My wife and son was with me.. They checked my car. There was already a long queue before me….

Throughout my journey to KL i saw FRU trucks and police van.

This is our stepping stone toward a better Mother Land.

Thanks allot for all take part on this “10 NOV 07 BERSIH Rally”.

Lets this be a severe warning to Bodohwi and SIL that the Rakyat is the true boss of this country.l

I am no expert but from little I think I know our Yang di-Pertuan Agong is, by article 40(2) of our Federal Constitution, conferred the discretion to appoint the Prime Minister based on the important constitutional criteria of his belonging as a member to the Dewan Rakyat and by article 43(2) of the Constitution his ability as well to command the confidence of the majority of the members of the House of Representatives.

He therefore theoretically can revoke appointment, appoint caretaker Prime Minister to pave the way to a general election if the Prime Minister no more commands the majority in Dewan Rakyat.

On 11 November 1975, Australia’s Governor-General (Sir John Kerr) dismissed Gough Whitlam as Prime Minister because he no longer comanded clear majority in the lower House of Representatives and his party was a minority in the upper house of Senate in which opposition Liberal-National Country Party coalition had a majority.

The Senate dominated by Opposition refused to vote on government’s annual budget bills necessary to meet the government’s financial comitments. The Lower House of Representatives would appear to do likewise.

Since government could not function because Whitlam did not command majoity in both Houses, the Governor General replaced Whitlam with caretaker PM Malcom Fraser from the Opposition to pave the way towards general election. In the GE, the opposition Coalition led by Malcom won clear majority in both houses, resolved the constitutional impasse of the annual budget bills not being able to be passed.

The Australian’s experience does not apply to us because Prime Minister, Datuk Seri Abdullah Ahmad Badawi controls clear majority in both Dewan Rakyat and Dewan Negara. There is no impasse or breakdown in workings of the government machinery. The King therefore cannot constitutionally remove the PM based on just the electoral reform issue. Neither does the electoral reform demands by Bersih request the Yang di Pertuan Agong to remove or dismiss the PM.

The memorandum to the King addresses basically two issues as far as I know:-

1. Heed the demands of the people for widespread electoral reform, including the establishment of a Royal Commission to review and reform the electoral system;

2. use his authority under Article 40(2) of the Federal Constitution to overrule any decision to dissolve Parliament as long as these four immediate demands are not met.

I think that request no. 1 is legally and constitutionally sanctioned.

This is because the establishment of Royal Commission under the Commissions Of Enquiry Act 1950 (Revised 1973), whether to review and reform the electoral system or to enquire into the judicial fixing as per the Lingam’s video tape is the King’s discretion or prerogative which is exercisable if HRH deems fit to do so with or without or even contrary to the government’s advice.

Where the Opposition is coming from as per request 2 is that there is no point – no level level playing field – for the PM to be allowed to call an earlier election before due date in 2009 based on timing fortutious to him and ruling coalition when there is no election reform to revamp the entire system militated in favour of the BN.

So the Opposition in Bersih march had asked the King not to agree to the PM’s request for dissolution of Parliament for General Elections based on the Agong’s prerogative under article 40(2) of the Federal Constitution.

The Opposition has done its homework here because the discretion of the King to dissolve parliament prematurely (before its constitutionally mandated due date) (which encompasses the corollary of not agreeing to dissolution as well) is personal ie, based on interpretation of the words of 40(2), not dependent on the advice of the Executive represented by the PM.

The trickier part of Request No. 2 is that although the King is not required by Constitution to heed the PM’s advice on dissolution of parliament, convention in most common law jurisdictions however dictates that the constitutional monarch abides by wishes of the Prime Minister on this issue even if it means the PM could cherry pick the best date to dissolve parliament for election based on circumstances calculated to benefit the incumbent ruling coalition.

The ultimate question is whether the King will jettison convention that has been in practice since this country’s independence and as I said also practised in other common law jurisdictions.

For the King to discard convention and the PM’s advice to dissolve parliament there will be an array of conceivable objections for examples:

(a) The King is a constitutional (not an absolute) monarch : so why is he taking partisan role to side with opposition to disregard the wish of the PM commanding the majority oin parliament?

