If truth be told, Najib can’t be PM

Zaid Ibrahim

Mar 18, 09

(Speech by former law minister Zaid Ibrahim at the Royal Rotary Club of Kuala Lumpur)

This is the second time I have been invited to address a Rotary Club. Thank you for the honour. Given the times we live in, perhaps it might be appropriate for me to speak about the leadership transition that has been foisted upon us Malaysians.

I say ‘foisted’ because neither me nor anyone in this room had any role or say in the choice of the person who will lead Malaysia next. We were mere bystanders in a political chess game. And yet the transition is a subject of great consequence to the nation, one I would say is of great national interest.

Leadership is definitive; the individual who assumes the mantle of leadership of this nation, whomever that may be, is one who for better or worse will leave his mark on us. His will be the hand who guides us to greater success, or possibly gut-wrenching disaster.

Save for the dawn of Merdeka, never in the history of this country has the choice of prime minister been so crucial: Malaysia is in crisis. We are facing tremendous economic challenges with unavoidably harsh socio-political consequences. Our much undermined democracy is once again being assailed by those who would prefer a more autocratic form of governance.

Our public institutions are hollowed out caricatures, unable to distinguish vested party interests from national ones, unable to offer the man in the street refuge from the powerful and connected.

Our social fabric that took us from colony to an independent nation and on through the obstacles of nation building has reached a point where it sometimes feel like we are hanging on by a thread. This is the Malaysia we live in.

PM’s resignation ill-fated

This is the Malaysia which Abdullah Ahmad Badawi leaves behind. Our prime minister will resign later this month – an ill-fated decision. I say ill-fated not because he has been a great prime minister and we would lose irreplaceable leadership, that is regrettably not the case as all things said and done, Abdullah could have done much more for Malaysia.

Rather, I say that his resignation is ill-fated because his departure will expose the country to forces which may take us down the road of perdition faster than ever. Much has been said of Pak Lah being a weak leader. However, what his critics have not adequately addressed are the consequences of replacing him as prime minister with the anticipated incoming president of Umno, Najib (Abdul) Razak.

It is an undeniable truth that the average Malaysian is anxious about the anticipated transition. Many would prefer it did not happen.

There are two reasons why this is so. The first has to do with the reasoning underlying Umno’s demand for the transition itself. The second has to do with Najib personally.

We must recall that after the 2008 general election – a great success for the nation but a fiasco for Umno – one of the chief complaints by the powers-that-be within Umno was that Abdullah’s feeble leadership led to the concept of Ketuanan Melayu being challenged and ultimately undermined.

His critics also lashed out at him for the latitude given to civil society, a move which they believed weakened a key aspect of Umno’s political leverage. It followed in Umno’s mind that in order to regain lost ground, it was necessary to reassert its ideology with greater strength.

There was nostalgia for Mahathir’s heavy-handed style of leadership and a return to the times when the party cowed many into subservience and submission.The conservatives in Umno yearned for a return to Mahathirism, hoping that it would become a cornerstone of the leadership transition plan. There has been much speculation and punditry on whether a return to the Mahathir era would be good for Malaysia.

Difference between then and now

Let me offer some of my own insight to this debate. The major difference between then and now is this: in most instances, Mahathir was harsh and dictatorial if he believed it was good for the country. But an authoritarian style of government under anyone else would be dictated by the need for self preservation and very little about the country’s interest.

The evidence is all around us. After March 8, (2008) when the prime minister ceased being the home minister, the threats of reprisal have escalated and a climate of fear re-cultivated. The detention of Raja Petra Kamarudin, Teresa Kok and Tan Hoong Cheng exemplify this turn for the worse, this appetite to use the sledgehammer.

The shameful power grab in Perak and wanton disregard for public opinion over how BN wrested control of the silver state make many people shudder at the prospect of a return to the dark days. If that was not depressing enough, we have had to bear witness to the police and the newly-minted Malaysian Anti-Corruption Commission (MACC) displaying their allegiance and support to the BN when all we needed and craved for were honest brokers.

It stands to reason that in the mind of the average Malaysian, having suffered a significant loss last March, Umno is on a rampage to regain what it lost by any method available and the man who is expected to lead it to victory is the man who succeeds Abdullah: Najib (Abdul) Razak.

A prime minister must have the confidence of the majority of the rakyat. In order for this to be the case, his integrity must be beyond question; not only must he be such a person character, he must be seen to be such a person. The office of prime minister is one of great trust, he who holds that office cradles the nation in his palms.

For this to be the case, there cannot be anything in the mind of the greater public that, correctly or otherwise, associates him with matters of criminality, wrongful action, improper conduct or abuses of power. In short, he must be beyond reproach in his dealings both official and private.

Without intending any accusation, it is regrettable that in the collective mind of the rakyat, Najib is not such a person. If a referendum were to be conducted on the subject or if the prime minister was to be elected directly by the rakyat, I do not think Najib would succeed. The reason for this is obvious: the rakyat has doubts, fuelled by the unanswered allegations against him and his unwillingness to confront these allegations.

It is not a mere trifle in the minds of the rakyat that despite a direct challenge from a member of parliament in the august House recently, the deputy prime minister remained silent, not even denying the implicit accusation made against him and demanding that it be repeated outside the chamber in the tried and tested method of refutation employed by parliamentarians throughout the world.

It has not assisted the cause of the incoming prime minister that the MP concerned was suspended for a year on a motion tabled by a fellow minister without the member having been afforded an opportunity to defend his position.

Evidence of SMS text-messages

Consider this. Commissions were paid to an agent for the procurement of submarines through the Defence Ministry, Najib (then) being the defence minister. It is unthinkable that he had no knowledge that the agent was his adviser and aide, Abdul Razak Baginda. The commission paid out was exceedingly large, in excess of RM400 million.

The defence minister was dutybound to direct enquiries to see if there had been any impropriety in the way the contracts were awarded when news of the commission surfaced; after all the price of the submarines would be considerably lower without the need for such commissions.

Taxpayers, you and I, have paid for those submarines at a price that in all probability factored in the commission. Taxpayers are yet to be told of an inquiry let alone the result of such an inquiry.

Consider the Altantuya Shaariibuu affair. A young woman was brutally murdered, her corpse destroyed by explosives.

These explosives are not the usual type of explosives, yet no inquiry was held to determine how they were available to these killers. Those accused of her murder are police officers serving in the Unit Tindakan Khas, a highly specialised unit who amongst other things serve as bodyguards to the prime minister and the deputy prime minister.

Amidst evidence that the accused were employed to protect the PM and the DPM, they were directed to (Abdul) Razak Baginda through the aide of the deputy prime minister. Amongst other things, we have heard of the senior investigating officer admitting that the deputy prime minister was an important witness and yet no statement was taken.

It is not unreasonable to think that this is irregular, more so when evidence of SMS text-messages from the deputy prime minister concerning material matters have surfaced. The text-messages cannot be ignored, proverbially swept under the carpet.

Even if they do not establish – or are not capable of establishing – any culpability on the part of Najib, these issues must be addressed.

The air must be cleared, it is thick with accusations and doubts which can only undermine the office of the prime minister if he were to assume it. The deputy prime minister’s cause has not been aided by the fact that charges were preferred against (Abdul) Razak Baginda only after public outcry, the manner in which the prosecution was conducted and the decision of the High Court acquitting (Abdul) Razak Baginda not having been appealed.

Power grab an unmitigated disaster

The Perak affair was an unmitigated disaster for the nation. It is no secret that Najib led the charge there and is still overseeing matters.

In the minds of Malaysians, Perak is synonymous with the deputy prime minister. They now equate him with the high-handed tactics that were employed to seize power, tactics that included the disappearances of the three crucial assemblypersons and the blockading of the legislative assembly by the police.

In doing so, they equate the DPM with the hijacking of democracy, the only persons saying otherwise being those persons who have associations with Umno. In their minds, no responsible leader would allow for the undermining of the institutions of state and the constitution of this nation.

They ask, rightly so, whether this is the kind of leadership that Malaysians can expect from Najib when he becomes the prime minister.

With all of this, and more, how are we not to feel anxious? How are we to sleep peacefully at night? I know that I cannot. The situation is desperate and the air is pregnant with tension. We need the state of affairs to be resolved in a way that is in the best interests of the nation and the rakyat.

To an extent, this is a matter for the Barisan Nasional. I urge its members to put politics aside and think things through. We all want a better future, a safer and more prosperous life for our children, all of them, a Malaysia where our children can reach for the stars with the certainty that there is nothing to stop them from being the Malaysians they want to be.

Let the king be kingmaker

I do not believe that the Barisan Nasional will do what is necessary. Politics has a tendency of making those who embrace it cynical. The answer lies elsewhere, with His Majesty the Yang di-Pertuan Agong.

In this case, His Majesty plays the role of ‘kingmaker’. The discretion to appoint the prime minister who succeeds Abdullah lies with His Majesty. Though His Majesty is required under the constitution to appoint the person who commands the confidence of the majority of the members of parliament, it is a matter for His Majesty’s judgment.

Never before has such a heavy burden being laid on His Majesty to make a brave and correct choice.

For King and country, I urge His Majesty to take into consideration the prerequisites to appointment and the concerns of the rakyat. There is no constitutional obligation on His Majesty to appoint the president of Umno as the prime minister. There are still well qualified members of parliament from Umno who can be appointed PM to bring us back from the brink.

Malaysia needs someone who the rakyat can throw their weight behind without reservation. Someone they can trust and respect. Someone who has no scandal to distract him and thereby gain respect from the international community.

These are difficult times and be prepared for worst times to visit us. Malaysia needs a leader who will unite the country in the face of the adversity. Divided, we are weak. I am loath to say it, but for the reasons I have set out am compelled to say that Najib will most certainly divide us and in doing so, will nudge us closer to the edge.

