Showdown Perak - follow the rule of law !
February 28, 2009 ·
By Wong Choon Mei
Civil society groups have called for transparency and rule of law to prevail in Perak, as lawmakers there gear up for what could be a key turning point in the political deadlock that has crippled the state for nearly a month now.
In particular, Transparency International has warned of the hardening and harmful perception amongst Malaysians that the Umno-Barisan Nasional was using the federal apparatus unfairly to hang onto power both in the state and in rest of the nation.
“This episode has washed up a lot of dirt and the debris that we are seeing is the result of democratic processes not being allowed to find expression at the ballot box and elsewhere,” said Ramon Navaratnam, president of Transparency International Malaysia.
“Increasingly, it has become apparent that the federal apparatus is being abused to further the position of the politicians of the day. But this is a very dangerous precedent and bears a very heavy cost - not least to the image of country at the international level but also at home.
“To the extent that the rakyat perceive that their rights to freedom of expression and democratic practices have been dented, that will be the extent to which they will find recourse in the law courts - and if even that institution fails - to the streets in the form of protests and demonstrations.”
More cheating to follow
Perak legislative Speaker V Sivakumar has called for an emergency sitting of the state assembly on Tuesday to file a motion of confidence in Pakatan Rakyat leader Nizar Jamaluddin as Menteri Besar and also to dissolve the state assembly.
The move is aimed at paving the way for fresh state-wide polls, which would return the mandate to the Perak people to vote in the government and leadership of their choice.
But given the intense rivalry from Umno-BN, the plan may be sabotaged by the far-reaching arm of Deputy Premier Najib Abdul Razak - who is also incoming Umno president.
Dogged by a string losses at recent by-elections, Najib will fight hard to escape the embarrassment of a probable large-scale defeat as he ascends to power next month. Already, the Perak legal adviser has tried to block Sivakumar from sending out notices of the Mar 3 sitting to all eligible assemblymen.
“It behoves all parties to follow the advice of Raja Nazrin Shah to follow the rule of law,” said Ramon. “The situation in Perak has reached a stage where all parties - even the Palace - must display the utmost transparency and neutrality in their actions.
“Just pronouncing precepts is not enough, there must be follow-through and one must practice what one preaches. Only then can one regain the respect and confidence of the rakyat.”Crunch time - are we a democracy or what?
Raja Nazrin, the regent of Perak, a day ago called for regard for the law and respect for lawful institutions.
“A lawless system breeds a lawless culture, which in turn suggests lawless governance and lawless government,” he said at a conference for youths.
Perak is in a state of crisis - both politically and constitutionally. The stalemate will start to seriously harm its economy if steps are not taken to resolve the situation brought about by the Sultan’s decision to transfer power from the Pakatan to an unpopular line-up backed by Najib.
The Feb 5 decision was lambasted by the Pakatan, which has taken their battle to the courts and launched a barrage of legal action against Najib’s line-up. It was also condemned by nearly all civil society groups in the country including the Human Rights Commission (Suhakam), Transparency International, the Bar Council and scores of others.
But most importantly, Sultan Azlan Shah’s decision was against the wishes of his own subjects - the Perak people. And till today, they have not accepted BN Menteri Besar Zambry Kadir as their new leader.
74 percent of Perakians said in a recent Merdeka Centre survey that they wanted fresh polls rather than the Sultan’s choice - no matter how wise - forced upon them. 62 percent of them felt that their democratic rights had been trampled on by their Ruler.
“It has come to boil - and the question that must be answered now is - are we a democracy?,” said Ramon.
“If we are, then the rights and wishes of the people must be respected above all else. This is what a democracy is about - if they are not, then we are not a democracy. Full stop, it is as basic as that.” SK
http://ckcounterpunch.wordpress.com/2009/02/28/showdown-perak-follow-the-rule-of-law/
Saturday, February 28, 2009
Saturday, February 21, 2009
Saturday, February 14, 2009
In case you weren’t sure… hear it from the people of Perak
IPOH, FEB 12 — If the Barisan Nasional and the Perak royal household had any lingering doubts about negative public sentiment towards the change of the state government, here is a message: doubt no more.
A survey of registered voters in Perak on Feb 8 showed that:
• 74 per cent of the respondents feel that the state assembly should have been dissolved after the defection of the three Pakatan Rakyat lawmakers
• 76 per cent of the respondents felt that the “people, through elections, should decide on who forms the government”
• 62 per cent of the respondents felt that the “role of the palace in this decision” means it does not recognise the will of the people
• 66 per cent of the respondents do not accept state governments formed through the defection of state assemblymen
• 59 per cent of the respondents feel that the political crisis in Perak would decrease support for Barisan Nasional.
Taken together, the poll by the Merdeka Centre suggests that Datuk Dr Zambry Abdul Kadir and the BN may occupy the seat of government but a significant number of Perakians may not accept their legitimacy to hold power.
The political crisis unfolded in Perak when three Pakatan Rakyat legislators became independents and said that they would back the BN.
This wiped away the three-seat majority which enabled Pakatan Rakyat to rule the state since March last year.
After interviewing the three and the 28 BN representatives, Sultan Azlan Shah decided that BN had the majority in the state assembly. This was a controversial decision given that Datuk Seri Nizar Jamaluddin and Pakatan Rakyat felt that the correct decision should have been for the Ruler to allow for the state assembly to be dissolved for fresh elections.
There is a roiling debate even among lawyers on the Sultan’s decision, with the majority saying that he should have either agreed to the dissolution of the House or held off making any decision until a vote of no confidence against Nizar was taken in the assembly.
The survey findings indicate that many Perak voters also feel that the Ruler may have erred.
Some 507 registered voters were interviewed by telephone and the sampling was done randomly. The margin of error was about 4.5 per cent.
- Malaysian Insider
A survey of registered voters in Perak on Feb 8 showed that:
• 74 per cent of the respondents feel that the state assembly should have been dissolved after the defection of the three Pakatan Rakyat lawmakers
• 76 per cent of the respondents felt that the “people, through elections, should decide on who forms the government”
• 62 per cent of the respondents felt that the “role of the palace in this decision” means it does not recognise the will of the people
• 66 per cent of the respondents do not accept state governments formed through the defection of state assemblymen
• 59 per cent of the respondents feel that the political crisis in Perak would decrease support for Barisan Nasional.
Taken together, the poll by the Merdeka Centre suggests that Datuk Dr Zambry Abdul Kadir and the BN may occupy the seat of government but a significant number of Perakians may not accept their legitimacy to hold power.
The political crisis unfolded in Perak when three Pakatan Rakyat legislators became independents and said that they would back the BN.
This wiped away the three-seat majority which enabled Pakatan Rakyat to rule the state since March last year.
After interviewing the three and the 28 BN representatives, Sultan Azlan Shah decided that BN had the majority in the state assembly. This was a controversial decision given that Datuk Seri Nizar Jamaluddin and Pakatan Rakyat felt that the correct decision should have been for the Ruler to allow for the state assembly to be dissolved for fresh elections.
There is a roiling debate even among lawyers on the Sultan’s decision, with the majority saying that he should have either agreed to the dissolution of the House or held off making any decision until a vote of no confidence against Nizar was taken in the assembly.
The survey findings indicate that many Perak voters also feel that the Ruler may have erred.
Some 507 registered voters were interviewed by telephone and the sampling was done randomly. The margin of error was about 4.5 per cent.
- Malaysian Insider
Friday, February 13, 2009
Lulu Wonders If Samy Vellu Is Hopeful
Friday, February 13, 2009
Lulu Wonders If Samy Vellu Is Hopeful
afterall, Perak has appointed 2 losers as "advisors"
N57 - SUNGKAI
Turnout : 11677 (67.5%) Spoilt: 485
Voters: 17290
Sivanesan Achalingam (OPP - DAP)
6323
Maj: 1454
loser made advisor - S. Veerasingam (BN - MIC)
4869
P68 - BERUAS
Turnout : 30723 (71.0%) Spoilt: 889
Voters: 43273
loser made advisor - Chang Ko Youn (BN - GERAKAN)
14003
Ngeh Koo Ham (OPP - DAP)
15831
Maj: 1828
and Sharizat at Federal level
P121 - LEMBAH PANTAI
Turnout : 41289 (72.9%) Spoilt: 239
Voters: 56650
Periasamy Nagaratnam (IND - IND)
489
Nurul Izzah Anwar (OPP - PKR)
21728
Maj: 2895
loser - Shahrizhat @ Shahrizat Abdul Jalil (BN - UMNO)
18833
and you know-la, Sharizat's package is so generous - RM33,727.20 a month or RM404,726.40, including allowances, annuallywho knows... maybe Samy Vellu is drooling away at the thought that he may have hope as the BN does offer jobs to their partners.mebbe Lulu's exMP hoping the hopping rumours in Selangor are true, then she has hope to be in Selangor exco?hmmm....
Posted by What A Lulu at 11:13 AM
http://whatalulu.blogspot.com/2009/02/lulu-wonders-if-samy-vellu-is-hopeful.html
Lulu Wonders If Samy Vellu Is Hopeful
afterall, Perak has appointed 2 losers as "advisors"
N57 - SUNGKAI
Turnout : 11677 (67.5%) Spoilt: 485
Voters: 17290
Sivanesan Achalingam (OPP - DAP)
6323
Maj: 1454
loser made advisor - S. Veerasingam (BN - MIC)
4869
P68 - BERUAS
Turnout : 30723 (71.0%) Spoilt: 889
Voters: 43273
loser made advisor - Chang Ko Youn (BN - GERAKAN)
14003
Ngeh Koo Ham (OPP - DAP)
15831
Maj: 1828
and Sharizat at Federal level
P121 - LEMBAH PANTAI
Turnout : 41289 (72.9%) Spoilt: 239
Voters: 56650
Periasamy Nagaratnam (IND - IND)
489
Nurul Izzah Anwar (OPP - PKR)
21728
Maj: 2895
loser - Shahrizhat @ Shahrizat Abdul Jalil (BN - UMNO)
18833
and you know-la, Sharizat's package is so generous - RM33,727.20 a month or RM404,726.40, including allowances, annuallywho knows... maybe Samy Vellu is drooling away at the thought that he may have hope as the BN does offer jobs to their partners.mebbe Lulu's exMP hoping the hopping rumours in Selangor are true, then she has hope to be in Selangor exco?hmmm....
