BN's Illicit Power Grab in Perak: HIGH NOON on 3 March (Tuesday) for BN, Pakatan Rakyat and the Perak Sultan

Read here for more and here in Malaysian-Insider

Perak legislative Speaker V. Sivakumar has called for an emergency sitting of the state assembly next Tuesday in a move that could see the Barisan Nasional (BN) government voted out of power and further complicate the constitutional impasse.

Sivakumar is invoking the assembly’s standing orders 8 and 11 to call for the emergency sitting to vote on two motions in relation to the state’s constitutional impasse.

The two standing orders give him the powers to call for an emergency sitting of the assembly.

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.

Under the state constitution, the Sultan can use his discretion to decide whether to consent to dissolution of the state assembly.

Notices have been sent out to all assemblymen except for the mentri besar Datuk Zambry Kadir and the six BN state executive councillors. The seven BN members were recently suspended from the assembly for between 12 and 18 months.

Notices were also not sent to the three former Pakatan Rakyat (PR) assemblymen who are “friendly” to BN.

This means that if all PR assemblymen vote in favour, the two motions will be passed.

But Zambry has already stated he intends to attend any sitting of the assembly. This could turn the sitting into chaos as Sivakumar could order the BN man out of the assembly.

Perak Legal Advisor Interfering with Business of the State Assembly

The Perak state legal advisor is trying to block state representatives from being notified of an emergency sitting of the state assembly on March 3rd.

According to DAP Perak chairman Ngeh Koo Ham, the legal advisor, Datuk Ahmad Kamal Mohd Shahid, has directed the house secretary not to send out notices of the emergency sitting.

Ngeh says that this obstruction is in “contempt of the house” and is liable for punishment under house rules.

“The legal advisor has NO business to intervene in the process of the house,” Ngeh told The Malaysian Insider.

“He is not an advisor to the speaker or the house. He cannot stop the process and the final decision on whether to send the notices out lies with the speaker.”

To work around the obstruction, a press conference was held in Ipoh today and the speaker will explore other means of sending out the notifications.

Only 49 notices will be sent out. Menteri Besar Datuk Zambry Abdul Kadir and his six exco members will not received a notification as they were recently suspended by the speaker.

Neither will the three state assemblymen who switched support to the Barisan Nasional (BN) earlier this month as they are regarded as having resigned.

If all goes according to plan, PR will have 28 assemblymen to BN’s 21 in the emergency session.

Zambry had earlier told The Malaysian Insider in an interview that he will defy his suspension, maintaining that the speaker had no jurisdiction for suspending him unilaterally for something that happened outside the assembly.

Reiterating PR’s stand that power was grabbed unconstitutionally in Perak, Ngeh says that the protracted battle is damaging to the state and its citizens and called upon the prime minister to advise Zambry to agree to dissolve the state assembly.

“Or hopefully, Sultan Azlan Shah can get parties to sit together and find an amicable solution. Let the people choose their government and their leaders.”

President Obama Nominates Chinese-American as Secretary of Commerce

Read here and here and here and here






President Barack Obama on Wednesday nominated former Washington Gov. Gary Locke, a Chinese-American, as the Secretary of Commerce.

Gary Locke's grandfather is a immigrant from China.Mr Locke was the first ever Chinese-American to serve as a state governor in the US.

Gary Locke would be the THIRD Asian-American in Mr. Obama's Cabinet, along with Energy Secretary Steven Chu and Veterans Affairs Secretary Eric Shinseki.

President Obama said:

"Gary will be a trusted voice in my cabinet, a tireless advocate for our economic competitiveness, and an influential ambassador for American industry who will help us do everything we can – especially now – to promote it around the world.

Gary knows the American dream. He's lived it. And that's why he shares my commitment to do whatever it takes to keep it alive in our time."

As the commerce secretary, Locke will head an agency that oversees everything from international trade to the National Weather Service and from the census to fisheries.

He'll also be part of the administration's economic team.

President Obama noted that Locke's grandfather left China more than 100 years ago on a steamship bound for America, where he had no family. He worked as a houseboy for a family in exchange for English lessons. The family lived less than a mile from the governor's mansion in Olympia, where Locke and his family later lived.

Locke told Obama in accepting the nomination:

"My grandfather came from China as a teenager and worked for a family as a houseboy in exchange for English lessons - just one mile from the Governor's Mansion.

It took our family 100 years to move that one mile, a journey possible only in America.

My family's story is America's story."

Locke has a long history of public service. He was a deputy criminal prosecutor in King County, Washington State, from 1976 to 1980 and served in the Washington state legislature for 11 years. He was elected governor in 1997 and served two terms.

In Washington State, Gary Locke has a reputation as a policy wonk and a strong manager. Denny Heck, a longtime friend of Locke's from the state legislature, says Locke also brings a squeaky-clean reputation.

Locke has significant experience working with business and trade issues. As governor, he oversaw a state with a diverse economy that included corporate giants Boeing and Microsoft.

As governor of Washington from 1997 until 2005, he embarked on eight trade missions to China and Taiwan. He even established a trade representative in Guangzhou, a booming provincial capital in southern China. Since leaving office, Mr Locke has retained close ties with China.

He is currently a partner at a law firm, specialising in China, energy and governmental relations practice. China is a major focus in his law practice, and he was instrumental in bringing Chinese President Hu Jintao to Seattle to meet with business and state officials in what was Hu's first visit to the United States.

Gary Locke - Personal Profile

Gary Faye Locke, an Anglicized version of his Chinese name, Lok Ga-fai, was born on Jan. 21, 1950, in Seattle, the second of five children of Jimmy and Julie Locke.

For his first five years the family lived in the Yesler Terrace low-income project on a hilltop overlooking the Chinatown-International District and downtown Seattle.

His parents had a restaurant in the Pike Place Market and later a small grocery.

A shy Eagle Scout and choir boy, Locke parlayed scholarships and loans into a political science degree at Yale University, weighed careers in forestry, teaching and urban planning, earned a law degree from Boston University, returned home and worked for five years as a King County deputy prosecutor.

Increasingly active in politics, he became a staff attorney for the state Senate in 1981 and the next year won election to the House, ousting Peggie Maxie, a veteran incumbent and fellow Democrat.