Some of you may say that all efforts to promote the national interest are at this stage an exercise in futility. If truth be told, I am tempted to slip into cynical hopelessness too. I am fighting the temptation to give up for one simple reason: Malaysia and all that it represents. This is a blessed country, a country too valuable for us to turn our backs on.

                This entry was posted on Wednesday, 18 March 2009, 7:27 pm and is filed under
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Najib heralds the coming of a New Dark Age

Parliament has just passed the RM60 billion Second Economic Stimulus Package in the form of a mini-budget, but there has been nothing “stimulating” on the economy.

Instead, the effect had been the opposite as illustrated by the unchecked fall in the Kuala Lumpur stockmarket index in the past six days since the announcement of the RM60 billion package, with the KLSE registering a fall from 858.22 points on March 10 to 841 points at the close of the market today.

Far from being able to stimulate the economy, the Deputy Prime Minister and Finance Minister, Datuk Seri Najib Razak is the main cause for the crisis of confidence gripping the country, even undermining the RM60 billion second economic stimulus package announced by him last week.

In fact, more and more Malaysians and international observers are asking whether, from recent events, Najib’s impending ascension as the next Prime Minister in the next two weeks herald the coming of a new Dark Age in Malaysia for freedom, democracy and the rule of law in the country.

Only yesterday, DAP MP for Puchong, Gobind Singh Deo was suspended as MP for one year without pay and privileges in a high-handed parliamentary proceeding no different from a kangaroo court, without even giving him a chance to defend himself, on a matter which concerned the Deputy Prime Minister.

This morning, together with other Pakatan Rakyat MPs, I was at the Jalan Duta Sessions Court where DAP National Chairman and MP for Bukit Gelugor, Karpal Singh, was charged under the Sedition Act for expounding a simple legal proposition in the country – that the royalty can be brought to court in their official and even personal capacities.

This is a  legal principle which had been adopted by  law experts and legal practitioners.

For instance Dr. Shad Saleem Faruqi, Professor of Law at UiTM, wrote in the Star on Feb. 11 in the article
“Legal turmoil over Perak defections”
:

“From day one of Merdeka, the King and the Sultans were open to civil suit for their official actions.  They were only immune personally. In 1993 even the personal immunity was taken away.

“In sum it is not a violation of the Constitution to resort to the courts to seek an authoritative opinion on one’s rights and duties. Where else does one go, what else does one do, if one has a claim?”

Former Court of Appeal Judge, N.H.Chan has written an article entitled “Sultan has no powers to ask Nizar to quit”.

Have Shad  Faruqi and N.H. Chan committed the offence of sedition, making them liable to prosecution under the Sedition Act?

Karpal had expounded the very same principles, that the royalty are liable to legal proceedings in their official and personal capacities under the law.

Karpal’s prosecution is politically motivated. It is a  malicious  prosecution. It is a selective prosecution.

The timing of Karpal’s prosecution, a week before the UMNO general assembly is clearly not fortuitous. It is to give the Prime Minister-in-waiting  the opportunity to demonstrate that he is tough with the Opposition and Opposition leaders.

Karpal’s prosecution is politically-motivated.   This is the political agenda of UMNO. But why should  the Attorney-General  compromise his constitutional responsibility and sole discretionary power to decide on prosecutions to kowtow to serve the political agenda of UMNO?

The lodging of  100 police reports against Karpal by Umno and Umno Youth divisions throughout the country cannot make what was not sedition into an offence under the Sedition Act!!

Karpal’s politically-motivated, malicious and selective prosecution is the latest in a series of developments which had undermined public confidence in the Rule of Law and important key institutions in the country, creating a full-blow crisis of confidence and  raising the question whether Najib’s impending take-over as the sixth Prime Minister marks the coming of Malaysia’s New Dark Age for freedom, democracy and the rule of law for the country.

We have the scandal of the first Umno Chief Justice, and although Tun Zaki has said that he would not sit on cases involving Umno interests, everyone knows that he could still wield disproportionate influence with his powers to select judges and picking court quorums to hear particular cases.

We have the scandal of the Perak judicial commissioner denying the Pakatan Rakyat Speaker the fundamental and constitutional right to have a counsel of his choice, and although this ruling was subsequently overturned by the Court of Appeal, it has contributed greatly to the new round of  crisis of confidence over the rule of law and the judiciary, when the country has not fully recovered from two decades of judicial darkness.

These cases, including the malicious and selective prosecution of Karpal, all stem from the undemocratic, illegal, unethical and unconstitutional power grab in Perak orchestrated by Najib himself, which have also seen the police, the Election Commission and even the Malaysian Anti-Corruption Commission, being dragooned to serve UMNO’s political agenda.

If  Najib has no qualms in triggering  a major crisis of confidence in the independence and credibility of national institutions like the police, the Election Commission and the MACC by launching an assault on  the important doctrine of separation of powers by harassing the Perak Speaker and members of the Perak State Assembly Privileges Committee, what is in store for the country when he becomes Prime Minister?

The MACC is supposed to be another Hong Kong’s  ICAC (Independent Commission Against Corruption)  but it has proved to be a dismal failure, completely ineffective and impotent to address the problem of money politics and corruption in UMNO.

UMNO is awash with corruption, which is openly admitted by UMNO leaders.

Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, for instance, said in a recent interview that money politics in Umno elections have got worse, saying:

 “It’s still quite rampant except that it has gone underground.”

The  Sunday Star report,

“Crunch time for vote buyers”

(8.3.09) has a very colourful description of the scourge of money politics and corruption in UMNO, viz:

“A PUTERI Umno candidate who was going to Kedah to meet some delegates was confused when she received a text message asking “Sek Kebangsaan atau Sek Inggeris?”

“After asking around, she found out that Sek Kebangsaan – or SK for short – means salam kosong, which literally translates to “empty handshake” meaning no money, while Sek Inggeris – or SI – stands for salam isi or “handshake with contents” meaning there is money.

“Later she learnt that delegates were also using other discreet terms like satu tiang for RM100, dua tiang for RM200 and tiang seri (seribu) for RM1,000 to demand for cash in exchange for votes.”

But MACC is  blissfully unaware of the gravity of the scourge of money politics and corruption in Umno, to the extent that the MACC  could declare early this month that it had completed investigations on claims of money politics in UMNO and found no cases!

Although subsequently, there was a MACC prosecution against an UMNO Youth leader, it has not been able to inspire confidence that the MACC is another ICAC capable of rising up to the occasion to combat and wipe out money politics and corruption in Umno.

In  November last year, there were 900 complaints of money politics in Umno elections.  By now, the complaints of money politics in Umno elections just in the past three months should be in four-figures.

In November, a report in the Umno-controlled mainstream media estimated that more than RM250 million had already been spent in Umno election compaigning. By now, this  RM250 million figure would have doubled or even trebled.

But MACC is utterly helpless –   with virtually nothing to show in its fight against money politics and corruption in Umno.

News has just come that the UMNO disciplinary committee has barred Umno deputy president candidate Datuk Seri Ali Rustam from contesting in UMNO party elections for involvement in money politics.

The question everyone is asking is how could Ali Rustam continue as Malacca Chief Minister if he is not fit to contest as a Deputy President candidate in Umno because of money politics.

The same question applies to Khairy Jamaluddin as well – how he could continue as MP Rembau when he had been warned for his involvement in money politics.

When is MACC going to act against Ali Rustam and Khairy Jamaluddin, or are there double standards where money politics and corruption in Umno is not corruption to MACC?

Nazri in his interview in Sunday Star (8.3.09) has rebutted the notion that money politics in Umno is an internal affair and not “corruption” which should be the concern of MACC, when he said:

 “Actually, a corrupt act cannot be settled at the party disciplinary board level as it is not an offence just against Umno that can be sorted out internally. It goes beyond Umno. It is an offence against the state so nothing can stop MACC from coming in because all these complaints are made by Umno members.”

When is MACC going to move against Ali Rustam and Khairy Jamaluddin, which are only the  tip of the  iceberg of the scourge of money politics and corruption in Umno.

Pivotal to the whole question of the crisis of confidence besetting the nation is the image of  the Prime Minister-to-be, Najib, not only over the credibility and legitimacy of important national institutions but also his own image, credibility and integrity, in particular over allegations about his involvement in the murder case of Mongolian woman Altantuya Shariibuu, especially with the latest publication in the French publication Liberation.

If Najib is innocent of all the allegations against him, he  should voluntarily set up a Royal Commission of Inquiry to clear his name so that Malaysians, regardless of political differences, can have a Prime Minister whom they could be proud of and not embarrassed or ashamed because of a thick  cloud of doubts dogging, haunting and hounding his every step.

(Speech in Parliament on 2008 Supplementary Estimates on Tuesday, 17.3.09)

                This entry was posted on Wednesday, 18 March 2009, 4:56 pm and is filed under
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Sedition charge against Karpal

(The following is the charge preferred against DAP National Chairman and MP for Bukit Gelugor Karpal Singh under Sedition Act 1948 at the Kuala Lumpur Sessions Court on Tuesday 17 March 2009)

DALAM MAKAMAH SESYEN DI KUALA LUMPUR

KES TANGKAP NO:

PENDAKWA RAYA

LAWAN

KARPAL SINGH A/L RAM SINGH

Pertuduhan

Kamu didakwa atas kehendak Pendakwa Raya dan pertuduhan terhadap kamu ialah:

“Bahawa kamu pada 6 Februari 2009 jam antara 12.00 tengahari dan 12.30 petang di Tetuan Karpal Singh & Co yang beralamat No. 67, Jalan Pudu Lama, dalam Daerah Dang Wangi, Wilayah Persekutuan Kuala Lumpur dalam satu sidang akhbar telah menyebut kata-kata menghasut (transkrip ucapan dilampirkan sebagai
LAMPIRAN ‘A’ kepada pertuduhan ini dan kata-kata menghasut digariskan
); dan oleh yang demikian, kamu telah melakukan satu kesalahan di bawah seksyen 4(1)(b) Akta Hasutan 1948 (Akta 15) dan boleh dihukum di bawah seksyen 4(1) Akta yang sama.”

