(The Malaysian Insider) - The Federal Court today found that the Court of Appeal was justified to reverse the High Court decision declaring Datuk Seri Mohammad Nizar Jamaluddin the rightful mentri besar of Perak.
This effectively means Pakatan Rakyat has lost in their appeal to reinstate Nizar as Perak MB.
The five-man panel of judges comprised Court of Appeal president Tan Sri Alauddin Mohd Sheriff, Chief Judge of Malaya Tan Sri Arifin Zakaria and Justices Datuk Zulkefli Ahmad Makinuddin, Datuk Mohd Ghazali Mohd Yusoff, and Datuk Abdull Hamid Embong.
The judgement is still being read out in court.
Nizar, 53, had challenged Zambry's appointment and won at the High Court, which noted that there was a loophole in the Perak Constitution to allow for another to be sworn in as mentri besar (MB) when the incumbent had not resigned.
In his decision on May 9 last year, High Court judge Abdul Aziz Rahim ruled that the Sultan was not constitutionally empowered to sack the MB, and that Nizar had always been the lawful head of the state government.
The judge added that the only way for the MB to be dismissed when he refused to resign was through a vote of no-confidence by his peers inside the state legislative assembly.
But the decision was overturned by the Court of Appeal later that month. The appeals court said the High Court judge's reading of the law was wrong and the latter had confused the issue of how the MB had lost the majority confidence with whether the ruler had the power to dismiss the head of government.
Nizar who is the PAS assemblyman for Pasir Panjang was chosen to head the state executive council (exco) after his Islamist party won the groundbreaking March 2008 general elections and formed an alliance with two other federal opposition groups, the secular DAP and popular pro-reform party PKR.
He was ousted 11 months later when four Pakatan Rakyat (PR) assemblymen left the fledgling alliance to swear loyalty to BN.
Bota assemblyman Datuk Nasharuddin Hashim who had earlier crossed from Umno to PKR, rejoined his old party. The assemblymen for Behrang, Jamaluddin Mohd. Radzi; Changkat Jering Osman Jailu; and Jelapang, Hee Yit Foong declared themselves as Independents friendly to the BN.
Their defections meant PR only had the support of 28 representatives in the 59-seat state assembly while the BN had 28 members plus the support of the three Independents.
The Election Commission refused to accept the three resignation letters forwarded by the pro-PR state assembly speaker which would have barred the votes of Jamaluddin, Osman and Hee from being counted.
Nizar was granted an audience with the Sultan of Perak but failed to convince the ruler to dissolve the assembly and pave the way for state-wide elections, ending what he saw as a political impasse.
Instead, the Perak sultan ordered him to resign and subsequently appointed Zambry as Nizar's replacement.
http://themalaysianinsider.com/

written by ibabonma, February 11, 2010 03:08:27
written by justice seeker, February 10, 2010 21:42:12
SO THESE BASTARDS WILL CONTINUE TO PLUNDER.
written by ez24get, February 10, 2010 12:28:31
Quote - However, we would add that this is by no means the end of the matter, as it is always open to the appellant [Nizar] to bring a vote of no confidence against the respondent [Zambry] in the LA [Legislative Assembly] or make a representation to HRH [His Royal Highness the Sultan of Perak] at any time if he thinks that the respondent does not enjoy the support of the majority of the members of the LA,” it said.
2. Hahaha....another rubbish! When Stephen Kalong Ningan case favoured BN then, it was good law. Now that it favoured the opposition, it becomes bad law and now the reverse which favoured BN becomes good law!
Quote - “We have developed our constitutional law in Malaysia to the extent that the case of Stephen Kalong Ningkan vs Tun Abang Haji Openg and Tawi Sli in Sarawak (in which the trial judge ruled that the Governor may dismiss ministers but may not dismiss the chief minister under any circumstances) -- is no longer good law,” he said.
3. Hahahahah.....Now this one is the killer.....the ultimate! It made me laugh until I peed in my pants:
Quote - "Datuk Mohd Hafarizam Harun, who held a watching brief for the Barisan, said: “This is a landmark ruling by the highest court of the land and will definitely be used as a precedent for Commonwealth countries."
It really makes one wonder how a judge and legal officers aligned to BN can agree to make their reputations to a level of clowns just to please their masters. That always come as a result if you elevate just one race to be the tuans. In the end they don't realise the rakyat see them as clowns, not tuans! It is no wonder no non-malays are among the clowns.
written by carlitos, February 10, 2010 10:18:29
written by truthbespoken, February 10, 2010 08:42:46
MT should make it a point on every occasion to parade their faces and let the peoples' court judge whether these useless souls are worth anything other than having the insatiable capacity to time and again summit to the wishes of arrogant and corrupt UMNO!
written by Semuaok, February 10, 2010 07:31:57
1Malaysia = UMNO+Judiciary+PDRM
versus
Rakyat
written by peter, February 10, 2010 06:53:23
It's a kangaroo court and in bolehland kangaroo courts the judges only read the script given to them by the umNO-nazi party.
