Was the sacking of Anwar Ibrahim from the Cabinet 11 years ago lawful?

By NH Chan

11 years ago, the Deputy Prime Minister of Malaysia, Dato’ Seri Anwar Ibrahim was sacked from the cabinet. An incisive look at the Federal Court decision that the sacking was lawful and why it was correct in law.

On Tuesday March 9, 2010 the Sun reports:

Federal Court: Anwar’s sacking from cabinet lawful

Putrajaya: The sacking of Dato’ Seri Anwar Ibrahim as deputy prime minister and finance minister 11 years ago was lawful, the Federal Court ruled yesterday.

Court of Appeal President Tan Sri Alauddin Mohd Sheriff and Federal Court judges Datuk Wira Mohd Ghazali Mohd Yusof and Datul Abdull Hamid Embong unanimously dismissed Anwar’s final appeal for a declaration that his dismissal from his cabinet posts in September 2, 1998 was unconstitutional.

Alauddin held that the then Prime Minister, Tun Dr Mahathir Mohamad, had the authority under the Federal Constitution to sack his cabinet minister.

He said, the king, as a constitutional monarch, was required to act in accordance with the advice of the prime minister.

On Anwar’s contention that it was the prime minister who had effected his revocation and not the King, he said the contention was misleading. The format and manner on how a revocation was to be effected was not provided in the law and there was also no provision in the law requiring the King to personally convey to Anwar the revocation of appointment, he said.

The judgment is according to law

I must say at the outset, the decision of the Federal Court is correct. The judgment is correct because it is made according to law. It is also a decision against Anwar Ibrahim.

But why is it that when the law is against the Government of the day these same judges would not decide according to law? One wonders!

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