Hukuman

Kamu boleh, bagi kesalahan kali pertama, didenda tidak melebihi lima ribu ringgit atau dipenjara selama tempoh tidak melebihi tiga tahun atau kedua-duanya, dan bagi kesalahan yang kemudian boleh dipenjara selama tempoh tidak melebihi lima tahun.

Bertarikh pada 16 Mac 2009

PENDAKWA RAYA

[signature]

(TAN SRI ABDUL GANI PATAIL)

PENDAKWA RAYA

LAMPIRAN A

TRANSKRIP VIDEO KENYATAAN AKHBAR OLEH YB KARPAL SINGH DI PEJABAT PEGUAM KARPAL SINGH NO. 67, JALAN PUDU LAMA. 50200 KUALA LUMPUR PADA 6.2.2009 @ 12.00 TENGAHARI.

I think I baca statement, yang a ada depan saya sekarang ini, –

The removal of Perak Menteri Besar, Datuk Seri Haji Nizar bin Jamaluddin, by the Sultan of Perak purportedly pursuant to Article 16 (6) of the Constitution of the State of Perak which is stated there in brackets, is clearly ultra vires the provisions of this article.

In law, the decision of the Sultan of Perak can be questioned in a court of law. As far back as the 12th of May 1977, a strong five men bench of’ the Federal Court ruled that the decision of the Yang Dipertuan Agong to confirm three detention orders under the emergency (Public Order and prevention on crime) Ordinance, 1969 was amenable to judicial review if it was ultra vires the provisions of the federal constitution. The federal court unanimously ruled, although the orders of the detention had been confirmed by the King, that decision was ultra vires Article 1(5)(1)(b) of the Federal Constitution as that confirmation was made outside and beyond the period of three months stipulated in that article.

With that ruling of the federal court which has stood the test of time for 32 years beyond a pale of a doubt, the Sultan of Perak has contravened Article 16 (6) of the Constitutions of the State of Perak.

The Pakatan Rakyat State Government had the mantle of legitimacy it still has. In my view the election commission had through its chairman, Tan Sri Abdul Aziz Mohd Yusof publicly ruled that there was a doubt over the vacancy of the seats of PKR Changkat Jering assemblyman, Mohd Osman Mohd Jailu, and PKR Behrang assemblyman Jamaludin Mohd Razi after the letters submitted by Perak assembly speaker V. Sivakumar in relation to their letters of resignation were conducted or rather contradicted by denials from both these assemblymen. This trigerred the provisions of Article 33 (1) which states [if any question arises whether a member of the Legislative assembly has a been disqualified for membership, the decision of the assembly shall be taken and shall be final]

Therefore for the assembly to decide on the status of these 3, of these assemblymen and not the Sultan of Perak who determine that they remain independent assemblymen despite having submitted undated letters of resignation to the Perak Assembly speaker and therefore with their presence at the Istana and their pledge of allegiance to the Barisan Nasional together with DAP Jelapang assemblywoman, Hee Yit Foong, the Pakatan Rakyat government could no longer hold on to office.

In my view, until such time, the Assembly has invoked the provisions of Article 33 (1) both Mohd Osman Mohd Jailu and Jamaludin Mohd Razi remained PKR assemblymen together with Jelapang assemblywoman Hee Yit Foong, remaining with the DAP until her resignation letter was subjected to determination by the Assembly pursuant to Article 33 (1) thereby causing the Pakatan Rakyat to have 31 members in the assembly of 60 members. It cannot therefore be said that the Sultan of Perak acted intra vires in fact acted ultra vires Article 16 (6) when he determined that Menteri Besar, Nizar Jamaludin had ceased to command the confidence of the majority of the members of the legislative assembly and was therefore required to tender resignation of the executive council over which he presided including his own resignation.

Clearly the Sultan of Perak cannot invoke his powers under Article 16 (1) which states [His Royal Highness shall appoint an Executive Council] to appoint a Barisan Nasional Executive Council with a new Menteri Besar and a new government. The Government of a Menteri Besar Dato’ Haji Nizar bin Jamaludin still had constitutional supremacy and legitimacy. The actions of the Sultan of Perak are clearly, premature.

I call upon the Sultan to cease and desist from appointing a new Barisan Nasional Menteri Besar and executive council later this afternoon.
This in no way should be construe as a threat to the Sultan but on the other hand a firm reminder to him that he is required to act within the parameters and confines of the sacred constitutional document that is the constitution of the State of Perak which is the supreme law of that state.

The following words of Raja Muda of Perak, Raja Dr. Nazrin Shah, during the pledge of loyalty at the special investiture.in conjuction with the silver jubilee celebration of Sultan Azian Shah as the 34th Sultan of Perak at Istana Iskandariah on 3 February 2009 bear repetition. Quote, “The ruler, as the head of state and country needs to be neutral, non-partisan, and free of having personal interest to ensure justice for the people”.

Raja Nazrin also said that the power entrusted by Allah should be discharged with responsibility because he (the Ruler) would be judged in the hereafter. As such he said power must be exercised to implement good practices adding that the Ruler’s nobility and honour, position, and sovereignty do not come automatically.

It is my view that the Pakatan Rakyat Government headed by Nizar Jamaludin should be allowed without any hindrance for any quarter to invoke the provisions of Article 33 (1). It is after this exercise that the intervention of the Sultan of Perak could become if at all necessary.

If the Sultan persists in appointing a Barisan Nasional Executive Council and Menteri Besar, later at 3 pm today, the Pakatan Rakyat will have no alternative but to seek a judicial pronouncement in the interest of the rakyat in Perak. The judicial proceedings will inevitably include the purported new state government. This will, in turn, cause unnecessary apprehension, anxiety and concern which should be averted at all costs.

QUESTIONS AND ANSWERS

Well that is my statement. Are there any question?

(….. inaudible….)

Beyond the powers conferred on him under the Constitution of the State of Perak.
That he had no right, that he had no right to dismiss the government rather the State Government of MB Nizar Jamaludin.
 The lawful Government is still the Government, the Pakatan Rakyat government.

(Question from reporter . YB, can you..(unclear)…………)

In fact, I’ve stated very clearly that we will sue the Sultan together with the new State Government as defendants if they persist.
 If they don’t, this afternoon, if what I said is right, and the Sultan is prepared to accept that, then things are perfectly in order. The old government would still be in power.

In fact, over Article 83 or rather 63 of the Constitution of the State of Perak, We give a copies of it. I’ll read what is that. What the Sultan of Perak can do is this under Article 64 and that states, His Royal Highness may refer to the Federal Court for its decision or rather its opinion any question as to the effect of any provision of this constitution which has a reason or appears to his Royal Highness likely to arise and the Federal Court shall pronounce in open court to his opinion on any question so referred to it. In other words, under Article 64 the Sultan can now refer this question and the question would be whether these 3 assemblymen are still members of the assembly as Pakatan Rakyat assembly, assemblymen.

Because if that is so, and I say that is so until such time as the a State of Assembly decides under Article 33 (1) as to whether they are still qualified to sit in the assembly they remain members of the Pakatan Rakyat.

(Question from reporter ………YB it’s look like the Barisan Nasional new..(unclear)… tomorrow..)

Well tomorrow is a holiday, the suit will be filed on Tuesday because Monday is also a holiday. In fact I call upon the Sultan to carefully consider what a he has in fact done.
The Sultan has no right to call the 32 members, or assemblymen rather, to the Istana and questioned them one by one as to where their allegiance lay, because that is not within the confines of a what the Sultan could do. That is the a job of the assembly to decide under Article 33 (1). The Sultan cannot usur p the powers of the State Assembly.

In fact, I have cited two cases there, in fact the first case if you all can have a look at it. This is the decision of the 5 member bench of the Federal Court way back in a 1977 May 12. If you look at it, this is what was decided by the Court. Now in this case what has happened was 3 detention orders were confirmed by the Yang DiPertuan Agong. But that confirmation was outside the 3 month period provided for under Article 151 (B) of the Federal Constitution, and this is what the Federal Court a held, its at page 5. It’s marked paragraph 3. Although the note, although the orders of detention in these cases had been confirmed by the King, that decision was ultra vires and could be corrected by the court. So we are saying here that what the Sultan Perak has done is ultra vires the Constitution of the State of Perak and the Court has jurisdiction to a set that right. It’s as simple as that, A very simple constitutional issue.

(Question from reporter.. …  Sorry YB, could you explain ultra vires in layman terms?

Ultra vires a means a is acting beyond, you don’t have the power to act beyond what the , the, the a you know a Constitution provides. Which is only the assembly can decide on whether assemblymen in view of these letters. Even…. Election Commission said there’s a doubt as to whether the letters were valid. And Article 33 very a clearly states if any question arises with regard to whether an assemblyman’s qualified or not, the decision shall be taken by the assembly. In fact, the a, the a present State Government, the Government which has in fact been dismissed by the Sultan, can convene a meeting even today and I tender Article 33 (1) and determine whether those letters are valid and even assuming the assembly decides that the these 3 are in fact no more a lawfully elected assemblyman then there’s a deadlock. It would mean 28:28. 28 for the Barisan and 28 for the Pakatan Rakyat which means there’s a deadlock, which means then the Sultan of Perak should order a snap election in the State of Perak. He should dissolve the assembly, but he cannot act in the manner he has done.

(Question from reporter ….. Do you think Malaysia is facing a perhaps constitutional crisis?

