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Friday, February 6, 2009

Uthayakumar 3.02.09

Evening update in Perak

21:00
The situation in the streets of Ipoh seems normal. Life carries on as usual. It is not tense out there and it's perfectly safe to venture out. It's just that many people are upset and angry but they are finding solidarity in knowing that others are feeling the same way too.
21:05
[Comment From Truly Malaysian]
Thanks Anil. I like the first photo that Amirudin has uploaded. One Malay guy with skull cap (kopiah) wearing DAP Action Team vest:) Yes, we can live in harmony under PR.
21:08
[Comment From firdy]
If not now aun....when? most of us are proud to stand for the people and let it be of our generation. We are answerable to our children children children.
21:13
The anger among the people appears to have cut across ethnic lines.

Now, what makes it interesting is that Nizar, a Malay-Muslim, was the Sultan's choice.

Ironically, it is Nizar's leadership that has prevented this whole issue from being turned into a racial issue by unscrupulous quarters. It could have been so different if someone from the DAP had been MB, in which case this crisis could so easily have been manipulated into a racial issue.


21:31
[Comment From James Qiu]
Nizar is a credit to PAS. He has shown himself to be mild and humble and non-racialistic. Come to think of it, except for some excessive religious zeal, so far PAS is not tainted by corruption.
21:33
Okay, we are now off to check out the MB's residence. Don't forget to check out Amiruddin's picture here. He has uploaded more now.

Perak - A Failed Democracy

From a legal point of view I was made to understand that the power of the Sultan to disallow the dissolution of the state assembly is a grey area. What is obvious is the Sultan does not have the power in to dismiss the serving Menteri Besar other than through a vote of no-confidence.

Another grey area is whether the Sultan should accede to the request by the Menteri Besar to dissolve the assembly or can act on his own prerogative whether to allow it or not.

I am not a legal specialist. For more, read Malik's article here. However, as a legal expert the Royal Highness should understand that what is legal may not necessarily be moral or democratic. Taking a full legal consideration to allow the installation of the BN government in Perak has confirmed the Sultan's oversight on important elements such as democracy, morality and stability of the state government.

There are 3 grounds which I found the Sultan to have erred in his decision.

First, it is obvious that he did not weigh the sustainability and stability of the new government through the backdoor. On this ground, the popularly elected state PR government was brought down not through a democratic mean but through defections of its members to the opposition.

Legally, the constitution provided for a freedom for association but this freedom is not absolute. We need to study this freedom of association in the context of a state or federal government. Malaysia practices party politics and most of its elected members are linked to political parties. The ruling coalitions are made up of political parties.

Hence, it is not democratic to allow for any defections which may easily threaten the stability of an elected government. Moreover, the three assemblymen who defected did not give any public explanation to justify their decision to defect. They even lured the public to believe that they were busy with their respective commitments.

Next, the Sultan has failed to conduct a test of character on the 3 defectors who are key to the change of government. If a test of character is conducted, the 3 assemblymen would have a problem to justify their defections. Firstly, two of the three are facing corruption charges and are due to face the court on Feb 10. If found guilty, they will have to vacate their seats.

Hence, it is obvious that even the new BN government supported mainly by the 3 assemblymen is not stable. Then, it is the interest of the Sultan to ensure that such probability of an unstable government should not be allowed to exist. The Royal Highness should have appointed a caretaker government, at the very least, before their cases are called and argued in court. The assembly speaker has filed a case against the 3 defectors claiming that they have resigned. This case should be allowed to go to the court too.

READ MORE HERE: http://khookaypeng.blogspot.com/

BARISAN NASIONAL DATUK DR ZAMBRY APPOINTED PERAK MENTRI BESAR DESPITE TURMOIL BY SULTAN OF PERAK

Datuk Zambry accepting the post of Mentri Besar from Sultan Azlan Shah






Clash between police and Pakatan Rakyat supporters


Pangkor State Assemblyman Datuk Dr Zambry Abd Kadir, 47, was today sworn at 4pm by the Sultan of Perak as the new Menteri Besar to replace Datuk Ir Mohd Nizar Jamaluddin, whose tenure had come to an end following the switch in majority in the State Assembly as a result of defections of four Pakatan Rakyat lawmakers to the Barisan Nasional.

It was reported that the swearing-in ceremony took place in the aftermath of a clash between the police and Pakatan Rakyat supporters who had earlier blocked the road leading to Istana Iskandiariah, the venue for the ceremony today.

It is been revealed that the State Exco will be sworn in next Tuesday.

news courtesy of Malaysiakini and pictures from Reuters & MalaysiaToday

SULTAN OF PERAK STARTS PLAYING POLITICS AND DID NOT HEEL TO THE WISHES OF HIS RAKYAT TO DISSOLVE STATE ASSEMBLY

The Sultan of Perak, Sultan Azlan Shah had fail to realise that he had been playing politics with the unscrupulous UMNO-led Barisan Nasional leaders to wrest the Perak State government from the Opposition Pakatan Rakyat by dubious means by using 'defected' Independent lawmakers to show that they are the majority and have rights to topple a legitimate State government.

It had been revealed that the Sultan of Perak has no legal right to dismiss or remove a Mentri Besar via the Perak State Constitution but sources reveal that the Interpretation Act may allow the Sultan the power to appoint and also includes the power to remove the Mentri Besar. But still this is a 'grey area' in law, interpreted to suit the Sultan in his wishes to behave in a detrimental manner against the wishes of his rakyat. The paramount question here is WHAT DOES HIS SUBJECTS WANT? The subjects had wanted a fresh State election to elect new leaders and form a able and reliable State government.

It could not be disputed that since the request made by the Mentri Besar, the Sultan has powers according to the Perak Constitution to dissolve the State Legislative Assembly, paving way for a fresh State elections.

But to the surprise of everyone, the Sultan of Perak had gone overboard to accept the appointment of a Barisan Nasional lawmaker as Mentri Besar when BN on its own does not command the majority. If the defected leaders had joined BN component parties, then the situation could not be disputed. Another factor of concern is that two defected lawmakers are under corruption charges and if the Court dismisses their action, it would establish the fact that the Barisan Nasional government does interfere with the justice system and the rakyat can no longer expect a fair judicial system if this 'uncaring, useless, arrogant and corrupted' UMNO-led Barisan Nasional government remains in power. Even to our dismay, some Barisan Nasional leaders have expressed their reservations with the way this incident had taken place.

The next question is IF THERE IS ANOTHER DEFECTION, what would the Sultan of Perak do. Give it to the majority that commands the State Assembly or DISSOLVE the State Legislative Assembly. The Sultan would have no alternative but to repeat history. But when will this end?

It seems that the position of the Sultan would have to be addressed immediately through formation of a ROYAL COMMISSION and their powers should be precisely specified to overcome these sort of politicking by the Rulers in future which 'anger' the rakyat who have given their trusted vote.

Evening update

20:07
It's been an amazing day. The MB holding a dramatic press conference, crowds erupting in disgust after Friday prayers in KK, and KK towns folk jeering vehicles emerging from the palace.
20:11
In between, we have witnessed the drama at the state government building, hiked up the hill to the Istana, witnessed people staring down FRU water cannon trucks, run away from tear gas - and tried some laksa kuala (made of rice flour noodles with spicy fish soup)! What a life...
20:11
[Comment From eli wong]
thanks anil for the reporting. it brought tears to my eyes.
20:19
In KK, my colleague witnessed one young man, in his early 20s, being apprehended by a traffic policeman after the Sultan's car had passed by. When my colleague asked him the others why he had been detained, they said the youth had shouted abuse at the Sultan.
20:31
After inhaling a good dose of tear gas at the Masjid Ubudiah, I ran into a group of three middle-aged Malay gentlemen who were walking downhill from the mosque. They - Jamal, Rahman and Nasri, invite me to join them for a meal near the Kuala and they insist I should try the laksa kuala.
20:33
The laksa adds to the exhiliration after the dose of teargas.

"The BN is finished in Perak," Jamal tells me.
20:36
I ask them about the stone throwing incident with the FRU. What exactly happened there?

They insist that the stone throwing began after the FRU has fired teargas into the group of onlookers on the hillslope outside the mosque, in addition to the teargas aimed at the crowd on the road.

"That's when certain people got angry and began throwing stones back," he said. "Look, all the people came to the mosque unarmed. They were not going to be violent. They just wanted to express how they felt."
20:43
One of them predicts that Najib won't last in power more than 40 days.

I ask them what makes them so sure.

"People have recited the doa hajat," one of them replies.

I ask them to explain what the doa hajat is all about.

