2009 Perak constitutional crisis
Encyclopedia
The 2009 Perak constitutional crisis was a political dispute in Malaysia regarding the legitimacy of the Perak
state government formed in February 2009. It began when three Pakatan Rakyat
state legislators defected, causing a collapse of the state government. The Sultan of Perak
then refused Menteri Besar Mohammad Nizar Jamaluddin
's request to dissolve the state assembly and call for new elections. Instead, Barisan Nasional
(BN), with support from the three defecting assemblymen, formed the new state government.
The BN state government's legitimacy and the Sultan's decision not to dissolve the state assembly was disputed vehemently by Pakatan Rakyat politicians. A series of battles in the courts ensued between Nizar and the new Menteri Besar, Zambry Abdul Kadir
. Ultimately, the Federal Court
confirmed in February 2010 that Zambry was the lawful menteri besar.
. This was then followed by the re-defection of Nasaruddin to Barisan Nasional, and the declaration by three Pakatan Rakyat representatives, Deputy Speaker Hee Yit Foong
, senior state Executive Council member Jamaluddin Mohd. Radzi and Osman Jailu, of their intentions to sit as independents
while supporting the Barisan Nasional in confidence matters. The Sultan granted an audience to the Prime Minister (who is the head of Perak Barisan Nasional); at this meeting the PM claimed that the Barisan Nasional had the support of the majority of peoples elected representatives in the State Assembly. The Sultan ordered the PM to prove he had a majority. The PM left and returned later ( the same day ) with 31 elected members of the State Assembly all of whom told the sultan that they had no confinence in the Pakatan Rakyat
and that they would support a Barisan Nasional government.
Prior to the defections, Pakatan Rakyat had 32 representatives while Barisan Nasional had 27 representatives. The defections meant that the state now has 28 Pakatan Rakyat representatives, 28 Barisan Nasional representatives, and 3 independent representatives who pledged confidence to Barisan Nasional.
The morality of crossing the floor, the Sultan's power to dismiss the Menteri Besar (First Minister), the validity of pre-signed undated resignation letters, the powers of the Speaker of the House and power of the Election Commission were major issues of this constitutional crisis. In 11 May 2009, the Kuala Lumpur High Court ruled
that the Sultan was not constitutionally permitted to dismiss the Menteri Besar, and that Nizar had always been the rightful head of the state government. On 22 May 2009, the Court of Appeal overturned the High Court decision, and confirmed that the Barisan Nasional which has sworn in a new chief minister and parliamentary speaker for Perak should remained in power.[74] Furthermore the Court of Appeal have found the trial judge to have erred in confusing the issue of whether the government lost the confidence of the majority of the house with the issue of whether the Sultan have the power to dismiss the government. However Zambry's position as Menteri Besar will not go unchallenged despite the ruling as Pakatan Rakyat leaders have indicated they intend to file an appeal.[75]
, Nasarudin Hashim
announced his decision to leave the party and join the PKR
. Pakatan Rakyat
leader, Anwar Ibrahim
made continued claims of the possibility of more Perak
and also Federal
lawmakers from Barisan Nasional
to cross the floor to Pakatan Rakyat. Mohammad Nizar Jamaluddin
, the state's First Minister
, also hinted at the possibility of another three state lawmakers from Barisan Nasional
to defect over to Pakatan Rakyat
. Nasarudin Hashim's defection angered the then Prime Minister Abdullah Ahmad Badawi
, who chided Nasarudin for being weak and claimed that Nasarudin's defection was because Nasarudin was disappointed in not being offered any senior party posts. Nasarudin rebutted the Prime Minister's statement and claimed his decision was due to the mood of his constituents. On 29 January 2009 then Finance Minister Najib Razak took over from Mohammad Tajol Rosli Ghazali as the Perak
UMNO
chief, as Tajol Rosli resigned over Nasaruddin's party shift.
