“No authority to fire. Counsel: Sultan can appoint MB but can’t remove him.”
This is the headline of the Star report today on the historic case between the lawful and legitimate Perak Mentri Besar Datuk Seri Mohamad Nizar Jamaluddin and the usurper and illegitimate Mentri Besar Datuk Zambry Abdul Kadir.
The headline came from the submission of Nizar’s lead counsel Sulaiman Abdullah who submitted that while the Sultan was conferred the power to appoint a mentri besar, he did not have the same power to remove a sitting mentri besar.
Sulaiman said: “It is well and good in appointing, that is entirely up to the Sultan but getting rid of the mentri besar is no longer the Ruler’s function – it is now up to the state council. That can only be done through a vote of no confidence in the House.”
This position, which has always been the stand of the DAP and Pakatan Rakyat, has been fortified by none other than former Prime Minister Tun Dr. Mahathir at his keynote address on The Role of the Executive, Legislative, Judiciary and Constitutional Monarchy at the ninth Perdana Discourse Series today.
The various media headlines could not be clearer, viz: “Dr. M: Sultan has no power to remove MB” (Malaysiakini), “Dr M: MBs can only be removed through confidence vote” (Malaysian Insider), “Dr M: Ruler cannot remove head of govt” (Star online).
It is more than time for good sense to prevail to end the three-month-long constitutional and political crisis and stalemate, as an unethical, undemocratic, illegal and unconstitutional power grab in Perak is completely unacceptable and untenable.
It is most gratifying that more and more people in the Barisan Nasional are coming round to the view that the best solution to the Perak crisis is to dissolve the State Assembly and hold Perak state general election to return the mandate to Perakians to vote the state government they want, even though very few are brave enough to speak publicly.
The Dewan Negara President Tan Sri Dr. Abdul Hamid Pawanteh has proved to be a most commendable exception, with his call to resolve the Perak crisis by returning the mandate to the people.
In the Star report, “Go back to the people, says senate head”, Dr. Abdul Hamid said “the political situation in Perak has reached a stage where it may be time to go back to the people”.
This is wise advice as the compromising of the credibility, integrity and legitimacy of important institutions of the nation, like the monarchy, police, MACC, the judiciary, and undermining vital principles of a parliamentary democracy like the doctrine of the separation of powers will do more harm than good to the Najib motto of “1Malaysia”.
For this reason, I wish to appeal to the Sultan of Perak to dissolve the Perak State Assembly before its sitting tomorrow to end the three-month constitutional and political stalemate in Perak so that the people of Perak and Malaysia can single-mindedly focus on a united strategy to tide the country through the worst global economic crisis in a century.
#1 by IbnAbdHalim on Wednesday, 6 May 2009 - 5:20 pm
He has been the Lord President before. He knows the rules and laws inside out. If the monarch has his subjects at heart he should have dissolved the state assembly. If he chose not to what can we do? We have spoken and all has fallen onto deaf ears. Checkmate?
#2 by frankyapp on Wednesday, 6 May 2009 - 5:35 pm
Well guys, four things will happen soon,firstly the dewan negara president will get the boot,secondly the sultan will remain dumb ,thirdly all protesters/demonstrators will get fire by water cannon and forthly Dr. Zombie will celebrate his usurper and illegitimate success.
#3 by Onlooker Politics on Wednesday, 6 May 2009 - 5:36 pm
The recent development of Perak Constitutional Crisis has almost come to a stage for the end. Several facts have been made known to us through the development of the crisis:
1) It is confirmed that the Sultan of Perak has the discretionary power to appoint a Menteri Besar who already commands the majority confidence of the State Legislative Assembly.
2) It is also confirmed that the Sultan is not given the Power by the State Constitution to sack a Menteri Besar.
3) The Sultan should not appoint a second Menteri Besar before the existing Menteri Besar has tendered his resignation.
4) If the existing Menteri Besar is deemed to have lost his command of majority confidence of the State Legislative Assembly, then he can be removed through the passing of a motion of no confidence by the majority of the State Legislative Assembly.
