What next in Perak … on a lazy Malaysian Sunday?
By Sim Kwang Yang
The Appellate Court decision yesterday to restore BN’s Zambry as the Perak Mentri Besar should not have surprised too many informed Malaysians.
We have lived through the constitutional crisis in 1988, when judicial independence was stripped through constitutional amendments rammed through the Parliament by the BN two-third brute majority. We have lived through the Lingam Tape scandal before the 2008 general election. We have seen half-past-six attempt on judicial reform after the 2008 political tsunami. It is judicial business as usual, Malaysia style.
Even if Nizar gets his written judgement, and he appeals to the Federal Court against the decision of the Appellate Court, what do you think the final decision of the Apex court will be? You want to bet, even for a cup of coffee?
The immediate implication of the Appellate Court is quite appalling. It means that the Malay Rulers can now dismiss his Menteri Besar without a vote of no-confidence in the Perak State Assembly. All the Malay Rulers and the Governors of the states can do that. The Agong can now dismiss his Prime Minister in like fashion.
The decision gives the constitutional monarchs executive powers which are not given to them in the nation’s constitution! It changes the nature of Malaysia as a parliamentary democracy and a constitutional monarchy! In one fell swoop, the supremacy and the sovereignty of the people as symbolised by the institution of the elected state assembly has been sabotaged!
At least, I discuss the merits and demerits of the judgment passed by the justices sitting on the Appellate Court in that landmark decision yesterday. I have not embarked on an attack on their persons. I remember vaguely that to attack the person of the judge whose decision you do not like is tantamount to the crime of contempt of court. You can go to jail for it.
