Archive for category Perak
Democracy Tree plaque vandalised
After five days, the Democracy Tree plaque in Ipoh has been vandalised.
The vandals came in the small hours of the night and smashed into smithereens the top portion of the democracy plaque, leaving behind a “democracy relic”. (pic)
How contemptible.
Everybody knows who are the dastardly masterminds of the latest sacrilege against democracy in Perak and Malaysia.
Photo after vandalism – “Democracy Relic”
Photo before the vandalism – “Democracy plaque”
“Perak Speaker must be represented by State Legal Adviser” – Government Proceedings Act 1956 Irrelevant
Posted by Kit in Constitution, Perak on Tuesday, 10 March 2009
(By CKO, an Advocate practicing in Sabah, who has no political affiliation.)
1. Much has been said on the recent legal battles in Perak in the first week of March 2009, including the decision of the Ipoh High Court to grant an Order against the Speaker under Section 44(1) of the Specific Relief Act 1956. The Ipoh High Court apparently has ruled that because of the Government Proceedings Act 1956 (“GPA”), the State Assembly Speaker must be represented by the State Legal Advisor in the relevant legal proceedings. However, it is my humble view that the GPA was not applicable at all.
State Speaker Must be Represented by the State Legal Advisor?
2. There is no official report yet on the actual legal basis for the High Court’s rulings on this point, so we can only rely on the press reports. It has been reported that:-
“Mohd Hafarizam had argued that the Speaker’s own lawyers could not represent him as he was considered “part of the government”, and therefore only the state legal adviser could act for the Speaker and State Assembly members.”
(Speaker restrained from convening ‘State Assembly meetings’; The Star, Wednesday, March 4, 2009)
http://thestar.com.my/news/story.asp?file=/2009/3/4/nation/3399999&sec=nation
“Datuk Hafarizam Harun, who is leading the lawyers representing the three independent state representatives who switched to support Barisan Nasional, said Sivakumar could use private lawyers only if he resigns.
“Then we can elect a new speaker from the Barisan Nasional,” Hafarizam said, reflecting Barisan Nasional’s strategy to oust the speaker.
He added that Sivakumar had no choice but to use the SLA even if he had no faith in that person. “The prime minister also has to use the Attorney-General. It is not a matter of choice.””
(High Court: Sivakumar must be represented by state legal adviser; The Malaysian Insider, Thursday, March 5, 2009)
http://www.themalaysianinsider.com/index.php/malaysia/19690-high-court-sivakumar-must-be-represented-b
3. Presumably, such a sweeping argument made by the lawyers representing the Perak Barisan Nasional was based on Section 24 of the GPA:- Read the rest of this entry »
Assault On Legislature, Constitution Dead
Posted by Kit in Constitution, Perak on Monday, 9 March 2009
Discussing the Perak situation with specificity is, by this stage, a difficult thing to do. So much has happened so quickly. Nuanced actions and counter-actions, some of it in uncertain legal terrain, and relatively scarce details have made it precarious to consider certain key events – the legal action against the Speaker and its incidents, for instance – with the depth that only certainty would allow for.
Having said that, whatever the specifics may be and whoever may be right as to the validity or legality of certain aspects of the unfolding saga, when considered from a broader perspective and with reference to the fundamentals of democracy, I do not think that the situation in Perak is very complicated at all. As Tengku Razaleigh recently observed, a chain-reaction of illegality has left Perak possibly without a legitimate government and the Constitution a dead piece of paper.
I was too young to fully appreciate the terrible impact on democracy that the events of 1987 and 1988 had. Understanding came later, as I learnt to see what needed to be seen: the supremacy of the Constitution, the separation of powers and the check and balance it is aimed at, the independence of the judiciary and, correspondingly, the legislature. But even as my awareness of what had happened and how it had happened increased, I rather naively found myself thinking that it was unlikely that we would ever see anything of the likes again. Those events had simply been too heinous and the injuries inflicted on this nation too serious to ignore, even by those who had been responsible and those who would possibly follow in their footsteps.
