NOV 12 — “Show us any provision in the Perak Constitution empowering the Sultan of Perak to sack Nizar”. That was fundamentally the gist of the submission made by Datuk Seri Nizar Jamaluddin’s legal team in the recently concluded appeal at the Federal Court.
Datuk Zambry Kadir’s lawyers as well as the Attorney-General, in asking the apex court to affirm the decision of the Court of Appeal, submitted that Zambry is the lawful mentri besar (MB) as he was appointed by the Sultan under Article 16 (2) of the Perak Constitution.
Not so soon, replied Nizar’s lawyers. Before Zambry may claim that he is the lawful MB he has to discharge the burden of proving that the office of the MB rightfully held by Nizar was indeed vacant. Alternatively, Zambry has to prove that Nizar was validly or constitutionally sacked by the Sultan.
As rightly pointed out by Harley CJ (Borneo) in Stephen Kalong Ningkan vs Tun Abang Haji Openg and Tawi Sli (1966) 2 MLJ 187, there are two situations where the Governor (or the Sultan as the case may be) may exercise his absolute discretion namely (a) on the issue of the appointment of MB or (b) withholding consent to dissolve the State Assembly. [more]
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