Zambry’s May 7 Perak Assembly meeting – call it off as it is against Najib’s public position


The usurper Perak Mentri Besar Datuk Seri Dr. Zambry Abd Kadir should call off the May 7 Perak State Assembly meeting as it is improperly convened against the Prime Minister, Datuk Seri Najib Razak’s public stand that the Perak State Assembly cannot meet until the court has ruled that the Barisan Nasional is the legal government in Perak.

This was the position of Najib, who was then the Deputy Prime Minister, Perak UMNO Chairman and who personally orchestrated the undemocratic, unethical, illegal and unconstitutional power grab in Perak resulting in the three-month political and constitutional stalemate producing two Mentris Besar and even two secretaries to the Perak State Assembly!

This is the Sunday Star report of March 1, 2009, headlined “Perak assembly cannot meet until court decides, says DPM” on Najib’s response to the convening of a State Assembly meeting by the Perak Speaker, V. Sivakumar which eventually became the historic “Tree Perak State Assembly”:

Sunday March 1, 2009

Perak assembly cannot meet until court decides, says DPM

KUANTAN: The Perak State Assembly Speaker cannot call an emergency sitting of the assembly as the court has yet to decide on the status of the government, said Deputy Prime Minister Datuk Seri Najib Tun Razak.

“By right, the sitting should not be called as we are still awaiting the decision of the court.

“We want to establish the fact that Barisan is the legal government to rule the state in accordance with the constitution,” he said after opening the national higher learning carnival at Universiti Malaysia Pahang (UMP) here yesterday.

On Friday, Speaker V. Sivakumar said the assembly would convene the sitting on Tuesday to vote on two motions, including one seeking to dissolve the State Assembly.

Asked if the move was aimed at toppling the Barisan Nasional government, Najib said the court’s decision would put the matter to rest.

As up to now the Court has not made any decision that the Barisan Nasional is the legal government in Perak state, the May 7 State Assembly should not be convened and should be called off until there is such a judicial decision.

In the circumstances, any public posturings by Zambry that the Barisan Nasional will not participate in the “fight for chairs” to claim the seats of the Mentri Besar and the State exco members in the State Assembly is not only premature but presumptuous.

Five days ago on 21st April, Zambry filed an urgent application to the Federal Court for a declaration that he is the lawful Mentri Besar and he now expects such a declaration to be made by the Federal Court on Tuesday 28th April 2009.

For two-and-a-half months from Feb. 6 to April 21, Zambry did not move the Federal Court for such a declaration.

What made Zamry think that the Federal Court could be at his beck and call, that he could successfully move the Federal Court to secure such a declaration in a matter of a week, when for two-and-a-half months from Feb. 6 to April 21, 2009 he did not make such an application to the Federal Court?

Does Zambry think he belongs to a special category of persons who is privileged to short-circuit the whole process of the administration of justice so as to move the Federal Court, the highest court of the land, to rush to judgment in his favour with inadequate notice to all the relevant parties concerned?

Malaysians will be very shocked if Zambry succeeds in getting such a declaration from the Federal Court on Tuesday with such short notice.

But even with such a Federal Court declaration on Tuesday, the May 7 State Assembly should be called off as Zambry could only properly convene his first State Assembly meeting, with the requisite notice of 14 days to all State Assembly members, after a favourable Federal Court decision on Tuesday – which means the earliest Zambry can convene a proper Perak State Assembly meeting will be May 13, 2009!

Senior and Umno lawyer Muhammad Shafee Abdullah had predicted in a public forum on the Perak crisis two nights ago that there would be “chaos” in the May 7 Perak State Assembly.

This is a further reason why Zambry should call off the May 7 Perak State Assembly especially it would be contrary to the public stand that has been taken by Najib on the matter.

  1. #1 by k1980 on Sunday, 26 April 2009 - 12:06 pm

    Zambry to call off the May 7 Perak State Assembly? That will only happen the day when he decides to go back to his village in Kerala.

  2. #2 by ALLAN THAM on Sunday, 26 April 2009 - 12:26 pm

    Ai ya Kit do not be naive lah. No more rules here do you think they mean what they say. Now already PM not longer DPM, what DPM say did not represent PM now.

