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Court of Appeal grants stay to Zambry (Updated)

Updated 7.54pm, 12 May 2009

PUTRAJAYA, 12 May 2009: The Court of Appeal today granted Datuk Seri Dr Zambry Abdul Kadir a stay of execution on the High Court’s decision declaring his opponent, Datuk Seri Mohammad Nizar Jamaluddin, as the legitimate Perak menteri besar.


Zambry
As such, Zambry remains the Perak MB until the court disposes his appeal against the High Court decision yesterday.

In granting the stay, Court of Appeal judge Datuk Ramly Ali said the court would fix an early date to hear Zambry’s appeal.

He said he was satisfied that there were special circumstances to grant the stay as Zambry’s appeal would be rendered worthless if the stay was not granted.

“This is a very unique case as it does not only involve Zambry and Mohammad Nizar but also the entire Perak state,” he said, reports Bernama.

Ramly said that based on previous court practice, the court had jurisdiction to grant the stay order since a notice of appeal had been filed.

He made the decision after hearing submissions for about one hour from Zambry’s counsel, Datuk Cecil Abraham, Mohammad Nizar’s counsel Sulaiman Abdullah and Attorney-General Tan Sri Abdul Gani Patail, for the Government.  

He, however, refused Sulaiman’s request for certain conditions to be attached to the stay order.

Yesterday, High Court judge Abdul Aziz Abdul Rahim declared Nizar as the rightful menteri besar after ruling that he (Nizar) had not vacated the office of menteri besar since he had not lost the majority confidence of the state legislative assembly.

On 13 Feb, Nizar, 52, filed an application to the court for a declaration that he is at all material times the rightful menteri besar of Perak, and an injunction to bar Zambry from discharging his duties as the menteri besar.

Nizar, who was appointed menteri besar on 17 March last year after the DAP-PKR-PAS alliance won 31 seats in the 12th general election, also sought a declaration that Zambry has no right to hold the office of menteri besar.

Both sides have 28 seats each in the 59-seat assembly after three Pakatan assemblypersons quit their parties to become independents and the fourth jumped back from PKR to Umno.


Nizar on 11 May after the High Court
declared him the rightful Perak MB
Sultan Azlan Shah then asked Nizar to step down as menteri besar and swore in Zambry after declaring that Barisan Nasional had the majority in the state legislative assembly.

Zambry filed the stay application and notice of appeal 16 hours after Mohammad Nizar returned to office.

Following today’s decision, one of Nizar’s counsel, Ranjit Singh, said they are contemplating filing an appeal to the Court of Appeal to set aside the stay order.

He said section 44 of the Courts of Judicature Act gave them 10 days to file an appeal to set aside the order. However, he would have to seek instructions from Nizar.

Earlier, in his submission, Abraham said that the stay was vital to stop Nizar from trying to seek the approval of the Perak Sultan to dissolve the state assembly because if the dissolution was granted, Zambry’s appeal would be academic.

He said the matter also involved interpretation of Articles 16 (6), 36 and 18 of the Perak Constitution in which there were no previous court of appeal decisions.

Abdul Gani supported the motion, saying that Perak’s political problem must be resolved by the highest court in the country as soon as possible because it would affect the entire country.

Suspension invalid

Meanwhile in PUTRAJAYA, Chief Secretary to the Government Tan Sri Mohd Sidek Hassan said today the suspension of Perak state secretary Datuk Dr Abdul Rahman Hashim and Perak Legal Advisor Datuk Ahmad Kamal Md Shahid is invalid, reports Bernama.

Sidek said both of them are eligible to conduct their duties as usual as the menteri besar did not have the legal authority to suspend either of the officers.

He said the power to suspend a public officer was vested with the relevant disciplinary authority.

“As for the legal advisor, the authority is vested with the Judicial and Legal Service Commission while in the case of the state secretary it is vested with the Public Service Commission,” he told reporters here.

Sidek was asked to comment on news reports that Nizar, after he was declared the rightful menteri besar of Perak yesterday by the High Court, had suspended Abdul Rahman and Ahmad Kamal. 

Sidek said the suspension of a public officer was subject to the provisions of the Public Officers (Conduct and Discipline) Regulations 1993.


Sivakumar
Meanwhile, The Edge reports speaker V Sivakumar, who is from the DAP, as saying the chances for the BN to call for an emergency meeting to move a motion of no confidence against Nizar are next to impossible.

Sivakumar said any emergency motion must go through the speaker, who will determine the date and time for the motion to be tabled in the House.

 Sivakumar was dragged out of the state assembly sitting after the BN assemblypersons moved a motion to replace him with the MIC’s Datuk R Ganesan. But Sivakumar contends that the entire sitting was illegal, and as such, claims he is the rightful speaker.

Earlier, The Edge reported that Nizar handed over a letter seeking an audience with the sultan to request for dissolution of the state assembly.

It said the letter was handed over to the Raja Muda of Perak, Raja Nazrin Shah, at 8.30am today, and that the Pakatan Rakyat was expected to hold a press conference at 11am.