By his third term he was chairman of the budget-writing House Appropriations Committee, funneling money into education and other pet programs. He left that post after being elected King County executive in 1993.

The next year he married Mona Lee, a KING Television reporter when they met on a date arranged by friends. They have two daughters, Emily Nicole, 11, and Madeline Lee, 3, and a son, Dylan James, 9.

From a bachelor described in 1991 by the Seattle Weekly as "The Man Who Mistook His Life for the Legislature," Locke was suddenly a family man.

"There's a change. I spend more time with family and friends and I try to be a little more efficient at the office so I have more free time away from the office," Locke told The Associated Press during his successful run for governor in 1996.

"Mona's the best thing that's ever happened to me," he said. "I don't know if I'm warm and fuzzy. I think I have a little bit better appreciation of family relationships and obligations to family members, and the need to be aware of others."

As governor, Locke secured the assembly of the Boeing 787 in Everett with a $3.2 billion package of state tax incentives and aggressively pursued greater openings for businesses in the state in Mexico, Europe and Asia, especially China.

In private life he has long been known for enjoying household repairs and car work, crawling under sinks to fix leaky plumbing during parties and once breaking his back in a fall from the roof of a house he was remodeling.

Here is UMNO and BN-Installed Perak MB Zambry's Lawyer: Lord Lester from our Former Colonial Master

Read here for more from SCREENSHOTS blog

It is diabolical for a panic-stricken UMNO to crawl like a coward to Malaysia's former Colonial Master to sort out the constitutional crisis it creates for Malaysian voters.
-Malaysian Unplug


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

Excerpts:

It was UMNO which made the decision to have Malaysia cut its judicial umbilical chord to its colonial master (UK) when it abolished appeals to the Privy Council in criminal and constitutional matters in 1978, and in civil matters in 1985. We had shared similarities with the British judicial system.

Now, UMNO has now decided to go back to their colonial masters AFTER severing links with the British (our TUAN Penjajah)

We now learn from press reports that the disputed BN-installed Perak MB Dr Zambry Abdul Kadir and his six exco members, who were installed in the recent political coup d'etat, are crawling to our former colonial masters, ie Queen's Counsel, for legal help to sort out the mess.

UMNO and Zambry are likely to settle on Lord Lester (photo above) who is a seasoned politician in UK now in his 70's.

If Dr Zambry Abdul Kadir doubted the legitimacy of his appointment as the Perak Menteri Besar and needed a "second opinion", why didn't he consult the Attorney-General (AG)?

Lord Lester from UK

On June 29, 2007, Lord Lester was appointed by Prime Minister Gordon Brown as a special advisor on constitutional reform to the Secretary of State for Justice.

He is also a member of the Joint Committee on Human Rights. He became a life peer in 1993.

• 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

NOTE:

UK has NO written Constitution whereas Malaysia and India have a written Constitution. Read here for more

The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.

The UK has NO single constitutional document comparable to those of other nations, such as the United States. It is therefore often said that the country has an "unwritten" or de facto constitution.

However, the majority of the British constitution does exist in the written form of statutes, court judgments and Treaties. The constitution has other unwritten sources, including parliamentary constitutional conventions and the royal prerogatives.

The bedrock of the British constitution has traditionally been the doctrine of Parliamentary sovereignty, according to which the statutes passed by Parliament are the UK's supreme and final source of law. It follows that Parliament can change the constitution simply by passing new Acts of Parliament.

Perak Crisis: UMNO Desperately Crawling to our British Colonial Masters' Lawyers for Help on our Constitutional Problem Instead of Facing the Voters

Read here article in Straight Talk Blog

UMNO Turns to United Kingdom (UK) QC's Help

by

Khoo Kay Peng

Excerpts:

It was reported in Malaysiakini that a senior constitutional lawyer left Kuala Lumpur yesterday for London to engage the services of a QC on behalf of Umno to advise the party on a host of questions that is roiling debate in the country.

Umno is seeking the opinion of a Queen’s Counsel (QC) on the constitutional issues on the takeover of Perak state government from Pakatan Rakyat

As a self-proclaimed MALAY nationalist party running to its ex-colonial master's country to seek for a legal advice on the state government legitimacy is both SHOCKING and SILLY.

This action shows no difference from feudal Malay rulers running over to seek the advice of British residents and advisers in the past.

The last person UMNO should ask for an advice is a Queen's Council. They should really go back to ask the people of Perak by calling for snap elections. This is the best way to show us their patriotism

I am sure we have enough legal brains in the country to handle the constitutional issues.

I thought both Najib Razak and Zambry said the takeover was constitutional and legal.

If they were so sure of their position why can't they trust a LOCAL constitutional lawyer to represent them?

SORRY! Malaysian Muslims Have NO Protection under the Federal Constitution

Read here for more

Quote:

On the Denial to Let Azlina Jailani /Lina Joy Remove "Islam" from her Identity Card.

" ...In my view this is tantamount to UNEQUAL treatment under the law.

In other words it is discriminatory and unconstitutional and should therefore be struck down. Read here for more
-Chief Judge of Sabah and Sarawak Datuk Richard Malanjum

Clause in Federal Constitution on Religion is NOT Meant to Protect Muslims

Excerpts:

Datuk Seri Nazri Aziz, Minister in the Prime Minister’s Department said Article 11 (1) of the Federal Constitution does NOT apply to Malaysian Muslims.

The Freedom of Religion clause under Article 11 (1) of the Federal Constitution does not protect the the fundamental right of Malaysian Muslims who wish to convert at any time. Their fundamental rights as a Muslim are determined SOLELY by the decisions of those who sit in the Syariah Court.

For Malaysian muslims, the Syariah Court is SUPREME to the Federal Constitution inasfar as their right of choice of religion.

Nazri Aziz said Muslims who wish to renounce the religion would need to obtain an order or declaration from the Syariah Court, which has the jurisdiction under state Enactments of Islam.

He said the highly controversial case of Lina Joy vs Federal Territory Department should be the guide for those born and raised into the Islamic religion and those converted to be muslims.

According to Nazri, for Malaysian muslims, the controversial Lina Joy judgement (2-1)led by the disgraced former Chief Judge Tun Fairuz overrides Federal Constitution's Article 11 (1).