Well it’s not Malaysia, the State of Perak is. But this could extend to other states, and we wouldn’t want that kind of position. As I said, there’s a way out, way out. The Sultan can act under Article 64. refer this question to the Federal Court vis-a-vis the facts and circumstances of this case. Whether he could act under Article 16 (6) to dismiss the government of a Nizar Jamaludin. As I keep saying our view is that the Government of Nizar Jamaludin, the Pakatan, State Govermnent still is the valid and lawful one.

I’ve tried to make it as clear as I can in the statement I have made. I’m backing up whatever I’m saying by cases, a by the Federal Court and the second case. If I could t..t..t..take it the to you the case of a Fan Yew Teng, this was way back in 1975..if I remember correctly , ya, March 12, 1975..I did this case , in fact. What had happened was the same a constitutional provision came into a , a question, at page 15. Article 53 of the a Federal Constitution states if any question arises whether member of the House in Parliament has become disqualified the decision of the House shall be taken and shall be final. Exactly the same as Article 33 (1) and the court held that a there Fan Yew Teng did not stand disqualified this by way of a conviction, In fact a by-election was called after he was convicted by the High Court. He got an injuction to stop the by- election. The court granted it because it was for the for Parliament to decide whether it’s a result of the conviction he had become disqualified.

(Question from reporter .. . .YB, so. you said that, since now the three have a submitted their resignation to the assembly, so the assembly should have the final say to tell them as they have a mean they are not a valid member of the assembly, so by-election should be held or snap

..(unclear)….

Oh.. .oh, a snap election. The Sultan has got no right to intervene. He can’t, under these circumstances I must say. He has certain rights but those rights do not arise under the a present state of the affairs in the state of Perak.

(Question from reporter Do you think the resignation letter is still valid because the date was fill…(unclear)….)

Does not matter, let the assembly decide, let the assembly decide.
The Sultan cannot decide. He has no power.
 We are going by the constitution. Sultan is bound by the constitution of the state of Perak.
He’s not immune from being taken to the court.
 But I’ll make it very clear, I got

That, that in fact, it’s unlawful, That, that whoever has stopped him from excluding his duties is ‘committing an offense under the penal code — obstruction of a public servant in the execution of his duty. I hope whoever is doing it realizes what is being done. In fact, a letter has been sent out by the State Secretary to the Menteri Besar and all the actual members of the Pakatan Rakyat Government that they are required to go to the office and collect their personal effects and no other documents. (Cough) You can’t shut out a Menteri Besar who has been lawfully elected from entering his own office. It’s an abuse of power on the part of whoever did it. And I hope he’s prepared for the consequences, and we must make it very clear that the Pakatan Rakyat is very serious about what is going on in the state of Perak. We don’t want it to spread elsewhere.

(Question from reporter…… What happened will happened to them also. . . (unclear)….)

Well I’m they are not wonied, I don’t think anything will happened elsewhere, but the, the fact remains. We don’t want a precedent like this. You can’t grab power. You must get the power from the people in a constitutional manner. And I’m surprised that the Deputy Prime Minister is in fact a heading the charge in Perak including the Prime Minister himself. What is being done is very high-ended. Unbecoming of a Prime Minister and his Deputy. They got no  business in fact to be even there. It’s better for the state assemblymen in UMNO that should take it up with the Sultan. Why, why should the a Sultan even give a audience to the Prime Minister and Deputy Prime Minister. They had no business to be there.

Ada apa-apa soalan lain?

(Question from reporter …… Is Pakatan going to a launch a huge rally to show the protest. . . (unclear)…)

Oh. That’s a separate matter. My task is a you know to sort of take it up from a the legal side. They want the law to prevail and we want the constitutional provision to prevail. It’s all wrong to take power on the strengths of crossovers, crossovers a people who are guilty of treachery to the rakyat. In fact, crossing over should be made a criminal offence. It’s cheating the public. It’s a very very serious matter to a cheat out of having been elected on a, on a PKR ticket to crossover or for the matter on DAP ticket to crossover. You got no business to do that. You are not elected on the Barisan Nasional ticket. You go back to the people.

( Question from reporter… .YB, does your statement applies to both – ruling an opposition party. ..(unclear)….)

Yes, my statement applies to both. In fact I say Anwar Ibrahim was wrong in having started a campaign to a take power on the strengths of crossovers. What he did was not right. What has to be said will be said. You can’t take power, or grab power on the strengths of crossovers.

Likewise, Najib is wrong, so why not, why not amend the Federal Constitution. I’ve been saying that all the time. At the moment the federal court has decided and this was a case coming from Kelantan. Kelantan had an anti-hopping law enacted in 1991, the Federal Court declared that the anti-hopping law was unconstitutional on the ground that it contervened Article 10 of the Federal Constitution which says you have a right to form associations. The right to associate include the right to disassociate, that’s what the Federal Court said.

The Federal Court has made a decision. The only way to get around the decision is to amend the Federal Constitution …. to out law party hopping. I think the people, the country are disgusted with party hopping. And every effort should be made by the elected residents of the people. To amend not only the Federal Constitutions, but all states constitutions to include a anti-hopping law. In fact, anti-hopping law should be made a criminal offence, Whoever does that should be put in prison. Barisan Nasional Govemnent does not have a two-third majority in Parliament at the moment to amend the Federal Constitution. I say now that the DAP will prepare, is prepared rather to give them not 9, they need 9 seats to make up two-third majority. We’ll give them 28. I’ll persuade Anwar Ibrahim and PAS to also support that amendment. At the moment PAS and NCR support party hopping, which is wrong. The DAP does not. Our stand has always been from the time the DAP was a in fact a set up way back in 1966 and it was formed until now our stand is very clear. You cannot cheat the Rakyat. Party hopping is something abhorent, unacceptable, and indefensible.

Any other question?

Dan dari segi Perlembagaan negeri Perak, adalah terus terang apa yang ada dimengisytiharkan oleh Sultan Perak iaitu a Kerajaan Negeri Pakatan Rakyat tidak sah tentang dengan peruntukan Perkara 16 (6) Perlembagaan a Perak. Apa yang dibuat tidak a boleh dimempertahankan. Adakah tiga ahli Dewan Undangan Negeri Perak apabila menandatangan satu surat letak jawatan a letak jawatan, adakah itu sah, adalah untuk a Dewan Undangan Negeri Perak membuat keputusan. Tidak ada pihak lain yang ada kuasa untuk a buat demikian, termasuk Sultan Perak.

Apa saya menyatakan tadi ada satu a langkah yang lain yang boleh digunalcan iaitu rornbakan Perkara 64 Perlembagaan Negeri Perak iaitu Sultan Perak ada kuasa untuk a rujuk saw soalan, soalan inengenai peruntukan dalam a Perlembagaan Negeri Perak ,dari segi apa yang ada keadaan di negeri itu .untuk menentukan sapa ada kuasa.
Kuasa dalam tangan Dewan Undangan Negeri untuk mengisy mengisytiharkan adakah tiga DUN a ADUN ini, ADUN yang tidak letak jawatan atau sudah letak jawatan. Bukan Sultan Perak untuk memanggil 32 ADUN Istana dan menyoal dia.

Adakah dia masih ahli Dewan Undangan Negeri bagi a Keadilan atau DAP. Itu bukan kuasa Sultan Perak, itu kuasa negeri, Kerajaan Negeri yang sah. Kerajaan Negeri yang akan di a mengisytiharkan a pada 3 setengah petang ini, tidak sah. Jika itu dibuat, kami akan rujuk perkara ini ke Mahkamah Tinggi di Ipoh pada hari Selasa depan satu kes akan difailkan. Dalam Kes itu, Sultan Perak akan jadi penentang yang a atau a responden, defendan akan dinamakan sebagai defendan yang pertama dan Kerajaan Negeri baru yang akan di a mengisytiharkan pada pukul 3 setengah petang ini, sebagai defendan yang kedua.
 Dan Plaintif a adalah Datuk Seri a Nizar Jamaludin. Dia akan memfailkan kes itu sebagai Menteri Besar yang sah untuk dapat satu a pengisytiharaan daripada mahkamah untuk a memputuskan dia adalah Menteri Besar yang sah dan bukan a Menteri Besar dan a exco yang akan di um..bersumpah pada 3 setengah petang ini. Itu adalah dengan ringkas apa yang saya menyatakan dalam bahasa lnggeris tadi. Adakah apa-apa soalan?

(Question from reporter… .You sebagai lawyer on behalf…( unclear)…)

Yes..yes, yes, saya lawyer bagi..Bukan saya sahaja, saya dengan Gobind Singh Deo, Ram Karpal Singh, Sanggit Kaur, Deo dan peguam-peguam lain dalam parti bukan DAP sahaja, tetapi keadilan dan PAS.

(Question from reporter. ..Kira-kira jumlah berapa lawyer yang akan file-in next week?

a Itu tidak ditentukan, menentukan, di saat ini.

(Question from reporter…YB, sekarang Sultan Perak desak letak jawatan ..Datuk Seri..(unclear)…)

Tidak ada kuasa apa yang saya menyatakan tadi. Ini tentang, tentang, dan a…

(reporter:(cont).. .keluar daripada Perak State….)

Tidak boleh, Sultan tidak ada kuasa untuk a apa in a untuk buang negeri . Saya ingat sesuatu warganegara dalam a Malaysia. Tidak ada, tidak ada kuasa untuk buat demikian.

One way, or another by court of law a by, by the State Assembly, and after that by the Court of Law. So what the Sultan is doing is premature. as I said, because the Pakatan State Government is still in the majority.

[AFZAN SAKINA SULAIMAN, AISHAH AHMAD AZAM]

———————————————————————————————–

SEDITION ACT 1948 (ACT 15)

(AS AT 25TH OCTOBER 1999)

Section 3. Seditious tendency.

