Constitutional scandal of two Perak MBs – Abdullah should support dissolution and state elections


The Prime Minister, Datuk Seri Abdullah Ahmad Badawi is wrong when he said that Pakatan Rakyat must now accept a new government in Perak just as Barisan Nasional had accepted the results of last year’s general election.

The comparison is totally inappropriate. In fact, he should be the last person to make such a statement if he is serious about national integrity and morality in politics and public affairs which is one of his major promises and biggest failures of his premiership.

Abdullah cannot be unaware that there is a world of a difference between last year’s general election result and the current political crisis in Perak engineered by Umno leaders.

Last year’s general election results were the outcome of the exercise of the constitutional and democratic rights of the people of Perak to elect the government of their choice, while the present attempt to oust the legitimate Pakatan Rakyat government by UMNO and Barisan Nasional is a most unethical and opportunistic power-play frustrating the verdict of the voters in the March 8 general election last year.

If Abdullah is sincere and serious in wanting to eradicate political corruption and introduce ethical and principled politics, which he had repeatedly professed publicly, he should dissociate himself from the coup d’etat orchestrated by Deputy Prime Minister and the new Perak Umno leader Datuk Seri Najib Razak in the illegal and unconstitutional power grab in Perak through the defection of three and re-defection of one Perak state assembly person.

I call on Abdullah to support the dissolution of Perak State Assembly and the holding of state elections to resolve the political crisis in Perak and not to end his premiership with a constitutional scandal of two Mentri Besars in Perak.

Even if this is the only legacy of Abdullah in his five-year premiership, it will go a long way to strike a mortal blow at the bane of Malaysian politics – dishonest, unethical, immoral and money politics – and give meaning to the National Integrity Plan which he had launched with such fanfare five years ago but with so little results so far.

Although the Sultan of Perak has rejected the application of the Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin for a dissolution of the State Assembly, Nizar is still the legitimate Mentri Besar until he has been voted out by a “no confidence” motion in the Perak State Assembly.

Until such time, there is no vacancy in the post of Perak Mentri Besar.

Abdullah should advise Najib not to create a constitutional scandal of having two Mentri Besars in Perak and to fully respect the constitutional process and the people’s democratic right and mandate as expressed in last year’s general election – and the most democratic option is to return the mandate to the voters of Perak in a state-wide election to elect a new state government of their choice.

  1. #1 by taiking on Saturday, 7 February 2009 - 5:44 pm

    Applying umno-style money politics outside of umno to purchase political strength. Wrong move. Fatal move. The recent event I can feel is the last straw for people outside umno. For voters. For true malaysians. And for the country. Let us do what we can within the bounds of law to ensure that umno and umno-ism is eradicated once and for all and not just defeated. It is our duty to save ourselves and the country from the rot that has been spreading fast and wide.

  2. #2 by OrangRojak on Saturday, 7 February 2009 - 6:11 pm

    mendela, BBC have had this story on their Asia Pacific webpage since yesterday. I’m not surprised it hasn’t made the TV, it just sounds like another normal day in a palm-oil republic. Nobody died, it isn’t very funny, and worst of all, nobody was accused of taking it up the gary or being ‘too Jewish’. The BBC ‘did Malaysia to death’ in the run up to KT – there were several reports at that time. If they gave Perak coverage now, Mahathir would be screaming “interfering cross-dressing Jewish sodomites!” at them.

  3. #3 by voice on Saturday, 7 February 2009 - 6:33 pm

    for Hee, you can leave DAP if you are not happy with the leadership, but why support BN? it’s totally illogical, unless some events happened behind it.
    I hope we are not going backward in democracy

  4. #4 by nkkhoo on Saturday, 7 February 2009 - 6:36 pm

    All conscience minded bloggers, please start a SAY NO TO ZAMBRY campaign. I have designed three logos for you to download and put in your websites, blogs or even toilet.

    400X400 pixels: http://www.nkkhoo.com/wp-content/uploads/2009/02/the-rakyats-say-no-to-zambry-400.jpg

    250X250 pixels: http://www.nkkhoo.com/wp-content/uploads/2009/02/the-rakyats-say-no-to-zambry-250.jpg

    150X150 pixels: http://www.nkkhoo.com/wp-content/uploads/2009/02/the-rakyats-say-no-to-zambry-150.jpg

  5. #5 by nkkhoo on Saturday, 7 February 2009 - 6:38 pm

    DS Anwar please stop your nonsense “katak” defection game first. You have toppled PBS state government with this dirty tactic when you were in UMNO.