On 30 January 2009 two state assemblymen from PKR, senior state exco member and one time candidate for First Minister Jamaluddin Mat Radzi and Mohd Osman Jailu, who were both previously accused of corruption went missing from their homes. The State Assembly speaker V. Sivakumar
of the DAP
then declared the seats held by Jamaluddin and Osman vacant and informed the Election Commission to initiate a by-election
in the two ridings. On 2 February 2009 both assemblymen reappeared and declared themselves independent of assemblymen while pledging support for Barisan Nasional in confidence matters. The Election Commission then decided to not heed the speaker's requests and states that no by-elections would be held for the seats held by Jamaluddin and Osman.
The deputy speaker of the state assembly from the DAP Hee Yit Foong
declared herself independent on 3 February 2009 with the same terms as Jamaluddin and Osman - supporting Barisan Nasional in matters of confidence. Nizar had an audience with the Sultan of Perak
Sultan Azlan Shah and requested a dissolution of the state assembly to pave way for a snap election
on 4 January 2009. Najib in his capacity as Perak UMNO chief had an audience with Sultan Azlan Shah together with Hee, Jamaluddin and Osman. The latest Pakatan Rakyat lawmaker Nasaruddin announced his return to UMNO citing that "[He] want[s] stability in Perak." Najib, then sought royal consent for Barisan Nasional to form the new government.
An almost similar scenario occurred in the state of Sabah
following the 1994 state election
whereby Parti Bersatu Sabah
(PBS) won 25 seats against 23 won by Barisan Nasional. Defections by representatives of PBS into Barisan Nasional gave the latter the requisite majority to form government in Sabah.
Nizar refused to resign and asked the sultan to reconsider and dissolve the assembly, citing reasons of democracy, with backing from leaders of Pakatan Rakyat. The police cordoned off the state secretariat building and demanded Nizar's cabinet to vacate the building. Later in the evening, the sultan asked Zambry Abdul Kadir
to form the next government, removed Nizar from the office of Menteri Besar and swore in Zambry as the new First Minister on 6 February 2009.
In the morning of 6 February 2009, Nizar and his exco members returned to the Menteri Besar's office to find that their offices were cleared. Nizar held a press conference in the office premises along with his exco, but were promptly ordered to leave by the state secretary on grounds that they had breached an earlier agreement to only take his personal belongings. Nizar was escorted out of the office by the police 45 minutes later. Some members of the Bar Council defended the sultan's decision saying that His Majesty had acted within the state constitutional provisions while Information Minister Ahmad Shabery Cheek
claimed that Nizar's refusal to resign was act of treason.
Zambry was sworn in as the new Menteri Besar of Perak at 4.08pm that day. The ceremony was attended by members of the Barisan Nasional, including Najib, who arrived in the royal palace, Istana Iskandariah
, Kuala Kangsar
under heavy security. Supporters of the Pakatan Rakyat amassed in large number outside the palace to protest the swearing in of Zambry. Anwar Ibrahim challenged the legitimacy of Zambry's appointment by stating that Nizar still remains the Menteri Besar, as guaranteed by the state constitutional provisions, while Nizar continued his call for a motion of no confidence to be held in the assembly sitting before he steps down. Nizar called for the resignation of Zambry and stated his desire to file an application at the High Court and declare his appointment as unconstitutional. Nizar and other members of the Pakatan administration returned to the Menteri Besar official residence on 7 February and went ahead of to approve three new policies in Perak.
MP Karpal Singh
issued a notice that he will file a lawsuit against the sultan and the new Barisan Nasional state government for acting beyond the state Constitution. Since the Election Commission had ruled that there was doubt over the vacancy of the state seats of Changkat Jering and Behrang (held by Osman Jailu and Jamaluddin Mohd Radzi respectively) after the pre-signed letters submitted by Assembly Speaker V. Sivakumar in relation to their resignation were contradicted by denials from both assemblymen, it triggered the provision of Article 33 (1). The provision stated that "if any question arises whether a member of the state Legislative Assembly has become disqualified for membership, the decision of the assembly shall be taken and shall be final". Mohammad Nizar Jamaluddin also filed an application at the High Court to declare the swearing in of Zambry Abdul Kadir as unconstitutional and illegal.
, the Perak state legal advisor, Ahmad Kamal Mohd Shahid was trying to block state representatives from being notified of an emergency sitting of the state assembly on 3 March. He mentioned that this obstruction was in “contempt of the house” and liable for punishment under house rules.
