6 œ theSun | WEDNESDAY MAY 6 2009

news without borders

Women NGOs want Shahrizat to speed up law reforms

by Karen Arukesamy
newsdesk@thesundaily.com
PETALING JAYA: The National Council
of Women’s Organisations (NCWO)
and the Joint Action Group (JAG) for
Gender Equality want Women, Family
and Community Development Minis-
ter Datuk Seri Shahrizat Abdul Jalil to
speed up action on law reforms.
“We sent a letter to the minister
yesterday asking her to accelerate re-
forms because all the memorandums
sent in the past are still sitting in the
Attorney-General’s Chambers,” Wom-
en’s Aid Organisation (WAO) executive
director Ivy Josiah told theSun.
She said the letter also asked
Shahrizat on the “unfinished business”
and the progress of the ministry’s
action in addressing the issues high-
lighted in the memorandums.
She said the two NGOs also sought
Shahrizat’s help to facilitate a meeting
with the A-G’s Chambers.
Josiah said seven memorandums
comprising comments and recom-
mendations on various issues and
laws were submitted since 2000.
The laws include Domestic Violence
Act, Islamic Family Law, Article 8 of the
Federal Constitution on gender equal-
ity, The Law Reform (Marriage and
Divorce) Act 1976 (Act 164), Section
5 of the Guardianship of Infants Act
1961, Article 12(4) of the Federal Con-
stitution, Section 2 of the Distribution
Act 1958 and the Inheritance Act 1971,
Safeguard rights of wives and children
upon conversion of husbands to Islam
and the Penal Code and Criminal
Procedure Code.
The NGOs also called the ministry to
form a task force comprising women’s
groups to help propose amendments
and laws relating to women and family
matters.
JAG comprises WAO, Women’s Cen-
tre for Change, Penang (WCC), Sisters
in Islam (SIS), All Women’s Action So-
ciety (Awam), Women’s Development
Collective (WDC) and Malaysian Trade
Union Congress (MTUC) – Women’s
Section.
Earlier, Josiah commended the
new Law Review Committee formed
on April 26 to review the Internal Se-
curity Act (ISA), saying there should be
civil society representation and 30%
women members.
The laws to be considered for
review include the Civil Law Act (CLA),
Criminal Procedure Code, Penal Code
and state laws that are in conflict with
the federal constitution.

‘Nizar removed due to loss of confidence’