Posted by What A Lulu at 11:13 AM
http://whatalulu.blogspot.com/2009/02/lulu-wonders-if-samy-vellu-is-hopeful.html
Umno Beyond Reform, Says Ku Li
(MySinchew) - The troubled Umno leadership has come under flak again from none other than Tengku Razaleigh Hamzah, one of its veteran leaders. "Under its present leadership, is probably beyond reform," the Gua Musang MP wrote in his blog www.Razaleigh.com Friday (13 Feb).
"Our leaders are the problem, and they have structured the party, bullied and bought it, so that they cannot be replaced by those who would lead to serve," he said.
"Contrast the breadth of vision we had fifty years ago, and our method of naming and solving our problems then, even in the face of serious threats to our security, with how we conduct ourselves now, having surrounded ourselves with self-made threats while real challenges such as education and the economy go begging," he pointed out.
Ku Li, as he is popularly known, took a swipe at Deputy Prime Minister Najib Razak, the party's number two man by saying,"
Umno's most recent achievement has been to wrest power by underhanded means from a democratically-elected state government. In doing so we came across as the party of the desperate, not the confident.
Najib takes credit for masterminding defections from the Pakatan Rakyat in Perak which led to a hung state assembly. In a highly controversial move, he went straight to the Istana and asked Sultan Azlan Shah to handover the government to Barisan by appointing a new Mentri Besar. The move is now being challenged in court.
"Contrast the broad field we ranged over, with the narrow stage we now strut before a shrinking audience," he said.
However, on a more optimistic note he said," But no other party can do what Umno once did, and must do again.""Umno is a party with great deeds to its name."
"Our leaders are the problem, and they have structured the party, bullied and bought it, so that they cannot be replaced by those who would lead to serve," he said.
"Contrast the breadth of vision we had fifty years ago, and our method of naming and solving our problems then, even in the face of serious threats to our security, with how we conduct ourselves now, having surrounded ourselves with self-made threats while real challenges such as education and the economy go begging," he pointed out.
Ku Li, as he is popularly known, took a swipe at Deputy Prime Minister Najib Razak, the party's number two man by saying,"
Umno's most recent achievement has been to wrest power by underhanded means from a democratically-elected state government. In doing so we came across as the party of the desperate, not the confident.
Najib takes credit for masterminding defections from the Pakatan Rakyat in Perak which led to a hung state assembly. In a highly controversial move, he went straight to the Istana and asked Sultan Azlan Shah to handover the government to Barisan by appointing a new Mentri Besar. The move is now being challenged in court.
"Contrast the broad field we ranged over, with the narrow stage we now strut before a shrinking audience," he said.
However, on a more optimistic note he said," But no other party can do what Umno once did, and must do again.""Umno is a party with great deeds to its name."
Monday, February 9, 2009
Bad time to face voters after its takeover of Perak stokes anger
Bad time to face voters after its takeover of Perak stokes anger
By Carolyn Hong, Malaysia Bureau Chief (Straits Times)
KUALA LUMPUR: - It could not have come at a worse time for Barisan Nasional (BN). Two unexpected by-elections loom after an opposition MP in Perak died yesterday and an opposition assemblyman in Kedah quit his seat.
Mr Roslan Shaharum, 50, of Parti Islam SeMalaysia, who won the Bukit Gantang parliamentary seat in Perak in the general election last March, died of a heart attack.
Across the border in Kedah, Bukit Selambau assemblyman V.Arumugam, 57, of Parti Keadilan Rakyat (PKR), resigned his seat over claims that he had been under intense pressure to defect to BN.
Both events will trigger a by-election that must be held within 60 days. This is seen as the worst possible time for the BN to face voters, after its takeover of Perak last week stirred up anger.
Mr Roslan had gone cycling and was later found dead on the road near his home in Batu Gajah, Perak. He is believed to have died of a heart attack.
At the March election, Mr Roslan won with a 1,566-vote majority, defeating Mr Azim Zabidi, who is Umno's treasurer, and an independent candidate. The voter breakdown is 63.5per cent Malay, 27.1per cent Chinese, and 9.1per cent Indian.
The Kedah state seat was won by Mr Arumugam, who ran as an independent in March. He later joined PKR. He won with a 2,362-vote majority over a Malaysian Indian Congress candidate. The voter breakdown there is 50.2per cent Malay, 19.3per cent Chinese, and 29.5per cent Indian.
Kedah chief minister Azizan Abdul Razak yesterday said Mr Arumugam had quit.
Early this month, Mr Arumugam lodged a police report saying there had been a bid to kidnap him to force him to defect. He also said he had been offered RM4million (S$1.7million). He is now also battling accusations of adultery.
Separately, five Indian opposition assemblymen in Perak said BN was wooing them by offering up to RM60million, Sin Chew Daily reported.
There is no doubt the by-elections will be seen as a referendum on the BN takeover. The money is on an opposition win for both seats, with bigger majorities.
Perak is in turmoil after BN wrested the state from the Pakatan Rakyat (PR) government via four defections last Thursday. The ground sentiment has been strongly in favour of the PR following Sultan Azlan Shah's refusal to call a snap poll, and his decision instead to install a new BN government last Friday.
'It will be a difficult by-election for Umno to go into in the midst of high emotion and anger running in Perak,' political analyst Khoo Kay Peng wrote in his blog.
Deputy Premier Najib Razak will be anxious to win back the two seats, to take them as prizes to the Umno general assembly on March24 where he will take over the party presidency from Prime Minister Abdullah Badawi. The Umno president, as leader of the biggest component party in BN, also becomes prime minister.
The outcome of the Bukit Gantang by-election will not alter the power balance in Parliament, where BN holds 137 seats to PR's 82, with three independents, and neither will the outcome of the Bukit Selambau poll. In Kedah, PR holds 22 seats to BN's 14.
Umno has lost two by-elections since March. It lost the Kuala Terengganu by-election last month. This was preceded by a loss in Permatang Pauh, which brought opposition leader Anwar Ibrahim back to Parliament.
By Carolyn Hong, Malaysia Bureau Chief (Straits Times)
KUALA LUMPUR: - It could not have come at a worse time for Barisan Nasional (BN). Two unexpected by-elections loom after an opposition MP in Perak died yesterday and an opposition assemblyman in Kedah quit his seat.
Mr Roslan Shaharum, 50, of Parti Islam SeMalaysia, who won the Bukit Gantang parliamentary seat in Perak in the general election last March, died of a heart attack.
Across the border in Kedah, Bukit Selambau assemblyman V.Arumugam, 57, of Parti Keadilan Rakyat (PKR), resigned his seat over claims that he had been under intense pressure to defect to BN.
Both events will trigger a by-election that must be held within 60 days. This is seen as the worst possible time for the BN to face voters, after its takeover of Perak last week stirred up anger.
Mr Roslan had gone cycling and was later found dead on the road near his home in Batu Gajah, Perak. He is believed to have died of a heart attack.
At the March election, Mr Roslan won with a 1,566-vote majority, defeating Mr Azim Zabidi, who is Umno's treasurer, and an independent candidate. The voter breakdown is 63.5per cent Malay, 27.1per cent Chinese, and 9.1per cent Indian.
The Kedah state seat was won by Mr Arumugam, who ran as an independent in March. He later joined PKR. He won with a 2,362-vote majority over a Malaysian Indian Congress candidate. The voter breakdown there is 50.2per cent Malay, 19.3per cent Chinese, and 29.5per cent Indian.
Kedah chief minister Azizan Abdul Razak yesterday said Mr Arumugam had quit.
Early this month, Mr Arumugam lodged a police report saying there had been a bid to kidnap him to force him to defect. He also said he had been offered RM4million (S$1.7million). He is now also battling accusations of adultery.
Separately, five Indian opposition assemblymen in Perak said BN was wooing them by offering up to RM60million, Sin Chew Daily reported.
There is no doubt the by-elections will be seen as a referendum on the BN takeover. The money is on an opposition win for both seats, with bigger majorities.
Perak is in turmoil after BN wrested the state from the Pakatan Rakyat (PR) government via four defections last Thursday. The ground sentiment has been strongly in favour of the PR following Sultan Azlan Shah's refusal to call a snap poll, and his decision instead to install a new BN government last Friday.
'It will be a difficult by-election for Umno to go into in the midst of high emotion and anger running in Perak,' political analyst Khoo Kay Peng wrote in his blog.
Deputy Premier Najib Razak will be anxious to win back the two seats, to take them as prizes to the Umno general assembly on March24 where he will take over the party presidency from Prime Minister Abdullah Badawi. The Umno president, as leader of the biggest component party in BN, also becomes prime minister.
The outcome of the Bukit Gantang by-election will not alter the power balance in Parliament, where BN holds 137 seats to PR's 82, with three independents, and neither will the outcome of the Bukit Selambau poll. In Kedah, PR holds 22 seats to BN's 14.
Umno has lost two by-elections since March. It lost the Kuala Terengganu by-election last month. This was preceded by a loss in Permatang Pauh, which brought opposition leader Anwar Ibrahim back to Parliament.
Sunday, February 8, 2009
Kedah exco now claims victim of kidnap plot
Kedah exco now claims victim of kidnap plot
Tuesday, 03 February 2009 00:42
(The Malaysian Insider) — Kedah state executive councillor V Arumugam today claimed he has been a victim of a kidnap plot and other threats since he was elected in the general elections, saying he believed these are attempts to get him to defect from Parti Kedilan Rakyat to the Barisan Nasional.
The Bukit Selambau assemblyman said he has lodged a police report about the threats to him and his current and previous aides.
“Individuals have been sent to to persuade me to leave PKR with several lucrative offers. And the latest visit was a few days ago,” Arumugam said in a press statement released here today.
He claimed that he was the target of a kidnap attempt last Oct 17 but did not give details. He said the incidents began after the elections with several phone calls last March 31 that threatened his family’s safety and a threat tied to a brick that broke the windscreen of his official Proton Perdana with the number plate BKL 4000 on Dec 17.
