
If one is to take a neutral stand being apolitical, I am inclined to agree with the decision particularly at the interpretation on Article 16(6) of the Perak Constitution. When CJ Malaya Ariffin Zakaria read out the judgment of the court, after about 5 minutes any sensible person could had figured out that the decision will be in favour of Zambry. When I heard that in court, I suspected part the judgment very much of a ‘cut-and-paste’ from the Court of Appeal decision by J. Raus and J. Zainon Ali. Nonetheless, with this decision, it may well set a precedent that in future any defection of assemblymen in other states could form a government so long as the Sultan agrees, thus making the vote of confidence in the Legislative Assembly unnecessary. However J. Ariffin did mentioned that: “However, we would add that this is by no means the end of the matter, as it is always open to the appellant (Nizar) to bring a vote of no confidence against the respondent (Zambry) in the Legislative Assembly or make a representation to His Royal Highness the Sultan of Perak at any time if he thinks that the respondent does not enjoy the support of the majority of the members of the Assembly”. (I am unsure whether he meant the current position or if there is any defection back to Pakatan).
According to a lawyer friend, such decision will also implies that the monarchy plays a role in the administration of the country which is not a healthy democracy practice. It is also reported that Nizar is alleging the court allows absolute monarchy system in the country. This I may beg to dissent, although enjoy a wide discretion in certain political matters, a Sultan is a constitutional and not an absolutist monarch. HRH roles are defined and limited by the law, which is why HRH must give his assent and let the courts decide on any question of constitutionality. This is explicitly stated under section 1(2) of Part I of the Eighth Schedule of the Federal Constitution and provisions of the State Constitution where the Ruler is allowed to exercise personal judgment in withholding of consent to a request for the dissolution of the Assembly and appointment of MB.
Perhaps there is an urgent need to legislate laws specifically pertaining to the same or an Anti-Hopping Act.









































Recent Comments