Appeal to Perak Sultan to dissolve Perak State Assembly to end the three-month constitutional and political stalemate in Perak

“No authority to fire. Counsel: Sultan can appoint MB but can’t remove him.”

This is the headline of the Star report today on the historic case between the lawful and legitimate Perak Mentri Besar Datuk Seri Mohamad Nizar Jamaluddin and the usurper and illegitimate Mentri Besar Datuk Zambry Abdul Kadir.

The headline came from the submission of Nizar’s lead counsel Sulaiman Abdullah who submitted that while the Sultan was conferred the power to appoint a mentri besar, he did not have the same power to remove a sitting mentri besar.

Sulaiman said: “It is well and good in appointing, that is entirely up to the Sultan but getting rid of the mentri besar is no longer the Ruler’s function – it is now up to the state council. That can only be done through a vote of no confidence in the House.”

This position, which has always been the stand of the DAP and Pakatan Rakyat, has been fortified by none other than former Prime Minister Tun Dr. Mahathir at his keynote address on
The Role of the Executive, Legislative, Judiciary and Constitutional Monarchy
 at the ninth Perdana Discourse Series today.

The various media headlines could not be clearer, viz:
“
Dr. M: Sultan has no power to remove MB
”
 (
Malaysiakini
),
“
Dr M: MBs can only be removed through confidence vote
”
 (
Malaysian Insider
),
“
Dr M: Ruler cannot remove head of govt
”
 (
Star online
).

It is more than time for good sense to prevail to end the three-month-long constitutional and political crisis and stalemate, as an unethical, undemocratic, illegal and unconstitutional power grab in Perak is completely unacceptable and untenable.

It is most gratifying that more and more people in the Barisan Nasional are coming round to the view that the best solution to the Perak crisis is to dissolve the State Assembly and hold Perak state general election to return the mandate to Perakians to vote the state government they want, even though very few are brave enough to speak publicly.

The Dewan Negara President Tan Sri Dr. Abdul Hamid Pawanteh has proved to be a most commendable exception, with his call to resolve the Perak crisis by returning the mandate to the people.

In the Star report,
“Go back to the people, says senate head”
, Dr. Abdul Hamid said “the political situation in Perak has reached a stage where it may be time to go back to the people”.

This is wise advice as the compromising of the credibility, integrity and legitimacy of  important institutions of the nation, like the monarchy,  police, MACC, the judiciary, and undermining vital principles of a parliamentary democracy like the doctrine of the separation of powers will do more harm than good to the Najib motto of “1Malaysia”.

For this reason, I wish to appeal to the Sultan of Perak to dissolve the Perak State Assembly before its sitting tomorrow to end the three-month constitutional and political stalemate in Perak so that the people  of Perak and Malaysia can single-mindedly focus on a united strategy to tide the country through the worst global economic crisis in a century.

                This entry was posted on Wednesday, 6 May 2009, 4:57 pm and is filed under
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Wong Chin Huat’s arrest – would Najib’s police detain Mahatma Gandhi for his civil disobedience campaign if the “Great-Souled” Indian is  alive in Malaysia today?

Picture taken at Jalan Duta court lock-up, where Chin Huat was held awaiting remand hearing.

Civil society activist and poll reform group Bersih spokesperson Wong Chin Huat told me at  the Jalan Duta Courts Complex lockup that he had been wearing black for 89 days to protest the unethical, undemocratic, illegal and unconstitutional power grab in Perak since Feb. 5, 2009, but he was compelled to wear the compulsory orange police lock-up uniform on the 90th day.

He asked like-minded, justice and democracy-loving Malaysians to join in the protest against the undemocratic and illegal “coup d’etat” in Perak by
wearing black, particularly tomorrow.

This is because tomorrow is the 91st day of the unethical, undemocratic, illegal and unconstitutional power grab in Perak, when the usurper and illegitimate Perak Mentri Besar Datuk Zambry Abdul Kadir is convening  an illegal meeting of the Perak State Assembly to secure  legitimacy for his totally illegitimate administration.

Chin Huat is in high and fighting spirits although he had been in police custody since 7.40 p.m yesterday when a platoon of nine police officers surprised Chin Huat outside his home in Taman Sri Sentosa, Kuala Lumpur as he was going out for dinner.

What was Chin Huat’s crime?  It is believed that Chin Huat’s arrest under the Sedition Act is related to the press conference he had called yesterday to announce the BERSIH’s “1BLACKMalaysia” campaign to urge Malaysians to wear black  on May 7 to protest against the undemocratic and unconstitutional power grab in Perak.

Chin Huat never advocated violence or force, only a peaceful but powerful civil disobedience campaign to make the people’s voice and protest heard loud and clear by the powers-that-be.

If Mahatma Gandi is alive today and in Malaysia, would the “Great-Souled” Indian be arrested for sedition by Prime Minister, Datuk Seri Najib Razak’s police for his civil disobedience campaign?

Chin Huat’s arrest is a blatant case of police abuse of power. The police was super-fast and super-efficient to arrest Chin Huat within a few hours of the BERSIH media conference yesterday morning, but is super-slow and super-inefficient when performing its most elementary duty to protect the lives and property of Malaysians.

The media today reported another
heart-wrenching loss of two lives when pregnant Jamilah Selamat, 32
, succumbed to severe head injuries inflicted when she was a victim to a snatch thief near her home in Ayer Hitam, Johore.

We are reminded of a
long list of avoidable fatalities in a country
 afflicted with endemic crime, like the Nanyang Siang Pau clerk, Chong Fee Cheng, 37, who died after she lapsed into a coma following a snatch theft in Taman Molek, Johor Baru and a housewife Lim See Nya, 58 in Bukit Mertajam  who was run over by a three-tonne truck when she lost her balance and fell onto the road after a motor-cycle pillion rider grabbed her handbag.

Last week, the
Johor Baru South OCPD was tied-up and robbed
 at knife-point in his house.

Why is the Police so super-fast and super-efficient to arrest Chin Huat when they are so super-slow and super-inefficient to  arrest criminals to protect the personal safety and property of Malaysians, visitors, tourists and investors?

Kuala Lumpur Commercial Crimes Division Director Datuk Koh Hong Sun said  Chin Huat was arrested for sedition following a police report to assist in police investigations.

This is a gross abuse of police powers in putting the cart before the horse.  The police should investigate following a  police report to ascertain whether there is any basis for the allegation that a crime has been committed. Instead, the police has chosen to arrest first and investigate later.

Chin Huat told me when I saw him at about 12.30 pm that although he had been in police custody for  17 hours, the police had not taken any statement from him.

The police has also seized a laptop and a cellular phone belonging to Chin Huat.

In ancient times, emperors and tyrants burnt books to deny their intellectuals the fundamental freedoms of thought, speech and expression. In this Internet era, the powers-that-be have resorted to snatching laptops and mobile phones!

Chin Huat’s arrest is a triple assault on the fundamental liberties of freedom of expression, media freedom and academic freedom.

Academicians and bloggers are rightly outraged.  I agree with academician Ong Kian Ming who asked: “What kind of signal does the arrest send about the state of academic freedom in Malaysia?” and Khoo Kay Peng’s condemnation of Chin Huat’s arrest as “a national shame”!

Najib should intervene to direct Hishammuddin and the police to immediately release Chin Huat or his motto of “1Malaysia. People First. Performance Now” will be the first casualty, as it would be seen as nothing more than a camouflage for
“1Divided Malaysia. People Last. Performance Never.”

                This entry was posted on Wednesday, 6 May 2009, 2:49 pm and is filed under
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Flash updates from Perak

Sivakumar(centre) removed from the chamber by the Sergeant-at-Arms and special branch officers. Pic by sun2surf

4.36 pm
 – Pakatan Rakyat ADUNs are having press conference at state assembly library. The flash updates ends here.

Sivakumar being dragged out of the House (Pic courtesy of Sinar Harian)

2. 40 pm – Speaker Siva was dragged out by 10 police officers.

50 security personnel in dewan.

2.38 pm
 – the police and civil servant and BN are trying to get rid of speaker in what ever way they can, including using brute power.

2.36 pm
 – Police, special branch, men in black and traditional malay costume, all trying to approach Speaker. Shouting and scuffling.

2.34 pm
 – Special Branch and sergeant at arm trying to attack Speaker. 6 PR men surrounding Speaker.

2.23 pm
 – Scuffle for mike in assembly. Uniformed and plainclothes police entered assembly to drag out PR Assemblyman for Teja Chang Li Kang. Total Chaos.

2.06 pm
 –
unconfirmed news…FRU now entering SUK building

1.59 pm
 – BN ADUNs taking their seat again.

1.45 pm
 –

Getting ready for any eventuality… Speaker still in his seat !!! Viva PR

1.43 pm
 Reported by Chong Eng, MP for Bukit Mertajam – Karpal, Kula, Manogaran and myself, together with another DAP lawyer are in the FRU Sg. Senam now. We are negotiating with DSP Wong to see all the 64 arrested. There are 4 MPs (Ampang, Sg Siput, Kubang Keriang and Parit Buntar) and 5 DAP State Assemblymen. We are now waiting for Deputy OCPD to see us. We want to see all detainees, but police want us to wait till they finish recording their statement.

Malaysiakini Update for 12.45pm:
 Things are turning ugly in the house. Pakatan rep Thomas Su (Pasir Pinji) ridicules Ganesan by offering him RM50 and shouting ‘Go and die’ in Cantonese.

BN-friendly independent state rep and deputy speaker Hee comes to Ganesan’s defence by snatching away the money and tearing in into pieces.

13.07 pm
 – At FRU Sg Senam – Karpal, Manogaran, Chong Eng, M.Kula and lawyer Augustine allowed into FRU area.

Meeting Ampang and Sg Siput MPs.

64 arrested thus far.

12.56 pm
 – Illegal speaker Ganesan adjourned assembly for another hour

12.34 pm
 – Pandemonium in the assembly.

Star online now refers to Siva as ‘former’ speaker. Where’s their sense of decency?!

12.20 pm
 – Ganesan wanted to sit at Secretary place. Speaker ordered him to get out.

