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PUTRAJAYA, 7 FEB, 2010: The conundrum of who is the rightful menteri besar of Perak will be resolved on Tuesday (Feb 9) when the five-man Federal Court bench pronounces its ruling.
The bench, led by Court of Appeal President Tan Sri Alauddin Mohd Sheriff, will decide whether Datuk Seri Dr Zambry Abdul Kadir, 47, of the Barisan Nasional (BN) retains the post or his predecessor Datuk Seri Mohammad Nizar Jamaluddin, 52, of the Pakatan pact of DAP-PKR-PAS reclaims the office.
The judgment will also determine the constitutional issue of whether a head of state can look beyond the legislature to decide if the head of government has lost the confidence of the majority of the elected representatives.
Besides Alauddin, the other members of the bench are Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court judges Datuk Zulkefli Ahmad Makinudin, Datuk Wira Ghazali Mohd Yusoff and Datuk Abdull Hamid Embong.
This is the final step in the appeal by Mohammad Nizar in his attempt to reclaim the post of menteri besar. Nevertheless, the losing party in a court case can apply to the Federal Court to review its own ruling under Rule 137 of the Rules of the Federal Court to challenge the constitutional points.
The five-man bench had deferred its judgment on Nov 5 last year after having heard submissions in the appeal from counsel representing both Mohammad Nizar and Dr Zambry.
The conflict over who the rightful menteri besar is arose last year after three Pakatan representatives quit their parties to become independent state assemblymen, leaving Pakatan, and the BN with 28 assemblymen each in the 59-seat Perak legislative assembly.
They are Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Mohd Jailu (Changkat Jering), who resigned from PKR on Jan 30, and DAP assemblyman Hee Yit Foong (Jelapang) who followed in their footsteps four days later. All of them declared
themselves BN-friendly independents.
The Sultan of Perak, Sultan Azlan Shah, then asked Mohammad Nizar, who is Pasir Panjang assemblyman, to step down as menteri besar and swore in Dr Zambry in February last year after declaring that the BN had the majority in the state assembly.
Mohammad Nizar initiated legal proceedings on Feb 13 last year, seeking a declaration that he is the rightful menteri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the menteri besar.
In May last year, the High Court reinstated Mohammad Nizar as the legitimate menteri besar but the Court of Appeal reversed that decision and declared Dr Zambry's appointment as Perak menteri besar constitutional.
Chronology of Events in Perak Political Crisis
Following is a chronology of the events which unfolded during the political crisis in Perak after the 12th general election on
March 8, 2008, leading up to the ruling on Tuesday (Feb 9) of the Federal Court on who will be rightful menteri besar of Perak - the current Datuk Seri Dr Zambry Abdul Kadir of the Barisan Nasional (BN) or his predecessor Datuk Seri Mohammad Nizar Jamaluddin of PAS from the DAP-PKR-PAS pact.
17 March 2008:
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Mohammad Nizar, the state assemblyman for Pasir Panjang, is sworn is as the menteri besar of Perak.
1 Feb 2009:
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Perak State Assembly Speaker V. Sivakumar announces he has received the resignation letters of Behrang assemblyman Jamaluddin Mat Radzi and Changkat Jering assemblyman Mohd Osman Jailu. Both assemblymen deny they have resigned.
3 Feb 2009:
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Election Commission (EC) decides Behrang and Changkat Jering seats are not vacated and as such by-elections are not required for the constituencies.
4 Feb 2009:
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Then Deputy Prime Minister Datuk Seri Najib Tun Razak announces that Perak BN has a simple majority to set up the state government after two PKR assemblymen and one DAP assemblyman quit their parties and become independent assemblyman friendly to the BN.
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Perak BN and Pakatan Rakyat both have 28 seats each in the state assembly while three assemblymen are independents.
5 Feb 2009:
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A media statement issued by the office of the Sultan of Perak states that the sultan will not dissolve the state assembly and has asked Mohammad Nizar and the state executive council to resign or their positions will be deemed to have become vacant.
6 Feb 2009:
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Dr Zambry is appointed as the 11th menteri besar of Perak, replacing Mohammad Nizar.
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BN officially takes over the administration of the Perak government.
13 Feb 2009:
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Mohammad Nizar initiates legal action, seeking a court declaration that he is still the rightful menteri besar and an injunction prohibiting Dr Zambry from discharging his duties as the menteri besar.
6 March 2009:
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High Court Judge Lau Bee Lan refers to the Federal Court for an explanation of constitutional issues in the summons filed by Mohammad Nizar challenging the validity of the appointment of Dr Zambry as the menteri besar of Perak.
23 March 2009:
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Federal Court decides that the Mohammad Nizar vs Dr Zambry case be sent back to the High Court.
3 April 2009:
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Mohammad Nizar is given the "green light" by the Kuala Lumpur High Court to challenge the validity of appointment of Dr Zambry as the Perak menteri besar following a ruling by Judge Abdul Aziz Abdul Rahim that the application filed by Mohammad Nizar in February was not frivolous or vexatious and that there was a prima facie case to be argued in court.
11 May 2009:
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High Court declares Mohammad Nizar as the rightful menteri besar of Perak after finding that he had never vacated his post as he had not lost the confidence of the majority of the state assemblymen.
12 May 2009:
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Dr Zambry remains as menteri besar until the Court of Appeal hears his appeal against the High Court decision declaring Mohammad Nizar as the right menteri besar following Court of Appeal Judge Datuk Ramly Ali's decision allowing Dr Zambry's application to stay the execution of the High Court ruling.
22 May 2009:
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The decision of the High Court is dismissed by the Court of Appeal which declares Dr Zambry as the rightful menteri besar in accordance with the constitution.
19 June 2009:
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Mohammad Nizar files leave application to Federal Court to challenge Court of Appeal decision.
5 Nov 2009:
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Five-man bench of Federal Court adjourns decision to Feb 9, 2010 after hearing submissions.
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