COMMENT | Revisiting the case of Nizar v Zambry

Syahredzan Johan


COMMENT | This week, PKR president Anwar Ibrahim dropped a bombshell. In a press conference, he informed the country that he is seeking an audience with the Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah to present the support that he has to be appointed the new prime minister.

According to Anwar, the government of Prime Minister Muhyiddin Yassin has fallen after the majority of MPs no longer supported the Pagoh MP.

One of the earliest legal opinions put forth in this latest development in Malaysian politics was by academic, Professor Shamrahayu Ab Aziz. She was reported to have said that only the prime minister has the right to meet with the Agong on whether he still has majority support.

She also argued that even with statutory declarations, the same cannot be presented to the Agong and that Anwar needed to bring a motion of no confidence in the Dewan Rakyat in order to prove that Muhyiddin no longer commands the majority support.

With respect, this view is not in line with the precedent in the case of former Perak menteri besar Mohammad Nizar Jamaluddin vs Umno's Zambry Abdul Kadir which was decided by the Federal Court in 2010.

The case relates to the...

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