12.10 pm
 – via FaceBook : Thomas Su  is anxiously counting down to the penultimate battle now.. The BN goons seems to be getting ready and something is cooking now… I wonder what it is…..

12.07 pm
 – Ganesan entered hall with speaker attire and seated at BN place (opposition side)

11.53 am
 – Speaker still seated. Seems like Regent will be coming in for his royal address.

Malaysiakini updates :

11.30am:
 “As long as I am here, the other speaker (Ganesan) is haram,” said Sivakumar while attempting to start the assembly sitting. His microphone is still turned off.

11.25am:
 Pakatan reps walk over to their ousted MB Mohammad Nizar to discuss their next strategy. The verbal salvos continue in the background.

11.23am:
 Sivakumar once again asks the 10 BN reps to leave the House. Failing which, he warns that he will not reconvene the sitting. But as far as BN reps are concerned, their speaker has adjourned the sitting. A shouting match erupts again.

11.21am:
 Amidst the pandemonium in the House, BN still manages to pass four motions. These include to remove Sivakumar as the speaker, to appoint Ganesan as the new speaker, to appoint new state committee members and to declare the tree assembly illegal.

11.31am
 – All seated … Ganesan left hall.

Idham Lim – Sidan Haram umum tangguh sidang namun ADUN BN masih tidak mahu keluar dewan.

Update from Idham Lim’s blog
(11.17 am) – corrected

Speaker umumkan semua usul telah ditolaknya di dalam kamar bertarikh 7 Mei dan sementara itu Zambry mengusulkan sidang ditangguh sejam dan diterima oleh sidang haram iaitu selama sejam sebagaimana yang diumumkan oleh Speaker haramnya.

Dewan menjadi senyap setelah sidang haram berakhir beberapa minit yang lepas.

Sidang Haram BN inside the Dewan

Malaysiakini Update :

11.05am: Deputy speaker Hee Yit Foong, who is now a BN-friendly independent, announces that she has taken over from Sivakumar. Standing behind a cordon of BN state reps, she orders the sergeant-at-arms to expel Sivakumar. However, no action is taken by the sergeant-at-arms.

Zambry again reads out the motion to sack Sivakumar. All BN state reps raise their hands in support. Zambry also moves the motion to appoint R Ganesan as the new speaker. This is again backed by BN reps and the three BN-friendly Independents.

Ganesan walks into the assembly hall to accept the speaker’s gown. He is quickly sworn in among the turmoil and signs the appointment document at the BN side of the assembly.

Sivakumar, who is still occupying the speaker’s seat, keeps shouting “Speaker ini haram” (He is an illegal speaker) referring to Ganesan.

Ganesan conducts the assembly meeting from the floor among the BN state reps. Zambry tries to move other motions to change a number of key posts.

11.19 am
 – All seated down at own place in Dewan. “Guest” or audience in the dewan laughing that all ADUN keeping quiet. V. Sivakumar the legitimate Speaker is waiting for 10 people (Zambry+6 illegal excos+3 frogs) to get out from dewan.

11.16 am
 – Now BN tabled the motion for the meeting under the tree is invalid and meeting to be “ditangguh” sejam but nobody leaving.

10.55 am
 –

Swearing in of speaker haram

11.09 am
 – Update from ADUN Idham Lim:

Ganesesan sedang meneruskan Sidang Haram.

Ganesan sedang mengendalikan beberapa usul berikutnya dengan mengumumkan usul perlantikan Jawatan Kuasa Dewan yang baru sesuai dengan peraturan tetap dewan negeri.

Keadaan menarik ini saya umumkan sebagai sidang “Bawah Syiling”. Sidang kebudak-budakan dan macam lakonan itu disaksikan oleh seluruh dunia dan mencemarkan demokrasi.

Lucu, aneh, tapi benar…

Update from The Nut Graph
 :

10.56am
 State assemblyperson from MIC Datuk R Ganesan is taking his oath of office as the Perak Speaker after the motion was proposed by Zambry and seconded by Hee, and supported by all BN elected representatives and the three independents friendly to the BN. Shouts of protests by Pakatan Rakyat side.

10.40am
 Speaker V Sivakumar’s microphone has been turned off. Deputy Speaker Hee Yit Foong, the DAP assemblyperson who quit the Pakatan Rakyat to become a BN-friendly elected representative, has declared the majority of the House has voted Sivakumar out and he should leave. Hee now asks the Bentara to remove Sivakumar. Tee BN ADUNs are shouting “Tronoh turun! Tronoh turun!” Sivakumar is the Tronoh assemblyperson.

11.00 am
 –

The Nut Graph – Chaos in state assembly sitting

10.55 am
 –

V. Sivakumar the Speaker!

10.50 am
 –

Hee trying to snatch Speaker’s chair

10.47 am
 – BN ask Hee Yit Fong to announce sacking of speaker V. Sivakumar.

–  From ADUN  Idham Lim’s blog :

Hee, timbalan speaker cuba ambill kuasa speaker yang masih sah.

ADUN Jelapang yang digantung dan dihalau keluar oleh Speaker cuba merampas kuasa dengan cuba membuat pengumuman tetapi cuba digagalkan oleh kebanyakan ADUN Pakatan Rakyat.

Cubaan terbaharu itu nampaknya gagap dan nampak sangat menyalahi peraturan sidang. Hee nampaknya cuba memberikan pengumuman namun dihalang oleh ADUN Pakatan.

Saya tidak pasti sampai bila keadaan kecoh ini akan berakhir.

10.46 am
 –

Scene inside the dewan

10.38 am
 – Facebook update by exco Thomas Su – the dewan is at a deadlock now. The 10 aduns refused to leave dewan and speaker will not start until they leave dewan….

Photo by The Nut Graph – Police in action

10.29 am
 – (from Dewan) The sacked Secretary Assembly wants to start doa. Was refrained physically.

10.21 am
 – DAP Ayer Tawar Councillor Phang Hean Chong and Ipoh Councillor Chan Tong Tuan arrested.

10.18 am
 – Parit Buntar MP Mujahid arrested.

10.14 am
 – From M. Kula – Those arrested at FRU Sg. Senam. We are waiting outside, not allowed in to see them.

10.11 am
 – Sg Siput MP Jeyakumar arrested under the democracy tree.

From inside the Dewan, Speaker reading announcement to send out 7 BN ADUNs.

From The Star : 10:01am
 PAS Youth chief Salahuddin Ayub detained for illegal assembly about 20m from the so-called “democracy tree” where the historic “under the tree” assembly was held on March 3.

10.04 am
 – Three ordered out. But all still seated inside. BN is extremely cool.

10.02 am
 – Announcement from speaker was made before proceeding starts. Speaker Sivakumar announced all seven (Zambry, and his usurpers excos) be out.

10.01 am
 – State Legal Advisor seated together with BN ADUNs (left, opposition). Speaker ordered him to move to the right side of the dewan. He refused, and was ordered out of the dewan.

9.55 am
 – All ADUN entering Dewan, PR are sitting govt side (right side of Speaker). (Update) Seat arrangement was that BN seat on the right. This was corrected by rightful PR Perak govt.

9.42 am
 – Lau Dak Kee, DAP Veteran Chairman arrested

9.37 am
 – Our previous Teja ADUN R. K. Muthu arrested

9.32 am
 – Blogger Zorro arrested. Kula and lawyers going to Sg Senam police station to check out all the OKT (orang kena tahan) now

9.28 am
 – Lee Kong Hing, previous NS State Organising Secretary arrested

9.20 am
 – (from Dewan) The arrival of our speaker now.

9.19 am
 – Patron of coffee shop ground floor of DAP hq chased away or arrested by police.

“This has become a war zone. This is a national and international disgrace. Even when we have received official invites from the speaker, we are refused entry,”

9.08 am
 – (PG) Sg Pinang ADUN Koid Teng Guan arrested

8.59 am
 – Ipoh Timur MP Lim Kit Siang, Ipoh Barat MP M. Kula and Teluk Intan MP Manogaran trying to go into dewan bearing Speaker invitation letter but stopped by police.
Police says Speaker’s letter tak laku.

8.53 am
 – The ADUNs are not allowed into the dewan now. The hall will only be opened at 9.45 am. All the ADUN locked out of the hall now.

8.48 am
 – List of those arrested : (NS) Bahau ADUN Tey Kok Seong, (NS) Temiang ADUN Ng Chin Tsai, (Sel) Teratai ADUN Jenice Lee

8.33 am
 – List of those arrested : Melaka ADUN Khoo Poay Tiong, Taiping Councillor Simon, a Sg Siput councillor, DAPSY Taiping Chief Tey Kok Lim

8.31 am
 – ADUN approaching dewan, 1km away. Helicopter hovering around. Police at every coner.

8.23 am
 – Police arresting people in black outside DAP HQ.

—–

Pictures :

The two kataks

Fake excos… Sitting on opposition seat

Katak on the phone in the dewan

Zambry trying out the mike to make sure it works

————

Photo by The Malaysian Insider Teratai ADUN Jenice Lee arrested earlier

———-

Picture taken at 11am

                This entry was posted on Thursday, 7 May 2009, 8:42 am and is filed under
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Najib’s 1Malaysia shredded into smithereens – disgraceful police lockdown of Ipoh and scandalous spectacle of 2 Speakers,  2 Assemblies

Flash – So far 64 people (including 4 MPs and 5 SAs from Pakatan Rakyat) arrested by police in the Ipoh lock-down!

The Prime Minister Datuk Seri Najib Razak’s 1Malaysia has been shredded into smithereens by the disgraceful police lockdown of Ipoh and the scandalous spectacle of two Speakers and two Assemblies – as if the constitutional scandal of two Mentris Besar is not bad enough for Perak and Malaysia!

It is unlikely that Najib will be able to live down the political baggage of having orchestrated the three-month Perak constitutional and political crisis and stalemate spawning two Mentris Besar, two Speakers, two Assemblies together with three renegade State Assembly members and a renegade State Assembly clerk unless he is prepared to act boldly to admit his colossal error and misjudgement and agree to the dissolution of the Perak State Assembly for the holding of Perak state-wide general election to return the mandate to Perakians.

