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Malaysia

Zambry is MB, rules court
 

UPDATED

By Neville Spykerman

PUTRAJAYA, May 22 - The Court of Appeal today returned a unanimous decision that Barisan Nasional's Datuk Zambry Abd Kadir is the rightful Perak mentri besar, ruling that his Pakatan Rakyat rival Datuk Seri Mohammad Nizar Jamaluddinn had ceased to command the majority in the Perak state assembly.

The judges also ruled that the Sultan was right in appointing Zambry the MB and that there was no need for a vote of no confidence in the House against Nizar.

The three-member Bench comprising Justices Md Raus Shariff, Zainun Ali and Ahmad Maarop delivered judgment after hearing submissions from both parties yesterday.

"It is clear the respondent (the state opposition leader) had ceased to command confidence of the Perak state assembly. The Sultan was right to appoint Zambry," Md Raus said.

However, the Court of Appeal decision is not expected to bring an end to the crisis in Perak as the parties can still appeal to the Federal Court.

This afternoon, security at the Court of Appeal was tight with police taking extra precautions in allowing people into the courtroom.

Nizar's counsel Sulaiman Abdullah said he would be filing an appeal.

Md Raus said he had attempted to write the judgement last night but failed.

He assured Suleiman they would have one within a week.

Later when asked if he was shocked at the court’s decision Sulaiman said “We have extraordinary judges in Malaysia with extraordinary abilities”.

He added there was no automatic right of appeal to the Federal Court. Permission to appeal must be obtained from the Court of Appeal.

“We are disappointed but not surprised at the decision.” said former PR Perak executive council member Nga Kor Ming.

He said although they may have lost the legal battle but they had won the hearts of people. “The people will judge the judgement.”

He added the courts were not the best way to solve the crisis and itis better to let the people decide.

Meanwhile BN lawyer Firoz Hussein said there was no need for fresh elections in Perak. “To us it’s already academic because the court has affirm the Perak ruler was right when he withheld consent to dissolve.”

Hundreds of PR supporters gathered briefly outside the court complex after the ruling was pronounced, and shouted slogans to back Nizar, including chanting “Refomasi” and “Bubar DUN”.

Neither Nizar nor Zambry were present in court today.

The DAP's Lim Kit Siang, who was present in court, said today's decision could spark more unhappiness with the administration of Datuk Seri Najib Razak.

Najib is seen as the man who engineered the Perak power grab in February that plunged the state into a constitutional crisis.

Lim said the best solution remains the dissolution of the state assembly to pave the way for fresh elections.

Meanwhile, Bar Council president Ragunath Kesavan said the decision seemed to suggest that rulers have more power than what is stated in the constitution.

"This would be a huge burden for the rulers in future situations because they can no longer say that the decision should go to the state assembly," he explained.

Ragunath added that the decision did not resolve the constitutional issues involved in the Perak fiasco and echoed popular sentiment that it would be best to bring the matter back to the people for a fresh mandate.

Yesterday Nizar had also said he wanted fresh elections whatever the court decision today was.

Last week the Kuala Lumpur High Court had ruled that Nizar was the rightful mentri besar because according to the state constitution the only way to remove an MB was through a vote of no confidence in the legislature.

The Sultan, the court ruled, could not dismiss a state's chief executive.

The Court of Appeal disagreed today, and accepted Zambry's argument that Nizar had already lost the support of a majority of the assembly when he went to seek the Sultan's consent for the legislature to be dissolved.

Md Raus who delivered the grounds said Nizar had sought the dissolution under article 16(6) of the Perak constitution and not article 36(2) as argued by his lawyers.

Article 36(2) is generally used to call for elections after an end of term and the question of resignations does not arise.

However under article 16 (6) the Ruler has the discretion to refuse to dissolve the assembly and Nizar must resign along with his state executive council members.

The court ruled there was no legal requirement for a vote of no confidence to be takes against Nizar  and the Ssultan could looks at other means to determine if he has lost the support of his fellow lawmakers.

In this case the Sultan was right to speak to the three independent and 28 BN lawmakers  and it is was clear Nizar had lost the support of the majority in the House.

He added that the High Court judge had wrongly interpreted the Perak constitution.


Comments (96)
written by Gerald Heng Sr.Esq, July 13, 2009
If you refer to the Commentaries made by Retired Judge NH Chan of the Court of Appeals,it is chear that the language of the State of Perak Constitution actually leave the Sultan of Perak no Discretion but allow a no confidence vote before he dismissed the Chief Minister [MB] and if the Legislature is dismissed or disassembled,fresh elections should take place,its a Constitutional Monarchy in Malaysia and the constituent states like Perak.Its too sad and tragic that the Sultan Raja Azlan Shah was himself a Lord President of the de Laws before he ascended throne after Sultan Yussuf.By the BN's menteri besar being put back in power the Judiciary has been or became tainted with politics of Putrajaya instead of Rakyat-jaya !Why is UMNO BN afraid of elections ? because they will lose big !The Back Room Deals are just that back-door politics if you can't win free clean and clear !Don't forget Malaysia/Singapore received the Common Law System of Justice from Britain and its reception into USA make the Malaysian System of Law and Justice Anglo-American as applied in practice.


