Pakatan Rakyat - Opposition leaders decry court’s ruling

PETALING JAYA: Opposition party leaders have expressed disappointment over the Federal Court’s unanimous decision to declare Datuk Seri Dr Zambry Abdul Kadir as Perak’s rightful Mentri Besar.

DAP secretary-general Lim Guan Eng urged Barisan Nasional to dissolve the Perak state assembly and hold fresh elections.

Lim, who is Penang Chief Minister, said Barisan has to restore democracy and the constitutional right of the people to determine their government.

“Any government that does not have any directly elected mandate violates the democratic principle of people’s power,” he said in a statement yesterday.

DAP adviser Lim Kit Siang, who was also at the press conference at the Palace of Justice in Putrajaya yesterday, described the unanimous decision as shameful.

PKR secretary-general Saifuddin Nasution Ismail said the Pakatan Rakyat would continue its political battle to wrest Perak from the Barisan despite the Federal Court’s ruling.

He said PKR regarded the decision as a black mark in the history of the country’s judiciary.

“It definitely will not break Pakatan’s spirit in its efforts to ensure its victory in Perak in the next general election,” he said.

The party’s political bureau chief Datuk Zaid Ibrahim said the court has decided that the principles of constitutional law, parliamentary democracy and justice were subservient to political wishes.

“It means that the Malay Rulers now have an absolute power over the Chief Executive of the State.

“The Sultan now not only has the power to refuse the appointment of anyone proposed by the government of the day as the Mentri Besar that he disapproves of, he also has the power to dismiss the said Mentri Besar if he so wishes,” he said.

He said it seemed that the constitutional requirement that a constitutional head only acted on the advice of the Mentri Besar or the Prime Minister was now no longer applicable.

PAS spiritual adviser Datuk Nik Abdul Aziz Nik Mat called on the people to reject the Federal Court decision.

He said in Kota Baru that it was not wrong for the people to reject the decision because people have recently demonstrated their displeasure over a High Court decision.

He said it was not wrong to demonstrate against the decision as it was part of democracy.

Perak DAP chairman Datuk Ngeh Koo Ham claimed that if fresh elections were not called, the rights of 54% of the people of Perak whom he claimed supported Pakatan, would be denied.

Declared Perak MB, Nizar to hold 10pm Pakatan Exco meeting in Ipoh

9:24pm: The High Court today declared Datuk Nizar Jamaluddin as the legitimate Menteri Besar of Perak and his bid to regain office will come sooner than expected after the same court denied the application of rival MB, Datuk Dr Zambry Abdul Kadir, for a apply for a stay pending an appeal.

In his ruling, Justice Abdul Aziz Abd Rahim stated that a new Mentri Besar could not be appointed as the office had not been vacated. A mentri besar can only be dismissed by a vote of no confidence, one in which Aziz noted that the Perak Legislative did not carry out.

Court said the fatal Barisan Nasional mistake was despite the majority of 31 against 28, the coalition failed to take a no-confidence vote against Nizar in the state assembly.

The Judge said once appointed as chief executive of the state, the Menteri Besar is only answerable to the state assembly.

The judge also said the job of the Ruler or head of state was only to appoint a Menteri Besar and if he refuses to resign, he cannot be sacked or his position vacated.
Justice Aziz said Nizar had gone to meet the sultan on Feb 4 to seek a dissolution of the house to go back to the people.

“It is not true that Nizar had asked the ruler to dissolve the House on grounds that he had lost confidence of the majority,” he said.

Prime Minister Datuk Seri Najib Abdul Razak said the BN will appeal the court ruling.

“We feel we have a strong case. We feel that we are on a sound footing so we will appeal this decision,” Najib told a Press conference in an immediate reaction the court ruling.

In the meantime, Nizar declined to meet the Press for the customary Press conference, preferring to leave the court to travel back to Ipoh to seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get the royal consent to dissolve the Perak Assembly and call for fresh state elections.

However, he has made a pit stop at Taman Melewar, in Gombak, where the Pas headquarters is situated, where he briefed senior Pas leaders on the court ruling.