For the sake of an unethical, undemocratic, illegal and unconstitutional power grab, Najib has brought important institutions of the country into greater disrepute, whether the police, the MACC, the judiciary and seriously impaired the vital doctrine of separation of powers.

Perakians, Malaysians and the world today witness another unethical, undemocratic, illegal and unconstitutional power grab – the office and powers of the Speaker when the Perak State Assembly has not officially met.

The mass  arrests including Pakatan Rakyat MPs and State Assembly representatives in the police lockdown of Ipoh, turning the Perak capital into a war-zone, must be condemned in the strongest possible terms illustrating the ludicrous lengths of such a baseless police crackdown.

                This entry was posted on Thursday, 7 May 2009, 12:28 pm and is filed under
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Book Launch – Unmasking Najib

Book Launch :
Unmasking Najib by Lim Kit Siang

Venue: KL Alternative Bookfest, Annexe Gallery, Central Market, KL

Date : 9 May 2009

Time : 5.00 pm

Officiated by: Tunku Abdul Aziz

Enquiries: Faisal Mustaffa – 019-223 2002

                This entry was posted on Friday, 8 May 2009, 1:34 pm and is filed under
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May 7 is the Day of Infamy for Perak and Malaysia (with videos)

May 7 is the Day of Infamy for Perak and Malaysia.

The Barisan Nasional used the law of the jungle to completely undermine parliamentary democracy, the rule of law and the doctrine of separation of powers to add another ignominious chapter to the unethical, undemocratic, illegal and unconstitutional power grab in  Perak on Feb. 5, 2009, foisting on the people of Perak  two Perak Assembly Speakers and even two Assemblies, as if the three-month-long  constitutional crisis of two Mentris Besar is not outrageous enough.

Never before in the 52 year history of the nation has there been a more shameful episode as what happened yesterday.

The sight of the legitimate and lawful Perak Speaker, V. Sivakumar physically dragged out of the Perak State Assembly still in his Speaker seat stands as an indictment of the Prime Minister, Datuk Seri Najib Razak who orchestrated the Perak “coup d’etat”, the usurper and illegitimate Perak Mentri Besar Datuk Zambry Abdul Kadir and now usurper and unlawful Perak Speaker, Datuk R. Ganesan.

These three should hold their heads in shame for bringing Perak and Malaysia to such a disgraceful depth.  As a result of the Day of Infamy, the credibility, integrity and legitimacy have plunged to an even lower ebb.

The police arrest of 69 people, including five Members of Parliament and five State Assembly representatives from the Pakatan Rakyat in the police lockdown of Ipoh, was a gross abuse of police powers and the height of irresponsibility – when ordinary Malaysians are living in fear of endemic crime, illustrated by deaths of two  pregnant snatch theft victims within 72 hours.

Jamilah Selamat, 31, who was two months pregnant and four-month pregnant Saripah Mohd Nor were killed in two separate incidents when their bags were snatched while they were on motorcycles. Jamilah died of severe head injuries when her head hit a pavement upon falling off the motorcycle in Batu Pahat and Saripah was knocked down by a car after falling off her motor cycle in Kota Bahru.

The Day of Infamy in the Perak State Assembly yesterday has made a total mockery of and pulverized  Najib’s motto of “1Malaysia. People First. Performance Now.”

All Malaysians should keep the photographs of the outrage of the Perak Speaker being  physically dragged out of the Perak Assembly by police officers and goons and demand accountability by Barisan Nasional leaders from Umno, MCA, Gerakan and MIC as to why they have brought such infamy to Perak and Malaysia.

The Day of Infamy can only be wiped out by the people of Malaysia.

Malaysians should not only keep the photographs but also the video clips of the Day of Infamy available on my blog, to remember that they must use their democratic rights to wipe out such infamy in Perak and the country.

Video of V.Sivakumar been dragged away by Special Branch from the dewan.

                This entry was posted on Friday, 8 May 2009, 3:41 pm and is filed under
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Najib must clear his own mess

By Tunku Aziz

MAY 7 – I never for a moment thought I should live to see the day when a traditional hereditary ruler of a Malay State has taken such a rapid slide in his people’s estimation, approbation and adulation as has the Sultan Azlan Shah of Perak. It took one unfortunate, ill-conceived and ill-considered decision over a petition by the Pakatan Rakyat Mentri Besar Datuk Nizar Jamaluddin, to dissolve the Perak State Assembly that has turned Perak into a politically difficult and dangerous situation.

His Highness Sultan Azlan Shah is no ordinary ruler. As a former Lord President and head of the Malaysian judiciary, he ascended the throne of Perak as someone well-qualified by education and training for what, for all practical purposes, is a largely ceremonial sinecure. Be that as it may, the position carries a heavy constitutional responsibility.

It has become quite apparent that while his legal knowledge may be assumed to be extensive, his training more than adequate, his wisdom in dealing with a delicate and important political matter of public concern, on reflection, has in my humble opinion, turned out to be questionable. A great deficiency in a ruler who showed so much early promise of being a wise, liberal minded and benevolent leader.

When the final chapter of the Perak constitutional fiasco comes to be written, the country, and the world, will be able revisit and understand better the magnitude of the debilitating effects of the royal decision on the Malaysian body politic. Malaysians, in particular, will view with horror the ugly scars left on their nation’s nascent democracy, and they will be constantly reminded how one hasty error of judgement was enough to trigger a political tragedy of the worst imaginable kind. A Greek tragedy pales by comparison.

The saddest part of all is that the resultant unseemly legal wrangling could have been avoided. The fact that the flawed decision was not reversed, within a day or two when it became abundantly clear that the decision not to dissolve the Assembly and call for fresh elections was manifestly unfair and unethical, was nothing if not sheer carelessness, in all the circumstances. I maintain that even now it is not too late to reverse that politically fatal decision and bring to an end this disgraceful episode in the history of participatory representative government in our country.

There is no disgrace or humiliation in coming to terms with one’s honest mistake. No one, even the wisest among us, is infallible. If the Sultan believes, as we know he does passionately, that his royal duty is to serve the public interest, then NOW is the time to give that commitment practical effect.

The Perak fiasco is not about to run out of steam. We must accept that the situation will get worse before it gets better. I saw the images from the State Assembly “sitting” on national television at lunch time today (7 May 2009) with a sense of unbounded revulsion. The scene of warring politicians shouting invective was not a joy to behold.

To use a medical analogy, the Perak affair will be a running sore. Only the Sultan of Perak can provide an effective cure. To ignore what is obviously an untenable constitutional position is an act of grave irresponsibility, and while the Prime Minister thinks it is a great idea for him to give the impression that he is above it all, I should like to remind him that he is not blameless, far from it. It was his active act of muddying the Perak political waters that brought about this current crisis in the first place.

He now has a chance to show that he is not a partisan prime minister, but a national statesman who is prepared to intervene decisively to put matters right in fairness and equity.

Looking back, it was not such a clever personal coup after all. His machination was so abysmally repugnant even judged by the consistently low ethical and moral political standards of UMNO/BN that I find myself wondering whether I could trust him enough to buy my next second-hand car from him; this is the same man trying to persuade us to buy his 1 Malaysia. What a man! (With apologies to G.B.Shaw)

                This entry was posted on Friday, 8 May 2009, 9:56 am and is filed under
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Release of ISA 13, including Hindraf 3 – why not today?

Home Minister Datuk Seri Hishammuddin Hussein’s announcement of the release of 13  Internal Security Act detainees, including the three Hindu Rights Action Force (Hindraf) leaders, P Uthayakumar, M Manoharan, T Vasanthakumar, is most welcome.

However, why is Hishammuddin unable to release them immediately today  instead of the “next two or three days”.

If the police can effect arrests with immediate effect, why can’t they effect releases when such a decision is taken?

Is Hishammuddin aware that one of the three mottos of the new Prime Minister, Datuk Seri Najib Razak, is “Performance Now”?

It does not speak well for the competence and  efficiency either of the Home Minister or the Special Branch if they cannot release all the 13 by today, instead of having to wait the “next two or three days”.

If there is no way to effect the immediate release of the 13 today, then the Minister in the Prime Minister’s Department in charge of KPIs for Ministers, Tan Sri Dr. Koh Tsu Koon should take note, as the KPI of Hishammuddin should be downgraded for disregard of Najib’s “Performance Now” motto.

                This entry was posted on Friday, 8 May 2009, 4:12 pm and is filed under
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Uproar in Perak state assembly

                This entry was posted on Friday, 8 May 2009, 12:09 pm and is filed under
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Hishammuddin more incompetent than Hamid Albar as Home Minister, requring longer time to release 13 ISA detainees?

Is the current Home Minister, Datuk Seri Hishammuddin Hussein more incompetent than Datuk Seri Syed Hamid Albar that the former must take a longer time than his predecessor to release 13 Internal Security Act (ISA) detainees?

When Datuk Seri Najib Razak was sworn in as the sixth Prime Minister on Friday,  3rd April 2009,  he announced in his maiden address to the nation telecast live at 8 pm the same night the release “with immediate effect” of 13 ISA detainees, including two Hindraf leaders Ganapathi Rao and R. Kenghadharan.

I had at the time expected the 13 ISA detainees to be released from Kamunting Detention Centre  latest by the next day, Saturday, 4th April 2009.

This was not to be and Ganabatirau and Kenghadharan’s families were made victims of a cruel police game of “cat and mouse” lasting some 46 hours, as both of them were only released to their homes in Selangor at about 6 p.m. on Sunday 5th April 2009 – despite Najib’s “immediate release” announcement on Friday night and the  Inspector-General of Police, Tan Sri Musa Hassan’s undertaking on Saturday midday that  the 13 ISA detainees would  be allowed to leave Kamunting Detention Centre on Sunday morning.

Now, is Hishammuddin going to take longer than 46 hours to release another 13 ISA detainees, including the remaining three Hindraf leaders under the ISA, P. Uthayakumar, DAP Selangor State Assemblyman for Kota Alam Shah, M. Manoharan and K. Vasantha Kumar?

Hishammuddin  made the decision to release the second batch of ISA detainees yesterday also on a Friday but in the  morning –  easily some 10 hours earlier than Najib’s 8 pm telecast.