. All the three motions were debated and passed unanimously, 27-0.
"It will be a peaceful but powerful message of civil disobedience: that we, the people, are the politicians' bosses and no politician defiant of public opinion can escape punishment at the next poll," said Bersih representative Wong Chin Huat
at the launch of the 1BLACKMalaysia campaign on 5 May.
That evening, Wong was arrested for sedition for writing several articles, including on the 1BLACKMalaysia campaign.
Security was tight around the state secretariat building where the state assembly is housed. The police cordoned off the roads in the areas from the night before the sitting on 7 May.
The police warned political party supporters not to create tension by dressing in black and gathering illegally in protest of the Perak state assembly sitting.
That didn't stop the supporters from showing up, dressed in black. Even before the sitting began, the police had arrested at dozens of people.
of Kuala Lumpur
ruled that, since there had been no vote of no confidence in the state assembly, the Barisan Nasional takeover was "illegal" and the Pakatan Rakyat's Mohd Nizar Jamaluddin still held office. The opposition is expected to call for fresh elections, while the ruling party has vowed to appeal.
The Regent of Perak Raja Nazrin Shah
has agreed to see Datuk Seri Nizar Jamaluddin on his request for dissolution of the Perak state legislature and the call for a fresh election.
The night of 11 May, the Pakatan Rakyat Perak executive council met and dismissed the state secretary and state legal adviser. Nizar announced his executive council would report for work the next day, and asserted that the 7 May sitting of the state assembly was invalid because it had been called by Zambry. By implication, this would prevent the Barisan-appointed Speaker from convening a new sitting of the state assembly.
On 12 May, Zambry filed his appeal at the Court of Appeal, which granted him a stay of execution
on the court ruling, allowing him to retain the post of Menteri Besar until his appeal is heard.
The constitutional crisis came to an indefinite end with Pakatan leaders having no choice but to obey the ruling. As a result, no fresh election was called and Zambry continues as Menteri Besar while Nizar became the opposition leader.
remarked that the Institution of the Perak and its constitution are breaking down. She also mentioned that the secretary of state does not have the power to interfere in the affair of the assembly nor does the police, while the speaker has the very rights within the constitution to exercise his power to call for an emergency sitting of the state assembly. She was also quoted saying “Our institutions, that is the courts, the police, et cetera, are being tested and we can judge for ourselves whether they are acting independently or not.”
Tengku Razaleigh Hamzah
, an UMNO politician veteran agreed with Pakatan MB to dissolve the state legislative and call for fresh state elections to resolve the political stalemate in Perak.
The Human Rights Commission (Suhakam) has joined the ever increasing chorus calling for fresh state elections to resolve the political stalemate in Perak.
Hardial Singh Khaira, a legal researcher, has done a full research on the The Dismissal and Appointment of Menteri Besars in Perak before any judgment was delivered on the Perak constitutional crisis by any Malaysian court and the full article can be viewed online.
Perak
Perak , one of the 13 states of Malaysia, is the second largest state in the Peninsular Malaysia bordering Kedah and Yala Province of Thailand to the north, Penang to the northwest, Kelantan and Pahang to the east, Selangor the Strait of Malacca to the south and west.Perak means silver in Malay...
state government formed in February 2009. It began when three Pakatan Rakyat
Pakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....
state legislators defected, causing a collapse of the state government. The Sultan of Perak
Azlan Shah of Perak
Duli Yang Maha Mulia Paduka Seri Sultan Azlan Muhibbuddin Shah ibni Almarhum Sultan Yusuff Izzuddin Shah Ghafarullah, GCB, KStJ is the current Sultan of Perak. He was the ninth Yang di-Pertuan Agong of Malaysia from 26 April 1989 to 25 April 1994...
then refused Menteri Besar Mohammad Nizar Jamaluddin
Mohammad Nizar Jamaluddin
Datuk Seri Ir. Haji Mohammad Nizar Jamaluddin is the former Menteri Besar of the Malaysian state of Perak, a post equivalent to a Chief Minister and Member of Malaysian Parliament for Bukit Gantang. Nizar is the secretary of the Perak's Branch Pan-Malaysian Islamic Party . Nizar was appointed as...
