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 by mother of three on Saturday, 7 February 2009 - 12:53 am
Next election???????Don’t be too confident.By then, many things will be changed and more new laws will be in place in order to favour them. Another M.Kutty’s era or maybe worst than that in progress.God bless us.Better take my EPF and fly to other country.
#2 by Jeffrey on Saturday, 7 February 2009 - 1:02 am
“Also aren’t you forgetting that a large number of Malays are together with the non-Malays on the issue??” – Undergrad2
Yes – on issue of removal of Nizar by BN via defection numbers.
Though it is connected to Ruler’s decision, however will it be the same that a large number of same Malays are equally together with the non-Malays on the issue of instituting legal suit against the Sultan?
I am not sure on that – and I don’t think Nik Aziz is either that explains his alternative less sensitive approach/suggestion, guarded “no comment” on Karpal’s proposal and the caveat.
OrangRojak, no need the declaration of *IANAL . Some people also think IAAL just because I mutter some comments related to law basedv on readings and what to me is common sense but I dare not declare IANAL lest some bona fide IAAL will suggest colonoscopy done on me and Godfather who has asked me before not to lie down on his account but just bend over may propose that he does it! :)
#3 by undergrad2 on Saturday, 7 February 2009 - 1:05 am
“The merits of the case in law … may be what Karpal may be solely thinking about … but this can be twisted …” Jeffrey
Exploiting something for political gains is the oldest game in the book when it comes to politics. But that should not deter us and those who believe in the rule of law.
If the Sultan has erred in law in the use of his discretion or worse, in fact he was never given the opportunity to use his discretion, misled or misguided or even morally blackmailed, then by bringing the matter to the country’s courts history would see the people as the saviour of the system of constitutional monarchy in this country.
#4 by kfchoo86 on Saturday, 7 February 2009 - 1:10 am
Is indeed a sad one.
I am strongly agree to have election in Perak at this point of time.
I’m hoping that the next election PR will not only capture back Perak state but also form the next government.
I believe… M’sia is still holding on to the “change” factor.
Love ya all the hardwork.
#5 by undergrad2 on Saturday, 7 February 2009 - 1:12 am
“….colonoscopy done on me and Godfather who has asked me before not to lie down on his account but just bend over may propose that he does.”
That could explain your sometimes intellectual constipation.
#6 by I Malaysian on Saturday, 7 February 2009 - 1:21 am
YB Lim expects the impossible thing. If Abdullah was not supportive of this backdoor entry, Najib wouldn’t have proceeded. Both are culprits and equally guilty.
If there is one person who talks about right things it is KU LI alone. But he is a lone ranger in Umno.
#7 by undergrad2 on Saturday, 7 February 2009 - 1:24 am
“If there is one person who talks about right things it is KU LI alone. But he is a lone ranger in Umno.”
There is always Tonto.
#8 by OrangRojak on Saturday, 7 February 2009 - 1:33 am
Better take my EPF and fly to other country.
So that’s what my wife did… no wonder she gives me those angry looks all the time since we moved here!
Undergrad2, while we may ‘believe in the Rule of Law’, I have only to look outside my front door to see that the Rule of Law is probably at the North Pole with Santa. There are precious few individuals in Malaysia who have lived their entire lives by the Rule of Law. “Don’t cause trouble la” is the Law in Malaysia. Jeffrey is merely cautioning against anything “too Jewish”, as Mahathir likes to refer to modernity.
As for tonto, you’re using it in the Spanish sense, I take it? I think you mean tontos.
#9 by bennylohstocks on Saturday, 7 February 2009 - 1:43 am
undergrad2 Says:
February 7th, 2009 at 00: 46.53
lhslhv Says:
February 7th, 2009 at 00: 32.07
I was twice betrayed by women of similar facial feature as Hee.
Pray tell us how you were betrayed by these women during your university days as a minor and then later as an adult
BECAUSE:
SHE WALKS LIKE AN ANGEL WALKS..