There is no institution in this bolehland which is untainted. Welcome to Zimbawasia.
written by reeperbahn, February 10, 2010 06:00:04
all for one and one for al,l against the people!
written by Wisdom above, February 10, 2010 05:55:13
Let seek DIVINE intervention from above.
Let's FAST and PRAY for Wisdom, Revelation, and CONVICTION from above to prevail !
written by Fart Fart Wah, February 10, 2010 05:43:20
why do we have to be treated like this by the very people we put in power?????
written by Sunshine1, February 10, 2010 05:34:50
written by harimau, February 10, 2010 05:31:24
It is up to the citizens of Perak and all over the country to show their decion in the next election. New voters registration is more important than ever, even if there is a possibility their names might not be ready to be included in the next electorate list.
written by Susuit, February 10, 2010 04:38:04
umno didahulukan, rakyat di kemudiankan.
written by jokersland, February 10, 2010 03:52:52
“No! How can you make such a statement?” he retorted.
“Have you read your constitution? Carefully?” he pressed the reporter asking the question who replied he had.
Abdul Gani was unsatisfied with the reply however, and called the man “a disgrace” for asking that question.
....................................................................................................................................
Only you and all your cohoots are the real disgrace for making a mockery of the judiciary in the eyes of worlds. I salute the reporter for his professionalism in doing his homework before asking any questions. What is there for any disgrace with this reporter for asking you this question if you really uphold the judiciary ? Only the people who can't give a straight answer are the real disgrace.
written by justice seeker, February 10, 2010 03:18:33
DSAI, PACK YOUR BAGS AND GET READY FOR YOUR SODOMY 2 JAILTIME.
PLS NOMIMATE YOUR SUCCESSOR AND HEIRS AS WELL LAH.
written by imanj, February 10, 2010 02:51:59
What is Pakatan Rakyat thinking,that with some stroke of luck Nizar will miraclously be reinstated?
Don't we know by now how the system works,would the judges risk offending the royal decision?
It all boils down to the manner in how this system works which was handed over on a silver platter by the people themselves. For in the last election we had the people's votes still allowing the present system to stay in power. And then we have the Opposition parties who put out irresponsible unqualified candidates who carry baggage with them,while some jump up and down just cause of a car,others find it necessary to indulge in personal gain! And what of the Sabahans and Sarawakians,ever so loyal votes to the Government each time at an election? Their loyalty has only seen them gain a ' snail's progression '.
And of course the ever so need to expect and depend on defacto leader Anwar Ibrahim. DSAI's release was never an intended release to begin with.The day he was released,he was still walking the prison grounds,except that the air was a tad fresher..The Opposition Party has enough insight to already know that your nemesis is just too powerful. Yet the Opposition has shown they are more than weak. They have shown no credibilty as far as intergrity is concerned,especially if they are adopting ways of their nemesis to kill each other like making police reports,repremanding the wrong people and certainly not firing the right ones before it is too late..!!
So to the people who bother to read MT and are die-hard in wanting a change,why not we the layman walk into the offices of the persons that show more dedication and plead our case to them? Why not present to them the need for them to come clean,make sacrifices and to remind them that it is sincerity and the truth that would gain confidence and a place in the pursuit for change..And it is the people who should convince others that it is their responsibility to ensure this Country's isn't destroyed further and it is the people that should make understand that no amount of tainted riches can be taken along in death.
Our lives presently is what matters most and that is,we are to understand that we could only destroy ourselves if we cannot accept another race and religion to bring this needed change. And that our attitude has to change and the only attitude to adopt is one that is human and comes with all required good attributes to excel...
And for heaven's sakes,the Malaysians has to stop demonstrating uncalled for behaviour and fighting causes that are useless in a protest or vigils.
We need a party that does nothing for Malays,Chinese,Indians and Others..!
Instead we need a party that does something for people,any person,any individual,any child,any old folk, any orphan,any less privileged person,anone that falls under the catergory of a human being..!!!
written by betasigma, February 10, 2010 02:45:42
written by Kacang Tanah, February 10, 2010 02:36:40
" 1Malaysia ............2 Menteri Besar" 1 yang Sah (Nizar) & 1 yang Haram (Zambry)
Bolehland is just like a circus where you have frogs and kangaroo leaping around.
written by alpha1, February 10, 2010 02:35:08




written by JJFoo, February 10, 2010 02:33:12
Despair not on the expected.
Ultimately, it’s the people who are going to be the judge, the government just dug themselves a deeper grave. The verdict is a well serve wake-up call for the opposition and all citizens of Malaysia.
written by orangkampong, February 10, 2010 02:19:07
I am no more convinced Satan is more powerful than God himself, in our rotten country.
I am also out of this country sooner or later,
written by orangkampong, February 10, 2010 02:16:54
So, keep the voters out, use the judiciary to keep in power.