(1) A “seditious tendency” is a tendency –

(a) to bring into hatred or contempt or to excite disaffection against any Ruler or against any Government;

(b) to excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established;

(c) to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State;

(d) to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State;

(e) to promote feelings of ill-will and hostility between different races or classes of the population of Malaysia; or

(f) to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution.

(2) Notwithstanding anything in subsection (1) an act, speech, words, publication or other thing shall not be deemed to be seditious by reason only that it has a tendency –

(a) to show that any Ruler has been misled or mistaken in any of his measures;

(b) to point out errors or defects in any Government or constitution as by law established (except in respect of any matter, right, status, position, privilege, sovereignty or prerogative referred to in subsection (1) (f) otherwise than in relation to the implementation of any provision relating thereto) or in legislation or in the administration of justice with a view to the remedying of the errors or defects;

(c) except in respect of any matter, right, status, position, privilege, sovereignty or prerogative referred to in subsection (1)(f) –

(i) to persuade the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure by lawful means the alteration of any matter in the territory of such Government as by law established; or

(ii) to point out, with a view to their removal, any matters producing or having a tendency to produce feelings of illwill and enmity between different races or classes of the population of the Federation,

if the act, speech, words, publication or other thing has not otherwise in fact a seditious tendency.

(3) For the purpose of proving the commission of any offence against this Act the intention of the person charged at the time he did or attempted to do or made any preparation to do or conspired with any person to do any act or uttered any seditious words or printed, published, sold, offered for sale, distributed, reproduced or imported any publication or did any other thing shall be deemed to be irrelevant if in fact the act had, or would, if done, have had, or the words, publication or thing had a seditious tendency.

Section 4. Offences.

(1) Any person who –

(a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act which has or which would, if done, have a seditious tendency;

(b) utters any seditious words;

(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or

(d) imports any seditious publication,

shall be guilty of an offence and shall, on conviction, be liable for a first offence to a fine not exceeding five thousand dollars or to imprisonment for a term not exeeding three years or to both, and, for a subsequent offence, to imprisonment for a term not exceeding five years; and any seditious publication found in the possession of the person or used in evidence at his trial shall be forfeited and may be destroyed or otherwise disposed of as the court directs.

(2) Any person who without lawful excuse has in his possession any seditious publication shall be guilty of an offence and shall, on conviction, be liable for a first offence to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding eighteen months or to both, and, for a subsequent offence, to imprisonment for a term not exceeding three years, and the publication shall be forfeited and may be destroyed or otherwise disposed of as the court directs

                This entry was posted on Wednesday, 18 March 2009, 11:46 pm and is filed under
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Damned, damned, damned…

“
Damned if we do and damned if we don’t…
”

This is the lament  of Tengku Tan Sri Ahmad Rithaudeen, chairman of the Umno disciplinary board, for disciplinary action meted out to Umno members.

But shouldn’t the Umno board also be damned for being able to take action  only against 15 Umno members, when the number should be in hundreds as UMNO is “awash” with money politics and corruption in the Umno party elections, running into hundreds of millions of ringgit.

This is the question I posed in Parliament this morning during the 2008 Supplementary estimates  committee stage debate on the Education Ministry.

I started my speech by reminding the House that there had been various proposals that anti-corruption should be made part of the school syllabus to bring up a new generation of Malaysians who develop a strong antagonism towards corruption and who could distinguish between right and wrong on issues of integrity.

The question being asked today, not only among Malaysians at large, but even among thinking school-children, is best captured by the theme of the  Malaysiakini email column today:
‘Why is Ali Rustam still Malacca CM?’
 – “A ‘corrupt practice’ is an act of corruption, period. Yet, this Ali Rustam is allowed to remain an Umno member and chief minister of Malacca.”

The Education Minister, who is UMNO Youth leader, Datuk Seri Hishammuddin Hussein  has said that there is no need for Ali to resign as Malacca Chief Minister.

Do we have a young generation of Malaysians in the schools who could distinguish between right and wrong and can think for themselves that the Education Minister is wrong in this regard?

Will they be able to see the validity of the stand taken by the UMNO MP for Gua Musang Tengku Razaleigh Hamzah as reported in the Utusan Malaysia report
“Gantung jawatan parti – Ku Li”
:

KUALA LUMPUR 18 Mac – Calon-calon jawatan tertinggi parti yang didapati terlibat dalam politik wang perlu digantung daripada sebarang jawatan parti dan bukan sekadar dihalang bertanding.

Ketua UMNO Bahagian Gua Musang, Tengku Razaleigh Hamzah berpendapat, Lembaga Disiplin parti patut bertindak adil dan tidak membezakan hukuman ke atas para pengamal politik wang sekalipun mereka memegang jawatan berlainan dalam parti.

“Kalau benar bersalah patut dihukum, tidak boleh diberi amaran saja. Jangan pilih ‘ikan bilis’ saja, ‘jerung’ lepas,” katanya kepada pemberita di lobi Parlimen hari ini.

Beliau mengulas kes politik wang melibatkan Ketua Menteri Melaka, Datuk Seri Mohd. Ali Rustam serta ejen-ejennya.

UMNO MPs were up in arms when I made these points in Parliament, with the MP from Jasin misquoting the Standing Orders in trying to stop me from proceeding.

                This entry was posted on Thursday, 19 March 2009, 12:40 pm and is filed under
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Sad, sad, sad…

Former MCA President and MP for Kulai Datuk Seri Ong Ka Ting made one of his rare appearances in Parliament today.

For what?

Not to speak on anyone of the many  great issues currently disturbing  thinking Malaysians.

But to complain at the 2008 Supplementary Estimates Committee stage debate on the Education Ministry at the breach of the promise made by the Education Minister, Datuk Seri Hishammuddin Hussein when he was MCA President that the new SJKC(2) Kulai in his parliamentary constituency would be built with 30 classrooms.

He said that months have passed since his intervention,  but the issue of the new SJKC(2) Kulai being built with only 24 classrooms instead of 30 classrooms as originally promised remains unresolved.

How the mighty had fallen when the former MCA President has to come to Parliament to complain about the disappearance of six classrooms despite the  public pledge  jointly made by him as MCA President and Hishammuddin as Education Minister only last year!

Sad, sad, sad!

                This entry was posted on Thursday, 19 March 2009, 8:09 pm and is filed under
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Excitement over Gobind, Karpal and Ali

by
Zainon Ahmad

GOBIND Singh Deo (DAP-Puchong) was suspended on Monday by the Dewan Rakyat for a year for calling Deputy Prime Minister Datuk Seri Najib Razak a murderer but reference to the decision punctuated much of the debates throughout the week.

Discussion on that and on two events outside the House – the sedition charges brought against his father, Karpal Singh (DAP-Bukit Gelugor), and the travails of Malacca Chief Minister Datuk Seri Ali Rustam – raised the temperature of the House as members abused their counterparts across the floor.

They generated a lot of excitement and this caused the Dewan Rakyat, its lobby and Members Lounge included, to become such a happening place that it attracted more visitors to the national legislature than previously. Finding a parking spot in the morning was like winning a lottery.

Sitting in the public gallery, the visitors would not take long to notice that there are more shouters than debaters. Of course there are those like Datuk Dr James Dawos Mamit (BN-Mambong) and Dr Dzulkifli Ahmad (PAS-Kuala Selangor) who come prepared with notes like veteran Lim Kit Siang (DAP-Ipoh Timur) who is never without his notes, newspaper cuttings and even reference books whenever it is his turn to speak.

But except for the numbers, little has changed. Of course, where the BN side could shout down any attempt by the other side to raise their voices before March 8, 2008, the roar that comes from the opposition pews now is equally powerful, if not more so. This was the case during the debate on the motion to ban Gobind from the House for a year without allowances and benefits for his unparliamentary behaviour last Thursday which included shouting “you should be ashamed of yourself” to deputy speaker Datuk Ronald Kiandee when ordered to leave the House.

There were lots of shouting especially when Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz was rounding up the debate on the motion. All the opposition members stood up and shouted, and for a few minutes drowned out Nazri before they walked out.

Kit Siang, who appeared rather subdued since the meeting began in February, was his ebullient self again during the debate on the economic stimulus package presented by Najib, who is also finance minister.

But the package was more an excuse as he had other bones to pick with the government. For instance, on Tuesday, he told the House that the charges brought against Karpal, his party chairman, was “a politically motivated persecution”, a victim of “the addictive politics” that the ruling BN is involved in.

And old campaigner, he pegged his railings against the government, BN and Umno to their failure – due to too much politicking – to rally the people to unite to face the economic turmoil that the country is facing.

Still, when he brought up the subject of money politics in Umno, a number of BN MPs stood up to question the relevance of what he was saying to the stimulus package. He easily side-stepped them and went on to say that money politics in Umno was the worst this year.

When he brought up the subject of Malacca Chief Minister Ali, several BN members tried to prevent him from continuing by asking for its relevance to the stimulus package.

When he asked whether a man who has been found guilty of money politics and barred by the party to contest in the party election could continue to be chief minister, those behind him in a thunderous roar said “tak boleh.” He was unstoppable. Mohd Nor Othman (BN-Hulu Terengganu) tried. Datuk Ahmad Hamzah (BN-Jasin) also tried when he stood up to protest Kit Siang’s reference to Ali saying that the chief minister was not involved in corruption but had merely violated some ethics of Umno.

The DAP strongman even went into details of how money is solicited and offered, saying the whole process of money politics in Umno had produced its own nomenclature.

For instance he said when someone asked whether it was sekolah kebangsaan and sekolah Inggeris, he actually meant SK or SI which are abbreviations for salam kosong or salam isi which mean “empty handshake” or “handshake with something inside”. The whole house reverberated with laughter especially when he said satu tiang, or one pillar means, a hundred ringgit and dua tiang means two hundred ringgit. Tiang sri, or main pillar, means a thousand ringgit.