's request to dissolve the state assembly and call for new elections. Instead, Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
(BN), with support from the three defecting assemblymen, formed the new state government.
The BN state government's legitimacy and the Sultan's decision not to dissolve the state assembly was disputed vehemently by Pakatan Rakyat politicians. A series of battles in the courts ensued between Nizar and the new Menteri Besar, Zambry Abdul Kadir
Zambry Abdul Kadir
Dato' Seri Dr. Zambry Abdul Kadir is the current Menteri Besar of Perak and a Malaysian politician from the United Malays National Organisation , the leading party in the ruling Barisan Nasional coalition.-Education:-Perak Constitutional Crisis:...
. Ultimately, the Federal Court
Federal Court of Malaysia
The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya...
confirmed in February 2010 that Zambry was the lawful menteri besar.
Overview
The crisis in Perak began with the announcement by Barisan Nasional's Nasaruddin Hashim of his desire to cross the floor to Pakatan RakyatPakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....
. This was then followed by the re-defection of Nasaruddin to Barisan Nasional, and the declaration by three Pakatan Rakyat representatives, Deputy Speaker Hee Yit Foong
Hee Yit Foong
Hee Yit Foong is a Malaysian politician who is infamous for her role in the 2009 Perak constitutional crisis by resigning from the Democratic Action Party which she represented in the Malaysia General Election in 2008 and becoming an independent aligned with the ruling Barisan Nasional...
, senior state Executive Council member Jamaluddin Mohd. Radzi and Osman Jailu, of their intentions to sit as independents
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
while supporting the Barisan Nasional in confidence matters. The Sultan granted an audience to the Prime Minister (who is the head of Perak Barisan Nasional); at this meeting the PM claimed that the Barisan Nasional had the support of the majority of peoples elected representatives in the State Assembly. The Sultan ordered the PM to prove he had a majority. The PM left and returned later ( the same day ) with 31 elected members of the State Assembly all of whom told the sultan that they had no confinence in the Pakatan Rakyat
Pakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....
and that they would support a Barisan Nasional government.
Prior to the defections, Pakatan Rakyat had 32 representatives while Barisan Nasional had 27 representatives. The defections meant that the state now has 28 Pakatan Rakyat representatives, 28 Barisan Nasional representatives, and 3 independent representatives who pledged confidence to Barisan Nasional.
The morality of crossing the floor, the Sultan's power to dismiss the Menteri Besar (First Minister), the validity of pre-signed undated resignation letters, the powers of the Speaker of the House and power of the Election Commission were major issues of this constitutional crisis. In 11 May 2009, the Kuala Lumpur High Court ruled
Dato' Seri Ir Hj. Mohammad Nizar Bin Jamaluddin v. Dato' Dr. Zambry Bin Abd. Kadir
Dato' Seri Ir Hj. Mohammad Nizar Bin Jamaluddin v. Dato' Dr. Zambry Bin Abd. Kadir was a case decided in the High Court of Kuala Lumpur, Malaysia...
that the Sultan was not constitutionally permitted to dismiss the Menteri Besar, and that Nizar had always been the rightful head of the state government. On 22 May 2009, the Court of Appeal overturned the High Court decision, and confirmed that the Barisan Nasional which has sworn in a new chief minister and parliamentary speaker for Perak should remained in power.[74] Furthermore the Court of Appeal have found the trial judge to have erred in confusing the issue of whether the government lost the confidence of the majority of the house with the issue of whether the Sultan have the power to dismiss the government. However Zambry's position as Menteri Besar will not go unchallenged despite the ruling as Pakatan Rakyat leaders have indicated they intend to file an appeal.[75]
Defections
The crisis began on 25 January 2009 when a member of the Barisan Nasional coalition's main component party - UMNOUnited Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....
, Nasarudin Hashim
Nasarudin Hashim
Nasarudin Hashim is a Malaysian politician. A member of the Perak State Legislative Assembly, he is known for his key role in the constitutional crisis in the state in 2009...
announced his decision to leave the party and join the PKR
Parti Keadilan Rakyat
The People's Justice Party , often known simply as KeADILan) is a centrist political party in Malaysia formed in 2003 by a merger of the National Justice Party and the older Malaysian People's Party...