“The events that befell my two fellow PKR exco in Perak has made me come forward to disclose this,” Arumugam said, alluding to Perak state executive councillors Jamaluddin Radzi and Osman Jailu who had been missing for five days.
Arumugam also said he was worried for his and his family’s safety if he kept the threats a secret and urged the police to investigate all his police reports and take immediate action to secure his family’s safety.
“This will allow me to serve effectively and efficiently as a state executive councillor and an assemblyman,” he said.
Arumugam, who garnered 13,225 votes against MIC candidate S. Krishnan’s 10,863 votes, ran as an independent and joined the Pakatan Rakyat state government on condition of being appointed a state executive councillor.
Tuesday, 03 February 2009 00:42
(The Malaysian Insider) — Kedah state executive councillor V Arumugam today claimed he has been a victim of a kidnap plot and other threats since he was elected in the general elections, saying he believed these are attempts to get him to defect from Parti Kedilan Rakyat to the Barisan Nasional.
The Bukit Selambau assemblyman said he has lodged a police report about the threats to him and his current and previous aides.
“Individuals have been sent to to persuade me to leave PKR with several lucrative offers. And the latest visit was a few days ago,” Arumugam said in a press statement released here today.
He claimed that he was the target of a kidnap attempt last Oct 17 but did not give details. He said the incidents began after the elections with several phone calls last March 31 that threatened his family’s safety and a threat tied to a brick that broke the windscreen of his official Proton Perdana with the number plate BKL 4000 on Dec 17.
“The events that befell my two fellow PKR exco in Perak has made me come forward to disclose this,” Arumugam said, alluding to Perak state executive councillors Jamaluddin Radzi and Osman Jailu who had been missing for five days.
Arumugam also said he was worried for his and his family’s safety if he kept the threats a secret and urged the police to investigate all his police reports and take immediate action to secure his family’s safety.
“This will allow me to serve effectively and efficiently as a state executive councillor and an assemblyman,” he said.
Arumugam, who garnered 13,225 votes against MIC candidate S. Krishnan’s 10,863 votes, ran as an independent and joined the Pakatan Rakyat state government on condition of being appointed a state executive councillor.
Zambry offers cash, but Nizar’s walk wins the hearts
By Neville Spykerman (The Malaysian Insider)
IPOH, Feb 8 – Smiling and waving to onlookers, Datuk Seri Nizar Jamaluddin, his eyes red and looking tired, would have been encouraged by the warm reception he got as he walked today from the old Tokyo Hotel off Anderson Road here to the nearby Kallumalai Sri Subramaniam temple opposite the city’s YMCA building.
Devotees on their way to attend Thaipusam festivities and members of the public cheered and called out to the man who still considers himself the legitimate mentri besar of Perak.
Datuk Seri Nizar handed out free drinks to the public from a Pakatan Rakyat (PR) stall at the entrance of the temple. He paused frequently to pose for pictures with members of the public.
Flanked by Sungkai assemblyman, A. Sivanesan, and Ipoh Barat Member of Parliament, M. Kulasegaran, Nizar wished the crowd a Happy Thaipusam and urged the public to be calm.
“Please do not overact or do anything which can harm society,” he said in what was an obvious reference to the widespread public dissatisfaction over the manner in which Barisan Nasional (BN) has now taken over the state.
On Friday, while Sultan Azlan Shah swore in BN’s Datuk Zambry Abdul Kadir as the new mentri besar, violence broke out outside the palace in Kuala Kangsar when police fired tear gas and forcibly put down a demonstration by more than 5,000 mainly-Malay protestors.
Nizar contends he remains the Perak MB as he has not resigned, and the issue is set to end up in the courts.
In the battle for hearts and minds – at least here in Ipoh, the capital city – the sympathy is clearly with Nizar.
Tonight, Nizar will receive some encouragement from national PR leaders. Opposition Leader Anwar Ibrahim, Pas president Hadi Awang and DAP stalwart Lim Kit Siang is scheduled to address a public gathering at the MB’s residence.
Zambry continues to fight an uphill battle to win over the public. The BN camp knows that the only way they can overcome the negative perception of the new government is by performing well and working hard.
So far, Zambry has been promising money wherever he goes and sticking to a scripted line which bears similarities to Datuk Seri Abdullah Badawi oft-quoted “I am the prime minister for all Malaysians.”
This morning, Zambry also went to the same temple as Nizar, in an attempt to pull the rug from under Nizar, and became, according to locals, the first MB from Barisan to ever step foot in the temple.
He announced an immediate allocation of RM100,000 for the Thaipusam celebrations.
Zambry arrived at the temple at 8.30am, accompanied by Deputy Minister in the Prime Minister Department, T.Murugiah, and temple officials.
After being garlanded, Zambry made it a point to stop at stalls which lined the road leading to the entrance of the temple, before finally addressing a small crowd from a small stage.
Besides announcing the allocation, Zambry who greeted the crowd in Tamil, reiterated that he was MB for everyone, a message he has been repeating at all official functions.
“I want to tell all Indians, here, that I am the MB of all races and I am here for you.”
A day before, Zambry attended a Chinese New Year party organised by BN and said the same thing.
But his message yesterday at a Chinese school was partly drowned out by hundreds of protesters outside the compound.
At the MCA-organised party, he also pledged cash for a Chinese musical orchestra from one of the richest government Chinese schools in the city.
So far, Nizar continues to run his “seat of government” from the official mentri besar’s residence which he has refused to vacate.
In an attempt to change public perception, Umno plans to organise a mammoth rally tomorrow to show support for the Sultan.
Umno media has so far portrayed Nizar and PR leaders as disloyal for challenging Sultan Azlan Shah’s decision.
On Tuesday, both Nizar and Zambry plan to report for work at the MB’s office.
Local activists in Ipoh are calling on the public to wear black on Tuesday to mourn what they say is “the death of democracy”.
IPOH, Feb 8 – Smiling and waving to onlookers, Datuk Seri Nizar Jamaluddin, his eyes red and looking tired, would have been encouraged by the warm reception he got as he walked today from the old Tokyo Hotel off Anderson Road here to the nearby Kallumalai Sri Subramaniam temple opposite the city’s YMCA building.
Devotees on their way to attend Thaipusam festivities and members of the public cheered and called out to the man who still considers himself the legitimate mentri besar of Perak.
Datuk Seri Nizar handed out free drinks to the public from a Pakatan Rakyat (PR) stall at the entrance of the temple. He paused frequently to pose for pictures with members of the public.
Flanked by Sungkai assemblyman, A. Sivanesan, and Ipoh Barat Member of Parliament, M. Kulasegaran, Nizar wished the crowd a Happy Thaipusam and urged the public to be calm.
“Please do not overact or do anything which can harm society,” he said in what was an obvious reference to the widespread public dissatisfaction over the manner in which Barisan Nasional (BN) has now taken over the state.
On Friday, while Sultan Azlan Shah swore in BN’s Datuk Zambry Abdul Kadir as the new mentri besar, violence broke out outside the palace in Kuala Kangsar when police fired tear gas and forcibly put down a demonstration by more than 5,000 mainly-Malay protestors.
Nizar contends he remains the Perak MB as he has not resigned, and the issue is set to end up in the courts.
In the battle for hearts and minds – at least here in Ipoh, the capital city – the sympathy is clearly with Nizar.
Tonight, Nizar will receive some encouragement from national PR leaders. Opposition Leader Anwar Ibrahim, Pas president Hadi Awang and DAP stalwart Lim Kit Siang is scheduled to address a public gathering at the MB’s residence.
Zambry continues to fight an uphill battle to win over the public. The BN camp knows that the only way they can overcome the negative perception of the new government is by performing well and working hard.
So far, Zambry has been promising money wherever he goes and sticking to a scripted line which bears similarities to Datuk Seri Abdullah Badawi oft-quoted “I am the prime minister for all Malaysians.”
This morning, Zambry also went to the same temple as Nizar, in an attempt to pull the rug from under Nizar, and became, according to locals, the first MB from Barisan to ever step foot in the temple.
He announced an immediate allocation of RM100,000 for the Thaipusam celebrations.
Zambry arrived at the temple at 8.30am, accompanied by Deputy Minister in the Prime Minister Department, T.Murugiah, and temple officials.
After being garlanded, Zambry made it a point to stop at stalls which lined the road leading to the entrance of the temple, before finally addressing a small crowd from a small stage.
Besides announcing the allocation, Zambry who greeted the crowd in Tamil, reiterated that he was MB for everyone, a message he has been repeating at all official functions.
“I want to tell all Indians, here, that I am the MB of all races and I am here for you.”
A day before, Zambry attended a Chinese New Year party organised by BN and said the same thing.
But his message yesterday at a Chinese school was partly drowned out by hundreds of protesters outside the compound.
At the MCA-organised party, he also pledged cash for a Chinese musical orchestra from one of the richest government Chinese schools in the city.
So far, Nizar continues to run his “seat of government” from the official mentri besar’s residence which he has refused to vacate.
In an attempt to change public perception, Umno plans to organise a mammoth rally tomorrow to show support for the Sultan.
Umno media has so far portrayed Nizar and PR leaders as disloyal for challenging Sultan Azlan Shah’s decision.
On Tuesday, both Nizar and Zambry plan to report for work at the MB’s office.
Local activists in Ipoh are calling on the public to wear black on Tuesday to mourn what they say is “the death of democracy”.
Quit now, crowd tells Hee
Quit now, crowd tells Hee (updated)
By CHAN LI LEEN
By CHAN LI LEEN
IPOH: Hundreds of people have turned up at the Jelapang market here Sunday to sign a petition demanding their assemblyman Hee Yit Foong quit her seat.
Within 90 minutes of the campaign starting at 9.30am Sunday, about 720 signatures were collected.
Perak DAP organising secretary Thomas Su Keong Siong said the petition would be handed over to the DAP-turned-independent assemblyman after this.
“If she does not want to accept the petition then we will hand it over to her parents at their home in Kanthan, Chemor,” he said.
Earlier when addressing the crowd, Su said the campaign was to force Hee to resign to pave way for a by-election.
“She has said that not everyone was against her, only those with ‘interests.’ If that is so, come back and face the people,” he added.