(b) After all in a parliamentary democracy, the theory at least is that PM representing majority in Parliament reflects majority of rakyat wish. In contrast the monarch’s position is based on inherited power, wealth, influence and status for life – not on merit or popular public consent or past general election.

(c) Is it consistent with at least the theoretical precepts of democracy – and sovereignty of the people through their elected representatives in Parliament – for a King not to follow convention to listen to the PM commanding majority in Parliament wishing a dissolution of Parliament just because the Opposition Parties do not want or wish so based on allegations regarding the electoral system?

For these and other reasons I would think the King would not exercise such discretion to accede to request No. 2 even if he otherwise agrees to request no. 1 (that is by itself also not certain).

Enroute, I managed to make new friend – and did allayed his fears.

Thus far, the Bully Negara has been successful. The Chinese’ balls did shrunk. Some did say, don’t wear yellow! The Chinese has been forced to be submissive and just remain pragmatic and practical. To mind their own business, and slowly plan their way out of the country for a better future. On the grassroots, post-event, people have been talking. And I do my best to correct the wrong perceptions they getting from the tightly controlled media. This is the least I can do.

And of course, to make my point at the ballot box, whenever it is going to be.

I am going to stay put.

INI ADALAH NEGARAKU. Tanah tumpahnya darahku!

I am not familiar with Constitutional Law and the likes, but I would like to throw in one possible scenario. It may turn out to be ‘naive’ and can be shot down with a one-liner or it can start some interesting discussions.

Malaysia is a constitional monarchy akin to but perhaps not exactly like some other Commonwealth countries but its basis from Reid’s Commission surely must strike some similarities. Queen Elizabeth II, rising above politics, may have intervened in some matters in the UK. The Governor-General of Australia, who is the representative of its monarch (strangely enough the Queen of UK) had sacked the Prime Minister of Australia in 1975. The question is “Does DYMM YDP Agong have a similar role in perhaps in intervening in the affairs if this electoral reform issue comes to a stalemate and potentially sparking possible election boycott?”.

Perhaps someone with expert knowledge can shed some light on this.

Folks,

Please look at this statement by Undergrad2. Any difference from the usual race divide and conquer rhetorics by BN??

It is very different. If I ask, how come there are few Chinese at the rally? Does that make me a racist and MCA? If you don’t know the answer to a question and it is not compulsory for you to answer, just ignore it.

“Are we gonna look at everything from a race perspective?
Are we gonna be another BN, should the Opposition form the next government?”

Most of the time, we have to. If BA formed the next govt, most policies will still be formulated base on race, but that doesn’t BA will be racist. Yes, we don’t want BA to be BN in many other ways, for example, corrupted.

Folks,

Please look at this statement by Undergrad2. Any difference from the usual race divide and conquer rhetorics by BN??

Are we gonna look at everything from a race perspective??
Are we gonna be another BN, should the Opposition form the next government?

50 years of independence, and we still got idiots going on about race.

Although, it matters whether the opposition can replace the current government in proper once it is toppled by people power but a more important fact remains, if this is a reality, the rakyat will realized that people power do exists and it is possible for the common folk to change how they will be govern. This is the true people power.

*People should not be afraid of their governments. Governments should be afraid of their people.* (V For Vendetta – Alan Moore)

Hi Bigjoe,

Fully agree with you. What you said is so true. Political apathy is so entrenched in the non-malays especially the Chinese that it is hard to change now but change is needed.

But the danger of political apathy is well expressed in the poem written by a pastor, Martin Niemöller in Nazi Germany.

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I wasn’t a Jew.

When they came for me,
there was no one left to speak out.

Hopefully, this doesn’t come true in Malaysia.

Stop making this a race issue…you got something against indians?? In the wave that I was in there were more indians than there were Chinese…so what?? We were there together, regardless of race, religion and colour..where were you?? Comfy in your bed thousands of miles from here?

If you have a valid reason (exams, sick, overseas etc) then no one will blame you. But if you’re just simply scared, then lets hope you will take part in the next BERSIH rally.