Published on: Friday, February 06, 2009 |
Kuala Lumpur: Datuk Seri Mohammad Nizar Jamaluddin is not the first Menteri Besar or Chief Minister to face a constitutional crisis or refused to step down after no longer able to command the confidence of the House under certain circumstances.
In Malaysia's political history, there was a MB and two CMs who had refused to do so previously. First was Stephen Kalong Ningkan who served as the first CM of Sarawak between July 1963 and September 1966 and also in Sabah in 1985.
Ningkan is probably best known for triggering the first constitutional crisis in the country when he refused to vacate his office after being dismissed by the Yang Dipertua Negeri or Governor at that time.
As leader of the state legislature, he was said to have ceased to command the confidence of the majority of the council and the Governor proceeded to appoint a new CM.
Ningkan's refusal to vacate his office, resulted in a constitutional impasse that he was perceived to threaten the fragile unity of Malaysia, barely three years after its formation on Sept. 16, 1963.
On Sept 14, 1966, the Yang di-Pertuan Agong proclaimed a state of emergency in Sarawak on the basis that its security was threatened by the constitutional crisis.
Ningkan appealed against his dismissal all the way to the Privy Council in London, Malaysia's then final appellate court, but lost his appeal for a declaration that he was still CM of Sarawak.
Yesterday, the Sultan of Perak, Sultan Azlan Shah ordered Mohammad Nizar Jamaluddin and his state executive councillors to step down with immediate effect, failing which the posts are considered vacant.
The Office of the Sultan of Perak issued a statement after His Majesty met all the 28 Barisan Nasional (BN) assemblymen and the three independents that the Sultan was convinced that Mohammad Nizar had ceased to command the confidence of the majority of the state assembly members.
In Sabah, the single-seat victory of newly-formed Parti Bersatu Sabah which obtained 25 seats in the then 48-seat State Assembly also saw a constitutional crisis which briefly had then Usno President late Tun Datu Mustapha Harun being sworn in as Chief Minister for about half a day.
The basis of Mustapha's swearing-in before dawn when most of Sabah was asleep became known as the Istana power grab incident. It hinged on the premise that although Datuk Seri Joseph Pairin Kitingan's PBS had a simple majority, the then defeated 6-seat Parti Berjaya and 16-seat Usno could still form the State Government by claiming to have the required majority through the 6 Nominated Assemblymen. There was one Independent winner.
However, then Deputy PM Tun Musa Hitam refused to recognise Mustapha's appointment as CM and the Kota Kinabalu High Court also later held that the right to the six assemblymen was the privilege of the winner and not the loser.
The appointment of the six assemblyman, which the departing colonial government only allowed for Sabah to allow the representation of minority groups, was abolished by present CM Datuk Seri Musa Aman when rotation system was scrapped following the 2004 elections.
Another case involved the then-Kelantan Menteri Besar, Mohamed Nasir, in 1977, who had ignored efforts to remove him from office for defying party instructions.
He was removed from office after demonstrations that degenerated to violence and looting, prompting the Federal Government, at the behest of the King, to declare emergency rule in the State.