Sabri Abdul Rahman, 52, said he felt cheated by Hee, whom he had given his trust and vote to.
“We had voted for her and this is how she repays the people,” he said.
“I want her to quit. I want the Pakatan Rakyat state government back,” he added.
Hitting out at Hee, M. Vigneswary, 26, said, “We do not accept Barisan Nasional as the government; our Mentri Besar is Datuk Seri Mohammad Nizar Jamaluddin.”
Also present amongst the crowd were some who claimed to be childhood friends of Hee from her hometown in Kanthan.
One of them, Wong Fook, 56, said they had treated Hee like a sister and even sacrificed their own time and money to campaign for her during the 2004 general election.
“She has no loyalty. She has betrayed everyone by bringing down a whole government ... and a good one for that matter,” he said.
Hee, previously from DAP, announced she was quitting the party earlier this week. She said she would remain an independent assemblyman, but pledged her loyalty to Barisan.
Her resignation, along with those of former PKR assemblymen Mohd Osman Mohd Jailu (Changkat Jering) and Jamaluddin Mohd Radzi (Behrang) led to Barisan declaring it had the majority in the state of Perak.
Both Barisan and Pakatan Rakyat have 28 state seats, but Sultan Azlan Shah did not give his consent to Pakatan’s request to dissolve the state assembly and call for fresh elections.
Barisan’s Datuk Dr Zambry Abd Kadir was sworn in as Mentri Besar on Friday, but Pakatan and its Datuk Seri Mohammad Nizar Jamaluddin -- who maintains he is still Mentri Besar-- said they would file a suit on Tuesday against Zambry at the High Court to declare his swearing-in as unconstitutional and illegal.
Saturday, February 7, 2009
Dato' Stephen Kalong Ningkan's case re-emerges in Perak
Sunday, February 08, 2009
Dato' Stephen Kalong Ningkan's case re-emerges in Perak
I have been away for more than two weeks and practically for the last five days I was out of reached. When I came back yesterday I found that the state of Perak was and still is in turmoil.
The irony is, there was a striking similarity with the case of Dato' Stephen Kalong Ningkan, which has never been overruled, which I have re-produced below in verbatim from the law report.
Another irony is that, in Ningkan's case, Tun Abdul Razak was behind the scene. This time in Perak, his son, Najib Abdul Razak is behind the scene. The name of Chief Minister Minister of Sarawak, who was the victim of wrongful dismissal began with letter "N" (Ningkan)and the name of the Chief Minister of Perak, who is the victim of the current wrongful dismissal also begins with letter "N" (Nizar).
It is pretty obvious His Royal Highness, the Sultan of Perak, both under Perak's constitution or by tradition of constitutional convention, HAS NO POWER to remove the Chief Minister/Menteri Besar of Perak. HRH can only appoint but not remove.
Under Article 16(6) of the Constitution of the State of Perak HRH only possess the power to remove any member of the Executive Council BUT NOT THE MENTERI BESAR.
On matters of appointment of Menteri Besar the Constitution of the State of Perak was crafted in similar language. There was no provision for the dismissal of the Chief Minister by the Ruler (the Sultan). The Chief Minister can only be removed by a vote of no-confidence taken in the Dewan Undangan Negeri (DUN). If he is defeated in the DUN through the motion of vote of no confidence, the Menteri Besar must tender his resignation and the rest of his Executive Councillors en bloc or dissolves the DUN and calls for a fresh election. But if the ruler refuses to give consent to dissolve the DUN, the Chief has no choice but to tender his resigntion.
By way of constitutional convention the Ruler should not withhold his consent to dissolve the DUN. But if he does, he is also not wrong in law or acting unconstitutionally. He is only defying the constitutional convention, which in essence will subject himself to legitimate criticism and controversy. Such criticism will definitely cause HRH to suffer disrepute.
Therefore, in my opinion, as someone who is quite well-versed on constitutional law, HRH the Sultan of Perak has acted unconstitutionally. HRH being a constitutional monarch does not possess unfettered freedom in the exercise of his constitutional duty. One of that is the removal of the Chief Minister. Dismissal of Menteri Besar Mohamad Nizar by HRH Sultan Azlan Shah was therefore unconstitutional, ulra vires the Constitution and therefore null and void and of no effect. Mohamad Nizar Jmaluddin is therefore still the rightful Chief Minister unless and until he is defeated in a vote of no-confidence in the State Legislative Assembly (DUN). The purported appointment of Zambry Abdul Kadir as the new Menteri Besar was therefore wrongful and unconstitutional, null and void and of no effect as the State of Perak cannot have two Chief Ministers simultaneously.
The fact Barisan Nasional believes that it has the majoirty in the DUN does not give it an automatic right to form the government. Once there is already a Menteri Besar, it is not for the Sultan to determine which member of the DUN commands the confidence of the majority of the DUN, but for the DUN members themselves to express the same through a motion of condifence/no-confidence in the DUN. If HRH refuses to dissolve the DUN then he must convene the DUN to sit and vote of no-confidence be taken after a proper motion has been table. As for now there is no doubt Mohamad Nizar is the rightful Chief Minister.
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http://selangaump2008.blogspot.com/2009/02/dato-stephen-kalong-ningkan-re-emerges.html
STAR MCA
The star paper twist-&-turned the original statement issued by Bar Council
February 7, 2009 ·
I was shocked to see your headline for the story at page N10 that read “Bar: Don’t Challenge Sultan’s Decision”.
I had never spoken those words as you can see from the body of the story and it gives a totally wrong impression.
I would like you to immediately publish a clarification both on your website as well as in tomorrow’s edition of The Star in these terms:-
“It had been reported on 6 February 2009 at page 10 as follows: “Bar: Don’t Challenge Sultan’s Decision”.
It has been brought to our attention that these words were never uttered by Dato’ Ambiga Sreenevasan, the President of the Malaysian Bar and the headline gives a completely wrong impression of what was in fact said. We regret the error.
We have received a further clarification from the President of the Malaysian Bar as follows:-
“I write to further clarify my statement that the prerogative of the Sultan cannot be challenged in Court. I had explained that in the view of some lawyers, this is a non-justiciable issue. Thus, although our view and the view of many is that the State Assembly ought to have in these circumstances been dissolved, but because the prerogative lies entirely with the Ruler who exercised it after going through a process of ascertaining the wishes of the majority, challenging it would be difficult. However in the Pairin case in Sabah such a discretion of a Governor (not a Ruler) was held to be justiciable.
I stated that we are presently in unchartered territory. Different legal interpretations are always possible. The Bar would never take the position that one should not exercise the fundamental right to seek legal redress on any issue.”
Thank you.
Yours faithfully
Dato’ Ambiga Sreenevasan
PresidentMalaysian Bar
February 7, 2009 ·
I was shocked to see your headline for the story at page N10 that read “Bar: Don’t Challenge Sultan’s Decision”.
I had never spoken those words as you can see from the body of the story and it gives a totally wrong impression.
I would like you to immediately publish a clarification both on your website as well as in tomorrow’s edition of The Star in these terms:-
“It had been reported on 6 February 2009 at page 10 as follows: “Bar: Don’t Challenge Sultan’s Decision”.
It has been brought to our attention that these words were never uttered by Dato’ Ambiga Sreenevasan, the President of the Malaysian Bar and the headline gives a completely wrong impression of what was in fact said. We regret the error.
We have received a further clarification from the President of the Malaysian Bar as follows:-
“I write to further clarify my statement that the prerogative of the Sultan cannot be challenged in Court. I had explained that in the view of some lawyers, this is a non-justiciable issue. Thus, although our view and the view of many is that the State Assembly ought to have in these circumstances been dissolved, but because the prerogative lies entirely with the Ruler who exercised it after going through a process of ascertaining the wishes of the majority, challenging it would be difficult. However in the Pairin case in Sabah such a discretion of a Governor (not a Ruler) was held to be justiciable.
I stated that we are presently in unchartered territory. Different legal interpretations are always possible. The Bar would never take the position that one should not exercise the fundamental right to seek legal redress on any issue.”
Thank you.
Yours faithfully
Dato’ Ambiga Sreenevasan
PresidentMalaysian Bar
Perak Constitution
WAJIB KEMBALI KEPADA PERLEMBAGAAN NEGERI PERAK
TERJEMAHAN TT YANG TIDAK TERLATIH DALAM ILMU UNDANG-UNDANG
TERJEMAHAN TT YANG TIDAK TERLATIH DALAM ILMU UNDANG-UNDANG
PASAL 16(6):
JIKA MENTERI BESAR TIDAK LAGI MENDAPAT KEPERCAYAAN MAJORITI DARI AHLI-AHLI MAJLIS PERUNDANGAN,
KEMUDIAN,
MELAINKAN ATAS PERMINTAAN BELIAU KEPADA YAM SULTAN UNTUK MEMANSUHKAN DEWAN PERUNDANGAN, BELIAU AKAN MELETAKKAN JAWATAN SEBAGAI ESKO MAJLIS
Perak, PR, BN and Gamuda - It’s all about Business, Stupid
Friday, February 06, 2009
Perak, PR, BN and Gamuda - It’s all about Business, Stupid
Dubai is probably the best yardstick to measure the economy of the Gulf region; at least Dubai was the most prosperous city within the region. People might not know where Oman is but they can’t miss Dubai. For years people have been flocking to this city hunting for their first pot of gold. As with the normal cycle property market was booming with tons of first-time speculators snapping up properties as if they were buying tiramisu cakes. Money was stretched to the limit in order to buy maximum number of properties possible. These properties would then be rented out without much problem, thanks to the booming economy, and thus generating positive cash-flow. It was a no-brainer method to generate wealth until now.
Perak, PR, BN and Gamuda - It’s all about Business, Stupid
Dubai is probably the best yardstick to measure the economy of the Gulf region; at least Dubai was the most prosperous city within the region. People might not know where Oman is but they can’t miss Dubai. For years people have been flocking to this city hunting for their first pot of gold. As with the normal cycle property market was booming with tons of first-time speculators snapping up properties as if they were buying tiramisu cakes. Money was stretched to the limit in order to buy maximum number of properties possible. These properties would then be rented out without much problem, thanks to the booming economy, and thus generating positive cash-flow. It was a no-brainer method to generate wealth until now.
