Apr 25, 2007

LATEST : Court Declares Anwar's Dismissal Lawful

The logic is if there is No Prime Minister, then there will be no Finance Minster and Deputy Prime Minister. Thus, the power to dismiss ministers lies with the Prime Minister.

(BERNAMA) The dismissal of Datuk Seri Anwar Ibrahim from his cabinet posts nine years ago was executed lawfully by former premier Tun Dr Mahathir Mohamad as the power to appoint and dismiss ministers lies with the prime minister, the Court of Appeal ruled today.

Justices Datuk Zulkefli Ahmad Makinudin, Datuk Mohamed Raus Sharif and Datuk Heliliah Mohohamed Yusof made the unanimous decision after rejecting Anwar's appeal to declare his sacking from the posts of Finance Minister and Deputy Prime Minister unconstitutional.

Raus, in his 19-page judgment, said the letter of revocation of Anwar's appointment as cabinet minister, issued by Dr Mahathir on Sept 2 1998, complied with Article 43 (5) of the Federal Constitution as there was more than sufficient evidence to show that the formality of advising the Yang di-Pertuan Agong about the revocation was done by the former premier.

"Under the scheme of our Federal Constitution, the Yang di-Pertuan Agong is a constitutional monarch who acts on ministerial advice and not on his own initiative. The power to dismiss any minister is in fact with the Prime Minister. He can, at any time advise the Yang di-Pertuan Agong to dismiss any minister and his majesty is bound to act on the advice of the Prime Minister.

"In short, no minister can remain as a member of the cabinet, if the Prime Minister decided that he should be dismissed," he said.

The written concurring judgments of the three judges were delivered by Court of Appeal registrar Hasnah Mohamed Hashim.

Anwar had appealed against the High Court's decision, delivered nine years ago, to summarily strike out his application for an order to declare Dr Mahathir's decision to dismiss him from the cabinet posts unlawful, null and void.

He argued that the revocation of his appointment must be effected by the Yang di-Pertuan Agong acting on the prime minister's advice and that the revocation cannot be effected by the prime minister without prior assent of the Yang di-Pertuan Agong.

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