Archive for April 17th, 2009

When the highest court in the land could bring down the Government of the day

by N H Chan

The front page of the Star newspaper of Friday, 17 April 2009 carries this startlingly outrageous decision of the Federal Court. The headline proclaims “Court: Siva does not have right to suspend seven”. The report reads:

PUTRAJAYA: The Federal Court has unanimously ruled that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly.
It granted a declaration that the seven assemblymen were entitled to take part in all the assembly sittings and to carry out their duties.
Court of Appeal president Justice Alauddin Mohd Sheriff, who chaired a five-man panel yesterday, said the Speaker’s decision to suspend the seven applicants was ultra vires (outside the law) and invalid.
… The other judges were Chief Judge of Malaya Arifin Zakaria and Federal Court Judges Nik Hashim Nik Ab. Rahman, S Augustine Paul and Zulkefli Ahmad Makinudin.

This is a perverse judgement of the Federal Court. It is perverse because it is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution which says,”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”. The judges of the Federal Court have failed the people and the government of this country when they chose to ignore the law of the Constitution of Malaysia. In other words the judges have refused to do justice according to law.
Read the rest of this entry »


Usurper Perak MB convening Assembly on 7th May – Federal Court decision against Perak Speaker defective, null and void

Following the Federal Court decision yesterday that the Perak State Assembly Speaker V. Sivakumar does not have the power to suspend the usurper Perak Mentri Besar Datuk Zambry Abdul Kadir and his six state executive council members from attending the assembly, Zambry is seeking to convene the Perak State Assembly on May 7.

However, the Federal Court decision yesterday is defective, null and void.

Firstly, it was not the Speaker who suspended Zambry and his six executive council members, but the Perak State Assembly Committee of Privileges on Feb. 18.

In striking out the purported suspension order of the Perak State Assembly Speaker, the Federal Court was striking out an order that does not exist – as the suspension order was that of the Committee of Privileges.

Zambry and his six exco members had sued the wrong party and as a result, has got a Federal Court order against the wrong party. Read the rest of this entry »


Mahathir playing for very high stakes – attacks “several unsavoury characters” in Najib Cabinet

Former Prime Minister, Tun Dr. Mahathir Mohamad has opened fire on the Najib premiership, expressing his disappointment that Datuk Seri Najib Razak’s Cabinet appointments include several “unsavoury characters”.

In his blog, Mahathir said the inclusion of these “unsavoury characters who had been accused of being corrupt while in the previous government” had negated any desire to rid Umno of blatantly corrupt politicians.

Mahathir said the Najib administration should be aware it has less than three years to regain the support of the public and that it had missed a good opportunity for regaining public backing for BN by “excluding dubious characters.”

Mahathir’s disapproval of the Najib Cabinet has intensified in a matter of days. Read the rest of this entry »