Legitimacy of the BN Perak state government

Former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin had filed a suit at the High Court in Kuala Lumpur to challenge the legitimacy of his successor Datuk Dr Zambry Abdul Kadir and the new state government.

Dr Zambry Abdul Kadir

He claimed that the swearing-in of Dr Zambry last week was unconstitutional and illegal.

Article 16 of the Perak Constitution says that the Sultan shall appoint the Executive Council. He must first appoint Menteri Besar from the members of the Legislative Assembly who “in his judgment is likely to command the confidence of the majority of the members of the Assembly.” Then, on the advice of the MB, the Sultan shall appoint other members of the EC.

Article 16 (6) says: If the MB ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

The current status of the house is 28 members from PKR, PAS and DAP, 28 BN members - and three independents, which are pro-BN. The Sultan of Perak, the constitutional monarch, consented to the appointment of a new BN government after he was convinced the BN had the majority in the state assembly.

By and large, under Article 16 of the Perak Constitution, the forming of BN state government and appointment of the new Perak Menteri Besar Zambry Abdul Kadir is legitimate and constitutional.