After consulting the good :) Learning Book, it has this to say on this perplexing constitutional crisis riddled with twisty conundrums.

The Learning Book says that the first decision to appoint MB Nizar was lawful but the subsequent decision by the constitutional head of state to fire the lawful MB is :| ahem….not allowed as it is not good to do that so as it is invalid because it exceeds the delegated authority conferred by the People’s democratic law, and as no exceptional circumstances had crystallized into existence at that time to justify the use of the delegated reserve or absolute powers to come into play, the firing decision was clearly ultra vires the Perak state constitution, and as a result of which that invalid decision immediately and automatically crystallized into a null and void one with all subsequent decisions flowing from that first null and void decision, such as the one to hire the replacement BN-MB after the firing decision, also being null and void, which therefore, then leaves only the first lawful decision still standing as the valid decision in keeping with the People’s democratic delegated governing power as codified in the Perak state constitution.

:P The Learning Book’s Verdict :
1.MB Nizar was and still is the lawful MB of Perak as after having been lawfully appointed in decorum with lawful due process, MB Nizar cannot be arbitrarily “fired” by anyone, including the constitutional head of state, whether a hereditary monarch or an appointed president. A lawful MB cannot ever be “flexibly hired and fired” like some poor agency employee and so can only be removed in the following ways:
• S/he resigns voluntarily because he cannot or does not want to be MB any longer;
• S/he makes a request to the constitutional head of state to dissolve the state assembly as a whole, based on some good reasonable basis, so that a state election can follow;
• S/he resigns voluntarily because a sufficient number of the MB’s peers have lost confidence in the MB’s executive abilities and so participates in a vote of no confidence against the MB which the MB loses;

2. An error of judgement is not necessarily a grave mistake unless as Lord Denning, Master of the Rolls, stated in 1968: “A doctor is not to be held negligent simply because something goes wrong…. He is not liable for mischance, or misadventure. Nor is he liable for an error of judgement.… He is only liable if he falls below the standard of a reasonably competent practitioner in his field – so much so that his conduct may fairly be held to be – I will not say deserving of censure, but, at any rate, inexcusable” so the Book says that the chances are very high that in this case, the very learned silver-haired mentor legal practitioner constitutional head of state of Perak was deliberately taking the opportunity to offer some good and free, albeit somewhat risky, protective learning to all his people.

:P The Learning Book’s Recommended Solution:

Step 1: The legitimate MB and the illegitimate MB to meet asap like good, principled gentleman to discuss a way forward to resolve their differences quickly and make-up with each other by shaking hands so that they can stop wasting any more of anyone’s time and resources and get back to work asap to serve the People of Perak and take measures to fight the approaching recession and not each other!

Step 2: The illegitimate MB and NAR to go immediately and grovel suitably and APOLOGISE unconditionally to the Sultan and People of Perak for their ill-mannered plotting, politicking and coup d’etat!

Step 3: If steps 1 and 2 are not forthcoming, then MB Nizar to request the Law for a judicial review of the situation asap and the chances are a hundred percent that the Court will find in favour of MB Nizar through the obvious ultra vires route.

Caveat:
This is :D FOC from the free LB and not from any London QC so it is served with the caveats of venditor, emptor and actor!
PS: Recommend also that NAR and illegitimate MB and possibly others involved in this political hanky panky be very suitably reprimanded and :D rapped on their knuckles hard by the good Sultan and People of Perak for being very naughtily mischievous and a pain in everyone’s posterior.

WE SAY YEAH! & NO TO ISA! :) AND HARIS FOR AG & RPK FOR IGP! GO FOR DSAI FOR PM & LKS FOR DPM & KIND WAN AZIZAH FOR HOME MINISTER.

2009 Resolution: Seek out all garbage and recycle or dispose post haste for a healthier life and planet!

Why don’t they demand immediately the government to cancel the SECOND HOME PROGRAM the tourism unit promoting to protect their interest?

Anyone should think twice about MALAYSIA SECOND HOME PROGRAM if Malaysia government admin by these people as they may threaten you.

From the wiki:

http://en.wikipedia.org/wiki/Constitutional_monarchy

“A constitutional monarchy is a form of constitutional government, where in either an elected or hereditary monarch is the head of state, unlike in an absolute monarchy, wherein the king or the queen is the sole source of political power, as he or she is not legally bound by the constitution.”

“As originally conceived, a constitutional monarch was quite a powerful figure, head of the executive branch even though his or her power was limited by the constitution and the elected parliament.”

“In present terms, the difference between a parliamentary democracy that is a constitutional monarchy, and one that is a republic, is considered more a difference of detail than of substance, particularly in the common case in which the head of state serves the traditional role of embodying and representing the nation.”

“In both the United Kingdom and elsewhere, a common debate centres around when it is appropriate for a monarch to use his or her political powers. When a monarch does act, political controversy can often ensue, partially because the neutrality of the crown is seen to be compromised in favour of a partisan goal. While political scientists may champion the idea of an “interventionist monarch” as a check against possible illegal action by politicians, the monarchs themselves are often driven by a more pragmatic sense of self-preservation, in which avoiding political controversy can be seen as an important way to retain public legitimacy and popularity.”

it is clear cut, the police are beholden to umno.
how else would you explain why the police don’t give a damn.