GCWHeng-Tuah
Greater Boston/MA/USA
B.sc[Hons] ,King's London LLB, Doctor of Jurisprudence.
ABA ATLA
written by Gentlemen, May 24, 2009
So we expect the trio judges would be promoted soon, that is 'Malaysia Corrupt' and BN's culture...
written by ipohfolk, May 23, 2009
Well, tis is what we have predicted, Firstly the Appeal Court/kangaroo court gave zamry the special treatment and secondly B/end dare to sworned in Councilor even before the verdict. The mamak knew the answer, tis is power and money speaks. Ha, even ex-gangster head has become b/end councilor, I saw his face on the TV.
written by Human, May 23, 2009
How come the sultan can have anything to do with the politic of the country. If he can have a say, I also can have a say, for we are all protected under human right. Above clearly indicated that there is a conspiracy among UMNO, Sultan of Peraks, PM and many Malays to bring down the country.
written by L T, May 23, 2009
BN have to GO. They are throwing Malaysia backwards for their sake of power.
written by pak warisan, May 23, 2009
For the rakyat who understand the mechanics of law and constitution, the verdict of the Appeal Court was EXPECTED. Facts of law can not lie, and the judges had no other choice but to decide 'in line' with the facts of law.

Only PAS, DAP and PKR had twisted facts of laws around, in futile attempt to hold on to power.

written by Pak Jago, May 23, 2009
Melayu BN muda lupa. Rakyat Perak takkan lupa. Rakyat sabar menunggu PR 13 nanti. Keputusan Makamah Rakyat akan kecewakan BN.
written by rambo, May 23, 2009
Wah!! The court of appeal can easily overturn the judgement verdict made by the high Court.
So, what's the point of having the High Court. Better close shop.
written by Lawless, May 23, 2009
Three Judges are more knowledgeable than One High Court Judge.Now we are practicing majority rules concept! Forget about those legal interpretation.....Three Stooges are better than anyone!!!
written by SERIOUSLY, May 23, 2009
We the rakyat are not stupid like you think. We can tell whether justice was fairly administered or not.....Nice try UMNO with your stupendous effort to mock the constitution for your own benefits. UMNO should try next to suspend the constitution as it has no respect for it anymore. With the extraordinary judgments by extraordinary judges yesterday, we are moving from constitutional monarchy to absolute monarchy and feudalistic states soon. Perak should be renamed as Royal Kingdom of Perak Darul Ridzuan.
written by mamacarey, May 23, 2009
88 said that Nizar had lost the majority, if Nizar had lost the majority then the Bukit Gantang people would not have chosen him. What say you? You are an idiot, we know it's the 3 katak that caused the commotion. If you are really brave enough, man enough, let the Perakians decide and we'll see if Nizar did not get the mandate, then you can talk big. Hear me.
written by sissygirl, May 23, 2009
What about Md Raus judgement? The High
Court judge produced a detailed 70 page judgement in support of his decision. Court of Appeal judge passes his judgement without a written one. Interesting to find out what exactly he will say that can convince the voter that BN is their ``rightful'' government.
The court of public judgement should be the deciding factor, not a kangaroo court. You can't be a people's prime minister if vox populi is not heeded.
written by ellesse A, May 23, 2009
For me this decision was expected not for the grounds that most above stated. And I know again that MI will rate my comments as lowly rated because of the contrarian views.

As I have written earlier, the issue is fairly simple. If MB looses the majority, he must resign. This is the crux of the perak constitution which is similar in all liberal democracies. If MB doesn’t resign, it must be read that he automatically resigned. It cannot be interpreted otherwise because it can result in an MB being in office despite the assembly passing a vote of no confidence. It will be chaotic to wait for MB to tender. This cannot be intended by the framers of constitution. Thus if MB looses the majority he automatically cannot be an MB.

The question now is how do you determine majority? One is by vote in the assembly. This follows stephen kalong ningkan's view. But what if you go to the sultan and ask for dissolution because you have lost the majority. Sultan must by the letter and rule of law take note of this and the provision in the perak constitution. He asked all the MPs and has personal knowledge that Nizar had actually lost the majority. By this Nizar should have done the honorable thing to resign. He did not. In any event he did not have to tender because under the perak constitution he is automatically deemed no longer an MB. The Sultan need not fire him as evidenced in his proclamation statement. He was wise. He followed the letter and rule of law properly. He did not err.

Nizar knows he made the mistake. That is why he had to say in the courts that he didn’t know he lost the majority because he has not read the papers nor watched the TV nor had sivakumar informed him. While the public knows he has lost the majority, apparently he didn’t. Then he came up with a hung parliament argument as an afterthought for the case. As I can recall it was never argued before the case in the public.