    Until next GE we are still on the receiving end.

    Any way reading NH Chan enlighten you academically but can be help. What rule or what is constitution in Perak or federal? All have been lost long time ago. My power to day is the rule of today. You PR better be warn when you come to power never repeat it again.

  3. #3 by KennyGan on Sunday, 26 April 2009 - 12:30 pm

    But it’s no secret that the Federal Court is at the beck and call of Umno.

  4. #4 by voice on Sunday, 26 April 2009 - 1:35 pm

    Mana ada law in this country? they can do what they want, the opposition and people are just slaves!

  5. #5 by Onlooker Politics on Sunday, 26 April 2009 - 1:42 pm

    I didn’t understand why Zambry needed a ruling from the Federal Court that Zambry himself be declared on 28 April 2009 as the lawful Menteri Besar. Isn’t it true that the Kuala Lumpur High Court has already set a date for the hearing on the judicial review case of Nizar versus Zambry?

    Did the Assembly Secretary really seek the approval from the Sultan of Perak and obtain such an approval for convene of Perak State Legislative Assembly meeting on 7 May 2009? If yes, then why did Zambry worry so much about the status of his legality in his claim that he is a lawful Menteri Besar? If Zambry could really command the majority of the Perak State Assemblypersons, then he would have the mandate to become the lawful Menteri Besar. If he couldn’t command the majority of the Perak State Assemblypersons, then what would be the benefit he might stand to gain by calling for convene of meeting in the State Assembly on 7 May 2009?

    If two of the three Perak defectors could betray PKR and another one of the three defectors could betray DAP, then what moral good ground would Zambry rely upon in order to ensure that these three defectors would obediently listen to Zambry? If Zambry could not even obtain majority votes of confidence in the State Legislative Assembly, then what would be the point for him to call for convene of meeting in the State Assembly?

    In view of too many underlying uncertainties ahead which will be faced by whoever Menteri Besar of Perak, the status quo in the state assembly seats shall be discontinued as early as possible in order to overcome the constitutional crisis. Based on the current unproductive deadlock situation, the best move to break the deadlock is to get the Sultan of Perak to issue a decree for purpose of postponing the convene of Perak State Legislative Assembly meeting for 2009 until after a fresh state-wide poll of Perak has been completed for election of State Assemblypersons.

    There is no point for Zambry to continually put in too much vain effort hoping to gain control of the State Assembly since the power grab by way of depending on the political defectors are simply a highly unreliable way of achieving success in the political career. To add too much weight on the value of the political defectors is also a despicable human behaviour which is generally not acceptable by most moral standards or social norms of our society!

  6. #6 by lee wee tak_ on Sunday, 26 April 2009 - 3:05 pm

    I predict the DUN will proceed on 7th May via “unconventional method” and represent a election campaign issue in the next GE

  7. #7 by ekans on Sunday, 26 April 2009 - 4:01 pm

    KUANTAN: The Perak State Assembly Speaker cannot call an emergency sitting of the assembly as the court has yet to decide on the status of the government, said Deputy Prime Minister Datuk Seri Najib Tun Razak.

    “By right, the sitting should not be called as we are still awaiting the decision of the court.

    “We want to establish the fact that Barisan is the legal government to rule the state in accordance with the constitution,” he said after opening the national higher learning carnival at Universiti Malaysia Pahang (UMP) here yesterday.

    The Pekan MP, as the person who had initiated this power-grab, should have known very well in the first place that the consequences of his action should not cast any uncertainty or doubt over the legal status of the resultant UMNO’s BN state government that would allow it to be challenged in a court of law.
    If he truly & sincerely wants to ‘establish the fact that Barisan is the legal government to rule the state in accordance with the constitution’, he should have then let the people of Perak to decide via the ballot box, which is also in accordance with the constitution…

  8. #8 by Jason Ng on Sunday, 26 April 2009 - 4:07 pm

    as said, it is ‘undemocratic, unethical, illegal and unconstitutional power grab.’

  9. #9 by Jeffrey on Sunday, 26 April 2009 - 5:15 pm

    Earlier on Datuk Seri Dr. Zambry Abd Kadir called for Perak State Assembly on May 7th 2009 – to get a vote of confidence for himself and likely to sack Speaker YB Sivakumar.