Outside the House the excitement was palpable as press conferences are held to clarify what has been insufficiently explained about a topic or a stand or to counter earlier statements to the press. Again Gobind, Karpal and Ali were the subjects with Ali being the hottest. He was neck and neck with International Trade and Industry Minister Tan Sri Muhyiddin Yassin in the race to be deputy Umno president, with Rural and Regional Development Minister Senator Tan Sri Muhammad Muhammad Taib a distant third.

A backlash against the decision to bar Ali is forecasted by the wags in the Members Lounge and when they saw the senator in the lobby on Wednesday they nudged each other and whispered: “Behold, our next deputy prime minister.”

                This entry was posted on Friday, 20 March 2009, 4:51 pm and is filed under
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Najib Countdown – double meaning for “N” in the RAHMAN prophecy

This is countdown time for Datuk Seri Najib Razak – with a week to go to his anointment as UMNO President next Thursday  to be followed by his ascension as the sixth Prime Minister of Malaysia in the first few days of April.

What is clear is that Najib’s takeover as Prime Minister of Malaysia will not be on April 1 so that it would not go down in history as “April Fool’s Joke”!

As it is, Najib’s impending takeover as the sixth Prime Minister is sufficiently dogged, hounded and haunted by grave doubts and allegations about his integrity and legitimacy, to the extent that for the first time in the 52-year history of Malaysia, strong objections are being raised publicly about the suitability of the Prime Minister-in-waiting, hardly a fortnight to his ascension to the highest political office in the land – and which is growing stronger by the day.

There are so many so skeptical and cynical about Najib’s suitability, integrity and legitimacy to become the next Prime Minister that they have spawned an increasing chorus of calls to stop Najib from becoming the sixth Prime Minister of Malaysia.

The latest to join this chorus is the former Law Minister, Datuk Zaid Ibrahim, who called on the Yang di Pertuan Agong to reject Najib if UMNO puts him forward as Prime Minister to replace Datuk Seri Abdullah Ahmad Badawi and to appoint someone who would “bring us back from the brink”.

There are online campaigns to get Abdullah to remain as Prime Minister even after the UMNO General Assembly next week, not because Abdullah is an effective and successful Prime Minister but because his replacement, Najib, is “evil”.

Although Abdullah’s popularity rating had plunged from a record high of 91 per cent in November 2004 to 61 per cent in January 2008 (just before the March 8, 2008 general election), down to 46 per cent in Dec 2008, he was at all times more popular than Najib, as demonstrated by the following surveys by Merdeka Centre:

Popularity rating

Abdullah

Najib

Feb 08

62%

45%

March 08

54%

46%

July  08

42%

34%

Sept 08

43%

40%

Oct 08

	45%

43%

December 08

46%

41%

 I do not think anyone will dispute that if an opinion poll is now conducted, Najib’s popularity would have fallen further even below the lowest point of 34% recorded in July last year, while Abdullah would have improved in his popularity rating.

However, there are others who feel that asking Abdullah to remain as Prime Minister is not the real option and propose that a more suitable candidate should be chosen from the present UMNO ranks, with Tengku Razaleigh Hamzah’s name most often mentioned in this context.

There is of course another scenario, which is for Pakatan Rakyat to replace Barisan Nasional at the federal government, but as the numbers are not present, this option is not really available.

Putting aside for the moment the question as to how real or realistic are these growing rumblings to stop Najib from become the next Prime Minister, the inescapable fact is that such public opposition to a Prime Minister-in-waiting is happening for the first time in the 52-year history of the nation, as was never the case in the nation’s history, whether Tun Razak, Tun Hussein Onn, Tun Dr. Mahathir Mohamad or Datuk Seri Abdullah Ahmad Badawi.

In fact, such doubts and objections to Najib taking over as the new Prime Minister seems to growing stronger by the day, the nearer to Najib’s ascension to the highest political office in the land.

This is why Najib’s RM60 billion second economic stimulus package have failed to rally confidence, as he is seen as the most divisive and distrusted Prime Minister-designate, who will not enjoy the customary political honeymoon of “First 100 days” for new Prime Ministers, as his Machiavellian machinations in his pre-100 days, like the undemocratic, unethical, illegal and unconstitutional power grab in Perak, the selective and malicious prosecution of DAP National Chairman Karpal Singh for sedition and the arbitrary and high-handed one-year suspension of DAP MP for Puchong, Gobind Deo Singh without pay and parliamentary privileges, have created widespread concern whether Najib’s ascension as the sixth Prime Minister marks the start of a national nightmare.

This also raises the question whether the “N” in the most famous political prophecy in the country, RAHMAN about the first six Prime Ministers in the country, has a double meaning – that it signifies Najib as Prime Minister after Tunku Abdul Rahman, Razak, Hussein Onn, Mahathir and Abdullah, but it also marks the “end” of the line of Umno Prime Minister, UMNO hegemony and Umno government in the next 13th general election.

(Speech at the DAP Damansara/Paramount Garden Dinner “Moving Selangor Forward” at Damansara Palace, Kota Damansara, Selangor on Thursday, 19th March 2009)

                This entry was posted on Friday, 20 March 2009, 11:59 am and is filed under
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Ali Rustam just don’t get it  – he should seek enlightenment from Mahathir

Disqualified UMNO Deputy President candidate, Datuk Seri Mohd Ali Rustam just don’t get it when he declared there was no reason for him to step down as Malacca Chief Minister after be was barred from contesting in Umno party elections for money politics.

He even came up with the riposte that “If that is the case, then they should also ask Lim Guan Eng and Anwar Ibrahim to step down as they had been convicted and imprisoned before”.

Ali has  made himself into a laughing stock by  exhibiting his shocking ignorance of the  law, ethics, politics and the great difference between him and the cases of Guan Eng and Anwar.

Both Guan Eng and Anwar were  victims of an oppressive and vindictive political apparatus  which used the system of justice to do its  dirty work through malicious and selective prosecution, jailing  and disenfranchising them from elective office for five years.

Is Ali seriously suggesting that he is in the same shoes as Guan Eng and Anwar – a victim of a pernicious and vindictive political system as represented by Umno?

However unfairly and unjustifiably, both Guan Eng and Anwar had paid their price, not only serving their undeserved jail sentences but also the five-year disenfranchisement from standing for elective office from the date of their release from jail.

Is Ali in the same shoes as Guan Eng and Anwar in having served a jail sentence and been barred from holding elective office for five years thereafter?

If Guan Eng and Anwar are  convicted and imprisoned when they are Penang Chief Minister and Parliamentary Opposition Leader respectively, there can be no doubt that they will have to step down from their respective positions. Why is Ali claiming an exception?

For someone who could emerge as a “hot-favourite” for election as Umno Deputy President next week if he had not been barred because of involvement in money politics (euphemism for corruption), it is unthinkable that Ali does not know that his attempt to use the cases of Guan Eng and Anwar to hang on as Malacca Chief Minister is completely misguided, frivolous and baseless.

Should Ali step down as Malacca Chief Minister after being barred from standing for UMNO Deputy President although he is the “hot favourite” because of involvement in money politics and corruption?

He should seek enlightenment from his old master, former Prime Minister Tun Dr. Mahathir Mohamad, who had described it most aptly, as reported by the
Malaysian Insider
, as follows:

He (Mahathir) said that Mohd Ali should be treated the same way former Umno vice-president Tan Sri Mohamed Isa Abdul Samad was treated in 2005.

”Isa was thrown out because he was involved in money politics but he also lost his position as a minister. But here we have a very strange decision.

“He was found to be corrupt but he can remain as the Chief Minister (of Melaka).Now we have a person who is confirmed corrupt but the party accepted him as the chief minister.

“If you pass judgment, you must be consistent.  It must apply to everybody in the same way and in the same amount.

“You cannot say, well, he killed that person so he should be hanged. And then he killed another person but this other person is not important, so let him go,” he said.

What say you, Ali Rustam?

                This entry was posted on Saturday, 21 March 2009, 11:45 am and is filed under
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In His Majesty we trust

by
Tunku Aziz

The Malaysian Insider – Opinion | 20 March 2009

Zaid Ibrahim is one person I greatly admire because he, no matter what the subject is under discussion, is ready to take it on with courage and candour.

Zaid is his own man, beholden to no one as far as I know, and is not out there in the public domain to please his political masters because clearly he has none.

In my conversations with him over the last few months on a range of political issues, I have noticed, much to my surprise and delight, that he is apparently incapable of harbouring any malice, not even towards people who have acted malevolently against him.

Such is the measure of Zaid the man who now finds himself maliciously attacked on all sides by the besieged Umno/BN cabal because he had the moral and intellectual courage to suggest to His Majesty the Agong that a person such as Najib whose personal reputation is in complete tatters should be told in the nicest possible way where to get off the gravy train.

Significant numbers of Malaysians are of the opinion that he poses too great a risk to the country and he is the most unlikely person to be able to play a positive role in the rebranding of Malaysia.

This candidate for the highest political office in the land is not even prepared, so it seems, to subject himself to public scrutiny by suing all those who have maligned him and put his personal integrity into question. That would not only teach them a lesson of sorts, but also clear his name, once and for all, of all allegations of impropriety.

There are those among the Umno top brass who say that the Agong should not break with tradition. He should appoint the president of the dominant party in the coalition as the prime minister.

There is nothing wrong with being tradition-bound, but there is everything reprehensible about clinging to a practice that, on this occasion at any rate, could divide our people even more and degrade our country’s international standing. We — whether we like it or not — are not entirely on our own on this planet.

The Agong must fully take into account the sentiments on the ground because so much is at stake should he make an ill-informed decision. The Perak tragedy should be an example to all members of the ruling elite the consequence of arriving at a decision without heeding and ascertaining the true wishes of the people who are often dismissed as the “chattering masses” or even less flattering, “the great unwashed.”

