Tuesday, May 5, 2009

SULTAN CANNOTSACK MB

Assalamualaikum,


By Debra Chong[Mlaysian Insider]

KUALA LUMPUR, May 5 — The Perak Constitution has no provision that allows for the ruler or anyone else to sack the mentri besar from his official position, the High Court here was told today.

While the Sultan of Perak had the power to appoint the MB as a constitutional monarch, he had no power to later force the MB out of his lawfully-appointed office, argued the lead lawyer for Datuk Seri Mohammad Nizar Jamaluddin, who is suing Datuk Seri Zambry Abdul Kadir for usurping his rightful appointment as the MB of Perak.

In putting forward his submission before judge Datuk Abdul Aziz Abdul Rahim this afternoon, Nizar’s chief counsel Sulaiman Abdullah said if the Sultan had the power to also order the sacking of the MB, it would be stated clearly in the Perak Constitution.

He also pointed out that unlike the case with the executive council members, Nizar does not hold the office of MB “at the pleasure of the Sultan of Perak”.

The only way to remove the person occupying the MB’s seat is through a vote of no-confidence, which must be taken inside the State Legislative Assembly, Sulaiman added.