From Malaysiakini - Perak tussle: Umno seeks QC's opinion:
Umno is seeking the opinion of a Queen’s Counsel (QC) on the constitutional issues which have bedeviled Barisan Nasional’s takeover of the Perak state government from Pakatan Rakyat. A senior constitutional lawyer left Kuala Lumpur yesterday for London to engage the services of a QC on behalf of Umno to advise the party on a host of questions that is roiling debate in the country...Mohd Nizar has subsequently gone to court seeking an interpretation of the Perak constitution on whether the menteri besar’s post can be vacated when:
(a) The menteri besar had advised the ruler on dissolution of the state legislative assembly;
(b) There was no dissolution of the assembly;
(c) There was no motion of confidence against the menteri besar in the state legislative assembly;
(d) The menteri besar did not resign.
...
Sources say the QC that will be engaged by Umno is likely to be someone who has already appeared in the courts here in a span going back almost three decades.
It is believed that a QC who has appeared in cases in Singapore is also on the shortlist.
Three high-profile QCs who have previously appeared in Malaysia and Singapore to argue on complex issues of law have been Michael Beloff, Anthony Lester and Geoffrey Robertson.
Lester was engaged by the Parti Bersatu Sabah (PBS) as counsel when the late Mustapha Datu Harun sued Sabah governor Adnan Roberts and Chief Minister Pairin Kitingan for restoration as chief minister in 1985. Mustapha lost the case.
The judgment handed down was then viewed as having established the precedents that a ruler can appoint as chief minister a member of the legislative assembly who in his opinion commands the confidence of a majority in the House, and that once appointed, a chief minister is obliged to quit if he loses a no-confidence motion in the legislature.
MY 5-SEN QC:
Based on my limited layman's understanding on the above para, it tells me that 'Sultan Perak can appoint Zambry (a member of the legislative assembly) who in the Sultan's opinion commands the confidence of a majority in the House as chief minister, and that once appointed, Nizar is obliged to quit if he loses a no-confidence motion in the legislature.
Ladies and gentleman, based on the above para, my personal opinion is that Nizar is still the legitimate Menteri Besar of Perak. Reason being there is no motion of confidence against him, much less losing a no-confidence in the legislature.
Umno is seeking the opinion of a Queen’s Counsel (QC) on the constitutional issues which have bedeviled Barisan Nasional’s takeover of the Perak state government from Pakatan Rakyat. A senior constitutional lawyer left Kuala Lumpur yesterday for London to engage the services of a QC on behalf of Umno to advise the party on a host of questions that is roiling debate in the country...Mohd Nizar has subsequently gone to court seeking an interpretation of the Perak constitution on whether the menteri besar’s post can be vacated when:
(a) The menteri besar had advised the ruler on dissolution of the state legislative assembly;
(b) There was no dissolution of the assembly;
(c) There was no motion of confidence against the menteri besar in the state legislative assembly;
(d) The menteri besar did not resign.
...
Sources say the QC that will be engaged by Umno is likely to be someone who has already appeared in the courts here in a span going back almost three decades.
It is believed that a QC who has appeared in cases in Singapore is also on the shortlist.
Three high-profile QCs who have previously appeared in Malaysia and Singapore to argue on complex issues of law have been Michael Beloff, Anthony Lester and Geoffrey Robertson.
Lester was engaged by the Parti Bersatu Sabah (PBS) as counsel when the late Mustapha Datu Harun sued Sabah governor Adnan Roberts and Chief Minister Pairin Kitingan for restoration as chief minister in 1985. Mustapha lost the case.
The judgment handed down was then viewed as having established the precedents that a ruler can appoint as chief minister a member of the legislative assembly who in his opinion commands the confidence of a majority in the House, and that once appointed, a chief minister is obliged to quit if he loses a no-confidence motion in the legislature.
MY 5-SEN QC:
Based on my limited layman's understanding on the above para, it tells me that 'Sultan Perak can appoint Zambry (a member of the legislative assembly) who in the Sultan's opinion commands the confidence of a majority in the House as chief minister, and that once appointed, Nizar is obliged to quit if he loses a no-confidence motion in the legislature.
Ladies and gentleman, based on the above para, my personal opinion is that Nizar is still the legitimate Menteri Besar of Perak. Reason being there is no motion of confidence against him, much less losing a no-confidence in the legislature.
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