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Monday, 2 March 2009

Pre-emptive strike in Perak

BY Malaysia Insider

IPOH, March 2 — Lawyers representing Perak mentri besar Datuk Dr Zambry Kadir and his executive council will file for an injunction this afternoon at the High Court in Ipoh in an attempt to lift the suspension orders preventing them from attending the state assembly.

Mohd Zahir Abdul Khalid, one of Zambry’s executive council members, has also served notice that he will refer Speaker V. Sivakumar to the legislature’s rights and privileges committee.

According to the notice, Mohd Zahir is accusing Sivakumar of abusing his power to commit contempt by showing disloyalty to the Perak Sultan.

Article 47 of the state constitution was cited. The article sets out the oath of allegiance which each state assemblyman has to take when sworn into the assembly.

The attempt to refer Sivakumar to the rights and privileges committee is but just one of a host of tactics and strategies the BN government is employing as it faces the prospect of an emergency sitting of the assembly tomorrow which could see it being ousted by a no-confidence vote.

A summons was expected to be served on Speaker V. Sivakumar this morning in relation to the court action, but this did not happened.

BN lawyers are believed to be busy putting together legal documents supporting their attempt to have the suspensions of Zambry and his executive council lifted.

They are expected to present their arguments at the Ipoh High Court this afternoon.

The legal action is unprecedented because the courts are not usually allowed to review decisions of the legislature and do not usually have jurisdiction over proceedings of the assembly because of the doctrine of separation of powers.

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