Sultan can appoint MB but can’t remove him

KUALA LUMPUR: The power of the Sultan to appoint or remove a mentri besar took centrestage at the High Court yesterday in the case between former Perak MB Datuk Seri Moham­mad Nizar Jamaluddin and his successor Datuk Seri Dr Zambry Abdul Kadir.

Nizar’s lead counsel Sulaiman Abdullah, who noted that the Perak Constitution was the highest authority in the state, submitted that while the Sultan was conferred the power to appoint a mentri besar, he did not have the same power to remove a sitting mentri besar.

“It is well and good in appointing, that is entirely up to the Sultan but getting rid of the mentri besar is no longer the Ruler’s function – it is now up to the state council. That can only be done through a vote of no confidence in the House,” Sulaiman told High Court judge Justice Abdul Aziz Abdul Rahim when submitting on Nizar’s application to seek a declaration that he is the rightful mentri besar.

Nizar is also seeking an injunction to bar Zambry from discharging his duties as mentri besar.

This came after the Pakatan Rakyat government in Perak collapsed when three Pakatan assemblymen declared themselves independent, but friends of the Barisan Nasional coalition, in February. Zambry was subsequently appointed Mentri Besar.

Sulaiman said the appointment of a person to the office of the mentri besar was only valid if the office was vacant, as there could not be two persons holding the office.

“And the office will only be vacant if Nizar resigns or is dismissed. Nizar has not resigned,” he said, arguing that Zambry’s appointment was, therefore, unconstitutional.

Abdul Gani, who is an intervener in the case, however, said the Sultan had carried out his duty under the state constitution to ascertain that Barisan had the majority before appointing a new Mentri Besar.

There were only two provisions in the state’s constitution, he said, when a mentri besar could request for a dissolution of the state legislative assembly.

One was under Article 36(2) of the Perak Constitution when the five-year term of the assembly was drawing to an end and the other was under Article 16(6) when the mentri besar had lost the confidence of the majority of the House.

Nizar, he explained, had made the request under Article 16(6).

“When the Sultan refused the request, he and members of his exco are deemed to have resigned and their offices in the exco are vacated automatically. The mentri besar’s office therefore fell vacant and Zambry was lawfully appointed as the Mentri Besar,” he submitted.

Sulaiman counter-argued by stating that the mentri besar, similar to a prime minister, could request for a dissolution of the assembly prior to the five-year term.

The hearing continues today. (TheStar)