Will Hishammuddin take longer than the 46 hours needed to free the first batch of 13 ISA detainees on April 5 when Syed Hamid was the Home Minister?

I still await an answer from Hishammuddin why the police can effect an arrest immediately when such a decision is taken but it is impossible to effect releases immediately following such a decision.

When will Uthayakumar, Manoharan and Vasantha be released from ISA detention? If they have to wait until Monday before they could be released, it would mean that they have to wait some 72 hours after such a decision is taken, as compared to some 46 hours in the case of Ganabatirau and Kenghadharan.

Can Hishammuddin explain why he is more incompetent and inefficient as Home Minister in this regard as compared to Syed Haid Albar?

(Speech at the Sri Tanjung Bungah DAP Branch dinner at Tanjong Bungah Community Hall, Penang on Friday, 8th May 2009:)

                This entry was posted on Saturday, 9 May 2009, 8:15 am and is filed under
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OTK – resign as Transport Minister if cannot honour pledge to “tell all” and release PwC report on PKFZ scandal

MCA President Datuk Seri Ong Tee Keat should resign as Transport Minister if he cannot honour his pledge to “tell all” and immediately release the PricewaterhouseCooper (PwC) Report on the Port Klang Free Zone (PKFZ) scandal to explain whether and why it had ballooned from a  RM1.8 billion scandal when Datuk Seri Dr. Ling Liong Sik was the Transport Minister, to RM4.6 billion under Datuk Seri Chan Kong Choy and now the outrageous  RM12 billion under Ong!

On Tuesday 28th April 2009, I called on the Cabinet at its meeting the next day to overrule Ong’s “passing-the-buck” game and direct the immediate and full publication of the PKFZ scandal in view of reports that the PKFZ scandal had escalated four-fold from the original cost of RM1.8 billion to RM8 billion.

The next day, Ong announced that the PwC audit report on the PKFZ scandal was ready and that the Port Klang Authority (PKA) had been given one week to make it public.

The one-week deadline expired two days ago, and the PwC report has still not seen the light of day!

I had eleven days ago asked the Cabinet to overrule and end Ong’s “passing-the-buck” game  because of the MCA President’s long catalogue of broken promises to “tell all” about the PKFZ scandal since his elevation as Transport Minister after the March general election last year.

As far back as 13 months ago on April 8, 2008, the Star report headlined “Ong to tell all on Port Klang Free Zone” quoted Ong as saying:

“I wish to inform the rakyat about the true situation – whether it was actually squandered, not squandered, and whether it has gone to, as well as the breakdown of the budget.”

Ong has repeatedly broken his  pledge and  one deadline after another on the release of the PKFZ report, including his undertaking reported by
the Star (November 17, 2008)

 “Ministry to release PKFZ report once it gets it”
 after the PKA Chairman Datuk Lee Hwa Beng said that “It will be up to the Transport Minister to decide if the report will be made public” –
 “Probe into PKFZ scandal under way”

(Star October 30 2008)
.

With his latest “one-week” deadline again broken, Ong is back playing the game of “passing the buck” to the PKA, whose chairman Lee Hwa Beng is giving the ridiculous explanation that the PwC report has been held back on “a technical issue” – to secure the consent PwC “subject to certain terms and conditions”.

Malaysians want Ong and Lee to know that they do not buy their latest excuses why the PwC report cannot be made public, and the Cabinet next Wednesday should just tell Ong to resign  as Transport Minister if he cannot honour his pledge to “tell all” and immediately release the PwC report on the PKFZ scandal.

The Cabinet and the Malaysian public should brook no more delays or excuses as the PKFZ scandal is shaping up not only to be the biggest MCA scandal but also among the biggest Barisan Nasional financial scandals in the nation’s history.

Many were skeptical at the
Edge
weekly cover story on April 27 on
“Total PKFZ bill – RM8 billion?”
, but latest media reports indicate that the Edge expose at the time was a serious underestimate, and that the frightening figure of the final cost of the PKFZ scandal could be a whopping RM12 billion or 6.5 times the original cost of RM1.8 billion – although the Cabinet was told when it first approved the project that it would not involve a single sen of taxpayers’ monies!.

(Speech  at the Sri Tanjung Bungah DAP Branch dinner at Tanjong Bungah Community Hall, Penang on Friday, 8th May 2009)

                This entry was posted on Saturday, 9 May 2009, 7:12 am and is filed under
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Remove  restrictive ISA  release conditions, lift ban on Hindraf and appoint Uthayakumar as member of Royal Commission of Inquiry into marginalisation of Malaysian Indians

I am calling this media conference on the release of the three Hindraf leaders, P. Uthayakumar, DAP Selangor Assemblyman for Kota Alam Shah M. Manoharan and K. Vasanthakumar from Kamunting Detention Centre under the Internal Security Act (ISA) two hours ago.

The  formation of Hindraf, the arbitrary, undemocratic and unjust detention of the five Hindraf leaders in December and the Makkal Sakti phenomenon were important factors resulting in the March 8 “political tsunami” in last year’s general election.

The time has come for the Barisan Nasional government  not just to release the three remaining Hindraf leaders under the ISA today but to come to terms and address the root causes for the alienation and marginalisation of the Indian community in the country after half-a-century of nationhood.

Neither the Prime Minister, Datuk Seri Najib Razak nor the Home Minister, Datuk Seri Hishammuddin Hussein should entertain any notion that the Malaysian Indians should “membalas budi” for the release of the Hindraf leaders, as they should not be detained without trial under the ISA in the first place.

To realistically and boldly address the root causes of the Hindraf and Makkal

Sakti phenomena, I call on Najib to implement three measures:

•	Remove all the restrictive and draconian conditions for the release of the three Hindraf leaders today, as well as on  the two other Hindraf leaders, Ganapathi Rao and R. Kenghadharan, who were released on April 5, barring them from  speaking in public, taking part in political and NGO activities, and restricting both space and time as barring them from leaving their restricted locality, to be at home by 7 pm every day and requiring them to report regularly to the police.

•	Lift the government ban on Hindraf as an unlawful organisation so that it could take part in the nation-building process; and

•	Appoint Uthayakumar as a member of Royal Commission of Inquiry into the marginalisation of Malaysian Indians which have reduced them into a new underclass in Malaysia after half-a-century of nationhood.  (More than one Royal Commission should be formed on the marginalisation of substantial  segments of the Malaysian population, whether  the ordinary Malays, Orang Asli, Kadazan-Dusun-Murut or Ibans).

The last few days have seen the public credibility and legitimacy of the Malaysian police plummet to a new low, especially with its crackdown on peaceful dissent and human rights, resulting  in the police arrest of 116 persons  in three days – including 69 arrests with 10 MPs/State Assembly members in the Ipoh lockdown on the Day of Infamy of May 7 – reminiscent of the Operation Lalang 22 years ago.

All because of legitimate nation-wide protests at the unethical, undemocratic, illegal and unconstitutional power grab, which reached a new infamy in the May 7 Perak State Assembly when  the Perak Speaker, V. Sivakumar, in Speaker robes and in  the Speaker chair, was bodily dragged out of the Assembly by police officers and goons.

There are three things which the Police must do to repair the damage it has done to its reputation and credibility in the past three days:

Firstly, Najib and Hishammuddin should direct all police personnel to back off from the crackdown on peaceful dissent and human rights expressions, regarding candlelight vigils as greater threats to national security than capital crimes or endemic crime, providing a glimpse of  the return of Mahathirism.

Secondly, a clear directive to all police personnel to  return to their basic and first duty  to protect the lives and property of ordinary Malaysians, which are under great peril as a result of endemic crime as highlighted by the death of two pregnant women, Saripah Mohd in Kota Baru and Jamilah Selamat in Batu Pahat within 72 hours, both killed in two separate snatch thefts when they fell off their motorcycles!

Thirdly, Hishammuddin and the Inspector-General of Police  Tan Sri Musa Hassan should publicly apologise for the outrage of the police arrest of five lawyers, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Puspawati Rosman, Ravinder Singh Dhalliwal and Syuhaini Safwan,  all members of the Bar Council legal aid centre for going to the aid of those arrested in candlelight vigils in protest at the arrest of BERSIH spokesman Wong Chin Huat.

(Media Conference Statement  at DAP Office in Alor Star, Kedah on Saturday, 9th May 2009 at 4.30 pm
)

                This entry was posted on Saturday, 9 May 2009, 7:30 pm and is filed under
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Hold fresh elections to end the Perak constitutional impasse

by
Dr. Chen Man Hin

Prime Minister Najib Razak was reported in the press to have cautioned elected Perak state representatives to follow the rule of jaw, as the pandemonium on Thursday 7th May and that  unruly behaviour of  elected leaders followed the law of the jungle instead of the rule of law.

Well said, except that the party that begun the law of the jungle was none other than  UMNO, the  party of the  Prime Minister because he master-minded and executed the take-over of the Perak state government by using unconstitutional means.

His plan first arraigned  two PKR state excos  on trumped-up charges of corruption and compelled them to leave the PR and later to support  Barisan National.

Next the Jelapang  state assemblywoman was induced to leave DAP and support Barisan National with promises so huge as to be beyond imagination.

The admission of these  three extra members to the Barisan side gave them an alleged  majority in the state assembly to stake claim of eligibility to form the state government.

THE NEXT STEP WAS TO INDUCE ROYALTY TO DISSOLVE THE PERAK STATE ASSEMBLY AND FORM A NEW BARISAN LED GOVERNMENT.

THIS WAS THE CRUCIAL MOVE BUT IT WAS UNCONSTITUTIONAL AND ILLEGAL, AS IT WAS ULTRA VIRES THE PERAK STATE ASSEMBLY STATUTES.

The Perak Mentri Besar can only be removed by a vote of no confidence in the Assembly which was never done. Under the Perak Constitution, the Sultan of Perak has the power to appoint but not the power  to remove the Mentri Besar.

Hence, the legal Perak government is still  the PR government and not Barisan. Tun Dr Mahathir stated emphatically two days ago,  that the power to dissolve Parliament rested with the members of parliament and not the Agong.