Nizar was expected to attend a Pas ceramah tonight and explain the court ruling to supporters but NST reporters have established that he has left for Ipoh to hold an a Pakatan Rakyat Exco meeting around 10pm, presumably with those who were State Exco members when he held office. Word has spread to the Ipoh-based Press that a media conference will be held no later than 12.30am.

"I have already indicated to the palace that I am seeking an audience with the Raja Muda to present a proposal to dissolve the state assembly," he said.

"It does not matter if I am not appointed as Menteri Besar as long as the right to choose are returned to the people," he added.

NST reporters in Ipoh also established that Nizar, as of now, does not have an appointment for an audience with the Sultan of Perak. Even if he soughts one today, he is likely to get the appointment confirmed only tomorrow morning.

However, a Malaysian Insider report, quoting senior PKR official, stated that the Regent of Perak Raja Nazrin Shah has agreed to see Nizar at 8.30am tomorrow.

However, this does not seem to be the case with the palace. NST reporters have found out that while the palace have confirmed receiving Nizar's request for an audience with the Regent, Raja Nazrin has not given the consent that he will grant an audience with the re-instated Menteri Besar although the Ruler has the forbearance to give one at any time of his choosing.

For now, Nizar and his people have to adopt a "wait-and-see" stance.

On March 3, after the "democracy tree" assembly held by Pakatan Rakyat assemblymen, Nizar had submitted a letter to the palace seeking that the Sultan dissolve the assembly can call for fresh state elections. However, Nizar did not get a response.

But with today's court ruling, that letter still stands. It is now a question of whether the palace may communicate a response to Nizar's letter and declare a royal ruling.

Zambry, on the other hand, has indicated through his aides that he will respect the court decision and will vacate his Menteri Besar office at any time soon. Zambry was not present at the court this afternoon.

His aides also indicate that the Exco members will also vacate their respective offices once Zambry does so.

Speaking to reporters later in reacting to the verdict, Zambry said: "I accept the court decision with an open heart and mind. I and my firends will take steps according to the law. I call on all BN supporters and people in Perak to be calm."

In anticipation of a demonstration, police deployed Federal Reserve Unit trucks at the Perak Secretariat in Ipoh.

Perak takeover hasty, says Mahathir

Former PM TDMM says BN had acted hastily in taking over the Perak government and that Rulers cannot dismiss an elected head of government.

But he refused to say whether Zamry's appointment was legal or not because "the matter is best decided by the court".

That's exactly what I have been saying that Nizar is the Perak MB. To me, he is still the MB.

Nizar moves out of MB's residence

IPOH: After the fanfare of the last 17 days, Datuk Seri Mohammad Nizar Jamaluddin moved out of the menteri besar's official residence in Jalan Raja DiHilir yesterday.

He, his wife Datin Seri Fatimah Taat and their seven children moved to a newly-rented bungalow in Sungai Rokam, about 3km from the official residence, at 11.45am.

As they drove out, about 100 members of Pas' Unit Amal shouted Takbir and Allahu Akbar.

Earlier, Nizar said his departure from the official residence was not a sign that he had been defeated by Barisan Nasional, adding that he did so because he respected the law.

"I have not conceded defeat and I urge bloggers and reporters to tell the people that I will come back to the residence once again as the people's menteri besar. My plea to all of you is to tell the world truthfully what had happened since Feb 1," he said, referring to the day when speaker V. Sivakumar declared the state seats of Behrang and Changkat Jering vacant.
He said he would hand over the keys to the official residence to State Secretary Datuk Abdul Rahman Hashim on Feb 27, adding that Pakatan Rakyat would continue to hold meetings at offices of state Pakatan partners.

Reporters and photographers who had followed Nizar to his new home were not allowed to enter the premises.

The official residence had been crowded with hundreds of PR supporters after BN took over the Perak government on Feb 6.

Nizar and PR leaders turned the official residence into an operations centre, where meetings and ceramah were held regularly to chart out survival strategies.