Wednesday, 13 May 2009

Published May 12, 2009

KL court rebuffs BN in tussle for control of Perak

(KUALA LUMPUR) Malaysia's ruling Barisan Nasional (BN) coalition was dealt a major blow yesterday when a court ruled that its takeover of a northern state was illegal and that the Opposition was still in charge.

Mr Nizar: The court ruled that only a no-confidence vote in the assembly can remove him from his post

Perak state has been in political limbo since February, when the BN, which rules nationally, tried to oust the Pakatan Rakyat opposition alliance which won the state in elections last year.

After defections cost the Opposition its balance of power, the coalition ruled out holding fresh polls and installed its own leadership - a move which triggered brawling and protests at the state assembly last week.

However, High Court Justice Abdul Aziz Abdul Rahim ruled yesterday that the Pakatan Rakyat's Nizar Jamaluddin was still the rightful chief minister (CM) despite being sacked by the state's sultan.

'He is, and was, at all material times the chief minister of Perak,' Justice Abdul Aziz told the court, saying that Mr Nizar could be dismissed only by a no-confidence vote in the assembly.

Prime Minister Najib Razak said that the government would appeal against the decision. 'We feel we have a strong case,' he was quoted as saying by the official Bernama news agency.

But Malaysia's top legal body warned against a lengthy legal process and said that only new elections would resolve the impasse.

'Power has to be returned to where it rightly belongs - in the hands of the people,' the Bar Council said in a statement.

Mr Nizar, who had been forced to vacate his office and official residence, said that the Opposition would meet with the sultan and ask him to dissolve the assembly to pave the way for a state-wide ballot.

'It is a historic day for all who love democracy and will be remembered for years and years to come,' he said in a statement.

Political pundits say that Pakatan Rakyat has a very good chance of reclaiming the state in new elections.

A defeat would be another humiliation for the Barisan Nasional, which suffered unprecedented losses in a general election a year ago, and has lost a string of by-elections since then.

The Pakatan Rakyat won five states and a third of parliamentary seats in the March 2008 polls - its best performance since Independence half a century ago - and another victory in Perak would help it maintain momentum.

Husam Musa, vice-president of the Islamic party PAS, which is a member of the Opposition alliance, said that he hoped the Perak sultan would now give his consent for new polls.

'It is not about whether we are confident of winning the state again or not, but it is a matter of principle for us to go back to the voters to resolve the political impasse that has existed for the past three months,' he told AFP.

There were chaotic scenes in the Perak state capital Ipoh last Thursday as the assembly convened for the first time since February. Legislators scuffled and hurled insults while dozens of protesters were arrested outside.

The Speaker, V Sivakumar, was forcibly removed from his chair and dragged out of the assembly, triggering a melee as Opposition legislators tried to shield him. -- AP

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