    Defection of any assemplypersons is against the will of rakyats who voted them in. PR stands no higher moral ground than BN in this “katak” game plan.

    Amend constitution to have anti-hopping law to settle this “katak” game once and forever.

  6. #6 by k1980 on Saturday, 7 February 2009 - 6:47 pm

    Voice: Hee, you can leave DAP if you are not happy with the leadership, but why support BN?

    Hee: Where to get the millions then? You wanna feed me? (Remember Chew MF asked YB LKS this)

  7. #7 by undergrad2 on Saturday, 7 February 2009 - 6:57 pm

    Onlooker Politics Says:

    February 7th, 2009 at 16: 12.20

    “The MB has committed immorality because he secretly keeps a fifth wife”

    Huh..?? Never knew a Muslim could take on a fifth wife – let alone keep the fact of the marriage a secret. Maybe one at a time but not all in a row.

    You won’t hear this come out even from the mouth of Ann Coulter, the syndicated columnist who makes a living out of bad-mouthing others.

  8. #8 by undergrad2 on Saturday, 7 February 2009 - 6:59 pm

    Hee who back stabs others can run but cannot hide.

  9. #9 by undergrad2 on Saturday, 7 February 2009 - 7:10 pm

    Onlooker Politics Says:

    February 7th, 2009 at 16: 12.20

    “a) MB has committed a severe crime;
    b) ……
    c) MB is certified by a medical doctor that he is incapable to satisfactorily perform his duty as an MB due to health reason or senility reason;”

    So thanks to Karpal, any MB who has committed say aggravated assault, murder and rape cannot now hope to continue in office. Thanks to Karpal, an MB who couldn’t remember how to get back to his home at the end of the day or that is the MB, cannot now hope to continue in office.

    I’ll drink to that!!

  10. #10 by Loh on Saturday, 7 February 2009 - 7:22 pm

    ///See what I mean – not like Godfather’s naive ‘got case then fight’ attitude that could get PR into even more problems (as usual)!///– Jeffrey

    The issue is not fighting the Sultan, or even BN. It is getting the court to settle whether the change of government has been carried out according to the provision of the state constitution. It is a case of believing that the country is governed by rule of law, and Pakatan Rakyat is willing to take action to be seen to demand that the government does the right thing.

    The word respect to the royalty has no place in relation to taking the ruler to court. There was a court case between a bank and the late former ruler of Negri Semilan whereby the court found that the Ruler had to make payment to the bank. The judge and the Bank cannot be said to have no respect for the Ruler.

    Similarly, if a court case is launched against the Sultan of Perak, it is a case of exercising the legal option to seek judgment on whether the Ruler had acted according to the constitution in regard to a particular issue, or that a different outcome should result.

    With regards to the political consideration as to whether overzealous loyalist would be offended and alienated if legal proceeding is launched this amounts to strategy on dirty tricks. Political parties should work on policies and implementation of government programs as a basis for soliciting support from voters. The use of sensitive issues to fish votes has been the main stay of UMNO all the past 51 years, and UMNO continues to pander to the wishes of those over-pampered vote banks. After 51 years when kids have become granddads and grandmothers, they have not matured beyond sensitive issues and they can’t be expected to do so anytime soon. .

    If Pakatan cannot fight for the right to rule, how can the voters expect them to fight for better lives for them?

    If it can be accepted that the Ruler can do as he pleases based on his position as the ruler, then it is accepted that he can act outside the constitution. He is then an absolute ruler who can do as his pleases based on the respect the subjects are bound to have for him. Is that what the UMNO politicians want the people to behave? If so, then UMNO is involving the rulers in politics.

  11. #11 by undergrad2 on Saturday, 7 February 2009 - 7:33 pm

    Are you saying that a candidate for the post of head of the executive branch is not vetted for any of these right now? You may have a point.

