Introduction to Malaysian Constitution

1. The Perak MB Case
Dato' Seri Ir Hj. Mohammad Nizar Bin Jamaluddin v. Dato' Dr. Zambry Bin Abd. Kadir
Fact:
Three members of the Perak state assembly who had previously supported the Pakatan Rakyat state
government announced they were becoming political independents in February 2009, and that they
wouldsupportthe BarisanNasional on mattersof confidence andsupply.NizaraskedSultanAzlanShah
of Perak to dissolve the state assembly and call for new elections to resolve the political impasse.
However, the Sultan rejected Nizar's request, ordered him to resign as Menteri Besar, and swore in
Zambryas the newMenteri Besar.Nizarthen filed suit against Zambry in the Kuala Lumpur High Court.
Issue:
Who is the rightful Perak menteri besar?
Judgment:
The judges held that:
 the granting or withholding of consentto a request for dissolution of the legislative assemblywas a
royal prerogative;
 the facts of the cased showed that Nizar's request for dissolution fell under Article 16(6) and not
Article 36(2) of the Perak Constitution;
 that under Article 16(6), Nizar had to tender his resignation together with that of his executive
councillors after the sultan withheld consent to his request for dissolution;
 that there was no mandatory or express provision in the state constitution for a motion of no
confidence to be tabled in the legislative assembly against Nizar, who had ceased to command the
confidence of the majority;
 the fact that Nizarhad lost the majority'sconfidence couldbe obtainedorestablishedbyalternative
means,andthat the sultanwasright inmakingenquiriesonwhetherhe hadlostthe majoritybefore
rejecting his request for a dissolution of the legislative assembly;
 that because Nizar had ceased to command the majority's confidence, the sultan was right under
Article 16(2) inappointingZambryasMBafterbeingsatisfiedthatZambrycommandedtheconfidence
of the majority; and,
 that the HighCourt judge had erredand failedtoappreciate all the evidence before himinmakinga
decision.
Assuch,Nizar'sapplicationtosetasidethe stayordergrantedtoZambryhasbeenstruckout.Zambryhad
obtained a stay of execution on the High Court's earlier decision that Nizar was the rightful MB.