#10 by lhslhv on Saturday, 7 February 2009 - 1:46 am
I cannot afford to be betrayed the third time. I will be goner.
One leg of mine is in the coffin already!
There will always be traitors amongst us. I wish it would not happen in DAP and PKR again.
I have not heard of traitor from PAS!
#11 by dawsheng on Saturday, 7 February 2009 - 2:15 am
All PR coalition needs to do is go through this crisis together and emerge stronger.
#12 by dawsheng on Saturday, 7 February 2009 - 2:25 am
PR’s exco members still can continue to serve the Rakyat without having official cars.
#13 by dawsheng on Saturday, 7 February 2009 - 2:28 am
Those who think PR had lost a battle is dead wrong. The Rakyat is no stupid fool!
#14 by OrangRojak on Saturday, 7 February 2009 - 2:30 am
I have not heard of traitor from PAS!
Totally incompatible ideals.
PAS = Islamic State
UMNO = Lots of money for us
DAP = Money for everyone, but not much
MCA = Money for happy and harmonious appearance, why not?
MIC = You said there would be money
PKR = I want my money back
Gerakan = C’mon, at least my busfare
I apologise if I’ve missed any party off the list, I’m new to Malaysian politics.
#15 by Loh on Saturday, 7 February 2009 - 5:41 am
Article 16 (6) of the Perak state constitution reads:
“If the MB ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.”
Article 16 (7) reads:
“Subject to Clause (6) a member of the Executive Council other than the MB shall hold office at His Royal Highness’ pleasure, but any member of the Council may at any time resign his office.”
The two sections, 16 (6) and 16 (7) together provides for the removal of the Mentri Besar when he ceases to command the confidence of the majority of the LA. They provide for two ways for the MB to vacate his post. The MB can resign on his own accord. If the MB does not resign on his own accord His Highness will dissolve the Legislative Assembly. There is no provision elsewhere for the removal of the MB when he ceases to be eligible to continue as MB.
So the two paragraphs provide the Highness and the MB each an initiative to effect the departure of the MB once he ceases to command the support. If the MB resigns, he creates the vacancy. If the MB does not resign, the person who is authorized to act under the constitution will dissolve the Legislative Assembly.
Article 16 (7) prevents the MB from being dismissed from the post beyond the two approach listed above. So the Highness is bound to have the Mentri Besar removed by dissolving the Legislative Assembly. In issuing his order for the Mentri Besar to resign The Highness was utilizing his authority beyond those provided in the constitution. In other words, the constitution did not authorise His Highness to act as he did.
The Sultan has taken two consecutive actions namely, the removal of the incumbent MB and the appointment of his replacement, instead of only one action which is the removal of the incumbent MB through the dissolution of the Legislative Assembly. He has therefore acted outside the specific provision in the state constitution when the Mentri Besar ceases to command the confidence of the majority of the LA.
Article 16 (7) was specific that vacancy of Mentri Besar cannot be created, and the vacancy can only arise on the initiative of the incumbent Mentri Besar. So the creation of the vacancy by the Sultan advising the incumbent to resign is not binding under the constitution. The appointment of a new Mentri Besar when the vacancy does not exist is illegal.
#16 by ENDANGERED HORNBILL on Saturday, 7 February 2009 - 5:47 am
In an assembly of human reps and frogs where the status of frogs are in the process of being determined by a kangaroo court, it would have been the better part of wisdomn for the DYMM Sultan to allow the people of Perak to determine that only human beings should inhabit the august House. That would have given the Assembly and the Sultan the dignity that befits them.
Now we will have to live with the sliminess of the House, the presence of frogs and the disaapointment of Perakians who are obviously tired and fed-up with such sickening wayang kulit.
So, was the Sultan wise in not dissolving the Assembly? As for UMNO, NAjib and Zahid Hamidi – they have broken into a smile too soon. The people do not forget easily when they are raped. So, it’s better for UMNO to wipe off that smirk from their faces as they will have to face the wrath of the people in the next GE.
