Archive for August 4th, 2017

Why have Speaker Pandikar and Minister Azalina failed to provide MPs with the opportunity to review the Speaker’s rulings which denied MPs the right to hold the Executive to account on the 1MDB scandal?

Speaker Tan Sri Pandikar Amin Mulia broke the Speaker’s gavel at a time when he was mightily displeased that his decisions are being challenged in court.

But is the Speaker aware that conscientious and hard-working Members of Parliament are mightily displeased with his many 1MDB-related decisions, such as rejecting questions on the 1MDB scandal by over 30 Members of Parliament in the current parliamentary meeting, and virtually banning 1MDB from being debated in Parliament, with no meaningful recourse to the Standing Orders to review the Speaker’s ruling?

The Minister in the Prime Minister’s Deparment in charge of Parliamentary Affairs, Datuk Azalina Othman Said said Pakatan Harapan MP for PJ Selatan, Hee Loy Sien, had undermined Parliament’s independence and sullied Parliament’s good name when he sued Parliament Speaker Tan Sri Pandikar Amin Mulia.

Azalina cannot be more wrong.

I fully endorse Loy Sien’s legal action and the statement by the Pakatan Harapan MP for Padang Serai, N. Surendran who, together with Latheefa Koya act as Loy Sien’s lawyers, said that the suit against the Parliament Speaker was intended to uphold the dignity and role of Parliament to be the scrutineer of the actions of the Executive.

Loy Sien’s legal recourse is in fact a reflection of Azalina’s failure to uphold the parliamentary conventions in keeping with a first-world Parliament, where Parliament has not lost the powers and the independence intended by the Constitution and the doctrine of separation of powers among the Executive, the Legislature and the Judiciary.
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Raus is the only person today who can save the country from an ugly constitutional crisis

Will today, August 4, 2017, go down in Malaysian history as one of the nation’s black days of infamy when the country fell into the pit of a major constitutional crisis testing the Merdeka Constitution 1957 and Malaysia Agreement 1963 as to whether the nation can remain true to the basic principles of nation-building spelt out in the Merdeka Proclamation 1957 and Malaysia Proclamation 1963?

Two days ago, Pakatan Harapan leaders led by Tun Dr. Mahathir Mohamad (Bersatu), Datuk Seri Dr. Wan Azizah Wan Ismail (PKR), Mujahid Yusuf Rawa (AMANAH) and myself (DAP) petitioned the Yang Di Pertuan Agong Sultan Muhammad V to refer the government’s decision to extend the tenures of the two top judicial posts, the Chief Justice and the Court of Appeal President, to the Federal Court.

Article 130 of the Malaysian Constitution on “Advisory jurisdiction of Federal Court” states:

“130. The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.”

The tenure of Tan Sri Raus Sharif as Chief Justice ended yesterday while the tenure of Tan Sri Zulkefli Ahmad Makinudin as Court of Appeal President ends on Sept. 27. Read the rest of this entry »

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