. Pakatan Rakyat
Pakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....
leader, Anwar Ibrahim
Anwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
made continued claims of the possibility of more Perak
Dewan Undangan Negeri Perak
The Perak State Legislative Assembly is the unicameral state legislature of the Malaysian state of Perak. It is composed of 59 members representing single-member districts throughout the state...
and also Federal
Dewan Rakyat
The Dewan Rakyat is the lower house of the Parliament of Malaysia. All bills must usually be passed by both the Dewan Rakyat and the Dewan Negara , before they are given Royal Assent by the Yang di-Pertuan Agong...
lawmakers from Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
to cross the floor to Pakatan Rakyat. Mohammad Nizar Jamaluddin
Mohammad Nizar Jamaluddin
Datuk Seri Ir. Haji Mohammad Nizar Jamaluddin is the former Menteri Besar of the Malaysian state of Perak, a post equivalent to a Chief Minister and Member of Malaysian Parliament for Bukit Gantang. Nizar is the secretary of the Perak's Branch Pan-Malaysian Islamic Party . Nizar was appointed as...
, the state's First Minister
Menteri Besar
The Menteri Besar is the chief executive of the state government for states in Malaysia with hereditary rulers. For states without a monarch, the title Chief Minister is used...
, also hinted at the possibility of another three state lawmakers from Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
to defect over to Pakatan Rakyat
Pakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....
. Nasarudin Hashim's defection angered the then Prime Minister Abdullah Ahmad Badawi
Abdullah Ahmad Badawi
Tun Abdullah bin Haji Ahmad Badawi is a Malaysian politician who served as Prime Minister from 2003 to 2009. He was also the President of the United Malays National Organisation , the largest political party in Malaysia, and led the governing Barisan Nasional parliamentary coalition...
, who chided Nasarudin for being weak and claimed that Nasarudin's defection was because Nasarudin was disappointed in not being offered any senior party posts. Nasarudin rebutted the Prime Minister's statement and claimed his decision was due to the mood of his constituents. On 29 January 2009 then Finance Minister Najib Razak took over from Mohammad Tajol Rosli Ghazali as the Perak
Perak
Perak , one of the 13 states of Malaysia, is the second largest state in the Peninsular Malaysia bordering Kedah and Yala Province of Thailand to the north, Penang to the northwest, Kelantan and Pahang to the east, Selangor the Strait of Malacca to the south and west.Perak means silver in Malay...
UMNO
United Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....
chief, as Tajol Rosli resigned over Nasaruddin's party shift.
On 30 January 2009 two state assemblymen from PKR, senior state exco member and one time candidate for First Minister Jamaluddin Mat Radzi and Mohd Osman Jailu, who were both previously accused of corruption went missing from their homes. The State Assembly speaker V. Sivakumar
V. Sivakumar
Sivakumar Varatharaju Naidu better known as V. Sivakumar is a Malaysian politician from Perak, and the current Speaker of the Perak State Assembly...
of the DAP
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...
then declared the seats held by Jamaluddin and Osman vacant and informed the Election Commission to initiate a by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
in the two ridings. On 2 February 2009 both assemblymen reappeared and declared themselves independent of assemblymen while pledging support for Barisan Nasional in confidence matters. The Election Commission then decided to not heed the speaker's requests and states that no by-elections would be held for the seats held by Jamaluddin and Osman.
The deputy speaker of the state assembly from the DAP Hee Yit Foong
Hee Yit Foong
Hee Yit Foong is a Malaysian politician who is infamous for her role in the 2009 Perak constitutional crisis by resigning from the Democratic Action Party which she represented in the Malaysia General Election in 2008 and becoming an independent aligned with the ruling Barisan Nasional...
declared herself independent on 3 February 2009 with the same terms as Jamaluddin and Osman - supporting Barisan Nasional in matters of confidence. Nizar had an audience with the Sultan of Perak
Sultan of Perak
Sultan of Perak is one of the oldest hereditary seats among the Malay states.When the Sultanate of Malacca empire fell to Portugal in 1511, Sultan Mahmud Syah I retreated to Kampar, Sumatra and died there in 1528. He left behind two princes named Sultan Alauddin Riayat Shah II and Sultan Muzaffar...