5) If the Sultan has made the mistake in appointing a second Menteri Besar before the first Menteri Besar has been removed by the State Legislative Assembly by the Assembly Proceeding of voting of no confidence, then it is advisable for the Sultan himself to accede to the first Menteri Besar’s request to dissolve the State Legislative Assembly in order to lay path for the state-wide election.
6) If the Sultan refuses to dissolve the State Legislative Assembly in accordance with the request made by the first Menteri Besar, then a chaotic situation will be created in the convene of State Legislative Assembly meeting because the Assembly Speaker will be deemed as unfair by either party no matter how the Speaker is going to allocate the seat for each of the said two Menteri Besars!
7) In order to avoid causing further embarassment to the Sultan himself in the meeting of the State Legislative Assembly when two Menteri Besars were in existence at one time, it is only rightful for the Sultan to accede to the request of the First Menteri Besar and approve the dissolution of the State Legislative Assembly.
8) By agreeing to dissolve the State Legislative Assembly, the Sultan can again regain his Sovereignty by asserting his discretionary power of permitting the dissolution of the State Legislative Assembly!
#4 by Billy on Wednesday, 6 May 2009 - 5:55 pm
I really find it utterly incredible that the Sultan could sit idly by while his state is being torn apart. Which monarch in the world wold do this, I wonder? Nero of Rome, perhaps. So many eminent people have spoken “Go bak to the rakyat for a fresh mandate” and yet, the silence from the palace is terribly deafening.
#5 by Loh on Wednesday, 6 May 2009 - 6:13 pm
The Sultan has the power to appoint MB. So, having appointed the second MB when the first MB cannot be sacked, the two MBs are equally authorised to function as co-MB. But that would not work.
The state assembly can be dissolved if no meeting is held before May 13, two weeks away. If Zambry is not overzealous in trying to bahave as though he was a full MB, and if he allows the next two weeks to pass without any meeting of the LA being called, then all parties will save face. The Sultan does not have to dissolve the LA and it stands dissolved. The person who calls the shot is Najib. He has yet to realise that stealing a state government only demonstrates that he was able to use brute force. Mugabee did that too.
#6 by rubini on Wednesday, 6 May 2009 - 6:24 pm
[deleted]
#7 by gofortruth on Wednesday, 6 May 2009 - 6:32 pm
The whole world is watching how the beastly big bully UMNO is trying to bulldoze its way through Perak by hook or by crook. Its more shocking to see how our much respected Sultan of Perak can allow such diabolical act to happen in his silver state?????
#8 by KennyGan on Wednesday, 6 May 2009 - 6:41 pm
The Sultan should exercise his prerogative not to dissolve the state assembly only under exceptional circumstances such an MB who is unbalanced and makes a frivolous request. The sultan should not use his prerogative to choose or favour a certain political party to govern. By doing so, the sultan is not above politics so he becomes a super-politician rather than a monarch.
The people have no use for a super-politician who is not elected to push a govt they have not elected down their throat. A monarchy survives by the goodwill and respect of the people. If the people do not want a monarchy, how long can the monarchy last?
The reputation of the monarchy has certainly been diminished in the Perak power grab. Sultan Azlan Shah himself said that rulers will become museum pieces if they act against the will of the people. Too bad he did not follow his own advice.
#9 by AhPek on Wednesday, 6 May 2009 - 7:13 pm
If he is a true Sultan of the people of Perak genuinely concerned for Perak’s interest,surely he would not allow his state to bleed like that and would therefore be wanting to immediately put an end to this political impasse by dissolving the Perak State Assembly in order to once and for all resolve this political stalemate.
#10 by a2a on Wednesday, 6 May 2009 - 7:18 pm
No need to say further, in reality some people have no courage to do the right things.
