This is the twitter updates from KL High Court in Nizar vs Zambry case. From 3 – 4pm
# great judgment nizar will seek audience with sultan for dissolution
# judge rejects stay appln
# zambry counsel applying for stay of declaration
# judge declares nizar lawful mb
# judge – mb can only be dismissed by no confidence motion in assembly
# judge – assembly never had no confidence motion, material
# judge – mb can request dissolution without having lost majoritya
# judge upholds stephen ningkan judgment
# judge rejects ag’s ‘deeming’ argument – no ambiguity in constitution
# judge says perak constitution does not contemplate mb dismissal by sultan
# judge says once mb appointed by sultan, mb is answerable to assembly
# kl high court judge delivering judgment so far so good keep fingers crossed
# Will try to tweet the High Court decision later using my handphone. (1pm)
5.30 pm – Deborah Loh of TheNutGraph has given the following report of the historic High Court judgment by Justice Datuk Abdul Aziz Abdul Rahim: –
KUALA LUMPUR, 11 May 2009: The Kuala Lumpur High Court today ruled that Datuk Seri Mohammed Nizar Jamaluddin is the rightful menteri besar of Perak.
High Court (Appellate and Special Powers Division) judge Datuk Abdul Aziz Abd Rahim, said the menteri besar can only be dismissed by a no-confidence motion in the state legislative assembly.
“The stark fact is, there never was any vote of no-confidence taken in the legislative assembly.
“So how could one say that the applicant (Nizar) had ceased to command the majority confidence? Evidence as to the loss of confidence was taken from various sources and not a vote in the assembly,” said Abdul Aziz.
Abdul Aziz, in his decision on the judicial review application filed by Nizar, also ruled that there was no vacancy in the menteri besar post.
“I am of the view that the office of the menteri besar of Perak has never become vacant or been vacated.
“Only in this manner (a vote of no-confidence) can the menteri besar be forced to resign.”
Nizar was ousted after Barisan Nasional (BN)’s Datuk Seri Dr Zambry Abdul Kadir was sworn in as Perak menteri besar on 6 Feb following the BN takeover of the state government. This happened after the Pakatan Rakyat lost its majority in the state assembly when three of its assemblypersons opted to become BN-friendly independents.
However, Nizar, who had earlier sought an audience with the sultan of Perak to request the dissolution of the state assembly, filed suit against Zambry.
On 13 Feb, Nizar, 52, filed an application to the court for a declaration that he is at all material times the menteri besar of Perak. He also sought a declaration that Datuk Seri Dr Zambry Abdul Kadir has no right to hold the office of menteri besar.
After the decision was announced, Zambry’s counsel Cecil Abraham immediately applied for a stay of execution of the High Court’s decision to declare Nizar the rightful MB. However, Abdul Aziz rejected the verbal application for a stay, but allowed them time to file a formal application.
Zambry’s lawyers want a stay to the court’s declaration today in order to file for an appeal of the High Court decision.
After the High Court’s decision, Nizar released a statement asking Zambry and the other executive councillors to vacate their posts with immediate effect in compliance with the court order.
Nizar also said an exco meeting would be held as soon as possible, and that he (Nizar) would return to Perak immediately to seek an audience with the sultan of Perak to request a dissolution of the state assembly.
He also announced that the state legal adviser, Datuk Ahmad Kamal Md Shahid, is suspended with immediate effect.
#1 by wesuffer on Monday, 11 May 2009 - 8:58 pm
now speaker siva have reason to suspend zambry and exco and the hatest woman of the year. for a year because they held a illegal assembly. and disrespect speaker. and make a state uncertain for couple of month.
#2 by SpeakUp on Monday, 11 May 2009 - 9:04 pm
wesuffer … not to forget in allowing police into the DUN, dragging the Speaker out, bringing in pepper spray etc. Hahahahaahahaa … this will go on and on and on …
#3 by wesuffer on Monday, 11 May 2009 - 9:04 pm
yesterdae najis said BN willing cooperate with pakatan to resolve perak crisis,
but today he said BN may appeal against court ? and remind pakatan dont be overexcited.
this kind of person can we trust his single word ?