Sultan Azlan Shah and requested a dissolution of the state assembly to pave way for a snap election
Snap election
A snap election is an election called earlier than expected. Generally it refers to an election in a parliamentary system called when not required , usually to capitalize on a unique electoral opportunity or to decide a pressing issue...
on 4 January 2009. Najib in his capacity as Perak UMNO chief had an audience with Sultan Azlan Shah together with Hee, Jamaluddin and Osman. The latest Pakatan Rakyat lawmaker Nasaruddin announced his return to UMNO citing that "[He] want[s] stability in Perak." Najib, then sought royal consent for Barisan Nasional to form the new government.
An almost similar scenario occurred in the state of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
following the 1994 state election
Sabah state election, 1994
The 1994 Sabah state election was held in February that year in the Malaysian state of Sabah. The election was one of the most controversial election in Sabah's political history. The election was won by the opposition party Parti Bersatu Sabah , winning 25 state electorates against 23 won by the...
whereby Parti Bersatu Sabah
Parti Bersatu Sabah
The Parti Bersatu Sabah is a political party in Sabah, east Malaysia. It was registered as a political party on March 5, 1985...
(PBS) won 25 seats against 23 won by Barisan Nasional. Defections by representatives of PBS into Barisan Nasional gave the latter the requisite majority to form government in Sabah.
New state government
The Sultan Azlan Shah announced his decision to refuse Nizar's request for a dissolution of the state assembly and asked Nizar and his cabinet to resign, citing his discretion under Article XVIII (2)(b) of the Perak State Constitution after being satisfied that Nizar no longer commanded the support of the majority in the house of assembly. DAP advisor, Lim Kit Siang, charged that the sultan was obliged to act on the advice of the Menteri Besar and call fresh elections, citing Article 16(6) of the Perak State Constitution.Nizar refused to resign and asked the sultan to reconsider and dissolve the assembly, citing reasons of democracy, with backing from leaders of Pakatan Rakyat. The police cordoned off the state secretariat building and demanded Nizar's cabinet to vacate the building. Later in the evening, the sultan asked Zambry Abdul Kadir
Zambry Abdul Kadir
Dato' Seri Dr. Zambry Abdul Kadir is the current Menteri Besar of Perak and a Malaysian politician from the United Malays National Organisation , the leading party in the ruling Barisan Nasional coalition.-Education:-Perak Constitutional Crisis:...
to form the next government, removed Nizar from the office of Menteri Besar and swore in Zambry as the new First Minister on 6 February 2009.
In the morning of 6 February 2009, Nizar and his exco members returned to the Menteri Besar's office to find that their offices were cleared. Nizar held a press conference in the office premises along with his exco, but were promptly ordered to leave by the state secretary on grounds that they had breached an earlier agreement to only take his personal belongings. Nizar was escorted out of the office by the police 45 minutes later. Some members of the Bar Council defended the sultan's decision saying that His Majesty had acted within the state constitutional provisions while Information Minister Ahmad Shabery Cheek
Ahmad Shabery Cheek
YB. Dato' Sri Ahmad Shabery Cheek is a Malaysian politician. He is the Minister of Youth and Sports in the Barisan Nasional coalition government, and sits in Parliament as the member for Kemaman, Terengganu...
claimed that Nizar's refusal to resign was act of treason.
Zambry was sworn in as the new Menteri Besar of Perak at 4.08pm that day. The ceremony was attended by members of the Barisan Nasional, including Najib, who arrived in the royal palace, Istana Iskandariah
Istana Iskandariah
Istana Iskandariah is the royal palace of the Perak Sultanate and the official residence of the Sultan of Perak since its completion in 1933. It is located in the royal town of Kuala Kangsar, in the state of Perak, Malaysia....