They seemed amused by my questions. "It's a prayer for God to take action against someone if he has mengzalimi (oppressed) the people."
20:47
My colleague Amiruddin has uploaded some excellent pictures here.
20:55
[Comment From Aun]
Well nothing can be done for the time being, all i can say is PR cant blame anyone else because they are the one starting the crossover idea. Though I dun like BN but lets face it, we can only accept the fate for the time being untill the sultan change his mind or the court allows the seat to be declare vacant. Take it to the streets wont do any good and just give BN the excuse to say that PR supporters are uncivilised people.
21:00
The situation in the streets of Ipoh seems normal. Life carries on as usual. It is not tense out there and it's perfectly safe to venture out. It's just that many people are upset and angry but they are finding solidarity in knowing that others are feeling the same way too.
21:05
[Comment From Truly Malaysian]
Thanks Anil. I like the first photo that Amirudin has uploaded. One Malay guy with skull cap (kopiah) wearing DAP Action Team vest:) Yes, we can live in harmony under PR.
21:08
[Comment From firdy]
If not now aun....when? most of us are proud to stand for the people and let it be of our generation. We are answerable to our children children children.
21:13
The anger among the people appears to have cut across ethnic lines.

Now, what makes it interesting is that Nizar, a Malay-Muslim, was the Sultan's choice.

Ironically, it is Nizar's leadership that has prevented this whole issue from being turned into a racial issue by unscrupulous quarters. It could have been so different if someone from the DAP had been MB, in which case this crisis could so easily have been manipulated into a racial issue.

Perak turmoil: Battle moves to courtroom

Menang secumpak, rugi segantang

FEB 6 — Ketika para pemimpin Barisan Nasional (BN) yang diketuai Datuk Seri Najib Razak berkonvoi ke Istana Bukit Chandan di Kuala Kangsar, polis melepaskan berpuluh-puluh das tembakan gas pemedih mata bagi menyuraikan mereka yang berkumpul di perkarangan masjid Ubudiah.

Kesannya, orang ramai lari bertempiaran setelah gas pemedih mata berkepul-kepul asapnya di sekitar masjid Ubudiah yang. Kebanyakan mereka lari dan berlindung di dalam masjid yang terkenal itu.

Ada antara mereka melawan kembali dengan membalingkan botol air mineral dan batu ke arah polis. Mereka yang dikejar lari bertempiaran tetapi selepas itu mereka berkumpul kembali.

Sambil mengawal penunjuk perasaan, polis juga terpaksa mengawal lalulintas bagi membolehkan konvoi Najib melepasi beribu-ribu kenderaan yang berada di atas jalan raya menuju istana.

Inilah kesannya apabila keputusan kontroversi dibuat untuk menobatkan Datuk Dr Zambry Abdul Kadir, bekas tahanan ISA bersama Datuk Seri Anwar Ibrahim sebagai Menteri Besar baru kerajaan negeri Perak.

Keputusan ini dikatakan kontroversi kerana Menteri Besar Perak dari Pakatan Rakyat, Datuk Seri Mohd Nizar Jamaludin masih ada disitu. Walaupun diperintahkan meletakkan jawatan bersama para Exconya, beliau memohon derhaka iaitu menolak titah Sultan Perak itu.

Dia berbuat demikian kerana merasakan dia tidak berhak dipecat sebegitu rupa. Inilah juga keputusan semua pemimpin beliau dari Pakatan Rakyat. Bagi Nizar, dia boleh meletakkan jawatan tetapi biarlah melalui undang-undang yang jelas bukan pakai titah begitu sahaja.

Menurut Tun Mohamad Salleh Abas, bekas Ketua Hakim Negara, jalan yang betul untuk menabalkan menteri besar baru adalah dengan menjatuhkan dulu menteri besar yang ada melalui undi tidak percaya di dalam sidang Dewan Undangan Negeri.

Setelah jatuh dan kumpulan yang baru mendapat undi percaya barulah dia sah untuk mendapat perkenan Sultan dan dilantik sebagai menteri besar.

Pandangan Tun Salleh sentiasa begitu walaupun ketika ura-ura Pakatan Rakyat pimpinan Datuk Seri Anwar Ibrahim mahu mengambil alih kerajaan Pusat 16 September lalu. Atas dasar pandangan inilah, Anwar dan pimpinan Pakatan beberapa kali meminta Abdullah mengadakan sidang Parlimen ketika itu.

Pandangan beliau berbeza dengan Profesor Dr Aziz Bari dari UIA yang mengatakan cukup dengan Yang Dipertuan Agung atau sultan berpuashati bahawa kumpulan berkenaan mempunyai majoriti yang cukup.

Dalam keadaan ada pandangan begitu pun, MB Perak, Mohd Nizar berpendapat, Sultan Perak tidak boleh membuat kesimpulan itu kerana bilangan Adun antara Pakatan dan BN kini sama banyak iaitu 28 - 28 di samping tiga Adun Bebas. Bagi Nizar, tiga Adun bebas itu pula kini sudah dipertikaikan keahliannya kerana Speaker Dun telah menerima perletakan jawatan mereka dan kes mereka kini ke mahkamah selepas SPR menolak diadakan pilihan raya semula di kerusi yang dikosongkan itu.

Oleh itu, dalam suratnya kepada Sultan Perak, beliau memohon perkenan baginda agar membubarkan Dun Perak dan mandat diberikan kepada rakyat untuk menentukan siapakah yang berhak mentadbir negeri Perak.

Namun, apabila Sultan kekal dengan keputusannya dan melantik Dr Zambry sebagai MB, rakyat tidak akan berpuashati. Maka berlakulah apa yang berlaku di Bukit Chandan hari ini. Benar, Dr Zambry berjaya mengangkat sumpah sebagai MB, namun kesetiaan rakyat tercalar.

Yang terlebih penting, apakah yang berlaku kepada Umno, BN dan khasnya Najib selepas ini.

Di Kuala Terengganu, pilihan raya yang dianggap referandum untuk beliau telah berakhir dengan keputusan menolak beliau. Bahkan dengan majoriti yang sangat besar. Sebelum itu, dia dimalukan di Permatang Pauh.

Ekoran pilihan raya Kuala Terengganu, semua pihak mengaku Umno dan BN perlu membuat perubahan besar-besaran. Najib sendiri mengaku tentang keperluan itu. Apakah perubahan itu? Bagi saya, berubah dari persepsi buruk rakyat kepada yang baik di mata rakyat.

Apakah masalah paling besar kepada Umno di mata rakyat. Bagi saya, amalan korupnya. Dari pemimpin tertinggi sehinggalah ke pengerusi Jawatankuasa Kemajuan dan Keselamatan Kampung (JKKK) dinilai sebagai korup.

Najib boleh berkata, apa yang dibuat Umno, iaitu mendapatkan Adun Pakatan adalah sama sahaja dengan apa yang cuba dibuat Pakatan pimpinan Anwar Ibrahim dari projek 16 September hinggalah penyertaan Datuk Nasarudin Hashim ke dalam PKR.

“Jika Pakatan buat boleh, bila Umno buat korup?” Najib boleh kata begitu.

Tetapi, jika dilihat kepada nature kes-kes itu jelas. Misalnya kes Jamaludin Mat Radzi dan Osman Jailu. Kedua-duanya sedang didakwa kerana rasuah. Menjelang beberapa hari sebelum kesnya disebut lagi untuk dibicarakan iaitu pada 10 Februari, kedua-duanya hilang. Timbul semula hanya di Putrajaya dan mengiytiharkan keluar dari PKR menjadi calon bebas. Kemudian membuat pengakuan kepada Sultan Perak menyokong BN untuk membentuk kerajaan baru.

Saya yakin, jika Gerak masih lagi badan bebas, kumpulan NGO anak buah Ezam Mohd Noor ini akan membuat laporan kepada Suruhanjaya Pencegahan Rasuah Malaysia (SPRM). Gerak akan mendakwa terdapat unsur-unsur rasuah yang jelas bagaimana Jamaludin dan Osman ini boleh menyokong BN hatta untuk menjatuhkan bekas kerajaannya.

Antaranya, jika didapati bersalah Jamaludin dan Osman akan hilang segala-galanya; jawatan Exco, Adun bahkan boleh dipenjarakan sehingga 20 tahun. Dari kehilangan semua ini, baik sokong BN.

Namun, kini Gerak tidak bergerak. Mereka sudah kenyang dengan isu 46 ekor lembu korban di Bandar Tun Razak sahaja.