Scuffle at the august parliament house. Perpetrated by a group of UMNO youths.

It saddens many when the youths who are suppose to be future leaders of the nation became unruly, gangster-like, disrespecting law and order, disrespecting members of society, disrespecting the rights of others, uncouth, mindless, belligerent and even displaying behaviour befitting terrorists.

If such kind of anti-social, arrogant and uncultured behaviours are not nipped in the bud, I fear for the future of Malaysia.

While Malaysia is hosting the International Conference of Youth on Terrorism in Kuala Lumpur, which is a joint initiative between the Youth and Sports Ministry and the Information Ministry in collaboration with the Southeast Asia Regional Centre for Counter-Terrorism Malaysia and the Malaysian National Commission for Unesco, with a total of 224 youths from 24 countries attending the four-day conference, which ends on Saturday, nothing more contrary to the spirit of unity and peace is being displayed in our parliament house, in our own backyard!

What a shame!

What can the information minister, Ahmad Shaberry Cheek say about the incident which happened at the parliament house this afternoon? What about our PM, DPM and others from UMNO have to say about it?

It would seem to many that the behaviour displayed by UMNO youths was uncalled for. Such kind of hostile, extreme and belligerent stance, if not curbed, could be the seeds of terrorism in Malaysia, we are afraid.

To quote the article from the malaysian insider:

http://www.themalaysianinsider.com/index.php/malaysia/19228-shabery-not-perfect-but-malaysia-an-example-of-unity

Quote:

“He said future leaders should be brave enough to discard some of the long-held narrow differences in order to nurture hope and understanding for a better world.

“We should not allow persistent discord for people to exploit weaknesses and resort to terrorism,” he said.

He said Malaysia had always taken a stand against any form of terrorism and looked seriously into the root causes.

“Increasingly we have found that young people have been drawn to be involved in such acts around the world,” he said.

However, he said, Malaysia was ever vigilant to not allow extremism to fester and break the peace and harmony that its citizens had worked hard at and enjoyed.

“He expressed the hope that the conference would be able to elicit intellectual understanding among the youths on the nature and root causes of terrorism as well as ways to prevent them.”

He said Malaysian leaders were also aware of the need to have a strong and united Malaysia and were therefore always working to perfect the dream.

“Malaysia may not be the best model (of a perfectly united country) but we do have something to show for our unity and tolerance for each other, as an example of diversity does not mean disunity,” he said in his welcoming speech at the International Conference of Youth on Terrorism here. -unquote-

Perhaps, the information minister should rope in those UMNO youths to attend the conference too, so that they could learn a thing or two about racial tolerance, unity and to gain an “intellectual understanding among the youths on the nature and root causes of terrorism as well as ways to prevent them” (sic).

It is time that UMNO take a serious view of the trend and approach adopted by their vanguards. Else anarchy would be the order of the day!

Dr. Mahathir used to comment that “Malays are emotional people!” and they tend to be agitated by emotional incitement too easily and be easily blinded by their stiffnecked arrogance embedded in the inferiority complex of “Malay Supremacy”. I am afraid that someday in the future if the court is to make a final decision in favour of Pakatan Rakyat and disfavour of Barisan Nasional, there will most likely be an emotional uprising and vandalism to be committed by the moronic gooligans who are emotionally manipulated by the ambitious and power-hungry Umno politicians with malicious intent to grab power.

Therefore, the MPs and State Assemblymen of Pakatan Rakyat shall be wary of their personal safety whenever a court decision is going to be made on the Perak constitutional crisis. We count on the longevity of the MPs and the State Assemblymen of Pakatan Rakyat for hope of a New Malaysia with better future which can only be made possible with a good governance that is to be provided by a good government. I pray that Pakatan Rakyat can form a good government at the earliest possible date!

That was in the Parliament and the police allowed a group of people who had no business to be there to manhandle elected Members of Parliament. The head of Police in Japan would have resigned for the incident.

Khairy wanted proof from Karpal Singh that UMNO youth sent the bullets. Does he also want proof that the ruffians at the parliament house were UMNO youth members? It was clear that Khairy encouraged UMNO youth members to take the law in their hands when he used the word killing while leading them to protest against Karpal. He can’t make anybody believe that that was the end of the agenda. So, the bullets must have come from UMNO youth. Karpal speculated correctly that it was the act of UMNO youth. Speculation is no lies, and certainly the person said to be educated in Oxford is still thinking like bully, and setting deadline like he would duel, a coward he is.

I am not sure parliamentary democracy is still alive in Malaysia. When Pakatan wins the majority seats in Parliament come next general election can they get to parliament when UMNO youth decided to line the way to the Parliament with live bodies, and the police just pretended that nothing happens?

I believe that in Perak’s political structure there shall be separation of powers between different branches of the government, namely 1) Executive as represented by the State Exco headed by the MB, 2) the State Legislature, ie. the State Assembly headed by the Speaker, 3) The Judiciary as represented by the judges of court.

