2009 Perak Constitutional Crisis - Overview

Overview

The crisis in Perak began with the announcement by Barisan Nasional's Nasaruddin Hashim of his desire to cross the floor to Pakatan Rakyat. This was then followed by the re-defection of Nasaruddin to Barisan Nasional, and the declaration by three Pakatan Rakyat representatives, Deputy Speaker Hee Yit Foong, senior state Executive Council member Jamaluddin Mohd. Radzi and Osman Jailu, of their intentions to sit as independents while supporting the Barisan Nasional in confidence matters. The Sultan granted an audience to the Prime Minister (who is the head of Perak Barisan Nasional); at this meeting the PM claimed that the Barisan Nasional had the support of the majority of peoples elected representatives in the State Assembly. The Sultan ordered the PM to prove he had a majority. The PM left and returned later (the same day) with 31 elected members of the State Assembly all of whom told the sultan that they had no confidence in the Pakatan Rakyat and that they would support a Barisan Nasional government. Prior to the defections, Pakatan Rakyat had 32 representatives while Barisan Nasional had 27 representatives. The defections meant that the state now has 28 Pakatan Rakyat representatives, 28 Barisan Nasional representatives, and 3 independent representatives who pledged confidence to Barisan Nasional.

The morality of crossing the floor, the Sultan's power to dismiss the Menteri Besar (First Minister), the validity of pre-signed undated resignation letters, the powers of the Speaker of the House and power of the Election Commission were major issues of this constitutional crisis. In 11 May 2009, the Kuala Lumpur High Court ruled that the Sultan was not constitutionally permitted to dismiss the Menteri Besar, and that Nizar had always been the rightful head of the state government. On 22 May 2009, the Court of Appeal overturned the High Court decision, and confirmed that the Barisan Nasional which has sworn in a new chief minister and parliamentary speaker for Perak should remain in power. Furthermore the Court of Appeal found the trial judge to have erred in confusing the issue of whether the government has lost the confidence of the majority of the house with the issue of whether the Sultan has the power to dismiss the government. However Zambry's position as Menteri Besar will not go unchallenged despite the ruling as Pakatan Rakyat leaders have indicated they intend to file an appeal.