Kesimpulannya, walaupun Umno dilihat menang dalam kes ini iaitu mendapat kerajaan Perak tetapi ia umpama pepatah Melayu sahaja, menang secumpak, rugi segantang. Berjaya rampas negeri Perak tetapi besar kemungkinan akan hilang selama-lamanya di mata rakyat kerana Umno sememangnya gagal bahkan sememangnya tidak mahu berubah.

KUASA RAKYAT & PERLEMBAGAAN DIPERSENDA

KAMAL AMIR MENULIS

Image

PIMPINAN Kerajaan Barisan Nasional dibawah teraju imam besar mazhab Islam Hadhari Abdullah Ahmad Badawi dan Dato’ Seri Najib meneruskan percaturan politik cukup “sempang peranang” dalam usaha mengapai kuasa sekali gus mengenepikan “suara rakyat kuasa keramat” serta dilihat bagai mempersendakan perlembagaan dalam menangani krisis politik di negeri Perak Darul Redzuan.

Situasi geruh serba kelam kabut saat menjatuhkan kerajaan Pakatan Rakyat dan “menendang keluar” Datuk Menteri Besar Perak dari menerajui pemerintahan di negeri tersebut dilihat cukup mengaibkanm serba memalukan serta amat diragui oleh pencinta aroma demokrasi.

Rakyat melihat dengan “jelek” dan merasakan sinario yang terjadi merupakan buah tangan cukup ternoda dilakukan oleh Abdullah Ahmad Badawi di penghujung era pemerintahannya sebelum diserahkan kepada Mohd Najib pasca peralihan kuasa.

Di sebalik situasi penuh gawat, bercelaru dan amat berserabut, ia bukan sahaja menjadikan hati rakyat digamit resah, benci dan kurang yakin terhadap hala cara kepimpinan Mohd Najib di masa hadapan, malahan turut mengundang “dendam” serta amarah berpanjangan hingga mencetuskan “sengketa” tanpa noktah antara rakyat dan pemimpin.

Kalaupun Baginda Sultan Perak telahpun bertitah meminta Datuk Nizar Jamaluddin berserta barisan “exco” kerajaan negeri untuk mengosongkan kerusi di pejabat pentadbiran negeri, namun hati rakyat bakal terus membara membenci dan berdendam terhadap Mohd Najib yang bertindak sebagai dalang utama hingga tercetusnya peristiwa “ciluk menciluk”, lompat melompat, culik menculik, ugut mengungut membawa kepada jatuhnya kerajaan Pakatan Rakyat.

Mantan Perdana Menteri Tun Dr. Mahathir Mohamad telah menyelar “al kisah” lompat melompat “ yang dilakukan oleh tiga orang anggota pakatan rakyat memberikan sokongan kepada Barisan Nasional di mana menurutnya persoalan “moral” serta persepsi rakyat pasti tercalar yakin mereka kepada Barisan Nasional.

Ini disebabkan dua anggota Pakatan Rakyat yang mengistiharkan dirinya keluar dari gagasan tersebut merupakan anggota exco kerajaan negeri pimpinan Pakatan Rakyat dan kedua-dua mereka sedang menghadapi perbicaraan di mahkamah berhubung tuduhan terlibat dalam kes rasuah.

Apakah tindakan kedua mereka itu bagaikan ada “udang disebalik batu” untuk mempastikan terlepas dari hukuman mahkamah atas tuduhan jenayah pecah amanah sebegitu? Kalaupun terbukti mereka tidak bersalah nanti, mampukah dipertahankan kewajaran serta mampannya proses perbicaraan serta keadilan ? Bolehkah rakyat percaya tiadanya sebarang campur tangan politik dalam penentuan sesuatu kes di mahkamah?

Sesungguhnya keyakinan rakyat terhadap institusi kehakiman cukup parah terhakis sejak era pentadbiran Tun Dr. Mahathir Mohamad membawa kepada musim Abdullah Ahmad Badawi. Dan kini Najib di lihat bagaikan mahu meneruskan legasi sebegitu dangkal. Bagaimana pula jadinya jika mahkamah mendapati kedua mereka bersalah? Apakah kerusi yang disandang oleh mereka tetap kekal tanpa diadakan pilihanraya kecil?

Atas kesedaran mahu melihat aroma demokrasi terus subur dan rakyat tidak berterusan menyingkirkan Umno di masa hadapan mantan Menteri Kewangan Tengku Razaleigh Hamzah melontarkan pandangan cukup ikhlas di mana menurut beliau Perlembagaan merupakan paksi utama dan terulung dalam aspek perundangan untuk ditegakkan. Malahan pemerintah dan duli Raja-raja turut bersumpah untuk melaksana serta mempertahankannya saat diamanahkan memegang teraju kuasa.

“ Dato’ Seri Nizar Jamaluddin adalah Menteri Besar Perak yang sah dari aspek perundangan dan perlembagaan melainkan jika beliau meletak jawatan atau disingkirkan melalui undi tidak percaya di persidangan Dewan Undangan Negeri. Tiada sebarang “provision” atau keizinan dalam perlembagaan boleh menyingkirkannya dari jawatan tersebut dengan apa cara sekalipun termasuklah melalui “petitions” atau tindakan di mahkamah mahupun melalui arahan dari mana-mana pihak berkuasa.

“Kerajaan sedia ada terjelma berasaskan dua prinsip utama yang termaktub dalam perlembagaan secara sah “legitimate” dan mutlak bukan terasas dengan kezaliman atau kekejaman menurut undang-undang rimba.

“Kerajaan yang sah (legitimate) memperolehi kuasa dari kepercayaan dan kerelaan rakyat berserta pemimpin dipilih menerusi pilihanraya bebas dan adil. Untuk mengetahui sah dan mutlaknya sesabuah kerajaan samada di Sabah, Sarawak atau Perak mahupun di mana – mana negeri hanyalah melalui pilihanraya untuk mendapatkan mandat rakyat. Inilah asas amalan kita atas nama “demokrasi berperlembagaan”.

“Dalam sistem demokrasi berparlimen, pembentukkan atau pembubaran sesabuah kerajaan yang dilakukan tidak mengikut lunas-lunas perlembagaan atau bertentangan dengan kehendaknya merupakan penghakisan perlaksanaan undang-undang (rule of law) memungkinkan tertubuhnya kerajaan yang tidak sah.

“Menyentuh persoalan sah atau tidak perlantikan mahupun pemecatan jawatan ketua kerajaan (Perdana Menteri ataupun Menteri Besar) Perlembagaan menetapkan hanya kepercayaan majoriti di Dewan Rakyat .atau Dewan Undangan Negeri sahaja penentu mutlak dan tidak boleh dilakukan di luar dewan atau melalui pengumuman, desakan, siaran media mahupun sebarang cara yang tidak dihalalkan oleh perlembagaan.

”Kuasa mutlak hanya diperolehi melalui hala cara menurut perlembagaan dan tidak secara paksa atau adanya elemen “jual beli” mahupun sogokkan. Inilah perundangan bagi membolehkan kita menubuhkan kerajaan, negara dan masyarakat . Teramat sukar untuk saya bayangkan kesan kepada pemilikan kuasa yang diperolehi diluar paksi perundangan. “ jelas Tengku Razaleigh.

Persoalannya apakah kerajaan Abdullah Ahmad Badawi dan Najib mampu menambah yakin rakyat serta memadamkan “kembara dendam” di masa mendatang kesan percaturan merebut kuasa yang cukup berkelam kelibut di Perak? Kecelaruan yang berlaku oleh percaturan songsang kedua pemimpin tersebut tentunya tidak memungkinkan situasi damai berpanjangan. Ini disebabkan menurut sifir nyata, Barisan Nasional sekadar memiliki 28 kerusi di Dewan Negeri, begitu juga dengan pakatan rakyat.

Bagaimana mungkin keputusan majoriti di perolehi melalui tiga wakil yang mengistiharkan diri mereka bebas? Apakah pengertian bebas sebenarnya? Adakah ia bebas kerana tidak bernaung dibawah mana-mana parti siasah atau bebas serta berkecuali dalam membuat sesuatu keputusan?

Menjadi kehairanan di kalangan ahli-ahli Umno, bagaimana tiga wakil dari luar parti Barisan Nasional boleh diterima sebagai ahli? Sudahkah ianya diputuskan oleh Majlis Tertinggi Umno dan Dewan Tertinggi Barisan Nasional?

Lebih misteri lagi kenapakah keputusan menerima ketiga-tiga anggota yang diluar Barisan Nasional dibuat dalam keadaan tergesa-gesa? Apakah kerana ada dendam yang belum terbalas atau ada percaturan baru yang bakal dicetuskan? Bagaimana pula jadinya nanti jika ketiga-tiga mereka kembali kepada parti asal yang diangotai atau hilang kelayakan sebagai ahli Dewan?