Also wins in the grey haired dementia ruler, who rather keep his Gamuda family happy.
People, this is the start, Anwar’s arse is F**ked- the mamak’s in Penang burn LGE effigy; and predictions of mass defections (pariahs who will sell their wives and daughters for money)
We are screwed Malaysian’s. I am no more convinced Satan is more powerful than God himself, in our rotten country.
written by Ben, February 10, 2010 02:15:17
Father God may your favour and hand be upon the oppressed rakyat of Malaysia. May You silence the critics with Your signs and wonders. May Your justice be swift and absolute as we wait upon You. Amen.
written by MinahManja, February 10, 2010 02:09:08
written by ellyna, February 10, 2010 02:05:31

Our judges should now be addressed as 'Your Dishonour'..
The decision is not surprising at all.
written by IbnAbdHalim, February 10, 2010 01:58:12
written by by2020, February 10, 2010 01:47:31
Malaysia memang boleh!
written by MAMR, February 10, 2010 01:42:11
written by pelukis, February 10, 2010 01:36:00
written by Tohoen, February 10, 2010 01:29:38
Ku Li, you are right indeed. Malaysia practises a sham democracy!!! If I may humbly add to your view, it also practises sham separation of power!!!!!!!!!!!
Another black spot in the Malaysian history.
Let us all good people of Malaysia pray earnestly that God will intervene and rid this nation of the corrupted. It is now up to God to deal with these people. They have been given chances to repent but yet they failed to do so and thinks that they are untouchable. They have continued to submit to their human political masters!!!
Well God we the people of Malaysia now hand over this nation to you to deal with it according to Your justice. May the oppression of the weak, poor, and minority be stopped. May the corrupted be judged by You, Amen!!!
written by Sunshine1, February 10, 2010 01:23:11
written by Sunshine1, February 10, 2010 01:20:46
written by Stupid me, February 10, 2010 01:19:45
written by Pegasus, February 10, 2010 01:07:20
written by by2020, February 10, 2010 01:05:27
written by storm62, February 10, 2010 01:01:43
who needs an election for the people when the in_sultan and court can decide?
written by my oumrie, February 10, 2010 01:01:39
written by durianbesar, February 10, 2010 00:59:47
Now all the investors will move elswhere.... and you guys are fcuked... between a judge in Malaysia and a snake.... Perakians should roll over the Judge.....
There royalty of perak no longer commands the respect of the rightfully voting rakyat. Sold out on the peoples... all is nothing but lip service and bigotry....
shame on you bunch of cronies and arsholes in ruling and running perak....
written by Taikohtai, February 10, 2010 00:59:34
BN is now so desperate that they will buy whatever time they can until GE13 comes around.
All Malaysians should now beware of BN at its rampant best as they loot and gasak whatever they can and then, say bye-bye, catch me if you can!
written by Aduh, February 10, 2010 00:51:31
Pakatan, never despair.. Take it as a challenge. We should be more motivated now to work much harder.
The grand finale is GE 13., which is just round the corner. We will have our turn then toTEACH THEM THE LESSON.
written by gwc, February 10, 2010 00:45:49
written by jokersland, February 10, 2010 00:44:04
This will also set a very serious repercussions in the near future since the court can now interfere in matters of the August House. The Pandora Box is now open. If any party is not satisfied with any Bill passed by Parlimen, they can challenge the Bill in court now. Very soon the court will be flooded with cases from the August House.
written by bambooman, February 10, 2010 00:40:45
....when they c4 the mongolian model....it is also lawful
.....when they murdered teoh beng hock....it is also lawful
.......when they take out jet engines....it is also lawful
........when they stage street protest without police permit....it is also lawful
.
the judges conscience is only to UMNO and no one else!!!!
tiew niamah umno!!!!
written by Obadiyah, February 10, 2010 00:34:27
No wonder all the skilled people are LEAVING by the Hundreds of Thousands !!!
written by eloofk, February 10, 2010 00:33:39
If the ruling lies with the power of the Sultan, then the power of the Speaker of the State Assembly is powerless and any decision of the State Assembly must be refered to him then. The independence and any law enacted in the state assembly must be referred to him then. How then can it be a democratic process?
written by Obadiyah, February 10, 2010 00:33:21
The land full of surprises. Where anything can happen. Anyone can bomb themselves with C4, while jet Engines get sold to Terrorists. No wonder all the skilled people are by the Hundreds of Thousands !!!
Long Live UMNO !!!
Ptooooooooi !
written by Better My, February 10, 2010 00:32:04
The will of the people has been denied.
As Ku Li said yesterday, a sham democracy, including "corrupt" crossover.
The will of the majority of Perkaian will stay stronger than ever.
You can run with technicalities, you can't hide.
We have stopped listerning to you. For Malaysia.


























