All decisions by Zambry have no legal effect, says lawyer
(The Star) PETALING JAYA: All decisions or actions made by Datuk Seri Dr Zambry Abd Kadir as a mentri besar have no legal effect now following the High Court ruling that Datuk Seri Mohammed Nizar Jamaluddin is the legitimate Perak Mentri Besar, lawyer Malik Imtiaz Sarwar said.
This, he said, was based on the court decision that Perak had only one MB in Nizar, said Malik.
“In my view, Zambry was never MB. He had no power to act as MB because Nizar had always been the rightful one,” said Malik, who is also the National Human Rights Society president.
Thus, last week’s state assembly sitting had no legal provision at all since it was not called by the legitimate MB, he said.
Malik, however, pointed out that the situation remained messy.
Barisan Nasional, he said, could assert that they have the numbers in the state assembly and thus move a motion of no-confidence.
“But V. Sivakumar, the “rightful” Speaker as last week’s sitting had no legal basis, could dismiss the motion,” he said.
Should a protracted legal battle continue between Barisan and Pakatan Rakyat, Malik said “the real losers are the people of Perak” because the state would be paralysed by such a crisis.
The situation now was that Barisan controlled the state assembly but the MB was from the Opposition, he said adding that: “It would be best if a fresh election is held,” he added.
Bar Council chairman Ragunath Kesavan said there was no point in both Barisan and Pakatan going to the courts on legal battles when the answer did not lie in the courts but in the hands of the people where it rightly belongs.
He said Dr Zambry would appeal yesterday’s High Court decision to the Court of Appeal and the loser would then appeal to the Federal Court.
“The issue will go on and on. Each round of legal battles promises finality but fails to deliver it. Time moves on but the business of running the state government continues to be sidelined,” he said in a statement yesterday.