#4 by mumzie on Monday, 11 May 2009 - 9:10 pm
Hip hip hurray! at last we can have fresh air. Uncle Lim and all who fought you are the best. Now I want to see where did Heee and Zam zam going to hide. Lets throw them to river.. hahaha!!!!! Do thing fast before BN people act, go see the Sultan.
#5 by poo chit on Monday, 11 May 2009 - 9:11 pm
Don’t be too happy. An appeal is on and as you have seen it lately, anything is possible in this wonderful Boleh Land. Just pray for the best. Malaysia Boleh!!!!!
#6 by wesuffer on Monday, 11 May 2009 - 9:12 pm
just want to share with all,
atleast 7 years cheras kajang highway was built.
at 9 mile cheras there is toll free existing old road was neglected by previous state government
the road surface was damage, road lining was disappear.
reason they dont take care of this road because they wanted motorist to use highway and pay toll.
but two month ago the road was resurface and repaint the driveway lining.
thanks for pakatan state government
#7 by doreen on Monday, 11 May 2009 - 9:17 pm
congratulations! am very glad that Nizar is proclamied the legal and rightful MB of Perak. PM has annonced that BN is going to appeal and they are so confident that they will win at the Court of Appeal, know why? b’cos Court of Appeal is controlled by UMNO. I personally feel that BN should stop fighting to take over Perak. Enough is enough…the mess created by UMNO BN has made the Rakyat hate UMNO and BN more and if the PM is really serious about 1Malaysia then he should respect the High Court decision that Nizar is he rightful MB and this is what the Rakyat wants!!!
#8 by siamo on Monday, 11 May 2009 - 9:43 pm
I agree with what goldenscreen has said. I am cautiously elated that we still have some good men in our judiciary. Not that I want to pour cold water on all the joy going around. However, the decision is still subject to appeal to federal court and the Supreme court. It could take weeks or months.
Meanwhile, BN and the police and the state secretary, etc can continue to scheme. Nizar, his first task, should be to dismiss the State secretary and the segearnt at arms.
I only hope that the Sultan come to his royal senses, end all this pain, dissolve the Assembly and put it back to the people.
#9 by a2a on Monday, 11 May 2009 - 9:51 pm
Get the Perak Assembly Dissolve as soon as possible.
Anythings else is not that important in the state anymore.
#10 by JasonLee on Monday, 11 May 2009 - 9:54 pm
Long Live Justice Bao of the present time !
#11 by Dr. W on Monday, 11 May 2009 - 10:05 pm
Since PR took office after 308, BEnd tried hard to raise racial sentiment as Nizar was announced MB.
Today, the chinese cheer no less than our malay and indian brothers for Nizar to remain as our MB.
Given Nizar, a malay man from PAS and Hee, a chinese frog from the drain, I will shed my blood to defend my malay MB.
It is really not about race no more.
#12 by KennyGan on Monday, 11 May 2009 - 10:21 pm
There’s no need to suspend Hee Yit Foong. Her seat has been declared empty by the speaker and it should still stand. The court has no jurisdiction over the power of the speaker.
#13 by the reds on Monday, 11 May 2009 - 10:25 pm
What a good news! Cheers!!! Nizar is our MB…. Support PR!!!
#14 by KennyGan on Monday, 11 May 2009 - 10:26 pm
Can someone tell me is it legal for a non-assemblyman like Ganesan to be appointed speaker? Can any Tom, Dick and Harry be the speaker. I think the constitution states that the speaker can vote in case of a deadlock so by implication he must be an assemblyman. Never before has an outsider been appointed speaker of the House. Surely this is something wrong?
#15 by a2a on Monday, 11 May 2009 - 10:33 pm
Don’t let the BN trick you by anythings offer, they are trying to delaying you to get PERAK ASSEMBLY DISSOLVE.
Get the PERAK ASSEMBLEY DISSOLVE as soon as possible.
Anything else is not important anymore.
#16 by guanteik on Monday, 11 May 2009 - 10:39 pm
@cintanegara, hudud? you must be kidding. If a Chinese supporter like me would vote for PAS, do you think we have never taken personality into consideration? And do you think if PAS implements any so called hudud in Perak, DO YOU THINK they will get the votes?
