New Terengganu MB must hold assembly meeting to see if he has reps’ support, say lawyers

Newly installed Terengganu Menteri Besar Datuk Ahmad Razif Abdul Rahman (pic) must convene immediately a state assembly meeting to determine whether he had the legitimacy to remain as chief executive of the state, constitutional lawyers said today.

They said this was the most democratic way to determine if Razif enjoyed the confidence of the majority of the assemblymen although the Federal Court had ruled otherwise in 2011.

The apex court had held that such a confidence vote could be taken outside the house.

Lawyer Chan Kok Keong, who was a lawyer in the Perak constitutional crisis in 2009, said the assembly was the place for elected representatives to determine who should be the head of a government.

The lawyers said this in response to several BN assemblymen, including former menteri besar Datuk Seri Ahmad Said, who resigned from Umno to become independents, resulting in the coalition losing its majority.

Ahmad Razif took his oath of office before the Sultan of Terengganu last night.

Chan said the other legal option as pronounced by the Federal Court was for any individual who enjoyed a majority support to meet the ruler and get appointed.

"The ruler must be shown some documentary proof that the majority of assemblymen supported him as the menteri besar," he said in recalling what happened in Perak.

The constitutional crisis was a political dispute regarding the legitimacy of the Perak government formed in February 2009.

It began when three Pakatan Rakyat state legislators defected, causing a collapse of the state government. The Sultan of Perak then refused Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin's request to dissolve the state assembly and call for new elections.

Instead, Barisan Nasional, with support from the three defecting assemblymen, formed the new state government.

The BN state government's legitimacy and Sultan Azlan Shah's decision not to dissolve the state assembly was disputed vehemently by Pakatan Rakyat politicians.

A series of battles in the courts ensued between Nizar and the new Menteri Besar Datuk Seri Zambry Abdul Kadir.

Ultimately, the Federal Court confirmed in February 2010 that Zambry was the lawful menteri besar and held that the Sultan was right after being satisfied that Zambry had the command of the majority of the state legislative assembly.

Lawyer Abd Shukor Ahmad said Ahmad Razif's legitimacy would not be questioned if he won the confidence vote in the house.

"But if he loses, the menteri besar has to seek an audience with the ruler and could request the assembly be dissolved to pave the way for fresh state elections," he said.

Shukor said the sultan had the prerogative to request the menteri besar resign and appoint a new candidate.

"The sultan might not want to call elections too soon but seeks another person’s appointment to administer the state.”

Another lawyer R. Kengadharan said despite the legal options available to the sultan, it was best to dissolve the assembly and return the mandate to the people.

 "Ultimately, we must have a government of the people, for the people and by the people," he said in borrowing the famous quote by American president Abraham Lincoln.

Kengadharan said he sensed that there were a lot of manoeuvring going on among politicians from both sides but the power who should administer the state belonged to the electorate.

"The people must be allowed to make their decision through the ballot box," he added.

Former UIA academic Abdul Aziz Bari said legally, Barisan Nasional could not continue ruling the state and Ahmad Razif must resign.

Aziz said the sultan should appoint the party with the majority in the assembly to form the state government or dissolve it.

“The sultan should dissolve the assembly as Ahmad Said was basically the sultan’s choice in 2008,” he said today, referring to how Ahmad Said was appointed to the position after the general election of that year.

Aziz said by dissolving the assembly Sultan Mizan Zainal Abidin was signalling to his subjects to give him the right government.

He added that Terengganu had been unstable since 2008 and the sultan should end this by giving the people a chance to decide who they wanted to govern the state.