Saturday, February 7, 2009

Articles Used By The Sultan Of Perak Was RIGHT AND LEGAL ! - Malaysiakini

The following is the media statement issued by the office of Duli Yang Maha Mulia Paduka Sultan of Perak, Sultan Azlan Shah, which was signed by the ruler's private secretary, Col. Datuk Abd Rahim Mohamad Nor.

OFFICE OF DYMM PADUKA SERI SULTAN PERAK DARUL RIDZUAN

SULTAN STATEMENT 1

"Yang Amat Berhormat Datuk Seri Ir. Mohammad Nizar Jamaluddin was granted an audience by Duli Yang Maha Mulia Paduka Sultan of Perak Darul Ridzuan on February 4, to ask for his Royal Highness's consent to dissolve the Perak State Assembly.

Yang Amat Berhormat Datuk Seri Mohd Najib Razak, Deputy Prime Minister of Malaysia, also requested for an audience with his Royal Highness in his capacity as the Perak Barisan Nasional chairman and consent was granted to be present before his Royal Highness on February 5.

Yang Amat Berhormat Datuk Seri Mohd Najib informed that the Barisan Nasional and its supporters, now comprising 31 state assemblymen, had the majority in the State Assembly. On the order of the Duli Yang Maha Mulia to ascertain that the information given was accurate, all the 31 state assemblyman were to present themselves before Paduka Seri Sultan.

SULTAN-STATEMENT 2 (LAST) IPOH

After meeting all the 31 assemblymen, DYMM Paduka Seri Sultan of Perak was convinced that YAB Datuk Seri Ir. Mohammad Nizar Jamaluddin had ceased to command the confidence of the majority of the State Assembly members.

DYMM Paduka Seri Sultan of Perak had also considered thoroughly YAB Datuk Seri Ir. Mohammad Nizar Jamaluddin's application on February 4, 2009 for his Royal Highness's consent to dissolve the Perak State Assembly.

His Royal Highness had used his discretion under Article XVIII (2)(b) of the Perak Darul Ridzuan State Constitution and did not consent to the dissolution of the Perak State Assembly.

YAB Datuk Seri Ir. Mohammad Nizar Jamaluddin was summoned to an audience with the Sultan to be informed of his Royal Highness's decision not to dissolve the State Assembly, and in accordance with the provisions of Article XVI(6) of the Perak Darul Ridzuan State Constitution, DYMM Paduka Seri Sultan of Perak ordered YAB Datuk Seri Ir. Mohammad Nizar Jamaluddin to resign from his post as Perak Menteri Besar together with the members of the state executive council with immediate effect.

If YAB Datuk Seri Ir. Mohammad Nizar Jamaluddin does not resign from his post as Perak Menteri Besar together with the state executive council members, then the posts of Menteri Besar and state executive councillors are regarded as vacant. This statement is issued with the consent of Duli Yang Maha Mulia Paduka Seri Sultan of Perak Darul Ridzuan."

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Below are the reference stated in the articles.

ARTICLES USED BY THE SULTAN OF PERAK

Article XVI (6) of the Perak Darul Ridzuan State Constitution :

“If the Mentri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council”.

- we can break the article into 3 parts :

i) If the Mentri Besar ceases to command the confidence of the majority of DUN members - please note that there is no mention on how or the exact proceeding to be mandatorily used in determining the matter.

ii) MB shall (”hendaklah”) tender resignations of all exco members including himself as the Chief exco - “shall” here means it is mandatory to be done with no exception.

iii) The middle part of the article - unless at his request His Royal Highness dissolves the Legislative Assembly - means there is provision or exception, but, with conditions in this article, that allows the MB to request for a dissolution of the Legislative Assembly when he ceases to command the confidence of the majority, but, with the Sultan’s consent. There is no further allocation that said the Sultan is obligated to accept the MB’s request.

Article XVIII (2)(b) of the Perak Darul Ridzuan State Constitution :

The power to determine and act based on own discretion and evaluation.

The Sultan of Perak used this article to ensure that his action was according to his existing jurisdiction and had used his discretion to not to consent the dissolution of the state assembly. This was stated and implemented and it showed that the Sultan is not merely a puppet to the state government. And it really showed that the monarchy system still works! God bless Malaysia!

8 comments:

Sans said...

Ahem, the Sultan can ask for an MB's resignation but the MB can refuse. The Sultan cannot dismiss him. Only a vote of no confidence in the state assembly can.

So the Sultan declaring the MB position vacant has no basis in law.

He was wrong there.

Jackie Lee said...

Basically the Sultan decision is based on after meeting all the 31 assemblymen.

They have fully pledge for the support. But if we take a careful approach on the decision by the sultan, Pakatan Rakyat don't have enoughh seat to become a state government.

Why all this kind of incident have to happen in the first place. If Pakatan Rakyat are clever, tell them to get some of the BN assemblymen to cross over then everything including the power will return back to Pakatan Rakyat.

Rahimi said...

most of all, the sultan has a wide knowledge on legal matters, he make a move after satisfied that his move base on laws. opposition also knows that they can form a government base on MP who jumps from BN. that why Anwar tried hard for the great jump on 16 september 2008. if not why opposition wants to that. unlucky their owned people jumped. now totally different story, opposition himself against the jump. this is not pakatan rakyat but pakatan of hypocrites

Anonymous said...

Whether the MB has the confidence of the Legislative Assembly can only be objectively tested by a vote in the Assembly.The monarch cannot use his own subjective discretion when an objective means is available. This is the law of Malaysia as stated in the test case in Sarawak when the High Court ordered the reinstatement of Stephen Kalong Ningkan.

Jackie Lee said...

The Sultan of Perak made the decision based on the Perak Constitution.

Sultan as the state ruler, will he made a decision against the Constitution ?

I don't think so. We have to remember that after Datuk Seri Nizar have an audience with the Sultan, he did mention that all the decision is up to the Sultan to decide.

But why now he is going against the sultan order ? If Pakatan Rakyat have the chance to regain back as state governments, I don't think the Sultan is willing to meet Datuk Seri Nizar and re-instale him as MB.

Anonymous said...

than the perak MP will keep changing if assemblymen keep jumping in and out!!! so the Sultan will be very busy..

Anonymous said...

Sultan betrayed to peral citizen..
sultan telah derhaka kepada rakyat perak....

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