The Federal Court will hear the judicial review application by ousted Menteri Besar Mohd Nizar Jamaluddin against Barisan Nasional's Zambry Abdul Kadir next Friday (March 20) to determine the legitimate Perak state chief.

Lawyer Leong Cheok Keng representing Nizar said he had just got the dates from the Federal Court registry today.

The case is scheduled to hear questions to determine the legitimacy of the menteri besar. The four questions were posed by the Attorney General Chambers requiring an interpretation of the Perak constitution.

nizar jamaluddin dr zambry abdul kadir perak Lawyers representing Nizar decided not to pose questions in the last High Court sitting on March 10, as they felt their leave application should have been heard first at the High Court and not for the issues to be transferred directly to the apex court.

Leong said he would file an appeal on Monday, over the High Court (Appellate and Special Powers division) Justice Lau Bee Lan's decision on referring the matter to the Federal Court.

Lau ruled there was a constitutional issue in question, especially on the interpretation of Article 16(6) of the Perak constitution.

She said she agreed with the senior federal counsel that the interpretation of Section 84 of the Courts of Judicature Act does not only refer to the Federal Constitution but also the Perak state constitution.

Justice Lau also agreed that according to Article 63 of the Perak constitution, matters pertaining to the interpretation of articles could be referred to the Federal Court, and the court could allow a stay of the proceedings.

"Hence, for a speedy and economical decision, the court decides to transfer the case directly to the Federal Court.

"The court also orders a stay of all proceedings and that the court will adjourn for a while for counsel to formulate questions to be referred to the apex court," said Justice Lau in her ruling then.

Nizar's application

In the suit filed on Feb 13, Nizar, among others, is seeking a declaration that he is the rightful Perak menteri besar.

He is also seeking an interpretation of Article 16(6) of the Perak constitution on whether the menteri besar's post can be vacated when:

  • The menteri besar had advised the ruler on dissolution of the state legislative assembly;

  • There was no dissolution of the assembly;

  • There was no motion of confidence against the menteri besar in the state legislative assembly; and

  • The menteri besar did not resign.

In his application, Nizar said Zambry should cite the authority that allowed him to legitimately become the menteri besar.

Nizar is also seeking a declaration that Zambry has no right to be menteri besar at any material time plus an injunction to prevent him or his agents from continuing his task and role as the menteri besar.