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Politik Perak: 22 hours later

Nizar In Zambry Out

This was published in Malaysian Insider yesterday;

For at least 19 hours, Datuk Seri Nizar Jamaluddin is the legitimate Mentri Besar of Perak.

High Court judge Datuk Abdul Aziz Abdul Rahim today ruled that that the only way to force the MB to resign is through a vote of no-confidence in the state assembly.

He rejected a plea for a stay of execution from lawyers for Datuk Zambry Abdul Kadir, the Barisan Nasional politician who was installed as the chief executive of the state by the Sultan of Perak, Sultan Azlan Shah.

Zambry’s lawyers are expected to make a beeline for the Court of Appeal tomorrow morning to obtain a stay of execution of the High Court ruling – a ruling which has added another chapter to the story of the power grab which began with the defection of three Pakatan Rakyat lawmakers in February.

But till then, Nizar is the MB of Perak.

Tommy Thomas, an expert in constitutional law, told The Malaysian Insider: “Upon the pen being put down by the judge and by the fact there was no stay of execution, Nizar is the MB of Perak.’’


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This is today:

Nizar out as MB again!

Approximately 22 hours after the Kuala Lumpur High Court ruled that he was the rightful mentri besar of Perak, Datuk Seri Nizar Jamaluddin is now unable to act as mentri besar again after the Court of Appeal granted an unconditional stay of yesterday's High Court order.

Judge Datuk Ramly Haji Ali said that he was satisfied that there were special circumstances and granted the stay order to Datuk Seri Zambry Abdul Kadir at about 1.15 pm.

The effect of the stay order is that Nizar cannot act as mentri besar pending the appeal of yesterday's High Court decision by Zambry.

The date of appeal was not determined but Ramly said that he will set an early appeal date.

Datuk Cecil Abraham, the lead counsel for Zambry said that since Nizar, was seeking to use his position as mentri besar to seek a dissolution of the state assembly, it would render the actual appeal by Zambry unnecessary and thus a stay of yesterday's order was required.

Sulaiman Abdullah, the lead counsel for Nizar argued however, that the decision to dissolve the state assembly was the perrogative of the Sultan of Perak and that there was no guarantee that the Sultan would agree to a dissolution pending Zambry's appeal.

Nizar's lawyers are now exploring the possibility of setting aside the stay order but will seek instructions from their client first.

Mohd Hafarizam Harun who was holding a watching brief for Barisan Nasional told reporters that Nizar should now do what Zambry had done and respect the court's decision and vacate the office of mentri besar honorably.




 
that certain quarters have tended to ridicule judgments of the courts solely for these judgments having ruled one way rather than the other. For them, the expected outcome defines everything.

If it is not disappointing then it is presumed that the process of the law was not compromised. However, if the outcome is disappointing then it is a given that the process was subverted. This cannot be the right way to look at things as, whatever the case, the process of the law is crucial.-Malik Imtiaz Sarwar