KUALA LUMPUR: Perak’s Sultan Azlan Shah
had never sacked Datuk Seri Mohammad Nizar
Jamaluddin as Perak mentri besar (MB) as his
removal from office was lawfully made under
Article 16(6) of the Perak Constitution due to
loss of confidence of the majority in the state
assembly.
Attorney-General Tan Sri Abdul Gani Patail
submitted in the High Court here yesterday that
the Sultan performed his duty under the Perak
Constitution, and had carefully considered
the facts and circumstances before declaring
on Feb 5 that Barisan Nasional (BN) had the
majority in the state assembly.
“The Sultan of Perak had clearly performed
his function in the most honourable way that I
have seen,” said Abdul Gani, who appeared as
the intervener in the judicial review proceed-
ing filed by Nizar on Feb 13.
Nizar, 52, filed the suit to seek a declaration
that he is still the rightful MB and an injunc-
tion to bar Datuk Dr Zambry Abdul Kadir, who
was appointed MB on Feb 6, from discharging
his duties.
“His Royal Highness, in making sure that
there was no irregularities in his decision, had
met and interviewed the three assemblymen,
Jamaluddin Mohd Radzi (Behrang), Mohd
Osman Mohd Jailu (Changkat Jering) and Hee
Yit Foong (Jelapang) to make sure that BN has
their support.
“His Royal Highness met all the 31 state
legislative assemblymen who pledged their
support to BN,” said Gani, who is leading a
team of seven senior federal counsel.
He further submitted that since Nizar had
lost the confidence of the majority, he must
automatically resign from being the MB as
provided under Article 16(6) of the Perak
Constitution.
“The word ‘shall resign’ in Article 16(6)
means ‘mandatory’. It is not the intention of
the legislature that a MB can choose not to
resign.
“If you lost the majority, then what do you
do, do you still hang around? The moment he
loses his majority, he must resign.
“We cannot have a MB who is not having
the confidence of the majority,” he reasoned.
Gani said the Sultan has never sacked a
MB.
He added that it was honourable for a
MB to resign when he lost the confidence of
the majority. “That’s the law and that is the
democratic process,” he said.
Gani said there was no constitutional pro-
vision requiring a motion of no-confidence
to be issued before Nizar could be removed
from office.
“The Sultan of Perak had personally
ascertained the facts, by calling the 31 as-
Zambry, six BN reps cannot
attend sitting, says Ngeh
by Maria J. Dass and Giam Say Khoon
newsdesk@thesundaily.com
PETALING JAYA: The Federal Court’s decision on
April 16 does not allow Perak Barisan Nasional
(BN) Mentri Besar (MB) and Pangkor assembly-
man Datuk Seri Zambry Abdul Kadir and six other
assemblymen from attending tomorrow’s state
legislative assembly, says Perak Pakatan Rakyat
(PR) executive council member and PR lawyers’
coordinator Datuk Ngeh Koo Ham.
“Much confusion has evolved following the
Federal Court’s decision on April 16 pertaining
to the rights of the seven to enter the assembly
sitting on May 7 but the decision shows that they
do not have a right to attend the sitting,” he said.
On April 16, the Federal Court ruled that Perak
state legislative assembly Speaker V. Sivakumar
did not have the power to suspend MB Datuk Dr
Zambry Abd Kadir and his six executive council
members from the assembly. The suspension was
subsequently lifted.
Ngeh said there was a mistake in the decision
made on April 16 as it was not the Speaker’s call to
suspend Zambry and the six assemblymen.
“It was the Rights and Privileges Committee of
the assembly which made the decision to suspend
the seven. Therefore, the decision by the com-
mittee is still valid and in force and the Speaker
as chairperson of the committee is bound by the
decision of both the committee and the state
legislative assembly,” he added.
Ngeh also said no legal action should have been
brought against the Speaker as he has immunity
under the Section 3 of the Legislative Assembly
(Privileges) Enactment 1959 which says:
“No member shall be liable to any civil or
criminal proceedings, arrest, imprisonment, or
damages by reason of any matter or thing which
he may have brought by petition, bill, resolution,
motion or otherwise, or have said before the
Assembly or any committee.”
In addition, the Federal Court’s decision is
merely a declaration and not a certiorari or man-
damus. It is not binding on the committee and the
assembly.
Ngeh said Article 72 of the Federal Constitu-
tion has provisions on the privileges of the state
legislative assembly. Article 72(1) on the privileges
of the State Legislative Assembly states: “The
validity of any state legislative assembly cannot
be questioned in any court.”
He said the legal recourse sought by Zambry
and his six assemblymen also goes against Article
72(2) of the Federal Constitution that says:
“No person shall be liable to any proceedings
semblymen, before arriving at his judgment
that the applicant (Nizar) had lost confidence
of the majority,” he said.
Earlier, Nizar who continued with his
testimony in the cross-examination proceed-
ing, told the court that he was only aware of
the withdrawal of the three assemblymen’s
resignation letters after an audience with the
Sultan at 5pm on Feb 4.
“I only knew about it after I left the palace
when my officer informed me over the tel-
ephone at 6pm that a news bulletin said that
Datuk Seri Najib Abdul Razak (now prime
minister) claimed the trio hopped to BN and
that BN has the majority,” he said.
The case is being heard before Justice
Datuk Abdul Aziz Abd Rahim. – Bernama
in any court in respect of anything said or any vote
given by him when taking part in proceedings of
the Legislative Assembly of any State or of any
committee thereof.”
Ngeh said: “What strengthens our argument is
that the Federal Court has rejected Zambry and
the six assemblymen’s application for the declara-
tion that they have the right to attend and take
part in the assembly sitting and carry out all their
functions and responsibilities.”
The Federal Court’s decision has therefore
been interpreted by PR lawyers as stipulating that
Zambry and the six assemblymen do not have the
right to attend the state assembly and that the
decision to bar them made by the assembly on
March 3 is valid.
Meanwhile, barring any shocks, the Perak State
Assembly will sit as scheduled tomorrow although
Speaker V. Sivakumar has requested a postpone-
ment from the Sultan.
Last week, a motion to remove Sivakumar from
office was filed by Zambry. A notice on the motion
was sent to all assemblymen and, if the motion
is successful, the next agenda in the House is to
appoint a new Speaker
Zambry’s adviser and Perak Gerakan chair-
man Datuk Chang Ko Youn said the House would
decide whether Sivakumar is removed and “he is
in no position to reject the motion because it is a
conflict of interest for him as the Speaker to make
such decision”.
Chang challenged all PR assemblymen to stick
to their threat to boycott the sitting.
“They have decided to attend the sitting
because the under-the-tree meeting (on March
4) is invalid and that they must attend the sitting
tomorrow or their seats will be vacated under the
state constitution for failing to attend any meeting
for six months,” he said.
The sitting is crucial as the assembly must meet
by May 13 to avoid an automatic dissolution.
Sivakumar has written a letter to Perak’s Sultan
Azlan Shah seeking his consent to postpone the
assembly sitting quoting the reason that the dis-
pute over the status of the MB between Zambry
and Nizar is pending in court.
“For the sake of keeping harmony and the
decorum of the assembly, it was only proper that
the sitting be postponed,” said Sivakumar.
Heavy police presence is expected tomorrow
following Perak CPO Datuk Zulkefli Abdullah’s
advice on Monday to all assemblymen to refrain
from doing anything that jeopardises public order
and security, like organising illegal gatherings.
Zulkefli said they (the assembly) should observe
decorum in the sitting.