PETALING JAYA, 21 April 2009: Sultan Azlan Shah did not cite any reasons, not even constitutional grounds, for not dissolving the Perak state assembly, according to an affidavit filed by embattled Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin.
The affidavit, which was filed today at the Kuala Lumpur High Court registry, said Nizar made several arguments about why the state assembly should be dissolved following the resignation of three assemblypersons from the Pakatan Rakyat. However, the ruler merely declared that Nizar had to resign without giving any reasons for his decision.
“Right after I had made all my arguments, the sultan looked up at me and His Royal Highness declared that he was not going to dissolve the state assembly, and that I, as the menteri besar, should resign,” the affidavit said.
Nizar Nizar was describing his meeting with Sultan Azlan Shah on 5 Feb 2009, a day after he had formally met with the ruler to request for the dissolution of the state assembly.
During the earlier meeting on 4 April, Nizar presented the pre-signed resignation letters of the three assemblypersons, who were uncontactable at that point and were widely believed to have defected to the Barisan Nasional (BN).
The three were Parti Keadilan Rakyat (PKR)’s Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Jailu (Changkat Jering), and the DAP’s Hee Yit Foong (Jelapang) who subsequently became independents “friendly” to the BN.
Nizar said that during his meeting with Sultan Azlan Shah on 4 April, he requested for a dissolution in order to avoid a “deadlock” in the state assembly and in the state’s administration.
“I also noted that a dissolution would give the Perak people the right to an election, and for them to legitimately give a new mandate to the government,” Nizar said.
Nizar said Sultan Azlan Shah then said he would study the request and contact him. “His Royal Highness then said to me, ‘InnaAllaha maa Sobirin (God is with those who are patient)’ with a smile while shaking both his hands.”
Nizar then presented the draft document of a declaration of the dissolution of the state assembly, on which the sultan remained silent.
“I stress that during my audience with His Royal Highness, I never mentioned or informed or suggested to the sultan that there was a loss of confidence in me as the menteri besar by a majority of the assembly.
“I also never suggested to His Royal Highness to dissolve the state assembly in accordance with Article XVI (6) of the state constitution,” Nizar said.
Nizar added that Sultan Azlan Shah also never mentioned these two matters during their meeting.
Nizar’s affidavit was filed to refute an affidavit by Perak legal adviser Ahmad Kamal Md Shahid, which said that the ruler had cited the constitution when directing Nizar to resign.
Zambry Ahmad Kamal’s affidavit was in support of the affidavit by BN-installed Menteri Besar Datuk Seri Dr Zambry Abdul Kadir.
On 5 Feb
Nizar said when Sultan Azlan Shah informed him of his decision on 5 Feb, he spent 15 minutes arguing against the decision.
Among others, Nizar said, a dissolution would demonstrate that the ruler was fair and nonpartisan, and this would reflect on the principles of a constitutional monarch and democracy.
“I also reminded the sultan that history has shown that in countries such as Indonesia, the Philippines, Egypt and Iran, where the monarchy was partisan and ignored the people’s wishes, the institution of royalty was eventually threatened and declined.”
Nizar also reminded Sultan Azlan Shah about the letter signed by 31 Pakatan Rakyat assemblypersons indicating their support for him as menteri besar after the March 2008 elections.
These arguments, however, did not change Sultan Azlan Shah’s mind, to which Nizar then said to the ruler, “Ampun Tuanku, patik pohon sembah derhaka (forgive me your Highness, I humbly beg to disagree).”
Nizar then kissed the ruler’s hand, and Sultan Azlan Shah left the room without saying a word.
On that morning, Sultan Azlan Shah also met with Datuk Seri Najib Razak and Perak BN deputy chairperson Datuk Seri Ahmad Zahid Hamidi, who asked for the ruler’s consent to form the new state government.
Sultan Azlan ShahThe ruler subsequently met with all 28 assemblypersons from the BN and the three independents to ascertain if Nizar still commanded the majority of the assembly’s support.
Nizar was then called to the palace for the sultan’s decision to be made known to him.
On 13 Feb, Nizar filed an application for a judicial review, in challenging Zambry’s appointment by the sultan as menteri besar.
Nizar also sought several declarations regarding the interpretation of Article 16(6) of the Perak constitution.
In his application, Nizar claims he is the state’s legitimate chief executive on the grounds that there was no dissolution of the assembly, no motion of no-confidence against him, and he had not resigned from the post.
He also issued a writ of quo warranto asking Zambry to show cause by what authority he was occupying the post of menteri besar.
The case has been slated for hearing at the Kuala Lumpur High Court on 23 April. 
zach says
Give them hell, YB Nizar.
Lokman Daud says
I have been following this issue with a very keen interest since it’s inception, and I cannot, no matter how hard I try, believe that the sultan acted wisely in this matter. A man of his distinction had his hands forced by Najib – that is the only rationale I can see.
tangkup says
Tuhan Mahakuasa lagi Maha Adil.
Kabulkan hasrat rakyat. Kembalikan demokrasi di negeri Perak.
Siapa yang salah jatuhkan hukum Mu kepada mereka. Raja atau rakyat biasa sama saja darah merah mengalir dalam daging.
Ghifari X says
What manner of man is he? Allah always warned a people before their deeds manifest, of the consequence thereafter.
You have been warned. Allahu Alam! Do not betray Allah and the Prophet or those trusting in you.
“I also reminded the sultan that history has shown that in countries such as Indonesia, the Philippines, Egypt and Iran, where the monarchy was partisan and ignored the people’s wishes, the institution of royalty was eventually threatened and declined.”
ceong2000 says
It is so clear and if the case were reversed, do you think the sultan would have said the same [thing]? It is for you to find out. Perakians must be laughing at their own sultan.
If the rakyat does not want [Umno] to rule, then dissolve [the state assembly] so that the next election will [result] in a different story if not, the BeEnd will be the end of it.
Why [does BN] want to rule for three years? So that corruption will take place? Think about Perakians first before it’s too late……
D Lim says
Being an anak Perak, we are always proud of our state, however slow moving and laid back it is compared to fast-paced Selangor. I have heard rumours that the former sultan protected all his people including Chinese [Malaysians] from the racial riots which rocked Selangor and that he “cared for all of us”. As I grow older, I have learnt to respect our current sultan and am proud to announce to everyone that he is the most learned sultan.
It is sad that our beloved sultan is now caught in a political web. The only way to clear ‘this mess’ is to have an election so that the rakyat can make up their mind over these spate of events. Failure to do so will spur rumours and taint the name of our beloved sultan as rumours fly like dust as to the motive of our beloved sultan’s actions. God bless the place where I was born and brought up.
michael says
Tough laws never last; tough people do.
Jeff says
The Sultan has lost a lot of respect from his subjects and ordinary Malaysians as this matter has not been dealt with in a proper manner. We are no longer living in the dark ages. Perakians and ordinary Malaysians are wise enough to make their choices via a properly conducted election. The Sultan should be seen to act in a manner that is consistent with the spirit of the constituition. The only way out and for the sultan to gain the respect of his subjects is to dissolve the assembly for the politicians to seek a new mandate from Perakians. You’ve got to ask why Umno/BN is adverse to do that. We all know why.
ShiokGuy says
Let the people speak!
Let the people decide!
You can silence us now!
How long can you do it?
For the people is still the Boss!
Gopal Raj Kumar says
The Sultan is not required to proffer any reasons for his actions or omissions in exercising his discretionary powers under the constitution.
Perhaps that’s why it is called a discretion. Move forward.