Or so I thought. Read the rest of this entry »
Raintree Assembly commemoration – Perak political crisis has gone on long enough
Posted by Kit in Election, Najib Razak, Pakatan Rakyat, Perak on Sunday, 8 March 2009
It was a simple but symbolic and historic ceremony – the commemoration of a plaque of democracy at the site of the Raintree Perak State Assembly on 3rd March 2009 by the legitimate Perak Mentri Besar, Datuk Seri Nizar Jamaluddin, accompanied by Pakatan Rakyat Perak State Exco members, leaders as well as staunch defenders of democracy among the Perak public.
2008 gave the historic date of “308” while 2009 has given “303” as another historic date in the Malaysian battle for democracy.
The commemoration of the marble plaque beneath the “Democracy Tree” and the planting of five sapling raintrees today is doubly significant, falling on the anniversary of the political tsunami of the 12th general election last year – which completely changed the political landscape by bringing the graph of possibility of change within reach of all Malaysians.
But I have only one message which I made at the media conference after the ceremony – that the Perak political crisis had gone on long enough and should be ended without any more delay, so that Perakians and Malaysians can unite as one people to face the worst global economic crisis in 80 years.
The Perak constitutional crisis, which has produced two Mentris Besar, can be ended within 30 days if Barisan Nasional and Pakatan Rakyat leaders can agree to a common solution – to dissolve the Perak State Assembly and hold state-wide general election to let the Perak voters decide on the state government they want.
Pakatan Rakyat fully accepts the results of such a state election. Read the rest of this entry »
Sombre curtain closers marking Abdullah’s abysmal failures in police reforms
Posted by Kit in Abdullah Ahmad Badawi, Perak, Police on Saturday, 7 March 2009
The police used excessive and unnecessary force today, firing tear gas and water cannons, against peaceful protestors gathered to submit a memorandum to the Yang di Pertuan Agong at the Istana Negara opposing the use of English to teach science and mathematics from Standard One.
It is another example of the failure and futility of the blue-ribboned Royal Police Commission set up by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi when he first took office in 2003, and which came out with 125 recommendations to create an efficient, incorruptible, professional, world-class police service with three core functions to reduce crime, eradicate corruption and uphold human rights.
In Abdullah’s last hundred days as the fifth Prime Minister, illustrations galore are being given by the police highlighting the failure and futility of the Royal Police Commission, with a former Chief Justice, Tun Dzaiddin Abdullah in the chair and the country’s most famous and longest serving Inspector-General of Police, Tun Hanif Omar as deputy chairman.
These recent police outrages and scandals include: Read the rest of this entry »
How to judge the judge?
Posted by Kit in Constitution, Court, NH Chan, Parliament, Perak on Friday, 6 March 2009
by N. H. Chan
In The Sun newspaper, March 4, 2009, I read on page 1 this alarming report:
“Ipoh High Court grants injunction sought by Datuk Dr Zambry Abdul Kadir and the six State Executive Councillors to stop speaker V. Sivakumar from convening any state assembly sitting.
Court also ruled that Sivakumar’s five lawyers have no legal standing to represent him in the case filed by Zambry to seek a declaration that Sivakumar’s decision to suspend him and his executive council was unconstitutional and unlawful.”
The arrogance of a novice judge
I must say I was taken aback by the astonishing ruling of the High Court judge. The full report is on page 6 of the newspaper. There I find that the judge was Mr Ridwan Ibrahim, a judicial commissioner. He ruled that the lawyers “engaged by Sivakumar had no locus standi to represent him in an application by Perak Mentri Besar Datuk Dr Zambry Abdul Kadir, who is seeking a declaration that Sivakumar’s decision to suspend him and his executive council was unconstitutional and unlawful”.
Sivakumar’s leading lawyer was Mr Tommy Thomas, and I quote from the newspaper of what he said: Read the rest of this entry »
People’s hope in the judiciary has been misplaced
Posted by Kit in Constitution, Judiciary, Perak on Friday, 6 March 2009
by P Ramakrishnan
President
Aliran
Confronted by crisis in Perak, the people had reason to believe that the judiciary would be our last hope for justice to prevail. That hope is apparently misplaced. What a disappointment that proved to be!
It is difficult to believe or accept the decision of the Judicial Commissioner, Ridwan Ibrahim. To say the least, Malaysians are shocked into disbelief by his verdict. Technicalities were used to prevent a fair trial and counter arguments to help the judge to arrive at a sound decision. In this instance we are reminded of Aeschylus who said, “Wrong must not win by technicalities.” But that was what happened in the Ipoh High Court on 3 March 2009. It is a matter of grave disappointment to all of us.