Nizar and Pakatan rakyat knows that the law is not on all fours for them. There are case laws not only in Malaysia but the commonwealth countries to support the manner the Sultan exercised his discretion. There is no necessity for any legal gymnastics. A first year law students would easily know that there are cases other than Ningkan’s. But what is regrettable is despite this they drag the public to believe otherwise and brought everyone else into disrepute. In the process the EC, the civil servants, the courts, the mufti and most regrettable the Sultan was wronged by this event. This mislead to my mind is contemptuous.

Sultan did no wrong but was falsely accused. He was fair but was chastised. He exercised the only few discretion allowed judiciously but now people are saying there is absolute monarchy. PR again is blaming all but themselves. This is a politic with no limits.

Nizar and PR must stop this game. Nizar of all person should apologise to the Sultan for this wronged. He knows as a good muslim he must seek forgiveness. If not he’s just another politician.


written by BusukNajiz, May 23, 2009
ainted Judiciary confirmed !!! Is now up to Rakyat to reject the crooked UMNO BN !!!

UMNO hv full control over the judiciary with ex-UMNO lawyer Zaki Azmi as the CJ !!!
UMNO CJ Zaki Azmi is expected to influence any upcoming ruling.
- Acquittance of Altantuya murderer Abdul Razak Baginda & his master Najiz !!!
- The murder of Kugan
Under political influence, Court of Appeal had already showing bias ruling !!!
BN appeal case ruled in 2 hours by 1 judge while PR case held for 5 days + postponed another 3 more days !!!
Ultimately, Federal Supreme Court would overturn any Court rulings that favour PR !!!

It will be a real test for Malaysian Judiciary when more Courts drama unfold.

---------------------------------------------------------------------------------------------
[Shocking News : BN snatch RM12 billion over PKFZ] http://www.straitstimes.com/Breaking+News/SE+Asia/Story/STIStory_373458.html
written by Pinky, May 23, 2009
Cannot wait the next election... want to see the BN lose~~
written by isa rahim, May 23, 2009
The courts can argue the finer points in the Perak constitution.

The key illegality REMAINS the EC's self-appointed and illegal constitutional role in refusing the Speaker of the Perak Assembly's constitutional right to accept the resignations of the 3 frogs.

EC never had and should never have such a constutitional role.

The 3 frogs, by the laws of this country, by the laws of Perak, *had* resigned. Hence, by-elections should have been called.

It's this very issue which constitutes the illegal power grab in Perak.

Let's not let technicalies regarding the sacking and appointment of MBs divert attention from this FAR MORE SERIOUS issue.
written by Rampage, May 23, 2009
Are they saying that any state assemblyman or any parliamentarian who gather in a mamak stall can decide that the MB or PM has cease majority confidence by simply discussing among each other in a mamak stall and then submit their notification to the Agung or Sultan?

So if that is the case, is it correct to put forth that in the event Anwar Ibrahim has got the majority, would he be able to form a new government by just presenting it to the Agung directly without passing any motion in the parliament? Would it then be correct to say that the Agung can remove the PM just by having an audience with Anwar and the rest of other MP who is no longer in support of BN?

By the way, how on earth are we going to determine whether or not that any particular MB or PM has ceased the majority confidence if they do not vote it in the assembly?

If that is the case, any state assemblyman or parliamentarian would be able to support or against the government of the day by just simply doing it in any mamak stall, 7-Eleven, pasar malam or even probably via SMS.

I am puzzle? Can somebody enlighten me on this?

written by amoker, May 23, 2009
Keluhuran perlembagaan, kedaulatan undang undang

Rubbish... i puke at Umno who spits at the rule of law.
written by straightvoice, May 23, 2009
this is the problem when the judiciary and the executive are not separated.
who will judge the judges?
as far as in malaysia is concern, the democratic process has loss its meaning, the constitution is just a piece of paper and means nothing, the assembly is just a meeting hall....
absolutely disgusted, disillusioned, disappointed, revolting, sick, nauseating, abhorring.....
written by Zidane, May 23, 2009
Who is this dato hampasrizam, Umno legal adviser? What is his contribution that gave him datukship at such young age? Must be Tg adnan's appointee to act as a bridge between UMNO-ruler-judiciary
written by Johan SSM @ Khun Pana, May 23, 2009
The court can rule in favour or not in favour to Nizar.
Most important is , are the people satisfied with the court's decision?
That zambri is still illegal from the public's point of view.
Even if that is the court's decision but zambri is still a bastard. When the public say it is such then it is so.
What will zambri do now? Call for an election as demanded by the public or holds on as long as possible as an illegal but legalized CM?
Is that sultan proud to have such CM?
They failed to realize that the state belongs to the people .

written by rontan, May 23, 2009
Perakians please dont forget what has happened to your state now in the next GE-it is far away but come 2013,I am sure you will remember and vote accordingly-they say malaysians' memory is short but i bet what happened to your state in 2009 will be remembered a lifetime and passed on for generations !
written by aja49, May 23, 2009
The Court of Appeal decision was predictable and that almost everybody has guessed right.
Never mind since it is the BN who is still in power and they can be expected to do more of such thing.
So let the decision be so.