Similarly, the power to dissolve the Perak state assembly rested not with the Sultan, but with the members of the assembly.  The sultan cannot appoint the new government. It is the state assembly that forms the new government.

So it is the Prime Minister assisted by his kitchen cabinet who  has not followed the rule of law and instead adopted the law of the jungle – of threats, bribery and ignoring the  Perak Constitution.

It is also obvious that  PM Najib has also subverted the Attorney-General Gani Patai who dared to claim that the Sultan of Perak has the power to dissolve and appoint a new government in Perak, in direct contradiction to the views of Tun Dr Mahathir

IGP NOT ABIDING BY RULE OF LAW

Sdr Karpal Singh was accosted and surrounded by belligrent UMNO leaders at the entrance hall of Parliament some months ago, with police officers who were standing by, kept silent and did nothing to protect Karpal Singh from the  hostile Umno group.

When pressed for an explanation IGP Tan Sri Musa Hassan, said policing Parliament did not include  Parliament affairs, and therefore the police  did not intervene to protect Karpal.

On the other hand, the police were actively engaged in taking the side of Barisan within the Perak State Assembly. Police officers in plain-clothes actively dragged, pushed and bundled Speaker Sivakumar out of the assembly, despite protests from the Speaker. The scene was captured live on camera and TV.

IGP Musa should explain the coarse and humiliating act of his police officers, who brutally wrenched the lawful Speaker out of the Assembly.

His police officers were supposed to maintain peace and order. Instead they joined in the mayhem and gave full support to Barisan leaders to oust the legally appointed Speaker, and then quarantined him for an hour.

IGP Musa should explain the double standards of his police officers and why were his officers so biased against PR by manhandling the legal Speaker and preventing him to fulfill his duties as Speaker.

IGP Musa should be reminded that the police force is mandated to be impartial and to maintain law and order and execute their duties in the interests of the people and justice, and not be a puppet of the government. If they see injustices perpetrated by the government, the police should  not condone the injustices, but must prevent any wrongdoing.

The IGP should not be involved in partisan politics. His calling is higher, which is to safeguard justice, security  and law and order for the people.

TIME TO CALL FOR FRESH ELECTIONS OF THE PERAK STATE GOVERNMENT TO SOLVE THE POLITICAL IMBROGLIO.

It is obvious that the present political scenario is unacceptable and unsustainable from the political, economic and social viewpoints.

The uncertainties will affect economic development and will add to the burdens imposed by economic recession. Unemployment will increase.

The PR government which was mandated to be the government after March 8th 2008 has been ousted by an unconstitutional coup d’etat. The upstart Barisan government is in the driver’s seat but it is proving to be  most unpopular and does not enjoy the confidence of the people.

The people deserve to have a government of their choice, in order that the state of Perak can move forward and give the people more opportunities and a better life.

THE SOLUTION IS TO HAVE FRESH ELECTIONS FOR THE STATE OF PERAK,  TO ELECT A PEOPLE-CENTERED GOVERNMENT. THIS IS THE GENERAL CONSENSUS AMONG THE PEOPLE, AND  NGOS INCLUDING THE BAR COUNCIL OF MALAYSIA. HUNDREDS OF LAWYERS DEMONSTRATED YESTERDAY TO CALL FOR FRESH ELECTIONS IN PERAK.

                This entry was posted on Sunday, 10 May 2009, 5:04 am and is filed under
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Preamble to a Penanti proclamation

by
Azly Rahman

Two scores and ten years ago, our forefathers and foremothers brought forth in this kampong the plan for a just republic that never materialised. We argued and waged peace for a republic of virtue but instead were given a warmongering State of Denial.

We toiled to establish a kingdom of peace and tolerance but saw instead the evolution of a dictatorship of plutocracy and totalitarianism. We have become ‘It’ in our journey towards the ‘Thou’. The “I” in us has gone astray, intoxicated by the “it-ness” of things.

Two scores and ten years ago, we thought we had Independence – given on a silver platter by a dying imperial power. But what we got was a state that evolved out of ketuanan Melayu. We wanted Liberty but we got Plutocracy.

Two scores and ten years later we are seeing a country divided, sub-divided, and further sub-divided into tribes and post-industrial tribes. The politics of race have strengthened and inspired the few to plunder and patronise the many. We are seeing chaos disguised in the name of consensus.

We live in an imperfect world. We live in Maya, in the shadow of Plato’s cave. We have allowed totalitarianism, corruption, repression, and hedonism to take root in our democratic institutions.

We constantly need to make changes to our institutions, so that democracy will have its breathing space, will evolve, and will flourish in accordance to the laws of Nature.

As the French philosopher Jean Jacques Rousseau once said: “Everything in good in the hands of the Author of things, everything degenerates in the Hands of Man…”

In Malaysia, imperfection has made us slaves to the policies created out of our prejudices and arrogance, out of our greed and lust for power, and out of our ill-conceived idea of human liberation and economic development.

But let us not despair for even religion has asked us to revolt against the corrupt few; and philosophy has given us the wisdom to tear apart totalitarianism. We must recast our vision and cast off our garments of illusion.

Voices of change

This imperfect world needs more than just incremental change and compromise. It needs radical changes and no compromises. We made that change, sudden yet peaceful and civil, on March 8 last year. It was our Velvet Revolution, inspired by our own sense of non-violence, aided by technologies of cybernetics.

Those hard long years of battling injustices, the sacrifices of those imprisoned without trial, of those humiliated and stripped of their dignity, those brutally beaten, those hunted down on the streets of our cities, those silenced and stupefied in our universities, those sprayed with chemicals, and the voice of the little girl – a child of the Hindraf revolution who brought roses to ask for her father’s release – all these violent images of oppression that we do not deserve have taught us to be stronger.

A few days before the Malaysian tsunami that swept away the powerful machinery of the ruling regime, sweeping it to the backyard of our national history, we were battling with this feeling that the regime would still be holding power and will continue to use it to oppress, intimidate, and to rob the people – for another 50 years.

We are now at an exciting historical juncture. No longer are we objects of history; we have become makers of history. History marches on, crafted by those oppressed by their own people..

Let Penanti not be a wait that abandoned us on this dangerous crossroad of history. This victory is already ours. We cannot underestimate our struggle – the struggle of Malaysians regardless of race, class, gender, creed and origin.

This victory will be a gift for our children. This will be the best gift we can leave the next generation in a country where ‘justice’ is put in its proper place.

This is the concept of adil and is what we base our struggle on. This is the concept of bersih, cekap, amanah in the truest sense of the word.

OUR USUAL REMINDER, FOLKS:

While the opinion in the article is mine,

the comments are yours;

present them rationally and ethically.

AND — SET ALL I.S.A. DETAINEES FREE]

                This entry was posted on Sunday, 10 May 2009, 4:26 am and is filed under
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RM12 billion PKFZ scandal – six times bigger than RM2.5 billion BMF scandal of Mahathir

MCA President and Transport Minister, Datuk Seri Ong Tee Keat should stop running from the question why he had failed to honour his repeated public undertakings to “tell all” and make public the full report of the PricewaterhouseCoopers (PwC) audit into the mega-billion ringgit Port Klang Free Zone (PKFZ) scandal. Malaysians want to know what he is hiding.

The PwC audit report into the PKFZ scandal has been described in the media as “a damning disclosure of mismanagement, clandestine deals, conflicts of interest and a total disregard for transparency and accountability” for a project which was supposed to cost RM1.845 billion in 2002 under the then MCA President and Transport Minister, Datuk Seri Dr. Ling Liong Sik but ended up at RM4.6 billion under MCA Deputy President and Transport Minister, Datuk Seri Chan Kong Choy.

Now, horror of horrors, it is reported that the final cost of the PKFZ scandal under MCA President and the third MCA Transport Minister, Datuk Seri Ong Tee Keat is the frightening figure of RM12 billion, which would have to be borne  by the Malaysian taxpayers although the Cabinet had been assured in 2002 that the PKFZ project was a feasible, self-financing project that would not require a single sen of government financing!

If the PKFZ scandal had ballooned from RM1.8 billion in 2002  to RM12 billion in seven years under three MCA Ministers, it will be six times bigger than the first Mahathir mega financial scandal – RM2.5 billion BMF scandal!

RM12 billion of public funds is no chicken feed – it could build three Penang Bridges at RM4 billion each, 120 hospitals at RM100 million each, 1,200 schools at RM10 million each or 300,000 low-cost houses at RM40,000 each!

The MCA national leadership must fully account as to how three MCA Ministers in the past seven years had presided over one of the biggest financial scandals in the nation’s 52-year history.

The latest excuse of a
“technical issue”
 preventing the full publication of the PwC report – that the Port Klang Authority Chairman Datuk Lee Hwa Beng had only written to the PcW on April 30 to seek its consent to release the report – is most laughable and a terrible reflection of
Ong’s Ministerial irresponsibility
 to honour his  14-month pledge to reveal the whole truth about the PKFZ scandal.

(Dinner speech in Sungai Lalang,  Sungai Patani on Saturday, 9th May 2009 at 9 pm)

                This entry was posted on Sunday, 10 May 2009, 7:21 am and is filed under
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Why Najib’s good Vesak Day message fell flat

I commend the Prime Minister, Datuk Seri Najib Razak for a great
Vesak Day message
, when he called on Malaysians not to focus on differences between one another, but to look for similarities and common ground,

Although Najib invoked the call “In the spirit of human progress, in the spirit of developing this great country, in the spirit of 1Malaysia”, it unfortunately fell flat because the actions of his government in his first month as Prime Minister failed to match his slogan of “1Malaysia. People First. Performance Now.”

Despite  his attendance at the Vesak celebrations at the Fo Guang Shan Dong Zen Buddhist Temple in Jenjarom yesterday, Najib had not been able to evoke the electrifying effect his predecessor, Datuk Seri Abdullah Ahmad Badawi created in his first Christmas message  as Prime Minister in his second month in office in December 2003, and when he was guest-of-honour at the Christian Federation of Malaysia (CFM)’s Christmas reception in Brickfields, Kuala Lumpur six years ago.

Najib and his think-tank should give deep and serious study as to why his premiership has not been able to launch off successfully despite various goodies and promises of more to come.