Alahai.... gayat dan cukup menyesakkan nafas jadinya landskap politik aserba cempera dan amat sempang peranang cetusan Abdullah Ahmad Badawi dan Mohd Najib Razak.

Lim Dares BN To Hold Snap Election In Perak

DAP secretary-general Lim Guan Eng challenged the Barisan Nasional (BN) to hold a snap election in Perak to show who commands the majority in the state.

Lim, who is also Penang Chief Minister, said power should be given to the people to elect a government that would lead Perak as was the case in the general election in 2008.

"We leave it to the people to determine everything. As it is, it appears that we are watching a movie where manipulation has led to a transfer of power which is not valid in terms of the law," he told reporters at his office, here Friday (6 Feb).

He said this when asked to comment on a statement by Education Minister and Umno Youth head Datuk Seri Hishammuddin Tun Hussein who was confident that the transfer of power in Perak could spread to three other states which were still ruled by the Pakatan Rakyat (PR) coalition namely Kedah, Selangor and Penang.

"Hold a fresh election and we will see whether he could wrest the state or otherwise. If he is truly a gentleman, I urge him to dissolve the Perak State Assembly and we fight it out in Perak," he said.

Lim described the BN government formed in Perak now as invalid as it did not get the full mandate of the people.

"The PR has 54% support while the BN has 46%. Which democracy states that the minority can rule the majority," he pointed out. (Bernama)

Tengku Razaleigh warns of election backlash

(The Edge) - Umno veteran Tengku Razaleigh Hamzah has warned of unintended consequences of Barisan Nasional (BN) taking control of Perak without resorting to elections, but through “dubious” defections.

“Our taking control without resort to elections would cement the enmity of the very people we should be trying to win back at the next elections. Come next general election, they are likely to reject both our state and parliamentary candidates with greater vehemence, and not just in Perak.

“Contests in a democracy are not a fight for survival in which anything goes. They are competitions to serve.

“BN should reform to improve its ability to serve with distinction. This is a long-term project that requires immediate focus. We do not need the distraction of transient, shaky victories when our task is to upgrade ourselves to win elections again, fair and square,” he said in a statement yesterday.

Tengku Razaleigh added that “this is the only sustainable way to win the public back to BN”.

“Umno is in critical condition. Our biggest challenge, both as a party and as the governing party, is to tackle corruption at every level. We are under close public scrutiny in addressing this problem. Unless we implement radical reforms and are seen to be doing so, we are finished politically come next election.

“Instead we are now seen to be ‘winning back’ Perak with the crossover of exactly the kind of low calibre individuals, as one commentator has put it, that we should shun,” he said.

KENYATAAN MEDIA UNTUK EDARAN SEGERA

6 Februari 2009

Pimpinan Pakatan Rakyat menyatakan rasa kesal terhadap tindakan biadap rampasan kuasa di Perak termasuk layanan terhadap YAB Dato’ Seri Ir Hj Mohammad Nizar Jamaluddin, Menteri Besar Perak di mana semua barangan telah dirampas dari pejabat beliau. Kami mengutuk sekeras-kerasnya tindakan tersebut.

Kami akan memfailkan satu saman bagi mencabar keabsahan perlantikan Menteri Besar yang baru dari Barisan Nasional. Panel peguam sedang mengkaji tindakan ini. Kami masih berpendirian bahawa YAB Dato’ Seri Ir Hj Mohammad Nizar Jamaluddin masih lagi Menteri Besar Perak yang sah.

Pada ketika ini pelbagai reaksi sedang ditunjukkan oleh rakyat sebagai reaksi spontan kepada krisis di Perak ini. Reaksi tersebut adalah untuk meluahkan rasa tidak puas hati terhadap penyalahgunaan kuasa oleh Barisan Nasional. Kami menggesa kepada semua agar bertindak secara aman dan tertib. Kami merayu agar pihak polis bertugas secara profesional dan tidak menimbulkan sebarang provokasi atau huru hara.

YB DATUK SERI ANWAR IBRAHIM
Ketua Pembangkang / Ketua Umum Parti Keadilan Rakyat (PKR)

YB LIM KIT SIANG
Ketua Ahli Parlimen Democratic Action Party (DAP)

YB USTAZ NASHARUDDIN MAT ISA
Timbalan Presiden Parti Islam SeMalaysia (PAS)

Perak Update

kkmosque
Protesters outside the Masjid Ubudiah this afternoon calling for the dissolution of the state assembly Photos by Annuar Ismail

17:47
About 2,000 people are now in the centre of Kuala Kangsar town, lining the street before the small bridge leading uphill to the Istana. They are clearly not amused by the turn of events.
17:49
They are jeering the gleaming black vehicles that could belonging to the new BN appointed exco members and showing them the thumbs down.

17:50
Riot police are lining the streets, facing the crowd but they do not attempt to chase them away.
17:50
They reserve the loudest jeers for any vehicle that looks as if it belongs to any member of the royalty.
17:54
They are now singing, "Altantuya, Mongolia!" to the tune of "When the saints go marching in"

Bubar Dun Perak, beri peluang rakyat memilih

Parti Islam SeMalaysia (PAS) adalah sebuah parti yang sah berdaftar dan senantiasa mendukung prinsip rukunegara termasuklah prinsip kesetiaan kepada raja dan negara, keluhuran perlembagaan dan kedaulatan undang-undang.

Kami sepenuhnya percaya bahawa kedudukan kesemua prinsip-prinsip rukunegara ini haruslah dihormati oleh seluruh warga di dalam negara kita ini untuk memastikan keharmonian dan keadilan yang menyeluruh terus terpelihara. Oleh yang demikian, PAS berpendapat bahawa suasana kekalutan yang sedang berlaku di negeri Perak Darul Ridzuan pada masa kini boleh dielakkan dari menjadi lebih buruk sekiranya prinsip asas yang merujuk kepada undang-undang negeri dan perlembagaan persekutuan dijadikan rujukan.

PAS berpandangan bahawa Menteri Besar (MB) Perak pada masa ini, iaitu Dato' Seri Ir. Mohammad Nizar Jamaluddin, hanyalah boleh diturunkan dari kedudukannya sebagai menteri besar menerusi undi tidak percaya yang dilakukan di dalam Dewan Undangan Negeri (DUN) semasa ianya bersidang.

PAS yakin bahawa sekiranya permohonan MB untuk membubarkan Dewan Undangan Negeri diterima, maka suasana yang tegang dan boleh menuju kepada satu krisis perlembagaan boleh dielakkan.

Pembubaran Dun akan membuka ruang kepada rakyat untuk membuat pilihan mereka menerusi satu pilihan raya yang menyeluruh di negeri Perak.

Saya juga ingin meminta kepada seluruh rakyat di negeri Perak khususnya dan seluruh ahli dan penyokong kerajaan Pakatan Rakyat di seluruh negara secara amnya supaya bertenang dan tidak terjebak dalam perangkap provokasi yang mungkin ditimbulkan oleh pihak-pihak tertentu.

Anger in Perak streets

Mohd Nizar 'booted out' of MB's office


Man down...man down. In the chaos following the tear gas release by police upon thousands of protestors near Istana Iskandariyah, in Kuala Kangsar, an unidentied man is seen collapsed on the road with vehicles avoiding him. It is all very new for the silver state - marches,police and tear gas. – Picture by Choo Choy May

PR warns of legal action against Sultan, BN

KUALA LUMPUR, Feb 6 — The Pakatan Rakyat will take legal action against the Sultan of Perak and Barisan Nasional if they persist in appointing a new BN menteri besar, scheduled for 3pm today at Istana Iskandariah in Kuala Kangsar, DAP chairman Karpal Singh said.

He said the PR had no option but to take the action because the removal of Perak Menteri Besar Datuk Seri Mohamad Nizar Jamaluddin by Sultan Azlan Shah, purportedly pursuant to Article 16 (6) of the state constitution, was clearly ultra vires the provision of that article.

"In law, the decision of the Sultan of Perak can be questioned in a court of law. I call on the Sultan to cease and desist from appointing a new BN MB and executive council later this afternoon," he told a news conference today.

Karpal said this action should in no way be constituted as a threat to the Sultan but was firm reminder that the Ruler was required to act within the parameters and confines of the constitution of the state of Perak, which is the supreme law of the state. — Bernama

Zambry sworn in after cops put down protest of thousands

UPDATED 4.10pm

By Adib Zalkapli, Lee Wei Lian and Neville Spykerman

KUALA KANGSAR, Feb 6 — Datuk Dr Zambry Abdul Kadir was sworn-in as the new Perak menteri besar by Sultan Azlan Shah today, soon after police fired tear gas and charged at more than 5,000 Pakatan Rakyat supporters outside Istana Iskandariah here.