Now that the property bubble has burst, thanks to global economy recession, these novice speculators are selling their once-cash-cow to anybody at fire-sale discount. Effectively most of Malaysian construction companies were crying as projects agreed got hold or cancelled. Gamuda Berhad (KLSE: GAMUDA, stock-code 5398), the country’s largest construction and engineering with interests in construction, water, toll and property development is feeling the heat (7% of Gamuda's outstanding order book comes from the Gulf region) after the WCT Berhad and Meydan LCC joint venture to build a RM4.6 billion race-course in Dubai was cancelled. Gamuda generated investors’ interest recently when the founder and Managing Director Lin Yun Ling cashed-out early 2008 sending the stock price to the south.
Another interesting fact about Gamuda - the largest shareholder is also the second richest woman on the 2008 Forbes 40 Richest Malaysians at #35 spot. She is Raja Datuk Seri Eleena Raja Azlan Shah, the daughter of the Sultan of Perak, Raja Azlan Shah. She was worth RM773 Million ($228 Million) at #25 spot in 2007’s 40 Richest Malaysians but this figure dropped to RM510 Million ($150 Million) in 2008 at #35 spot. Based on today’s stock price of RM1.91 a share her fortune is only at RM287.46 million based on her remaining stake of 7.5% in Gamuda via Generasi Setia (M) Sdn Berhad. Naturally when his father refused to dissolve the state assembly for a fresh election various rumors and speculations began its circulation.
Malaysian politics is perhaps the dirtiest but you can’t blame the public to have a perception that the federal government was twisting the arms of the Sultan (silly assumption, is it not?). However on the business perspective you do not need to wake Einstein up from his grave to tell you that Gamuda is basically at the mercy of the Federal government. With water taps closed by the federal government to three of the most developed states, Selangor, Perak and Penang, Gamuda is screaming for projects. Certainly the nation has the money. In fact the country is flushed with more money than before the Mar 2008 general election simply because the federal government does not know where to pump the money to since the most developed states such as Selangor, Perak (was) and Penang are controlled by opposition parties.
PM-in-waiting Najib Razak is set to take over the premiership end of Mar 2009 so expect more goodies and good news (lower electricity tariff soon?). The first RM7 billion stimulus package may have been “well spent” into certain pockets already. Najib’s mentor, former dictator Mahathir, has hinted that the second stimulus package should be about RM35 billion or 5% of the country’s GDP (gross domestic product) so you can expect the figure to be announced by Najib. Whether this whopping RM35 billion will go into stock market or projects everyone is drooling for a piece of the cake – including Gamuda. Hmm, Najib may be right after all that the country may not enter recession. So, is it good time to accumulate some Gamuda shares *grin*?
Anyway let’s imagine (it’s Friday dude) a conspiracy theory and this Perak crisis is just the tip of an iceberg. Let’s assume Anwar has the number to take over the federal government but at the same time he’s also aware that to do so could backfire badly. He needs to start the ball-rolling and he announced about the defection, 916 and so forth. After Permatang Pauh and Kuala Terengganu, he knew Najib is desperate for trophies so the plot was to sacrifice Perak. He accepted the bait (was it?) offered by Najib with this fella Nasarudin. A good strategy to test water (effect of defections) and to flush out traitors within PKR, Perak has to fall to BN. Now Najib has gotten Perak State as the trophy to show off during the coming UMNO election and claimed it was Anwar who started the defection plan and he simply finished it. The next episode will see that Anwar will snatch the federal government with the readied defectors while screaming “Najib started the battle so I'm just finishing the war”. What a wet dream!
Perak... and Wisdom Royale
Perak... and Wisdom Royale
For whatever reasons, the Perak Sultan's official website ( http://sultan.perak.gov.my ) has been taken down since yesterday. (The mirror is still available on Dreambook, though defaced with replaced content to over-write the original ones.)
Elsewhere in the cyberspace, if you are resourceful and I am not willing to publish the URL, you can read forum postings that derogate Sultan Azlan Shah, the former Lord President of Malaysia.
The general tone in those forum postings is that, if people's questioning the constitutional authority of the Sultan is an act of derhaka (betrayal the royalty), then, is how the Sultan had acted in the Perak state government crisis an act of "menderhakakan kesultanan itu sendiri" (betraying the sultanate itself)? Most of the postings are anger-propelled, so I won't go into the specifics. But if the emotions on the cyberspace go unchecked, they may spill-over into real world sentiments and the image of the royal family may be forever impaired.
Cindy Tham of The Nut Graph has a take on this, albeit a mild one, while Straits Times Singapore asks if the Perak royalty's built-up reputation as the voices of the nation's conscience is in tatters.
Nevertheless, elsewhere in the cyberspace where bloggers don't blog anonymously, there had been rational debates on the stand taken by the Perak Sultan in handling the political situation.
Lawyer-blogger Malik Imtiaz Sarwar offers his respectful view ithat His Highness may have acted erroneously in directing the resignation of the Mentri Besar, Mohd Nizar Jamaluddin.
In his latest entry titled: Perak, A Constitutional Crisis, Imtiaz chronicles that unfolding episodes and says:
...it is apparent that His Highness considered the situation to be one in which the Mentri Besar had ceased to command the confidence of the majority of the members. In doing so, His Highness accepted the three disputed members as still being members of the Assembly and as such approached the situation on the assumption that the Barisan block outnumbered Pakatan by three instead of one.
The Sultan's actions, hence, raises the question whether he has contravened Article 16(6) of the Constitution. Imtiaz reasons:
* as noted above Article 16(6) is specifically directed to a no-confidence scenario, that is the incumbent Mentri Besar can seek the dissolution of the Assembly upon his having ceased to command the confidence of the majority
* Article 36(2) however provides more generally that His Highness has the power to dissolve the assembly. It is clear that this provision is aimed at allowing His Highness to dissolve the Assembly for other reasons thought to be appropriate
* as a matter of law His Highness is empowered to do what is permitted under the Perak Constitution and the Federal Constitution. This is the essence of a constitutional monarchy
* the Perak Constitution does not empower His Highness to dismiss the Mentri Besar. The manner in which the Mentri Besar is to be removed from office is as provided for under Article 16(6), through a refusal to dissolve the Assembly at the request of the Mentri Besar when the Mentri Besar has ceased to command the confidence of the majority of the Assembly.
Imtiaz adds: "...all things considered His Highness had come to the conclusion that in any event the Mentri Besar no longer commanded confidence. In this context, the central question is whether His Highness was empowered to conclude that the incumbent Mentri Besar no longer commanded the confidence of the Assembly without there having been a vote of no confidence."
He quotes a precedent to illustrate how the Sultan may have erred. Yes, the famous 1966 precedent of Stephan Kalong Ningkan, the chief minister of Sarawak who was deposed in similar political manoeuvres, but with harsher outcome when Najib's father was pulling the puppet strings behind Tunku Abdul Rahman. Go to Imtiaz's blog to read the details.
Meanwhile, Kit points us to the same Sultan who held a somewhat different persona some years ago.
In his book “Constitutional Monarchy, Rule of Law and Good Governance” (2004), the former Lord President wrote:
“Under normal circumstances, it is taken for granted that the Yang di-Pertuan Agong would not withhold his consent to a request for dissolution of parliament. His role is purely formal.”
He also pointed out that no sultan or agung had withheld consent to dissolve legislative body, except in Kelantan in 1977.
Deja vu? People may now frown upon the royal family with changed views.
THAT... is the real crisis. Not the PR losing power in a political coup d'etat.
To the rest of the nation, I say get beck to nurse the economic woes, end the politicking, bite the bullet, fight another day.
http://www.jeffooi.com/2009/02/perak_and_wisdom_royale.php
For whatever reasons, the Perak Sultan's official website ( http://sultan.perak.gov.my ) has been taken down since yesterday. (The mirror is still available on Dreambook, though defaced with replaced content to over-write the original ones.)
Elsewhere in the cyberspace, if you are resourceful and I am not willing to publish the URL, you can read forum postings that derogate Sultan Azlan Shah, the former Lord President of Malaysia.
The general tone in those forum postings is that, if people's questioning the constitutional authority of the Sultan is an act of derhaka (betrayal the royalty), then, is how the Sultan had acted in the Perak state government crisis an act of "menderhakakan kesultanan itu sendiri" (betraying the sultanate itself)? Most of the postings are anger-propelled, so I won't go into the specifics. But if the emotions on the cyberspace go unchecked, they may spill-over into real world sentiments and the image of the royal family may be forever impaired.
Cindy Tham of The Nut Graph has a take on this, albeit a mild one, while Straits Times Singapore asks if the Perak royalty's built-up reputation as the voices of the nation's conscience is in tatters.
Nevertheless, elsewhere in the cyberspace where bloggers don't blog anonymously, there had been rational debates on the stand taken by the Perak Sultan in handling the political situation.
Lawyer-blogger Malik Imtiaz Sarwar offers his respectful view ithat His Highness may have acted erroneously in directing the resignation of the Mentri Besar, Mohd Nizar Jamaluddin.
In his latest entry titled: Perak, A Constitutional Crisis, Imtiaz chronicles that unfolding episodes and says:
...it is apparent that His Highness considered the situation to be one in which the Mentri Besar had ceased to command the confidence of the majority of the members. In doing so, His Highness accepted the three disputed members as still being members of the Assembly and as such approached the situation on the assumption that the Barisan block outnumbered Pakatan by three instead of one.
The Sultan's actions, hence, raises the question whether he has contravened Article 16(6) of the Constitution. Imtiaz reasons:
* as noted above Article 16(6) is specifically directed to a no-confidence scenario, that is the incumbent Mentri Besar can seek the dissolution of the Assembly upon his having ceased to command the confidence of the majority
* Article 36(2) however provides more generally that His Highness has the power to dissolve the assembly. It is clear that this provision is aimed at allowing His Highness to dissolve the Assembly for other reasons thought to be appropriate
* as a matter of law His Highness is empowered to do what is permitted under the Perak Constitution and the Federal Constitution. This is the essence of a constitutional monarchy
* the Perak Constitution does not empower His Highness to dismiss the Mentri Besar. The manner in which the Mentri Besar is to be removed from office is as provided for under Article 16(6), through a refusal to dissolve the Assembly at the request of the Mentri Besar when the Mentri Besar has ceased to command the confidence of the majority of the Assembly.
