1. The first motion to be voted on will be for the assembly to reaffirm its support for Pakatan Rakyat’s (PR) Datuk Seri Nizar Jamaluddin as the rightful mentri besar. The motion will be tabled by Titi Serong Pas assemblyman Khalil Idham Lim Abdullah.
   
   If passed, the motion will contradict Sultan Azlan Shah’s decision to appoint BN’s Datuk Zambry Kadir as MB after rejecting Nizar’s request for the state assembly to be dissolved.
   
   
2. The second motion up for a vote will be to seek for dissolution of the state assembly and pave the way for fresh polls. The motion will be tabled by PKR assemblyman Chang Lih Kang.
   
   If passed, this motion will throw up the question once again of whether the state ruler will even grant Nizar an audience as he now recognises Zambry as the MB.

UMNO's Lawyer (QC) for Perak Crisis
from UK (read: our former Colonial Master)
(photo courtesy of Screenshots)

• In 1985, Lord Lester gave a second opinion for Sabah governor Adnan Roberts and Chief Minister Joseph Pairin Kitingan in the suit brought by Mustapha Harun who was seeking to be restored to the post of Chief Minister..
  
  
• In 1995, Lord Lester gave his "second opinion" in another constitutional case – Amir Kahar Musta­pha v Mohd Said Keruak, Yang di-Pertua Negeri Sabah & Others

"NO member shall be liable to any civil or criminal proceedings, arrest, imprisonment, or damages by reason of any matter or thing which he may have brought by petition, bill, resolution, motion or otherwise, or have said before the Assembly or any committee."

"The Legislative Assembly (Privileges) Enactment 1959 read together with Article 72 of the Federal Constitution makes it clear that the conduct of any member of the Legislative Assembly in his/her capacity as a member and the validity of their proceedings are absolutely protected by immunity from civil or criminal proceedings for anything said or done" .

1. Onn Jaafar and Hussein Onn were men of unwavering principles, leaders of men and politicians who never flinched from standing up for what they believed in even when it was politically unwise and expensive to do so.
   
   
2. Onn Jaafar founded Umno and then left the party on Aug 26, 1951, to form the Independence of Malaya Party (IMP). He could have played it safe and gone with the flow but, like all men of principles and vision, he was not prepared to be a bystander.
   
   
3. Onn Jaffar preferred to resign from the party rather than compromise on his fundamental belief that it was time for Umno to admit non-Malays as full and equal members. He was criticised, attacked and demonised for his vision of one Malaya for everyone. But he refused to be cowed into fear.
   
   
4. Hussein Onn became the country’s third prime minister in 1976. A straight shooter, he had a zero tolerance policy on corruption .
   
   
5. Hussein Onn was responsible for taking action against the powerful party warlord Datuk Harun Idris.Harun was jailed for six years and this went down badly with party members. But Hussein made no apologies. A law had been broken and action had to be taken.
   
   He lived by this philosophy: “I would rather be politically unpopular than fail in my duty. What is one’s political future compared to one’s responsibility? It’s better if they curse me now than urinate on my grave later.”
   
   
6. Both men could have scored major political points with their party men if they just played ball, if they just focused on the needs and wants of Umno. They didn’t. And they paid the price.
   
   
7. Onn Jaafar left Umno and was treated like a nobody. Hussein Onn retired as the PM in 1981 and was never given the recognition that he deserved by his party. But they have something which money cannot buy – the true respect and admiration of Malaysians, many of whom are only now finding out about their integrity and deeds.

“When I think about my grandfather and father, their sacrifices, well, they never had it good either. Datuk Onn Jaafar was outside the party, out of Johor, too far ahead of his time.

“My father went through tough times. But basically it is something you do because it is in the blood,” he said.

“My dad was known as Bapa Perpaduan, my grandfather left Umno to get the non-Malays into Umno. How on earth after what I told you about legacy, and family name, can anybody call me a racist?”

• Would either one of them have made a show of holding up the keris at three consecutive party assemblies and then make a hash of an apology? Don’t think so.
  
  
• On the apology, this is what he told the NST: “I did it because I wanted to move on … I am still proud of the kris and I still have that picture of me in my office.”
  
  
• Would either Onn Jaafar or Hussein Onn have tolerated a highly polarised education system? Don’t think so.
  
  
• Would either Onn Jaafar or Hussein Onn have stayed silent watching the excesses of ruling party politicians and the dominance of racial politics in Malaysia? Don’t think so.
  
  
• Would either Onn Jaafar or Hussein Onn have leaned heavily on rhetoric? Don’t think so.

