Lawyers give different views on High Court’s decision
By FOO YEE PING
He also said the bottom line now is that Nizar did not enjoy the majority of the assembly, as “It’s still 28/31 (Pakatan Rakyat/ Barisan Nasional).”
Muhammad Shafee said he expected a two-prong attack from Barisan - file an appeal and go for the stay application, and then move for the assembly to sit. “Then, they can outvote the MB,” he said.
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PETALING JAYA: Lawyers have given differing views on the outcome of the court case which ruled that Datuk Seri Mohammad Nizar Jamaluddin is the legitimate Perak Mentri Besar.
Senior lawyer Datuk Muhammad Shafee Abdullah said the decision by High Court judge Justice Abdul Aziz Abdul Rahim, was “quite unexpected” as there was a precedent case in Sabah which ruled differently.
He said the case, which adopted a decision handed down by the Privy Council in Africa, suggested that whether there was a lack of confidence against a Mentri Besar (or Chief Minister) need not have to be found on the floor of the assembly.
Yesterday, Justice Abdul Aziz said that Nizar, once appointed Mentri Besar, was only answerable to the State Legislative Assembly and that based on democratic practice, He also said the bottom line now is that Nizar did not enjoy the majority of the assembly, as “It’s still 28/31 (Pakatan Rakyat/ Barisan Nasional).”the vote of no-confidence should be taken on the floor of the assembly and only that way, Nizar could be forced to resign.
“So, it was quite strange that the court said this had to be found only on the floor of the assembly,” the lawyer said when contacted yesterday.
Muhammad Shafee said he expected a two-prong attack from Barisan - file an appeal and go for the stay application, and then move for the assembly to sit. “Then, they can outvote the MB,” he said.
He also said the bottom line now is that Nizar did not enjoy the majority of the assembly, as “It’s still 28/31 (Pakatan Rakyat/ Barisan Nasional).”
Muhammad Shafee said he expected a two-prong attack from Barisan - file an appeal and go for the stay application, and then move for the assembly to sit. “Then, they can outvote the MB,” he said.
Read More...
PETALING JAYA: Lawyers have given differing views on the outcome of the court case which ruled that Datuk Seri Mohammad Nizar Jamaluddin is the legitimate Perak Mentri Besar.
Senior lawyer Datuk Muhammad Shafee Abdullah said the decision by High Court judge Justice Abdul Aziz Abdul Rahim, was “quite unexpected” as there was a precedent case in Sabah which ruled differently.
He said the case, which adopted a decision handed down by the Privy Council in Africa, suggested that whether there was a lack of confidence against a Mentri Besar (or Chief Minister) need not have to be found on the floor of the assembly.
Yesterday, Justice Abdul Aziz said that Nizar, once appointed Mentri Besar, was only answerable to the State Legislative Assembly and that based on democratic practice, He also said the bottom line now is that Nizar did not enjoy the majority of the assembly, as “It’s still 28/31 (Pakatan Rakyat/ Barisan Nasional).”the vote of no-confidence should be taken on the floor of the assembly and only that way, Nizar could be forced to resign.
“So, it was quite strange that the court said this had to be found only on the floor of the assembly,” the lawyer said when contacted yesterday.
Muhammad Shafee said he expected a two-prong attack from Barisan - file an appeal and go for the stay application, and then move for the assembly to sit. “Then, they can outvote the MB,” he said.