• Click to DOWNLOAD or READ FULL- Chief Justice Ahmad Fairuz Sheikh Abdul Halim's Majority judgment (.pdf file)
  
  
• Click to DOWNLOAD or READ FULL - Judge Richard Malamjum's Dissenting Decision (.pdf file)

(Read here ALSO the LINGAM TAPE scandal involving Tun Fairuz here and here)

Nazri said,

“The judgment in the case states clearly that a Muslim cannot renounce the religion as he wishes.

If such freedom is given to Muslims, this will affect the status of Islam as the OFFICIAL religion, as stated in the Federal Constitution.”

Nazri said a Muslim can only renounce the religion ONLY AFTER the Syariah Court gives the order. Without that order, w the National Registration Department cannot delete the word “Islam” from the identity card once relevant documents are shown.

He also said that the government has NO intention to amend Article 11 (1) after the Federal Court decided on the Lina Joy case.

The jurisdiction of the Syariah Court over converts from Islam to other religions has been hotly debated by the Malaysian public in the past few years, with this and other court cases involving converts closely followed by the media.

In Malaysia, the Syariah Court ALONE has the power to deal with Islamic issues, including legal recognition for conversion to and from Islam. Conversely, the Syariah Court has no jurisdiction over those who are NOT Muslims.

Lina Joy, by her own admission, is no longer Muslim, but only the Syariah Court can legally recognize this.

(Read here the outcry AGAINST the major decision (2-1) led by the disgraced Chief Justice Tun Fairuz in the Lina Joy case and HERE)

Lina Joy is not the first person to apply for recognition of conversion from Islam; another woman named only as "Maria" by the BBC is also pursuing a similar case.

In 2006, the Negeri Sembilan Syariah High Court in Seremban granted recognition for the 1936 conversion from Islam to Buddhism of Nyonya Tahir; however, Tahir was deceased by that time.

The Lina Joy Case

(from Wikipedia)

Lina Joy is a Malay convert from Islam to Christianity. Born Azlina Jailani in 1964 in Malaysia to Muslim parents of Javanese descent, she converted at age 26.

In 1998, she was baptized, and applied to have her conversion legally recognized by the Malaysian courts. Though her change of name was recognized in 1999 and so noted on her identity card, her change of religion was not (since it is without the Mahkamah Syariah[confirmation document); for this reason, she filed suit with the High Court in 1999, bypassing the Syariah Court (Islamic court).

She later filed suit with the Federal Court in 2006. Joy hopes to live openly as a Christian; she was forced to go into hiding by the publicity surrounding her case.

In a majority verdict delivered on May 30, 2007, the Federal Court rejected her appeal. Her appeal was dismissed 2-1 by Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim and Datuk Alauddin Mohd Sheriff. Both of these justices ruled:

"...a person who wanted to renounce his/her religion must do so according to existing laws or practices of the PARTICULAR religion.

Only after the person has complied with the requirements and the authorities are satisfied that the person has apostatised, can she embrace Christianity....

In other words, a person cannot, at one's whims and fancies renounce or embrace a religion." Read here for more

The dissenting Chief Judge of Sabah and Sarawak Datuk Richard Malanjum wrote that :

"Hence, in my view this is tantamount to UNEQUAL treatment under the law.

In other words it is discriminatory and unconstitutional and should therefore be struck down.

For this reason alone, the relief sought for by the appellant should be granted, namely for a declaration that she is entitled to have an identity card in which the word 'Islam' does not appear." Read here for more

The non-Muslim man is required to convert to Islam under Malaysian law. Under Syariah, Muslim men are only allowed to marry “people of the book,” (those who believe in One God).

According to a senior official in the National Registration Department (NRD), for the NRD to change the religion on her identity card would mean that the department would be officially declaring her an apostate, which falls under the jurisdiction of the Shariah Court.

UMNO Fascism in Action: Cowardly Act by UMNO-Led Government Using POLICE to Harass and Intimidate Democracy in Malaysia

Read here full article by Humayun Kabir in the SUN

Police today questioned Perak State Speaker V Sivakumar for two hours over reports lodged against him in relation to political developments in the state.

The police even did not allow the lawyers to be present during the questioning of the Speaker of the Perak State Assembly. Sivakumar engaged two lawyers Chan Kok Keong and Augustine Anthony as his counsel. The questioning was conducted by three officers officers from the state commercial crimes department from 3.20pm at the office of law firm Chan & Associates along Jalan Tun Sambanthan here.

According to Chan, the police initially said they wanted to question Sivakumar over a report lodged by Jelapang assemblywoman Hee Yit Foong (who has since quit the DAP to become a Barisan Nasional-friendly independent) against Sivakumar.

However, when the lawyers asked to see the report, the police declined to show it, Chan said, adding that instead of investigating Hee's report, police started questioning Sivakumar on other reports lodged against him.

Chan said he had advised Sivakumar that he need not answer their questions as he is protected under Item Three of the Legislative Assembly (privileges) Enactment 1959 which provides that :

"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."

However, Sivakumar chose to cooperate with the police and attended the session.

After the interview ended at 5.20pm, the police officers left, carrying a printer which was used to print the statement made by Sivakumar.

A visibly-tired Sivakumar -- who had made headlines last week when he suspended Mentri Besar Datuk Dr Zambry Abdul Kadir and his six executive council members for 18 and 12 months respectively for contempt of the Assembly -- emerged five minutes later and told a large group of reporters that any investigation by the police against any member of the assembly in his capacity as legislator violates existing laws.

Sivakumar made the following statement:

"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" .

As such, he called on the police to cease all investigations against him or any of the assembly members.

However, he said in the meeting with the police officers, he had given his "fullest co-operation, to the extent that my co-operation does not infringe or violate any provisions of the laws of this country".

Neither the police nor Sivakumar would reveal what exactly he was questioned on.

Sivakumar's press statement was distributed by one of his aides after he left hurriedly saying he had to attend another function.

Last Wednesday, Perak state assembly's committee of rights and privileges chaired by Sivakumar handed down the suspensions, throwing the state deeper into a constitutional and political crisis.

Many constitutional lawyers have given their opinion on whether Sivakumar had the power to do what he did and Zambry has set up a legal team to advise him on his next course of action.