"Ini kerana Kerajaan Perak dahulu dipilih oleh rakyat, tetapi kerajaan Perak sekarang dipilih oleh dua tiga orang.

Tindakan mereka menjatuhkan Kerajaan Nizar itu tidak pun terasa bersalah, namun apabila tindakan yang serupa berlaku ke atasnya dianggap satu kesalahan.

Jahat. Inilah fikiran gangster.

Nilaikan, mana lebih baik menyerahkan kepada rakyat memilih kerajaan yang disukainya berbanding kerajaan yang dipilih oleh "gangster-gangster" itu?

Dan taraf gangster berbanding dengan kerajaan adalah serupa, sama ada presidennya, peraturan atau polisnya.

Cuma yang berbeza ialah gangster itu haram, manakala kerajaan itu halal, namun dari segi peraturannya adalah serupa.

Saya masih bertegas bahawa pilihan raya semula hendaklah diadakan di Perak.

Menteri Besar Ir Nizar sudah pun menyembahkan perkara itu kepada Tuanku (Sultan Perak) supaya Dewan Undangan Negeri dibubarkan."

"Pak Lah dipilih menjadi Presiden (Umno) dan Perdana Menteri Malaysia untuk lima tahun, kenapa dia sanggup berhenti. Kalau Pak Lah (mahu) berhenti kerana bersalah, tidak usaha tangguh hingga Mac, berhentilah segera.

Tapi kalau dia merasa tidak bersalah, kenapa hendak berhenti juga.Di situlah terletaknya kesilapan Pak Lah. Adalah tidak betul apabila sejak awal lagi dia tunduk kepada pihak yang menyuruhnya berhenti.

Itulah puncanya oleh kerana mereka tidak menjaga undang-undang sedangkan undang-undang itu sendiri merupakan titik pertemuan di antara segala kebaikan dan kejahatan.

Yang jahat tidak boleh memberi peluang kepada kejahatannya, manakala yang baik pula tidak boleh ditindas.

Titik pertemuannya ialah undang-undang. Apabila undang-undang itu sendiri dipijak, maka akhirnya menjadi huru-haralah."

“Those who are willing to destroy or damage the royalty and betray the country will pay the price.

Who says Umno Youth has no spirit and is not brave? We will show them. What do we do to these traitors? We drive them out.

Our independence and the freedom to choose our government was only gained with the support of the rulers yet certain individuals are willing to give this away.

It is not BN culture to demonstrate on the streets."

UMNO protesting the Terengganu Sultan’s decision last year
to reject Idris Jusoh as the state’s Menteri Besar.
("Natang" is Binatang ie Animal)

Note: A Vote for MCA is a Vote for UMNO

“Stop your baseless allegations. What is true remains true and what is false remains false,” he said.

1. block the entry of the three independents, Jamaluddin Mohd Radzi (Behrang), Mohd Osman Jailu (Changkat Jering) and deputy speaker Hee Yit Foong (Jelapang), and create a hung assembly with 28:28 ratio of BN:PR assemblypersons. The three PR party deserters have disputed their undated and pre-signed letters of resignations with the Election Commission. But as far as PR is concerned, they are resigned from their elected positions.
   
   
2. block any motion to pass a BN-initiated vote of no-confidence against Nizar; and,
   
   
3. block any attempt to vote him out as Speaker. The Speaker is elected by the House, and can only be removed by a vote, his resignation or if he ceases to become an assemblyperson.

Another possibility would be for all the 28 PR assemblypersons to protest the new BN government by not attending the assembly when it convenes.

"They would render the house dysfunctional. The BN assemblypersons on their own cannot elect a Speaker without first having removed Sivakumar. The House cannot proceed without a Speaker," Asri says.

PR can arguably say that the partisan actions of its Speaker are meant to let the will of the people settle the impasse through a snap poll.

Ipoh-based Asri believes this is inevitable. He speculates that Sultan Azlan Shah will be left with little choice.

He also believes that BN itself is considering this possibility, based on Prime Minister Datuk Seri Abdullah Ahmad Badawi's statement that he will brief the Conference of Rulers on Perak's political crisis at their next meeting.

"I wouldn't be surprised if the PM will seek the advice of the Conference of Rulers on a dissolution. It would be convenient for Umno to say they have to abide by the Rulers' decision as they have been rallying in support of the royalty."

Emergency Rule

Legal experts today weighed in on the constitutional crisis in Perak, unanimously agreeing that emergency rule should only be used as a last resort in solving the political stalemate in the Silver State.

Dr Abdul Aziz Bari (constitutional law professor)

The law is clear. The speaker is the man of the House, and the House is exercising its power.