, Kuala Kangsar
Kuala Kangsar
Kuala Kangsar is the royal town of Perak, Malaysia, located at the downstream of Kangsar River, where it flows into the Perak River. It is the main town in the administrative district of Kuala Kangsar.-History:...
under heavy security. Supporters of the Pakatan Rakyat amassed in large number outside the palace to protest the swearing in of Zambry. Anwar Ibrahim challenged the legitimacy of Zambry's appointment by stating that Nizar still remains the Menteri Besar, as guaranteed by the state constitutional provisions, while Nizar continued his call for a motion of no confidence to be held in the assembly sitting before he steps down. Nizar called for the resignation of Zambry and stated his desire to file an application at the High Court and declare his appointment as unconstitutional. Nizar and other members of the Pakatan administration returned to the Menteri Besar official residence on 7 February and went ahead of to approve three new policies in Perak.
Litigation
DAP chairman and Bukit GelugorBukit Gelugor
Bukit Gelugor is a residential neighbourhood in Penang, Malaysia, located just north of Gelugor Village. The name literally translates as 'Gelugor Hill' in the Malay language. The area was one of the oldest suburban housing areas in Penang, and has many old colonial-style bungalows that are still...
MP Karpal Singh
Karpal Singh
Karpal Singh is a Malaysian lawyer and politician, who has been the Member of Parliament for the neighbourhood of Bukit Gelugor in the state of Penang since 2004...
issued a notice that he will file a lawsuit against the sultan and the new Barisan Nasional state government for acting beyond the state Constitution. Since the Election Commission had ruled that there was doubt over the vacancy of the state seats of Changkat Jering and Behrang (held by Osman Jailu and Jamaluddin Mohd Radzi respectively) after the pre-signed letters submitted by Assembly Speaker V. Sivakumar in relation to their resignation were contradicted by denials from both assemblymen, it triggered the provision of Article 33 (1). The provision stated that "if any question arises whether a member of the state Legislative Assembly has become disqualified for membership, the decision of the assembly shall be taken and shall be final". Mohammad Nizar Jamaluddin also filed an application at the High Court to declare the swearing in of Zambry Abdul Kadir as unconstitutional and illegal.
Before the sitting
According to Nizar's senior exco member Ngeh Koo HamNgeh Koo Ham
Yang Berhormat Dato' Ngeh Koo Ham , born in 1961, is a native of Ayer Tawar, Perak, Malaysia. He is a member of the Democratic Action Party in Malaysia, which is a member of Socialist International...
, the Perak state legal advisor, Ahmad Kamal Mohd Shahid was trying to block state representatives from being notified of an emergency sitting of the state assembly on 3 March. He mentioned that this obstruction was in “contempt of the house” and liable for punishment under house rules.
The sitting
Because the assemblypersons were barred from entering the building, Sivakumar declared the parking lot of the State Secretariat building as the meeting place. The assembly met under a tree in the parking lot, which would later be known as the Democracy treeDemocracy tree
The Democracy Tree is a rain tree noted as the venue where 27 Perak state lawmakers from Pakatan Rakyat comprising Democratic Action Party, Parti Islam Se-Malaysia and Parti Keadilan Rakyat, held an 'emergency assembly' on 3 March 2009. The tree was located about 100m from the Perak Darul Ridzuan...
. All the three motions were debated and passed unanimously, 27-0.
1BlackMalaysia protest and arrests
The Coalition for Free and Fair Elections (Bersih) urged Malaysians to wear black on 7 May, to protest the "ongoing Perak coup" by the Barisan Nasional government."It will be a peaceful but powerful message of civil disobedience: that we, the people, are the politicians' bosses and no politician defiant of public opinion can escape punishment at the next poll," said Bersih representative Wong Chin Huat
Wong Chin Huat
Wong Chin Huat is a Malaysian political scientist, an university lecturer, a political activist and a columnist.Obtaining his undergraduate degree from Universiti Malaya, he completed his Master's degree at Universiti Kebangsaan Malaysia and is finishing his PhD on electoral system and party...
at the launch of the 1BLACKMalaysia campaign on 5 May.
That evening, Wong was arrested for sedition for writing several articles, including on the 1BLACKMalaysia campaign.