#17 by lopez on Monday, 11 May 2009 - 10:56 pm
amazing yet mind bogglialing ling
what took these so call judges so long to make a decision , when all facts are alredi on the table.
is it becos a new front has open …among law men
but..can they hold ground or willing to hold the grounds that they are entrusted to do…so help their souls
action speak louder than words
#18 by Taxidriver on Monday, 11 May 2009 - 11:18 pm
cintanegara says:
“nizar is from PAS..It clearly shows DAP supports Hudud…..I’m impressed”
cintanegara,
The question of DAP supporting ‘hudud’ does not arise as PAS is not running the Federal Government. But supporting Nizar who is from PAS shows DAP is not against Islam the religion.
cintanegara, do you support Islam, or are you against Islam-the religion practised by PAS?
Listen, just because you have that thing between your legs does’nt make you a potential rapist. Agree??????
#19 by ReformMalaysia on Monday, 11 May 2009 - 11:19 pm
Perhaps
PR or Sivakumar can seek court declaration that the Black 7/5 DUN sitting is invalid and seek court injunction to prevent ‘the new Speaker’ from performing his duty pending the court decision.
#20 by distantmalay on Monday, 11 May 2009 - 11:22 pm
“Nizar is from PAS….It clearly shows that DAP supports Hudud…I’m impressed..” (cintanegara)
do you see people getting stoned in kelantan and perak ?
do you see public executions ? chopping of hands and limbs ?
hello, this is Malaysia, not the middle east.
if these cannot be implemented in perak and kelantan, it cannot be implemented in Malaysia. The reason is, you need to replace the constitution before such laws can be implemented.
do you think PAS on its own power can replace the federal constitution ?
guys, do not be taken in by this cintanegara who uses BN scare tactics. These don’t work anymore.
#21 by distantmalay on Monday, 11 May 2009 - 11:34 pm
probably HRH the Sultan of Perak (a former Lord president), was fully aware that he could not dismiss an incumbent MB, but nevertheless went ahead to do so.
This way he draws BN into a deeper mistake, and leaves it to the court to pick up this glaring mistake and pass judgement.
maybe only.
#22 by pwcheng on Monday, 11 May 2009 - 11:35 pm
The Perak crisis is a blessing in disguise. It has apparently broken broken the racial barrier looking at the support of non Malays giving support to MB Nizar. What the people want is good governance and honorable leaders who can do the right thing at the right time.
If a survey were to be taken, even among the Chinese, I am sure there will be at least 90% Chinese who will love MB Nizar and 90 % who will hate the froggie Hee Yit Fong. To me she stands to be the most hated politician of the country today well surpassed Kairy’s standing.
#23 by Richardqed on Monday, 11 May 2009 - 11:36 pm
Oh, it looks like cintanegara, Umno’s cybertropper, has nothing left to say except to go back to his same old story talking about Pas and hudud. Wake up la cintanegara, hudud or not, we’d all rather vote for Pas than the MoFos in Umno, get it, idiot?
#24 by HJ Angus on Monday, 11 May 2009 - 11:36 pm
If Nizar is still the MB, then the last fiasco in the Perak Assembly was null and void; especially the removal of the Speaker who endured such a grave injustice at the hands of the usurper and also the Police.
If Najib has any sense for the loner term, Perak is already lost and if he is not careful, the BN federal government will definitely fall in the next elections.
Zambri and co have committed a serious offence by staging the “coup” and should be brought to justice.
Instead of trying to defend Z, the A-G should be tasked to protect the state constitution and not expect taxpayers to pay for the crime against the state.
In fact the Sultan of Perak can invoke his power of banishment to such a person who has caused such a tragedy to befall his state. But even if he prefers not to do so, the people of Perak will definitely boot him out.
#25 by Taxidriver on Monday, 11 May 2009 - 11:38 pm
KennyGan (Today at 22:26.55)
Ganesan being a non-assemblyman had no business to be inside the Dewan in the first place. That being the case, how is that they could elect him Speaker when he should NOT be even allowed inside the Dewan to participate in the Assembly proceedings?
