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ADAKAH SAH DI SISI UNDANG-UNDANG TINDAK TANDUK MB SERTA EXCO HARAM PERAK

For the convenience of the readers, we have included three reports and interviews by the staff of sun2surf, The Malaysian Insider and MP cum blogger Jeff Ooi as to the legality of Zambry deeds and actions as for example, signing official documents, whilst "acting" and "usurping" as the Menteri Besar Of Perak.

The issue is real and was brought up by the Perak Chinese Chamber of Commerce and Industry president Datuk Lim Kok Cheong , who is also the deputy president of the Associated Chinese Chambers of Commerce and Industry.



Nizar was declared the rightful mentri besar by the Kuala Lumpur High Court on Monday.

On Monday, High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim had granted a declaratory relief to Nizar that he is still and was mentri besar at all material times.

The court, which issued a declaratory relief that Datuk Seri Dr Zambry Abd Kadir had no right to occupy the office of Perak Mentri Besar, also ordered him to show cause and give information under what policy, power or authority he allegedly held office and exercised the responsibilities, functions and duties as mentri besar.

Perak crisis: Stay of execution granted
Nizar: I am still MB

By Shannon Teoh

IPOH, May 12 - Perak continues to be in a state of confusion as Pakatan Rakyat's (PR) Datuk Seri Nizar Jamaluddin maintained today he was still the legitimate mentri besar despite a Court of Appeal decision this morning which granted a stay on a High Court declaration yesterday.

While stating that the stay of execution raised more questions than answers, Nizar suggested that the only logical conclusion was that he was still mentri besar.

Barisan Nasional's (BN) Datuk Seri Zambry Abd Kadir had earlier claimed he was now the rightful MB after the court had granted him a stay pending his appeal on the decision by the High Court yesterday that Nizar was and is the MB.

But at a press conference this evening with two lawyers, Nizar's counsel Leong Cheok Keng and one of his state executive councillors Thomas Su, Nizar insisted that despite the stay, his government was still legitimate.

Su had said that while PR accepted the decision of the Court of Appeal, they were unsure as to what it really meant.

But Nizar reasoned that as the stay did not mean that Zambry had been affirmed as MB nor was it possible for there to be no MB, the only option left was that he remained the rightful mentri besar.

"Since I was sworn in on March 12, 2008, I have been the mentri besar until now," Nizar said.

"The High Court ruling was not an order to act which can be stopped by staying it. It is not like paying damages where you can halt the payment until a decision has been made," explained Leong.

"This is a declaration that Nizar has been the legitimate MB all this while. How can you temporarily vacate him from office?" he added.

Leong also said that he has never come across a stay of execution over a declaration, something which High Court Judge Datuk Abdul Aziz Abdul Rahim had also expressed after delivering his verdict yesterday.

"It is impossible not to have a mentri besar at any point of time. There cannot be a gap," Nizar added.

Su insisted that Zambry could not be MB as the stay did not overturn the High Court's ruling, and hence, this meant that Nizar was still the mentri besar.

The Malaysian Insider
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Poser: Are documents signed by Zambry the last two months legal?
by Kong See Hoh

KUALA LUMPUR: (May 12, 2009) : Are all documents signed by Datuk Dr Zambry Abdul Kadir during the last two months when BN was governing Perak legal?

Raising the poser yesterday was Perak Chinese Chamber of Commerce and Industry president Datuk Lim Kok Cheong in the light of the High Court declarion yesterday that Datuk Seri Mohammad Nizar Jamaluddin is Perak's rightful Mentri Besar.

"Zambry can appeal the court decision but while pending a decision on the appeal, can Nizar and his exco members perform their official duties?" he asked.

He said questions such as this will crop up which may lead to more court cases, which cannot be resolved by dissolving the state assembly, he said.

Speaking to Sin Chew Daily after the High Court in Kuala Lumpur ruled yesterday that Datuk Seri Mohammad Nizar Jamaluddin is the rightful Perak Mentri Besar, Lim said Pakatan Rakyat (PR) and Barisan Nasional (BN) should sit down to talk about how they can cooperate to improve the state's economy.

Lim, who is also the deputy president of the Associated Chinese Chambers of Commerce and Industry, said since Prime Minister Datuk Seri Najib Abdul Razak has stated BN is willing to cooperate with PR, the two sides should leave their political tussle to the next general election and focus their energy and attention on improving the state's economy now.

-----------------------------------------------------------------------------------------------
Zambry back as MB

S. Tamarai Chelvi and Giam Say Khoon


PUTRAJAYA (MAy 12, 2009) : Datuk Seri Mohammad Nizar Jamaluddin clocked in as the Mentri Besar of Perak this morning following a High Court order declaring him the rightful chief executive of the state, but by afternoon, the seat went back to Datuk Dr Zambry Abdul Kadir.


This is because the Court of Appeal today granted an urgent application by Barisan Nasional mentri besar Zambry for a stay of execution of the High Court order made on Monday afternoon that Pakatan Rakyat's Mohammad Nizar is the rightful Mentri Besar, pending an appeal of the decision.