I do, of course, realise that His Majesty would be hard pressed to select his next prime minister because the Umno pool of talent is all but empty, but as many agree, compared with Najib, anyone else would be a brilliant choice.

Umno should consider bringing back Tengku Razaleigh, whom they have put out to pasture, to restore public confidence in the next government. We expect Ku Li will be happy to help out as a duty to the country, as prime minister, ad interim, to give Umno the breathing space (even a lifeline perhaps) it needs badly to rehabilitate its crumbling image.

The nation at a time such as this could not be better served than by a man of his prestige, reputation and experience. In this, Malaysia’s hour of need, Ku Li will be just the tonic for a jaded, disenchanted and divided people.

It is a remedy worth trying. We have nothing to lose and everything to gain by breaking with tradition. Umno should support Zaid Ibrahim’s idea because it provides a way out of its seemingly intractable problem of fast receding public confidence to govern honourably.

You cannot govern by abusing the law to compel and exact acquiescence from citizens who have woken up to the fact that they have rights to justice and truth.

His Majesty the Agong is being presented with a rare opportunity to show his subjects that the noble institution of the king is more than a mere decorative fixture in the elaborate scheme of ancient rituals and symbolisms at the disposal of the ruling party; the power of the king in our Constitutional arrangement is real and truly awesome if used wisely.

The power we have entrusted to our king must be exercised for the absolute good of the country and the people. The Agong understands the wishes of his people and will want to do the right thing by them. Daulat Tuanku.

                This entry was posted on Saturday, 21 March 2009, 10:21 am and is filed under
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LKS Video – Gobind’s 12 months suspension by Kangaroo Court

                This entry was posted on Saturday, 21 March 2009, 8:59 am and is filed under
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Who will investigate MACC Chief Commissioner Ahmad Said for  abuse of powers and charge him for  “corruption”?

Malaysian Anti-Corruption Agency (MACC) Chief Commissioner, Datuk Seri Ahmad Said Hamdan is not shy in  being seen as UMNO catspaw, not to fight corruption, but to further Umno’s ulterior motive and political agenda in its undemocratic, unethical, illegal and  unconstitutional power grab in Perak.

For the second time since his appointment as MACC Chief Commissioner this year, Ahmad Said has shown his open bias against Pakatan Rakyat when he said in Kuantan yesterday that there were
 “elements of misuse of power”
 in the suspension of the usurper Perak Mentri Besar Datuk Dr. Zambry Abdul Kadir and his six illegitimate executive councilors by the Perak State Assembly Committee of Privileges, headed by the Speaker V. Sivakumar.

The first time was last month  when Ahmad Said turned the MACC into a national joke, becoming known as “Malaysian Agency for Car and Cows”, when he publicly declared that the agency had “good and strong evidence” of corruption against the Selangor Pakatan Rakyat Mentri Besar Tan Sri Abdul Khalid over the car and cows controversy, destroying  whatever credibility the MACC might have among Malaysians that it would be independent, professional and uninfluenced by the dictates of its political masters.

After the nation-wide outrage and furore over Ahmad Said’s statement reducing the agency into a “Malaysian Agency for Car and Cows”, a statement was issued early this month after a meeting of  the
MACC Advisory Board
chaired by the former Chief Justice Tun Abdul Hamid Mohamed that the top MACC officials will not comment on ongoing cases before the investigation papers on the cases are completed or a decision is made by the deputy public prosecutor.

As Ahmad Said has violated this MACC policy in making the premature, misplaced and highly prejudicial statement against  the Perak Speaker V. Sivakumar by declaring that there were ”elements of misuse of power” in the suspension of Zambry and the six illegitimate executive councillors, who is going to investigate the MACC Chief Commissioner for “abuse of power” and charge him with corruption as the MACC chief has equated “abuse of power” with corruption under the MACC Act?

This is not the only instance of Ahmad Said’s blatant abuse of power , as even more serious is the MACC’s contempt and reckless disregard for  the foundation principle of parliamentary democracy – the doctrine of separation of powers among the executive, legislature and the judidicary whereby every legislature is the master of its own house permitting no  interference, harassment or intimidation  from the other branches of government.

Whether Zambry and his excos had been properly suspended from the Perak State Legislative Assembly is a matter for the Perak state assembly to decide and not for the MACC to intrude and interfere on behalf of its Umno political masters.

The MACC harassment of the Perak Speaker and state assembly members are all the more reprehensible when there  can be no doubt about the propriety about the  suspension decision of the Perak Assembly Committee of Privileges as the rules of natural justice including prior notification of the charges and the right to be heard were fully accorded to  Zambry and his retinue of six.

Last week, the DAP MP for Puchong, Gobind Singh Deo was suspended for a year without pay and parliamentary privilege in a kangaroo court-style of proceeding in Parliament.

Is the MACC Chief Commissioner going to countenance the summoning, questioning and investigation of the Speaker of Parliament, Tan Sri Pandikar Amin, for “elements of abuse and misuse of power” in not allowing Gobind the fundamental right to be heard before a vote was taken, or for the earlier decision in allowing the Ministerial motion to be tabled without  proper notice as stipulated by the Standing Orders or for imposing a guillotine on the debate when there were many MPs who had wanted to speak on such an important issue and were unable to do so?

Of course not, the MACC Chief Commissioner would not dare to think of such an action and I fully agree that such a scenario is completely unacceptable, as the principle that Parliamnet must be master of its own House without interference, harassment or intimidation from the other two branches of government cannot be compromised.

But why is the MACC Chief Commissioner harassing the Perak State Speaker when the notion of committing the same contempt against the Parliament Speaker is so abhorrent?

If this is not abuse of power, I don’t know what is.

                This entry was posted on Saturday, 21 March 2009, 2:23 pm and is filed under
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Ai-yo-yo Samy

Nobody would have been surprised by the following newsflash:

Samy Vellu retains MIC president’s post uncontested

KUALA LUMPUR: Datuk Seri S. Samy Vellu retained the post of MIC president uncontested for the 11th consecutive term at the close of the party’s presidential nomination in Kuala Lumpur on Sunday, according to sources.

The nomination papers of his challenger Datuk M. Muthupalaniappan were rejected.

                This entry was posted on Sunday, 22 March 2009, 1:06 pm and is filed under
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Malaysians Say Corruption is UMNO’s Worst Flaw

Angus Reid Global Monitor | March 21, 2009

Many people in Malaysia say the governing party’s main problem lies in corrupt practices, according to a poll by the Merdeka Center for Opinion Research. 35 per cent of respondents cite corruption as the most serious flaw of the United Malays National Organization (UMNO).

Being out of touch is second with 15 per cent, followed by having weak leaders with 12 per cent, having weak economic managers with 11 per cent, being arrogant also with 11 per cent, and being racist with 10 per cent.

UMNO—the biggest party in a coalition of 12 political factions known as the National Front (BN)—has formed the government after every election since the Asian country attained its independence from Britain in 1957.

Abdullah Ahmad Badawi took over as prime minister in October 2003, after the retirement of Mahathir Mohamad, who served for more than 22 years. In the March 2004 election, the National Front secured 198 of the 219 seats in the House of Representatives. Abdullah was sworn in as head of government with the biggest majority in three decades.

In the March 2008 ballot, the National Front won 140 seats in the legislature. The coalition’s share of the vote dropped drastically, from 64.4 per cent in 2004, to 50.27 per cent in 2008. According to Human Rights Watch, the most recent election was “grossly unfair” and marred by irregularities.

Last September, Abdullah announced he would step down in March 2009. Najib Razak—who currently serves as deputy prime minister and finance minister—is set to take over as head of government in early April.

On Mar. 12, Datuk Mohamad Norza Zakaria, a top member of UMNO, was charged by prosecutors with bribing people in exchange for their help in securing his post in the party’s Supreme Council in internal elections, which will be held at the end of March. Norza pleaded “non-guilty” and was later released on bail. He is due to appear before the court on Apr. 22.

Polling Data

Among the problems mentioned by people about the United Malays National Organization (UMNO), please choose two that you feel are most serious. (Average of mentions listed)

Corruption

35%

Out of touch

15%

Weak leaders

12%

Weak managers of the economy

11%

Arrogance

11%

Racist

10%

Not sure

1%

No response

4%

Source: Merdeka Center for Opinion Research

Methodology: Telephone interviews with 1,031 Malaysian adults, conducted from Feb. 4 to Feb. 16, 2009. Margin of error is 3.1 per cent.

                This entry was posted on Sunday, 22 March 2009, 6:16 pm and is filed under
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Parliament should be extended for another week/a special sitting  in April to debate confidence motion on  new PM

The countdown has been reduced to four days for  Datuk Seri Najib Razak to be anointed as UMNO President in the UMNO General Assembly, as he has been nominated uncontested for the top Umno post.

The countdown for his ascension as the sixth Prime Minister will be slightly longer as guestimates are that the Prime Ministerial hand-over will take place either on April 2 or 3.

Except that there is growing and  unprecedented nation-wide disquiet and even dismay that Najib would become the next Prime Minister despite the many unresolved allegations hounding and haunting him raising serious questions about his fitness,  integrity and legitimacy to occupy the highest political office of the land, to the extent that it had found expression in the public domain by concerned and patriotic Malaysians – a completely new political phenomenon in the nation’s 52-year history as this had never happened before during the tenure of the first five Prime Ministers of Malaysia about their ordained successors.

The latest voice to join the increasing chorus of doubters, sceptics and cynics about the propriety, suitability  and legitimacy for Najib to become the next Prime Minister is none other than
Tengku Razaleigh Hamzah
who, when asked in a Malaysiakini interview about the recent call by the former Law Minister, Datuk Zaid Ibrahim, that the Yang di Pertuan Agong should reject Najib if Umno puts him forward as Prime Minister to replace Datuk Seri Abdullah Ahmad Badawi, said “it is possible for the Yang di Pertuan Agong may not appoint Najib as Prime Minister despite being Umno president”.

