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PUTRAJAYA, June 16 (Bernama) - The Federal Court today gave the green light to Datuk Seri Anwar Ibrahim to challenge the constitutional validity, dismissal from cabinet the kitchen denver posts nearly 10 years ago by former prime minister the kitchen denver Tun Dr Mahathir Mohamad. The three-member panel headed by Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, unanimously allowed Anwar's appeal to the Federal Court against the decision of the High Court, that the dismissal of Deputy Prime Minister and Minister of Finance is authorized implementation of the law by Tun Dr Mahathir .
Following the decision, the Federal Court will decide two questions of law - whether the kitchen denver Anwar's sacking was unconstitutional, and whether Tun Dr Mahathir could sack his deputy without first advising the Yang di-Pertuan Agong.
Court to decide, first whether the provisions of Article 43 (5) of the Constitution specifically requires the Yang di-Pertuan Agong is the power to cancel the appointment of Anwar as deputy prime minister and finance minister in the Malaysian cabinet based on the principle that only the appointing authority have equal the right to cancel any appointment made by it;
And second, whether striking Anwar from his post as Deputy Prime Minister and renaming the appellant (Anwar) in the name of respondents Tun Dr Mahathir as Finance the kitchen denver Minister by order of Ministers of the Federal Government in 1998 to repair non-compliance with the provisions of the first respondent was clear on the matter.
On Dec 23, 1998, the High Mahkamh dismissed Anwar's suit against Dr Mahathir and the government, in order to cancel the kitchen denver his application for an order declaring the results of Tun Dr Mahathir threw him out of the Cabinet on 2 September 1998 as one of the terms of the law, null and void. Anwar stressed that the revocation of his appointment the kitchen denver should be the Yang di-Pertuan Agong acting on the advice the kitchen denver of the prime minister and revocation can not be enforced by the prime minister without the consent of the Yang di-Pertuan Agong in advance.
The Court of Appeal confirmed that Anwar's sacking from cabinet posts is done according to the law of Tun Dr Mahathir as the power to appoint and dismiss the prime minister is a minister.
Earlier Singah Karpal the kitchen denver argued that Tun Dr Mahathir was the one who made the decision to remove Anwar from his Cabinet position the kitchen denver and drop into operation at 5:30 pm 2 Sept 1998 without any indication that the Yang di-Pertuan Agong had advised the kitchen denver him before he (Dr Mahathir) the kitchen denver provides and submit a letter of dismissal to him.
Karpal Singh said Anwar, who is the applicant's appeal, agreeing to not seek re-appointment as Deputy Prime Minister and Minister of Finance as the matter is academic.
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