Security was tight around the state secretariat building where the state assembly is housed. The police cordoned off the roads in the areas from the night before the sitting on 7 May.
The police warned political party supporters not to create tension by dressing in black and gathering illegally in protest of the Perak state assembly sitting.
That didn't stop the supporters from showing up, dressed in black. Even before the sitting began, the police had arrested at dozens of people.
High Court rules takeover illegal
On 11 May 2009, the High CourtHigh Courts of Malaysia
The High Courts in Malaysia are the third-highest courts in the hierarchy of courts, after the Federal Court and the Court of Appeal. Article 121 of the Constitution of Malaysia provides that there shall be two High Courts of coordinate jurisdiction—the High Court in Malaya and the High Court...
of Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
ruled that, since there had been no vote of no confidence in the state assembly, the Barisan Nasional takeover was "illegal" and the Pakatan Rakyat's Mohd Nizar Jamaluddin still held office. The opposition is expected to call for fresh elections, while the ruling party has vowed to appeal.
The Regent of Perak Raja Nazrin Shah
Raja Nazrin Shah
Raja Dr Nazrin Shah ibni Sultan Azlan Muhibbuddin Shah is the Raja Muda of Perak. He is the eldest son of the current Sultan of Perak, Sultan Azlan Muhibbudin Shah ibni Almarhum Sultan Yusuff Izzudin Shah Ghafarullahu-lahu and the Raja Permaisuri of Perak Tuanku Bainun Binti Mohd...
has agreed to see Datuk Seri Nizar Jamaluddin on his request for dissolution of the Perak state legislature and the call for a fresh election.
The night of 11 May, the Pakatan Rakyat Perak executive council met and dismissed the state secretary and state legal adviser. Nizar announced his executive council would report for work the next day, and asserted that the 7 May sitting of the state assembly was invalid because it had been called by Zambry. By implication, this would prevent the Barisan-appointed Speaker from convening a new sitting of the state assembly.
On 12 May, Zambry filed his appeal at the Court of Appeal, which granted him a stay of execution
Stay of execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed....
on the court ruling, allowing him to retain the post of Menteri Besar until his appeal is heard.
Overturning of the High Court verdict
The Court of Appeal overturned the High Court decision and held that Zambry the lawful Menteri Besar. The Court of Appeal's verdict was upheld by the Federal Court with a 5-0 verdict in February 2010.The constitutional crisis came to an indefinite end with Pakatan leaders having no choice but to obey the ruling. As a result, no fresh election was called and Zambry continues as Menteri Besar while Nizar became the opposition leader.
Comments and interpretations of the constitutional crisis
On 2 March 2009, the president of the Malaysian Bar Council, Ambiga SreenevasanAmbiga Sreenevasan
Dato' Ambiga Sreenevasan is a Malaysian lawyer who served as the President of the Malaysian Bar Council from 2007 to 2009. She is a former student of Convent Bukit Nanas and served as the Head Prefect in 1975....
remarked that the Institution of the Perak and its constitution are breaking down. She also mentioned that the secretary of state does not have the power to interfere in the affair of the assembly nor does the police, while the speaker has the very rights within the constitution to exercise his power to call for an emergency sitting of the state assembly. She was also quoted saying “Our institutions, that is the courts, the police, et cetera, are being tested and we can judge for ourselves whether they are acting independently or not.”
Tengku Razaleigh Hamzah
Tengku Razaleigh Hamzah
Tan Sri Tengku Razaleigh bin Tengku Mohd Hamzah is a major Malaysian political figure from the state of Kelantan, and a former Finance Minister. He is an uncle of the current Raja Perempuan of Kelantan. Tengku is a Malay hereditary title usually translated as prince...
, an UMNO politician veteran agreed with Pakatan MB to dissolve the state legislative and call for fresh state elections to resolve the political stalemate in Perak.
The Human Rights Commission (Suhakam) has joined the ever increasing chorus calling for fresh state elections to resolve the political stalemate in Perak.
Hardial Singh Khaira, a legal researcher, has done a full research on the The Dismissal and Appointment of Menteri Besars in Perak before any judgment was delivered on the Perak constitutional crisis by any Malaysian court and the full article can be viewed online.