Imtiaz adds: "...all things considered His Highness had come to the conclusion that in any event the Mentri Besar no longer commanded confidence. In this context, the central question is whether His Highness was empowered to conclude that the incumbent Mentri Besar no longer commanded the confidence of the Assembly without there having been a vote of no confidence."
He quotes a precedent to illustrate how the Sultan may have erred. Yes, the famous 1966 precedent of Stephan Kalong Ningkan, the chief minister of Sarawak who was deposed in similar political manoeuvres, but with harsher outcome when Najib's father was pulling the puppet strings behind Tunku Abdul Rahman. Go to Imtiaz's blog to read the details.
Meanwhile, Kit points us to the same Sultan who held a somewhat different persona some years ago.
In his book “Constitutional Monarchy, Rule of Law and Good Governance” (2004), the former Lord President wrote:
“Under normal circumstances, it is taken for granted that the Yang di-Pertuan Agong would not withhold his consent to a request for dissolution of parliament. His role is purely formal.”
He also pointed out that no sultan or agung had withheld consent to dissolve legislative body, except in Kelantan in 1977.
Deja vu? People may now frown upon the royal family with changed views.
THAT... is the real crisis. Not the PR losing power in a political coup d'etat.
To the rest of the nation, I say get beck to nurse the economic woes, end the politicking, bite the bullet, fight another day.
http://www.jeffooi.com/2009/02/perak_and_wisdom_royale.php
Friday, February 6, 2009
The Perak Crisis - an unsolicited legal opinion
Friday, February 6, 2009
The Perak Crisis - an unsolicited legal opinion
The disagreement between the Terengganu palace and the BN's leadership over the choice of the Menteri Besar last year prompted Malik Imtiaz to write Crisis In Trengganu? What crisis? on his blog, Disquiet. I had taken a differing view than that which was taken by Imtiaz in that article. Basically I was, and still am, of the opinion that the role of the Rulers in the political arena should be approached with a degree of circumspection. I posted 2 comments to that post and it would not be out of place to reproduce a part of my comments here:
"The notion that the Rulers are a part of check and balance mechanism to the wide powers of the executives is to me, wishful at best. The reality is the Rulers are not part of the administration of the country. The check and balance mechanism embedded into our system (and every democracy with a constitutional monarch) only consists of the executive, legislative and of course, the judiciary (in some Scandinavian countries, an ombudsman is an integral part as well).....To adopt a literal approach would vest a certain level of absolute power in the Ruler where such power does not exist in the first place. Can we imagine a situation where the Ruler may decide mid-term to change an MB because he thinks that MB does not command the confidence of the majority anymore? We are now riding the populist wave of a political reform yet unseen before. It is a result of deep rooted anger against the BN government. But lets not allow our emotion to colour our judgement by creating, or allowing to create, a dangerous precedent, a precedent which we all may live to regret later."
The looming constitutional crisis in Perak now underscores my sentiment exactly.
The Power of The Sultan to Appoint the MB
Article 16 of the Perak Constitution says that the Sultan shall appoint the Executive Council ("EC"). He must first appoint as Menteri Besar from the members of the Legislative Assembly who "in his judgment is likely to command the confidence of the majority of the members of the Assembly." Then on the advice of the MB, the Sultan shall appoint other members of the EC.
We stop at this juncture to consider this provision. The Sultan did not have to ensure that the potential MB does command the confidence of the majority. The word "likely" in the above provision gives a certain level of subjectivity to the whole process. And quite how the Sultan was to perform that function is not spelt out.
Article 16 (6) is very important. It says:
"If the MB ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council."
If we could now look at this provision closely. There is no subjectivity here. It does not say, for example, "if the Sultan is of the opinion that the MB ceases to command the confidence of the Assembly", or "if it is likely that the MB has ceased to command the confidence of the Assembly". It says clearly that "if the MB ceases to command". That means this provision kicks in only and only if, it could be factually proven that the MB has ceased to command the confidence of the Legislative Assembly. In other word, the Sultan is not imbued with the power to make his own subjective judgment over this fact and matter . For this provision to operate, it must be established as a fact that the MB has ceased to command the confidence of the Assembly.
How is that fact established then? In countries practising the Westminster typed democracy, this fact is established with a vote of no confidence on the floor of the Assembly.
Next to be examined is Article 16 (7). It says:
"Subject to Clause (6) a member of the Executive Council other than the MB shall hold office at His Royal Highness' pleasure, but any member of the Council may at any time resign his office."
It is of paramount importance to note that only the MB does not hold office at the pleasure of the Sultan. From a literal reading of this article, it is clear that the Sultan may therefore sack any member of the Executive Council but not the MB.
Can the Sultan Ask the MB to Resign?
With all due respect to HRH the Sultan of Perak, I don't think the Sultan has the power to ask for the resignation of the MB. It has been argued elsewhere that the provision of the Interpretation Act 1948 would give the power to the Sultan to dismiss the MB. While I concede that section 94 of that Act gives the power to dismiss in every instant where a power to appoint exists, it must be remembered that the Interpretation Act does not apply "where there is something in the subject or context inconsistent with or repugnant to the application" of the Interpretation Act.
Where is the context inconsistent with the application of the Interpretation Act here? The answer lies with Article 16 (7) above. It is clear that the MB does not hold office at the pleasure of the Sultan as opposed to the other members of the Assembly. Had it been intended that the Sultan should have the power to dismiss the MB as well as the other members of the Executive Council, Article 16 (7) would not have made such a glaring and clear exception so as to expressly preclude the MB from the operation of that Article.
Excersise of the Sultan's Powers
There are 2 broad categories of powers which the Sultan is vested with. The first type are powers which the Sultan shall act in accordance with the advice of the Executive Council. There is no discretionary power here. Whenever the Sultan is advised to exercise these powers, the Sultan has no choice but to exercise that power in accordance with the advice given.
Secondly there are powers which the Sultan may exercise in his discretion. These powers include:
power to appoint the MB
power to withhold his consent to a request for the dissolution of the Assembly.
Here lies the problem. The MB has requested the Sultan to dissolve the Assembly but the Sultan has refused to do so and had asked the MB to resign instead.
Was the Sultan Right?
A case law, decided by our Court in 1966 bears important resemblance to the crisis in Perak now. In Stephen Kalong Ningkan v. Tun Abang Haji Openg and Tawi Sli [1966] 2 MLJ 187, the Governor of Sarawak received a letter signed by 21 members of the Council Negri (equivalent to the Legislative Assembly) expressing no confidence in Stephen Kalong Ningkan as the Chief Minister. The Governor then asked Stephen to resign. Stephen refused to resign. The Governor then declared that Stephen and all the members of the Supreme Council (equivalent to the Executive Council) as having ceased to hold office. A new Chief Minister was then appointed by the Governor. The case ended up in the High Court where among others, a declaration that the purported dismissal of Stephen as the Chief Minister was ultra vires the Constitution and was therefore null and void.
The Sarawak Constitution contain provisions which are almost identical to the provisions of the Perak Constitution.
Article 6 (3) provides:
"The Governor shall appoint an Chief Minister a member of the Council Negri who in his judgment in likely to command the confidence of a majority of the members of the Council Negri and shall appoint the other members in accordance with the advice of the Chief Minister from among the members of the Council Negri."
By Article 7, it is provided as follows:
"(1) If the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then, unless at his request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council.
(2) A member of the Supreme Council may at any time resign his office by writing under his hand addressed to the Governor, and a member of the Supreme Council other than the Chief Minister shall also vacate his office if his appointment thereto in revoked by the Governor acting in accordance with the advice of the Chief Minister.
(3) Subject to cll (1) and (2), a member of the Supreme Council other than the Chief Minister shall hold office at the Governor's pleasure."
Notice the almost identical provisions. It has to be noted that the Sarawak Constitution also provides, (as do the Perak Constitution) that the Chief Minister does not hold office at the pleasure of the Governor.
The Court held as follows:
i) for Article 7 (1) to kick in, there must be a vote of no confidence from the floor of the Assembly. Mere letters signed by the members of the Assembly expressing no confidence to the Governor was not sufficient.
ii) the Governor had no power to dismiss the Chief Minister under the Constitution.
iii) the purported dismissal of the CM was then ultra vires the Sarawak state Constitution.
What is even more important is the learned Judge's observation in respect of the exercise by the Governor of his discretionary power to appoint a CM and to withhold his consent when there is a request to dissolve the Assembly. This is what His Lordship said:
"A lot has been said about the duty and powers and discretion of the Governor. His paramount duty is to "act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the Council". (Article 10(1). There are two occasions when the Governor has a discretion, that is, when he can act without, or even contrary to, the advice of the Supreme Council. Those occasions are in the performance of the following functions -
(a) the appointment of a Chief Minister;
(b) the withholding of consent to a request for the dissolution of the Council Negri. (Article 10 (2) ).
As regards (a), nobody could be so foolish as to suggest that a Governor could appoint a second Chief Minister while there was still one in office. As regards (b), this probably has in mind a situation of splinter parties, as has been the case in France, when a general election could not be expected to show an overall majority for any one party. In Sarawak, it seems to me that a Chief Minister may advise a dissolution, even though he has not as yet lost the confidence of Council Negri. In such circumstances, the Governor's refusal to dissolve might be conventionally unconstitutional, although not illegal."
This is still good law as this decision has never been overturned by a higher Court.
Conclusion
With the greatest of respect to HRH the Sultan of Perak, it would appear that the above case law does not lend support to the actions which have so far been taken in Perak.
I would like to end this post by quoting R H Hickling from his excellent book, "Malaysian Law" (Professional Law Books Publishers 1988), where he said:
"The advent of constitutional government in Malaysia marked the beginning of the end for the prerogatives of the Rulers. While assiduously reserving these prerogatives by express savings in the state constitutions, the very act of defining rights and powers restrict them. With the advent of formal constitutions government in Johor in 1895, limitations on arbitrary rules set in, and the pattern was set for progress to the modern concept of constitutional government: that is to say, not merely government in accordance with the provisions of the constitution, but government in accordance with the wishes of the elected representatives of the people."
