The Prime Minister-in-waiting, Datuk Seri Najib Razak, who has taken over as Perak UMNO and Barisan Nasional leader, should stop the attempt at the illegal and unconstitutional grab for power in Perak and respect the constitutional process and the mandate of the people of Perak.
The Perak Pakatan Rakyat Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin yesterday had an audience with the Sultan of Perak, Sultan Azlan Shah to seek the dissolution of the Perak State Assembly and to hold state election, as returning the mandate to the voters is the most honourable and democratic manner to resolve the political crisis in Perak.
In his book “Constitutional Monarchy, Rule of Law and Good Governance” (2004), the former Lord President wrote:
“Under normal circumstances, it is taken for granted that the Yang di-Pertuan Agong would not withhold his consent to a request for dissolution of parliament. His role is purely formal.”
He also pointed out that no sultan or agung had withheld consent to dissolve legislative body, except in Kelantan in 1977.
While the Sultan’s decision on the Mentri Besar’s request for dissolution of the Perak State Assembly is awaited, it is most improper and unconstitutional for Najib to attempt an illegal and unconstitutional grab for power in Perak state to frustrate the will and wishes of the people of Perak in the March general election last year.
This is because the Pakatan Rakyat state government in Perak continues as a legitimate, effective and functioning one, even if the Mentri Besar’s request for dissolution of the State Assembly is denied by the Sultan, and it is premature for Najib to talk about forming a new Barisan Nasional state government in Perak.
Article 16(6) of the Perak State Constitution provides for the dissolution of the State Assembly with the consent of the Sultan or the mentri besar’s resignation if the mentri besar ceases to enjoy the confidence of the majority of the state assembly.
However, the determination of whether the Mentri Besar has lost the confidence of the majority of the state assembly could only be done by a vote of no confidence in the State Assembly, and not by a claim by Najib outside the State Assembly, especially when it is based on dubious and highly disputable grounds.
This is because Najib’s claim that the Barisan Nasional has the necessary numbers in the State Assembly to form the government has still to be proved by way of a motion in the State Assembly.
Although Najib has engineered the defection of three Pakatan Rakyat state assembly persons, the Speaker of the Perak State Assembly had declared their seats vacant and their claims to continue as State Assembly representatives are not recognised by the Speaker in the Assembly.
Excluding the three defectors, there is at most a 28-28 tie between the Pakatan Rakyat and Barisan Nasional in the Perak State Assembly.
Until the Barisan Nasional can succeed in getting a vote of no confidence passed in the State Assembly, the Pakatan Rakyat Mentri Besar and state government should not be hindered from carrying out their tasks as the legitimate, effective and functioning state government.
I call on Najib to cease and desist from any attempt at illegal and unconstitutional grab of power in Perak State government in utter disregard of the constitutional process and the mandate of the people of Perak as this will be a very ominous start for the Najib premiership which is to begin next month when Datuk Seri Abdullah Ahmad Badawi steps down as the fifth Prime Minister of Malaysia.

#1 by StevePCH on Thursday, 5 February 2009 - 2:24 pm
give up … bye bye Perak … wait till next election. I will go back one last time and then transfer to Selangor. What can we say ? BN has got finacial influance over Judiciary and Monarchy. No point hanging to the post Nizar. We can and will get it back.
Back then, everyone said that Islamist PAS cannot be Perak MB. Now it seems like it’s proven baseless.
Long Live Perak … despite the lost of respect etc…. democracy will prevail !!!
#2 by Jeffrey on Thursday, 5 February 2009 - 2:26 pm
Latest from Malaysiakini Feb 5:
“2pm: Anwar arrives at Mohd Nizar’s house. He is expected to hold a press conference together the menteri besar and Penang CM Lim Guan Eng at 3pm.
1.32pm: PKR source says that the sultan had asked Mohd Nizar to step down as menteri besar to allow a smooth transistion of power at their brief meeting today but the latter had refused to do so.
1.30pm: Najib just ended his Perak Umno meeting and left the party’s state headquarters without calling a press conference. It is learnt there was a discussion on who to be appointed as new menteri besar.
12.50pm: Najib is presently chairing an Umno meeting in Ipoh where the choice of the new menteri besar is being discussed. He is expected to call for a press conference within the next hour.
12.40pm: There is an indication that Sultan Azlan Shah will allow Barisan Nasional to form a state government with the participation of three independents.”