The only thing clear is that Sivakumar has to convene the state assembly to endorse the decision as the assembly was not in session when the committee met. He had written to the Sultan of Perak last week for consent to convene a special meeting.

Onn Jaffar Terlebih Derhaka Berbanding Nizar Jamaludin

Read here for more on BERANI KERANA BENAR Blog

(Note: Dato Onn Jaffar is the grandfather of present UMNO Youth Chief/Education Minister, Hishamuddin Hussein Onn)

by

Mohd Fadhli Ghani

Pemimpin UMNO dan UMNO lah yang mempelopori siri penderhakaan terhadap Raja-raja Melayu selepas abad ke - 20.

Dato' Onn adalah antara tokoh politik pertama yang mencetuskan siri penderhakaan ini.

Pada tahun 1920, Dato' Onn secara terbuka telah mengkritik Sultan Johor dengan begitu keras kerana Sultan Johor telah melelong harta bapanya yang gagal membayar hutang negeri sehingga kematiannya.

Sultan Johor ketika itu sangat murka di atas penderhakaan yang berterusan sehingga dipecat dari jawatan dan dibuang ke Singapura pada 1927.

Dua orang adek beradeknya juga turut melakukan tindakan menderhaka kepada Sultan, iaitu abangnya Dato' Abdullah Jaafar (ketika itu MB Johor), Abdullah Jaafar menghina dan memburukkan nama sultan di luar negeri, akhirnya beliau dipecat dari jawatannya sebagai Menteri Besar dan ditarik balik gelarannya.

Kakaknya Che Dara Jaafar turut diambil tindakan kerana bersekongkol dengan penderhakaan ini (walaupun Che Dara ketika itu menjadi isteri Sultan Ibrahim), kedua-duanya dihukum buang negeri.

Ketiga-tiga adek beradek ini menjadi keluarga terbuang akibat penderhakaan ini.

Mereka menetap di Singapura, Dato' Onn tetap meneruskan penderhakaan ini di Singapura melalui akhbar Warta Malaya yang beliau menjadi pengarangnya.

Akhbar ini lantang mengkritik dan memberi sembah derhaka kepada Sultan Johor pada 1930.Beliau kembali ke Johor pada tahun 1936 dan dilantik secara rasmi sebagai Menteri Besar Johor pada tahun 1947. Dalam tempoh berkhidmat sebagai Menteri Besar, beliau telah berkrisis dengan Raja-raja Melayu ekoran cadangannya supaya seorang Melayu dilantik sebagai Timbalan Pesuruhjaya Tinggi Persekutuan Tanah Melayu.

Raja-raja Melayu amat murka dengan cadangan ini kerana ia meletakkan seorang Melayu lebih tinggi kedudukannya daripada Raja-raja Melayu itu sendiri.

UMNO secara terbuka menghina Raja-raja Melayu terutama Sultan Kedah dalam beberapa isu yang berbangkit pada tahun-tahun tersebut.

Dalam Mesyuarat Agung UMNO di Butterworth pada 27 Ogos 1949, secara terbuka beliau menyelar dan menuduh Raja-raja Melayu menjaga kepentingan diri daripada orang Melayu, beliau juga menuduh Raja-raja Melayu berkomplot dengan British bagi melemahkan UMNO dengan melarang pegawai Melayu berpolitik.

Kemuncak penderhakaan ini ialah apabila Dato' Onn mengajak ahli UMNO menamatkan pemerintahan beraja. Akibatnya, Sultan Kedah berhasrat mengharamkan UMNO di negeri Kedah dan Sultan Johor sendiri memaksa Dato' Onn meletakan jawatan sebagai Menteri Besar pada 17 Jun 1949.

Kebiadaban UMNO kepada Raja-raja Melayu sangat terserlah antara tahun 1947-1949, pemimpin UMNO menggunakan platform UMNO untuk menghina Raja-raja Melayu, mereka mencabar kuasa Raja-raja Melayu secara terbuka dan kemuncak penderhakaan UMNO pada tahun 1949 ialah apabila Presiden UMNO (Dato' Onn) pada waktu itu mengajak ahli-ahli UMNO menamatkan sahaja sistem pemerintahan beraja di negara ini.

Hishamuddin, You NEVER HAD the Moral Rectitude of your Father and Grandfather, So DON'T Soil Their Legacy By Linking Them to Your Name

Read here for more

Education Minister-cum-UMNO Youth Chief Datuk Hishammuddin Hussein is NOT the man his father (Tun Hussein Onn) or his (Datuk Onn Jaffar) grandfather was.

He may want Malaysians to mention his name in the same breath as Datuk Onn Jaafar and Tun Hussein Onn or put him in their class.

But we can’t.

This is how both men are remembered by historians and commentators:

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.

Now Hishammuddin would like to ride on their charisma and class.In an interview with the New Sunday Times, he invoked the name of his father and grandfather, suggesting that he was somehow travelling along the same path that they took.

Hishamuddin said,

“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?”

Simple. You are NOT THEM. Not yet anyway.

• 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.

Hishammuddin has some way to go BEFORE he can be mentioned in the same breath as the two giants of Umno and Malaysia.

UMNO PENAKUT Berdepan Mahkamah Rakyat Perak

Read here for more

Umno cukup takut berdepan mahkamah rakyat di Perak

by

Razali Endun

Excerpts:

Kemelut politik di Perak semakin kalut.

Adun Pangkor, Dr Zambry Abdul Kadir sudah pun mengangkat sumpah pada jam 4.00 petang hari Jumaat 6 Feb. sebagai Menteri Besar yang baru. Nama beliau diperkenankan oleh Sultan Perak setelah dipersembahkan oleh Perdana Menteri, Abdullah Ahmad Badawi.

Manakala Mohammadd Nizar Jamaluddin enggan melepaskan jawatan Menteri Besar walaupun dititahkan oleh Tuanku Sultan berbuat demikian. Sebelum itu Nizar telah menghadap Sultan mohon perkenan baginda untuk dibubarkan Dewan Undangan Negeri.

Atas penolakan SPR mengadakan pilihan raya kecil bagi kedua-dua kawasan itulah, maka Menteri Besar Perak, Mohammad Nizar Jamaluddin mengumumkan akan memohon agar dibubarkan Dewan Undangan Negeri oleh Sultan.