    There are no direct elections (a process which would ordinarily eliminate candidates with a controversial past) to the post of head of the executive branch in this country, and as a result we currently have a politician who despite the controversy surrounding his character is about to take on the most powerful job in the country. However, it is not for the lack of vetting. It is all about entitlement.

  12. #12 by undergrad2 on Saturday, 7 February 2009 - 7:34 pm

    This country is going to the dogs!

  13. #13 by lhslhv on Saturday, 7 February 2009 - 7:50 pm

    I still hear the cry that this is Malay land and the non-Malay citizens should have no rights in Malaysia.

    If this stereotype perception continues, there is no true Malaysians. We are still considered squarters by second generation mamak as recent as a few months ago. If the majority of the Malay education still wrongfully propagate this stereotype, Malaysian citizens have no hope of being Malaysians.

    There will still be “kataks” hopping here and there generations after generations.

  14. #14 by alberttye on Saturday, 7 February 2009 - 7:56 pm

    Good news. Nazi..b is reported to be not coming to the BN celebration tonight at Yuk Choy Primary School in Ipoh. Neither is the pirate MB ZamZam.
    Apparently, they are scared to face the people who will ‘greet’ them with open arms !!!
    They feel guilty now as they are in the wrong.
    MB Nizar and his government is in the right and will definitely emerge victors in the end.
    The people must continue the boycott BN campaign in Perak as the DPM and the pirate MB are having guilt in their heart !

  15. #15 by alberttye on Saturday, 7 February 2009 - 8:08 pm

    nkKhoo,
    Well done. I have disseminate to my friend the boycott poster
    http://www.nkkhoo.com/wp-content/uploads/2009

  16. #16 by ktteokt on Saturday, 7 February 2009 - 8:23 pm

    alberttye, so this is what BN considers as VICTORY??

  17. #17 by nkkhoo on Saturday, 7 February 2009 - 8:58 pm

  18. #18 by shah pinang on Saturday, 7 February 2009 - 9:36 pm

    Since my previous comment is still under moderation- perhaps for ‘questioning’ (I was not even doing that come to think of it) the ‘band of cousins’ -YB Lim I will be a bit astonished if you do condone to such censoring on your blog. I hope am not going to be moderated by just making this statement.

    Anyhow here I just cut and paste my other points:

    Ku Li: Why Nizar is still the MB
    “Datuk Seri Mohammad Nizar Jamaluddin is still the Perak Mentri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the State Assembly”, said Tengku Razaleigh Hamzah.
    ——————————————————————————————–
    Dato Seri IR Nizar will always be the Perakian’s MB! I agree with Jeffrey- PR/Nizar’s decision to maintain legal recourse (but not directed at the HRH Sultan) is a measured and well calculated strategy. Before am accuse of adopting a ‘flip-flop’ mentality-(no pun intended Godfather) I have said all along this is part of the ‘regrouping’ process. We are ‘retreating’ from the battle-and now engaging in a war of attrition. We seek to strengthen the constitutional position of the Pakatan administration and delegitimize BN’s coup de tat. Zambry might still be the MB at the end of the day-but severely weaken in the eye of the people and the rules of law. And the silver lining in the cloud- The illegal administration might collapse and HRH Sultan will have no choice but to call for a fresh election.
    ——————————————————————-
    Pertaining to the legal recourse, I was like ‘here we go again’ when the BN main stream medias like a happy katak -airing the statement YB Karpal made of the issue(yesterday). The one sentence they make sure everybody listen to was “Sultan Perak will be the first defendant”………..and then today both YAB Dato IR Nizar & Dato Seri Anwar had to clean up the ‘PR” mess- PR can be Pakatan Rakyat or Public Relation- the irony *sigh* some people never learn do they? and Lo and Behold the next half and hour of the news report is about Monarchy vs Pakatan,Raja-raja Melayu vs the disrespectful Pakatan members and supporters, Malays who love their sultan vs those basically non-Malays who do not give a hoot to kedaulatan sultan etc.
    Regardless of your views, you are just playing to Najib’s tunes when you start waging a war against the very institution which symbolizes the unity and the courage of the people to accept Pakatan’s rule in Selangor,Kelantan,Kedah and Perak of course before the coup de tat. What YB Karpal and some Pakatan members are doing at the moment is akin to “throwing one’s toys out of the pram”. HRH Sultan is not infallible of course, but considering HRH is still one of the ‘respected’ Malay rulers in the country- this is NOT the right time to antagonize the public opinion by making such a blatant ‘threat’. Want to sue somebody- yeah go ahead and sue Zambry, Najib, UMNO Perak, whoever for making a mockery of the constitution and for blackmailing or misleading HRH Sultan into believing that MB Nizar cease to command the majority etc. Focus on the four kataks-force a ruling to get them vacate the seats and so forth. They are so many ‘battles’ or ways of approaching this war- so what’s the obsession with ‘defaming’ HRH Sultan?