BN’s strategy is simple : (1) not allow the state election that is to its disadvantage (2) after installing BN’s MB with help of defectors, consolidate power in state govt by offering some more enticements for crossovers from so called disgruntled PR’s assemblymen who may for whatever reasons including positions to cross and help widen the gap of majority so that a counter cross over attempt by Anwar by same tactics is pre-empted and prevented (3) after success of such a strategy (where BN’s reputation is anyway already “tainted” by Perak takeover, proceed further with other vulnerable states controlled by PR, eg Kedah, which don’t be surprised may happen not too long from now, which in any event will not leave a greater taint than the mark already made in Perak now…..(4) and with this Perak coup, Najib could, by the coming UMNO General Assembly, enhance his prestige amongst warlords for being able to do an ‘Anwar on Anwar’, mitigate the factionalism within UMNO to unite UMNO ranks and files and warlords behind him against competing claims of people like Ku Li or others, and hopefully with this new unity forged, implement policies without dissent that he perceives would restore some of the lost goodwill and draw back more of the rakyat’s support before the next general elections.
What is interesting – and maybe even dangerous – is Anwar/PR’s response in a situation where traditional ettiquette and gentlemen club rules no longer apply (as in a BN’s coup by defection equation in Perak) : Mohd Nizar’s refusal to step down as advised by Tuanku will precipitate a constitutional crisis of (at this moment) uncertain outcome, especially when defiance of HRM Tuanku’s opinion is unprecedented by local adat customs and culture….
However if and assuming Mohd Nizar does not budge his decision to step down backed by remaining PR assembly men, it is a standoff and it is conceivable that Anwar will fall back on his well tried strategy (when chips are down) of having protest rallies in the people’s name to back PR’s stand on one side – and on the other side the Federal BN govt will argue that it shall not permit (also in people’s name) the Perak state govt to come to a standstill just because PR wants to fight constitutional issues in Court that would take time.
Basically it is also paving the way – and providing an additional excuse – for present federal government to crack down (with PR leaders esp Anwar on target list) and send its forces in ostensibly under the excuse of “necessity” to defend the Constitution from an impasse and lawlessness.
Bursa will have another round of tremors if such a situation develops ill further adverse impact on sentiments relating to the economy.
#3 by computation on Thursday, 5 February 2009 - 2:27 pm
in the malaysian courts you have malay
police begging for their life in the kangaroo courts.
should the malays be proud of how they have
let their people run and administer the country?
why not learn from others? why not be more
humble?
#4 by Thinking Two on Thursday, 5 February 2009 - 2:59 pm
Sultan has asked Nazir to resign at 2.25pm
#5 by k1980 on Thursday, 5 February 2009 - 3:04 pm
What will be the fate of Hee?
Judas, remorseful, dies soon after his betrayal of Jesus. In the Gospel of Matthew he returns the 30 silver coins and hangs himself. In the Acts of the Apostles he keeps the coins, buys a field, and falls down there, disemboweled.
#6 by etacude on Thursday, 5 February 2009 - 3:18 pm
i really dont know what kind of message Perak Sultan is trying to sent with his latest decision.
#7 by phat on Thursday, 5 February 2009 - 4:10 pm
I keep wondering if there’s any God fearing soul in BN/UMNO.
All have been conquered by the evil force…money…money…money…Go to hell with your money and curses.
#8 by shamshul anuar on Thursday, 5 February 2009 - 5:39 pm
Dear etacude,
The Sultan has the right to decide in this situation. His Highness may want to avoid another election that is time consuming, costly and actually unnecessary.
#9 by rubini on Thursday, 5 February 2009 - 6:34 pm
It is indeed a SAD day for the Rakyat who have been hijacked by the TRAITORS with the connivence of BN/UMNO. Najib has shown his true colours on what kind of politician he is made out to be.
In one way it is good for the Rakyat to know now that the BN/UMNO government are corrupt to the CORE & the head the most corrupt of all. He is well aware that BN/UMNO cannot win any more elections, so he using a backdoor to rise to Power. It’s better to be HONEST & SINCERE like the PR government. I salute Perak MB Datuk Nizar, DON’T worry, the BN/UMNO government is doomed come any elections, Najib just sealed his fate. The end is coming for BN/UMNO, nothing can change that.
#10 by boh-liao on Thursday, 5 February 2009 - 7:01 pm
Now AI baru tahu he is not as powerful as he thought.
The dark forces are much more powerful.
Now we see why so many courst cases have been postponed and postponed – maybe to wait till a time when the BN has regained all the states, then hentam all the pretenders!
