Thursday, May 14, 2009

Perak Menteri Besar

The Perak Fiasco has been like roller coaster, going up and down, swinging left and right, diving down from the peak and thrusting up to the sky.

Layman like me got blur with all the legal terms, definitions, legitimacy of who is really the Menteri Besar..

To teach myself a good and free legal lesson of which you probably wont have such case before, and will never have it repeated, as Chinese says "never had someone before, and there'll be no one in the future" or "前无古人、後无来者" - I translated it literally as I am poor in English (not the worst I guess, as I did not ever in my life pronounce ELECTION as ERECTION, and have it screen live on TVs worldwide).

So let's see what I learned from the past few days of Perak excitement:

1. YAB Dato' Seri Nizar was granted, or rather affirmed by the High Court that he is the legitimate Menteri Besar of Perak at all material time.

What does this mean?

This means that YAB Dato' Seri Nizar is the ONE and ONLY Menteri Besar for Perak. Of course there should not be another Menteri Besar as Perak's Constitution made it clear that there's ONLY ONE Menteri Besar.

2. ZamZam (aka Zamzam Gandhi Mandela or Zamzam Mandela Gandhi or any of the 9 combinations) filed to Court of Appeal for a "Stay Execution", meaning Zamzam is seeking the Court of Appeal to hold on to the ruling from the High Court that YAB Dato' Seri Nizar is the legitimate Menteri Besar of Perak at all material time.

Note that the ruling from High Court stated "YAB Dato' Seri Nizar is the legitimate Menteri Besar of Perak at all material time"

By doing so, Zamzam hopes that he can restrain YAB Dato' Seri Nizar from performing his duty as Menteri Besar of Perak, and the Court of Appeal duly granted a "Stay Execution" in favour to Zamzam.

Now, with "Stay Execution", Zamzam assumed that he is the Menteri Besar.

However, my pea-size brain (I picked this from one of Zamzam's legal team, look elsewhere for the answer, clue: Who exchanged the infamous SMSes with current PM back in year 2006?) tells me otherwise.

It is a "Stay Execution", meaning that it defers the High Court judgement pertaining to affirming that "YAB Dato' Seri Nizar is the legitimate Menteri Besar of Perak at all material time" - this again, my understanding of what "Stay Execution" is all about.

When further digging into Perak's Constitution, which detailed how should a Menteri Besar relinquish its position, i.e. if the Menteri Besar resign, or if the Meteri Besar dissolve the State Assembly after obtaining Royal consent.

So, should YAB Dato' Seri Nizar resigned, or obtained the Royal consent to dissolve the Assembly, then the position of Menteri Besar is vacated, then anyone, including himself, can seek for the Assembly's support to be the next Menteri Besar.

In the event where election is held, Menteri Besar should be the state assembly person nominated by the Assembly, ie secured the confidence of the majority in the Assembly.

YAB Dato' Seri Nizar did not resign, neither did he dissolved the Assembly with Royal consent, this means that he is still the legitimate Menteri Besar, with or without the High Court's ruling.

This means, Zamzam is never the Menteri Besar, as there should be not more than ONE Menteri Besar for the state of Perak.

If Zamzam is never the Menteri Besar, in what capacity he can assumed himself as the Menteri Besar after obtaining the "Stay Execution"?

The "Stay Execution" merely defer the High Court judgement, of which, with or without the judgement, YAB Dato' Seri Nizar is the Menteri Besar since he did not resign, and the Assembly is not resolved.

Even if the "Stay Execution" does have effect on YAB Dato' Seri Nizar to act as the Menteri Besar, the appropriate outcome should be:

The position of Menteri Besar is suspended temporarily pending further decision from the Courts. Whether the Courts are empowered by the Laws to suspend a Menteri Besar is yet to be tested.

If the position of Menteri Besar is suspended, naturally the next in line should assume Menteri Besar's functions until the legal matter clears, which again, cannot be Zamzam as he is not a member of the State Government.

I did come across news reporting that Zamzam & Co intended to table a motion of no confidence towards YAB Dato' Seri Nizar, as the Menteri Besar of Perak.

It is getting interesting as I read the action by Zamzam & Co as:

Zamzam & Co recognises YAB Dato' Seri Nizar as the legitimate Menteri Besar. If not, why bother to table the motion of no confidence, or if not doing, but keeping the option open is already publicly admitted that Zamzam is never the Menteri Besar.

I am getting myself a little confused with Menteri Besar here or there, now my conclusion.

As I did mention, this is not a professional findings, but merely from what I have learned the past few days, that

Zamzam is never the Menteri Besar of Perak, full stop!

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