    However, Najib as then DPM had taken the stand – that Perak Legislative Assembly ought not to meet unless already backed by Federal Court Order. This is pragmatic : unless backed by a Federal Court order legitimising Zamry as MB, all decisions to be taken by him purportedly as MB, whether in calling for Legislative Assembly’s meeting, vote of confidence fior himself or no confidence on Sivakumar will be a fair game of subsequent challenge by Pakatan Rakyat (PR).

    So in deference to Najib’s views, Zamry quickly applied to Federal Court for a declaration that he was validly appointed as Perak MB by its Ruler.

    Zamry expects and requests Federal Court to sit and hear his application for declaration on Tuesday 28th April 2009.

    Although YB Kit asks “what made Zamry think that the Federal Court could be at his beck and call, that he could successfully move the Federal Court to secure such a declaration in a matter of a week, when for two-and-a-half months from Feb. 6 to April 21, 2009 he did not make such an application”, likely Kit expects the Court to sit on 28th April on grounds of matter to be heard is of great and urgent public importance, and likely grant the declaration in Zamry’s favour.

    The crucial date is 13th May 2009. It is the end of a 6th month period since the last Perak assembly was convened in November 2008 April. If the Perak Legislative Assembly should fail to convene for any reason by expiry of 6 month period on 13th May 09, then by constitutional procedures the Perak Legislative Assembly will have to dissolve. This was exacly what PR last MB Datuk Mohd Nizar wanted to pave way for a state wide Perak elections that were/are expected to return PR’s aduns with an even greater majority – something that Perak Ruler did not agree to accede.

    Zamry is now cajoled to call off May 7 Perak State Assembly on grounds that ”it would be contrary to the public stand that has been taken by Najib on the matter”

    This is because under Perak Assembly standing orders, Perak State Assembly members have to be served with prior 14 day notice to convene the Perak Legislative State Assembly, so the big question is from when or which base line date the 14 day is calculated.

    If calculated from the earlier time Zamry first called for 7th May 09, which he refuses to retract, then Perak Assembly meeting will (after Federal Courts decision on 28th April legitimising Zamryi as MB) be held earlier than crucial threshold date falling on 13th May 2009, therefore not triggering dissolution of Perak Assembly.

    However even if Zamry takes bait to call off 7th May 09 meeting but he calls one 14 days from Federtal Court decision on 28th April 09, the legislative Assembly ill still be convened by Zamry within nick of time – on the very day of 13th May 09 itself . PR is still a crucial 1 day short of 14th May 2009, necessary to procedurally force trigger the dissolution of Perak Legislative State Assembly!

    So near and yet so far and everything hangs on the balance of 1 crucial day difference! Both BN & PR have done their calculations. Are we hoping for a miracle to that may delay the Perak Legislative State Assembly’s convening by just at least a crucial 1 day?

  10. #10 by KennyGan on Sunday, 26 April 2009 - 6:41 pm

    What is the use of Zambry calling the federal court to declare him the rightful Mentri Besar? Will he be seen as the rightful MB in the eyes of the public just because the judiciary declares him so?

    May 7 will be Pakatan’s last stand in Perak. They may lose the battle but BN will be punished in the next G.E.

  11. #11 by frankyapp on Sunday, 26 April 2009 - 6:43 pm

    The Perak state political turmoil is started by the sultan and he should end it before it gets out of hand.As simple as ABC.

  12. #12 by chengho on Sunday, 26 April 2009 - 6:51 pm

    In Perak case Najib outsmart PR by giving them the Trojan Horse…..

  13. #13 by UzMiNoOnist on Sunday, 26 April 2009 - 6:51 pm

    Is there a law for BN/UMNO and another for Others?

    When this Perak Assembly is convened by May7th, it will prove beyond any reasonable doubt that in Malaysia there is a law for BN/UMNO and another for the Others.

    So, should we debate what is law and what is not? No.

    It is a law when the PM says it is, and not a law when the PM says it isn’t. Forget about what the rest of the world says. In this country, it is the PM that makes the law and definitely it always in the interest of BN/UMNO.