There was little joy on the streets of this royal town after riot police broke up the large crowd of protesters marching towards the palace across the Perak River after Friday prayers to show their support for Datuk Seri Nizar Jamaluddin, the man whom they feel is still the legitimate menteri besar.

Riot police charged at the crowd and at one point a pitched battle was being fought between the two sides.

The police fired round after round of tear gas, injuring scores including a 10-year-old boy who fainted, as a convoy of vehicles carrying Barisan Nasional leaders, including Umno deputy president Datuk Seri Najib Razak, was trying to enter the palace grounds.

Many in the crowd have now dispersed all over the picturesque Bukit Chandan, where the palace and Ubudiah mosque are located in this royal town, after riot police continued charging at them for half an hour.

The situation remains tense outside the palace as several hundred protesters remain. Many others are still inside the mosque.
An unidentified state Pas representative has now joined police in asking the crowd to disperse.

The crowd had earlier joined Nizar for prayers at the Ubudiah mosque while preparations were ongoing for the swearing in of Zambry.

There was a standoff between riot police and supporters amid chants of "Reformasi" and "Allahuakbar". After failing to heed orders to disperse, police charged the crowd, some of whom ran back to the mosque to seek refuge. Some protestors were seen throwing bottles and other objects at the police.

In an immediate reaction, Perak DAP leader Ngeh Koo Ham said: "I'm very sad that the legitimate, peaceful demonstration in a democratic country was met with force.

"If the expression was peaceful, it should be allowed. It will be more dangerous if they go underground.”

Earlier today Pakatan Rakyat continued its futile bid to overturn the decision of Sultan Azlan Shah.

State Assembly Speaker V. Sivakumar said he would be writing to the Ruler by 3pm to ask for an emergency sitting of the state legislature, and for a postponement of the swearing-in ceremony.

This morning, Nizar was escorted out of his office by Ipoh OCPD Azisman Alias, while other Pakatan Rakyat state executive councillors were also asked to leave their offices, as the state's political impasse continued to take a turn for the worse in what is now a major constitutional crisis.

Nizar was also stopped from giving a press conference in the state secretariat building.

Earlier Nizar arrived at 9.50am in his official car.

"I feel good today. I am going to my office."

Datuk Ngeh Koo Ham was also here. They were allowed into the compound, which was being guarded by hundreds of policemen, while awaiting the swearing-in of Zambry.

It is understood the Pakatan Rakyat government plans to file a legal suit to challenge the legitimacy of a BN government, which they said is a result of a coup orchestrated by Najib.

State executive councillor Nga Kor Ming, who was yesterday asked to resign together with the Menteri Besar, also declared that the new Barisan Nasional government would not last.

"The Menteri Besar Datuk Seri Nizar Jamaluddin has not resigned," Nga told reporters, saying that the Pakatan Rakyat alliance would not recognise the new state government.

He begged Sultan Azlan Shah to reconsider the decision not to dissolve the state assembly.

Nga said the status of the PR administration can only be determined by the assembly after the question on the resignation by the three assemblymen has been solved by the courts.

"That was a very uncivilised, ridiculous way of handling the matter. We have been illegally removed from our office," said Nga, describing the manner in which they were chased out of the state secretariat.

Nga hinted that PR could retake the state soon and did not rule the possibility of BN lawmakers defecting to the alliance.

"I don't rule out the possibility. Let them be happy now, but they will regret very soon," said Nga.

Nizar is expected to boycott the official swearing-in ceremony at the palace in Kuala Kangsar.

Instead, he will be attending special prayers at the Ubudiah mosque, next to the palace. The public has also been invited to attend the prayers.

Nizar refused to resign yesterday when asked to do so by the Sultan, sparking the state's biggest ever political crisis.

But the BN takeover of the state is already a fait accompli, as Zambry is set to be sworn in today as the new MB.

Yesterday, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign.

As Nizar refused to resign, the post was declared vacant, although some constitutional experts say the proper and legal way for Nizar to be removed would have been through a vote of no confidence in the state assembly.

There are also conflicting views as to whether a Sultan, by convention, has any right to dismiss an MB, or the Yang di-Pertuan Agong a prime minister.

Nonetheless yesterday's decision has paved the way for BN to form the next state government.

The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.

"If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant," the statement said.

Before thousands of supporters last night, Nizar pledged "to fight to his last drop of blood" to defend the legitimacy of his government.

BN’s Zambry briefly in ISA detention after Anwar sacking


Protesters confront the police outside the mosque in Kuala Kangsar this afternoon. - Picture by Choo Choy May

KUALA LUMPUR, Feb 6 — In unseating Datuk Seri Anwar Ibrahim's allies from ruling Perak, Barisan Nasional has ironically put former follower Datuk Dr Zambry Abdul Kader as the state's menteri besar.

The two-term Pangkor assemblyman was in Umno Youth when Anwar was sacked in 1998 and was briefly held under the Internal Security Act together with several other Umno Youth leaders in the aftermath, including current Perak Umno deputy chief Datuk Ahmad Zahid Hamid.

They were released weeks later but Anwar spent six years in jail for sodomy and corruption convictions before the Federal Court freed him on Sept 2, 2004.

The 47-year-old was said to be close to many of Anwar's associates including then Penang Umno Youth chief Abdul Rahim Ghouse and political secretary Ezam Mohd Noor. He is thought to be one of those who facilitated the former PKR Youth chief's return to Umno.

His meteoric rise in Umno came in 1992 when he became Pangkor Umno Youth chief and later led the Perak Umno Youth. After winning the Pangkor state seat in the March 2004 general election, he was state executive councillor for education, human resources and multimedia.

Today, the Sultan of Perak will swear him in as the state's 11th menteri besar at the Istana Iskandariah in the royal town of Kuala Kangsar although Pakatan Rakyat's Menteri Besar Datuk Seri Mohd Nizar Jamaluddin is clinging on to the post and has refused a royal command to step aside.

While Nizar is an engineer, Zambry graduated with a bachelor's degree in economics from International Islamic University Malaysia in 1987 and four years later a master's degree in Islamic thinking from the same university. He was a property developer who is also an active writer and has edited several publications.

Born in Pulau Pangkor on March 22, 1962, Zambry is a father of five — three girls and two boys. In 2005, he was conferred the Royal Malaysian Navy's Honorary Lt-Commander award by Yang di-Pertuan Agong Tuanku Syed Sirajuddin Jamalullail and became the first politician to be given such an award.-The Malaysia Insider

Update dari Malaysiakini

kemaskini 4.22pm Mesyuarat beberapa pemimpin kanan Pakatan Rakyat di pejabat datuk Seri Anwar Ibrahim berlangsung selepas jam 4 petang tadi.

Mereka dijadual mengadakan sidang media, mengulas perkembangan terkini di Perak yang menyaksikan kewujudan dua menteri besar - Datuk Dr Zambry Abd Kadir bagi pihak BN dan Datuk Seri Mohamad Nizar Jamaluddin bagi pihak Pakatan Rakyat.

kemaskini 4.12pm
Majlis angkat sumpah menteri besar baru Perak selesai selepas bacaan doa mufti Datuk Seri Harussani Zakaria.

kemaskini 4pm
Ahli Dewan Undangan Negeri (Adun) Pangkor, Datuk Dr Zambry Abd Kadir mengangkat sumpah sebagai menteri besar baru Perak, memimpin kerajaan BN yang berjaya menumbangkan Pakatan Rakyat melalui usaha lompat parti.