Beliau telah mohon perkenan Sultan untuk bubarkan Dun, tetapi permohonan itu tidak diperkenankan.

Timbul pula persoalan bahawa kenapa Sultan tidak menerima nasihat Menteri Besarnya?

Dalam kaedah perundangan nasihat daripada Menteri Besar, Ketua Menteri dan Perdana Menteri hendaklah diterima oleh Sultan atau Yang di-Pertuan Agong tetapi dalam hal membubarkan Dun atau Parlimen, baginda boleh menolaknya.

Namun, yang jelas pertikaian ini seharusnya diselesaikan dengan dipulangkan semula kepada suara rakyat menentukan. Ini yang dikehendaki oleh Pakatan Rakyat, tetapi Umno-BN mahu mengelakkan perkara ini berlaku. Sebab itu mereka menggunakan pelbagai helah dan alasan supaya pilihan raya tidak diadakan.

Umno-BN sebenarnya takut untuk berhadapan dengan rakyat kerana mereka tahu peluang untuk mereka menang adalah sangat tipis. Kemungkinan mereka akan hilang banyak kerusi lagi adalah satu kebarangkalian yang tidak boleh dipandang remeh.

Kerajaan Umno-BN yang baru di Perak tidaklah kuat dan kukuh kerana mereka sebenarnya menghadapi risiko yang tinggi. Pertama, suara majoriti mereka ialah tiga orang ini yang merupakan ahli Bebas. Bebas bukan sebuah organisasi atau parti politik yang berdaftar. Bebas bererti boleh condong ke arah mana sahaja mengikut situasi.

Kedua, dua daripadanya menghadapi pertuduhan rasuah di mahkamah. Sekiranya mereka dibebaskan, persepsi masyarakat sudah tentu beranggapan bahawa pembebasan mereka sudah dirancang terlebih dahulu oleh pihak-pihak tertentu. Kalau mereka disabitkan kesalahan, maka tinggal seorang sahaja lagi iaitu bekas ahli DAP. Kemungkinan beliau berpaling tadah kepada Pakatan Rakyat semula tidak boleh ditolak.

Apa yang jelas kerajaan baru di Perak masih dalam pertikaian. Kesahihannya mengikut undang-undang masih boleh dipersoalkan. Dengan keengganan Nizar meletakkan jawatannya, Perak sekarang mempunyai dua MB.

Hakikatnya, Nizar masih belum letak jawatan dan watikah perlantikan Sultan itu masih berkuat kuasa.

Tidak ada usul tidak percaya dihadapkan terhadapnya. Kes mahkamah masih berjalan, maka selagi itu beliau masih sah sebagai MB kecuali diputuskan oleh mahkamah.

Nizar seolah-olah dipecat oleh Sultan. Persoalannya, adakah Sultan ada kuasa memecat MB?

Atas pertimbangan semua ini, maka adalah wajar Dewan Undangan Negeri dibubar dan diadakan pilihan raya yang baru bagi mendapatkan mandat rakyat semula. Sekiranya Umno-BN menang dengan majoriti yang lebih maka mereka boleh memerintah dengan selesa.

Sekiranya Pakatan memperolehi kelebihan majoriti yang selesa, mudah juga bagi mereka memerintah. Sudah tentu rakyat Perak juga mahukan kaedah ini, iaitu supaya suara mereka menjadi penentu dalam menentukan kerajaan mengikut lunas-lunas demokrasi.

Dalam sistem demokrasi berperlembagaan, Sultan hanya sebagai lambang dan ketua. Kerajaan dipilih oleh rakyat kerana suara rakyat adalah suara keramat. Kemelut ini seharusnya dikembalikan kepada rakyat untuk menentukan.

Kenapa mesti takut berdepan dengan rakyat?

Perak:Usaha Menjatuhkan Kerajaan Pakatan Rakyat Berfikiran "Gangster"

Read here for more article by Muhammad Yusri Amin

Tragedi Perak dicetus pemimpin berfikiran 'gangster'

by

Muhammad Yusri Amin

Excerpts:

Mursyidul Am PAS Tuan Guru Dato Haji Nik Abdul Aziz Nik Mat menyifatkan tindakan pihak tertentu berusaha menjatuhkan Kerajaan Pakatan Rakyat di Perak yang diketuai Menteri Besar Dato' Seri Ir. Mohammad Nizar Jamaluddin sebagai berfikiran 'gangster'.

Katanya ketika bercakap kepada pemberita di sini pagi ini:

"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."

Mengenai tercetusnya banyak isu yang menimbulkan kontroversi dalam negara kini termasuk krisis Perlembagan di Perak, beliau menggesa Perdana Menteri Dato' Seri Abdullah Ahmad Badawi supaya jangan melepaskan jawatannya.

"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."

UMNO Youth: The Loud-Mouth Hypocrites

Read here for more in Malaysian Insider

At a pro-monarchy gathering, UMNO Youth chief Datuk Seri Hishammuddin Hussein said :

“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."

FLASHBACK: Trengganu March 2008


UMNO protesting the Terengganu Sultan’s decision last year
to reject Idris Jusoh as the state’s Menteri Besar.
("Natang" is Binatang ie Animal)
Read here: Lessons from the Past on Role of the Sultans
Hishammuddin also called DAP chairman Karpal Singh “rude” and Datuk Seri Nizar Jamaluddin a “traitor”.

Conspicuously, several said that “we are with you”, clearly denoting that this was an Umno-led campaign, as reflected by several slogans seen that night calling for the defence of Malay honour.

MIC Youth deputy chief S. Murugesan echoed this sentiment, declaring that the wing was “with YOU (ie UMNO) to support the royalty and uphold the constitution”.

NOTE: A Vote for MIC is a Vote for UMNO

MCA Youth deputy secretary-general Loh Chew June however, called on PR to stop its conspiracy of making false accusations against BN.

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.

Perak: Whose Fault Now for the Blooming Mess? DPM Najib Has Stopped Laughing

Read here for more and here and here and here

Excerpts:

In its haste to topple the Pakatan Rakyat (PR) state government, BN led by DPM Najib rushed to Perak to see the Sultan to form the BN-State Government after getting the three PR state assemblymen to defect to become independents, and got the Sultan to swear in the Menteri Besar and executive councillor positions.