One important reason is that Najib came to the premiership with very heavy political baggage which he failed to unburden himself.  Secondly, his slogan could not catch fire like Tun Mahathir’s “Amanah, Bersih, Cekap” or Tun Abdullah’s “Cemerlang, Gemilang, Terbilang” during their respective  premierships simply because government actions in his first month of Najib premiership were the very opposite of his slogan of “1Malaysia. People First. Performance Now.”

Just three examples.

Firstly, the May 7 Day of Infamy at the Perak State Assembly. As  Najib rightly said, the pandemonium at the Perak State Assembly was  shameful, tragic and tarnished Malaysia’s image.  However Najib did not complete the sentence, as it was Najib who must hold the greatest responsibility for the Day of Infamy for Perak and Malaysia as the “original sin” of these infamous events was  the February 5 unethical, undemocratic, illegal and unconstitutional power grab in Perak which he had personally orchestrated.

This has produced two Mentris Besar, two Perak Speakers, even two Assemblies.

Is it any wonder that  Najib’s 1Malaysia could not produce resonance or inspire meaning among Malaysians, as all the people  see is  1Divided Malaysia, even 1Black Malaysia. How can there be 1Malaysia when he had played the most critical role in ensuring that there is no 1Perak?

Secondly, police misconduct and gross abuse of power in the first month of Najib premiership, reminiscent of the return of Mahathirism with arbitrary arrests of 116 people in three days last week, while Malaysians are exposed in peril of their life because of endemic crime as highlighted by the death of two pregnant women, Saripah Mohd in Kota Baru and Jamilah Selamat in Batu Pahat within 72 hours, both killed in two separate snatch thefts when they fell off their motorcycles!

Furthermore, how could the police be  so crass and high-handed as to:

(i)	arrest anyone in black in the Ipoh lockdown on May 7, as if the peaceful “1Black Malaysia” protest campaign is a greater threat to national security and public safety than big-time criminals and snatch-theft killers?

(ii)	Arrest five lawyers, Fadiah Nadwa Fikri, Murnie Hidayah Anuar, Puspawati Rosman, Ravinder Singh Dhalliwal and Syuhaini Safwan, all members of the Bar Council legal aid centre for going to the aid of those arrested in candlelight vigils  in Kuala Lumpur in protest at the detention  of BERSIH spokesman Wong Chin Huat for sedition?

(iii)	Violate the sanctity of the Perak State Assembly  in bodily dragging the Perak Speaker, V. Sivakumar in Speaker robes and in the Speaker Chair, recorded on camera and video, from the Assembly?

Now the police are ashamed as  their misdeeds at the Perak State Assembly on the May 7 Day of Infamy are recorded on camera and video, available nation-wide and world-wide on the internet,  resulting in even more crass police actions, as in the arrest of one person and police  confiscation of one DVD player, three projectors, two mobile screens and other equipment at the thousand-people DAP dinner in Sitiawan last night for playing the video clip of the “Day of Infamy”!

When the police become full-time video, lap-top and mobile handphone snatchers, like the book-burners of tyrants and emperors in olden ages, does Najib really expect Malaysians to buy his slogan of  “1Malaysia. People First. Performance Now”?

Thirdly, Najib is grossly mistaken if he thinks that he had reached out to the aggrieved and marginalized Indians who have been awakened to their rights by  the Hindraf and Makkal Sakti phenomena with the release of the five Hindraf leaders under the Internal Security Act – the trio, P. Uthayakumar, DAP Selangor Assemblyman for Kota Alam Shah M. Manoharan and K. Vasanthakumar yesterday while Ganapathi Rao and R. Kenghadharan were released a month ago.

Najib should not behave like the Deputy Prime Minister, Tan Sri Muhyiddin Yassin, expecting Makkal Sakti to “membalas budi” for the release of the five Hindraf leaders for two reasons.

Firstly, the five Hindraf leaders should not have been detained under the ISA in the first place as they should be tried in court if they had committed any offence against the law of the country.

Secondly, by imposing restrictive and draconian conditions for the release of  the five Hindraf leaders, the government is sending out a clear, unmistakable and unacceptable message that it is not prepared to fully address the long-standing  grievances of marginalization, discrimination and alienation suffered by the Malaysian Indians in the country.

Instead of praising Najib sky-high for the ISA releases, MIC President Datuk Seri Samy Vellu should tell Najib that what the Prime Minister  had done were   just not good enough, that more is expected, including:

•	Removal of all the conditions imposed on the five Hindraf leaders for their ISA release;

•	Lift the government ban on Hindraf as an unlawful organisation so that it could take part in the nation-building process; and

•	Appoint Uthayakumar as a member of Royal Commission of Inquiry into the marginalisation of Malaysian Indians which have reduced them into a new underclass in Malaysia after half-a-century of nationhood.

Samy Vellu should boldly and bravely inform Najib that unless these three conditions are met, his “1Malaysia. People First. Performance Now” would not have much meaning for the marginalized Malaysian Indians who are the backbone of the Makkal Sakti movement.

Similarly, Najib should wake up to the brutal truth that unless there is a total change of mindset among the Barisan Nasional  political leadership  and the government institutions so as to address outstanding problems like the May 7 Day of Infamy for Perak and Malaysia and the police gross abuses of power, the slogan of “1Malaysia. People First. Performance Now” will be regarded as a cruel joke among Malaysians even before the end of Najib’s First 100 Days.

                This entry was posted on Sunday, 10 May 2009, 1:40 pm and is filed under
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A number 1BlackMalaysia day indeed

by
Beth Yahp

Malaysiakini

May 7, 09

Yesterday I was hoping against hope that everything I know about the current political culture in Malaysia would today be proved wrong.

I’d hoped that democratic ‘due process’ would indeed take place in the Perak state assembly—and its environs—and that it would be upheld by lawmakers, police, civil servants, and the courts of justice who purportedly serve the Malaysian people who put them in office and, directly or indirectly, continue to pay their salaries.

Instead, what I’ve watched unfolding today is a scene directly from a police state: barbed wire cordoning off a democratic house of assembly; activists, lawmakers and ordinary rakyat being intimidated and arrested like criminals, because apparently it’s now a crime to wear black and have breakfast in the vicinity of the one place where your voice as a citizen is supposed to be heard. Fairly and freely.

I’ve seen the Perak state assembly descending into chaos in a naked power grab that makes a mockery of every claim to fairness, justice and democracy that the new regime of our newly-minted prime minister, who apparently orchestrated the whole debacle, may make.

It’s not a pretty sight. Naked ambition never is. Maybe both sides are to blame, neither willing to relinquish power. If so, surely it’s the democratic right of the people of Perak to decide who should go and who should stay. It is not the right of lawyers, civil servants or the Special Branch to do so.

What happened today is a sight that fills me with grief, because it shows clearly what ‘lessons’ the ruling coalition has learned since the rakyat conveyed their unhappiness in the ‘tsunami of change’ on March 8 last year. That is, this new regime believes, like its predecessors, that the old way still prevail, and that every trick in the book is permissible in order to grab and wield power in Malaysia while denying the rakyat their legitimate voice in free and fair polls.

From the weaknesses of ‘froggy’ lawmakers to the impartiality of the royalty, police, civil service, mainstream media and judges—this list is not exhaustible—all can be exploited, coerced, bought, intimidated or seduced over to your side by whatever means necessary. We don’t know what means are used, but we see the results.

House standing orders can be thrown out the window. The speaker can be carted away like a sack of potatos. The ordinary citizen in the street can be scared away or cordoned off like sheep. Bloggers and other commentators, if not already on-side, can be arrested, charged and perhaps fined far beyond their income-brackets. Those on-side can and usually are richly rewarded.

What this new regime is teaching us is the assumption that every Malaysian man and woman, every civil servant, every law enforcer, lawmaker and interpreter of the law in this country—perhaps even the law itself, even the Constitution—has a price, whether in the form of ringgit, or personal interest, or a bludgeon.

Every one of these can be bought and sold, applied as-you-please, adjusted here-and-there, or threatened into submission, while the principle of cakap tak serupa bikin fills our ears with platitudes, and our civil institutions—shaped by 51 years of systemic abuse of power—continue white-anting every effort at true democratic change.

A coup in Perak

Four key civil servants, supposedly impartial, have played an enormous part in the efforts to oust the democratically elected menteri besar and speaker of the Perak state assembly. I would go so far as to say it couldn’t have been done without them: the legal officer, the state assembly secretary, the sergeant-at-arms and the faceless person who turned off the speaker’s microphone in the Dewan.

Somewhere along the way, these unelected and unaccountable individuals have decided to renounce their service to the rakyat and instead of fulfilling their brief as public servants have chosen to become masters of the public. When public servants lose impartiality to the extent of openly attempting to bring down governments, it’s a black day indeed for democracy. What has taken place in Perak is a coup.

Since February, we’ve been watching—painfully, incredulously—while all these lessons unfolded in Perak and the courts, especially the Federal Court in Kuala Lumpur. Are these the lessons we want our children to learn? Is the undignified scuffle in the Perak state assembly the kind of democracy we’ll bequeath to them?

I’m wearing black today, as arrested activist and lecturer Wong Chin Huat asked before he was whisked away in the night, denied access to his lawyers. ‘Let us be united in one black colour and let’s show the world that the 1Malaysia under Najib is 1BlackMalaysia living in darkness.’

This darkness didn’t happen overnight. And it won’t dissipate overnight. We have all contributed to it, by our silence, our apathy, our self-interest, and our fear. These qualities have been so indoctrinated in us that, like it or not, they are part of what makes us Truly Malaysian. We are so used to people telling us what we’re allowed to say and do. Why not also what to wear? What to think? What to be?

I guess all we can do at this juncture is take a good look at Perak, and then take a good look at ourselves, and ask: Is this how we Malaysians really want to be?

(BETH YAHP is author of prize-winning novel, ‘The Crocodile Fury’, which has been translated and published in several languages.)

                This entry was posted on Monday, 11 May 2009, 5:17 am and is filed under
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From May 13 to 1Malaysia – The Future of Malaysian Nation Building

Sticky Post – Scroll down for latest posts.

