Lawyer Syahredzan Johan said the tussle for the MB post in Perak involving Datuk Seri Mohammad Nizar Jamaluddin from PAS and Datuk Dr Zambry Abdul Kadir from BN may be repeated in Terengganu.
He added, if a no confidence vote is passed, the only choice would be to dissolve the State Assembly and call for a state election.
However Syahredzan said in Perak, the Menteri Besar can be appointed through other means without going through the State Assembly.
“I have yet to analyze the Terengganu state constitution, but I am confident the provisions in which the appointment and loss of confidence of an MB or an Exco member is the same as in other states,” he said.
Here are some of Syahredzan’s thought on the situation in Terengganu which was uploaded on his Twitter and Facebook page:
1. The current number of seats – BN 15, PR 15, Independent 2.
2. The Terengganu ruling government is now the minority. The number of seats BN has is less than the number of majority seats in the State Assembly. BN is now “hanging by a thread.”
3. The Independent State Assemblyman need not join PR. He or she only needs to declare their no confidence in the MB. If a no confidence vote is carried out in the State Assembly and the new MB loses with the PR+Independent, then he will have two choices.
4. The first choice is to appeal to the DYMM Sultan to dissolve the State Assembly and call for a state election.
5. The second is to resign from the post together with all the EXCO members.
6. In the event the second choice is taken, then the DYMM Sultan has to appoint a new MB who has the support of the majority of the State Assemblymen.
7. In the case of Nizar v Zambry, the Federal Court had declared that support for the MB can be determined by other means outside of the State Assembly and it does not necessarily have to be determined through a no confidence vote.
8. Also in the case of Nizar v Zambry, if the MB and EXCO members resign after losing the no confidence vote, their position is considered to be vacant and they are no longer the MB and EXCO member.
9. If the Terengganu MB does not lose any support whatsoever, then the minority government will be faced with various problems, especially if a bill is presented in the State Assembly to be passed. They will also always risk losing a vote of confidence from the majority of the State Assemblymen.
10. In short, the current situation in Terenaggu is havoc.
Seberang Takir State Assemblyman Datuk Ahmad Razif Abd Rahman took his oath of office before Sultan Mizan Zainal Abidin at Istana Syarqiyyah in Kuala Terengganu last night.