Perak: The political crisis

15:07
Even at the back of the mosque, the teargas overwhelms me. A woman opens the back door of the mosque and beckons me in. I dash in and I am overwhelmed with the fumes.
15:08
For a few minutes, I lie on the carpeted floor of the mosque in the midst of 40 Muslim women who are praying.
15:10
Minutes later, I feel better
15:12
A kindly elderly woman comes to me and offers me lumps of salt. "Makan ini," she says with concern. Then she offers me a drink.My eyes smart like hell and the fumes make it difficult to breathe.
15:14
The "treatment" works and I feel better. Inside the mosque, a woman next to me says, "Sepatutnya meraka tidak boleh tembak dekat masjid."Outside the police are firing teargas at people emerging from the mosque. It looks as if we are quarantined in the mosque.
15:16
A loud murmur of prayer fills the mosque. "Allah is great, Allhamdullilah!"
15:18
I feel outraged. How can they do this?
15:20
I am still inside the mosque with a fellow journalists, among all the women who are gathered in prayer. We are protected from the teargas for now. Police are just outside the premises of the mosque.
15:20
[Comment From Guest] get a cloth and put water.... it will help and poll water on your eye. this happen in Berish KL.
15:21
Inside the mosque, beyond the partition, a thousand men are gethered in prayer.
15:22
The halls reverbrate with chants of "Ameen!" as the imam leads the doa selamat.
15:26
Phew, this is an unbelievable experience. Now the prayer leader's tone turns mournful as if in grief. He continues to recite the doa selamat as he pleads to Allah to protect the people from oppression. Yes, Allah, please help the rakyat.
15:27
[Comment From balan] god is watching all this.
15:28
People are still taking shelter in the mosque as the cries of "Ameen!" grow louder.
15:29
A deafening roar of Takbir! followed by Allahu Akhbar! vibrates throughout the mosque.
15:31
The prayers are now over and some people are venturing out of the mosque.
15:34
Let me load a picture now to give you an idea of the scene outside the mosque earlier.
15:38
People are wondering if anyone has been arrested.
15:41
[Standby] Be back later
16:05
About nine people are believed to be arrested.
16:07
I ask a few FRU personnel if it is true that a few people are hurling stones at them.He says, "Yes, you can see those stones here on the road."I look at the road and see a few stones on the ground. I asked him if he knew who threw the stones.He doesn't know and nobody in the mosque seems to know either.
16:08
A Pas leader asks the crowd to disperse peacefully and people are now leaving. The convoy of police trucks as left as well.
16:09
[Comment From Hanif Yasin] Anil...I pray for your safety. Take care bro
16:09
[Comment From Dee] Angkat sumpah dah selesai. Simpati dgn warga Perak. Dari Sabah

LATEST:

By Malaysiakini

3.58pm: Swearing-in ceremony for new Perak MB, Zambry Abdul Kadir, begins.

3.50pm: There are about 1,000 protesters still in Ubudiah mosque. About 10 people have been arrested during the 40-minute fracas between the crowd and riot police.

The remaining crowd is expected to wait for the swearing-in ceremony at the Iskandariah palace. According to PAS state assemblyperson Khalilul Rahman Abdul Samad, the protesters may attempt to block the main road again.

Swearing-in ceremony yet to begin at the palace.

3.45pm: No protesters could be seen in front of the Iskandariah palace where the new Perak MB, Zambry Abdul Kadir, is about to be sworn in.

3.33pm: State PAS leaders arrive at the scene and urge Pakatan Rakyat supporters to calm down. Swearing-in ceremony for new MB about to begin.

3.25pm: The situation calms down at the Ubudiah mosque. Several people are seen crying and scolding the police for firing tear gas into the mosque compound.

3.20pm: Police have finally cleared the blockade by the crowd and all cars are able to proceed to Iskandariah palace.

3.19pm: A vehicle with a yellow (royal) registration plate is pelted with stones by angry supporters.

3.18pm: Tear gas still being fired into the mosque compound. Deputy Premier Najib Abdul Razak's car enters the palace.

3.11pm: A group of protesters are lying on the road to block the passing cars.

3.10pm: FRU personnel manage to remove the bloackade and cars are passing through to the palace.

3.08pm: Tear gas is fired at those blocking the road. The FRU are also arresting those blocking the road.

3.06pm: About 300 people are blocking the road leading to the palace, stopping dignitaries and BN politicians from attending the swearing in ceremony.

3.04pm: The crowd is dispersed. Some are trying to block the road leading to the palace.

3.01pm: FRU charges at the crowd. A handful are seen throwing stones at the police.

2.59pm: More tear gas is fired into the mosque carpark.

2.58pm: Crowd retreats to the mosque.

2.50pm: Another round of tear gas is fired. Crowd refuses to back down with some throwing rocks at the FRU personnel.

2.43pm: Police tells the crowd to disperse.

2.41pm:The crowd swells to about 3,000 with some carrying banners calling on the sultan to dissolve the state assembly. FRU personnel are moving into position.

Perak: A constitutional crisis

By Malik Imtiaz Sarwar

FEB 6 — Now that the dust is settling, it is becoming clearer what it is that took place in Perak over the last 24 hours. My respectful view is that His Highness may have acted erroneously in directing the resignation of the menteri besar.

As always, it will be useful to consider the objective facts. They are as follows:

  • His Highness, the Sultan of Perak, granted audiences and in doing so was made to understand that the majority of the members of the Legislative Assembly no longer support the incumbent menteri besar. Of these, three memberships are disputed in view of letters of resignation having been tendered to the speaker. The speaker has taken the position that the letters are valid and as such the three members are no longer members. Further, legal proceedings are being contemplated
  • excluding the three disputed memberships, both the Pakatan Rakyat and the Barisan Nasional each hold influence over 28 members
  • 28 members have indicated in private to His Highness that they no longer have confidence in the incumbent menteri besar. With the two disputed memberships, this number increases to 31

Crucially, the directive was made in accordance with Article 16(6) of the Perak Constitution. This article provides that where a request for dissolution is made as a consequence of the menteri besar ceasing to command the confidence of the majority of the members of the assembly and His Highness refuses, the incumbent menteri besar must tender the resignation of the Executive Council.

From the above, it is apparent that His Highness considered the situation to be one in which the menteri 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.

It must be borne in mind that:

  • as noted above, Article 16(6) is specifically directed to a no-confidence scenario, that is the incumbent menteri 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 menteri besar. The manner in which the menteri 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 menteri besar when the menteri besar has ceased to command the confidence of the majority of the assembly.

It is apparent that His Highness had moved on the assumption that the request for dissolution was prompted by the menteri besar having ceased to command the confidence of the majority. This may have been based on a misapprehension of the situation and the appeal to the Sultan to dissolve the assembly for reasons other than confidence. If so, then the directive to resign was arguably not tenable.

However, it could be said that all things considered His Highness had come to the conclusion that in any event the menteri besar no longer commanded confidence. In this context, the central question is whether His Highness was empowered to conclude that the incumbent menteri besar no longer commanded the confidence of the assembly without there having been a vote of no confidence.

There is precedent. The Federal Court had in 1966 (Stephen Kalong Ningkan) determined that a similar provision of the Sarawak Constitution required there to be a vote of no confidence taken in the assembly before the chief minister was obliged to resign. The decision was based on several key factors that I believe to be relevant to this discussion. These were:

  • the Sarawak Constitution did not empower the Governor to dismiss a chief minister
  • the phrase “confidence of the majority” was a term of art and could be read as implying the need for a vote of confidence or a vote on a major issue. The court took into consideration the fact that the Sarawak Council Negri should, in principle, manage its own affairs
  • no vote had been taken in the Council Negri and instead the Governor had come to his conclusion based on extraneous matters, particularly confidential letters. The court observed that members expressing a view outside the Council Negri might very well take a different position in it when under the scrutiny of the public. This was of particular significance as out of the 42 members of the Council Negri only 21 had indicated their not supporting the incumbent chief minister.

It could therefore be credibly argued that the Perak Constitution requires the tabling of a vote of confidence in the circumstances. The factors considered by the Federal Court have great significance to the scenario at hand, one as ambiguous as that which the Federal Court was faced with in 1966.

Much will now depend on what the incumbent menteri besar does. In Stephen Kalong Ningkan, the chief minister concerned took it to court and won. The Federal Court declared the Governor as having acted unconstitutionally and the dismissal of the chief minister invalid. Mohamad Nizar could attempt the same course.

It would be regrettable if the situation were forced to escalate to that level. Litigation of that nature, any nature for that matter, will be disruptive at all levels. With the Barisan Nasional moving in already, it seems that there is little choice in the matter. Walking away is simply not an option that the Constitution and the people and democracy will allow for.

In the meanwhile, we will have to buckle in for what has become a full-blown constitutional crisis.

Malik Imtiaz Sarwar is the president of the National Human Rights Society (HAKAM) and a lawyer.

Cops fire tear gas as more than 10,000 protesters gather near KK palace

UPDATED 2.40pm

By Adib Zalkapli, Lee Wei Lian and Neville Spykerman

KUALA KANGSAR, Feb 6 — Police fired tear gas as about 10,000 Pakatan Rakyat supporters began marching towards the palace across the Perak river after Friday prayers to show their support for what is now the waning hour of embattled Datuk Seri Nizar Jamaluddin's administration.

The crowd had earlier joined Nizar for prayers at the Ubudiah mosque while preparations were ongoing for the swearing-in of Datuk Dr Zambry Abdul Kadir as the Barisan Nasional menteri besar.