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17 Responses to “Court of Appeal grants stay to Zambry (Updated)”

  1. Sonia says:

    Is it that clear that the stay of execution means that Zambry ‘remains MB’? It doesn’t overturn the earlier judgement, which means Zambry is not MB, and has never been MB. It does mean Nizar cannot currently assume that office. As I understand it.

  2. chegu says:

    It should not matter who wins in the final ruling as long as they have the Rakyat’s interest at heart. May the best person rule!

  3. kip says:

    Why must it come to this state? Why? Why? Are those people blind or cold-blooded? Justice must prevail at the end of the day. I am sick and tired of all this crap. How now? Democracy is dead. Only iron fist rules the day.

  4. lim says:

    I guess the empire strikes back.

  5. bat8 says:

    I tend to agree with Sonia. LKS also said a similar thing. The decision today does not overturn the judgment by the high court yesterday that Nizar is still the rightful MB. It just prohibits Nizar from exercising his power as an MB. He cannot go to his office to work.

    Now who is the legit MB then? Seems there is no MB now. I am waiting for the sultan’s statement on the issue – who shall govern the state in the interim? Can he appoint someone less who is non-partisan like a retired senior civil servant to become an interim MB?

    bat8

  6. Kamal says:

    As the court said, this case involves the people of Perak. The case as earlier noted is one of technical dispute, the eventuality should be decided by the largest stakeholder; the people. They should have fresh elections.

  7. irene says:

    Since the judge says it is a unique case WHY must he grant the stay? Just leave it to the sultan to dissolve the assembly. Perakians only want a Fresh Election. We Perakians should decide who will be our MB and not the judge alone.

  8. CONCERNED PERAKIAN says:

    Reading from Param Cumaraswamy’s statement, it looks the Application for stay was heard by a single Court of Appeal Judge in such an important case. Could some one from the Nizar’s legal team explain what transpired in the Court of Appeal.

  9. SILAN says:

    I’m getting sick with all this rubbish. Come on lah Zambry, what else do you want? Your time has started, your leader (Najib), you, and all your friends (including the three frogs) will going to ground soon. Just wait and do whatever you want to do before you back to your old job. God is watching everything, Perakians will teach you a lesson soon. Just wait.

  10. Tommy says:

    Well crafted piece of art. It gives the impression that the judiciary is impartial. Why was the case thrown back to the High Court by the Federal Court earlier? So that there is ‘space’ for BN to make appeal. YB Nizar thought he had won but ‘kaboom’ he is hit before he knows it.

    Everyone was quick to praise the judiciary. In fact it is working in BN’s favour. The decision of the High Court will be overturned and Zambry will be the legit MB. Then Assembly sitting will quickly be called and vote of no-confidence taken and zap! YB Nizar is out. End of Perak fiasco. Period.

  11. hamba pun hamba says:

    After all, there’s somebody above the judge who will decide. Good luck to our fellow Perakians. Justice (of this kind) will prevail!

  12. jery says:

    In plain English, the reason to grant the stay is because Zambry’s appeal would be otherwise rendered worthless. Now if this is not nuts I don’t know what is.

  13. tebing tinggi says:

    I am of the opinion this issue won’t come to this extent if both parties think about the interest of those people who elect them. In a layman’s opinion the ruling government and the opposition are a team, so much so that it would be a check and balance to whatever decision is made for the betterment of the people they represent, NOT to fight each other on who’s right and who’s wrong.

    The incident of May 7 is enough to show the quality of our elected representatives we had and we chose. Blaming each other will bring us nowhere and being recalcitrant doesn’t make us a hero, maybe to certain quarters, yes.

    Talk of upholding democracy is just a political game. Democracy is a system that brings you there but you forget who put you there.

    When will it end, I wonder.

  14. raguel says:

    Is there established case law on stay of declaration .

    Amazing court of appeal fast-track Zambry’s application within hours when there are loads of backlogs. So the court gives priority to political masters, even just dragging any judge will do – just get a decision in favour of BN however biased the excuse given. Many lawyers have not heard of this judge.

  15. Curmudgeon, Subang Jaya says:

    There is no such thing as “very unique”. It’s either unique (one of a kind) or it’s not. If those were the grounds upon which Yang Arif based his decision to grant the stay sought by Datuk Zambry, then they are entirely illusory and non-existent, mistaken and misconceived. The essence of good judicial reasoning and judgment is clarity in thought and precision of expression. In a case of this universally acknowledged significance, only the highest standards will do. In my high school we were failed for that kind of shoddiness of expression. “Curmudgeon”, Subang Jaya.

  16. statistician says:

    Such a disgusting circus!
    1. Legit MB is being barred from his office and duties as MB.
    2. Illegitimate MB is allowed to perform in MB-Office and doing duties of MB!
    3. If that’s the case, then all prisoners in Malaysia should be let out from jails to live a life as free as law abiding rakyat like you and me.
    4. The mutation done by ‘that party’ is simply so disgusting!

  17. Perakian says:

    As Perakian I am very sad what has happened to my Silver State. The judges, IGP and AG make is so obvious that they’re spokespersons for BN. People are angry and they have expressed clearly that they don’t want BN-Umno. Zambry should accept defeat and let PR to rule the Silver State. If there is a snap election, it is death for BN-Umno. No more support for BN-Umno. Opposition will prevail.


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