#17 by Loh on Saturday, 7 February 2009 - 5:56 am
The Sultan cannot be assumed to have taken politics into consideration when he acted according to the provision of the state constitution as he saw fit. To him it was a legal issue. As former Lord President, and a judge before that, he accepts that decision of a judge is subject to appeal. So, submitting the case to the court should only be based on merits, legally. It should be seen as a purely legal issue. Don’t forget the country is governed under the rule of law. It has to be seen to be so.
#18 by pulau_sibu on Saturday, 7 February 2009 - 7:00 am
Is this illegal MB an Indian? May be najiv selected one who looks so much like Indian in order to comfort our Indian brothers and sisters.
#19 by Mr Smith on Saturday, 7 February 2009 - 7:12 am
The matter will go to court but will the matter be deliberately dragged on for months or even years. Remember the Judiciary is also under UMNO’s thumb. Its not completely free with an UMNO CJ to take care of UMNO interest.
#20 by mother of three on Saturday, 7 February 2009 - 7:19 am
In Awani news,that beggar semivel said the he will beg…….PM to have one Indian to represent Indian in Perak.Anybody ask him to do this silly job?However this will be the answer:
Najis: Well,I already give you an Indian MB….whatelse you need….be happy Indians with the biscuits……
#21 by mother of three on Saturday, 7 February 2009 - 7:39 am
Frankly speaking,I’m from Kedah and I voted for PAS but I do not feel any difference.As usual,I’m still paying water bill,electric bill,Income tax,”cukai pintu & tanah” and other expenses.The only satisfaction I have is that I take revenge on BN for the H5 and Indian community.Most of us, live in this country without a single help from anyone.We struggle and survive.PR should come up with a proper plan on how they want to be different from BN in managing PR states.Prove that you’re a good leader for all the race at state level first before going to Federal.
#22 by shakarul on Saturday, 7 February 2009 - 7:45 am
Royal family are human beings too. They need to source for income for their own livings. Sometime they might have to achieve such targets through all sorts of ways and means. In doing so and as a human being, they might loose some of their dignities or commit some mistakes as a royal subject. Hence to all rakyat of Malaysia and representatives of PR, please do not place high hope on Sultans or Agung to help us to resolve our present political crisis.
A piece of advice to PR, please work smart and fast, and please do not reveal your strategies as what you have been stupidly and frequently committing in the past ten months. To the MB and CM of other PR’s states with the exception of Kelantan, please dissolve the state assembly immediately once you have sensed that there is a slightest implication of jump-ship phenomena. The last thing which BN wants to encounter is the dissolution of state assembly in Penang, Selangor or Kedah because the result of a snap election would definitely reflect their unpopularity in the state and as well as nationwide at this time.
To BN, it is still not too late for you to regain the confidences of rakyat. As long the following steps are taken:-
1. To reform the present judiciary system;
2. To revamp the PDRM system;
3. To abolish the ISA;
4. To form an anti-corruption agency which is equally effective as Hong Kong’s ICAC;
5. To abolish the AP system;
6. To appoint government servant on mediocrity basis;
7. To set up more infrastructures, medical centres and universities,
I am pretty sure that you will regain the support of rakyat and the progress of our country in all aspects will be steered towards an auto-correction mode.
It is fair to say that corruption exists everywhere in the whole world. However the difference between a developed/advanced country and its contrary is that the former prosecutes those who have committed a corruption act while the latter keeps an eye closed. In China, there was an incidence whereby a deputy minister was sentenced to death after he was judged guilty on corruption charge. That is why although their politicians might be corrupted to core yet their country is progressing at a tremendous pace. In Malaysia, no one can argue that the culprit would say, “Hahaha, I am doing it (corruption), what can you do against me!?”. Amazing, isn’t it? So by hook or by crook, we definitely need a change before reaching a situation similar to Zimbabwe.
