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.