This means Nizar's position is now back to his position before 3.30pm on Monday, when the High Court decision was delivered.

In granting the stay of High Court judge Datuk Abdul Aziz Abdul Rahim's order, Justice Datuk Ramli Ali said the case is unique as it does not only involve Nizar and Zambry alone, but the whole state.

He said the court has the jurisdiction to grant a stay order on declaratory orders.

"The court is satisfied that there are special circumstances in this case. Stay is granted," said Ramli, adding that the court will fix an early date to hear Zambry's appeal.

After the decision, Nizar's lawyer, Sulaiman Abdullah, asked whether the judge will be imposing any terms (conditions) but the judge said he would not.

Lawyer Ranjit Singh, who also represents Nizar, said they will file an application to set aside the stay order, before a panel of three judges of Court of Appeal, on an urgency basis.

Earlier, Sulaiman said "the best solution for this problem" is to fix an early date to hear the appeal.

He said Zambry should have gone back to the High Court for a stay order as in earlier attempts in the case, the Federal Court had ordered the case to go back to the High Court.

(On Monday, the High Court judge had asked the lawyers to put in written application for him to hear.)

Zambry's lawyer Datuk Cecil Abraham earlier told the court that if a stay is not granted, the "status quo" will be changed pending the appeal. He said if the Court of Appeal does not grant a stay, a dissolution can take place for fresh election.

Attorney-General Tan Sri Abdul Gani Patail, who is an intervenor in the case, said if Nizar is asking for a dissolution of the assembly now, it has to be due to loss of confidence of the majority.

"If he goes to back to the State Legislative Assembly, what will happen? Thirty Barisan Nasional supporters will say we don't support you," said Gani, adding that Nizar will be asking for a dissolution. "Either way, If the Sultan of Perak says 'No', he has to go back to the Assembly."

Gani said the matter has to be settled "once and for all" and that the state cannot have changes "like flips of a coin" every few months.

> Zambry's response:

Zambry told reporters at the Umno headquarters in Ipoh he would continue his job as the Mentri Besar until the legal process is completed.

"It may look messy for the people but it was Mohammad Nizar who challenged my status as the MB. I hope the people can understand as I understand the public views but this is a legal process we must respect."

Zambry said BN has abided by the law and vacated the MB's office once the High Court made its decision,

"For me (after the High Court's decision on Monday), I did not go to the office or seek an audience with the Ruler although we (including the executive councillors) were invited to the palace to attend the investiture ceremony in Kuala Kangsar and I had ordered all to leave the office."

Asked for his opinion on Mohammad Nizar's official request to seek an audience with the Ruler, which was sent this morning, Zambry said when the Court decides, whatever happened before that was no longer valid.


On the status of the state assembly sitting on May 7, which was branded by Perak DAP chairman Datuk Ngeh Koo Ham as illegal, Zambry said the opposition could call him the illegitimate MB but the right to call for a sitting lies with the Ruler, not with the Mentri Besar.

Asked if BN will call for an emergency sitting to pass a motion of no-confidence against Mohammad Nizar, Zambry said it was premature to talk about this.

Zambry has also lifted Nizar's order to suspend State Secretary Datuk Abdul Rahman Hashim and state legal adviser Datuk Ahmad Kamal Shahid.

> Nizar's response:

"Whatever court action, we need to sincerely stop the impasse. The only remedial action that can stop this impasse is a dissolution of the assembly."

Mohammad Nizar reached his office with his executive councillors, which was heavily guarded by the Federal Reserved Unit at 7.30am, and left 20 minutes later for Kuala Kangsar to attend the investiture ceremony at the palace.

He returned to the state secretariat around 1.30pm and vacated his office at 2.35pm.

Earlier, Ngeh, who represented Mohammad Nizar to hold a press conference at the MB office, said while the legal process can go up to the Federal Court, such a prolonged impasse will not do any good for the people and the best solution is to hold fresh elections.
=====================================================================================

So, what does the 'stay of execution' order mean when the Court did not fix the date for hearing of Zambry's appeal over yesterday's High Court ruling?

Or rather, what doesn't the court order mean in terms of implications?

* It doesn't mean that the Court of Appeal has overturned the High Court's ruling yesterday that Nizar is, and was, the rightful MB at all material time.
* It doesn't mean that Nizar has exhausted his options, including his right to appeal to a three-man bench of the Court of Appeal to set aside this court’s stay order.
* It doesn't mean that the Sultan cannot consent to Nizar's request to dissolve the state assembly to call for fresh state-wide election.
* It doesn't mean that the decision of the Court of Appeal is final recourse for Nizar and/or Zambry. The Federal Court awaits.


On the other hand, the decision made by the Court of Appeal may create another miscarriage of natural justice:

1. The stay order will allow the “person found by the High Court to be the usurper" of authority to continue his office.
2. The stay order will enable Zambry to initiate a motion of no-confidence against Nizar and the court can later say the case is academic as Nizar is no longer mentri besar.

From ScreenShot Jeff Ooi

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