Zimbabwe was once a model country for the rest of African countries to pursue. But after the British left and under the administration of Robert Mugabe, now 5.4 millions citizens survive on donation aid. 1.3 millions have contracted HIV virus and 1 million have fled the country. The environmental conditions there are rated as one of the worst in Africa. So BN please listen to rakyat call, do not turn this wonderful country into hell. The chances of we becoming another Zimbabwe is as good as 100% if we do not resolve our problems and keep the present trend going as it is at this juncture. Please……….
#23 by waterfrontcoolie on Saturday, 7 February 2009 - 7:46 am
Truely, the mind set of BN is loud and clear. Hence pleadings to reasons and fairplays will come to nought in politics. Take whatever legal steps available but you would never change the mind-set!
As their great Super-Ego had said ” orang Malaysia mudah lupa!’ and this is applied to ALL, right from the top of the pedestal! History is meant to be distrorted to avoid truth ,not a lesson to learn from. History is mis-taught for the sake of cheap propaganda!
Truth has never been faced directly.
The difference is so great: our neighbour has the prescribed yardstick, even the wife of the PM has to go when she had failed to deliver; notwithstanding her past reputation!
Here, a bloke who screwed up $30 billion was picked to continue to guide the finance of the country!
So where can we be heading? Where? Zimbabwe was the so-called ‘ food basket ‘ of Africa before MUGABE, the best African friend we have and sure enough we would be going HIS WAY!
#24 by waterfrontcoolie on Saturday, 7 February 2009 - 7:52 am
sakarul, I certainly support those indicators you mentioned only don’t build more universities before we are able to up-grade the current ones!!
#25 by mother of three on Saturday, 7 February 2009 - 7:54 am
N….. will be in Perak today to celebrate Chinese New Year in one of the Chinese school.”Mesra Bersama Rakyat “.Hope he’s not the 4th one to get the special prize after the sweden incident.Perakians ready……….1,2,3…………Wow!more than 100 pairs at one time………….
#26 by negarawan on Saturday, 7 February 2009 - 8:14 am
Shakarul said:
—————
5. To abolish the AP system;
6. To appoint government servant on mediocrity basis;
—————
I think it is better to abolish the NEP or revamp it to focus on the poor and needy irregardless of race, and to appoint government servant based on meritocracy. Also you need to mention a major revamp on education system and policies!
But we all know UMNO and BN are not capable of doing all these as there is too much personal interest and greed at stake.
#27 by ahluck on Saturday, 7 February 2009 - 8:28 am
selepas bush kena baling kasut! skang sultan perak kena baling kasut najib. bukan lagi daulat tuanku tapi balingggggggg kasut!
#28 by mangodurian on Saturday, 7 February 2009 - 8:38 am
Oh C’mon – don’t be a hypocrite. If Sep 16 happened, PR would have exactly done the same thing – and ‘llegal’ power grab through a defection.
While I disagree with the Sultan and I don’t like it that BN is back, I think in a way he may have done the wise thing. His action in allowing a change in govt this way is illustrating in a 1/14th scale way what would have happened if Sep 16 did happen.
All’s fair in love, war and politics. So just take this as a lesson and go into damage control mode. A lot of your voters are dissapointed enough already. Better work on convincing them in the next GE that they will continue to vote for you given that PR now is seen as not really having the cunningness to even keep its own wins!
#29 by Jeffrey on Saturday, 7 February 2009 - 8:39 am
“That could explain your sometimes intellectual constipation” – Undergrad2 at February 7th, 2009 at 01: 12.35 – Yes, especially when, occasionally one suffers from having to sit on and engage with ossified thoughts as wide and deep as a toilet bowl pan!
To Loh, your interpretation stated in posting February 7th, 2009 at 05: 41.16 accords with my thinking on Article 16 (6) of the Perak in alignment with that of KennyGan in his posting February 6th, 2009 at 21: 33.14 above.
There are only two options in Article 16 (6), and the is no third one that confers by implication to the Monarch the discretion to disregard the MB’s advice to dissolve the assembly and ask him to resign instead to make way for a new appointment to facilitate a direct transfer of power to the opposite party without fresh mandate via elections.