To begin with, his decision to hear the case in chambers – not withstanding his discretionary powers – came as a complete surprise to the nation. Knowing that the entire country is very concerned with what is happening in Perak, the appropriate thing would have been to hear the case in open court as requested by senior lawyer, Tommy Thomas, representing the Speaker of the Perak Assembly. This fair request was denied.
What is at issue in this instance concerns every Malaysian and they have a right to know what persuasive arguments have been presented to support this case that has been brought to the Ipoh High Court by Zambry and others. We have a right to know what prevailed upon the Judicial Commissioner for his decision. Now, we will never know what transpired in the chambers. Read the rest of this entry »
Razaleigh calls for fresh polls in Perak
Posted by Kit in Constitution, Perak on Friday, 6 March 2009
Business Times, Singapore
06 Mar 2009
Razaleigh calls for fresh polls in Perak
He says this may be an elegant way out of the political impasse
By S JAYASANKARAN
IN KUALA LUMPUR
BARISAN Nasional lawmaker and former finance minister Tengku Razaleigh Hamzah has added his voice to a growing chorus of Malaysians demanding fresh elections in Perak state to resolve its month-long political impasse.
‘I think that constitutional rule in Perak has collapsed and the only way to rectify the situation is to go back to the people,’ Tengku Razaleigh told BT in an exclusive interview yesterday. ‘That would be the appropriate thing for the ruler to do.’
The reference is to Sultan Azlan Shah, the state’s monarch who, on Feb 2, rejected a request by Perak’s then chief minister Nizar Jamaluddin – of the Pakatan Rakyat (PR) opposition alliance – to dissolve the state’s assembly and pave the way for fresh polls.
Mr Nizar made the request after his government was toppled when three of his representatives defected to become independents supportive of the Barisan Nasional (BN). Read the rest of this entry »
Believe it or not!
Posted by Kit in Constitution, Perak on Thursday, 5 March 2009
‘Perak Speaker Can Only Be Represented By State Legal Adviser’
Bernama
March 05, 2009 18:58 PM
IPOH, March 5 (Bernama) — The High Court has ruled that Perak State Legislative Assembly Speaker V. Sivakumar can only be represented by the State Legal Adviser in the suits brought by 10 members of the assembly including Perak Menteri Besar Datuk Dr Zambry Abdul Kadir.
Zambry and the six State Executive Councillors — Datuk Ramly Zahari, Datuk Saarani Mohamad, Hamidah Osman, Zainol Fadzi Paharuddin, Mohd Zahir Abdul Khalid and Dr Mah Hang Soon — are seeking a declaration that the speaker’s decision in suspending and preventing them from attending the assembly’s sittings for 18 months (for Zambry) and 12 months (for the rest) null and void.
There independent lawmakers — Jamaluddin Md Radzi, Capt (R) Mohd Osman Jailu and Hee Yit — want the court to declare that their Behrang, Changkat Jering and Jelapang seats not vacant and that they are still legitimate people’s representatives.
Counsel Datuk Mohd Hafarizam Harun, a member of the team of lawyers representing all the plaintiffs, told reporters that Judicial Commissioner Ridwan Hashim accepted two points forwarded by his side to object the appointment of private lawyers to represent the Speaker.
First, he said, the Speaker is a public official and a branch of the government and his salary is paid through the state government’s Consolidated Fund.
Second, the preamble of the Perak Constitution explains that the executive body to the state assembly is an organ of the state government, he said. Read the rest of this entry »
Nazri, who is the “small boy” in the PM’s Department?
Posted by Kit in Martin Jalleh, Parliament, Perak on Thursday, 5 March 2009
by Martin Jalleh
Who is small the boy in the Prime Minister’s Department who treats and turns parliament into his personal playground where he proudly leaves a trail of his political pooh behind?
Who is the small boy who tries to act tough, talks big and throws his weight around and wants everybody to think that he is the PM and that he knows everything?
Who is the small boy who childishly threatens and taunts those who stand up to him, and refuse to tolerate his temper, tantrums and theatrics?
