Zambry seeking court intervention
(The Star) – Perak Mentri Besar Datuk Dr Zambry Abdul Kadir has sought a court declaration to make illegal Speaker V. Sivakumar’s suspension of him and six executive councillors from state assembly sittings.
Dr Zambry’s lawyers filed an originating summons at the Ipoh High Court at 3.55pm yesterday and served through Sivakumar’s staff at his office here at 5pm. The case will be heard at High Court 4 this morning.
Dr Zambry told a press conference that he was seeking a declaration that Sivakumar’s decision was unconstitutional and ultra vires the state constitution.
He sought declarations that he and his exco members had the right to attend sittings and that the House was not to be bound by any rules by, or instructions from, the Speaker.
His move: Dr Zambry (seated left) giving a press conference at the State Secretariat in Ipoh Monday to announce he has sought a court declaration. With him are state Barisan Nasional assemblymen, former Mentri Besar Datuk Seri Mohamad Tajol Rosli Ghazali (seated centre), Jamaluddin (standing third from right) and Mohd Osman (fifth from right). “I want to say that any issue, be it the supposed suspension of myself and my exco members or barring us from sittings, is now a court matter,” he added.
“Therefore, whatever action Sivakumar takes can be considered sub judice and contempt of court, if proven guilty.”
Asked whether inviting the court to declare null and void the Speaker’s suspension would infringe the doctrine of separation of powers (where the executive, legislature and judiciary are independent of each other), Dr Zambry said:
“It is not a question of that. Let the court decide that. You should also ask him (Sivakumar) about infringing the rights of the state assemblymen.
“We are working within the parameters (of the law). We have consulted our lawyers. We do not do things at our whims and fancies.”
Earlier, at the Ipoh High Court, Perak DAP chairman Datuk Ngeh Koo Ham confirmed that Sivakumar was served with another originating summons at his office in the morning.
Perak executive councillor Mohd Zahir Abdul Khalid served the originating summons on behalf of three Barisan Nasional-friendly independent assemblymen seeking a court declaration that they were still elected representatives of their constituencies.
They are Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong.
Ngeh told reporters that the three were challenging the Speaker’s decision that they had resigned and that their seats were vacant.
The independents’ case against Sivakumar will be heard on Thursday.
Mohd Zahir also served a notice of misconduct to refer the Speaker to the Rights and Privileges Committee for abuse of power, contempt of the House and disloyalty to the Sultan.
Earlier, Mohd Zahir and two lawyers served notice referring Sivakumar to the Rights and Privileges Committee.
The notice, served to Sivakumar’s political secretary A. Wasu at the Speaker’s office at 11am yesterday, came with a report accusing him of abusing his power to commit contempt of the House by being disloyal to the Sultan of Perak. Mohd Zahir told a press conference that the Speaker was referred to the committee for violating Article 47 of the state constitution following his suspension of Dr Zambry and his six exco members.
The notice comes as an irony as Sivakumar heads the same Rights and Privileges Committee.
