1. I had wanted to comment about the Federal court decision days ago but had not much time to do it and had completely forgotten about it. Zambry had gone to Federal Court trying to get the Federal Court to reaffirm his appointment as the MB. It was done after the Federal Court had ruled that Zambry 6 (like Ocean 11) suspension by the state speaker was not valid. Zambry was hoping that the Federal court would come to support him again.
2. Zambry must be one frustrated person when the Federal court ruled that the case must be heard at the High court and the court of Appeals, if necessary before the case is appear to the Federal court. I don’t know how many people actually realized what Zambry was trying to do.
3. He was actually trying to get the court to indirectly confirm that the Sultan has the powers to appoint him under the current circumstances. There is nothing wrong with Clauses 63, 16(2) and 16(6) of the Perak State Constitution. It is as clear as the sun and the moon. The powers of HRH are well defined. However this clause does not stand on its own. It has to be read together as part and parcel of other related clauses of the Perak Constitution.
4. Zambry was trying to hoodwink the general public. He thought if the Federal court had ruled that Sultan has acted within his powers of the three clauses, then no one should question the Zambry appointment. I would say it is a smart move indeed.
5. The basic role of all constitutional monarchy in this British system is quite clear. The State Assembly is an independent self regulating body. The Sultan power in the running of the assembly is well defined. This is actually a rather limited. It is the job of the Sultan to give his blessings when it is requested by the State Assembly and the MB. In the case of Perak, the actual MB is still Nizar.
6. There are now two versions of stories out there. One is that Nizar went to see the Sultan and said that he has lost the majority support of the assembly. Because of that the Sultan removed Nizar and appointed Zambry. The second being the story of Nizar went to see the Sultan saying that there is a deadlock in the Assembly (with 3 people had resign) and he had requested for dissolution of the Assembly. To some legal experts these are important issues and hence the matter will be discussed in the High Court on May 4th 2009.
7. I tend to disagree on this matter. Even if Nizar had informed the Sultan that he had lost the majority support as the MB in the Assembly, it is not the prerogative of the Sultan to appoint anyone outside the assembly. The matter should have been returned to the assembly. It should be registered in the Assembly minutes that Nizar actually had lost t he support of the majority. Once that has been decided, it is then brought to HRH attention. Recent history will show that this was not done.
8. Anyway between the versions that are spun by the media, I believe the second version as Nizar would not have been foolish to tell the Sultan that he had lost the support of the majority when in his mind the status is 28 PR,28 BN and 3 had resigned.
9. As time flies, May 13 gets closer, Zambry is getting more desperate. He has auction the Camry. He has gone to courts. He has locked to State Assembly Hall (via the instruction of the state secretary) and now he wants to remove the speaker. I don’t know how he plans to do it as it is quite clear that Sivakumar is still the speaker. Being the speaker it is his prerogative to allow any motion to take place. This has been demonstrated in the parliament and other state assembly many times before. I suppose the only way he can do that is if Sivakumar is absent.
10. Who knows what can happen. In a huge county like Malaysia, people disappear all the time. Sharlinie is still missing. So are PI Bala and Hilmi . Maybe Sivakumar may also disappear. PR must take good care of him. In any case Zambry is on a mission. He is in a hurry. He is on fire. He reminds me of Denzel Washington in the movie “Man on Fire” but in his case I would say that his pant is on fire.
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