  19. #19 by shamshul anuar on Sunday, 8 February 2009 - 12:09 am

    DEar LBJ,

    How you can come come up with such a conclusion about power struggle in UMNO that resulted in Nizar’s govt collapsing is rather “mind boggling” to everybody.

    Let us examine the case. Nizar’s govt played dirty by “bribing” ADUn Bota. BN reacted by inducing Hee and the 2 PKR assemblymen to switch camp.

    Perhaps you forgot how Anwar tried so hard to “bribe” BN MPs just to fulfill his long time ambition of becoming PM. He started the the dirty phsychological campaign. And he was beaten by BN using the very way he promoted .

    The moral of the story is that if Anwar is willing to play dirty, he must be willing to pay the price. So, now, please accept the result of your greed; your govt collapsed in Perak.

    In no way, switching camp is honourable. But spare the double standard . What did Uncle Lim say about Anwar’s telling the whole world aboit toppling the govt that had received the mandate to rule Malaysia. Why Uncle Lim goes along with the plan? I never heard him saying anthing about not joining PKR’s greed to capture Federal govt.

    I never heard him saying to Anwar to respect the mandate accorded to BN. I never heard Uncle Lim saying to Anwar about the right way is winning the next election in order to be PM.

    Why on earh cry out loud when just days ago, Anwar “bribed” ADUN Bota to join PKR. Why now cry out loud when BN also play using the same strategy. What make PR so special that its sins can be absolved but the same act being condemned as heinous if done by BN?

    Why the double standard? why? Why Uncle LIm? Why?

    What make you think that Nizar had performed admirably( if admirably means relegating Malays to 3rd class race)?.

    As for suing the Sultan, do remember that that options goes hand to hand to losing Malay support considerable if not entirely.

  20. #20 by raven77 on Sunday, 8 February 2009 - 12:23 am

    Zambry the illegitimate MB…will never walk alone…all of us…yes, PAS, DAP, PKR will always be there to accompany him……every function, event, meeting, by his gate, by his wife, by his children. Yes Zambry…you are the man….you will never walk alone. Waiting to shake your hand on Chinese New Year celebrations….anyone care for a glass of arsenic.

  21. #21 by raven77 on Sunday, 8 February 2009 - 12:25 am

    Zambry the illegitimate MB…will never walk alone…all of us…yes, PAS, DAP, PKR will always be there to accompany him……every function, event, meeting by his gate, by his wife, by his children. Yes Zambry…you are the man….you will never walk alone. Waiting to shake your hand on Chinese New Year celebrations….anyone care for a glass of cyanide

  22. #22 by sirrganass on Sunday, 8 February 2009 - 1:03 am

    //I agree with many of them who said that PR should let BN have the state of Perak. In this way you all will gain more respect. PR must show that it is a civilised and educated party. They do not behave like BN plunderers. Yes, run away to fight another day and you will be stronger.

    //i think nothing much PR can do now…. just pack and say.. “We will be back…!!!” Let BN have Perak. Let them dig themselves deeper into the hole.

    //I agree that PR should let the matter rest and leave now as everyone knows they had been stab in the back and snatched from them. The Rakyat knows and Perakians will not forget.

    //Now its, BN + Police + State Secretary + Sultan + Bar Council (Ambiga) agst the Rakyat – RESPECT FOR THE SULTAN”S ORDER IS VERY IMPORTANT!

    //Go back to your camps to lick your wounds. Learn from the Chinese kung fu films……lose this round…learns more tricks…stay close and intimate to Rakyat and then when GE 13 comes….victory is yours. Cool down now. Fight another day!

