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The Rakyats Say NO to Zambry online and offline Campaign

What is the real issue?

IF a sultan can sack a Menteri Besar without going to assembly hall, our Agong can sack Najib as Malaysian PM with the same reason without getting approval from the parliament in future.

Malaysians either BN, PR and neutral supporters should united as one and against this unconstitutional move by the Perak Sultan. This is a very dangerous precedent !

Dismissal of Mentri Besar: The Constitution of Perak in Article 16(7) states that a member of the Executive Council other than the MB shall hold office at the Sultan’s pleasure. This implies that an MB cannot be dismissed except by a vote of no confidence in the assembly.

The problem is Article 16(6) states that if an MB loses confidence then he has two choices. First, advise dissolution and second, if that request is denied, then resign. There is a lacuna in the law. What if an MB loses the confidence of the Assembly, is denied dissolution, but refuses to step down?

Can the Sultan dismiss him? It is submitted that life is always larger than the law. There are always unchartered territories. If an MB who has lost confidence, and is refused dissolution, is shameless enough not to walk away, then the Sultan would be justified in dismissing him, Article 16(7) notwithstanding.

But in Perak this was not the case. The question of losing confidence was not constitutionally investigated. There are many triable issues and the courts must accept the gauntlet.

This article articulates Perak debacle from the legal aspect, a good read >>>

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Photo courtesy to Anil blog

Women in Black in Ipoh: Photo courtesy to Anil blog

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Blog Owner says:

IF our Agong appoints Anwar as a new PM to replace Najib through a closed door consultation with MPs, I am sincerely hope that Najib and UMNO can accept Agong’s decision obediently.

A Chinese saying with a same meaning, “塞翁失马,焉知非福”

ktteokt says:

Despite being a lawyer and judge prior to ascending the throne in Perak, HRH’s unconstitutional decision was truly a surprise to everyone. But this may be a blessing in disguise as what you have said may be true, it sets a precedent for take overs later! So I guess PR should take this as a blessing.