Article 43(2)(a) of the Federal Constitution  provides that the Yang di Pertuan Agong shall appoint a Prime Minister “who in his judgment is likely to command the confidence” of the Dewan Rakyat.

I agree with Tengku Razaleigh that there is nothing in the Malaysian Constitution that binds the Yang di Pertuan Agong to appoint Najib as the next Prime Minister just because he is the Umno President, as the critical issue is the ability to “command the confidence of the Dewan Rakyat”.

For this reason, the Dewan Rakyat should be  extended for another week or a special sitting should be held in April to debate a  confidence motion on the new Prime Minister.

There is a precedent for this as three decades ago, when the second Prime Minister, Tun Razak died of leukaemia in London on January 14, 1976 and Tun Hussein Onn was sworn in as his successor.

The first thing Tun Hussein did was to convene a special sitting of Parliament in less than a fortnight  on January 27, 1976 which adopted a motion of confidence in the third Prime Minister.

For the past 51 years, the first meeting of Parliament every year, which would be declared open by the Yang di Pertuan Agong,  would be in March or  April going often into May, but this year, it was brought forward to February – to suit the convenience of the UMNO General Assembly and the power transition next week.

If the traditional parliamentary time-table had not been interfered  or trifled with, Parliament would currently be in session till next month or even May, and a confidence motion for a new Prime Minister would be an appropriate subject of current parliamentary agenda.

I therefore call for the present meeting of Parliament to be extended for another week or a special sitting should be held in April to debate a confidence motion on the new Prime Minister.

                This entry was posted on Sunday, 22 March 2009, 1:39 pm and is filed under
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First Things First With Najib Razak

by
M. Bakri Musa

Barring divine intervention, or an incredibly stupid move on his part, Najib Razak is set to be Malaysia’s next Prime Minister come this April. He will assume office with an approval rating even lower than that of the man he will be replacing. He also has a dark cloud hovering over him that simply refuses to fade away.

            Despite that, Najib could still lead Malaysia out of its current doldrums and on to greater heights. To achieve that, he must address two critical issues, one relating to his personal integrity and the other, his leadership. For the first, he must answer the many sordid allegations swirling around him, specifically with regard to the brutal murder of the pregnant Mongolian model Altantuya. With the second, he must select a cabinet and leadership team that would “wow” the nation.

            One thing is certain. This is not the time for Malaysians to resort to extra constitutional means or set dangerous precedents that could later haunt us just to deny Najib his due. Asking the King to intervene is one such dangerous precedent. Allah aside, only Parliament or UMNO Supreme Council could legitimately remove Najib. As both moves are unlikely, we might just as well focus on the potentially more productive pursuit of at least trying to ensure that his tenure will be successful. We owe that to our children. Love for country should transcend obsession with politics.

            This is also not the time to demonstrate on the streets just to express our loathing for the man. That would only hasten Malaysia’s degeneration towards another Pakistan. During these perilous economic times, Malaysians would not forgive their politicians should they indulge their followers in such theatrics.

            Every new leader deserves the courtesy of a grace period. There will be time enough in the next election for us to express our judgment on Najib. Meanwhile be thankful that the incompetent and neglectful leadership of Abdullah is finally coming to an end.

The Mongolian Murder Mystery

For Najib to simply deny that he is not in any way involved with the murder or attribute evil motives on his critics – his current strategy – will not cut it. His swearing of innocence over the Quran may convince some mosque attendees but it will not remove the lingering suspicion. The alleged evidences against him are just too specific and detailed. There are the purported SMS exchanges with a prominent lawyer who was initially involved in defending one of the accused, as well as the erasure of the murder victim’s record of entry into the country.

            I applaud Najib in not resorting to libel suits to silence his critics. This is a particularly pernicious habit of the powerful in the region, a reflection of their ingrained “might being right” mentality. This is also the addiction of those who think they are powerful (and thus beyond criticism) simply because they have privileged access to the court system.

            What Najib should do is to have a full press conference open to all, including and especially foreign correspondents, representatives of the alternative media, prominent bloggers, and his severest critics. I would include here Malaysia-Today’s Raja Petra Kamarudin.

            Apart from being thoroughly prepared, Najib should bring to and distribute at that press conference all possible exculpatory documents such as his phone logs and billing records, as well as copies of Altantuya’s visitor entry record. Anything less would only deepen the suspicion. Najib needs to prevail in the court of public opinion, not the court of law.

            I am making a crucial assumption here, and that is, Najib is truly innocent. If he is in any way involved in the murder, no matter how tangentially, then he does not deserve to be in Putra Jaya. He should be sent to Pudu Prison instead.

A “Wow” Cabinet and Leadership Team

Tun Mahathir’s warning to Najib that he should not pick a corrupt cabinet, while headline grabbing and stern sounding, is neither insightful nor helpful. Of course no one wants to be associated with the corrupt. Unlike Mahathir’s advice, mine is more specific and practical.

            Najib should dispense entirely with the current cabinet, bar none. This includes the most likely candidate for Deputy Prime Minister, Muhyuddin Yassin. This is the team that passionately supported Mahathir when he wanted to build that crooked bridge to Singapore, and then just as enthusiastically backed Abdullah when he cancelled it! These ministers are incapable of independent thought; they serve nothing more than as their leader’s echo chamber. Get rid of them all.

            The job of finding enough fresh talent to fill his new cabinet would be made considerably easier if Najib were to substantially reduce its size to about a dozen members. Get rid of the Ministries of Women Affairs, Youth, Tourism, and Information, among others. Apart from the cost savings, such a move would also streamline his administration.

            Widen the search beyond UMNO and Barisan, or even outside of politics. Malaysia does not lack for talent, only that many are currently turned off by politics.

            Najib may not remember this, but his father effectively used the senate appointment route to recruit new talents. That was how he brought in such outstanding individuals as Tengku Razaleigh, Ghazali Shafie and Chong Hon Nyan. Tun Razak even sought those who had previously been expelled from the party, as he did with Mahathir. Likewise, Najib must be as daring and unconventional as his father was. This is no time to stick to the old tired playbook.

            A pivotal decision for Najib would be his choice for Deputy Prime Minister. Although Muhyuddin is likely to be elected the deputy UMNO leader, he would be a poor choice as Deputy Prime Minister, Mahathir’s endorsement notwithstanding. Najib should politely decline Mahathir’s recommendation and buck party tradition.

            Being of the same age and experience as Najib, Muhyuddin would bring nothing extra to the team. For another, there would always be the subtle and distracting rivalry between the two, with Muhyuddin impatiently waiting his turn. We have been through that before! In part to allay our fears of this, he has already displayed the stereotypical UMNO streak of sucking up to his superior, as evidenced by his over enthusiastic embrace of Najib. He also goes to great pain impressing everyone on how well he can work with Najib. In Freudian psychology they call that “reaction formation,” a tried-and-true defense mechanism.

            Muhyuddin’s fatal flaw is that he views the office of Deputy Prime Minister primarily as Najib’s chief “gofer” rather than as the nation’s second in command.

           Najib should break once and for all the current unhealthy coupling of party positions with governmental appointments. Thus he should keep Muhyuddin out of government and task him to reform UMNO, a monumental undertaking in itself. He had been chairing the committee to reform the party for the past few years. Let him continue there.

            Najib should instead invite (beg if necessary) Tengku Razaleigh to be his Deputy. His considerable experience and wisdom would confer upon Najib’s team instant respect and credibility. While that is important it should not be the sole reason for picking him. Rather, Najib should maximally utilize Razaleigh’s skills and talent.

            The major challenge would be to make Razaleigh accept the appointment. Appealing to the man’s sense of public duty would help, indicating that this would further his publicly-stated quest for a “unity” government.

            The age, experience and temperament of the two are sufficiently different that the two would unlikely get entangled in a destructive rivalry. Instead they would complement each other, recalling the successful Tunku-Tun Razak’s partnership of two generations earlier, only this time with a role reversal.

            Early in his term I suggested that Prime Minister Abdullah should choose Tengku Razaleigh as a sort of Co-Prime Minister. Such successful co-leadership teams are seen in many large corporations, the most visible being Microsoft’s Bill Gates and Steve Ballmer. Had Abdullah done that, his (as well as the nation’s) fate would today be far different.

            Apart from the cabinet, there are two other crucial senior governmental appointments:  the chiefs of the police and the Anti Corruption Commission. Both institutions are now hopelessly corrupted and irreparably politicized; likewise their senior officers. The only way to regain the public trust is for Najib to recruit internationally, possibly from the FBI, Scotland Yard, or the Royal Canadian Mounted Police. Once he has reestablished trust, then he can revert to local talent.

A One-Term Mindset

To focus on these difficult tasks, Najib should develop a Reagan-like mindset of not worrying about the next election. He should act as if he would be a one-term Prime Minister. That would instill a much needed sense of urgency and discourage him from worrying about short-term political considerations. Such an attitude would also embolden him to make the necessary tough decisions.

            By instituting these changes Najib would quickly assert his leadership as well as send the clear message that he is fully aware of the awesome responsibilities of his office and that he has the wherewithal to fulfill them. That would more likely make him succeed as Prime Minister, which in turn would ensure his party’s re-election.

            These changes would of course trigger anger among the many powerful warlords in his party. Rest assured that as most of them are corrupt, a reinvigorated Anti Corruption Commission under professional leadership would keep them occupied.

            However, first things first; Najib has to assure Malaysians that his personal integrity is beyond reproach. Frontally addressing the many ugly accusations leveled at him regarding the tragic end of that pregnant Mongolian model would be a good and essential start.

                This entry was posted on Monday, 23 March 2009, 2:13 am and is filed under
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