    =====

    //Thank you YAB Dato’ IR Nizar. You have ‘fought’ well. You are the very few individuals that we can look up to as a role model. A true Malaysian, Perakian and in actual fact the true servant of HRH of Sultan. Not those ’snakes’ who rather see Perak in ruins for their own interest.

    //To Ah Jib, Yes, you take over Perak, don’t forget your rating sink even more because of your illegal means. Soon you will be the Most-Rotten & disgraceful PM in the history of Malaysia. Like George Bush. Despise by the world including his countrymen. Got a gift of a shoe before he stepped down.

    //Prediction of 13th state GE results in Perak: Pakatan 59 B end 0 – and Najib (N) is definately “the last PM” (R.A.H.M.A.N) – Now Perak is having “27 YBs + 4 YTs” (YT = Yang Terkutuk) and Sultan Perak has just C4ed the democracy in Perak

    =====

    //Sampai hati Sultan mengkhianati Rakyat sendiri. Sebelum ni, Rakyat benci UMNO/BN. Janganlah sampai SULTAN pun dibenci oleh RAKYAT sendiri. Dulu orang Cina DAP sahaja disalahkan kerana tidak taat pada sultan. TAPI SEKARANG???

  23. #23 by kcb on Sunday, 8 February 2009 - 3:54 am

    “….The devil tempted her with millions and she agreed to exchange it for her “soul”.
    Not only she sold her “soul” but she too absconded those voters hope as well.
    She even tarnished the image of all those handicap fellas in this country.
    The chinese believed that there are 18 levels in hell.
    So for traitor Yee! with the millions that you’ve gained from your action, I hope that you could bring along all of those fortunes of yours, to bribe your way down, till your time comes.” – Thor

    If it is indeed true that she has acquired millions under such circumstances, then she will not be able to enjoy those millions as Chinese believe that one will have to endure painful sufferings to waste away all such ill gotten gain, e.g. from serious illnesses, bad luck, misfortunes in the family and etc.

    Congratulations to Hee for having earned herself a permanent spot in Malaysian history, a name that every rakyat will remember for many generations to come, a name that every rakyat will show extreme disgust!!!

  24. #24 by Jeffrey on Sunday, 8 February 2009 - 6:54 am

    “The word respect to the royalty has no place in relation to taking the ruler to court” -Loh said February 7th, 2009 at 19: 22.28

    A Ruler/Judge incurring a debt and not paying it to the bnak/creditor or a committing a civil crime should be taken to court because here Ruler/Judge himself is “disrespecting” institution of Monarchy/Judiciary.

    It is more difficult when a Monarch exercised a constitutional duty and made a call that is widely perceived wrong or even bias – just as in the case when a Judge in exercise of judicial function decides a case which is wrong in law or facts , can one sue either the Monarch or the Judge for making a wrong call in the exercise of their lawful functions (given no human being is infallible)? I agree this is especially a problem when the person who made wrong call –whether monarch or Supreme/Federal Court has no higher authority above him to correct his wrong decision.

    However there must be more than 1 way to skin a cat, isn’t it?
    Don’t get me wrong : I am not saying PR takes what is happening in Perak lying down. It should respond but respond in a way that makes sense serving of its interest than the opposite.

    Response that makes sense would include for example taking the case for judicial review but naming parties other than Royalty (exercising constitutional function). Its not that PR will win the case. Case takes years besides no one is certain Courts will decide in PR’s favour : its more symbolic to demonstrate that PR does not yield or concede to unconstitutional takeover of the Perak State Govt that may be necessary for other counter actions like the one suggested by Nik Aziz ie PAS (and maybe perhaps other Opposition parties or their states) do not recognise Perak new state govt.

    However I don’t take its very smart to sue Royalty that may be twisted by the other side against PR as elaborated by shah pinang in posting February 7th, 2009 at 21: 36.21

    I am not sure that its even smart for Nizar to continue “running” the state as 2nd “shadow” MB from MB’s residence without pay, car, recognition by Fed Govt, trying to schediule appointments with investors and consultants who won’t be seeing him.