#11 by Taxidriver on Wednesday, 6 May 2009 - 8:58 pm
My intuition tells me that something positive is in store for the Perakians. Yes, be prepared for a state wide election because Najib has put on reverse gear which can be deduced from the ‘last minute’ public comments by, of all people, the former PM TDM. And as if that is not enough, senate head Dr. Abdul Hamid is all for a state election when he said “the political situation in Perak has reached a stage where it may be time to go back to the people”
I believe UMNO leaders must have had lengthy discussions on the Perak issue and, after careful consideration, decided to drop the original plan to ‘bulldoze’ their way through the constitution tomorrow to control the Perak state government. They must have realised that doing so will bring them more harm than good. UMNO finally sees that the illegitimacy of their actions, what more with the whole world watching them!
The latest comments is a face-saving gesture, following which the sultan will make the expected announcement before sunrise.
A penny for your thought: Why did not such comments come earlier? Why do it now with barely 24 hours before the Assembly Meeting?
#12 by pwcheng on Wednesday, 6 May 2009 - 8:58 pm
I am a Perakian. Etched in history is A Tale of Two MB. A sorry State and a sad tale. I hope the Sultan will rise to the occasion and dissolve the State assembly to pave way for an election to solve the impasse and that is my fervent appeal to Tuanku.
#13 by yhsiew on Wednesday, 6 May 2009 - 9:07 pm
To sum it up, the Perak crisis is a choice between a rich ruling party which could bring massive development fund to Perak and an opposition party which is not so well-off but adheres to the rule of law and the state constitution.
May the Almighty grant wisdom to the Sultan of Perak to make the right choice.
#14 by Jeffrey on Wednesday, 6 May 2009 - 9:08 pm
Malaysiakini [Rahmah Ghazali | May 6] reported that Dr Mahathir Mohamad in a keynote address on the separation of powers in Putrajaya today “delivered a potential hammer blow to Prime Minister Najib Abdul Razak by stating that an elected head of a state government cannot be removed by a sultan. Instead, the former prime minister said that the elected head of a state government can only be removed by a vote of no-confidence in the legislative assembly.”
Here lies the difference : if Tun Dr Mahathir opined it, it is Ok, it is merely his point of view on the Constitution.
However when DAP National Chairman, prominent lawyer Karpal Singh and prominent blogger Raja Petra said in substance the same, they are accused of derhaka (disloyalty and treachery).
The permissability of how the Constitution is to be interpreted – whether lawful or unlawful – would now appear to be also dependent on the stature of the person, whether within or outside the power structure. :)
#15 by Jeffrey on Wednesday, 6 May 2009 - 9:26 pm
Tun Dr Mahathir may still prove to be a major power broker/king maker determining the bigger Political chess moves. One statement like that from him packs a greater moral “hammer blow” (in Malaysiakini’s words) against BN’s takeover of Perak Legislative Assembly than all the hours of submissions and arguments by Nizar’s lead counsel Sulaiman Abdullah replete with legal constitutional precedents! TDM points obliquely the direction on how the impasse should be resolved: a state wide elections. It is forseeable that the present course proposed to be taken tomorrow to take Sivakumar out in the last stand will likely create greater unrests and problems and will not serve the interests of those in power.
#16 by KennyGan on Wednesday, 6 May 2009 - 9:52 pm
Taxidriver, I hope you’re right but my intuition tells me that Umno will bulldoze its way through to cement their power.
The fact is that Umno is still locked in the mindset of a one party system so it does not bother about public opinion which it thinks it can disregard. However, it is fair to say that we now have a 2 party system so Umno’s inability to change its attitude will be its undoing.
The hallmarks of a 2 party system is that any one of 2 parties have the ability to win power and more importantly, the mindset of the people can accept being governed by either party. This is already true in Malaysia.
#17 by yhsiew on Wednesday, 6 May 2009 - 9:54 pm
BN may have its upper hand in the Perak crisis this time around but after GE13, there is a high chance that Perak will come under the control of the Opposition for good – BN will never regain control of state!
