Case Review Stephen Kalong Ningkan

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STEPHEN KALONG NINGKAN V.

Tun Abang Haji Openg & Tawi Sli
[1966] 2 MLJ 187
CITATION [1966]2 MLJ 187
FACTS Article 6(3) of the Constitution of the State of Sarawak gives power to the
Governor to appoint as Chief Minister a member of the Council Negri.
Article 7(1) provides that if the Chief Minister ceases to command the
confidence of a majority of the members of the Council Negri.
On the 16th June 1966, the Governor of Sarawak (the first defendant) received
a letter signed by 21 members of the Council Negri to the effect that the writers
had no longer any confidence in the plaintiff, their Chief Minister.
The plaintiff in his reply of the 17th June informed the Governor that the
Governor's views as to the loss of confidence of the members of the Council
Negri in the plaintiff was not supported by the meeting of the Council Negri held
on the 14th June.
The plaintiff then commenced proceedings against the Governor and the second
defendant.
COURT 1. The Governor of Sarawak was limited by Article 6(3) of the Constitution of
Sarawak to be appointing as Chief Minister a member of the Council
DECISION Negri who in his judgment was likely to command the confidence of the
Council Negri and therefore it followed by section 21 of the Interpretation
Ordinance. Under the provisions of the Sarawak Constitution lack of
confidence may be demonstrated only by a vote in the Council Negri.
2. If the Constitution of Sarawak could be construed as giving to the Govern

or a power to dismiss the Chief Minister when he had refused to resign
and failed to advise a dissolution.
3. The purported dismissal of the plaintiff by the Governor was ultra vires
null and void and judgment should be entered as prayed.
ISSUE (a) a declaration that the Governor acted unconstitutionally when he declared on
the 17th June that the plaintiff had ceased to hold the office of Chief Minister;
(b) a declaration that the Governor should not have relieved the plaintiff from the
office of Chief Minister on the ground of alleged loss of confidence in the plaintif
f as Chief Minister:
(c) a declaration that the purported dismissal of the plaintiff by the Governor was
ultra vires, null and void;
(d) a declaration that the plaintiff is and has been at all material times the Chief
Minister of Sarawak and
(e) an injunction restraining the second defendant from acting as Chief Minister.
GROUND OF JUDGEMENT
Lack of confidence can only be demonstrated in Council
Negri
The court distinguish this case from Adegbenro v. Akintola, due to several
reasons
a) In the Nigerian case it was mathematically beyond question that more that half
the House no longer supported the Premier. (In this case its 21 out of 42
members)
b) The measurement in Nigeria was a measurement of "support not of
"confidence". The Sarawak Constitution is dated after the decision of
Adegbenro v. Akintola, and the court suggested "confidence" of a majority of
members, may imply reference to a vote such as a vote of confidence or a vot
e on a major issue.
GROUND OF JUDGEMENT
Negri
c) In Nigeria it was not disputed that the Governor had express power to remove
the Premier from office if he no longer commanded support. (It is disputed in
the current case)
d) In Nigeria the Governor had express power to assess the situation "as it
appeared to him".
e) In Nigeria all Ministers, including the Premier, held office "during the Governor'
s pleasure. (Article 7(3): that all Ministers other than the Chief Minister hold
office at the Governor's pleasure)
GROUND OF JUDGEMENT
Negri
Thus court held lack of confidence may be demonstrated only by a vote in

Council Negri. Men who put their names to a "Top Secret" letter may well
hesitate to vote publicly in support of their private views.
GROUND OF JUDGEMENT
The Gorvernor of Sarawak has no power to dismiss the
Chief Minister
Section 21 of the Interpretation Ordinance general effect which is that when
there is power to appoint there is power to dismiss.
However, where the appointment is "subject to the approval ... of some other
person ... the power of dismissal shall only be exercisable ... subject to the
approval ... of such other person."
If the appointment of a Chief Minister is subject to the approval of Council

Negri, then by this section 21 dismissal also would be subject to its approval.
GROUND OF JUDGEMENT
Article 6(3) of the Constitution states that the Governor has the power to
appoint a Chief Minister, a member of Council Negri who in his judgement
commands the Councils confidence.
Only in the situation when Council Negri has shown lack of confidence
can the Governor dismiss the Chief Minister.
Differences between the case of Dato
Seri Ir Hj M Nizar and Stephen Kalo
ng Ningkan
Stephen Kalong Ningkan
[1966] 2 MLJ 187
Facts
Details on the CMs dismissal
The dismissal of the Chief Minister of Sarawak was done through the vote of no confidence
from the members of State Legislative Assembly.
Tender of resignation
Held
Under the provisions of the Sarawak Constitution lack of confidence may be demonstrated
only by a vote in the Council Negeri.
Dato Seri Ir Hj M Nizar [2010] 2MLJ 285
Facts
Details on the CMs dismissal
There was no motion of vote of no confidence. However , after 3 members of the state legislative assembly
informed His Royal Highness that they no longer support PKR. His Royal Highness later sworn in the respondent as
the new Chief Minister of Perak.
Tender of resignation
Held
Nothing in the State Constitution stipulating that the loss of confidence in the Chief Minister have to be
established through a vote in the Legislative Assembly. Evidence of loss of confidence in the CM may be
gathered from extraneous sources provided, they are properly established.
THANK YOU

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STEPHEN KALONG NINGKAN V.

2. If the Constitution of Sarawak could be construed as giving to the Govern

Thus court held lack of confidence may be demonstrated only by a vote in

If the appointment of a Chief Minister is subject to the approval of Council

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