High Drama in the Perak Constitutional Crisis

Here’s a quick summary of what’s going on in Perak at the moment. In a nutshell, the problem is that the ruling Pakatan Rakyat coalition lost majority with four defections and the Sultan of Perak decided against fresh elections, allowing Barisan Nasional to form a new government without prior election. Pakatan Rakyat finds the lack of elections as an unconstitutional formation of government marred by uncooperative state organs, while Barisan finds that the loss of majority for Pakatan is sufficiently legitimate for government. May 7 represents the dramatic struggle of Pakatan unceremoniously protesting against Barisan forming a new government through dubious means.

In the previous general elections in 2008, the newly formed Pakatan Rakyat coalition had won 32  state assembly seats in Perak, thus allowing them to form the state government. Barisan had only 29 seats. Datuk Seri Mohammad Nizar Jamaluddin (PAS) was appointed as Chief Minister of Perak and V. Sivakumar (PKR-Tronoh) as the Speaker of the state assembly.

In late January to early Feburary 2009, four PR assemblymen defected. Nasaruddin Hashim (defected to BN), Hee Yit Fung (former DAP, now independent-Jelapang), Jamaluddin Mat Radzi (former PKR, now independent-Behrang) and Mohd Osman Jailu (former PKR, now independent- Changkat Jering).  The last three of them pledged suppport for a BN government in Perak. Together with Najib Tun Razak, newly appointed as Perak UMNO chief, they sought an audience with the sultan of Perak to form a government. In a separate audience, Pakatan Chief Minister Nizar asked for fresh state elections. However, the Sultan of Perak denied Nizar’s request. This is seen to be an unpopular move with the opposition.

Without fresh elections, BN formed government and Datuk Dr. Zambry Abdul Kadir was sworn in as the BN Chief Minister. However, V. Sivakumar was still Speaker of the state assembly. He sued the Electoral Commission for not allowing by-elections since Jamaluddin Mat Radzi  and Mohd Osman Jailu went missing and seats were declared to be vacant by the Pakatan Chief Minister Nizar. He sued the three independent candidates for no longer being lawful representatives. Finally, As the “chairman of the privileges and the special rights committee”, he suspended the Barisan chief Minister Zambry and six Barisan executive councillors for contempt of the assembly.

Speaker V. Sivakumar attempted to call an emergency sitting of the state assembly on March 3, with the intention to put to a vote the dissolution of state assembly, thereby forcing elections. However, the state secretary’s office locked the gates of the state assembly building and cordoned it off with riot police,  so the emergency sitting with only Pakatan assemblymen took place under a tree nearby. They passed the motion to dissolve the state assembly.

However, the Ipoh High Court had earlier declared that V. Sivakumar effectively could not call for an emergency sitting, thus the Barisan assemblymen did not meet and is generally not taken to be legitimate. Nevertheless, it is doubted that the judge that passed the restraint order was indeed able to do so as his contract just ended a few days prior. Barisan Chief Minister Zambry later awas able to get a court order to overturn his suspension, and the Federal High Court decided that the state assembly had no power in declaring the independent seats vacant and they were legitimate assemblymen.

Zambry then filed a motion to remove V. Sivakumar from office and to re-elect the Speaker. Yesterday, was when his motion must have been read.

Next page: What transpired at the State Assembly in Perak