Let good sense prevail, please — Hafiz Hassan

OCTOBER 8 — Like the 10 Negeri Sembilan assembly persons, Perak assemblyman Datuk Seri Ir Mohammad Nizar Jamaluddin too took to the court in early February 2009 to seek for declarations: (a) that he was still the Menteri Besar (MB) of Perak; (b) on the Interpretation of Article 16(6) of the State Constitution; and (c) that Datuk Seri Dr Zambry Abdul Kadir had no legal right to be MB of Perak.

A writ of “quo warranto” was also sought to be issued against Dr Zambry to show cause and to give information how and under what authority he could act as the MB of Perak.

The High Court granted the declaration that Nizar at all material times was the MB and the writ of quo warranto was issued against Dr Zambry.

On appeal to the Court of Appeal, the decision of the learned High Court judge was reversed.

The decision of the Court of Appeal was delivered on June 26, 2009.

On July 9, 2009, the Federal Court allowed Nizar’s application for leave to appeal to the apex court against the decision of the Court of Appeal on constitutional questions concerning Article 16(6) of the State Constitution.

Exactly seven months later, on February 9, 2010, the Federal Court came to its decision, dismissing Nizar’s appeal.

The author argues that Negeri Sembilan Menteri Besar Datuk Ismail Lasim cannot effectively govern without state executive councillors and calls for common sense to prevail in resolving the political impasse. — Picture by Yusof Isa

The decision became the lex classicus, as legal experts would term it, on the issue of confidence of the majority of members of a legislative assembly.

(See the case of Dato’ Seri Ir Hj Mohammad Nizar bin Jamaluddin v Dato’ Seri Dr Zambry bin Abdul Kadir (Attorney General, intervener) [2010] 2 MLJ 285)

It took a year for the case to become the lex classicus.

During that period, Dr Zambry remained the MB of Perak and, with state executive councillors (excos), governed the state.

Unlike Negeri Sembilan Menteri Besar Datuk Ismail Lasim.

Ismail is an MB without excos.

He is like a general without an army.

If it takes an army to build a village, as the saying goes, how does an MB govern a state without excos?

He is like a captain without a crew.

What’s a captain without a crew?

A captain without a crew isn’t commanding a ship, he’s just standing on it. 

Two weeks ago, I called for legal sense to prevail.

Three days later, I wrote that the people must be prioritised and not victimised.

So, what now?

If legal sense has not prevailed, let good sense now prevail, please.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.