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By Sim Kwang Yang

The Appellate Court decision yesterday to restore BN’s Zambry as the Perak Mentri Besar should not have surprised too many informed Malaysians.

We have lived through the constitutional crisis in 1988, when judicial independence was stripped through constitutional amendments rammed through the Parliament by the BN two-third brute majority.  We have lived through the Lingam Tape scandal before the 2008 general election.  We have seen half-past-six attempt on judicial reform after the 2008 political tsunami.  It is judicial business as usual, Malaysia style.

Even if Nizar gets his written judgement, and he appeals to the Federal Court against the decision of the Appellate Court, what do you think the final decision of the Apex court will be?  You want to bet, even for a cup of coffee?

The immediate implication of the Appellate Court is quite appalling.  It means that the Malay Rulers can now dismiss his Menteri Besar without a vote of no-confidence in the Perak State Assembly.  All the Malay Rulers and the Governors of the states can do that.  The Agong can now dismiss his Prime Minister in like fashion.

The decision gives the constitutional monarchs executive powers which are not given to them in the nation’s constitution!  It changes the nature of Malaysia as a parliamentary democracy and a constitutional monarchy!  In one fell swoop, the supremacy and the sovereignty of the people as symbolised by the institution of the elected state assembly has been sabotaged!

At least, I discuss the merits and demerits of the judgment passed by the justices sitting on the Appellate Court in that landmark decision yesterday.  I have not embarked on an attack on their persons.  I remember vaguely that to attack the person of the judge whose decision you do not like is tantamount to the crime of contempt of court.  You can go to jail for it.

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Comments (11)

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written by aryn, May 24, 2009 15:06:56

Great news!

Now, Your Highness, Sultan Mizan, stop the country from going to the dogs, relieve us from our misery and sack Najib as PM.

The Court of Appeal just bestow you that power!

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written by mrbean, May 24, 2009 15:26:52

Aryn, don't be naive, the monarchy will not help democracy anymore, They are also cooperating with UMNO. Malaysia will rot to hell and become another Indonesia where there will be another racial riots. It's a question of when...take care....

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written by Tompios, May 24, 2009 15:46:46

Negara kita rosak sejak Mahathir memerintah Malaysia. 20 perkara perjanjian Sabah setuju membentuk negara baru Malaysia dianuskan oleh Mahathir melalui syarikat dan parti terkotor Malaysia iaitu UMNO Bin Barisan National.

Kini system kehakiman Malaysia diperkosa, dilenyek, disodomi oleh manusia-manusia yang mengaku pembela agama Allah iaitu UMNO.

Amalgamation tetap menjadi ciri khas UMNO.

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written by macho, May 24, 2009 16:23:32

Just continue the pressure. I think the objective of making people more disgusted with the goverment which was previously thought not possible is now achieve. Even people in the market, coffeeshhop and pasar malam is aware of this fiasco. Hopefully this will translate to more votes for PR in future elections. Just keep up the momentum so people dont forget.

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written by budakindia, May 24, 2009 17:02:56

Malaysian laws? No chance of us respecting it. That piece of garbage!

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written by righttruthspeaks, May 24, 2009 18:41:22

You want to bet, even for a cup of coffee?

Sure Mr Sim, I'll bet my two balls for a cup of coffee from you. The apex court will confirm the appellate court's finding and make the rulers supermen in Malaysia.

Where can I claim my coffee?

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written by righttruthspeaks, May 24, 2009 18:50:28

When YB Anwar Ibrahim becomes Prime Minister, will he be sacked by the king on the orders of najis, ong tee keat and semi value ????

Just asking.

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written by Hakim Joe, May 24, 2009 19:37:15

You fellas are quite mistaken. It means that there are two different decisions emanating from two landmark cases (The Stephen Kalong Ningkan case and now the Humpty-Dumpty case).
It also means that they use each as a precedent whenever it suits them.
That's the LAW here in Malaysia.
Bloody joke if you ask me (or anyone else for the matter).

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written by Susanna, May 24, 2009 20:16:04

Yang Di Pertuan Agung can now dismiss the C4 PM! Hurrah for the new powers given to our Agung!

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written by lynn, May 24, 2009 21:34:15

Forget abt rule of law, constitution, the Agung's power, ecetera, ecetera.

There is only ONE LANGUAGE in Bodohland - it's called money. Nothing moves, until money is assured & changed hands. What inspired that Jelapang prostitute, for heaven's sake? Am sure she didn't fall in love with umno overnight.

It's that overpowering greed for money & contempt for rule of law (bribery is NOT corruption or criminal inducement) and contempt for the rakyat of Malaysia.

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written by EmEmkay, May 25, 2009 10:12:06

mrbean, please don’t compare to Indonesia because ever since the reformasi 11 years ago, Indonesia has changed, their democracy is now excellent. Racial riots are history, every citizen is treated equally and fairly. I am working as an expatriate in Indonesia and I wish to inform you that Indonesia is booming and their economy is the only one in SEA to have positive growth this year. Unlike Malaysia they have a constitutional court to deal with constitutional matter. Their MSM is not lopsided like in Malaysia. As a matter of fact Malaysia particularly BN has to learn from Indonesia.

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