#18 by Taxidriver on Wednesday, 6 May 2009 - 9:58 pm
Having 2 Menteri Besar in Perak is the result of a mistake made by Raja Azlan Shah in a moment of carelessness. However, it is not to late for him to put things right by decreeing the dissolution of the State Assembly and to let his subjects choose the government they want.
The Sultan should not have the feeling that it will be a ‘loss of face’ to retract his earlier decision. Like all human beings, he is not perfect, and bound to make mistakes no matter how wise he is. Too, admitting one’s mistakes signifies one’s courage rather than weakness.
Sir, dissolving the State Assembly wll benefit all parties-PR, BN and YOU. Unmistakably a WIN-Win situation.
#19 by Taxidriver on Wednesday, 6 May 2009 - 10:40 pm
KennyGan ( Today at 21:52.42 )
KennyGan,
There is, of course, a high possibility that your prediction will turn out right. But then again UMNO will have by now realised that taking over Perak Government by illegal and unscrupulous means will be more a curse to them, if anything. If I were to have the final say in UMNO, I would rather forego Perak which is just one battle. I would put my priority on winning the War-13th GE.
Taking Perak by force will only benefit PR greatly which,in turn will cause UMNO/BN to lose,with near certainty,the next GE due to rakyats’ anger against UMNO and sympathy for PR.
#20 by AhPek on Wednesday, 6 May 2009 - 10:40 pm
“Having 2 Menteri Besar in Perak is the result of a mistake made by Raja Azlan in a moment of carelessness.”. Taxidriver.
You are certainly very generous to think that the political crisis in Perak is the result of a mistake made by the Sultan in a moment of carelessness.However many would believe otherwise since the Sultan is a former Lord President.Rather it is the result of a decision based on interest.
#21 by Tonberry on Wednesday, 6 May 2009 - 10:46 pm
Was the Sultan of Perak blackmailed?
#22 by Taxidriver on Wednesday, 6 May 2009 - 11:03 pm
Correction:…………I would rather forego Perak which is but just one battle.
#23 by Taxidriver on Wednesday, 6 May 2009 - 11:22 pm
AhPek (Today at 22:40.50)
A decision based on interest is carelessness on his part. He did not give the matter proper thought! Whatever it is, “Now, however, there remain faith, hope,love, these three; but the greatest of these is love. (1Corinthians 13;13)
#24 by sheriff singh on Thursday, 7 May 2009 - 1:04 am
Today 7th May, we will see how “strong” and fair our leaders are.
Or will we see another brick in the wall?
Today, it all happens. Today is the day of reckoning.
Do the right thing.
#25 by frankyapp on Thursday, 7 May 2009 - 2:36 am
Well Umno youth,the ball is now on your side,now that TDM has critizised the sultan of Perak . Show us now if you are a true hero to conderm TDM for disrepecting the sovereignty of the sultan.Or now you chicken out cos it’s not Karpal singh but Tun Dr Mahathir Mohamad.
#26 by HJ Angus on Thursday, 7 May 2009 - 5:10 am
For once I admire TDM’s comment on the role of the Sultan in a constitutional monarchy.
Maybe Karpal Singh should get him to testify in his trial?
#27 by Taxidriver on Thursday, 7 May 2009 - 5:58 am
Kapal Singh: The decision of the sultan can be challenged in Court.
UMNO Youth: Celaka betul. Orang Punjabi ini derhaka, nak cabar ketuanan melayu. Hey! cepat buat laporan polis.
**************************************************Mahathir: The sultan has no power to remove MBs or heads of government…..
UMNO YOUTH: Tak dengar, tak dengar
**************************************************
Taxidriver: Tak cakap kerana bisu. Tak dengar kerana pekak.
#28 by lakshy on Thursday, 7 May 2009 - 6:41 am
“You are not really there. If I think you are guilty or the cause of the problem, and if I made you up, then the imagined guilt and fear must be in me. Since the separation from God never occurred, I forgive ‘both’ of us for what we haven’t really done. Now there is only innocence, and i join with the Holy Spirit in peace.”