However, there is also fusion of powers between Executive Branch and the Legislature Branch of the Perak State Government because the State Constitution requires that the head of the EXCO, i.e. the Menteri Besar, commands majority of the State Assembly and it also requires that the Speaker be elected by the majority votes from the members of the State Assembly.

The Speaker is therefore not supreme in the political structure of the Perak State Government. When there is a constitutional crisis like the case of second MB, namely Zambry, being barred by the Perak Speaker from attending the session of the State Assembly, then both the second MB and the Speaker can only sit down in order to discuss and negotiate on a possible way of getting the crisis resolved. This dispute between PR and BN is a political dispute and it requires political courage in order to get the crisis resolved. What is the point for Zambry to keep holding onto the seat of MB if he is not allowed to attend the State Assembly in order to allow himself to table the spending bills (without which the state government will be paralysed) for the passing and enactment by the State Assembly?

If there is still doubt about the legal standing of the order issued by the Perak Speaker for barring the second MB, then the third branch of the government, namely the court, shall be the best institution which is given the power to drop judgement and make ruling on certain constitutional issues and disputes.

Perhaps all of us shall be patient to wait for the court to make the final decision on the dispute. Whether the outcome of the court judgement or ruling will be favourable or unfavourable to either party of the dispute, the court decision shall be accepted by all as the final decision. The court shall be made the last resort for all disputes and constitutional crisis which happen every now and then. The Judiciary branch of the government shall be made SUPREME over other two branches of the government. This is the basic principle which must be agreed upon by all peoples of Malaysia who believe in the system of Constitutional Monarchy with Parliamentary Democracy.

May I appeal to you to stop condemning ADUN Hee, instead, pray for her to repent, as to MACC chief, pray for him to have courage to act professionally.” (lcclck)

While I could agree with lcclck that we should pray for the MACC chief in order for him to draw much strength and courage from God in order to act professionally, I simply found no good reason to concur with lcclck that YB Hee should deserve a forgiveness of God without any repentance from her. I believe lcclck adopts his religious principles from the Holy Bible. Let’s take a look at the story of the Last Supper, which I adapted from wikipedia.

“According to the canonical Gospels, during the meal (the Last Supper), Jesus revealed that one of his Apostles would betray him and that would be Judas Iscariot. Despite the assertions of each Apostle that it would not be he, Jesus is described as reiterating that it would be one of those who were present, and goes on to say that there shall be ‘woe to the man who betrays the Son of Man! It would be better for him if he had not been born’ (Mark 14:20-21).”

If a betrayer’s personal financial problem could be cited as a good excuse in order to seek for forgiveness of God, then there would be no sad ending in the bible that Judas had to commit suicide (another big sin which would ensure his perishment in hell).

However, I agree with lcclck that those who believe in God shall uphold YB Hee in prayers, for their prayers will surely have certain intercessory power to make a miraculous change in the heart of God. Nevertheless, whether YB Hee will be given a salvation is all depending on whether there is a true repentance and a turn to do good deed for the sake of her salvation! But then everybody has to take responsibility of his/her own deed and whether there will be an assured salvation is not up to any human to judge! It is the prerogative of God to decide on whether to forgive or not to forgive!

I believe YB Kit is a generous person who will forgive if someone really repents and turns to do good the damages he/she has caused to others!

Just as I re-examine the issue of ADUN Hee of Jelapang.

ADUN Hee had never got a chance to excel further with Ngeh brothers lording over the exco, and she would be giving many cold shoulders, and why you imagine that she serve as ADUN for what??

Come on, why could not you appreciate that ADUN Hee needs to survive, and that went for LLT(Lee Lam Thye).
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lcclck’s comment of the above is really hillarious.
He never seems to understand what is right and what is wrong.
We can’t compare ADUN Hee with Lee Lam Thye’s case because both differs.
Just remember that Lee Lam Thye quitted politics and never get himself involve in it up till the present days.
He never even betray DAP and he never even backstab anyone.
Never did he receive any money as well!
As for ADUN Hee, she was involved in the plot to overthrow the opposition in Perak directly, just because of big money.
She even put up a show demanding an apology from Lim Guan Eng for warning her about her dissappearence at that time, knowing that she had every intention to jump party.
This sort of people never wish to admit her wrongdoings because she was blinded by money.
She causes chaos and hardship to the Perak people and she even betrayed her best friend as well.
What else can we describe her and you’re asking Uncle Kit to forgive her for her selfishness.
You really believe that by praying to god, she will repent her ways.
In today’s world, there is no such thing about praying to god in order to bring some changes because if it do happen, Umno will never be that evil.
Even if Uncle Lim will to forgive her, the Perak folks were never agree to that.
So if you’re not related to that ADUN Hee, please don’t ever mention anything about her anymore!

Our New motto should read ” Malaysia Tak Boleh ”

corrupt , corrupt, corrupt is ingrain in every level of Malaysian society, so sad, I feel Malaysia a truly hopeless nation.