Ngeh: Zambry legally not MB

(NST) IPOH: Datuk Seri Dr Zambry Abdul Kadir is not the legal menteri besar until the Court of Appeal overturns the decision of the High Court which declared Datuk Seri Mohammad Nizar as the rightful holder of the post, Perak DAP chairman Datuk Ngeh Koo Ham said yesterday.

He added that a stay order pending appeal did not affect the status of Nizar as the rightful menteri besar.

"The High Court which declared Nizar as continuing to be the rightful MB from the day he was first appointed had ordered on Monday that Zambry must not continue to present himself as MB or act as one.

"Therefore, it is in contempt of court for Zambry to claim that he is still the rightful MB and to issue instructions and make decisions whether as MB or with his exco," Ngeh said in a statement.

He also said the opinion expressed by the Chief Secretary to the Government Tan Sri Mohd Sidek Hassan that action could not be taken by the state government against the state secretary and the state legal adviser was legally flawed.

"The state secretary and the state legal adviser are federal officers appointed by the Public Services Commission and the Judicial and Legal Service Commission respectively.

"However, when they are seconded to and employed by the state government, the state government has the authority over them as their employer."