Who knows one day not too distant a future you may find that 3 or more BN ADUNs would die of heart attack. We have seen a number of ADUNs passed away due to such cause. Then what's going to happen? Perhaps you don't have to wait till GE 13. Let's see how Najib is going to react to the situation.

Sorry about the theory. It may or may not work. If that is the case then it is going to be power to the people.
written by laiheng, May 23, 2009
zambry is mb, rules court....but for how long?....3 years?...b4 the people's court submit him and his cohorts to absolute humiliation....
written by Naeem, May 23, 2009
This is the corrupt web site!
Never approve what's the truth....
I bet,...many comments from BN supporters were not published!
what a nonsense ha??
Syok sendiri???...hahahaha
written by SamYap, May 23, 2009
Excellent judgement! Quote: "We have extraordinary judges with extraordinary abilities".

I would like to add that the rakyat also has extraordinary abilities, they have become blind to the "Dacing" logo. The next GE, the rakyat will suffer momentary tunnel vision and can only see the white moon, the rocket and the blue eye. Their hand will somehow automatically mark those sybols on the ballot paper. EXTRAORDINARY INDEED!
written by dan, May 23, 2009
lol.

not surprising as all

as expected laaa...

malaysia boleh kan?
written by Malaysian_First, May 23, 2009
Nvm people, the rakyat will have the last laugh.

written by 88, May 23, 2009
The Court of Appeal's judgment is sensible. PR supporters are arguing form over substance. The court today ruled based on substance. Nizar had lost the majority - period. Sultan knew that, Nizar knew that, Najib knew that, we all know that. All this outcry may indeed turn the tables on BN in the next GE - however, the wailers and moaners are not always right. Whatever the peoples' feelings, the Sultan was right in law. In my opinion, he did the right thing. I don't expect PR goons to agree with me, but then - what do they care about anyway except that everyone bows to their wishes...
written by kg, May 23, 2009
Next bigger episode will be the AGUNG will have the right to remove PM Najlis in the very near future. UMNO is signing there own DEATH WARANT. So be it . Either way the Rakyat wins, the WIND OF CHANGE HAS BEGAN.
written by Kopi O Kao, May 23, 2009
Tukar Nama Negara Malaysia jadi Negara UmNo.
Negeri Perak jadi Negeri Zambry
written by Helena, May 23, 2009
This was the work of the famous Wee Khay Ling Ham?
Looks like it was indeed this person's views.

Imagine that fellow is still running around doing errands like setting traps to corner PR ADUNs, writing proposed decisions pertaining to law, and in the process making a mockery of highly esteemed institutions.

And the other sponsor of the drama Win Shen Tarn will be so relieved that his haram money used to encourage the hopping has been paid well.

Previous instances do show that Win Shen Tarn and Wee Khay Ling Ham partnered very well during Dr Ms time and now after a five year break they have started again to tread on their failiar grounds.

This is the beginning only.
Khir Toyo will be trying harder now to create a similar situation in Selangor, now that the state UMNO boss is none other than the one who pulled off sucessfully in Perak. Khir is so much full of revenge at being suspended that he will do anything 'haram' to bring about a government change in Selangor too.
If he is successful, all his misdeeds will vanish in thin air.

Selangor Pakatan should be better prepared for such uncivilised assault.
written by Latifah Nomakario, May 23, 2009
Tu la Mr Anwar. Jagan la kacau orang, kalu u tak kacau BN hari tu kan dah tak kecoh-kecoh macam ni. Hai apalah nak jadi lagi ni...
written by cheng, May 23, 2009
This is what Najib's 1Malaysia means. Executive+Judicial=1Malaysia, where our courts decide in accordance with what BN/Umno wants. I salute the high court judge who ruled that Nizar is the rightful MB, for not because he decided in favour of PR, but for he upholds the laws and constitutions. To most of us he is one of the probably few decent judges left. The rest are rotten to the core. I salute Tun Abdullah for allowing Royal Commission on Linggam case whose findings awaken a lot of malaysians to the fact that how corrupt our judicial system is. All these mess can not be solved as long as BN is in power. So all malaysians should really vote wisely in next GE so that we have a decent government to rid our judicial, police, executives & MACC of all corrupted people.