Live webcast @
http://tv.dapmalaysia.org

Watch live video from DAP Malaysia on Justin.tv

Public forum: “From May 13 to 1Malaysia – The Future of Malaysian Nation Building”

Date : 13 May 2009

Time : 8.00 pm

Venue Civic Hall, MBPJ, Petaling Jaya, Selangor (
MAP
)

Enquiries: 016-323 1563/ 016-291 3453

Opening by Datuk Seri Anwar Ibrahim

Speakers:

Lim Kit Siang, DAP Parliamentary Leader, Ipoh Timur MP

YAB Datuk Seri  Mohd Nizar Jamaluddin, Menteri Besar Perak, Bukit Gantang MP

Tunku Abdul Aziz, DAP National  Vice Chairman/Penang Senator-designate

Khalid Abd. Samad, Shah Alam MP

K. Ragunath, President of Bar Council Malaysia

N.H.Chan, Retired Court of Appeal Judge

Prof. Azmi bin Sharom, Law Professor

Tricia Yeoh, Research Officer to Selangor MB

Tan Sri Abdullah Ahmad aka (Dollah Kok Lanas); Former NST Group Editor-in-Chief

                This entry was posted on Monday, 11 May 2009, 5:28 pm and is filed under
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My first twittering day

This is the
twitter updates
 from KL High Court in Nizar vs Zambry case. From 3 – 4pm

# great judgment nizar will seek audience with sultan for dissolution

# judge rejects stay appln

# zambry counsel applying for stay of declaration

# judge declares nizar lawful mb

# judge – mb can only be dismissed by no confidence motion in assembly

# judge – assembly never had no confidence motion, material

# judge – mb can request dissolution without having lost majoritya

# judge upholds stephen ningkan judgment

# judge rejects ag’s ‘deeming’ argument – no ambiguity in constitution

# judge says perak constitution does not contemplate mb dismissal by sultan

# judge says once mb appointed by sultan, mb is answerable to assembly

# kl high court judge delivering judgment so far so good keep fingers crossed

# Will try to tweet the High Court decision later using my handphone. (1pm)

5.30 pm – Deborah Loh of
TheNutGraph
 has given the following report of the historic High Court judgment by Justice Datuk Abdul Aziz Abdul Rahim: –

KUALA LUMPUR, 11 May 2009: The Kuala Lumpur High Court today ruled that Datuk Seri Mohammed Nizar Jamaluddin is the rightful menteri besar of Perak.

High Court (Appellate and Special Powers Division) judge Datuk Abdul Aziz Abd Rahim, said the menteri besar can only be dismissed by a no-confidence motion in the state legislative assembly.

“The stark fact is, there never was any vote of no-confidence taken in the legislative assembly.

“So how could one say that the applicant (Nizar) had ceased to command the majority confidence? Evidence as to the loss of confidence was taken from various sources and not a vote in the assembly,” said Abdul Aziz.

Abdul Aziz, in his decision on the judicial review application filed by Nizar, also ruled that there was no vacancy in the menteri besar post.

“I am of the view that the office of the menteri besar of Perak has never become vacant or been vacated.

“Only in this manner (a vote of no-confidence) can the menteri besar be forced to resign.”

Nizar was ousted after Barisan Nasional (BN)’s Datuk Seri Dr Zambry Abdul Kadir was sworn in as Perak menteri besar on 6 Feb following the BN takeover of the state government. This happened after the Pakatan Rakyat lost its majority in the state assembly when three of its assemblypersons opted to become BN-friendly independents.

However, Nizar, who had earlier sought an audience with the sultan of Perak to request the dissolution of the state assembly, filed suit against Zambry.

On 13 Feb, Nizar, 52, filed an application to the court for a declaration that he is at all material times the menteri besar of Perak. He also sought a declaration that Datuk Seri Dr Zambry Abdul Kadir has no right to hold the office of menteri besar.

After the decision was announced, Zambry’s counsel Cecil Abraham immediately applied for a stay of execution of the High Court’s decision to declare Nizar the rightful MB. However, Abdul Aziz rejected the verbal application for a stay, but allowed them time to file a formal application.

Zambry’s lawyers want a stay to the court’s declaration today in order to file for an appeal of the High Court decision.

After the High Court’s decision, Nizar released a statement asking Zambry and the other executive councillors to vacate their posts with immediate effect in compliance with the court order.

Nizar also said an exco meeting would be held as soon as possible, and that he (Nizar) would return to Perak immediately to seek an audience with the sultan of Perak to request a dissolution of the state assembly.

He also announced that the state legal adviser, Datuk Ahmad Kamal Md Shahid, is suspended with immediate effect.

                This entry was posted on Monday, 11 May 2009, 5:03 pm and is filed under
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Najib’s “open mind” to resolve Perak constitutional/political crisis with PR leaders “refreshing”

At a media conference in  Alor Setar on Saturday, I said that the time had come for the Prime Minister, Datuk Seri
Najib Razak to meet with Pakatan Rakyat leaders to resolve the three-month-long Perak constitutional and political impasse
 so that Malaysians in Perak and the country can focus single-mindedly on tiding the nation through the world’s worst economic crisis in a century.

This had become imperative after the May 7 Day of Infamy which brought unprecedented international shame to Malaysia as a modern and developed country not only by the trampling of  human rights and the rule of law in the  gross abuse of police powers in the completely unjustifiable lock-down of Ipoh but also in  the flagrant violation of the doctrine of separation of powers highlighted by the photographs and video clips  flashed around the world of the Perak Speaker, V. Sivakumar  in Speaker robes and in Speaker Chair being bodily dragged out of the Legislative Assembly.

The image that the May 7 Day of Infamy projected to the world is that Perak and Malaysia are degenerating into  failed states like Zimbabwe, Somalia and Congo in Africa rather than a nation aspiring to first-world developed-nation status.

This was why my first reaction to the scandalous spectacle not only of  two Mentris Besar but also two Speakers and two Assemblies in Perak, and the physical removal of the Speaker – the most shameful episode in the history of parliamentary democracy, not only in Perak, Malaysia but also  the world –  was to point out that the biggest casualty of all was Najib’s “1Malaysia” slogan, which had been “shredded into smithereens” by the May 7 Day of Infamy.

Is it any wonder that  Najib’s 1Malaysia could not produce resonance or inspire meaning among Malaysians, as all the people  see is  1Divided Malaysia, even 1Black Malaysia. How can there be 1Malaysia when he had played the most critical role in ensuring that there is no 1Perak?

The maltreatment of the Perak Speaker is all the more unacceptable as it happened at a time when Malaysia is Chairman of the Commonwealth Parliamentary Association – with Malaysia reduced to a laughing-stock in world parliaments when we should be at the acme of  international parliamentary reputation.

I do not know whether Datuk Seri Mohd Shafie Apdal is going to resign in shame  as Chairman of the worldwide Commonwealth Parliamentary Association but Perakians and Malaysians have to hold their heads in shame at the May 7 Day of Infamy.

I have been receiving a lot of mail from Malaysians outraged that Malaysia is becoming a failed state, with ordinary Malaysians suffering from endemic crime, pregnant women being killed by snatch theft killers, young girls raped in daylight when taking taxies, while massive police are deployed not to ensure the safety of citizens and visitors but the political security of Barisan Nasional politicians.

This letter from Azmin Ahmad Hasmat Ali is one such letter:

Dear YB Lim,

It’s time we as Malaysian, stop politicking at pool our strength and address the things that matters.

I read with great sadness and dismay the report below on NST online. While the politicians are  busy fighting each other on petty one-upmanship, a poor your girl’s life has been ruined….permanently.

(This is the case of a 17-year-old girl in Subang Jaya who  wanted to go from SS14 to SS15 to meet a friend, but the short trip turned into a nightmare when she was assaulted and raped by a taxi driver.)

Why can’t the leaders who the rakyat elected, get on with their job?

Is it too hard to expect that our citizens are fundamentally safe?

How many more cases of rape, snatch theft, crime must we read before any action is taken.

Let’s rise above stupidity of who said what, and who is more religious than the other.

Spare a thought for the young girl below.

I am sad to be a Malaysian. No…I am utterly ashamed to be a Malaysian because we have failed to protect our citizens. We have failed and we need leadership….decisive leadership to move us out of this darkness of hate, crime and jealousy.

Are there any good leaders out there? Will someone step up??

It is indeed time that all leaders, whether Barisan Nasional or Pakatan Rakyat, listen and respond to these cries and outrages from the people.

I find Najib’s open mind to resolve Perak crisis with Pakatan Rakyat leaders “refreshing” coming from a person who had tied the knot and who have to untie it or  may even to  cut the Gordian knot to end the debilitating political and constitutional crisis in Perak which has become a national and even international problem for Malaysia.

Nobody is talking about the formation of a coalition government between Barisan Nasional and Pakatan Rakyat to resolve the three-month-long political and constitutional crisis, which had also undermined the credibility and public confidence of important  national institutions like the Police, the Election Commission, the Malaysian Anti-Corruption Agency, the Judiciary and the Monarchy.

But a solution must be found, based on fully respecting the sovereign rights of the voters of Perak to elect the government of their choice – to end the haemorrhage of the credibility and confidence in governance in Perak and Malaysia.

I will discuss with Pakatan Rakyat leaders on Najib’s preparedness to have an open mind on the matter and will then contact the Prime Minister.

I should have something to announce when I attend the public forum
“May 13 to 1Malaysia – Future of Nation Building”
 at the Petaling Jaya Civics Centre on Wednesday night (May 13) in conjunction with the “May 13” 40th anniversary.

                This entry was posted on Monday, 11 May 2009, 12:19 pm and is filed under
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RM12 billion PKFZ scandal – stop appointing MCA lackeys as PKA Chairman

Datuk Lee Hwa Beng should have been sacked instead of being re-appointed as Port Klang Authority (PKA) Chairman as he is not efficient, competent or professional about the release of the PricewaterhouseCooper report on the mega-billion ringgit Port Klang Free Zone (PKFZ) scandal.