There is a standoff now between riot police and supporters, amid chants of “Reformasi” and “Allahuakbar”. After failing to heed orders to disperse, police charged the crowd, some of whom ran back to the mosque to seek refuge. Some protestors were seen throwing bottles and other objects at the police.

Earlier today Pakatan Rakyat continued its futile bid to overturn the decision of Sultan Azlan Shah.

State Assembly Speaker V. Sivakumar said he would be writing to the Ruler by 3pm to ask for an emergency sitting of the state legislature, and for a postponement of the swearing-in ceremony.

This morning, Nizar was escorted out of his office by Ipoh OCPD Azisman Alias, while other Pakatan Rakyat state executive councillors were also asked to leave their offices, as the state's political impasse continued to take a turn for the worse in what is now a major constitutional crisis.

Nizar has also been stopped from giving a press conference in the state secretariat building.

Earlier Nizar arrived at 9.50am in his official car.

"I feel good today. I am going to my office."

Datuk Ngeh Koo Ham was also here. They were allowed into the compound, which was being guarded by hundreds of policemen, while awaiting the swearing-in of Zambry.

It is understood the Pakatan Rakyat government plans to file a legal suit to challenge the legitimacy of a BN government, which they said is a result of a coup orchestrated by Najib.

State executive councillor Nga Kor Ming, who was yesterday asked to resign together with the Menteri Besar, also declared that the new Barisan Nasional government would not last.

"The Menteri Besar Datuk Seri Nizar Jamaluddin has not resigned," Nga told reporters, saying that the Pakatan Rakyat alliance would not recognise the new state government.

He begged Sultan Azlan Shah to reconsider the decision not to dissolve the state assembly.

Nga said the status of the PR administration can only be determined by the assembly after the question on the resignation by the three assemblymen has been solved by the courts.

"That was a very uncivilised, ridiculous way of handling the matter. We have been illegally removed from our office," said Nga, describing the manner in which they were chased out of the state secretariat.

Nga hinted that PR could retake the state soon and did not rule the possibility of BN lawmakers defecting to the alliance.

"I don't rule out the possibility. Let them be happy now, but they will regret very soon," said Nga.

Nizar is expected to boycott the official swearing-in ceremony at the palace in Kuala Kangsar.

Instead, he will be attending special prayers at the Ubudiah mosque, next to the palace. The public has also been invited to attend the prayers.

Nizar refused to resign yesterday when asked to do so by the Sultan, sparking the state's biggest ever political crisis.

But the BN takeover of the state is already a fait accompli, as Zambry is set to be sworn in today as the new MB.

Yesterday, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign.

As Nizar refused to resign, the post was declared vacant, although some constitutional experts say the proper and legal way for Nizar to be removed would have been through a vote of no confidence in the state assembly.

There are also conflicting views as to whether a Sultan, by convention, has any right to dismiss an MB, or the Yang di-Pertuan Agong a prime minister.

Nonetheless yesterday's decision has paved the way for BN to form the next state government.

The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.

"If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant," the statement said.

Before thousands of supporters last night, Nizar pledged "to fight to his last drop of blood" to defend the legitimacy of his government.

Singapore does not want to test Kugan’s blood

PETALING JAYA, MALAYSIA: Singapore is reluctant to conduct lab tests on blood samples of A. Kugan, the suspected car thief who died in police custody.

This was revealed by the family lawyer, N. Surendran, who said pathologists at University Malaya Medical Centre had contacted their counterparts in the republic but they had not responded positively.

Surendran and Kugan’s family members were informed of this development by pathologist Dr N. Prashant, who conducted the second post-mortem on Kugan’s body.

The famliy has now decided to send the samples to a hospital in Australia.

“We cannot reveal the name of the hospital as we are afraid of interference by the authorities here,” Surendran said.
He said police had already called up Dr Prashant for questioning and he was surprised that they were still interfering.

Police had earlier said that they wanted to record a statement from Dr Prashant. Police are also waiting for the second post-mortem results to complete their investigations into Kugan’s death.

“We expect the results to be out in eight to 10 days,” Surendran said, adding that it was puzzling that so far no one had been detained or charged in connection with Kugan’s case.

“The Subang USJ police station is so small. I’m sure it is not difficult to detain the culprits. It has already been 16 days since Kugan died.”

Meanwhile, Kapar member of parliament S. Manikava-sagam yesterday handed a compact disc, containing footage of the incident at the Serdang Hospital mortuary, to Inspector-General of Police Tan Sri Musa Hassan at federal police headquarters.

“Police have alleged that the group of people had locked themselves in the mortuary and tampered with Kugan’s body.

“I gave him (Musa) the CD on the mortuary incident,” said Manikavasagam, adding that the family was upset that the police had summoned the pathologist for questioning.

“This clearly shows interference by the police.”

Kugan, 22, died in police custody while he was being interrogated on Jan 20. The case is being investigated for murder.

It was reported that 11 policemen are being probed. They have been reassigned to desk duties at the Selangor police headquarters.

- New Strait Times

Najib : Leave it to the sultan

Najib 'stepped on'

Vox Pop: The Perak missing crisis

BN gets ready for power while Pakatan clings on


Pakatan Rakyat Menteri Besar Datuk Seri Nizar Jamaluddin shows his desk drawer which has been emptied when he went to his office this morning. — Picture by Choo Choy May

By Adib Zalkapli, Lee Wei Lian and Neville Spykerman

IPOH, Feb 6 — Even as Umno deputy president Datuk Seri Najib Razak arrives for the swearing-in ceremony of the new Barisan Nasional Menteri Besar Datuk Zambry Abdul Kadir at 3.30pm in Kuala Kangsar, Pakatan Rakyat continues its futile bid to overturn the decision of Sultan Azlan Shah.

State Assembly Speaker V. Sivakumar said he would be writing to the Ruler by 3pm to ask for an emergency sitting of the state legislature, and for a postponement of the swearing-in ceremony.

Earlier, Pakatan Rakyat Menteri Besar Datuk Seri Nizar Jamaluddin was escorted out of his office by Ipoh OCPD Azisman Alias, while other Pakatan Rakyat state executive councillors were also asked to leave their offices, as the state's political impasse continued to take a turn for the worse in what is now a major constitutional crisis.

Nizar has also been stopped from giving a press conference in the state secretariat building.

Earlier Nizar arrived at 9.50am in his official car.

"I feel good today. I am going to my office."

Datuk Ngeh Koo Ham was also here. They were allowed into the compound, which was being guarded by hundreds of policemen, while awaiting the swearing-in of Zambry.

It is understood the Pakatan Rakyat government plans to file a legal suit to challenge the legitimacy of a BN government, which they said is a result of a coup orchestrated by Najib.

State executive councillor Nga Kor Ming, who was yesterday asked to resign together with the Menteri Besar, also declared that the new Barisan Nasional government would not last.

"The Menteri Besar Datuk Seri Nizar Jamaluddin has not resigned," Nga told reporters, saying that the Pakatan Rakyat alliance would not recognise the new state government.

He begged Sultan Azlan Shah to reconsider the decision not to dissolve the state assembly.

Nga said the status of the PR administration can only be determined by the assembly after the question on the resignation by the three assemblymen has been solved by the courts.

"That was a very uncivilised, ridiculous way of handling the matter. We have been illegally removed from our office," said Nga, describing the manner in which they were chased out of the state secretariat.

Nga hinted that PR could retake the state soon and did not rule the possibility of BN lawmakers defecting to the alliance.

"I don't rule out the possibility. Let them be happy now, but they will regret very soon," said Nga.

Nizar is expected to boycott the official swearing-in ceremony at the palace in Kuala Kangsar.

Instead, he will be attending special prayers at the Ubudiah mosque, next to the palace. The public has also been invited to attend the prayers.

Nizar refused to resign yesterday when asked to do so by the Sultan, sparking the state's biggest ever political crisis.

But the BN takeover of the state is already a fait accompli, as Zambry is set to be sworn in today as the new MB.

Yesterday, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign.

As Nizar refused to resign, the post was declared vacant, although some constitutional experts say the proper and legal way for Nizar to be removed would have been through a vote of no confidence in the state assembly.

There are also conflicting views as to whether a Sultan, by convention, has any right to dismiss an MB, or the Yang di-Pertuan Agong a prime minister.

Nonetheless yesterday's decision has paved the way for BN to form the next state government.

The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.

"If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant," the statement said.

