©The Star (Used by permission)
Published: Tuesday March 3, 2009 MYT 8:54:00 AM
Updated: Tuesday March 3, 2009 MYT 3:21:06 PM
Perak Assembly calls for dissolution, polls (updated)=
![](3D"PerakAssembly3rdMarch2009_files/image001.gif")
The sitting was held under a tree in a vacant lot abo=
ut
200m from the state secretariat building after Pakatan=
Rakyat assemblymen were barred from entering the building, under what forme=
r mentri besar Datuk
Seri Mohammad Nizar Jamalu=
ddin
has described as the “doctrine of necessity.”
Nizar said three
motions were passed: First, a motion of confidence in himself as the legal
Perak mentri besar;=
second,
an agreement to seek Royal consent for the dissolution of the state assembl=
y;
and third, the adoption of the suspension of Perak Men=
tri
Besar Datuk Dr Zambry Abdul Kadir and six
executive councillors he appointed.
The first motion was proposed by Teja
assemblyman Chang Lih Kang while the second was proposed by Titi
Serong assemblyman Dr Khal=
il
Idham Lim Abdullah. All three motions were agreed to unanimously by the
The emergency sitting was called by State Assembly
Speaker V. Sivakumar, saying he was invoking Standing Orders 8 and 11 so th=
at
the assembly could vote on two motions.
Dr Zambry had earlier des=
cribed
the emergency sitting as “invalid and unlawful” because it had =
not
received the consent of Sultan Azlan Shah.
“He (Sivakumar) has used his powers unfairly to
achieve his own political agenda and he had ridiculed the proceedings of the
House,” he said.
Pakatan lawyers say=
the
Ruler’s consent was only needed to summon a sitting by way of royal
proclamation if the assembly had been dissolved or prorogued (adjourned by
royal prerogative). But because the last sitting was adjourned, the assembly
could carry on its usual business in an emergency session.
Push and shove
Police and Federal Reserve Unit personnel had set up roadblocks and barred =
the
main entrance of the state secretariat building early Tuesday morning in an
attempt to block the proceedings.
The building houses the offices of the mentri besar, state secre=
tary and
the state legislative assembly.
Supporters of both Pakatan and Barisan Nasional had init=
ially
gathered peacefully, but when the Pakatan
assemblymen, led by Nizar, arrived at about 9:4=
5am, Barisan supporters lined up to deny them entry.
There was some pushing and shoving. Ipoh OCPD ACP
Police told Nizar and the=
assemblymen
that they were not allowed in, but said Sivakumar could enter. Instead, the
Speaker declined and attired in his official garb, convened the emergency
sitting in the vacant lot nearby.
Snap polls
Pakatan, which took over the state after the 12=
th general
election last March, has been trying to call for new state elections after =
it
begin to see its rule slipping away earlier this year.
The crisis began on Jan 25 when =
Bota
assemblyman Datuk Nasarudi=
n
Hashim resigned from Umno to join Pakatan
component party PKR, which led to rumours of ma=
ny
more cross-overs to and from both sides of the
political divide.
The crisis deepened after Behran=
g
assemblyman Jamaluddin Mohd Radzi
and Changkat Jering
assemblyman Mohd Osman Mohd Jailu,
both from PKR and both facing corruption charges, went
“missing” for a few days, only to resurface after a few days to
announce they were quitting their party.
At the same time, Jelapang assemblyman Hee Yit Foong announced she was quitting D=
AP,
another Pakatan component party.
All three declared they would remain independent but
pledged their support for Barisan.
At the time, Sivakumar said that he had received lett=
ers
from the three reps saying they were also vacating their seats, but the
Election Commission decided that the resignation letters were not valid as =
they
were undated and that there was no need for by-elections in their
constituencies.
To add salt to Pakatan’s
wound, Nasarudin announced he was switching bac=
k to Umno after fewer than 10 days as a PKR man.
With that, both Barisan a=
nd Pakatan held 28 seats each in the state assembly, but=
the
three independents’ pledge of support to Barisan=
tipped the balance enough for Sultan Azlan Shah to declare Barisan
as having the support of the majority and he refused N=
izar’s
request for the state assembly to be dissolved and snap elections be called=
.
Court battles The tussle w=
ill
also play out in the courts, with Nizar having =
filed
an application for a judicial review to challenge the legitimacy of Dr Zambry as Perak mentri
The case will be heard on Tuesday before High Court
(Special Powers and Appellate) Court judge Lau Bee
In his application for a judicial review, Nizar is seeking an interpretation of the Perak state
constitution on whether the mentri besar’s post can be vacated in a situation wher=
eby:
* THE mentri besar had advised the ruler on the dissolution of the=
state
legislative assembly; * THERE is no dissolution of the assembly; * THERE wa=
s no
motion of confidence performed against him at the state legislative assembl=
y; *
THERE was no resignation made by him.
He is also seeking a declaration that h=
e is
the legal mentri besar of
Perak and asking for an injunction to stop Zambry
from carrying out the duties and functions of the ment=
ri
besar; and also punitive, aggravated and exempl=
ary
damages and costs.