In the meantime, let BN continue to rule (albert without moral authority) in Perak. This will make our wish to change for a better government come next GE a lot more realistic for their illegal & immoral power grab will make everyone of us even more determined to ship them out in next GE.
written by Wei, May 23, 2009
Yes, PR will definitely win the next General Election, unless of course BN plays cheat in the vote counting as they usually do in court-cases not in their favour. Also, HOW is BN going to justify that pulling out forcefully Sivakumar and replacing Perak Speaker with Ganesan (BN asshole) is LAWFUL? If BN is lawful to rule perak, is it lawful to forcefully pull out Sivakumar and put Ganesan in? Will the Court say it is lawful????????
written by alibabaanjing, May 23, 2009
Whatever the outcome of this issue, UMNO is tainted. UMNO shock sendiri !!!! Gantung those anak bangsawan melayu dari UMNO. Daulat Tuanku !! Bangun anak-anak Malaysia.
written by Viratta, May 23, 2009
Do not thimk that by provoke the BN with different unpleasant language will mke the Thick faces goons to dissolve the Perak state Assembly and have a fresh election.

They have been numb to the laws of Malaysia, numb to the people, numb to the policy and slogon they shout at, there is one thing they never numb at: Power and Monies........................................

So, why shout at it, fuse at it and whatever things that happenged will never be mend at all cost.
the wises way is to vote them out if there is a fresh election or the GE-13.

That is the only ways..........no other ways.
Since the Verdict is predicted so let it be..........we can not control or tell the court that is under evil influence to make a good judgement, don't all of you agreed??????????
written by Shazzy, May 23, 2009
Aiya, UMNO and their dirty games!

On a lighter note, a bunch of ballsy graffiti artists have hijacked one of those billboards congratulating Najib as the new PM by removing his face from it!

Check out the shocking video on youtube!

http://www.youtube.com/watch?v=kGHgWU8fV0o
written by KY, May 23, 2009
“The people will judge the judgement.”

I concur. Do you?
written by ajajal, May 23, 2009
Not a surprice more then 80% of the ppl knew the outcome of the appeal court judges. They
can grab the Perak state government by ways of fixing up corruptions then threaten them of charges
Fix up the Police to grab the legal speaker in input an illegal speaker . Fix up the court judges . All this
is a disgrace to the King the country but for how long must the people be fooled? There are limits .
should anything happen to the country then this Najis should be held responsible.
written by jy, May 23, 2009
al mukhlisin..... habish lah dato seri nizar... federal court ? forget it.. they'll 'kunyit' u the same dato' seri!
written by May, May 23, 2009
Great decision as BN has indeed the majority in the assembly. But why wld BN want to carry the burden? Would Anwar call to dissolve the Parliament if he had been successdul last Sept?
written by Robert, May 23, 2009
I think the Courts of Appeal decision stinks to high heaven! How can the high court have wrongly interpreted the Perak constitution? If that is so, it is imperative that the Court of appeals rebuff the high court ruling and spell out in no uncertain term where he had misinterpreted the law.

This is really a Kangaroo Court. How can the 3 judges said that the Sultan can use other means to determine no confidence in the MB. Please point out the law that said that. This is going to come back and haunt any ruling government in Malaysia in the long run. We are now saying that the Sultan can decide who he can sack by appointing a new MB. That is during the colonial times, not in this time of people power. The courts simply help BN dig a bigger hole for themselves and the rakyat will ultimately decide.

How are investor going to be confident in investing in Malaysia with these extraordinary judges that can come out with reasoning that does not conform to what the law said. This is mind boggling. This is another reason why Malaysia is going downhill. If one of the highest judicial body in the land cannot be counted to rule on issues according to the law then there is no need to even worry about taking anything to the court systems.
written by greg, May 23, 2009
Congrats to BN. You have won the battle but lost the war. Your fate has just been sealed by those 3 "Learned" judges. I doubt you can reverse the hatred and contempt the rakyat has for you'll.
written by Titinair, May 23, 2009
If the Court of Appeal judgement is right, the same act may be reproduced in the Parliament in that there's no need for a vote of no confidence to force a resignation of a prime minister. All it needs is for the Agong to listen to the views of a few disgruntled MPs in a hung parliament.
written by Zidane, May 23, 2009
I told you it is a foregone conclusion if you look at the composition of appeal court judges. Sulaiman Abdullah knows better as all the judges involved so far were his students at law faculty University of Malaya way back in the late seventies
written by Si Kucing, May 23, 2009
A big thank you to the three Court Appeal Judges - your decision will hasten the demise of BN and will help PR to gain power in the 13 General Election! Two or three years is just a short time to wait! Bye-bye to BN!
written by bt, May 23, 2009
lama2 aku tengok muka Zambry dah naik meluat dah. Memang aku tolak abis cakap dia lepas ni.
ko cakap la dengan kerbau, ayam ngan itik. itu pun kalau diaorang faham..dulu aku tak tahan dengo Zahid Hamidi cakap.sakit telinga aku dengo..Sama gak macam Najib, memang aku dah tak caye dah janji dia, cakap dia, ceramah dia. buat muke sedih pun aku tak layan dah. nak nangis ke, teriak ke, nak ape, nak meonggeng ke ase aku dengo Nama Ko je aku rase berapi je. sekarang ni Nama Zambry plak. paneh je nak terbakar. memang dah benci tahap gaban dah ni......rasa nak pijak-pijak muka dia pun ada dah.
written by Joker, May 23, 2009
Not surprising in anyway. Everyone is expecting this verdict. What can we expect from the lingam court?


written by freedom pursuer, May 23, 2009
We shd hv fresh poll decide Rulers has right to decide who shd be MB!
Yes, let Rakyat decides! or Rakyat will decide you right!
Bubar DUN Perak now!
written by Hang Tuah 1, May 23, 2009
The Court of Appeal has ruled in favor of Zambry as legal MB of Perak...
The Court of Appeal has ruled the sultan has the power to dismiss Nizar as MB of Perak.