There is only the Money God roaming around during this Lunar New Year festival. Obviously some people received lots from the Chai Shern Yeh!
#11 by badak on Thursday, 5 February 2009 - 7:30 pm
We should all accept the Sultans decision. The best thing Nizar can do now, is to take EC to court for not calling for a by-election in changkat jering and Behrang.
For now most Malayians had lost their respect towards the sultan.
#12 by shortie kiasu on Thursday, 5 February 2009 - 8:58 pm
Today indeed is a sad day for the people of Perak, who had spoken through their vote on March 8th 2008. They are deprived of their democratic rights under the constitution, are now presented with a tainted state government, with tainted people’s representatives touted by the BN to win over the ruling right, with representative who can do double and triple summersaults by leapfroging the one from Bota, and who care for her interest instead of the people the one from Jelapang.
We only hope the corruption court would expedite the cases against the tainted 2 assemblymen for corruption.
It is sad to see BN also stoop so low as to take in such dubious characters just for the sake to rule the state.
#13 by Taxidriver on Thursday, 5 February 2009 - 9:56 pm
This political uncertainty is not going to end immediately; with one side claiming to have the numbers, while the other says they do not, citing that the 2 assemblymen have actually resigned and having the letters to support their claim. Then again, going by the Perak State Constitution, Nizar is still the rightful MB. The onus is on UMNO to prove their claim if indeed they really do have that magic number. Then they need to pass a a vote of no-confidence…………..As it is, Malaysia is facing economic recession, and the last thing we need is a legal tussle which we have no idea when it will end.
#14 by lextcs on Friday, 6 February 2009 - 12:39 am
uncle kit and uncle anwar should be totally blamed for this fiasco…..you guys are too hungry for power in the federal level so much so that u needlessly accept one unneccessary frog to lose the whole govt….Stupidity is the best word to describe you guys….as for anwar….game over…all credibility lost….no more dates for power grab?….
#15 by disapointed86 on Friday, 6 February 2009 - 4:31 am
honestly..there is internal problems with the PR state govt..why PR need to put the ngeh/nga cousins for the top 2 posts…i dont think this is the right choice to do…why dont put some other guys not blood related??…and maybe an indian??..gosh…and what i can see that the “cousins” are considered as tag team partner…very bad choice perhaps…
#16 by mother of three on Friday, 6 February 2009 - 7:17 am
Seems to me everything were pre-planned due to the “tanah” issue.Why Najib was very confident and announced to everyone of the taking over before even meeting the Sultan?Is the sultan happy about the “tanah” issue? Even an ordinary citizen of Malaysia will know that dissolving the “DUN’ is the best solution.Why that does not happen? Simple,everyone know that fresh election will give PR more seats and they just do not want that to happen.Demise of democracy and people’s power.
#17 by mother of three on Friday, 6 February 2009 - 7:29 am
If everything is so simple as this then I think no need to waste money and time on election.Just take over whatever state and why care about the people.Afterall,what can the people do.yeah what can the people do…………
#18 by boh-liao on Friday, 6 February 2009 - 1:50 pm
If you are not happy with the katak and must still be civil (cannot throw shoes at them), maybe you can give them your old shoes, sandals, slippers.
Please deposit your old shoes, sandals, slippers at their homes or service centers.
Also, voters of the three constituencies must encourage and continuously pester these greedy katak to resign as state assemblymen and woman to have by elections. This is the least honorable thing they can do, after having pocketed $$$$$ from BN. Put pressure on them and their family members so that they must RESIGN to let voters decide again if they want PR or BN to represent them.
If they still want to represent the people, let them be the BN candidates! Insult them and pressurise them to resign! No need to be polite to these unscrupulous and greedy political animals! Have buy and bye elections so that NR and BN can pour money into the constituencies. At least, they can then bring direct benefits to the people of the three constituencies, rather than just enriching themselves after being elected by the people and betraying people’s trust!
Voters put them there and voters should and must force them down. Nothing wrong with that! The people must let them know that they are nobody without the votes from the people, WHO ARE THE BOSSES, not them.
May the force be the rakyat! Just DO IT!
#19 by wesuffer on Friday, 6 February 2009 - 2:42 pm
All perakian especialy who supporting PR. sad or angry should stop now..
be gentlement, want to fight back our justice as rakyat. 4 years later rememeber vote to PR. party
we can wait 51 years today , 4 years we can wait not ?