In a Constitutional Monarchy (as distinct from an absolute Monarchy) within a wider system of parliamentary representative government, the question of mandate of people from election is an all important issue based on “sovereignty of the people” rather than “sovereignty of Monarch” – and numbers, in terms of whether one has majority of assemblymen, are used to measure against yardstick of mandate of people only up to the extent that numbers do not become an end in themselves to subvert and contradict the very same mandate of people they are supposed to measure.
Taking this view, the interpretation above ought to be correct as a matter of law.
Anwar/PR/Nizar has thought the better and now changed course to file a suit against the “new” MB Zamri Abdul Kadir instead of the Ruler. It is uncertain whether Zamri is correct party to proceed against based on law but it is certainly less sensitive and more symbolic course of action on PR’s part to provide the general backdrop/setting for whatever acts of non recognition that PR may from now initiate to de-legitimise the BN dominated Perak Govt. seized from a coup from political defections.
PR must realise that these measures of protest by it would also effectively put a brake on whatever plans Anwar/PKR may from now on have to poach BN defections (whether in Penisular or East Malaysia) to topple the BN Federal Govt earlier than next election since what is sauce for the goose is sauce for the gander.
#30 by ALLAN THAM on Saturday, 7 February 2009 - 8:48 am
Majority of Malaysian people, Perak in particulars wake this morning with a sense of loss, disappointment, frustration, anger and disillusion on what has happen in PERAK.
Majority of the nettizen are angry NOW.
It is my believe that the BN state government in Perak will not last long until next GE.
The positive development by this turn of event is off course it has further consolidate the PR supports from the people.
A sword always has two side. If we look at the positive side, BN may have play a very dangerous game by forming the Perak state Government by this dirty tactics. The people has already has a perception of BN being corrupt beyond redemption, which in reality are true. The tactic of admitted two tainted frogs and the other one seem to be jump over under duress, has further enhanced this perception that BN will use all their resources to grab power. This perception will be killer as it growth. So the positive side is good for PR in the next GE, the supports will tremendous, and will come with stronger supports from all people who really want changes, who want a fairer and less corrupt government.
BN is really silly and it is great mistake for them at this point of time to grab power and with the silly thinking that this will enhanced their losing influence. It might just result in the opposite.
while the decision of the RH of Sultan can never be disputed and all HIS subjects will never wish to dispute and show disrespect. Deep inside most of the majority are disappointed in deed. This will turn into blaming the BN and the forces will be against BN and their resolve to fight BN will further enhanced.
So this will be bad for BN and good for PR. All this will come true when next GE come along.
Meanwhile the people also has further enhance their believe that MCA and Gerakan are irrelevant in Perak and so in other states to come.
#31 by Onlooker Politics on Saturday, 7 February 2009 - 8:57 am
“I suggest that Nizar should simply return the “Dato’ Seri” title to the Sultan. Anyone other than Jeffrey disagree ?” (Godfather)
Godfather,
The post of “Sultan” is a life post. If Nizar gets a chance to come back to the state power again, he will still need to see the Sultan for signatures in many occasion. I don’t think it is wise for him to displease the Sultan even it is only for one time. I disagree!
#32 by Bigjoe on Saturday, 7 February 2009 - 9:02 am
If DAP knew there was a potential constitutional crises, why did they let Nizar see the Sultan on his own without Karpal Singh or a constitutional expert with him? Did Nizar made a good constitutional argument? I seriously doubt so. PR Perak govt is proving not to be stepping up on crucial moments…
#33 by negarawan on Saturday, 7 February 2009 - 9:08 am
mangodurian said: His action in allowing a change in govt this way is illustrating in a 1/14th scale way what would have happened if Sep 16 did happen.
I don’t think that was the sultan’s intention. It is simply because he is a BN man, sad to say.