But the Court of Appeal cannot rule how the people of Perak will vote in the next general election.
And the sultan has no power to deny his subjects to vote against his anointed MB of Perak.

Wait till 2013,
the people will rise to their rights to choose the government they want.

The majority that gives power to BN is simply the three frogs...
They are independents but they hold the state hostage until 2013.
And then BN will decide if they will field these frogs in the elections.

I don't think so, these 3 frogs have gone with millions in their bank account.
It is a thank you gift for their support at this time to BN.
But we know for sure, they will disappear from 2013 GE.
They will step down from politics.

BN will have 3 or 4 years to work hard...
Will people forget this Perak fiasco???
I don't think so...

Thanks to Court of Appeal...
You have created a new precedent...
The votes in the state assembly - no point lah.
Just go and seek audience with the sultan...
whatever he says, that's it...
What for all the discussions.
written by gerdamn, May 23, 2009
How come I dont feel this is a just decision? How come I think the judges are not honest? How come I think this is a setup? How come I don't trust the judiciary? How come I dont believe the govt?
written by bt, May 23, 2009
what else can say, Zambry rules court, later court did decision. the next day news release Nizar was failed.


something wrong will happen next, probably more worse......more unpredictable..more cruel....more zionis more humanitarian from UMNO to keep power in hand.

General Election still far to reach, to get 2012 i think people was poisoned by UMNO with their dirt tactics.

i wish there will be a wise man can stop them....but who?







written by Disappointed, May 23, 2009
It is expect!! CORRECT, CORRECT CORRECT!!!

Don,t lose heart, the rakyat will remember (we don't have short memories !) this shameful opera. Next GE is not far away, the RAKYAT will kick out all this BN goons in the next GE.
written by gerdamn, May 23, 2009
Now that BN has gain a facing saving grace, it is time to do the right thing. It it miss this case, then god help all of us. Remember, we all share this country. Playing this political game further will destroy the country.
written by mic, May 23, 2009
Speaking to the enemy before making a decision??? hmmmmm, somethings amiss!!
written by bryan , May 23, 2009
Congratulation to Mr. Zambry The Transformer. He had been successfully transform from an illegal MB as a legal one in an illegal Malaysia. This proves to Malaysian that BN is the king, no matter what you did they are still in power. What kind of half cook democracy we have. Election is just for democracy decoration.
written by StopNonsense, May 23, 2009
Don't worry PR. The court's decision will pave the way for you to take over Putrajaya easily... Obviously, the Rakyat has got very very angry and frustrated with BN with a lot of matters... this is just another SHAME that will help them to loose their power in the foreseeable future... BE Patient!
written by tan haw seng, May 23, 2009
The Court of Appeal's decision sounded the death knell and sealed the fate of BN come GE13. IT'S A BLESSING IN DISGUISE.
written by Johan Malaysia, May 23, 2009

As expected.

But I still wonder on what grounds that the verdict rules in favour for Zambry? Is it the business of the Court to determine either or not that Nizar lost the majority support in the Assembly? How can anyone determine this except for the proper process in the Assembly.

It is also not an issue either Nizar know that he lost majority support or not, went he approach Sultan for dissolving the Assembly, since the Assembly have never vote in this issue yet. Neither Nizar, Zambry, Najib, the AG, the State LA, the Perak Sultan, the Judge, nor any one else can determine without doubt that Nizar has lost majority confidence, before the Assembly hold any voting with proper proceeding.

In my opinion, Article 16(6) in Perak constitution is refer to, when a MB lost the majority confidence in the Assembly (that’s mean the Assembly has voted in it), than the MB have to resign or the last option is he can seek the dissolving of the Assembly from the Sultan, but if the Sultan turn down the MB request, the MB has to resign without any other option.

If the constitution does not interpret in this way, it is a very dangerous precedent. That’s mean our states are almost an absolute monarchy system. If a King dislike a MB/PM, than he can just say that he has determine that the MB has lost the majority confidence of the Assembly, so the King can sack that MB and appoint someone else to be the MB. Even in reality that MB do not lost majority support, the King still have final say, not the Assembly. Even the Assembly want to hold a meeting to vote other vice, but the King still can block that meeting by not consent to hold any meeting.

