| Ball’s back in Perak Sultan’s court |
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| Written by Administrator |
| Friday, 03 July 2009 09:26 |
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KUALA LUMPUR, May 12 — The spotlight is back on the Perak ruler following a High Court judge’s ruling on the rightful mentri besar yesterday. When Barisan Nasional (BN) wrested power from Pakatan Rakyat (PR) in Perak in February through the defection of three PR assemblymen, Sultan Azlan Shah rejected former state Menteri Besar Datuk Seri Nizar Jamaluddin’s request to dissolve the state assembly and hold a state election. His decision was seen by many Malaysians as legitimising a BN state government that was formed through unethical means, and the ruler came under heavy criticism. Today, with the backing of the High Court decision, Nizar will again go to the palace to repeat his request for fresh elections. Some lawyers argued that the Sultan had overstepped his boundaries by recognising BN’s Datuk Seri Dr Zambry Abdul Kadir as mentri besar after the coalition seized control of Perak. By doing that, he had indirectly “fired” Nizar, which he does not have the power to do. That was how the High Court ruled yesterday. The judge noted that the proper way to remove a mentri besar is to table a motion of no-confidence against him at a state assembly sitting. But the dissolution of the state assembly is a different issue. Without the Sultan’s approval, the state assembly cannot be dissolved. ‘That is the absolute discretion of the Sultan of Perak,’ Prime Minister Datuk Seri Najib Razak told reporters yesterday. However, compared with the situation three months ago, the Sultan will be under more pressure to agree to a dissolution this time. The political impasse in Perak has dragged on for months, with politicians from both BN and PR filing suits and counter-suits challenging the legitimacy of each other’s government. This has paralysed the state government, culminating in ugly scenes at the state assembly sitting five days ago. Among the numerous voices pushing for fresh elections is the Malaysian Bar Council. In a statement yesterday, its president Ragunath Kesavan said it was “time for the people to decide”. If not, he pointed out, the saga would be dragged out with another string of appeals in court. “The issue will go on and on. Each round of legal battles promises finality but fails to deliver it. “Time moves on, and the business of running the state government continues to be sidelined,’ he said. “The answer ultimately does not lie in the courts. The time has come for all concerned to acknowledge the writing on the wall...Let (the politicians) once again seek the mandate of the people,’ he added. It was a view championed by PR politicians yesterday, with opposition leader Anwar Ibrahim saying that “dissolving the assembly will enable the people to choose which government gets their mandate and trust”. That view was also held by BN lawmakers such as Gerakan National Youth deputy chairman Oh Tong Keong. He urged both Nizar and Dr Zambry to advise the Sultan to call for fresh polls. ‘While it is the legal right of an individual to appeal against a decision made by a court of law, prolonging this matter will create the impression that BN is hungry for power, which is not correct,’ he said. Khaw Veon Szu, executive director of Gerakan think-tank Sedar, charged that both BN and PR have wasted precious time and energy on this saga. “This is a political and not a legal problem, and it should be addressed through political avenues,” he said. PR reportedly held a meeting last night to discuss the next step. It said it would give the palace time to come to a decision. It is anyone’s guess how the palace will rule, lawyers told The Straits Times. The ruler has the right to reject Nizar’s proposal again. If he chooses to do so, the political deadlock would persist. But University of Malaya law lecturer Azmi Sharom said it would be “disastrous” for the Perak sultanate. “The Sultan and the crown prince have been championing democracy and civil society for years,” he said. “They can kiss goodbye to whatever credibility they have in the public’s eyes if they don’t dissolve the assembly this time.” — Straits Times
Source: http://www.themalaysianinsider.com/index.php/malaysia/26174-balls-back-in-perak-sultans-court |
| Last Updated on Thursday, 13 August 2009 03:44 |
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