    It will be naive to expect the PM to play it fair and square. He will do all that he can to frustrate the PR.

    Maybe its time for PR to proof that you guys are up to par?

  14. #14 by yhsiew on Sunday, 26 April 2009 - 7:23 pm

    If Zambry goes ahead with the May 7 Perak State Assembly meeting, then Najib’s effort of liberalizing the national economy will be partially nullified, as foreign investors on seeing the chaos and the undemocratic, unethical, illegal and unconstitutional power grab in Perak will sideline Malaysia as their favorite investment destination.

    While Tun Dr. M. was still in office, a foreign investor who intended to bring in 2 billion ringgit investment to Malaysia finally gave up. When interviewed by the press why she did so, she replied that she could not stand the injustice done by the government on its people. I cannot recall further details as the event took place more than 10 years ago.

  15. #15 by KennyGan on Sunday, 26 April 2009 - 8:15 pm

    If for whatever reasons Umno fails to convene the Assembly by May 13, they will just claim that the Assembly-under-the-tree is legal (which they deny now) and so the Assembly has met before May 13 and should not be dissolved.

    You just can’t win against unprincipled goons who bend, twist and break the rules as they wish.

  16. #16 by raven77 on Sunday, 26 April 2009 - 8:20 pm

    What a shame…..the monarchy’s sordid role in this affair …..must never be forgotten by all Perakians…….remember…remember….remember

  17. #17 by Ramesh Laxman on Sunday, 26 April 2009 - 9:19 pm

    So much fuss now. If the ADUN was managed well all this will not happen.If PR want to form government first they must know how to manage their elected members.We have lost the battle and may be the war. Now just allow them to rule.

  18. #18 by Onlooker Politics on Sunday, 26 April 2009 - 9:39 pm

    “If for whatever reasons Umno fails to convene the Assembly by May 13, they will just claim that the Assembly-under-the-tree is legal (which they deny now) and so the Assembly has met before May 13 and should not be dissolved.” (KennyGan)

    KennyGan,
    Don’t worry about whether BN will recognize the Assembly-under-the-tree as a legal session of the Assembly! If BN recognizes it, then the resolution passed in the Assembly-under-the-tree will have to be implemented. One of the resolution passed was to request the Sultan to dissolve the Perak State Legislative Assembly with immediate effect.

    It looks like there is no quick way to solve the constitutional crisis of Perak since both parties involved refuse to give way and yield to another. With the lingering of the political dispute on the matter of “who is a lawful Menteri Besar”, the economic development of Perak will most likely be hindered by the political uncertainty. I always believe that the Sultan can serve as a mediator since the ball of Perak Crisis is always being kicked to the court of the Sultan. No one will stand to gain much from Perak Crisis if both BN and PR choose not to behave in a peaceful and helpful way toward one another (borrowed the words of Winston Churchill).

    ~ If the human race wishes to have a prolonged and indefinite period of material prosperity, they have only got to behave in a peaceful and helpful way toward one another. ~ (Winston Churchill)

  19. #19 by KennyGan on Sunday, 26 April 2009 - 10:20 pm

    May 7 will be Pakatan’s Last Stand on the Perak crisis. Will Malaysians turn up in large numbers to lend support to their embattled elected MB and the true government of Perak?

    Our constitutional rights have been trampled on by the BN govt and their whorehouse judiciary while the people’s last resort in the reserve power of the royalty has failed miserably. What is there left to do but for the people to stand up and defend their rights?

  20. #20 by Onlooker Politics on Sunday, 26 April 2009 - 10:38 pm

    I really don’t like to see that PR is going to lose the ruling power in Perak. However, if thing has to happen contrary to what we expect or aspire, then it will be much better for us to take the nature’s course and learn to take it easy.

    The last words said by Scarlett OHara (starred by Vivien Lee) as shown in the movie “Gone with the wind” always inspire me whenever my life begins to go a downhill trend:

    ~ I can’t let him go. I can’t. There must be some way to bring him back. Oh I can’t think about this now! I’ll go crazy if I do! I’ll think about it tomorrow. But I must think about it. I must think about it. What is there to do? What is there that matters? Tara! Home. I’ll go home. And I’ll think of some way to get him back. After all… tomorrow is another day.~ Scarlett OHara

  21. #21 by asianguy on Monday, 27 April 2009 - 1:10 am

    “Malaysians will be very shocked if Zambry succeeds in getting such a declaration from the Federal Court on Tuesday with such short notice.”