But it appears Najib and his band of BN raiders have forgotten the powerful Speaker in the state legislative assembly, DAP's Sivakumar.

Instead, BN's newly-installed Menteri Besar (MB) Datuk Zambry Abdul Kadir and his six executive councillors yesterday found themselves suspended from the assembly for 18 months and 12 months, respectively by the Speaker of the State Assembly.

Zambry refused to reveal if he would defy Sivakumar by attending the next assembly sitting, merely stating that Sivakumar has abused his powers and should double-check with on his actions.

Sivakumar had earlier confirmed that he would remove Zambry and his six exco members if they attempted to make an appearance in the assembly.

Prime minister Abdullah Badawi accused the Pakatan Rakyat of insulting the royalty - potentially a seditious act - in a deepening political tussle over the control of a northern state.
He urged the state wing of the National Front to file a police complaint.He dismissed suggestions that a fresh election is the best solution to resolve the deadlock. He said the best solution was to let the National Front government continue to rule Perak.

If the 59-seat house were to sit today, PR would have 27 assemblypersons on its side (the 28th being the Speaker) and BN only 21. The three independents are no longer members of the House, as far as PR is concerned.

This unprecedented move throws up questions about parliamentary democracies under a constitutional monarchy never before faced by Malaysia. V SivakumarCan the Speaker, V Sivakumar from the DAP, run a House with an MB (Datuk Seri Mohammad Nizar Jamaluddin) who was sacked by the Sultan? Was the Speaker's move sub judice considering that a court case to declare the appointments of Zambry and his exco illegitimate is still pending?

The Perak state assembly must convene before May 13, six months from its last sitting on 13 Nov 2008.

With Zambry and his excos out of the House, it is possible that PR would call a special assembly to vote out the BN government earlier, in the middle of the Umno party elections which are from 24 to 28 March.

To forestall that, Zambry and his excos could go to court to seek a declaration that the suspensions were ultra vires. But even that would take time.

"If Sultan Azlan Shah wants to avoid a continued impasse, or worse, to have his appointments booted out through a vote in a special sitting, he would have to make a new decision on whether to allow a dissolution," Perak Parti Keadilan Rakyat (PKR) legal adviser Mohamed Asri Othman said.

Even without the suspensions, Perak was likely heading for a showdown in elections anyway.

"If the House is in constant deadlock, if bills cannot be passed, it would be bad for the state. Investors would not come, the state budget cannot be passed, the administration would grind to a halt. Ultimately, elections would be required," says Asri, a former DAP deputy secretary-general, and the Dermawan assemblyperson in 1990.

All scenarios hinge on Speaker Sivakumar who holds wide-ranging powers and whose position gives him the authority of a High Court judge, Asri notes.

Law lecturer Prof Dr Abdul Aziz Bari of the International Islamic University adds that the Speaker's decisions, if reached according to the House's standing orders, are final and difficult to challenge in court.

"This was BN's biggest mistake. They overlooked the problem with the Speaker," he says.

Even if the assembly sat with all BN assemblypersons present, Sivakumar could:

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.

The Face of the Low-Life Who Robbed and Raped MP Elizabeth Wong's Privacy

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.

Chief Justice Zaki Azmi's Integrity and Honesty Doubtful

Read here for more article by Lee Wei Lian in Malaysian Insider

Quote

“This tape is solid evidence.

He (Chief Justice Tan Sri Zaki Azmi) has become an embarrassment to the judiciary.

I would prefer if he voluntarily resigns. If he fails to do so, the Conference of Rulers should withdraw their consent for him to be made the chief justice.

A man who is corrupted will decide on who will be a judge.

I challenge the chief justice to deny what I said.”
-Karpal Singh ,MP Gelugor

An audio recording showed Chief Justice Tan Sri Zaki Azmi admitting he had engaged in bribery. The recording is claimed to have been made when Zaki was in Kuching last November.

DAP’s member of parliament for Gelugor, Karpal Singh today played the audio recording for reporters in the lobby of the parliament building.

The cassette tape recording played for reporters was not very clear but in general appeared to be consistent with the words contained in the NST report.

According to a 8 November 2008 report in the New Straits Times (NST), Zaki was reported to have said in Kuching: “

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.”

On the same day that the NST story was published, Zaki issued a clarification that said:

“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.”

Karpal called the clarification a lie and inconsistent with the audio recording.

Karpal declined to reveal the source who provided the tape recording.

The DAP chairman also questioned Zaki’s appointment as head of the Judicial Appointments Commission (JAC). “A man who is corrupted will decide on who will be a judge,” he said. “I challenge the chief justice to deny what I said.”

Police Double-Standards

He also complained that the police have not taken any action on a police report that he lodged. “Within 2 days of police reports made against me, the police came looking for me. Why the double standards?”

Karpal called on the police to take his statement so that he can submit the audio tape as evidence.

BN-Installed MB Zambry is Uninspiring Parroting UMNO/BN's Stale Old Rhetoric and Tactics

Read here article by Kadir Jasin for more

Excerpts

We’ll talk about the (BN-installed) Menteri Besar, Dr Zambry Abdul Kadir, and the things he should and should not have done as he hangs on to power and tries to defend the legitimacy of his government.

He has the great opportunity to introduce changes to new (Perak) government and lead these changes in BN. Zambry is an intellectual with a PhD after his name. When Anwar was in Umno, Zambry was a very strong supporter of Anwar Ibrahim, like Ahmad Zahid Hamidi. But both stayed on when Anwar was sacked.

He could inspire the voters in Perak with an inspiring policy statement as to how he proposes to take Perak forward and what changes he has in mind.

Same Old Tired BN/UMNO Style

So far, however, he has employed the same old tired style, which people have rejected.

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.

If he does all these, the voters will know that this BN MB means business when he says he wants to bring changes to the state.

Only change can help ensure BN’s survival. Failing which the voters will send BN back to the Opposition’s bench in the coming general.

Perak Crisis Deepens: BN-Installed MB Zambry and his Excos Suspended from State Assembly

Read here for more in Malaysiakini

Perak state assembly speaker V Sivakumar after the Special Privileges Committee's inquiry proceeding in Ipoh this afternoon, said the committee today suspended the state's newly-minted menteri besar Zambry Abdul Kadir and all his six executive councillors.Zambry was slapped with an 18-month suspension while the excos have been suspended for 12 months.