Maybe, someone among us who is authority on the subject can help clear our doubts?
#26 by passerby on Tuesday, 12 May 2009 - 12:00 am
The Chinese has a saying that if the night is long, you will have more dreams.
To prevent any more illegal acts from the bn, the first thing the PR should do immediately is to sack the three former pr state assembly members since they have already given their resignations and suspend all those assembly members for their illegal power grab. Once this is done only pr can feel safe from all these crooks and thieves.
#27 by siamo on Tuesday, 12 May 2009 - 12:02 am
Not only Ganesan. On that day, many people who were not supposed to be in the Dewan was. Some plain clothes policemen? The IGP should now clarify if his men were involved. The people, the rakyat, need to know this. It has destroyed the sanctity of the Dewan.
If this logic goes, someone can summon the military into the Dewan. So, the army can carry out a coup by occupying the Dewan and appoint their own MB. If we extend this to the national scene, can the army, the police rush into the Parliament, remove the speaker, remove the sitting PM and appoint their own puppet? This is a serious issue that affects the development of our nation. It needs one precedent and the country will be ruined.
I though the BN should have learn from the mistakes that resulted in their defeat in March 2008. It appears not. Instead, they become bolder, using all the strong arm tactics. Are we heading for the likes of Zimbabwe?
#28 by yhsiew on Tuesday, 12 May 2009 - 12:06 am
BN should not be afraid to face a state-wide election but co-operate with PR to participate in the election, despite having little chance of winning, so as to regain its integrity and pride as a noble political party.
#29 by mangodurian on Tuesday, 12 May 2009 - 12:10 am
This whole sad shameful disgusting episode is epitomised by Hee Yit Foong. She and all the other traitors and BN have forgotten what democracy is about – rule by the people for the people. Hee got the mandate of the people from DAP’s ticket and then immediately after that forgotten who voted for her, and took the power to be hers to wield.
She never dared ask for a new mandate to switch sides. The same goes for BN. It was nothing about the People – it was all about the power.
It is a damn good thing that Anwar and PR never went through and won the ‘frog’ game, and I hope they never will try that strategy ever.
In fact, if ever elected with 2/3 majority in the next GE (or whenever) – PR must prove they are not the same sh^t with different name. They MUST change the law to prevent party-hopping.
#30 by siamo on Tuesday, 12 May 2009 - 12:11 am
HJ Angus,
Don’t give any more than is due to Zambry. He is just a underling. There are mighter hands above, controlling the wayang kulit. Otherwise, how can he get the support of the entire machinery of state, who is supposed to work for the people, but instead is working for the BN.
And for our learned Sultan Azlan Shah, he is the one who could have averted all this. I hope the Tuanku realises this and do something right after all. I am not sure which branch of law he dealt with when he was judge and head of the judiciary. I am sure constitutional law is not his forte.
#31 by goldenscreen on Tuesday, 12 May 2009 - 12:26 am
Possible plan of action for tomorrow:
1) Nizar and Ngeh Koo Ham with a core phalanx of supporters, lawyers and bodyguards go to the Palace at 8.30am to meet with the Regent of Perak to request the dissolution of the state assembly. Remind the Regent of the lies told by the three frogs before they jumped – that they were sick – and couldn’t be contacted by Pakatan Rakyat. Remind the Regent on the pending corruption and sex scandal cases against Osman and Jamaluddin. Remind the Regent on the status of Hee Yit Foong who no longer represents the voters of Jelapang and is the most hated Chinese in Malaysia. Then leave it to the wisdom of Raja Nazrin Shah. Now is the time to WALK THE TALK.
2) The rest of the Perak Pakatan Rakyat ADUNs backed by a small group of supporters, bodyguards and Unit Amal as well as Perak Pakatan Rakyat MPs to proceed to the State Assembly building and enter the state assembly as the the representatives of the rightful Menteri Besar, state government, state exco and Speaker of the House. The first thing is to order that the illegal BN ADUNs and illegal BN exco to vacate their office and empty it within 24 hours. Next they should issue directives to suspend the Sergent-at-Arms as well as the State Assembly Secretary. All this should be done at around or slightly after Nizar enters the Palace.
