14 May, 2009


I refer to the recent constitutional crisis in Perak and the challenge by Dato Seri Anwar Ibrahim to Dato Seri Najib Tun Razak to dissolve the Perak State Assembly for a fresh state election (as seen in his blog posting today at http://anwaribrahimblog.com/2009/05/14/anwar-cabar-najib-adakan-praya-di-perak/).

In my personal view, such a challenge is premature at this juncture as:-

1. a lot of Pakatan Rakyat leaders have expressed their doubt on the legitimacy of Dato Seri Dr Zambry Abd Kadir as Menteri Besar of Perak based on the High Court decision which proclaimed Dato Seri Mohammad Nizar Jamaluddin as the rightful Menteri Besar of Perak and have questioned the validity of the stay of proceeding granted against the High Court decision pending an appeal to the Court of Appeal;

2. before the dissolution of the State Assembly, it is important to determine who is the legitimate Menteri Besar, who is thus entitled to advise the Sultan of Perak for the dissolution of the State Assembly under Article 16(6) of the Perak Constitution FAILING WHICH any call for the dissolution of State Assembly by the person purporting to be the Menteri Besar of Perak could be challenged again in the court, by the losing party of the fresh state election;

3. as the matters pertaining to the legitimacy of the Menteri Besar Perak are currently being brought to the Court of Appeal, it is only right that the matter should first be resolved at the judiciary level to avoid any future complications; and

4. with due respect, I feel that the Royal Highness Sultan of Perak should consider this factor before deciding to dissolve the state assembly of Perak.

For the avoidance of doubt, the above are my personal views, which I felt need to be highlighted so as to avoid future complications after any fresh state election in Perak.