Zambry seeks quicker end to MB issue

Hafiz Yatim | Apr 22, 09 7:23pm

It seems Zambry Abdul Kadir wants a quicker way to the resolution of the present political crisis in Perak. He has filed an application to bring the matter directly to the apex court for it to declare him to be the rightful Perak menteri besar. MCPX Zambry filed a notice of motion to the federal court yesterday to seek several matters of interpretation. It is learnt the matter has been fixed before the apex court on Tuesday. He filed the application through the law firm of Zul Rafique and Partners. He named ousted menteri besar, Mohd Nizar Jamaluddin in his application and wants the Federal Court's intervention to interpret: (a) Whether Sultan Azlan Shah has the right not to accede to Mohd Nizar's request for the dissolution of the Perak assembly, when he (Mohd Nizar) ceased to command the confidence of the majority of the assembly; (b) When the sultan declines to accede to Mohd Nizar's request, whether it constitute to his (Mohd Nizar) resignation and that of his state exco members; and (c) Whether when Mohd Nizar refused to tender his resignation, his majesty had the right to appoint Zambry pursuant to Article 16(2) of the Perak constitution after the sultan is satisfied that he (Zambry) commands the confidence of the assembly. Political impasse in Perak And if the apex court agrees that the answers to the above are in the affirmative, he is seeking a declaration by the Federal Court that the applicant (Zambry) was duly appointed the menteri besar on Feb 6, 2009. He is also seeking costs and other relief deemed necessary for the application. Zambry in his affidavit in support of his application to the apex court claimed that the matter before the court concerns interpretation of Article 16(2) and Article 16(6) of the Perak constitution involving the removal and appointment of a menteri besar. He wants the Federal Court to use its inherent jurisdiction to determine the questions of law that he had posed above. Zambry also claimed that the case was of public importance and that a decision by the Federal Court would help resolve the present political impasse in Perak and resulted in the Perak legislative assembly not being able to convene. Mohd Nizar filed an application for a judicial review on Feb 13, in challenging Zambry's appointment and sought several declarations pertaining to the interpretation of Article 16(6) of the Perak Constitution. In his application, Mohd Nizar claimed to be the rightful Perak menteri besar on the grounds that there was no dissolution of the state legislature, no motion of no-confidence was taken in the house against him and he did not resign from the post. He also issued a writ of quo warranto asking Zambry to show cause by what authority he was occupying the post of menteri besar. The case is slated for hearing tomorrow for an intervener application from the Attorney-General's chambers. However, with this application it is not known whether it could be heard. Malaysiakini