3) Next Sivakumar should immediately affirm his decision to suspend Zambry and the BN exco for contempt of the state government and contempt of the Perak constitution. Another directive to be issued to suspend Hee Yit Foong for her role in illegally usurping the powers of the Speaker of the House. And another directive to bar the illegal Speaker and non-ADUN Ganesan from entering the state assembly.
4) Early morning when the courts are opened tomorrow, Pakatan MPs and ADUNs from Selangor and KL should lead a delegation to file a suit against Hee Yit Foong for illegally usurping the powers of the Speaker and against Ganesan as the illegitimate Speaker of the House. Next they should file a police report against Zambry for impersonating the Menteri Besar and for enjoying the salary and perks as a MB illegally.
5) Anwar Ibrahim to lead delegation with Zaid Ibrahim, Nik Aziz and Abdul Hadi Awang and persuade Pak Lah and Ku Li to request a meeting with the DYMM YDP Agong. The purpose of this meeting is to request the Agong to stop any moves from UMNO in the event that UMNO wishes to put the army on the streets or start a pogrom on May 13.
And finally to all Pakatan supporters, do not demonstrate, do not utter seditious or offensive words against any race, religion or monarchy, do not be provoked by UMNO, PDRM or TDM. Just stay at home, go to work. Be cool.
#32 by mangodurian on Tuesday, 12 May 2009 - 12:30 am
I’d really like to see if the smirk on these faces are still there … especially on that liar, traitor of a woman:
http://media1.malaysiakini.com/181/027020f3dfe5ab7f50aaf9ac3351a624.jpg
#33 by boh-liao on Tuesday, 12 May 2009 - 12:57 am
Great twittering
Wonderful that finally
a High Court (Appellate and Special Powers Division) judge
more better and knowledgeable than
former Lord President
Tsk, tsk!
Is this the end of the muddle?
Will there be more drama?
Will the judge be replaced
and fresh judgment made?
Will the pretenders
C4/burn more files
transfer RM out to who knows what accounts
before the rightful owners
return to their offices?
If fresh election is to be held
are there enough trustworthy PR candidates?
Looks like if PR have monkeys as candidates
they too will get elected.
But we no want pariah candidates
who get elected
then jump, jump, jump
and be instant multimillionaires.
#34 by cwk100 on Tuesday, 12 May 2009 - 2:51 am
Surely the Sultan have not heard the wishes of the people for dissolution of state assembly the last time. I don’t think his royal highness will hear it this time around too.
The only way to make sure he heard loud and clear is to move the masses by the tens of thousands, something like the “bersih rally” in Perak asking for dissolution. I am sure be then, he will surely hear that.
#35 by Taxidriver on Tuesday, 12 May 2009 - 3:06 am
All signs are as clear as crystal. The Perak State Assembly will be dissolved for Perakians to choose their government.
Najib has finally realized that holding onto Perak is like holding a time-bomb. He knows he has plenty to lose and nothing to gain; He knows he must choose between staying his ground in Perak and UMNO/BN being wiped out in the 13th GE. He has decided to let go power in Perak with as little loss of face as possible.
Latest development saw the High Court ruling in in Nizar’s favour.Other indication is the Regent now acting on behalf of HRH Raja Azlan Shah who is on leave in US, leaving the regent to reverse his earlier decision to appoint Zambry as MB.
Najib cannot make his ‘surrender’ too obvious because it will incur the wrath of those with vested interest under Zambry, thereby causing more split within UMNO.
Good luck PR, Good luck to my Perak comrades.
#36 by gofortruth on Tuesday, 12 May 2009 - 3:22 am
goldenscreen Says:
Today at 00: 26.19 (2 hours ago)
Possible plan of action for tomorrow:
1) Nizar and Ngeh Koo Ham with a core phalanx of supporters, lawyers and bodyguards go to the Palace at 8.30am to meet with the Regent of Perak to request the dissolution of the state assembly……………………..
——————-
“Nizar corrected earlier reports saying that he would have an audience tomorrow with the regent, Raja Dr Nazrin Shah, at today’s investiture ceremony in the Kuala Kangsar palace, explaining that he would only be attending as his first formal duty since his reinstatement.