By suspending seven of the BN's 28 state assemblypersons, the numbers have again tilted back to the former Pakatan Rakyat government. Should the state assembly be reconvened now, it is almost certain that the seven suspended representatives would not be allowed into the assembly, allowing Pakatan to have an edge of 28 seats against BN's 24.

"I have decided to bar Datuk Zambry with immediate effect from attending any assembly session for the next 18 months and the six exco members have also been barred for 12 months," read the four-paragraph statement from Perak Speaker Sivakumar.

Sivakumar, a DAP state assemblyperson, is still the Perak speaker as the BN government has yet to convene the state assembly to replace him with one of their own. Sivakumar said the decision was reached because the seven had failed to provide an explanation for their contempt of the state assembly by declaring themselves menteri besar and excos.

Lawyer Benjamin Dawson said the best option to unlock the current stalemate would be to dissolve the state assembly and hold a fresh state election. But this, he added, must have the sultan's consent.

By convention, he said Malaysians will have to wait for the court decision on the suit filed by Pakatan Rakyat's ousted menteri besar Mohd Nizar Jamaluddin challenging Zambry's appointment.

Dawson said unless the court rules in Nizar's favour, Zambry is presumed to be menteri besar. He said.

"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."

Transparency International Malaysia chairperson Ramon Navaratnam said when the crisis started early this month, the right and proper way was to call for fresh elections. He added,

"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."

COMMENTARY

Legal Expert Says Perak Speaker Has Suspension Powers

Excerpts: Read here for more in Malaysian Insider

Abdul Aziz Bari, a law professor at the International Islamic University said the Perak Speaker acted within his powers when he barred Menteri Besar Datuk Zambry Abdul Kadir and six executive councillors from the next sitting of the state legislature.

He said the Speaker’s authority covers a very wide area in matters involving the assembly’s regulations.“That includes the finality on the interpretation of provisions in the Standing Orders, the rules which govern the House,” he said.

Abdul Aziz observed that at the federal level, the Speaker of the Dewan Rakyat has previously made some “absurd and illogical decisions — rejecting motions and suspending members, among others. Now it is the turn of the BN to taste that,” he noted.

Abdul Aziz said that Nizar has a right to stake his claim in court as it is based on the “dubious position of Zambry’s government”.

He added that the state government “owes its position” to the MAJORITY in the legislative assembly.

“This is the problem as we are not sure whether Zambry’s got that,” the professor said.

From "DAULAT" to "DERHAKA" - A Shift in Malay Consciousness

From 'daulat' to 'derhaka': A Malay Darwinist moment

by

Azly Rahman

Read here in Malaysiakini for more

A new consciousness seems to be blowing into the collective psyche of the Malays, known as one of the most obedient people on earth. A specter of the absurd heroism of the Malays seem to be haunting the modern Malays, as embodied in a crisis that is unfolding in this land that has seen much of Malayan history constructed - from the incident at Pasir Salak to the treaty signed at Pangkor.

As in the Chinese philosophy, one may see the issue as a threat - or an opportunity. There is the ‘thesis and antithesis’ dimension to this evolution of this consciousness.

A new consciousness - or perhaps anger and grief - is engulfing the psyche of the Malays and being translated into a national protest, Malaysians are yet to see the shape it is taking. Will this be a watershed in the Malay psychological construct which states that Malays do not go against (derhaka) their daulat - driven traditional rulers?

Or is this the coming of mental age of the postmodern Malay in which, together with the coming of the complexity of the hypermodernity of the base-superstructure of the country itself, the common Malay or the rakyat, no longer wish to tolerate anomalies in the political culture?

In Malaysia, the state of Perak now has two menteris besar as a consequence of a sudden change in the delicate balance of political representation. As of January 2009, the state was ruled by the coalition of Pakatan Rakyat.

Three state lawmakers decided to ‘hop’ out of their parties - two from PKR and one from DAP - leaving the balance tipping to the favour of BN. The Sultan of Perak, instead of consenting to the dissolution of the state assembly (by virtue of the nature of change engineered) decided to appoint a new menteri besar from Umno, while the previous menteri besar from PAS refused to concede and called instead the new government "illegitimate".

Mass protests, threats to take the sultan to court, refusal to vacate office and expressions of anger towards BN and Deputy Prime Minister Najib Abdul Razak all signify a new era in Malaysian politics as it relates to the relationship between the Malays and the traditional Malay rulers, especially after the constitutional crisis during the time of Mahathir Mohammad and the huge victory by Pakatan in the March 8 General Election.

Lawyers and legal experts have debated on the ‘correctness’ versus the ‘corruptness’ of the decision made by the traditional ruler of Perak. It is argued that the Sultan of Perak made the right decision but an ‘immoral’ one nonetheless, given the allegations that the sudden shift in the balance involved tens of millions of ringgit paid to those who agreed to leave their parties and declare themselves ‘independents’.

We are all involved in this story

In Malaysian cyberspace, immediately after the fiasco, Malaysia Today ran an article linking the daughter of Sultan Azlan Shah to Gamuda and her position as one of Malaysia's richest people.

The idea of a political-economic link has always been popular in the way Malaysians analyse the factors behind the multitude of corruption cases involving politicians close to the ruling party.

The episode of the derhaka challenging daulat - a counter-hegemonic moment in the evolution of the modern Malay psyche - is still at the beginning stage. There are complexities involved as it relates to the struggle of power, especially between Umno and PKR.

The nation not only awaits the ending of the story, but as in a postmodern story, becomes part of the plot and the character-evolution of this new and exciting consciousness.

Like television imitating life and vice versa, the Malays are revolting against the traditional myths of grandeur their minds have created and archived as an embalmation of the Oriental Despotic -neo-feudalistic construct.

This is a seize-able moment of iconoclasm in Malay history. A Malay moment of cultural-cognitive Darwinism. In honour of the 200th birthday of the father of evolutionary biology, Charles Darwin, one ought to see any form of evolution in the Malay frontier of thinking as a natural chance of evolution that needs to be further understood in all its complexity and chaos.