Our constitution definitely should not be allow to been interpreted in this way. It is DOOM for our Democracy and Nationhood....
written by kai, May 23, 2009
This is expected. Even my 3 years old kid can tell you that. What do you expect when you have BN friendly judges hearing the appeal. What a joke. Why don't you get international judges to hear the case. I dare you!!
written by unbelievable, May 23, 2009
What to say except that the result is 'sick'. OMG, have to bear with more broad "SMILES" advertising toothpaste.
written by R lee, May 23, 2009
Whatever happened to the corruption cases brought against the two kataks? Have the cases been swept underneath the carpet until the next GE? The only way forward is to accelerate these cases in the interest of the rakyat. As usual, these cases will be buried until all is forgotten!
written by Always Malaysian, May 23, 2009
Has a precedent been established (unless Federal Court overturns Court of Appeal decision) .... that is, in future, rulers can remove MB in '50-50' or ambiguous situation' in any State too with a ruler?

What about governors in relation to Chief Ministers in '50-50' or ambiguous situation'?

And what about kng in relation to Prime Minister in '50-50' or ambiguous situation'?

What are the legal implications for parliamentary democracy?
written by perakian, May 23, 2009
Why?Why?Why?
oh......MONEY......
written by Cassandra, May 23, 2009
Whats happened to Stare Decisis? I am referring to the Stephen Kaloningkan case.
written by saiman, May 23, 2009
The verdict was expected. Until the next election, PR will not win any court cases. It is better just leave it to the illegal mentri besar from BN to run the state. Since there is no more hope for him to be a mentri besar in future, let him enjoy now.
written by Kopitiam Chat, May 23, 2009
Topic : Court Of Appeal's decision

Whatever the Court Of Appeal's decision is not important now. Whoever be the MB at this stage is also not important as the losing party will appeal to Federal Court. There won't be an end for it. Wasting time and citizen's money. The Perak government will not be functioning at all.

Whoever is the MB now, once and for all, dissolve the state assemble, let the Perakians be the judges. Let them vote for the party to represent them instead of kataks. The independent kataks are the parasites or the boils of the society. Their education level is very low and don't expect them to contribute much to the society. They only serve those who look after their pockets instead of the Perakians.
written by khloo, May 23, 2009
PR MUST continue to FIGHT ON, in whatever means, until next GE, the Rakyat will decide the fate of BN, just a few more years to go. The FIGHT must continue with patience, endurance, you have the support of the Rakyat, not just Perakians.

If BN is so afraid to go back to the PEOPLE, don't cheat the Rakyat on the 1-Malaysia concept, it is just a LIE!!
written by JS Yeap, May 23, 2009

Excellent decision, Court of Appeal: 3-0, and within 24 hours too. No pretences, no cosmetics. Now the crisis is prolonged, now people get angrier. Now the moral legitimacy of more and more institutions is further eroded.

Now the scales fall from the eyes of the people.

Now people will realise only they can save themselves. Not the judges, not good intentions and fine hopes, not prayers, not appeals. Thank you, Court of Appeal judges, for teaching us the ABCs of democracy.




written by pureheart, May 23, 2009
Mestilah. Crooked bridge OK. Perak pun OK. High court semua Mahathir punya orang.
written by siva, May 23, 2009
what does this means. who is the true MB now. how can each time they keep on change. even court earlier rule out nizar is the MB but now zambry. i really didnt understand. what happen to malaysia politics?????????????????????????????????
written by Killer, May 23, 2009
PR's philosophy : Heads I Win, Tails You Lose.

Pakatan must ask why they lost...the real reason is Anwar's STUPIDITY and GREED. Please ask Anwar to take responsibility and RESIGN NOW.

Hidup Ketuanan Anwar !!

written by Irene, May 23, 2009
For BN to be able to hold her head high and say that they have majority, BN has to go back to the people and get a fresh mandate. By getting assemblymen to switch sides does not prove that BN has the majority. It's a lie and (self) deception. The more BN holds on to Perak, the more the rakyat is angry at the injustice that is blatantly practised. We are totally disappointed with the Appeal Court ruling. Where has the sense of justice and good governance gone to in this nation. We look now to God to do the necessary to right every wrong that is done, to leave no stone unturned...
written by Bersihkan Najis, May 23, 2009
Dah agak dah....kerajaan perompak....memang setuju dengan wong yang Be End ni lebih teruk daripada lanun Somali....hak rakyat dinafikan sama sekali. Biarlah rakyat Perak bangkit memboikot semuah dasar kerajaan Beruk Nasional di Perak. Dan kepada si OKU Hee, boleh masuk neraka dengan duit RM25 juta dermaan kerajaan Be End...

Sedih....demokrasi sudah berkubur di Malaysia.....R.I.P
written by Anotherpieceofshitinaplacecalledmalaysia, May 23, 2009
What a mess! Perakians, you'll have to undo the damage during the next GE.
written by wth, May 23, 2009
LOL. What a joke. For some, justice is only truly justice if it serves their agenda. PR losers.
written by KB, May 23, 2009
"The judges also ruled that the Sultan was right in appointing Zambry the MB and that there was no need for a vote of no confidence in the House against Nizar."