BN, of course can challenge the speaker's decision, but I doubt that they can succeed. The speaker's authority is rarely challenged, even in the United States and Commonwealth countries.
Under Article 150 of the Federal Constitution, only the federal government has the power to declare emergency rule.

It is an open secret that the Perak crisis was orchestrated by the federal government, so we cannot rule out the possibility of an emergency rule in the Silver State. However, although the federal government has the legal right to impose emergency rule in Perak, it is politically insensible to pursue such a course.

People today have seamless access to information and communication, unlike in 1977 when Kelantan faced its own constitutional crisis. BN's popularity is already waning, and the declaration of an emergency rule will only accelerate their decline.

The federal government must also have the king's consent to declare emergency rule. Though traditionally, the king takes the advice of the prime minister, he also has the discretion to refuse emergency rule as he sees fit.

The cause for an emergency rule can be very wide: it can be triggered by political or economical reasons, and even natural disasters.

At the end of the day, the best solution would be to dissolve the state assembly and hold a snap election.

Both governments must consider the welfare of the people at a time when recession is looming. It seems like BN is more preoccupied about clinging on to power.

Dr Shad Saleem Faruqi (constitutional law professor)

Emergency rule should always be the last resort. Apart from emergency rule, there are three other alternatives that may be pursued to break the constitutional deadlock in Perak.

• The first and most obvious one is to hold fresh state elections.
  
  
• The second option would be for the House to summon the assembly to session and overturn the decision of the special privileges committee.
  
  
• Under Article 150 (63-64), the Perak sultan may also consult the Federal Court on the best possible course of action.

Malik Imtiaz Sarwar (human rights lawyer)

On the surface, it appears that V Sivakumar acted within his powers when he referred Zambry Abdul Kadir and the BN executive councillors to the special privileges committee.

This incident also highlights the separation of powers between the executive and the legislature. The menteri besar is the single most powerful person in the EXECUTIVE.

In the legislature, it is the Speaker who is in charge.

If Zambry and his excos do not want to recognise the suspension, then they will have to file an application to court to seek judicial redress. He can also file a notice of urgency for the matter to be heard as it is of public interest.

Yeo Yang Poh (former Bar Council president)

The only way to solve the constitutional crisis in Perak would be to solve the root of the problem, which is the failure to expeditiously return the power to the people in Perak to decide who should constitute their assemblypersons.

Apart from holding fresh state elections, there are many courses that both Pakatan and BN can pursue.

The only sensible, clear-cut solution to this constitutional crisis would be to hold fresh state elections, and let the people decide once and for all the leaders they want.

Regardless of the outcome of the elections, it is one that all parties will have to accept and there will be no more room for ambiguity.

Elizabeth Wong's Ex-Boyfriend Sought

From Malaysia-Today

Excerpts:

MALAYSIAN police are seeking the ex-boyfriend of opposition politician Elizabeth Wong after photos of her in the nude were circulated.

He has been identified as Mr Hilmi Malek (above), 32, who worked as a personal assistant to lawmaker PKR's Hee Loy Sian for nine months after last year's March general election.

According to the Malay Mail, Mr Hilmi has been missing since last Saturday, with unconfirmed reports saying he has left the country.

The paper quoted Mr Hilmi's colleagues as saying they were aware of his relationship with Miss Wong and that the latter had revealed that they had split up recently.

Selangor police chief Khalid Abu Bakar said they had received two nude photographs, and a CD, of the 37-year-old Wong from a Malay Mail journalist.

The photos, which have been circulating since last week, reportedly show Miss Wong partially covered by a sarong. It is not known how the private snaps ended up in public circulation. She is now on leave.

Trojan Horses in Pakatan Rakyat

Prominent blogger and opposition MP Jeff Ooi wrote on his blog that this would be the second time a politician's aide was involved in such a scandal, and suggested they were 'trojan horses'.

He cited the earlier example of opposition leader Anwar Ibrahim's aide Saiful Bukhari Azlan, who had accused Mr Anwar of having sodomised him.

'I believe there is a dire need for all Pakatan Rakyat leaders and elected representatives to beware of trojan horses in our earnest deeds to recruit new blood and party cadres,' he wrote.

It took me six months to be nice, to bribe each and every individual to get back into their good books before our files were attended to. That was my personal experience. I am telling this to all the clerks and all the registries to stop this nonsense.”

“Your reporter must have interpreted what I said which is during that period there was corruption in order to get things done at the court registry, as I myself having done it. I have never in my life bribed or received any bribe.”

1. Saying, “I am the MB for all” sounds like Abdullah Ahmad Badawi saying “I am the PM for all Malaysians.” OF COURSE, you are the MB for all.
   
