The Federal Court declaration that Barisan Nasional's Zambry Abd Kadir is the rightful Perak menteri besar (MB) has raised questions for civil society groups.

These mainly relate to the practice of democracy, independence of the judiciary and doctrine of separation of powers.

M NONE alaysians for Free and Fair Elections coordinator (northern region) BK Ong ( left ) said the apex court's decision yesterday to legitimise Zambry's appointment "proves that the judiciary may not be impartial and independent after all".

"The judges should have upheld the integrity of separation of powers and spirit of the constitution," he said.

"(Former Perak MB) Mohammad Nizar Jamaluddin was never impeached or voted out via a motion of no confidence in the state assembly. In a democracy, only an elected legislature has the right to remove the head of government."

Bar Council President K.Ragunath agrees that the doctrine has been compromised, but does not discount the role of the monarch.

"The monarch has a right to intervene, and there have been cases where they have rejected the prime minister's choice for MB," he pointed out.

"In Perak, neither of the parties had a stronghold on the state, so the monarch does have a role to play as an arbitrator."

He said people should also accept the fact of the constitutional monarchy in Malaysia and not just welcome intervention when it suits their purposes - such as when the Bersih (the coalition for clean and fair elections) appealed to the palace over electoral reform in November 2007.

The issue in the Perak case, Ragunath added, is not about the role of the constitutional monarch, but whether a no-confidence vote can take place outside the state assembly.

"In this case, the sultan spoke to the state assemblypersons, but what if (this had been done) via letters? Would that be valid?" he asked.

Institute for Democracy and Economics Affairs (Ideas) chief executive Wan Saiful Wan Jan said the issue is not if the Sultan had the right to intervene, but rather if he made the right decision.

"The whole debacle started when the Perak Ruler did not allow fresh elections to be called. This was a mistake, even if it was lawful. The monarchy needs to regain public confidence so that people do not continue to question its role," he said.

‘Be consistent'

Aliran treasurer Anil Netto described the Federal Court decision as a blow to the judiciary's ailing image.

He said it will take longer now to restore public confidence in the judiciary than in 1988, referring to the judicial crisis when the Lord President was sacked.

Both Wan Saiful and Ragunath bar council suhakam memo 5 detained lawyers incident 200509 ragunath ( right ) brushed off such views.

"The judiciary needs to make a decision, and we can't say we have no more faith in it just because we don't like the decision," Ragunath contended.

Wan Saiful noted that "Pakatan Rakyat supporters need to be more consistent".

Anil further said the ruling need not be seen as the end of the issue, especially since it is not enough to provide Zambry the ‘recognition' he needs as a MB.

"The people's mandate is political legitimacy...the sooner Zambry gets this (through snap polls) the better," he said.

Ragunath disagreed that the BN should seek a fresh mandate.

While the Pakatan state assemblypersons who crossed over did contest on PKR or DAP tickets, he said, the people of Perak may have voted for them as individuals.

"So we cannot truly say that the people had voted for Pakatan (and that snap elections are required).

"There is now closure to the issue, and in any case, the general election is only two years away. (Pakatan should) accept the decision and play its role as a good opposition."

‘Hold a referendum'

Suaram campaign coordinator Yap Heng Lung said the best way to decide if the state assembly should now be dissolved is to hold a referendum.

"The only way to prove that the people have confidence in the BN government in Perak is to give them the opportunity to decide whether or not the state assembly should be dissolved," he said.

This, he said, will put back power into the hands of the people, in accordance with the spirit of democracy.

A recent Merdeka Centre study had shown that 74 percent of the people sampled in Perak want to go back to the ballot box.

gerakan teh tarik forum 290808 anil netto Said Wan Saiful: "It would be morally right (for BN) to hold an election to seek a mandate. Winning an election honourably would force Pakatan in Perak to shut up,"

Regardless of the situation, Anil ( right ) said the BN should not crow about the verdict as "anything can happen in politics".

"The situation is quite fluid and dynamic," he said.

Ragunath agreed: "The lesson to here is never to take the people and your state assemblypersons for granted."