On Monday, Perak executive counc=
illor
Mohd Zahir Abdul Khalid served an originating s=
ummons
on behalf of the three independent reps -- Jamaluddin<=
/span>,
Mohd Osman and Hee -- seeking a court declarati=
on
that they were still elected representatives of their constituencies.
The three were challenging the Speaker’s decisi=
on
that they had resigned and that their seats were vacant. This case will be
heard on Thursday.
Meanwhile, Dr Zambry has =
sought
a court declaration to make illegal Sivakumar’s<=
/span>
suspension of him and his six exco members. Thi=
s case
will also be heard on Tuesday morning.
Dr Zambry said he was see=
king a
declaration that Sivakumar’s decision was
unconstitutional and ultra vires the state
constitution.
He sought declarations that he and his exco members had the right to attend sittings and tha=
t the
House was not to be bound by any rules by, or
instructions from, the Speaker.
Earlier stories:
Dr Zambry vs
Sivakumar: Legal team withdraws
Cops to track down cussing individuals
Directive to shut down secretariat hastily removed
Zambry seeking court interven=
tion
Nizar proposes coffeeshop
venue
Stay away from building, says CPO
Justice Lau to hear suit challenging appointment of BN ma=
n
Photo gallery:
Perak emergency sitting
Previous blow-by-blow report:
(11.20am) Nizar to
seek audience with Sultan Azlan Shah to ask for dissolution of Perak state
assembly as soon as the documents from Tuesday’s emergency sitting un=
der
a tree in a vacant lot is completed.
(11.15am) Nizar says
three motions were passed during the Emergency sitting on Tuesday - motion =
of confidence
on himself as the legal Perak MB; agreement to seek Royal consent for
dissolution of state assembly; and the adoption of the suspension of MB
(10:40am) At the High Court, Sivakumar’s lawyers withdraw from the case after
Judicial Commissioner Ridwan Ibrahim rules that
private lawyers have no locus standi and cannot
represent the Speaker.
Ridwan says that u=
nder
the Government Proceedings Act, the Speaker can only be represented by the
state legal advisor, or lawyers appointed by the latter, because he is part=
of
the state government.
Sivakumar’s l=
ead
counsel, constitutional expert Tommy Thomas, says they will await further
instructions from the Speaker. He said they were refused speaking rights un=
der Ridwan’s ruling.
(10:35am) Nizar
proposes that the emergency sitting of the assembly be adjourned. Sivakumar
adjourns.
(10:25am) Titi=
Serong rep Dr Khalil Idha=
m says Nizar is the rightful mentri besar and wants him to continue. Canning assemblyman =
Wong
Kah Woh says that Pakatan has ruled the state w=
ell
since taking over last March.
Teja rep Chang L=
ih
Kang proposes a motion asking for the dissolution of the state assembly to =
call
for a new election.
Both motions are agreed to by all Pakatan
reps.
(10:20am) After
“doa selamat&=
#8221;
prayers, the meeting commences with the hearing of the first motion from
He says the trust and support have been given to Nizar as mentri besar. Sivakumar asks for the motion to be debated.
(10:15am) Although
allowed entry into the state secretariat building, Sivakumar did not go in.
Attired in the official garb of the Speaker, he declares a vacant lot about
200m from the building as the venue for the emergency sitting.
(10:05am) Nizar gets
into his car. Discussions going on between PAS, PKR and DAP assemblymen and
Members of Parliament (MPs) on their next course of action. One MP is in the
car with Nizar.
They are expected to head towards the DAP state
headquarters where they might hold a press conference.
(10:00am) Pakatan
assemblymen and Nizar not allowed into building=
, but
police allow Sivakumar to enter. A policeman says, “YB tidak boleh masuk
(Yang Berhormat is not allowed in).”
Pakatan supporters =
make a
protective ring around their assemblymen so that they will not be chased aw=
ay.
Assemblymen start moving away however.
(9:45am) At the High Court, lead counsels for b=
oth
sides are briefing the judge in chambers. They emerge from chambers at 10:1=
7am
to brief their legal teams.
(9:40am) Pakatan Ra=
kyat
assemblymen, including former mentri besar Datuk Seri Mohammad=
Nizar Jamaluddin, arrive =
at state
secretariat building for emergency sitting of Assembly called by Sivakumar =
to
vote on two motions related to the constitutional crisis in Perak.
Barisan Nasional supporters have lined up to prevent them from
entering. Some pushing and shoving going on.
(9:00am) Federal Reserve Unit personnel have be=
en deployed
in front of state secretariat building, at least seven trucks being used to
block main entrance. Police had already set up roadblocks on roads leading =
to
the building earlier this morning.
A small crowd has gathered, comprising party members,
lawyers, supporters and many members of the media.
(8:45am) Lawyers from both sides start arriving=
at
Ipoh High Court in preparation for hearing of lawsuit filed by Perak Mentri Besar Datuk
Dr Zambry Abdul Kadir
against State Assembly Speaker V. Sivakumar.
Dr Zambry is seeking a co=
urt
declaration that Sivakumar’s suspension o=
f Dr Zambry and his six excos =
from the
state assembly is unconstitutional.