The Malaysian Federal Court Tuesday ruled on the constitutional position of a state chief minister in the event of loss of majority in the legislature and change of government. The apex court said that if a chief minister refused to resign, his office is deemed to have been vacated.
Ending several months of legal and political battle, the court ruled that Zambry Abdul Kader was the rightful mentri besar (chief minister) of Perak state.
The court dismissed the appeal by former chief minister of the opposition alliance Pakatan Rakyat Mohammad Nizar Jamaluddin to reclaim the chief minister's post.
The conflict over who was the rightful mentri besar arose last year after three Pakatan legislators quit their parties to become independent state assembly members. This left the Pakatan and the rival alliance Barisan Nasional that rules at the federal level with 28 members each in the 59-seat Perak legislative assembly.
In the prolonged turmoil that ensued, Jamaluddin refused to resign and the assembly speaker, who belonged to Pakatan, suspended Zambry and the entire cabinet from attending the house for several days.
The bench ruled that the Court of Appeal was right in reversing the High Court ruling restoring Jamaluddin.
It ruled that the vote of no confidence could be determined by other means than from the Perak assembly, Star Online website of the Star said.
The judgment also determined the constitutional issue of whether a head of state can look beyond the legislature to decide if the head of government has lost the confidence of the majority of the elected representatives.
The decision was read out by Chief Judge of Malaya Arifin Zakaria, who sat with Court of Appeal President Alauddin Mohammed Sheriff and Federal Court judges Zulkefli Ahmad Makinudin, Wira Ghazali Mohammed Yusoff and Abdull Hamid Embong.
A federal parliamentary polity, Malaysia has 13 states with their own legislatures. Five of them were wrested by Pakatan that for the first time in March 2008 also registered a strong presence in parliament winning 88 seats.
| By humanrights, 02-09-10, 09:02 AM |
Malaysian court settles issue of chief minister's positionTHE PEOPLES WANTS PAKATAN BUT WERE DENIED BY THE COURT.I SEE THE FEDERAL GOVERNMENT IS ROBBING THE PEOPLES OF PERAK THEIR RIGHTS.BY USING MONIES TO BUY FEW STATE REP TO CROSS OVER. ITS RIDICULOUS.I AM VERY SURE IF RE ELECTION ALLOWED,PAKATAN WILL WIN BACK.PEOPLES POWER AND PEOPLES CHOICE SHOULD BE PRIORTY.RESULTS CANNOT BE DECIDE BY THE COURT FOR THE MALAYSIAN COURT ARE FAMOUS FOR BIAS.EVERYONE KNOWS,THE WORLD KNOWS.HOW THE HELL YOU WANT TO ATTRACT FOREIGN INVESTORS WITH THIS ATTITUDE.GOOD BYE TO YOU MALAYSIA. |
| By Nickhead, 02-09-10, 09:33 AM |
Majority RulesI think is much easier to convince BN candidate to crossover rather than thru legal proceeding. The Rules Of Democracy said |
| By Very Sad, 02-09-10, 10:17 AM |
DecisionDid anyone expect any other result ?
UMNO is currently moving mountains in an attempt to
placate the people of Perak .
Thank you - but I think you are still heading for
a resounding defeat when the rakyat vote again !
Too little - Too late . |
| By zico, 02-09-10, 10:24 AM |
Malaysia's Crooked JudgesOur judges have once again shown that they have no balls and will do the bidding of their government masters. These bastards should resign. Whatever they do it doesn’t really matter because when elections come the government will be thrown out and THEN we’ll get rid of all these cowardly bastards from the courts. |
| By husnulzhon, 02-09-10, 10:32 AM |
judicial precedentso...the next time if someone or somebody wants to be a menteri besar, gather as many mps as you can on your side....then, you are the menteri besar..even if we brought the matter to the court, you are still the menteri besar since that is what had been decided in federal court before....i wonder if the decision will be slightly different if the majority is the opposition party? talking about overruling....... |
| By Anonymous, 02-09-10, 11:04 AM |
F... T.. G........NONSENSE DECISION..... MONEY IS POWER.... CAN BUY JUGDE AND DEMOCRACY...MALAYSIAN C0RRUPTIONS IN POLITICAL DECISION MADE MORE HIGH THEN INDONESIAN OR OTHER COUNTRY..... |
| By humanrights, 02-09-10, 11:23 AM |
Highest AwardsMALAYSIA HAS CAPTURED THE WORLD HIGHEST AWARDS IN FEW CATAGORIES.