#34 by negarawan on Saturday, 7 February 2009 - 9:16 am
Allan Tham said: It is my believe that the BN state government in Perak will not last long until next GE.
I share the same believe. The “people power” of Changkat Jering, Behrang and Jelapang cannot be underestimated. The sentiment is really strong on the ground to boot out the three betrayers by hook or by crook.
#35 by yhsiew on Saturday, 7 February 2009 - 9:21 am
PR should immediately seek for a ban on political defection through parliamentary legislation, as the party does not have the financial resources and means to compete with BN in the defection game and will always be the VICTIM of political defection.
Defectors are not stupid people. They know their political career will end once they cross over to the party which adopts them. As a result, they are likely to demand high compensation in a form of material reward (rather than top jobs which only last them a few years). I bet the material compensation they ask for is often beyond PR’s financial capability. Hence a level-playing field does not exist for PR to compete with BN in the defection game.
Moreover, BN, being in control of the Federal Government, has many “convenient” means of raising funds to meet the defector’s compensation demand. For example, if BN approves 20% toll hike on the North South Highway, that will be more than enough to meet the defection expenses (say, toll collection company takes 10% of the hike and BN takes the other 10%, i.e. equal share of benefit).
PR must really give some thought to banning the defection culture before BN spreads it to other PR led states.
#36 by negarawan on Saturday, 7 February 2009 - 9:30 am
Onlooker Politics said: I don’t think it is wise for him to displease the Sultan even it is only for one time.
While that may the case, a clear message needs to be sent to the sultan that he plays a ceremonial role to serve the people, not the people serve him. We are not living in feudal times anymore. This is the first time in Malysian history where the takeover of state government caused so much public unrest requiring FRU and tear gas, and I don’t think this is the end of it. It has become international news and is a major embarassment to the sultan. All because the sultan is not aligned to the people’s wishes.
#37 by chanjoe on Saturday, 7 February 2009 - 9:38 am
The ppeople of Perak wake up to the reality that they had really been sold out by the 3 kataks. I think it would be wise for PKR and DAP to offer their apologies to the rakyat of Perak for their role in this mess especially since the 3 kataks were from their house.
The people of Perak had given them their mandate through PKR and DAP but this was misused and so it would be of great honour that some sort of apologies should be forthcoming to show how humble and great PKR and DAP are….since the kataks came from their house n family….
We shall live to fight another battle but meantime, lets put all our resources into the long drawn legal battles ataht we are to fight. However lets not place so much hope on the courts as we know who are there and how the outcome may be as even a so called great leader that rakyat look upon to can play them out even after saying superflous words of advices for the people.
#38 by negarawan on Saturday, 7 February 2009 - 9:38 am
yhsiew said: PR should immediately seek for a ban on political defection through parliamentary legislation, as the party does not have the financial resources and means to compete with BN in the defection game and will always be the VICTIM of political defection.
That is true but UMNO will probably delay any legislation because it is working in their favor now. UMNO set a precendent many years ago in Sabah when PBS assemblymen were bribed to defect enmass to BN. The defection culture was started by Mahathir and that is why in his recent comments on Perak he still says that it is acceptable for assemblymen to defect. Obviously Anwar is not as good as him in the defection game.
#39 by son of perpaduan on Saturday, 7 February 2009 - 9:41 am
What a coinccident, I notice the word * DURESS * was first use in Altantunya murdr case as well lah. Those tainted jumping frogs also under duress too.
#40 by homeblogger on Saturday, 7 February 2009 - 9:44 am
yhsiew Says:
February 7th, 2009 at 09: 21.37
PR should immediately seek for a ban on political defection through parliamentary legislation, as the party does not have the financial resources and means to compete with BN in the defection game and will always be the VICTIM of political defection.
====================
Najib looked sooo happy at his coup that I seriously doubt that will happen. In fact, from now on, a huge chunk of our budget will go under “miscellaneous” a.ka.a “tabung katak”. At RM5 million each, that’s a huge chunk.
