Tuesday June 17, 2008

Federal Court allows Anwar to challenge his 1998 sacking

PUTRAJAYA: The Federal Court here unanimously gave the green light to Datuk Seri Anwar Ibrahim to challenge the constitutionality of his sacking from Cabinet posts almost 10 years ago by former premier Tun Dr Mahathir Mohamad.

Following this outcome, the Federal Court will determine two questions of law – whether Anwar’s sacking was unconstitutional or not, and whether Dr Mahathir could sack his deputy, without first advising the Yang di-Pertuan Agong.

The court has yet to fix the date to hear Anwar’s final appeal. Anwar was ordered by the court to file the record of appeal within 14 days.

On Dec 23, 1998, the High Court dismissed Anwar’s suit against Dr Mahathir and the Government, to summarily strike out his application for an order to declare Dr Mahathir’s decision to dismiss him from the Cabinet posts on Sept 2, 1998 was unlawful and null and void.

The Court of Appeal had held that Anwar’s sacking from the Cabinet posts was lawfully executed by Dr Mahathir since the power to appoint and dismiss ministers lay with the prime minister. – Bernama