Who is the small boy who cannot take criticisms and goes into a fit or a foul frolic or flaunts his foolishness according to his whim and fancy?
Who is the small boy who said he would advise the Cabinet to replace the then ACA Investigations Director with whom he had a war of words with!
Who is the small boy who told Parliament that former Lord President Salleh Abas and other senior judges involved in the judicial crisis 20 years ago were not “sacked”?
Who is the small boy who shouted in parliament like some street bully “racist and “bloody racist” at DAP MP M Kula Segaran – 41 times in a space of five to 10 minutes? Read the rest of this entry »
MACC proving it is just UMNO catspaw when it clears Umno of money politics
Far from wanting to prove that it is another ICAC (Hong Kong’s intrepid and world-famous Independent Commission Against Corruption) as promised in Parliament in December, the newly-formed Malaysian Anti-Corruption Commission (MACC) seemed determined to establish that it is nothing but the catspaw of UMNO.
The latest evidence has again come from the MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan who said in Malacca that the MACC had completed its investigation on claims of money politics in Umno and found no cases so far.
Congratulations to the MACC Chief Commissioner for clearing UMNO of all allegations of the corruption of money politics – which must have even caught UMNO leaders, delegates and members by surprise that UMNO is so clean, pristine and pure!
Read the rest of this entry »
Raintree Perak Assembly – Najib’s crisis of legitimacy as 6th PM
The historic “raintree Perak State Assembly” in Ipoh yesterday has captured the imagination of Malaysians longing for democracy and political change after the political tsunami in the 12th general election almost a year ago last March.
It has entered the folklore of the human struggle for democracy, freedom, justice and solidarity, not only in Perak and Malaysia, but of mankind itself.
This is why the “raintree Perak State Assembly” has had such en empowering, uplifting and even liberating effect on Malaysians, who have had enough of the sham and hypocrisy of Umno and Barisan Nasional leaders who had claimed that they had heard and understood, loud and clear, the message of the Malaysian electorate in the March 8, 2008 general election, that they would be leaders for all Malaysians and not just for any one race or group, even proclaiming the slogan of “Reform or Perish”! Read the rest of this entry »
The Parable Of The Rain Tree – A Personal Experience
Posted by Kit in Constitution, Perak on Wednesday, 4 March 2009
While some watch birds, I have always preferred trees myself. The best break I ever have always involves sitting where my eyes can behold the wonders of trees, unfailingly and truly a sight for my tired eyes, mind and heart.
Coming from Taiping, my favourite tree is the raintree, tall and sprawling. At the Taiping Lake Gardens, the branches of the raintree majestically bend down towards the water forming a manificent canopy of green archways over the road. You haven’t been to Taiping without cycling or driving under those archways, a singular sublime experience to cherish for a very long time.
Raintrees do last a long time. In Taiping, they were there long before I was born and no doubt will be there long after my time on this earth.
What better symbol therefore for the status of Perak democracy than the humble raintree!
Derogatory talk, therefore, of the extraordinary session of the Perak State Assembly convened on Tuesday 3 March 2009 at 10.20am under the raintree across the road from the Perak State Secretariat Building is completely misplaced, shortsighted and shallow. Read the rest of this entry »
Reformasi reigns under a raintree
Posted by Kit in Martin Jalleh, Perak on Tuesday, 3 March 2009
(MJ reporting from the site where history was created)
I have never felt so proud of being a son of Perak than today. It was a historic and unforgettable moment. It was a moment made up of heroic courage accompanied by an unending chorus of “Hidup Perak”. It was a moment which Perakians could hold their heads high and know that there is hope.
For once “Malaysia Boleh” meant something very significant to me. What took place happened in Bolehland! In the midst of the crowd there was a placard which read: “The Whole World is Watching”. Yes, the whole world saw how the people of Perak and their leaders refused to bow, bend and buckle under Najib’s nefarious tricks and Umno’s manipulative maneuverings.
The whole world saw how a brave bunch of State Assemblypersons refused to be bribed, bought over, bullied or budge and how they are ready to face the possible consequences of their bravery in standing up to the powers-that-be who brazenly and shamelessly robbed the people of their State Government.