The Edge weekly (April 27 – May3, 2009) which carried the cover story of “Total PKFZ bill – RM8 billion?” published a letter from Datuk Lee Hwa Beng responding to the Edge expose, saying that the Transport Minister, Datuk Seri Ong Tee Keat had in early April made a statement that the release of the PKFZ report was “up to the PKA” but as his term as PKA  Chairman “had technically expired on March 31 this year, I was not able to respond” to the Edge report.

This however did not prevent him from  saying that he had read the PwC final report and saying that it “cannot be released while awaiting declassification by other government departments”.

I had in my media statement of April 28 posed this question to the Transport Minister:

“Can  Ong explain his Ministerial inefficiency and incompetence in allowing the post of PKA Chairman to remain vacant from March 31, when he should have known that it is important to either re-appoint Lee or appoint a new Chairman so that no one could make the excuse that no decision could be made during the month of April on the publication of the PwC report on PKFZ scandal as the post of PKA Chairman is vacant!”

There was no answer from Ong but he promptly re-appointed Lee as PKA Chairman, who has since come out with a new reason for the delay in the release of the PwC Report on the PKFZ scandal –  the “technical issue” that the report could only be released with the consent of PwC.

Lee said after the expiry of Ong’s one-week deadline for the release of the  PwC report that he had written to the PwC on April 30 to seek its consent and PwC replied on May 4 that consent will be given subject to “certain terms and conditions”.

This is most ridiculous. Who owns the PwC report on the PKFZ scandal – the PwC or PKA?  How much did PKA pay PwC for the PKFZ audit? Or is the PKA delinquent in owing money to PwC for its audit report?

What are these “certain terms and conditions” for the release of the PwC report when all along the public had been told the problem causing the delay of the release was with the declassification under the Official Secrets Act by the relevant Ministries?

Why didn’t both Ong and Lee know beforehand about this “consent” required to be sought from the PwC although it is the PKA who is paying PwC for the audit?

This is why Lee should be sacked instead of being re-appointed as PKA for such inefficient, incompetent and unprofessional conduct.

It is time to stop appointing MCA lackeys as PKA Chairman – highlighted by the PKFZ scandal which has ballooned from RM1.8 billion in 2002 under Datuk Seri Ling Liong Sik as Transport Minister, to RM4.6 billion under Datuk Seri Chan Kong Choy and now to the frightening figure quoted by local and foreign media as RM12 billion under Ong.

                This entry was posted on Monday, 11 May 2009, 7:02 am and is filed under
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The Lesson From Perak

by
M. Bakri Musa

The current political paralysis in Perak reflects the major failures of our key institutions.  It is a total breakdown at the palace, the legislature, and the permanent establishment.  It also exposes the glaring inadequacies of the judicial system which has yet to adjudicate this critical and urgent matter of state.

It is not however, the failure of the people, as some pundits have implied by quoting the old adage that we deserve the government we get.  It is the voters’ prerogative whether to grant the incumbent party a stunning victory, humble it with an unstable slim majority, or even throw it into the ranks of the opposition.  Canada and Italy have a long history of minority governments, and they have managed well.

A mark of a mature democracy, or any system for that matter, is the transfer of power from one entity to another smoothly and predictably.  Perak is a spectacular failure; it is also a preview for Malaysia.

Perak is one of three state governments that changed hands as a consequence of the 2008 general elections.  In the other two, Kedah and Penang, the transition went much smoother.  There were hiccups of course, like the destruction of state documents and the dissolution of legislators’ wives’ club in Selangor, for example.  That reflected more infantile behaviors than institutional failure.  Why Perak should be the exception merits careful consideration.

We used to assume that if only we could get qualified and experienced people, then no matter how battered or inadequate our institutions, those people would rise up to the challenge.  In Perak, we have a sultan who by any measure is the most qualified and experienced, having served as the nation’s top judge for many years.  Yet his decision in this critical matter, which demanded the most judicious of judgment, proved to be unwise and precipitous.  And that is putting it mildly.

This is not hindsight.  Even at the time when he made that pivotal decision (which was the singular event that triggered developments which culminated in the spectacle of May 7), the voice of the people was loud and clear.  Only that the sultan refused to hear or chose to ignore it.  No amount of subsequent royal pontifications will ever rectify or justify this error.  Only a reversal of that earlier erroneous decision would.

It was too bad that Sultan Azlan Shah deputized his Raja Muda to the May 7th opening of the legislature.  While that may have spared the sultan the spectacle and embarrassment of being physically entrapped by the bedlam, he missed a splendid opportunity to witness firsthand what his modern-day version of hulubalangs was up to!  Instead it was his Raja Muda who was left to cool his heels for a good six hours!  Well, let us hope that at least it was an edifying experience for him.

It was nonetheless pathetic to see the Raja Muda reduced to pleading for respect for his speech!  Few, not even the normally pliant mainstream media, bothered to carry his speech in full.  So much for the respect that he desperately sought!

Amazingly in his speech, the Raja Muda did not deem it important or necessary to comment on the ugly spectacle he had just witnessed and been a part of.  He remained aloof and strangely uncurious.  He must have been in temporary suspended animation, oblivious of his immediate surroundings, during his six-hour wait.  He was from another planet, earlier programmed to deliver his royal speech and then leave!  Nothing more; for that you would have to reprogram him again!

The principal political protagonists here were Barisan Nasional’s Zamry Kadir, a Temple University PhD, and Pakatan’s Nizar Jamaluddin, a professional engineer fluent in multiple languages.  Then there was the Speaker of the House, Sivakumar, a lawyer by profession.  Their impressive diplomas and credentials meant nothing; they only looked impressive when framed and hanged on their office walls.

Instead of being the stabilizing force and buffering factor, the permanent establishment, from the State Secretary to the State Legal Advisor and the Chief of Police, was hopelessly ensnared in the mess through their highly partisan performances.  They rapidly degenerated to being part of the problem (and a very significant one at that) instead of the solution.

As for the judiciary, it failed to appreciate the urgency and gravity of the crisis.  Thus the case did not merit an expedited hearing and left to meander through the usual slow judicial pathway.  By contrast, the 2000 American elections that saw the Florida ballot counts being litigated, the case ended up at the Supreme Court for a definitive decision in a matter of days, not months.

Lessons Learned

Thanks to modern technology, those who were not there in Ipoh could still follow the unfolding events in real time, trumping the severe censorship machinery of the government.  Not that it was ever effective, just like the rest of the government.

Unfortunately there is not much that we could learn from the sorry spectacle.  Even to declare that it reflected the sorry state of our institutions would be inadequate.  Besides, we already have too many affirmations of that sad reality.

The next reflex reaction would be to declare, “Everyone is to be blamed!”  While that is an understandable response, it does not solve anything, for the corollary to that statement would be that no one is to be blamed.  That would be a cop out; we are all not equally culpable.

Everyone in the chain of events could have stopped if not reversed the destructive sequence right up to the day before the infamous debacle at the legislature.  Failing that, the buck must and should stop somewhere.  In our system, the buck stops at the highest level, the palace.

Consider the chain of events again.  First there were those renegade legislators switching party affiliations.  No law against that; it was their choice.  Perhaps that would galvanize the leaders of the party they had deserted to do a better job of screening and scrutinizing their future candidates.  Maybe primary elections among party members (as in America) instead of a decision from headquarters would produce better and more reliable candidates.  That certainly would be a useful lesson.

However, this being Malaysia, things get more interesting.  It turned out that those turncoats were earlier being investigated for corruption.  Miraculously after their switchover, the charges were not pursued!  So far no journalist has any thought of following that lead.

Even if those characters were pure, their switching over should never have triggered such a mess.  Surely they could wait till the next sitting of the legislature to introduce whatever vote of no confidence they may have in mind of the leadership, and thus bring down the sitting government in the traditional and only legitimate way.

Even if leaders of the Barisan coalition were to petition the sultan to dismiss the sitting Chief Minister (which they did), the sultan ought to first also hear out the incumbent before making a decision.  Common sense dictates that.  One does not have to be a judge or have read the weighty tomes of legal luminaries to appreciate that elementary dictum.  Hear both sides before rendering a decision!  Even a new father knows that.

Sultan Azlan Shah cannot pretend to be able to read or predict the thinking of his legislators after only a few moments of “chat” under the most severe royal protocol at the palace.  That would be the height of royal arrogance.  In any other circumstance, decisions made under such surroundings could be considered as coerced.  Besides, it is their collective judgment expressed openly in a properly convened legislative forum that matters.  Not only could you not predict individual behaviors, you could never foretell the group dynamics and the final collective decision.

If our political leaders make a mistake, they are held accountable.  Just ask Abdullah Badawi.  The buck with the present imbroglio stops at the palace, with Sultan Azlan Shah.  Unfortunately in our system at present, there is no effective system of checks and balances with respect to our monarchs, both at the state as well as federal levels.  They are also immune to prosecution in the conduct of their official duties.  There is no mechanism to fire or censure them.  The Special Tribunal is only for prosecuting their personal misconduct.  Well, at least that is a beginning, a measure of some accountability.

Regardless whether we have an effective system of checks and balances with respect to the sultans, our society has irreversibly changed.  The old feudal order is now gone, for good, and never to return.  Get used to it!  In today’s world, the people is sovereign.  Just ask the descendents of the late Shah Pahlavi and King Farouk, or closer to home, the Sultan of Sulu.

I tried to convey this in my poem, Makna Merdeka 50 (Meaning of Merdeka 50), I wrote to commemorate our 50th year of independence.  I quote a couple of stanzas:

Rakyat negri bukan nya kuli

Untok di kerah ka sana sini

Zaman purba tak akan kembali

Mungkin menteri di buang negri!

Renungkan nasib si Idi Amin

Yang Shah Pahlavi pun tak terjamin

Pemimpin negri mesti meninggati

Rakyat – bukan Raja – yang di daulati!

(Blessed with freedom and reason are God’s children/To lords and kings we are not beholden/The feudal order has long been toppled/Let’s be clear, the sovereign is the people!

Ponder the fate of one Idi Amin/That of Shah Pahlavi was equally grim!/Those realities our leaders must heed/“Power to the people!” is the new creed.)

That in essence is the pertinent lesson from Perak.

                This entry was posted on Monday, 11 May 2009, 5:47 am and is filed under
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