Dissolve the Perak state assembly
Tengku Razaleigh Hamzah
On Feb 7, I wrote that a shameful scene was unfolding in Perak and maintained that despite the “takeover” of the state government by Barisan:
according to the Constitution, Datuk Seri Nizar Jamaluddin is Menteri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the assembly. The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority.
Today, after three months and yet more shameful scenes, the High Court affirmed the same elementary principle, and held that Datuk Seri Nizar has been and remains the Menteri Besar. As Justice Abdul Aziz Abd Rahim put it: “He is, and was, at all material times the chief minister of Perak.” The High Court also ordered Datuk Seri Zambry Abdul Kadir and his executive officers to vacate their offices, and rejected an application from Zambry for a stay of proceedings pending an appeal.
The High Court has thereby affirmed the primacy of the Constitution.
This judgement brings to a head some of the consequences of our constitutional misadventure in Perak.
