Zambry is rightful Perak MB (Updated 4.25pm)

Updated 4.25pm, 22 May 2009

Nizar (left) and Zambry

PUTRAJAYA, 22 May 2009: The Court of Appeal here today allowed Datuk Seri Dr Zambry Abdul Kadir’s appeal to overturn the High Court’s decision declaring Datuk Seri Mohammad Nizar Jamaluddin as the rightful Perak menteri besar (MB).

In a unanimous decision, Justice Datuk Md Raus Shariff, who sat with Justices Datuk Zainun Ali and Datuk Ahmad Maarop, found that Sultan Azlan Shah was right in swearing in Zambry as the MB.

Raus, who read out his decision at 3.44pm, said the court ruled that Nizar’s request for dissolution was made under Article 16(6) of the Perak State Constitution. As such, Nizar had lost the majority confidence and the sultan can appoint Zambry as MB.

Nizar’s legal team said they will appeal against the decision.

Nizar, 52, was appointed menteri besar on 17 March last year after the Pakatan Rakyat (PR) won 31 seats in the 12th general election.

He was ousted after the Zambry was sworn in as Perak menteri besar on 6 Feb. This was following the BN takeover of the state government, precipitated by the defection of three Pakatan Rakyat (PR) assemblypersons who had opted to become BN-friendly independents, leading to the PR losing its majority in the state assembly.

Nizar sought an audience with the sultan of Perak on 5 Feb to request the dissolution of the state assembly, but was turned down and instead ordered to step down as menteri besar. Subsequently, Nizar filed a suit against Zambry.

On 13 Feb, Nizar filed a judicial review and sought a declaration from the courts that he is at all material times the menteri besar of Perak. He also sought a declaration that Zambry has no right to hold the office of menteri besar.

On 11 May, the Kuala Lumpur High Court ruled that Nizar was the rightful menteri besar of Perak. High Court (Appellate and Special Powers Division) judge Datuk Abdul Aziz Abd Rahim ruled that there was no provision in the state constitution for the menteri besar to be fired or for the post to be vacant in the event that the menteri besar refused to resign.

However, on 12 May, the Court of Appeal in Putrajaya granted Zambry a stay of execution on the High Court decision.

The next day, Nizar applied to the same court to set aside the stay order.

Live Updates (Please refresh the page for the latest update) 

3:55pm: Zambry’s appeal to overturn the high court’s decision declaring Nizar as the rightful Perak MB is allowed. 

3:48pm: Appeals court makes unanimous decision that Nizar’s request for dissolution was made under Article 16(6) of the Perak State Constitution, meaning that Nizar had lost majority confidence and Sultan can appoint Zambry as MB.

3:44pm: Justice Raus begins reading judgment now.

3:37pm: Police allow a number of reporters into the courtroom, thanks to the efforts of lawyers and reporters who are already inside the building.

3:21pm: Police say restrictions are on orders from court officials.But they finally allow a handful of reporters inside the courtroom. 

3.19pm: Perak DAP secretary and Pantai Remis assemblyperson  Nga Kor Ming is telling police that he is Nizar representative as the embattled Perak MB is absent today. After arguing with the police, they finally let him through.

3.14pm: Police at Putrajaya court complex are preventing reporters from entering the court room where the Court of Appeal will be delivering its judgement on the Perak MB case. Reason given is that there is limited space but this was not a problem yesterday. A large number of supporters are also here. Finally, a few reporters are allowed inside.

To be updated

Court cases related to the 2009 Perak constitutional crisis

	Plaintiff vs defendant	Matter	Status / Court / Decision	Ruled in PR’s favour
1	Nizar vs Zambry	To determine rightful Perak MB.	High Court decision on 11 May 2009: Datuk Seri Mohammed Nizar Jamaluddin is the rightful menteri besar of Perak. But Court of Appeal grants a stay of execution to Zambry on 12 May. Nizar has since filed an application to set aside that stay. The Court of Appeal will hear that application on 21 May. On 22 May, Court of Appeal allows Zambry’s appeal to set aside High Court judgement. In a unanimous decision, they rule that Zambry was rightfully sworn in by the Sultan of Perak.
2	Jamaluddin Mohd Radzi, Mohd Osman Jailu and Hee Yit Foong (3 Aduns) vs Speaker V Sivakumar vs EC	A declaration that the plaintiffs have not resigned as elected representatives. And to rule whether the EC has the right to declare vacancy status of state seats.	Federal Court decision on 9 April 2009: Plaintiffs have not resigned, remain as Aduns. EC has the right to determine if a state seat is vacant, not the speaker.
3	Zambry and 6 Others (excos) vs Sivakumar and state assembly	Among others, a declaration that the speaker’s suspension of MB Zambry and six exco are invalid. Injunction to prevent speaker from holding unlawful meetings.	Federal Court decision on 16 April: Speaker’s decision to suspend Zambry and six others was null and void. No ruling on other applications. Ipoh High Court decision on 3 March: Injunction granted in the afternoon preventing speaker from holding unlawful meetings. Injunction was not retrospective and did not cover the 3 March sitting under the tree in the morning.
4	Sivakumar vs state legal adviser	An order that the state legal adviser had no instructions to represent the speaker.	Court of Appeal decision on 13 March 2009: Speaker is allowed to choose and appoint his own lawyers.
5	Sivakumar vs Election Commission, Jamaluddin Mohd Radzi, Mohd Osman Jailu and Hee Yit Foong	Judicial review of EC’s decision not to declare the three seats of Behrang, Changkat Jering and Jelapang vacant following Sivakumar’s declaration that the three independents had resigned, and not to hold fresh elections for the three vacant seats.	Kuala Lumpur High Court hearing on 28 May
6	Chen Fook Chye, Tai Sing Ng and A Sivanesan (excos), and Ahmad Sabry, Abdul Latif and Foo Hon Wai (voters) vs EC and three independent Aduns	Judicial review of EC’s decision not to declare the three seats of Behrang, Changkat Jering and Jelapang vacant following Sivakumar’s declaration that the three independents had resigned, and not to hold fresh elections for the three vacant seats.	Kuala Lumpur High Court hearing on 28 May

Table of Perak court cases as of 22 May 2009