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Media Statement by Ngeh Koo Ham in Ipoh on Wednesday, 13th May 2009: A stay order pending appeal does not affect the content of a Judgment A stay order pending appeal does not affect the content of a Judgment
I feel ashamed for Dato’ Seri Zambry Bin Abdul Kadir who now claimed that he is the rightful Menteri Besar of Perak after the one Judge bench of the Court of Appeal granted him a stay pending his appeal with regard to the judgment of the High Court Judge, Justice Abdul Aziz Bin Abdul Rahim who has declared Dato’ Seri Ir. Nizar Bin Jamalludin as continuing to be the rightful Menteri Besar of Perak from the day he was first appointed. The High Court Judge had ordered that Dato’ Seri Zambry Bin Abdul Kadir must not continue to present himself as Menteri Besar of Perak or act as one. Therefore, it is in contempt of court for Dato’ Seri Zambry Bin Abdul Kadir to claim that he is now still the rightful Menteri Besar of Perak. It is without a doubt that until this High Court Judgment is reversed by the Court of Appeal Dato’ Seri Zambry Bin Abdul Kadir remains an illegally appointed Menteri Besar as has been declared by the learned High Court Judge. The following simple illustration will help bring home the point. A sues B for a debt of RM5,000-00 and B disputes the debt. After hearing, the court declares that B owed A RM5,000-00 and ordered B to pay the said sum to A. B then obtains a stay of the judgment pending appeal. Until the appeal is heard and the lower court judgment reversed, it remains that B owed A RM5,000-00 and has to pay this amount to A. The stay order merely gave B an opportunity to get the opinion of a higher court with regard to the issue before the judgment of the lower court can be enforced. Therefore, until the hearing of the appeal, Dato’ Seri Zambry Bin Abdul Kadir remains an illegally appointed Menteri Besar as has been declared by the High Court. He should not and cannot exercise the powers and the privileges of a Menteri Besar including going back to occupy the office of the Menteri Besar. As Dato’ Seri Zambry Bin Abdul Kadir is still the illegally appointed Menteri Besar, he has no power to reinstate the State Secretary and State Legal Adviser who were suspended by the Pakatan Rakyat State Government through its Exco meeting on the night of 11th May 2009 (before the stay order was granted to Dato’ Seri Zambry Bin Abdul Kadir). With regard to the opinion expressed by the Chief Secretary to the Government, Tan Sri Mohd Sidek Hassan that action cannot be taken by the State Government against the State Secretary and the State Legal Adviser, I would like to state that such an opinion is legally flawed. The State Secretary and the State Legal Adviser are Federal Officers appointed by the Public Service Commission and the Judicial and Legal Service Commission respectively. However, when they are seconded to and employed by the State Government, the State Government has the authority over them as their employer. Therefore, when they acted against the interest of the State Government or failed to cooperate with the State Government or commit acts of insubordination, they can be suspended from their duties pending formal complaints being lodged against them with the Public Service Commission and the Judicial and Legal Service Commission respectively and be dealth with under the Public Officers (Conduct and Discipline) Regulations 1993. Any other interpretation will mean that Federal Officers can lord over the State Governments with impunity. Therefore the Perak State Pakatan Rakyat Government has acted within what is permitted in law. * Ngeh Koo Ham, Perak DAP Chairman & Senior Exco Member Pakatan Rakyat Perak State Government
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