Today, Mohd Nizar Jamaluddin was voted and confirmed unanimously in a motion of confidence the true and legitimate Menteri Besar of Perak by the Perak State Assembly. This took place in an “emergency sitting” held under a raintree and an open sky – in the approving and affirming presence of the people. Read the rest of this entry »
Perak State Assembly under a rain-tree – history made today
History has just been made in Perak with the Perak State Assembly convened and held under a rain-tree.
Twenty-one years ago, the doctrine of separation of powers among the Executive, Judiciary and the Legislature suffered a grievous blow in the “Mother of Judicial Crisis” on 1988, from which Malaysia has not yet fully recovered.
Today, the doctrine of separation of powers has suffered another grievous blow with the powers and privileges of the legislature in Perak, attacked by the executive, both federal and state, which is also seeking to invoke unprecedented judicial interference with the legislature.
The Perak Speaker, V. Sivakumar, the legitimate Perak Mentri Besar, Datuk Seri Nizar Jamaluddin, the legitimate senior Exco Datuk Ngeh Koo Ham, and all the Pakatan Rakyat Assembly men and women have done Perak and Malaysia proud.
They have written a glorious chapter in the history of democracy in Perak and Malaysia. Read the rest of this entry »
Najib’s unethical and unconstitutional power grab in Perak may sow the seeds for his downfall as the sixth Prime Minister
Posted by Kit in Constitution, Najib Razak, Perak on Sunday, 1 March 2009
As the Prime Minister-in-waiting, Datuk Seri Najib Razak cannot be so ignorant as not to know that his statement that there could not be any Perak State Assembly meeting until the courts decide on the status of the state government is completely untenable, as it has no basis in law or constitutional practice.
The question is whether Najib is making this statement as Deputy Prime Minister after getting the proper advice of the Attorney-General’s Chambers or as UMNO Deputy President without the benefit of any proper expert legal opinion.
The Prime Minister, Datuk Seri Abdullah Ahmad Badawi had acted most improperly when he had earlier advised the “pretender” Perak Mentri Besar Datuk Dr. Zambry Abd Kadir to lodge police report against the Perak State Assembly Speaker, V. Sivakumar for suspending Zambry and the other six “pretender” state exco members from the state assembly, which also attracted the criticism of former Prime Minister Tun Dr. Mahathir Mohamad, when the Speaker’s decision or action is protected by law and conferred immunity from civil or criminal proceedings.
Clearly, Abdullah’s advice could not have emanated from the Attorney-General’s Chambers.
But it has resulted in gross abuses of power by the Police as well as by the Malaysian Anti-Corruption Commission (MACC) in subjecting the Perak State Assembly Speaker to interrogation, which are gross violation of established world-wide parliamentary laws, practices ,conventions and traditions. Read the rest of this entry »
“Foul is fair, fair is foul” – Malaysian politics getting uglier by the day as Najib gets close to be PM
Posted by Kit in Najib Razak, Parliament, Perak, Politics on Friday, 27 February 2009
With the Abdullah premiership nearing its end and the daily countdown for Datuk Seri Najib Razak to take over as the sixth Prime Minister in the first week of April, Malaysian politics is also getting uglier by the day – where “foul is fair and fair is foul”!
The shameful, shocking and outrageous violation of Parliament’s sanctity yesterday, where Selangor UMNO Youth leaders mobbed DAP National Chairman and MP for Bukit Gelugor, Karpal Singh in the precincts of Parliament, obstructing and menacing Karpal in the discharge of his parliamentary duties, as well as manhandling Pakatan Rakyat MPs Lim Lip Eng (DAP – Segambut), Fong Kui Lun (DAP – Bukit Bintang), Chong Chieng Jen (Bandar Kuching) and N. Gobalakrishnan (PKR – Padang Serai) who had gone to the aid of Karpal to protect him, is a blot in the 51-year history of Parliament marking a new low in Malaysian politics.