    How long can this pathetic charade go on without damage to one’s dignity? It doesn’t mean that if Nizar were not doing all this, he is necessarily conceding the constitutionality of the coup. There are other ways to make a point : ceertainly not the extreme and thoughtless way of returning the Datoship/title to the Sultan, as suggested by Godfather, which makes it personal…and may be (again) twisted by the other side as a slight/insult to Royalty Institution.

  25. #25 by Jeffrey on Sunday, 8 February 2009 - 6:56 am

    Typo error in 2nd para above rectifioed in capitals : ” Ruler/Judge incurring a debt and not paying it to the bANk/creditor or a committing A CRIME should be taken to court because here Ruler/Judge himself is “disrespecting” institution of Monarchy/Judiciary.” Sorry.

  26. #26 by lopez on Sunday, 8 February 2009 - 7:59 am

    gentlemen,
    we really have a nut head here desperately congruent in thoughts and actions of a crook in high position.

    wonder which sewer he ca be found hiding after the dust settles.

  27. #27 by digard on Sunday, 8 February 2009 - 10:44 am

    May I express my view that the concept of ‘Monarchy’ is kind of outdated? Or would that be considered ’seditious’?

  28. #28 by k1980 on Sunday, 8 February 2009 - 2:12 pm

    Question especially for Perakians:

    If you see a snake and a polio-afflicted frog (that is to say, it hops with a limp), which would you wallop first?

  29. #29 by i_love_malaysia on Sunday, 8 February 2009 - 8:22 pm

    What ever allowed under the laws may not be right to do because of moral issue e.g. many countries allow prostitution and gambling (Malaysia allows gambling too), but that does not mean that it is the right thing to do or advisable to do!!!
    Similarly, even the law didn’t disallow for party hopping but it is not the right thing to do when it is going against the interest of the Rakyat!!!
    Najis is blaming PR for starting the hopping thing, but BN had done this many many times before this!!!

  30. #30 by i_love_malaysia on Sunday, 8 February 2009 - 8:47 pm

    I forsee the exponential down fall of BN!!! A righteous govt wont be using the same dirty tactics as it claimed to grap power from a legitimate govt!!!
    Rakyat should vote all BN out, this is the last thing they can do!!!

  31. #31 by orang_cina on Sunday, 8 February 2009 - 10:33 pm

    Best if, all Ipoh folks unite, and start a 500,000 rally.
    It happened in HK in 2004, which indirectly forced Tung Chee Hwa out of LEGCO.

  32. #32 by zak_hammaad on Sunday, 8 February 2009 - 10:59 pm

    Looks like someone from Pakatan FINALLY voiced what I have been saying all along!

    Karpal has asked Anwar to step down and that “Pakatan Rakyat needed another leader, a good leader”. He also lashed out at PKR and DAP leaders who had fallen sway to Anwar’s rhetoric in supporting crossovers of elected representatives.

    As the saying goes: “so you reap, so…”

  33. #33 by undergrad2 on Monday, 9 February 2009 - 8:37 am

    You reap what you sow??

  34. #34 by Loh on Tuesday, 10 February 2009 - 9:22 pm

    A similar incident which happened in 1966 had a hearing in the court. The judge said: …..In Sarawak, it seems to me that a Chief Minister may advise a dissolution, even though he has not as yet lost the confidence of Council Negri. In such circumstances, the Governor’s refusal to dissolve might be conventionally unconstitutional, although not illegal.”

    The mild disagreement got Stephen Kalong Ningkam reinstated.

    A similar observation will give Perak voters a chance to express their reactions to kataks. His Highness could still claim that he was legally correct, in keeping with his standing as expert in law.

    If Pakatan Rakyat is prevented from taking the case to court, it proves only that the country has moved backward from what had been achieved in 1966. The ministers who claim to base on rule of law to run the country are actively prompting party members to take the case to the streets. That could be the reason why they are afraid of facing fresh election in Perak.

  35. #35 by NanoNano on Wednesday, 11 February 2009 - 1:42 pm

    Looks like Malaysia has yet to achieve real political maturity. I thought we had it on March 8. But with the coup de’tat in Perak, looks like not. I believe Nizar should vacate the MB’s office for now. PR shud then go all out to win the two coming by-elections.

    And winning in these 2 by-elections would then show all and sundry that those in power should not usurp and destroy the constitutional and democratic processes in the country.

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