PETALING JAYA, 3 June 2009: Embattled Perak Menteri Besar (MB) Datuk Seri Mohammad Nizar Jamaluddin will on 8 June, apply for leave from the Federal Court to appeal against the Court of Appeals’ judgement declaring rival Datuk Seri Dr Zambry Abdul Kadir as the lawful MB.
Nizar
Nizar will apply for leave despite the absence of a written judgement by the appellate judges. The Court of Appeals’ written judgement is usually needed so that the grounds of appeal can be spelt out for the Federal Court to consider.
“I shall file for leave on Monday, in Putrajaya, as we’ve waited more than a week for the written judgement. The Appeals Court has not kept its promise to give the written judgement in seven days,” Nizar told The Nut Graph by phone from Ipoh. He had given a press conference on the same matter earlier today in Ipoh.
After announcing the Court of Appeals’ decision on 22 May, judge Datuk Md Raus Shariff had said he would try to expedite the written judgement in seven days in response to a request of urgency by Nizar’s lawyer.
Lawyer Sulaiman Abdullah had said that Nizar’s legal team needed the written judgement in order to request leave from the Federal Court to file an appeal. Cases moving from the Court of Appeals to the higher court do not get automatic right of appeal.
Nizar has 30 days from 22 May to apply for leave to appeal.
The three Court of Appeal judges on 22 May unanimously ruled that Perak Ruler Sultan Azlan Shah was right in finding that Nizar had lost the confidence of the majority of state legislators, and that a vote of no-confidence in the assembly was not necessary to determine this.
The court set aside the judgement of the High Court on 11 May that Nizar was the legitimate MB, and that a no-confidence motion in the legislative assembly was the only way to decide if he had the majority’s confidence.
Zambry’s lawyers have argued throughout the trial that the sultan was allowed to use other means, besides a no-confidence motion, to determine where support of the assemblypersons lay.
They also held that the sultan was empowered to appoint a new MB if Nizar did not resign according to Article 16(6) of the Perak Constitution, because Nizar was part of the executive council.
Article 16(6) states that the MB has to tender the resignation of the executive council if he ceases to command the confidence of the majority of the legislative assembly, and if the sultan rejects his request for a dissolution of the assembly.
Nizar’s lawyers have argued that neither Article 16(6) nor any other provision in the constitution explicitly provides for the sultan to sack a menteri besar. They contend that the sultan’s royal prerogative is only limited to withholding or granting request for a dissolution of the assembly, and not to determine the majority’s confidence.
The Perak crisis which began on 5 Feb with the Barisan Nasional’s takeover of the state government has now moved to the courts. Nizar and other Pakatan Rakyat leaders in Perak, however, have continued to hold ceramah and other public programmes such as a three-day hunger strike to keep sentiment alive. 
sapu says
If in a country, the people do not have trust in the judiciary, it is a sad day indeed. Justice must not only be seen to be done. Here we have judges giving out rulings without written judgements, just a couple of sentences that normally begin [with] … “the learned High Court judge has erred ….”
james au says
It’s a nightmare ! The Court of Appeals cannot give a written judgment! Simply put … it’s the beginning of the end of democracy in Malaysia. I can only smell suspicion. In fact, the whole process was illegal right from the beginning. What Malaysians are experiencing right now is the manipulation of the Federal Constitution the Barisan Nasional way towards their own selfish ends and greed. A classic case of power abuse and total disregard to the laws of Malaysia. For any govt that does not respect it’s own law … it’s like disrespect to the whole country! Then, what’s the use of the Rukunegara? How are we common citizens to explain and guide the next generation? Create our own stories? I’m beginning to feel and understand the meaning of 1Malaysia a little clearer now. What we are getting now is only a mild dose. Be prepared for bigger things to come. God Bless Malaysia.
tkwah says
Three logical questions:
1. Which political party is the Chief Justice affiliated to?
2. How does one become a Federal Court Judge?
3. Based on 1 and 2 above, what are the chances that the popularly-elected MB would be restored by the Federal Court?
batu-api says
The kerajaan is right, the CoA upheld the Najib administration’s of the state and therefore Zambry is the menteri besar of the Perak state zoo.
The Sultan was advised by the then DPM that this is the correct decision and so the sultan appointed Zambry.
Now the CoA will probably delay giving the grounds of its decision in writing until the 30 days is up, thus depriving Nizar the right of appeal to the Federal Court.
Najib boleh!