Perverted judgement by Umno's puppet judges which defy logic. No need for a vote against Nizar means the sultan has the power to dismiss the MB while the constitution is clear that the ruler has no such power.
written by mohd husin, May 23, 2009
It is so so predictable. Malaysia boleh!
written by John Tan, May 23, 2009
a part of the One Malaysia's STAGE OPERA. more slogan, more wayang kulit, more to be bought.
written by xenos55, May 23, 2009
YEah, everyone know the results since the beginning. why nizar is gantung during the session and not both. Who decide nizar got no majority, had any such motion being table??? did speaker approve the motion. If this procedure is not important, why we have DUN, just go with what ppl feel. no need DUn, no need election. Bee end can saud they get the majority of malaysian, all politicians....... but everyone know the truth.........where our confidance can go to now, no where for us to seek help...what a black M
written by Shah, May 23, 2009
On hindsight, the mistake done by PR was to delay seeking the Sultan's decision to dissolve the State Assembly. It should have be the day when those two jumpers could not be traced that Nizar should seek an audience with the Sultan requesting Assembly dissolution. At that point of time, I believe UMNO was still in negotiation mode with Jamaluddin, Osman and Hee. But by focussing on asking for by-elections in DUN Behrang and DUN Changkat Jering, PR had given breathing space for Najib to seize the initiative and plan his next move. Najib was very cunning in letting PR be complacent and lower their guards by giving the impression through the media that a few UMNO ADUNs were unhappy and ready to cross over to PR. Of course one can argue that even if Nizar were to see the Sultan earlier, the Sultan might not give his consent or instructed for the postponement of his decision. But if that were to happen, the Sultan might be suspected of being biased to UMNO. Anyway that is now history.
written by Obi Wan, May 23, 2009
Congrats BN & Zambry. You just made PKR & oppositions the winner for the next GE...
written by NGCG, May 23, 2009
No surprise.
Expected results.
Bagi orang yang berkuasa : "Mahu seribu daya, tak mahu seribu dalih"
written by Jealous, May 23, 2009
BN Perak Takut Kalah!, BM Najib Takut Kalah, BN Zambry Takut Kalah... Itu fact nya! jadi, mereka takut bubarkan DUN Perak...

BN = Takut Kalah!

hahah!
written by The Tipping Point, May 23, 2009
In Malaysia Boleh, the due process is for window dressing and shortcuts are for one's own advantage.
written by Where is Independence of Judiciary?, May 23, 2009
Where is the basis of the judgements? What laws are being applied? All are mere figment of opinions that do not stand the test of law.
written by Right2Choose, May 23, 2009
Maybe this decision is good for democracy in Malaysia, in the long run. It's never was about procedures and laws about who is the rightful government in Perak. It's about the frogs who jumped at brought down the legally elected government.PR and Nizar were doing good in Perak and it's such a big disappointment to see them fall (this is putting it very mildly) Hope that when there is a change in the federal government, many of the loopholes and screwed up laws will be changed to reflect the desires of the people. Among them should be anti - hopping laws. In Malaysia the party of the candidate is as important or more important than the candidate itself. Other things that need to be worked on will the independence of the judiciary, the law enforcement agencies and the civil servants.
written by Kev, May 23, 2009
Dear Nizar and fellow Excos

Hope you won't appeal 'coz we know the outcome. Who suffers in the end? Perakians. Why? Because investors will be afraid to come due to instability. The Opposition will also suffer because BN will use this court's decision to gain more support and converts by saying that you don't respect the court, and because of you, the state is in chaos. Everyone knows you and your MPs have done a wonderful job fighting till the last drop of blood but you should also know better that appealing and reappealing and reappealing costs money.

Let BN win....let them smile for now. Perakians will be smart in the next GE. From now till GE13, the opposition has to prove that they're still more supreme by fulfilling your promises (though BN will cut you into pieces for causing havoc the past few months). Serve those who have elected you.
written by wong, May 23, 2009
yes, it is expected.

how can PR against a daylight robbers ? it is worst than Somali pirates.
written by YOUNG_VOICE_out, May 23, 2009
the head of zambry will get even bigger now..

RPK is right. its so predictable.
written by paul fong, May 23, 2009
if BN has 28 assembly men n PKR has 28,and if the speaker has no right to vote,what happens if the BN comes into power with one being the speaker than BN has only 27 in the assembly,vice-versa
written by mamaque, May 23, 2009
very good decision by court of appeal
written by 2nd class, May 23, 2009
Next Zambry will dissolve Perak assembly, ini jasa UMNO bukan drama king, Anwar punya
written by Nina Wansem, May 23, 2009
Well... Its expected...
The asshole is the MB...
written by Dap man, May 22, 2009
Didn't RPK say it going to be 3-0 or 2-1 in favour of zambry
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