1. HIGHEST AWARDS FOR CORRUPTIONS.
2. HIGHEST AWARDS FOR THE WORST DEMOCRATIC RULES
3. HIGHEST AWARDS FOR THE BAD HUMAN RIGHTS.
4. HIGHEST AWARDS FOR BEST RACIAL SLURS.
CONGRATULATIONS TO THE GOVERNMENT OF MALAYSIA FOR THEIR GREAT ACHIEVEMENTS.HOPE YOU RECEIVE MORE AWARDS.
INTERNATIONAL HUMAN RIGHTS GROUP
GENEVA |
| By yannadeh, 02-09-10, 12:16 PM |
Expected result Nothing new - no point wasting people’s money. Every court decision known case.
Dont need any fortune teller to predict case. Not sure how these judges go on living with their conscience? Amazing thing about the judicial system practice in Malaysia from an outsider’s point |
| By Anonymous, 02-09-10, 01:25 PM |
what a shameI am shame to tell that I am Malaysian breed.Corrupted |
| By abi, 02-09-10, 02:02 PM |
Compliant Malaysian JudiciaryThe decision of the apex court clearly proves that it is no longer independent but compliant. It’s a sad day for Malaysia. The Bn cannot hold on to power in Perak in the next general election. The people re going to throw it out for sure.
Abi |
| By peacemaker, 02-09-10, 02:40 PM |
PM WITH 2 HEADSTHE RECENT COURT CASE ISSUES REGARDING THE USE OF ALLAH WORD BY THE CHRISTIENS ,THE COURT RULE IN FAVOUR OF THE CHRISTIEN GROUP. PRIME MINISTER NAJIB DID NOT ASK HIS FELLOWMEN TO ABIDE THE COURT DECISIONS.INSTEAD ALLOW PROTEST.
THIS TIME WHEN THE COURT RULE IN FAVOUR OF HIS PARTY BN, HE ASK THE PEOPLES TO ABIDE THE COURT DECISIONS.
THE ONLY PRIME MINISTER IN THIS WORLD WITH 2 HEADS. |
| By guna otak la, 02-09-10, 07:03 PM |
siapa yg biasbila mahkamah memihak pada pakatan..ooo justice have been served...kalau tidak ooo...mmg mahkamah dari dulu bias..x adil..etc..kalau dah rasa hidup di malaysia ni tertekan ke..tak aman ke..apalagi tunggu..pegi la mintak kerakyatan myanmar ke..indonesia ke..india ke..china ke dimana la kamu semua rasa aman dan adil...ungrateful idiots.. |
| By Yus, 02-10-10, 12:26 AM |
siape lagikalau mahkamah memihak pada Pakatan..oooo ...anjing2 UMNO mogok lagi...selalu buat kacau aje..cam babi hutan mengamuk..kalau u ade hak..bolih lah suruh orang ke ..india..le ke china..le..makhang puki le/ hang mat rempit je..pukimak hang
UMNO stand for Unstable Malay No Otak |
| By Very Sad, 02-10-10, 12:35 AM |
UMNOIt stands for -
U Must Not Object !
For Justice let the rakyat decide - not the Sultan
or the Courts ! |
| By Yus, 02-10-10, 12:38 AM |
Nak Tambah lagiKalau bukan rasuah dari Govt Funds,hang gat bklih ke luar negri ke.Rasuah aje family hang pandai.Melayu Haram.Tak guna..ungrateful idiots.. |
| By joke, 02-10-10, 12:58 AM |
rubbishBN is Fool.....Ruler |
| By Rajah, 02-10-10, 01:56 AM |
Phew It stinksTypical corrupted pro government judges that eats the faeces of the BN government to kissing their hiney to the extreme. Dang judges are all UMNO ball lickers. |
| By Sultan of Swing, 02-10-10, 03:25 AM |
Birds of a featherGovt, appointed judges, incalcitrant royalties, UMNO, BN, clowns, crooks, robbers, all comes from the same pile of rotten political ideology of the present regime. |
| By guna otak la, 02-10-10, 03:36 AM |
puas la ati hangyus...harap hang puas hati...kerana bangsa lain hang maki aku...kerana bangsa lain hang maki arwah mak aku..kerana bangsa lain hang kata bangsa hang macam anjing macam babi hutan.. |
| By Yus, 02-10-10, 03:42 AM |
Bukan soal BangsaNi bukan soal bangsa..ni soal mentaliti melayu cam hang. |
| By Nickhead, 02-10-10, 04:22 AM |
Democracy RulesThe majority rules, this is the games of Democracy. |
