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Perak DAP insists crisis persists despite Federal Court ruling

Posted in Uncategorized by malaysiasms on April 17, 2009

Malaysia Today

(NST) – It’s not over. The Perak DAP is insisting that the political crisis in the state remains although the Federal Court has declared that the speaker’s decision to suspend Menteri Besar Datuk Dr Zambry Abdul Kadir and his six executive councillors was null and void.

DAP Perak chairman Datuk Ngeh Koo Ham said the court did not rule on the “under the tree” legislative meeting which had endorsed the speaker’s suspension order.

He said the court decision had created more confusion and had also interfered in the legislative assembly’s proceedings.

“Whatever was decided today (yesterday) can be ignored by the legislative assembly because it is only a declaration and not a mandamus (to order a positive act) or certiorari (to quash an order),” he said.

Ngeh, a lawyer with 24 years of legal experience, said a declaration in layman’s terms was only an expression of opinion without any compulsive force on any parties concerned.

“So you are expressing an opinion on the legislative assembly while the legislative assembly has very clear rules governing themselves. The rules are to be interpreted by the speaker and whether the speaker acted properly or not, there are rules to say that the assembly, through a proper motion, can decide and act or reject a speaker’s decision,” he said.

Citing the case of Puchong MP Gobind Singh Deo, he said there could not be a judicial review of Gobind’s suspension from Parliament.

Ngeh said the court was interpreting the powers of the speaker, and that it would bad if the legislative assembly in turn give an opinion on the courts.

He said the Federal Court declaration was “academic and unnecessary”.

 

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