Before thousands of supporters last night, Nizar pledged "to fight to his last drop of blood" to defend the legitimacy of his government.-The Malaysian Insider


Perak crisis tickles Dr M, not Kit Siang

KUALA LUMPUR, Feb 6 — The Perak constitutional crisis tickled Tun Dr Mahathir Mohamad's funny bone in his comments today about the latest shenanigans and its lessons for his one-time protege Datuk Seri Anwar Ibrahim while an unamused DAP strongman Lim Kit Siang asked the prime minister to support snap elections to end the political impasse.

In his chedet.cc weblog, Dr Mahathir said democracy allowed for a minority government, referring to Perak Menteri Besar Datuk Seri Mohd Nizar Jamaluddin's refusing a royal command to resign and make way for a Barisan Nasional government.

"But a minority government is weak. He can be toppled by a vote of no confidence by the majority in the state assembly if it convenes but maybe Pakatan won't want an assembly meeting," the former prime minister wrote, wondering who had a right to convene an assembly sitting and decide on the state leadership.

He warned that the opposition can do a lot to harm Perak if the minority government refused to convene the assembly.

"What can be done to a minority government if it remains and continues to harm the state? This situation is still vague as to my knowledge, there are no legal provisions for such situations," Dr Mahathir said, adding state officials might not follow orders although professionals must comply with instructions from a legally constituted government.

Saying that Malaysians can only watch the unfolding drama, the caustic politician pointed out that Anwar can take lessons from the drama.

"He is the one that really wanted the biggest party hopping on Sept 16. Oh! Mistake, Sept 24. Oh! A mistake again," Dr Mahathir wrote with glee about his protege-turned-nemesis whom he sacked in 1998.

He said he was tickled to hear Anwar's reaction to Bota assemblyman Datuk Nasharudin Hashim's double party-hopping in and out of Parti Keadilan Rakyat.

"Jumping in is okay but jumping out is not legal. Hee, hee, hee!" he wrote in ending his post.

But Lim remained unamused about the Perak crisis where his party had held 18 seats until Jelapang assemblywoman Hee Yit Foong quit to turn independent two days ago.

He said Datuk Seri Abdullah Ahmad Badawi should support the dissolution of the Perak State Assembly and have snap polls to resolve the political crisis in Perak and "resolve the political crisis in Perak and not to end his premiership with a constitutional scandal of two menteris besar in Perak”.

"Even if this is the only legacy of Abdullah in his five-year premiership, it will go a long way to strike a mortal blow at the bane of Malaysian politics — dishonest, unethical, immoral and money politics," the Ipoh Timur MP said in a statement.

He also called on Abdullah to advise his deputy Datuk Seri Najib Razak "not to create a constitutional scandal of having two menteris besar in Perak and to fully respect the constitutional process and the people's democratic right and mandate as expressed in last year's general election".

"The most democratic option is to return the mandate to the voters of Perak in a state-wide election to elect a new state government of their choice," Lim said.-The Malaysian Insider

Dilemma over law and tradition in Perak

Pakatan Rakyat supporters outside Nizar’s residence vent their anger by stomping on a poster of Deputy Prime Minister Datuk Seri Najib Razak last night. — Picture by Choo Choy May

KUALA LUMPUR, Feb 6 — The stand-off between Perak Menteri Besar Datuk Seri Mohd Nizar Jamaluddin and the Sultan Azlan Shah boils down to a squabble over a strict interpretation of the state Constitution and tradition, experts say.

Yesterday, the Sultan rejected Nizar's request to dissolve the state assembly and call for snap polls. The Menteri Besar has refused to accept that and plans an appeal. Legally, though, the Sultan has every right to do what he did.

The state Constitution gives the monarch the final say and his decision cannot be overruled. In short, without his consent, the state assembly cannot be dissolved.

But traditionally, the Sultan does not overrule the government of the day, political science lecturer James Chin told The Straits Times.

Sultan Azlan, who is a lawyer by training, himself wrote in a 2004 book on the Constitutional monarchy in which he commented on the sultan's power.

“His role is purely formal,” he wrote.

The Sultan does not have the legal power to force the Menteri Besar to resign, the way he tried to yesterday.

Last night, veteran Umno leader Tengku Razaleigh Hamzah released a statement commenting on the situation unfolding in Perak.

In it, he said that Nizar is lawfully the Menteri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the assembly.

“The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority,” he wrote.

Yet, because Malaysia's sultans wield considerable moral authority, it is rare to see their decisions being publicly disputed.

Datuk Param Cumaraswamy, a former United Nations special rapporteur for judicial independence, told Agence France-Presse that “a constitutional crisis is brewing” in the country.

The Barisan Nasional government is already proceeding as if it has regained control of Perak. Chin said that the opposition Pakatan Rakyat coalition might file a lawsuit challenging the validity of the new government. — Straits Times

Constitutional scandal of two Perak MBs - Abdullah should support dissolution and state elections

(Lim Kit Siang) The Prime Minister, Datuk Seri Abdullah Ahmad Badawi is wrong when he said that Pakatan Rakyat must now accept a new government in Perak just as Barisan Nasional had accepted the results of last year’s general election.

The comparison is totally inappropriate. In fact, he should be the last person to make such a statement if he is serious about national integrity and morality in politics and public affairs which is one of his major promises and biggest failures of his premiership.

Abdullah cannot be unaware that there is a world of a difference between last year’s general election result and the current political crisis in Perak engineered by Umno leaders.

Last year’s general election results were the outcome of the exercise of the constitutional and democratic rights of the people of Perak to elect the government of their choice, while the present attempt to oust the legitimate Pakatan Rakyat government by UMNO and Barisan Nasional is a most unethical and opportunistic power-play frustrating the verdict of the voters in the March 8 general election last year.

If Abdullah is sincere and serious in wanting to eradicate political corruption and introduce ethical and principled politics, which he had repeatedly professed publicly, he should dissociate himself from the coup d’etat orchestrated by Deputy Prime Minister and the new Perak Umno leader Datuk Seri Najib Razak in the illegal and unconstitutional power grab in Perak through the defection of three and re-defection of one Perak state assembly person.

I call on Abdullah to support the dissolution of Perak State Assembly and the holding of state elections to resolve the political crisis in Perak and not to end his premiership with a constitutional scandal of two Mentri Besars in Perak.

Even if this is the only legacy of Abdullah in his five-year premiership, it will go a long way to strike a mortal blow at the bane of Malaysian politics – dishonest, unethical, immoral and money politics – and give meaning to the National Integrity Plan which he had launched with such fanfare five years ago but with so little results so far.

Although the Sultan of Perak has rejected the application of the Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin for a dissolution of the State Assembly, Nizar is still the legitimate Mentri Besar until he has been voted out by a “no confidence” motion in the Perak State Assembly.

Until such time, there is no vacancy in the post of Perak Mentri Besar.

Abdullah should advise Najib not to create a constitutional scandal of having two Mentri Besars in Perak and to fully respect the constitutional process and the people’s democratic right and mandate as expressed in last year’s general election – and the most democratic option is to return the mandate to the voters of Perak in a state-wide election to elect a new state government of their choice.

LIVE: Perak’s political crisis continues

mbgate
MB Nizar tries to enter the gate to the state government complex before being allowed in. Photos by Annuar Ismail

mbpc
MB Nizar addressing a packed and dramatic press conference in the state government complex this morning

Anwar says Pakatan not going against the palace

by Adib Zalkapli (The Malaysian Insider)

IPOH, Feb 5 — Opposition Leader Datuk Seri Anwar Ibrahim said the Perak Menteri Besar’s refusal to resign despite the request by Sultan Azlan Shah did not mean Pakatan Rakyat was on a collision course with the Perak palace.

“Considering the spirit of constitutional monarchy and Parliamentary democracy, this takover if allowed will be a disaster to the democratic system,” Anwar told reporters after a meeting with PR leaders.

He added that only a dissolution of the state assembly and a state-wide election would solve the problem.

On the order by the state secretariat for the leaders to vacate the building, Anwar described the action as abnormal.

“The MB has not resigned, has not been dismissed. It is abnormal under the so-called democratic system,” he added.

DAP’s Lim Kit Siang described the takeover attempt by BN as a coup led by Datuk Seri Najib Razak.

“A month before Najib becomes the sixth Prime Minister, but today he has launched a coup de etat,” said Lim adding that Datuk Seri Nizar Jamaluddin was still the Menteri Besar.

“The PR government is still legitimate. This takeover is illegal and unconstitutional,” said the Ipoh Timor MP.

Earlier today Nizar was ordered to resign by the ruler as he was deemed to have lost the support of the majority of the state’s lawmakers.

The government has however refused to step down saying that BN has no majority in the assembly, claiming that the three independents who back the coalition have resigned as legislators.