    Really? I don’t think so… The Federal Court will just happen to be extremely efficient and make a quick decision this time. These coincidences happen all the time in Malaysia, because UMNO is ‘God’.

  22. #22 by a2a on Monday, 27 April 2009 - 7:54 am

    May 7 Perak people will witness.

    Top do not love the people wills.

    Top do not care about the people wills.

    Top do not worry about justice, as they do not believe god’s justice.

    May 7 is your history proof and fact, it is a date to witness.

  23. #23 by Bigjoe on Monday, 27 April 2009 - 9:03 am

    With UMNO-BN its not one set of laws for them and another set for others, its one set of laws that only they can apply and others cannot apply and one set of laws that does not apply to them but apply to others…

    Some animals are more special than others, some pigs are more special than other pigs – George Orwell…

  24. #24 by ekans on Monday, 27 April 2009 - 10:10 am

    On 26/4/2009 at 18:51.01, chengho Says:

    In Perak case Najib outsmart PR by giving them the Trojan Horse…..

    …But he still could not outsmart the majority of Perakians in Bukit Gantang who gave victory to PR…

  25. #25 by Jeffrey on Monday, 27 April 2009 - 12:08 pm

    It is now apparent that Federal Court will be asked on 28th April 09 to make a declaration that Zamry’s earlier appointment as Perak MB was constitutional and legal, and that the 14 day notice requirement (for Legislative Assembly to sit) will hence start counting 14 days earlier from the date of 7th May 09 (called by Zamry) rather than being counted from the date the Federal Court sits and delivers judgment on the 28th April 09.

    This will ensure that Perak Legislative Assembly meeting will sit as originally scheduled by Zamry on 7th May 09 – a week well ahead of deadline on 14th May 2009, which otherwise triggers the dissolution of the assembly!

  26. #26 by Jeffrey on Monday, 27 April 2009 - 12:10 pm

    Will Federal court be also asked to direct Speaker Sivakumar to convene the Legislative Assembly sitting just in case Speaker refuses to convene or reject all motions tabled, whatever the decision on 28th April 09?

  27. #27 by taiking on Monday, 27 April 2009 - 1:16 pm

    Zarmi? Zamzi? Ramzi? Oh shoot &%#$(@#) Ramlzi Ramri ohh fu (8^%4_+&^).

    Who is dat idiot? Dat dat – oh dont me make repeat his name – dat you know dat idiot – dat dat – well DAT IDIOT! You know who I am speaking of dont you. Yeah. Who is he? I am curious. I dont think he is an assemblyman. Ask MB Nizar to report dat dat well DAT IDIOT to the police for impersonation.

  28. #28 by Onlooker Politics on Monday, 27 April 2009 - 2:21 pm

    “Will Federal court be also asked to direct Speaker Sivakumar to convene the Legislative Assembly sitting just in case Speaker refuses to convene or reject all motions tabled, whatever the decision on 28th April 09?” (Jeffrey)

    Jeffrey,
    The court has no power to intervene and question the validity of all proceedings of the State Assembly and this is clearly stated in Article 72 (1) of the Federal Contitution of Malaysia. Therefore it is no point for Zambry to ask the Federal court to give order to V Sivakumar in order for him to convene the Perak State Assembly meeting.

    However, on 7 May 2009 we can imagine that the whole venue of meeting session of Perak State Assembly will be tightly guarded by many guards and the most important protection point will be the microphone speaker system, which will most likely be placed in the hand of Hee Yit Foong. Most likely Hee Yit Foong will chair the Assembly meeting as the acting Assembly Speaker because V Sivakumar will be disqualified due to alleged conflict of interest for him to chair the meeting when the first motion to be tabled in the Assembly is to call for a voting of no confidence against V Sivakumar as the Assembly Speaker.