#41 by Loh on Saturday, 7 February 2009 - 9:46 am
///Mohd Ali Rustam, contender of Deputy President of UMNO said that Nazir should accept the outcome in Perak as one based on the democratic process and respect for Sultan Azlan Shah’s position.
Najib said should there be any disputes on the appointment [of MB from BN], the remedy is to go to court. He said “it does not matter what we feel [about fresh election in Perak] because it is the sultan’s prerogative to decide under the Federal (state?) Constitution./// — The Star
Najib may soon be the PM and it would be his duty to uphold the Federal Constitution. As the UMNO Chief of UMNO for Perak and the state government he would also be responsible to uphold the state constitution. The persons who are responsible to uphold the constitution need to understand what the constitution provides, pertaining to the relevant issues, even though they are not expected to be able to argue cases in court. The state constitution provides for specific actions in the event that the Mentri Besar ceases to enjoy the majority of the votes of the State Legislative Assembly. For ease of reference, the two relevant sections are reproduced here under:
Quote:
Article 16 (6) of the Perak state constitution reads: “If the MB ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.”
Article 16 (7) reads: “Subject to Clause (6) a member of the Executive Council other than the MB shall hold office at His Royal Highness’ pleasure, but any member of the Council may at any time resign his office.”
Unquote
In the event that the Mentri Besar ceases to enjoy majority support in the Legislative Assembly, however determined, he can be removed in three ways. He can resign, he can be dismissed, and his post as the Mentri Besar can be removed by having the Legislative Assembly dissolved. Since it was specifically mentioned in Article 16(7) that the Mentri Besar was not subject to hold office at His Royal Highness’ pleasure, the MB cannot be dismissed, and he need not follow the advice of the Sultan to resign. So, there are two alternatives to removing the Mentri Besar in that event; either the Mentri Besar resigns, or the State Assembly was dissolved when the letter of resignation was not forthcoming, and the Highness has been requested to dissolve the LA.
The Mentri Besar announced publicly on Thursday 5th February 2009 that he had not resigned and that the Highness would announce his decision soon. It should be clear to Najib that the only constitutional course of action for the Sultan was to announce the dissolution of the Perak State Assembly. Yet, Najib was competing for time to announce that the BN had acquired the required number of kataks so that a majority of seats in the LA would be occupied by BN. That misled the Royal Highness into taking into consideration matter beyond what had been provided by the state constitution. The Sultan subsequently appointed a second Mentri Besar for Perak, and declared that the Mentri Besar was ordered to resign. The actions were ultra vires to Article 16 of the Perak state constitution.
To ensure that decision made ultra vires of the state constitution is fait accompli, UMNO leaders threatened Pakatan government to accept the action as thought the Sultan has the right to take action ultra vires of the constitution, and that those actions cannot be challenged. That was why Mohd Ali suggested that Nazir should respect the Sultan’s decision. He was clear that he had no ground to ask Nazir to respect the constitution.
Having contributed to the Sultan making the decision he hoped for, Najib now places the Sultan in a position for legal challenge. He attributed full responsibility to the Sultan, after having involved his highness in politics..
The education Minister, Kerismuddin said that other Pakatan government will also be taken over soon. He too does not respect state constitution, and he believes that UMNO can involve the royal houses to do their bidding, just like what happened in Perak.
Are the leaders in UMNO aware of the basic tenets of rule of law?
#42 by taiking on Saturday, 7 February 2009 - 9:51 am
Negarawan. Yes I share the same view. They will not last. Money politics works only in umno and not outside umno. And actually practising it outside umno is as good as courting disaster. The same corrupt ways that some in umno are begining to oppose and which voters in general (save for blind umno supporters) despise and reject ought to be stopped. Not only did najib not stop, he actively pursued it and extended its use beyond umno. He is completely out of syn with time and with the people. He may have bought perak for now but he has definately lost the nation and her people forever.