#29 by chengho on Thursday, 7 May 2009 - 7:47 am
from ca—The sultan did not sack him but the constitution demands that Nizar resign…the Sultan did not make a decision in vacuum but took into a consideration extraneous matters…
#30 by Bigjoe on Thursday, 7 May 2009 - 8:37 am
At the end of the day what matter really is that this episode of political rape of Perak has shown that we don’t have an accountable system where the civil servants, police and judges can break the laws with impunity.
At the end of the day what is important is that we the public knows that BN Perak are nothing more than political Mat Rempits i.e, they break the law at their convenience and opportunity. That they regard the Perak people similar to cheap Mongolian sluts that can be used and disposed off when they want.
At the end of the day the public must understand that the state and country is in ‘clear and present danger’ and that they one who are seditious is BN and their appendices.
The people of Perak has been violated after countless times telling the BN attackers that NO. and the attackers just simply don’t undrestand.
In the end, it must boil down to ‘Maruah dan Aqidah’ i.e., how do they get their ‘maruah’ back and maintain ‘aqidah’ of their govt and political leaders?
#31 by Jeffrey on Thursday, 7 May 2009 - 9:21 am
If I were adviser to powers-that-be, I would re-strategize and argue that:
· this whole business of toppling the Pakatan State Govt by defections to BN was originally to serve the public relations to boost Datuk Seri Najib Razak’s stature before the last UMNO General Assembly end March. It was to show he could play Pakatan Rakyat (PR)’s Datuk Seri Anwar Ibrahim in his own game. It was to bring the “trophy” of Perak state Govt home to herald and mark the handover of power from Datuk Seri Abdullah Ahmad Badawi to Najib.
· the reality on the ground is that there is no way PR’s politicians will allow such a wrestling away and transfer of power by dubious crossovers to Barisan Nasional (BN) without legitimacy of fresh rakyat’s mandate. They would fight tooth and nail to retain their hard won prize of Perak State Govt. It did not help those who planned the coup de grace to not factor in the disrupting effect of Speaker Sivakumar’s pivotal role to thwart a smooth transfer of power and force a constitutional impasse until today.
· Since the point has already been made to UMNO GA that what is sauce for the goose is sauce for the gander and to Anwar that “what you would say you would do but could not do, I can do better”, there is no point in persisting in such a course that leads the institutions of monarchy and judiciary into a collision course with large sections of the rakyat and brings more damage and disharmony than advantage to Najib or his 1 Malaysia Motto. It is already becoming a big baggage and it is an extra one he doesn’t need. After all Najib has already ascended to and is now ensconced at the apex of power. He has enough problems from other quarters. He needs to heal the national rift and show commitment to proceed with governance.
· The prolonged impasse has allowed the tide of public opinion to turn against this Perak adventure that has outlasted by now its public relations and other whatever value. Even patron Tun Mahathir has come out to speak against it diffusing whatever moral or legal legitimacy amongst BN camp!
· It would be better to retract and seize the initiative to win back whatever residual of goodwill over such a Perak misadventure by an aboutface turn of directing Datuk Seri Dr Zambry Kadir to cooperate with PR Aduns to support a dissolution of the Perak Legislative Assembly to pave way for the state wide elections. This is without conceding in anyway that the Ruler’s appointment of Zambry was anything than regular and constitutional.
· It is opportune time since Raja Nazrin will stand in stead of his father the HRH Sultan Perak to address the 59 assemblypersons. He can help set the right tone for a graceful reversal of BN’s position.
To persist in original course of ousting Siva would aggravate situation and requires more repressive methods hardly helpful to the economy and 1 Malaysia. From Najib’s angle, he should concentrate on how to defend BN in next general election rather than being dragged down embroiled in this Perak imbroglio, like a flu that won’t go away.
#32 by lopez on Thursday, 7 May 2009 - 9:08 pm
habis ….habis
what went wro ….long
who could believe this….so much of education and westernization , hugh low would laugh in his grave.