Perak Crisis: UMNO's Strangle-hold of the JUDICIARY Versus Pakatan Rakyat's LEGISLATURE with the Mandate of the RakyatRead here for more in malaysiakiniAs early as 4th March 2009, long BEFORE the Perak Crisis went before the Federal Court, we had posted the following:"... It is becoming clear that the success of the UMNO-led Government's nomination of Zaki Azmi to be the Chief Justice of Malaya is now paying HUGE dividends to UMNO in the current Constitutional Crisis in Perak.
It is ALL politics, and LITTLE about the Law and the Constitution.
The Judiciary has, by default, become an arm of the Executive. This is evidenced by the latest (High) Court's decisions seen as thwarting every move to hinder the mandates of the Perak State Legislature.
Would any of the judges now sitting on the Bench under the charge of Chief Justice Zaki Azmi will have the courage to adjudicate against the political interests of UMNO?
Pakatan Rakyat and any forces going against the political interest of UMNO when it is still at the helm of government, WILL LOSE.
Here is why: The current Chief Justice Zaki Azmi who was appointed as Chief Justice of Malaya on 21st October, 2008, was an UMNO member and served as a Legal Advisor to UMNO. His previous position in UMNO was as the Chairman of UMNO's Disciplinary Committee.
His ties to UMNO is too deep for him to ensure the independence of the judiciary especially in cases involving the interest of UMNO or UMNO cronies. He has only served the judiciary for less than 5 years in total before becoming the Chief Justice, an unprecedented leap-frogging to the top post in the Judiciary with help of the UMNO-led Government.
Asia Sentinel reported on 7 December, 2007: ".. As UMNO’s legal man, Tan Sri Zaki Azmi was involved with the UMNO's myriad scandalous financial misadventures that were bailed out by the government in the heydays of former Prime Minister Mahathir’s crony-capitalism during the last Asian financial crisis."
UMNO/BN-installed Menteri Besar, Zambry Abdul Kadir, filed an application directly to the Federal Court again to firmly declare him to be the rightful Perak menteri besar. He filed the application through the law firm of Zul Rafique and Partners.
In his affidavit to the Federal Court, Zambry claimed that the matter concerns interpretation of Article 16(2) and Article 16(6) of the Perak constitution involving the removal and appointment of a menteri besar.
He wants the Federal Court's intervention to interpret Article 16(2) and Article 16(6) of the Perak constitution :
(a) Whether Sultan Azlan Shah has the right NOT to accede to Mohd Nizar's request for the dissolution of the Perak assembly, when he (Mohd Nizar) ceased to command the confidence of the majority of the assembly;If the Federal Court says yes to the above, he wants the Federal Court to declar that he (Zambry) was a duly appointed the menteri besar on Feb 6, 2009. He is also seeking costs and other relief deemed necessary for the application.
(b) When the sultan declines to accede to Mohd Nizar's request, whether it constitute to his (Mohd Nizar) resignation and that of his state exco members; and
(c) Whether when Mohd Nizar refused to tender his resignation, his majesty had the right to appoint Zambry pursuant to Article 16(2) of the Perak constitution after the sultan is satisfied that he (Zambry) commands the confidence of the assembly.
Mohd Nizar's Earlier Application for Judicial Review
On Feb 13, Nizar filed an application challenging Zambry's appointment. He made several declarations pertaining to the interpretation of Article 16(6) of the Perak Constitution.
In his application, Mohd Nizar claimed to be the rightful Perak menteri besar on the grounds that :
- there was no dissolution of the state legislature,
- no motion of no-confidence was taken in the house against him and
- he did not resign from the post.
THE JUDGES IN THE FEDERAL COURT
- Tan Sri Dato' Seri Zaki bin Tun Azmi
Chief Justice Of The Federal Court, Malaysia
- Dato' Nik Hashim bin Nik Ab. Rahman
- Dato' Sri Augustine Paul a/l Sinnappen
- Dato' Abdul Aziz bin Mohamad
- Dato' Haji Hashim bin Dato' Haji Yusoff
- Dato' Zulkefli bin Ahmad Makinudin
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