Posted by art harun at 3:57 PM
The Perak Crisis - an unsolicited legal opinion
The disagreement between the Terengganu palace and the BN's leadership over the choice of the Menteri Besar last year prompted Malik Imtiaz to write Crisis In Trengganu? What crisis? on his blog, Disquiet. I had taken a differing view than that which was taken by Imtiaz in that article. Basically I was, and still am, of the opinion that the role of the Rulers in the political arena should be approached with a degree of circumspection. I posted 2 comments to that post and it would not be out of place to reproduce a part of my comments here:
"The notion that the Rulers are a part of check and balance mechanism to the wide powers of the executives is to me, wishful at best. The reality is the Rulers are not part of the administration of the country. The check and balance mechanism embedded into our system (and every democracy with a constitutional monarch) only consists of the executive, legislative and of course, the judiciary (in some Scandinavian countries, an ombudsman is an integral part as well).....To adopt a literal approach would vest a certain level of absolute power in the Ruler where such power does not exist in the first place. Can we imagine a situation where the Ruler may decide mid-term to change an MB because he thinks that MB does not command the confidence of the majority anymore? We are now riding the populist wave of a political reform yet unseen before. It is a result of deep rooted anger against the BN government. But lets not allow our emotion to colour our judgement by creating, or allowing to create, a dangerous precedent, a precedent which we all may live to regret later."
The looming constitutional crisis in Perak now underscores my sentiment exactly.
The Power of The Sultan to Appoint the MB
Article 16 of the Perak Constitution says that the Sultan shall appoint the Executive Council ("EC"). He must first appoint as Menteri Besar from the members of the Legislative Assembly who "in his judgment is likely to command the confidence of the majority of the members of the Assembly." Then on the advice of the MB, the Sultan shall appoint other members of the EC.
We stop at this juncture to consider this provision. The Sultan did not have to ensure that the potential MB does command the confidence of the majority. The word "likely" in the above provision gives a certain level of subjectivity to the whole process. And quite how the Sultan was to perform that function is not spelt out.
Article 16 (6) is very important. It says:
"If the MB ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council."
If we could now look at this provision closely. There is no subjectivity here. It does not say, for example, "if the Sultan is of the opinion that the MB ceases to command the confidence of the Assembly", or "if it is likely that the MB has ceased to command the confidence of the Assembly". It says clearly that "if the MB ceases to command". That means this provision kicks in only and only if, it could be factually proven that the MB has ceased to command the confidence of the Legislative Assembly. In other word, the Sultan is not imbued with the power to make his own subjective judgment over this fact and matter . For this provision to operate, it must be established as a fact that the MB has ceased to command the confidence of the Assembly.
How is that fact established then? In countries practising the Westminster typed democracy, this fact is established with a vote of no confidence on the floor of the Assembly.
Next to be examined is Article 16 (7). It says:
"Subject to Clause (6) a member of the Executive Council other than the MB shall hold office at His Royal Highness' pleasure, but any member of the Council may at any time resign his office."
It is of paramount importance to note that only the MB does not hold office at the pleasure of the Sultan. From a literal reading of this article, it is clear that the Sultan may therefore sack any member of the Executive Council but not the MB.
Can the Sultan Ask the MB to Resign?
With all due respect to HRH the Sultan of Perak, I don't think the Sultan has the power to ask for the resignation of the MB. It has been argued elsewhere that the provision of the Interpretation Act 1948 would give the power to the Sultan to dismiss the MB. While I concede that section 94 of that Act gives the power to dismiss in every instant where a power to appoint exists, it must be remembered that the Interpretation Act does not apply "where there is something in the subject or context inconsistent with or repugnant to the application" of the Interpretation Act.
Where is the context inconsistent with the application of the Interpretation Act here? The answer lies with Article 16 (7) above. It is clear that the MB does not hold office at the pleasure of the Sultan as opposed to the other members of the Assembly. Had it been intended that the Sultan should have the power to dismiss the MB as well as the other members of the Executive Council, Article 16 (7) would not have made such a glaring and clear exception so as to expressly preclude the MB from the operation of that Article.
Excersise of the Sultan's Powers
There are 2 broad categories of powers which the Sultan is vested with. The first type are powers which the Sultan shall act in accordance with the advice of the Executive Council. There is no discretionary power here. Whenever the Sultan is advised to exercise these powers, the Sultan has no choice but to exercise that power in accordance with the advice given.
Secondly there are powers which the Sultan may exercise in his discretion. These powers include:
power to appoint the MB
power to withhold his consent to a request for the dissolution of the Assembly.
Here lies the problem. The MB has requested the Sultan to dissolve the Assembly but the Sultan has refused to do so and had asked the MB to resign instead.
Was the Sultan Right?
A case law, decided by our Court in 1966 bears important resemblance to the crisis in Perak now. In Stephen Kalong Ningkan v. Tun Abang Haji Openg and Tawi Sli [1966] 2 MLJ 187, the Governor of Sarawak received a letter signed by 21 members of the Council Negri (equivalent to the Legislative Assembly) expressing no confidence in Stephen Kalong Ningkan as the Chief Minister. The Governor then asked Stephen to resign. Stephen refused to resign. The Governor then declared that Stephen and all the members of the Supreme Council (equivalent to the Executive Council) as having ceased to hold office. A new Chief Minister was then appointed by the Governor. The case ended up in the High Court where among others, a declaration that the purported dismissal of Stephen as the Chief Minister was ultra vires the Constitution and was therefore null and void.
The Sarawak Constitution contain provisions which are almost identical to the provisions of the Perak Constitution.
Article 6 (3) provides:
"The Governor shall appoint an Chief Minister a member of the Council Negri who in his judgment in likely to command the confidence of a majority of the members of the Council Negri and shall appoint the other members in accordance with the advice of the Chief Minister from among the members of the Council Negri."
By Article 7, it is provided as follows:
"(1) If the Chief Minister ceases to command the confidence of a majority of the members of the Council Negri, then, unless at his request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council.
(2) A member of the Supreme Council may at any time resign his office by writing under his hand addressed to the Governor, and a member of the Supreme Council other than the Chief Minister shall also vacate his office if his appointment thereto in revoked by the Governor acting in accordance with the advice of the Chief Minister.
(3) Subject to cll (1) and (2), a member of the Supreme Council other than the Chief Minister shall hold office at the Governor's pleasure."
Notice the almost identical provisions. It has to be noted that the Sarawak Constitution also provides, (as do the Perak Constitution) that the Chief Minister does not hold office at the pleasure of the Governor.
The Court held as follows:
i) for Article 7 (1) to kick in, there must be a vote of no confidence from the floor of the Assembly. Mere letters signed by the members of the Assembly expressing no confidence to the Governor was not sufficient.
ii) the Governor had no power to dismiss the Chief Minister under the Constitution.
iii) the purported dismissal of the CM was then ultra vires the Sarawak state Constitution.
What is even more important is the learned Judge's observation in respect of the exercise by the Governor of his discretionary power to appoint a CM and to withhold his consent when there is a request to dissolve the Assembly. This is what His Lordship said:
"A lot has been said about the duty and powers and discretion of the Governor. His paramount duty is to "act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the Council". (Article 10(1). There are two occasions when the Governor has a discretion, that is, when he can act without, or even contrary to, the advice of the Supreme Council. Those occasions are in the performance of the following functions -
(a) the appointment of a Chief Minister;
(b) the withholding of consent to a request for the dissolution of the Council Negri. (Article 10 (2) ).
As regards (a), nobody could be so foolish as to suggest that a Governor could appoint a second Chief Minister while there was still one in office. As regards (b), this probably has in mind a situation of splinter parties, as has been the case in France, when a general election could not be expected to show an overall majority for any one party. In Sarawak, it seems to me that a Chief Minister may advise a dissolution, even though he has not as yet lost the confidence of Council Negri. In such circumstances, the Governor's refusal to dissolve might be conventionally unconstitutional, although not illegal."
This is still good law as this decision has never been overturned by a higher Court.
Conclusion
With the greatest of respect to HRH the Sultan of Perak, it would appear that the above case law does not lend support to the actions which have so far been taken in Perak.
I would like to end this post by quoting R H Hickling from his excellent book, "Malaysian Law" (Professional Law Books Publishers 1988), where he said:
"The advent of constitutional government in Malaysia marked the beginning of the end for the prerogatives of the Rulers. While assiduously reserving these prerogatives by express savings in the state constitutions, the very act of defining rights and powers restrict them. With the advent of formal constitutions government in Johor in 1895, limitations on arbitrary rules set in, and the pattern was set for progress to the modern concept of constitutional government: that is to say, not merely government in accordance with the provisions of the constitution, but government in accordance with the wishes of the elected representatives of the people."
Posted by art harun at 3:57 PM
Turmoil as govt changes
Turmoil as govt changes
Saturday, 07 February 2009 10:43
New man is sworn in, but ex-chief minister insists he's in charge
By Carolyn Hong, The Straits Times
Barisan Nasional assemblyman Zambry Abdul Kadir was sworn in yesterday as Perak's chief minister under tight security as police fired tear gas at thousands of protesters trying to stop the ceremony.
He took the oath of office before the Sultan of Perak in the royal town of Kuala Kangsar even as the Pakatan Rakyat's Nizar Jamaluddin insisted he was still the lawful leader.
Datuk Seri Nizar defied a royal command to resign after four defectors left him with a minority government.
The PR and BN each holds 28 seats in the state assembly now. Three independents have pledged their support to the BN.
Mr Nizar was escorted out of his office yesterday after he insisted on entering the State Secretariat.
'I will come to work at the State Secretariat tomorrow as usual, and I don't intend to surrender my office and car keys,' he said.
The impasse has left Perak with two leaders claiming to be chief minister, signalling a looming confrontation in the coming days. The drama yesterday gave a hint of what may come.
The day began with Mr Nizar and his administration trying to enter their offices.
With a dramatic flourish, he pulled out the empty drawers of his desk to show reporters that all his belongings had been removed.