And dont forget. What he has acquired with people’s money is only a thin majority and that is shaky. One or two by-elections will stretch it thinner still. Hee will in due course back out of bn (my guess). After 20 years of DAP she is certainly ill-prepared for the umno and bn ways. She will not adapt there. But it could be hard for her to re-join DAP though. And for the other two frogs, oh Pakatan can afford to lose them. They are useless and weak and unprincipled. They are a liability. Its good that they have jumped. I hope that they join umno and burden them further.
#43 by son of perpaduan on Saturday, 7 February 2009 - 9:54 am
”The Star ” wasting my money lah, publising a column accusing Selangor MB using state fund on maintaining his personal car..is it a big deal? compare with those ex-Selangor MB stealing the tax payer money.
#44 by ALLAN THAM on Saturday, 7 February 2009 - 9:57 am
Star reported that Hee’s home town folks slam her action.
Well regardless what her problem with DAP she should not betray the people trust. Her power come from Jelapang People under the DAP tickets and PR manifesto and there fore she should resign if she is not happy with DAP NOW. She should not remain as independent and give support to BN.
It is for her own good to resign NOW
#45 by negarawan on Saturday, 7 February 2009 - 10:05 am
Ku Li understands the law better than the former lord president
Saturday February 7, 2009
Ku Li: Why Nizar is still the MB
PETALING JAYA: 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.
“Only the answer of the assembly counts, regardless how many sworn statements, defections, press conferences and declarations, or what forms of advertisement, display, inducement or force you bring to bear on the question,” he said in a statement yesterday.
“The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority,” he added.
He also said that a legitimate constitutional government draws all its authority from the consent of the people and only from that consent. The people consent because it is their government formed according to their constitution, whose leader is chosen through free and fair elections.
“To formally test the mandate of the current government, the question must either be put to the people through state elections, or to assemblymen through a formal vote in the Dewan,” said Tengku Razaleigh.
He said to remove and install governments in any other way was to violate the Constitution, erode the rule of law and run the risk of forming an illegal government.
#46 by lbl on Saturday, 7 February 2009 - 10:15 am
Dear YB,
I think the DAP should hold an inquiry as to why Hee Yit Foong defected to the BN. Is it because of the 2 cousins, Datuk Ngeh Koo Ham and Nga Kor Ming?
Before the last election Fong Po Kuan also had some problems with the 2 cousins.
Probably being ladies they are helpless against the gang of DAP 2 cousins.
Please look into this before the rot spreads.
#47 by penang308 on Saturday, 7 February 2009 - 10:16 am
What for having a Constitution if the Sultan can change the procedure just like that?
It seems like the Sultan takes only “TAKES 20 MINUTES” (5 minutes INTERVIEW for each of the 4 frogs) to decide who should run the state government! AND the Sultan also FORGOT THAT the same 4 frogs have promised HIM that they will support the PR Government in March’08!
The only conclusion I can think of is that the Sultan must have been influenced by Najis because he will be the PM NEXT MONTH! and the huge benefit that Perak will get!
Its a MATERIALISTIC WORLD we are living in!
Constitution! is just a piece of paper good only for Law student to argue with in Univercity! Outside school lets face it, it is DEAD!
#48 by taiking on Saturday, 7 February 2009 - 10:22 am
MALAYSIA IS A SHOPPING HAVEN!
#49 by lbl on Saturday, 7 February 2009 - 10:22 am
On the 7th February, the STAR states” Najib assures non-Malays in Perak ,they will not be neglected”.
It looks like the non-Malays have been neglected in Perak?
Otherwise why would Najib give that assurance?
#50 by jus legitimum on Saturday, 7 February 2009 - 10:47 am
lbl,do not blame the two cousins,that traitor must look at herself in the mirror first.Despite her very low qualification and other limitations including her physical one(do not be misunderstood as I am not slighting her on her physical handicap),she was appointed as the deputy speaker of the Perak State Legislative Assembly,in fact she should have thanked her lucky star for having climbed up to that post for which so many other more experienced,more qualified and dedicated DAP members have not got the chance to get.