    When V Sivakumar has been removed by majority votes of no confidence, then a new Assembly Speaker from BN will immediately be appointed. From then on, Hee Yit Foong will lose her total value to BN and will only be turned into a condom-like lame duck money-seeking defector, whom will be made use once only and be thrown away forever after use!

  29. #29 by a2a on Monday, 27 April 2009 - 10:17 pm

    Wah…it would be a headlines if anyone do shoe practising at the traitors outside the meeting hall. They are deserved more than these….

    Every Perakian would be clapping hands with….

  30. #30 by JasonLee on Monday, 27 April 2009 - 10:54 pm

    Dun Perak meeting on May 13th, 2009 no good !
    The best date is May 14th, 2009 according Chinese Feng Shui !

  31. #31 by kerishamuddinitis on Tuesday, 28 April 2009 - 8:02 am

    BN and UMNO have always been two-faced and fork-tongued. An increasing number of Malaysians no longer believe their words and the alternative media are keeping tabs on their lies. Sadly, those who still believe them are large enough to give them the courage to continue lying.

  32. #32 by Jeffrey on Wednesday, 29 April 2009 - 7:51 am

    Federal Court’s decision on 28th April 09 sending back the ‘ PR MB versus BN MB’ case to KL High Court for the second time, after dismissing BN’s MB (Zamry)’s application for a fastrack hearing to consider constitutional issues is good for PR Perak….

    For it means: (i) Zamry’s 7th May Legislative Assembly meeting cannot be legitimised, and if Legislative Assembly were not convened by 14th May 09, the end of a 6th month period since the last Perak assembly was convened in November 2008 April, the Legislative Assembly will have to be dissolved to pave way for Perak state wide elections. That’s what PR/Nizar wanted all along. OR (ii) the alternative, ie that the 6th month period above referred is not continuous, being broken as it were by PR’s convening validly Legislative Asembly meeting under the Angsana Rain tree in March 09, and hence the end of 6th month period since the last Perak assembly was convened under the Democracy Tree will necessarily have to be in September 09. (This second case is also alright to PR because if Legislative meeting on March 09 under the Democracy tree were valid, so would the various resolutions passed against Zamry’s & the 6 appointments on that day under the tree!) Either way, it points to way to resolving the problem by going back to the people of Perak for electoral mandate.

    The unexpected outcome of Federal court decision favouring PR may be signal that powers-that-be might reverse the coup de grace in Perak that got them nowhere. Such a reversal may be capitalised by BN as a sign that they are sensitive to feelings of rakyat – just like the way the Cabinet unexpectedly took a commendable policy decision as a result of the Indira Ghandi case or the way they come out with selective liberalisation measures, rolling some aspects of NEP back; or Mukhriz Mahathir’s new-out-of-the-box approach curbing APs and saying a few things about negative effects of NEP. (It is almost as if they are saying that if it was their fathers who as PMs started and pushed the NEP agendas, the sons felt they have the moral standing amongst their constituency to take cudgel with some of the more debilitating aspects of these affirmative policies without fear of too adverse a electoral and political backlash from those who would fight tooth and nail to preserve these policies’ continuance).

    Net net, these may all be signs pointing that Najib – who knows time is not on his side and the need to mitigate fast his heavy political baggage – is making good use of advice from several quarters (including TDM?) in a way even better than his predecessor, and is, in first 100 days, showing promise to dare take certain bold policy moves (traditionally considered risky for BN to even talk about much less implement as policy) and to embark on taking the sail out of the Pakatan Rakyat’s ship on several fronts – economic, financial and political – and try halt and reverse the Opposition’s advance/resurgence since March 8 General Election last year.

    Najib’s ascendancy and deft initial moves on the political chessboard so far in the first 100 days pose a real challenge to Anwar/PR leaders to address and respond to it.

  33. #33 by TomThumb on Monday, 25 May 2009 - 11:12 am

    “The brothers lead the Hindu Rights Action Force (Hindraf), which recently filed a class-action suit against the British government for bringing Indians to Malaysia as indentured labourers and exploiting them for 150 years”

    This is like suing the British government for introducing rubber and the railway to Malaya which created a demand for cheap labour from India.

    Stupid.

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