As he was speaking to reporters, state secretary Abdul Rahman Hashim and the police arrived and demanded that he leave the premises.
Other executive councillors were barred from entering their offices and a commotion ensued.
Everyone later left the building but not without pledging to return.
In the afternoon, the drama shifted to Kuala Kangsar.
Thousands gathered at the Ubudiah Mosque near the palace. The crowd tried to march to the palace to stop the swearing-in ceremony.
Police fired tear gas to stop them, as several hundred people tried to block the road to the palace. Some protesters lay on the road to block the BN entourage led by Deputy Prime Minister Najib Razak.
The swearing-in ceremony went ahead under heavy guard, broadcast live over state television.
Outside, the protesters jeered and booed the official vehicles as they left the palace.
Perak police chief Zulkifli Abdullah later told a news conference that nine people, including an Indonesian, had been detained 'for rioting using weapons' and all face jail if convicted.
It was an inauspicious start to BN's wresting back control of the state.
Datuk Dr Zambry, 47, will have a hard time convincing the people of the legitimacy of his administration. A two-term assemblyman for Pangkor and a property developer, he holds degrees from the International Islamic University of Malaysia.
The deadlock will continue into the weekend as PR yesterday declared that it still supports Mr Nizar as the chief minister.
'We still stick to our opinion that Datuk Seri Mohammad Nizar Jamaluddin is the valid Menteri Besar,' said opposition leader Anwar Ibrahim.
'The people are now voicing their unhappiness towards the abuse of power by Barisan Nasional.'
The Pakatan plans to file a suit to challenge the appointment of Dr Zambry.
Saturday, 07 February 2009 10:43
New man is sworn in, but ex-chief minister insists he's in charge
By Carolyn Hong, The Straits Times
Barisan Nasional assemblyman Zambry Abdul Kadir was sworn in yesterday as Perak's chief minister under tight security as police fired tear gas at thousands of protesters trying to stop the ceremony.
He took the oath of office before the Sultan of Perak in the royal town of Kuala Kangsar even as the Pakatan Rakyat's Nizar Jamaluddin insisted he was still the lawful leader.
Datuk Seri Nizar defied a royal command to resign after four defectors left him with a minority government.
The PR and BN each holds 28 seats in the state assembly now. Three independents have pledged their support to the BN.
Mr Nizar was escorted out of his office yesterday after he insisted on entering the State Secretariat.
'I will come to work at the State Secretariat tomorrow as usual, and I don't intend to surrender my office and car keys,' he said.
The impasse has left Perak with two leaders claiming to be chief minister, signalling a looming confrontation in the coming days. The drama yesterday gave a hint of what may come.
The day began with Mr Nizar and his administration trying to enter their offices.
With a dramatic flourish, he pulled out the empty drawers of his desk to show reporters that all his belongings had been removed.
As he was speaking to reporters, state secretary Abdul Rahman Hashim and the police arrived and demanded that he leave the premises.
Other executive councillors were barred from entering their offices and a commotion ensued.
Everyone later left the building but not without pledging to return.
In the afternoon, the drama shifted to Kuala Kangsar.
Thousands gathered at the Ubudiah Mosque near the palace. The crowd tried to march to the palace to stop the swearing-in ceremony.
Police fired tear gas to stop them, as several hundred people tried to block the road to the palace. Some protesters lay on the road to block the BN entourage led by Deputy Prime Minister Najib Razak.
The swearing-in ceremony went ahead under heavy guard, broadcast live over state television.
Outside, the protesters jeered and booed the official vehicles as they left the palace.
Perak police chief Zulkifli Abdullah later told a news conference that nine people, including an Indonesian, had been detained 'for rioting using weapons' and all face jail if convicted.
It was an inauspicious start to BN's wresting back control of the state.
Datuk Dr Zambry, 47, will have a hard time convincing the people of the legitimacy of his administration. A two-term assemblyman for Pangkor and a property developer, he holds degrees from the International Islamic University of Malaysia.
The deadlock will continue into the weekend as PR yesterday declared that it still supports Mr Nizar as the chief minister.
'We still stick to our opinion that Datuk Seri Mohammad Nizar Jamaluddin is the valid Menteri Besar,' said opposition leader Anwar Ibrahim.
'The people are now voicing their unhappiness towards the abuse of power by Barisan Nasional.'
The Pakatan plans to file a suit to challenge the appointment of Dr Zambry.
Malaysia: Opposition Gains and Government Worries
This marks a potential shift for Malaysian politics, in which the ruling party works hand in glove with the royals to maintain the status quo.
www.stratfor.com
Malaysian riot police dispersed 3,000 demonstrators at Iskandariah palace in Kuala Kangsar on Feb. 6 protesting the swearing in of a new chief minister and state executive council. The northwestern state of Perak has become embroiled in a political crisis, highlighting Malaysia’s wider political struggle after Sultan Azlan Shah of Perak, the traditional ruler of the state, ejected Chief Minister Mohammad Nizar Jamaluddin and his executive council from their posts and appointed new leaders. The ousted government was part of Malaysia’s opposition Pakatan Rakyat (PR), while the new installments are members of the Barisan Nasional (BN) coalition, which rules Malaysia’s national-level government.
Perak state, in the northwestern part of peninsular Malaysia, is an old tin-mining hub and modern manufacturing region hit hard by the global economic slowdown. The opposition PR won its first election there in March 2008, part of a general trend in which the party made electoral strides across the nation. The PR’s success has led the BN coalition to worry that their rule is beginning to crumble along with their ability to protect the legally enshrined privileges of the ethnic Malay majority. Opposition PR leader Anwar Ibrahim has had a roller-coaster rise to prominence since the March elections, and two opposition victories in recent by-elections have heightened the BN’s fears. Meanwhile, the global economic slowdown is weighing more heavily on Malaysia’s industries and households.
Four lawmakers in Perak’s state assembly have defected since Jan. 25 from the PR-led coalition, giving the BN and its allies the upper hand by one seat. Nizar moved to dissolve the assembly as a result of the defections, calling for a new election, but he failed to ask the sultan’s approval. The sultan ordered the state assembly leaders to resign Feb. 5, and the next day the former chief minister was physically removed from his office in Ipoh by police. On Feb. 6, riot police dispersed 3,000 supporters of the former government with tear gas when they attempted to bring their protest to the sultan’s Iskandariah Palace in Kuala Kangsar as the new chief minister and executive council were sworn in. The event has sparked a statewide constitutional crisis, but Anwar has ruled out waging a legal battle (despite the wishes of allies in Perak), seeking instead to get the sultan to change his mind so that the state can hold new elections.
State politics in Perak aside, many suspect that Deputy Prime Minister Najib Razak, who is set to become prime minister in March after current Prime Minister Abdullah Badawi steps down, had a hand in orchestrating the four defections and seeking the sultan’s help. This marks a potential shift for Malaysian politics, in which the ruling party works hand in glove with the royals to maintain the status quo. Both the ruling coalition and the opposition are searching for potential defectors to strengthen their power in Kuala Lumpur (often with bribes for those willing to change sides). Both sides will attempt to benefit from this incident, with the BN claiming that the opposition has undue respect for the sultan and the PR claiming that the state’s democratic representation has been curtailed. With the global economic slowdown taking a greater and greater toll on Malaysia’s economy, political struggles (and social instability) look set to intensify.
www.stratfor.com
Malaysian riot police dispersed 3,000 demonstrators at Iskandariah palace in Kuala Kangsar on Feb. 6 protesting the swearing in of a new chief minister and state executive council. The northwestern state of Perak has become embroiled in a political crisis, highlighting Malaysia’s wider political struggle after Sultan Azlan Shah of Perak, the traditional ruler of the state, ejected Chief Minister Mohammad Nizar Jamaluddin and his executive council from their posts and appointed new leaders. The ousted government was part of Malaysia’s opposition Pakatan Rakyat (PR), while the new installments are members of the Barisan Nasional (BN) coalition, which rules Malaysia’s national-level government.
Perak state, in the northwestern part of peninsular Malaysia, is an old tin-mining hub and modern manufacturing region hit hard by the global economic slowdown. The opposition PR won its first election there in March 2008, part of a general trend in which the party made electoral strides across the nation. The PR’s success has led the BN coalition to worry that their rule is beginning to crumble along with their ability to protect the legally enshrined privileges of the ethnic Malay majority. Opposition PR leader Anwar Ibrahim has had a roller-coaster rise to prominence since the March elections, and two opposition victories in recent by-elections have heightened the BN’s fears. Meanwhile, the global economic slowdown is weighing more heavily on Malaysia’s industries and households.
Four lawmakers in Perak’s state assembly have defected since Jan. 25 from the PR-led coalition, giving the BN and its allies the upper hand by one seat. Nizar moved to dissolve the assembly as a result of the defections, calling for a new election, but he failed to ask the sultan’s approval. The sultan ordered the state assembly leaders to resign Feb. 5, and the next day the former chief minister was physically removed from his office in Ipoh by police. On Feb. 6, riot police dispersed 3,000 supporters of the former government with tear gas when they attempted to bring their protest to the sultan’s Iskandariah Palace in Kuala Kangsar as the new chief minister and executive council were sworn in. The event has sparked a statewide constitutional crisis, but Anwar has ruled out waging a legal battle (despite the wishes of allies in Perak), seeking instead to get the sultan to change his mind so that the state can hold new elections.
State politics in Perak aside, many suspect that Deputy Prime Minister Najib Razak, who is set to become prime minister in March after current Prime Minister Abdullah Badawi steps down, had a hand in orchestrating the four defections and seeking the sultan’s help. This marks a potential shift for Malaysian politics, in which the ruling party works hand in glove with the royals to maintain the status quo. Both the ruling coalition and the opposition are searching for potential defectors to strengthen their power in Kuala Lumpur (often with bribes for those willing to change sides). Both sides will attempt to benefit from this incident, with the BN claiming that the opposition has undue respect for the sultan and the PR claiming that the state’s democratic representation has been curtailed. With the global economic slowdown taking a greater and greater toll on Malaysia’s economy, political struggles (and social instability) look set to intensify.
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'BLOGGERS UNTUK PAKATAN'.
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