In Perak, we see such a possibility of our own cognitive Darwinism, in which the fittest amongst the modern-day argumentators for or against the hegemony of traditional authority will win - through a selective process driven by the urge to change.

Indeed a national dialogue concerning the evolution of daulat to derhaka needs to be extended in the educational sphere across the board and evolvingly across the educational lifespan of all Malaysians, so that we may all interrogate history, not only through iconoclastic thinking, but also through the application of political-economy and psycho-linguistics and philology as perspectives in looking at the crisis that is now a threat - and an opportunity.

Let the new consciousness become the light leading Malays (and Malaysians) to enlightenment.

Only BN-Installed Menteri Besar Zambry Can Save the Perak Sultan from his Untenable Predicament

Read here full article by Wong Chin Huat in Nutgraph

Related Articles:

Perak Crisis Will Deepen

Sultans' Relevance Depends on Their Ability to Read RAKYATS’ Mood Correctly

KAMI BUKAN PENDERHAKA !

QUOTE

"The dignity of the palace, the very rationale of constitutional monarchy, could be at risk in Perak and perhaps the entire country.

This is the best time for true loyalists to offer their services to the throne. (That is), restore that dignity so that the monarch remains loved by ALL.

If the majority of Perak subjects want fresh elections, then the ONLY way to mend the fence is to call for fresh elections.

To prevent embarrassment to the Palace, the best solution is for the BN-installed Menteri Besar Datuk Dr Zambry Abdul Kadir to request for dissolution of the assembly. That would make the Pakatan Rakyat's constitutional suit academic.

If Zambry is a loyalist, NOW is the time for him to act accordingly.

If the people want him, he may return as the 14th menteri besar after fresh elections. If they do not, why should he insist on staying and tarnishing the reputation of the 481-year sultanate?

This is a good chance for Zambry to play Hang Tuah, while others may argue if Nizar is Hang Jebat or Tun Perak,

For the love of the sultan, Zambry could ask urgently for the state assembly to be dissolved."
-Wong Chin Huat

For The Love Of The Sultan

by

Wong Chin Huat

Excerpts: Read here for more

As in most other monarchies, Malaysians have been taught to love king and country.

But rarely have we asked or been told why. This appeared to be okay until innocence was lost.

For some of us, this occurred during the recent Perak crisis; for others, it could have occurred earlier.

While innocence lost cannot be regained, it can be replaced with enlightened reconciliation and reasoned affection.

A head of state must be loved by all, for being loved by all is his or her main function. A hereditary head of state fits best because he or she is free from electoral pressures and can therefore be dignified.

Enlightened reconciliation and reasoned affection — this is what is most urgently needed in Perak.

This is especially true after a recent Merdeka Centre poll revealed that 74% of 507 Perak voters feel "the state assembly should be dissolved to pave the way for elections."
If there must be one person whom everyone can look up and plead allegiance to, he or she must NOT be partial. I would argue that this is the best defence for the constitutional monarchy.

The Pakatan Rakyat is doing the rightful thing in their defence of the constitutional monarchy by asking the court to confirm the legality of their government.

Like the democratically elected Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin, they have begged to differ with the sultan. In polite court address, they too have "menyembah mohon derhaka".

People might ask why the Perak Sultan seemed to deviate from what he said in 2004, that a ruler's role was "purely formal" upon request to dissolve the legislature.

Political parties may be at each other's throats. Ultimately, however, one party or coalition will form His or Her Majesty's Government while the other serves as His or Her Majesty's Loyal Opposition.

In this sense, "menyembah mohon derhaka" — a loyal plea for the ruler's permission to oppose him or her — displays the TRUE spirit of the Westminster constitutional monarchy.

But dignity of the palace, the very rationale of constitutional monarchy, could be at risk in Perak and perhaps the entire country.

THIS is the best time for true loyalists to offer their services to the throne.

Restore that dignity so that the monarch remains loved by all.

If the majority of Perak subjects want fresh elections, then the only way to mend the fence is to call for fresh elections.

To prevent embarrassment to the palace, the best solution is for the BN-installed Menteri Besar Datuk Dr Zambry Abdul Kadir to request for dissolution of the assembly. That would make the Pakatan Rakyat's constitutional suit academic.

The opinion poll result is a call of duty. If Zambry is a loyalist, now is the time for him to act accordingly. If the people want him, he may return as the 14th menteri besar after fresh elections. If they do not, why should he insist on staying and tarnishing the reputation of the 481-year sultanate?

While others may argue if Nizar is Hang Jebat or Tun Perak, this is a good chance for Zambry to play Hang Tuah.

For the love of the sultan, Zambry could ask urgently for the state assembly to be dissolved.

Perak Crisis Will Deepen: DAP Sivakumar as Speaker of State Assembly Cannot Be Sacked Despite Pakatan Rakyat Losing Government

Read here article by Neville Spykerman in Malaysian Insider

Excerpts:


In Perak, Barisan Nasional is stuck with the Speaker of the Legislative State Assembly from Pakatan Rakyat/DAP.

DAP's V. Sivakumar confirmed he remained the Speaker of the Perak State Sssembly.

Perak is set to continue with its constitutional deadlock despite the sacking of Pakatan Rakyat's MB, Nizar Jamaluddin by the Sultan of Perak.

That is because there is NO provision in the Perak State Constitution for REMOVAL of the Speaker of State Assembly, unlike that in the Federal and Selangor State Constitution through a vote of no confidence, according to Selangor Speaker Teng Chang Khim, who is a lawyer himself.

DAP Sivakumar can only be removed from office as Speaker when:

• 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.

Instability of the Perak State Government will continue despite the formation of the new government under Barisan Nasional under the Perak Sultan's appointed Menteri Besar, Zambry Abdul Kadir.

Sivakumar as Speaker of the State Assembly can effectively reduce BN's majority in the following situations :

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.

RELATED ARTICLE

Speaker Sivakumar Summoned MB Zambry and his 6 new Excos to Face Perak's Special Privileges Committee

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.

Perak Crisis Waiting to Happen Again and Again

by

Raja Petra Kamarudin

Read here for more in Malaysia-Today

Excerpts

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.

BN May Pay a High Price for Perak Polarisation

by

Ooi Kee Beng

Read here for more

Excerpts

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.