   
2. Reducing the number of Exco members to six was good but when media asked for the reason, the reply was very disappointing. He said he could have between four and 10, and chose six.If he had said, bearing in mind we are facing a very serious economic recession: “I decided to reduce the size of government to save money. I think seven of us can manage” would have been brilliant.
   
   
3. Then next day he appointed four advisors and gave the posts to MIC, Gerakan and UMNO, and said these advisors are as important as Exco members. So he is CREATING posts for BN component parties. Therefore, nothing has changed.
   
   
4. The Perak voters unequivocally rejected both the MIC and Gerakan in the 2008 general election. Why then brought them in by the backdoor? The MIC and Gerakan should have been principled enough to reject the appointment.They should have the honour to tell their respective communities that “you rejected us in the election, so you do not have the right to have representation in government. If you want us to represent you, you must vote us in.” Instead MIC got the cheek to be demanding and asked for the Speaker’s post.
   
   
5. Even if he wants to win back lost seats and must show that he is the MB for all, he surely can choose other more outstanding Chinese and Indian representatives. Surely there are enough outstanding, honest and intelligent Indians and Chinese OUTSIDE MIC and Gerakan in Perak who would be willing to make sacrifices and perform public service. Approach them, offer them these advisory posts but salaries and allowances must be LESS than that of Exco members. Then people will see that the new MB really means what he says, i.e. being the MB for all.
   
   
6. Then why did he leave out the Orang Asli who are numerous in Perak and representatives of the NGOs? The MB must reach out to everybody.
   
   
7. He must come out with a policy statement to say he is against corruption, cronyism and only those who are clean and with integrity will be called upon to serve the state.
   
   
8. He wants his Exco to declare their assets. But he must make the rakyat believe that the declaration of assets is serious and transparent.
   
   
9. He should be visiting all districts and as many villages as he can to listen to the problems faced by the rakyat. If he can’t solve them within two weeks, he must give them reasons. He should promise efficient and prompt service.
   
   
10. He must insist that District Officers live in their respective districts and not in Ipoh. He said he wants to see projects implemented on time with no cost over-run.
    
    
11. His office is open to all – to those who voted for BN and those who voted against. He should try to solve ALL the rakyat’s problems. He must promise ACTIONS. Promises alone are not enough. He wants to be judged by results.

"This is not a constitutional crisis but it involves the tactical aspect in politics.

Nizar has sought to declare Zambry's appointment unlawful under Article 16 of the Perak constitution and there is basis."

"All these irregularities and contradictory decisions underscore the importance of a democracy which is to respect the will and power of the people.

Power comes from the people and leaders should be elected and dismissed by the people.

All decisions on the constitutionality of any government should rely on the PEOPLE."

A full scale election should be held to show that democracy is at work. Government and legislature must be held accountable for its action.

People have the sovereign right to exercise their democratic right in this scenario."

• He ceases to be a member of the Perak Legislative Assembly, in other words he is no more the State Assemblyman for the seat of Tronoh.
  
  
• He is disqualified from holding other office, or
  
  
• He resigns on his own accord.

1. Preventing the the 3 former Pakatan Rakyat defectors, to enter the State Assembly because they have "resigned" from the assembly. The Perak Speaker had previously declared that assemblymen Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong had vacated their seats after he received their resignation letters.That will result with BN having 28 members in the House to PR's 27, with DAP Sivakumar as speaker.
   
   When asked whether he would bar the three independents from entering the Dewan when the August house sits, Sivakumar told the press,

   "The three ceased to be Perak state assembly members when I submitted their resignation letters to the Election Commission."

   Even if the 3 defectors go to court and win their case, that will not the fact that Sivakumar will continue as Speaker.
   
   
2. If for any reason, Sivakumar has to vacate as Speaker of the State Assembly, the Perak constitution says the State Assembly cannot conduct any business while the office of Speaker is vacant, other than the election of a Speaker. Then the situation becomes a HUNG LEGISLATURE, since both BN and PR each has exactly 28 members.
   
   With no clear majority, BN's Menteri Besar Datuk Dr Zambry Abdul Kadir will have no choice but to seek the dissolution of the House and obtain consent from the Perak Ruler for fresh elections.
   
   However the sentiment of the people is clearly against BN and it would want to avoid statewide elections at all cost. "I believe they will opt to retain Sivakumar," said Teng.
   
   
3. If the court decides that the 3 defectors have not "resigned", Sivakumar as Speaker still wields considerable discretion in the State Assembly to cause difficulties and problems to the BN Government and MB Sivakumar. Teng said, "The speaker's decision on the Standing Orders cannot be challenged except by way of motion (a lengthy process which includes holding a debate in the House)."
   