What was doubly shameful, shocking and outrageous was that the administration and security of Parliament were fully aware of the criminal intent of the Selangor UMNO Youth mob to commit the crime of parliamentary contempt under the Houses of Parliament (Privileges and Powers) Act 1952 in “assaulting, obstructing or insulting any member coming to or going from the House or on account of his conduct in the House or endeavouring to compel any member by force, insult, or menace to declare himself in favour of or against any proposition or matter pending or expected to be brought before the House” [Section 9 (e)], but they did not lift any finger to protect the safety and security of MPs in the parliamentary precincts from the Selangor UMNO Youth mob although they could alert MPs and the media to the crime of parliamentary contempt being committed against Karpal. Read the rest of this entry »
‘Cops, security did not help me’
Posted by Kit in Constitution, Perak on Friday, 27 February 2009
by S Pathmawathy & Rahmah Ghazali
Malaysiakini Feb 26, 09
DAP chairperson Karpal Singh said police and security personnel did not come to his aid when he was mobbed by a group of angry Umno Youth supporters at the Parliament lobby this afternoon.
“Although I called for the police to come and help, no one came… and my driver Michael called (DAP MP Fong) Po Kuan, who then called (DAP MP) Lim (Lip Eng).
“Lim came with N Gobalakrishnan (Padang Serai-PKR), Fong Kui Lun (Bukit Bintang-DAP) and Chong Chieng Jen (Bandar Kuching-DAP),” he told reporters after the incident.
“I might be in a wheelchair but I will not be cowed or intimidated by anyone,” he added.
The DAP chairperson and Bukit Gelugor MP said the Umno Youth supporters were so brazen that some of them had given him their name cards.
“They were very unruly and refused to let me leave,” said the veteran politician, who called for urgent action to be taken against the mob.
“Something must be done on a very urgent basis… how were these people even allowed in the precincts of Parliament? Where is the security if we are going to be accosted on our way to the House?
“I want action to be taken by the speaker, a rhetoric statement in the House is not enough, we want action and the speaker could do the necessary afterwards,” he added.
Read the rest of this entry »
Sultan has no powers to ask Nizar to quit
Posted by Kit in Constitution, Perak on Wednesday, 25 February 2009
by NH Chan
Malaysiakini
20.2.09
According to the Perak constitution, the ruler has a personal discretion in the performance of two functions – the appointment of a menteri besar and the withholding of consent to a request for the dissolution of the legislative assembly.
On Feb 4, Mohd Nizar Jamaluddin, the mentri besar, was granted an audience by the sultan to request for the ruler’s consent to dissolve the Perak State Assembly.
The next day, Deputy Prime Minister Najib Abdul Razak also requested for an audience with the sultan as the Perak BN chief and consent was granted for him to present himself before the ruler.
This is the account given in the Star, Feb 6:
“The four-page statement, signed by the sultan’s private secretary, Col Abdul Rahim Mohamad Nor, was issued at 2.15pm, Feb 5.
“It said Mohd Nizar had an audience with the sultan yesterday to seek the ruler’s consent to dissolve the state assembly. Earlier in the day, Najib, who is Perak Barisan chairman, had an audience with the sultan twice.
“At the audience in the morning, he informed the ruler that BN and its supporters now had the majority in the state assembly. The statement said the sultan had summoned all the 31 assemblymen before him to verify the information.
“‘His Royal Highness had used his discretion under Article XWI (2)(b) of the Perak Darul Ridzuan State Constitution and did not consent to the dissolution of the Perak State Assembly,’ the statement added.”
Bernama later reported that Mohd Nizar was summoned to an audience to be informed of the sultan’s decision not to dissolve the state government.
Now what is wrong with that? Read the rest of this entry »
Abdullah – retract statement that police report be lodged against Perak Speaker Sivakumar
Posted by Kit in Abdullah Ahmad Badawi, Constitution, Perak on Monday, 23 February 2009
Former Prime Minister Tun Dr. Mahathir Mohamad is right when he ridiculed the public statement by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi asking Datuk Zambry Abdul Kadir to lodge a police report against the Perak State Assembly Speaker V. Sivakumar.
As Mahathir asked in his blog, “If the decision of the Speaker can be considered a crime, then what will happen when the Parliamentary Speaker suspends opposition members for whatever reasons?”
Abdullah has not only made a ridiculous proposal, he had set a bad example as Prime Minister in publicly calling for an open breach of the law, as the Speaker’s decision or action, whether one agrees or disagrees with it, is protected by law and conferred immunity from civil or criminal proceedings.
This is why the Police should stop harassing Sivakumar as the police should be the first to uphold the law rather than to break it. Read the rest of this entry »
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