“We will send a letter to the Sultan to seek an audience to ask for the dissolution of the assembly so the people can exercise their right to choose their government,” he added.” – Malaysian insider
http://www.themalaysianinsider.com/index.php/malaysia/26161-nizar-suspends-state-secretary-legal-advisor-
#37 by heromal on Tuesday, 12 May 2009 - 3:36 am
today is like this, tomorrow is like that. yesterday court say like this, 2morw like that. however mat still merempit, ibu juga yang mati tersepit. sad.
give anything to you, nothing is produce, except sweat. hate, election again n again. tooo rich aa our country. wasting time to choose frog, blacksheep and parrot to lead people. why human can choose human to be their leader. maybe we are not human..
human – mind= animal.
human + mind= normal human.
opps.. terover.
#38 by taiking on Tuesday, 12 May 2009 - 7:59 am
Stupid umno fools asked for stay of the order. Can the court stay the functions of an entire state assembly and state government. During stay period the state is as good as without government trully and practically.
Of course the request to stay the order is prompted by the fear of fresh state election. Strike them while its hot. Kill them off while they are down. This is not simply a perak issue. It has turned into a national issue. Umno’s (and najib’s) survival depends on this one and only issue.
The judgment is also an indication that some conscientious and uprightous judges are now standing up against umno and zaki and are begining to rule strictly according to law and facts.
So move fast pakatan. Get on with the dissolution so that fresh election may proceed.
#39 by sotong on Tuesday, 12 May 2009 - 8:26 am
Race is a non issue in true Islam and PAS………..but it is the foundation of UMNO’s political struggle.
When non-Malays vote PAS, it spells the end of BN!
#40 by taiking on Tuesday, 12 May 2009 - 8:35 am
This is the best opportunity for the sultan to rid himself of his mistake without being seen as back-tracking on his earlier decision.
I have said this earlier. This is najib’s fatal mistake. A mistake he would not be able to free himself. Come to think of it anwar was smarter. He did not execute his plans even after going public with the 916 takeover. Fools will rush in where angels fear to thread.
In this political football, umno is losing big-time. Players with own interest to serve, bad organisation and planning, poor co-ordination and in-fighting and of course own goals all contributed to their extra abysmal performance. Looks like they are losing even though the referees are on their side and they have the means to fix the match somehow and the field is tilted towards their opponent’s goal post and they somehow can move their goal posts about.
Their performance is being shored up by articificial advantages and not real strength. Its just like their policies of deceiving the people into thinking that as a nation we are as competitive as say singapore or taiwan when our competitive edge too is being shored-up artificially by cheap foreign labours and subsidised this and that; and their policies of deceiving the common malays into thinking that they are protecting malay rights through the (now apparent to the world) stupid umnoputra-centric NEP.
#41 by disapointed86 on Tuesday, 12 May 2009 - 9:14 am
After the ruling, it is indeed a smart verdict by the High court Judge…Datuk Abdul Aziz Abd Rahim..very strong point as to why Nizar should retain his post as the MB.. one thing disappoint me is that..why for the past few months..the Sultan of Perak..just accept and agree everything given??…is there any advisor in the palace??..sometimes it is quite obvious especially to dismiss a MB..no offence but maybe the Royal highness should be more careful in deciding a matter as it really cause tension not only in both of the parties but also the people of Perak.
#42 by SpeakUp on Tuesday, 12 May 2009 - 12:30 pm
This ruling is useless if Zambry gets the stay with Court of Appeal, if he does, all that is done by Nizar today will be called UNLAWFUL by Zambry. Then the circus starts again.
I hope Nizar can get a consent for dossolution BEFORE the Court of Appeal hearing! Then it all stops. This will be the coup.
#43 by SpeakUp on Tuesday, 12 May 2009 - 12:31 pm
This ruling is useless if Zambry gets the stay with Court of Appeal, if he does, all that is done by Nizar today will be called UNLAWFUL by Zambry. Then the circus starts again.
I hope Nizar can get a consent for dissolution BEFORE the Court of Appeal hearing! Then it all stops. This will be the coup.