Zambry vs Sivakumar: Court revokes suspension

The Federal Court today lifted Perak speaker V Sivakumar's suspension order against BN Menteri Besar Zambry Abd Kadir and his six executive council members from the state assembly.

In a unanimous decision, the five-member panel led by Court of Appeal President Allaudin Mohd Sheriff ruled that Perak speaker V Sivakumar had acted beyond his powers in issuing the suspensions.

With the lifting of the suspension, Zambry has avoided a near calamity for Perak Barisan Nasional as he can now seek the sultan’s consent to convene a state assembly sitting before the May 13 deadline.

Under the Perak constitution, a state assembly sitting must be held every six months. The last sitting was held on Nov 13 last year. Should the deadline not be met, it is assumed that the assembly must be automatically dissolved.

The case today arose from Sivakumar’s Feb 18 decision to suspend Zambry and six others from the state assembly, 18 and 12 months respectively, following a Perak state assembly's special privileges committee inquiry.

At the time, Sivakumar said that the decision was reached because the seven failed to explain “their contempt of the state assembly” by declaring themselves menteri besar and excos.

The court this morning found that Sivakumar had acted beyond his powers to issue the suspension order based on the state assembly's standing orders.

Justice Alauddin announced the unanimous decision after a 50-minute recess.

"We are exercising our powers based on Article 63 of the Perak constitution to dispose of the notice of motion to the pending cases (i.e. the Zambry and six exco's versus Sivakumar and the three independent assemblypersons suit against Sivakumar)," he said.

Alauddin did not make an order as to costs of the action.

Zambry to submit notice

Following the ruling, the suspension order was lifted but the apex court did not decide on matters pertaining to charges levelled on Zambry for his suspension, and the ‘tree' assembly which adopted the suspension.

Among the offences listed by the speaker on the seven were that they had unlawfully become menteri besar and exco members, they had unlawfully occupied or were in possession of the state offices and had committed contempt.

The other judges were Chief Judge of Malaya justice Ariffin Zakaria and Federal Court judges Nik Hashim Nik Ab Rahman, S Augustine Paul and Zulkefli Ahmad Makinuddin.

Alauddin also thanked all parties for their informative and knowledgeable submission.

Earlier the panel of judges heard submission in reply from Sivakumar's lead counsel Sulaiman Abdullah.

With this landmark decision, Zambry and his six exco members namely - Zainol Fadzi Paharuddin, Ramly Zahari, Hamidah Osman, Saarani Mohamad, Mohd Zahir Abdul Khalid and Dr Mah Hang Soon - will be able to attend the seating which has to be called before May 13.

In a separate development, Zambry said he would be submitting a notice to the assembly soon to call for a sitting.

Zambry was represented by Firoz Hussein Ahmad Jamaluddin and Mohd Hafarizam Harun. Attorney General Abdul Gani Patail was also present to assist the court in interpreting the constitution.

Firoz: A landmark decision

Hafarizam ( photo ) said today's decision confirmed that Zambry and the exco members' appointments were not in contempt of the assembly.

Firoz said this was a landmark decision as never before "have we had a direct case of such constitutional importance and issue before the court concerning the speaker and the legislature".

"This is to ensure that the state government and the speaker have to act in accordance with the state constitution," he said.

Hafarizam added that ousted menteri besar Mohd Nizar Jamaluddin must take heed of today's decision.

"Do not create chaos, we want constitutional order back. We hope that this matter would be settled once the assembly is called before May 13, depending on the consent of the Sultan of Perak," he said.

He also hoped with the court's decision today would prompt Nizar to drop his application for a judicial review at the Kuala Lumpur High Court on the legitimacy of Zambry's appointment. That matter is scheduled to be heard on May 4.

Sulaiman ( photo ) meanwhile said there were no victors or losers in the case although this was a landmark decision.

"I am not downhearted. My client still has a moral victory being morally right on his side. We are not saying that there is no remedy. We are saying go back to the assembly and challenge the speaker.

"If you are not satisfied, dissolve the assembly, go back to the people and let the people decide. In the end, the people are the ultimate judges. We have always maintained that," he said

Asked if he would be filing for a review, Sulaiman said he would seek further instructions from his client.