   In this case, the Perak Sultan, as a constitutional monarch would not want to seen interfering in the business of government openly or behind closed doors.

According to the report by Star , Perak state assembly Speaker V. Sivakumar had summoned Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six newly sworn-in state executive councillors to face the state's Committee of Special Privileges.

Sivakumar's took action following complaints made by Canning assemblyman Wong Kah Woh to the Committee of Special Privileges. The state's Committee of Special Privileges had decided on Friday to call the seven BN Exco members to face it on Feb 18 at 2.30pm.

Speaker Sivakumar told reporters at the State Secretariat on Saturday he had asked the Assembly Secretary Abdullah Antong to send letters to the seven requesting their presence on that day. He said the basis for Wong's complaints was that the seven had shown contempt of the House.

Sivakumar said what he did was to follow procedures laid down in the Assembly. He added.

"The committee exists and any member of the House has the right to complain against another."

In an immediate response, Dr Zambry said he had yet to see the letter sent by Sivakumar.

The Perak situation was a crisis waiting to happen. And it would not take that long to happen. One false move and the DAP-PKR-PAS loose coalition government of Perak would collapse. And it did collapse because two of the PKR people walked into a trap and found themselves faced with corruption charges.

But the problem does not end here.

1. Outcome From Corruption Charges Against the 2 "Independent" State Assemblymen
   
   What happens to the corruption charges against those two ‘independent’ State Assemblymen? Will the charges now be dropped? If the charges are dropped then it would become too obvious. But if the charges remain and they face trial, then another problem crops up.
   
   If the trial reveals they were fixed up, then Barisan Nasional would look bad. But if they were not fixed up and really are guilty of corruption, Barisan Nasional would also look bad. Both ways Barisan Nasional would look bad.
   
   And if they are found guilty because they really are guilty then there will be two more by-elections in Perak, which the opposition will surely win. And we will end up with 30 opposition seats against only 29 from Barisan Nasional.
   
   This means the Perak government will again change hands like it did last week, but this time from Barisan Nasional to a loose coalition of DAP, PKR and PAS.
   
   
2. The Expected Resignation of "Independent" Hee Yit Foong
   
   Then we have the problem of Hee. She is expected to resign due to the pressure she is facing. This means yet another seat will fall vacant and yet another by-election will be held.

Maybe over the 11 months since 8 March 2008, the loose coalition of DAP, PKR and PAS was running Perak with uncertainty about its future. But the new Barisan Nasional government of Perak is not on any more solid ground than the previous government. It too faces the possibility of being driven out of office.

What will the final curtain be?

I predict Perak will again change hands in the not too distant future.

And since the Sultan of Perak has already set the trend on how governments shall change, the same formula will have to be applied once DAP, PKR and PAS, combined, have more seats than Barisan Nasional.

The knife, as they say, cuts both ways.

In the long run though, the victors may have to pay a high price for the Perak "coup".
What the four defectors in this Shakespearean drama will actually gain is not clear in any way. Aside from whatever might have been promised them by the BN, their political future looks very bleak indeed.

The two PR-defecting assemblymen were, and are, facing corruption charges. The BN offer for them to switch sides promised them some respite.

But as with Datuk Nasaruddin Hashim, the BN defector who triggered the drama on Jan 26 and who re-defected 10 days later, the duo cannot expect a long career in politics.

DAP's Hee Jit Foong's decision to fell the government — whether done for monetary gains, for position or to spite her party — has made her a hated person in her constituency, and it is a mystery how she imagines to continue being in the public eye after her defection.

The lesson that the PR has to learn from this is that it cannot hope to achieve stable and good governance in the long run if incompetence and a lack of commitment continue to riddle its ranks.

Many of its state assemblymen gained positions beyond their ability to manage following the March 8 voter revolt. The PR will have to take on the uncomfortable task of dismissing inept loyalists and replacing them with new talents in some graceful fashion.

It will also have to imagine a life after Anwar. To do that, it has to form coalitional institutions to keep dialogue and understanding alive among its members.

As for the BN, the price that it will have to pay will not be small. Further polarisation has now taken place, not least among Perakians, and much anger has been stirred up against Najib's methods.

This will make it practically impossible for non-Malay BN parties in the north to campaign in any effective fashion in coming elections.

The Perak crisis also reminds Malaysians that the war between the coalitions will continue for a long time to come, and where the peninsula is concerned, it will be fought in the electoral frontline states of not only Perak, but also Kedah and Negri Sembilan.