Hearing begins on Perak MB crisis

PUTRAJAYA— The Court of Appeal this morning started hearing Barisan Nasional’s Datuk Seri Dr Zambry Abd Kadir appeal against the High Court ruling last Monday that declared Pakatan Rakyat’s Datuk Seri Mohammad Nizar Jamaluddin the rightful Perak mentri besar.

The Kuala Lumpur High Court had on May 11 ruled that Nizar was the rightful mentri besar as the state assembly had not moved for a vote of no confidence to remove him.

The following day Zambry filed an appeal and obtained a stay order from Court of Appeal judge Ramly Ali who had sat as a single judge.

Following this Nizar filed his own application to set aside the stay order granted to Zambry.

Nizar's application is to set aside the stay order obtained by Zambry against the High Court ruling which had declared Nizar as the legitimate mentri besar.

He had also requested that the matter be heard by a five-member Court of Appeal panel, instead of the usual three, as it was a matter of public interest and touched on constitutional issues.

However, Nizar failed to get his request. It is learnt that his letter of request did not reach the Court of Appeal president Alauddin Md Sheriff on time.

This morning, the parties agreed that Zambry's appeal will be heard first.

The three-member panel hearing the matter comprises Justices Abdul Raus Sharif, Datuk Zainun Ali and Ahmad Maarop.

This legal battle between Nizar and Zambry is largely seen by many as the final judicial attempt by either party to stamp their authority as the rightful and legitimate Perak menteri besar.

The hearing is expected to take a few days before the court makes a ruling on both the matters before it. Go to this link to get the latest updates from the Appeal Court (TMI)

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Nizar remains the man of the hour

PETALING JAYA– Datuk Seri Mohammad Nizar Jamaluddin is very much the man of the moment, judging from the rousing reception he got at a public forum here last night in remembrance of the tragic race riots that became a bloodbath 40 years ago.

While his position as the lawful mentri besar (MB) of Perak is locked in a bitter wrangle in the Court of Appeal, there is no doubt as to his popularity with the public.

The cheers, catcalls, whistles and applause sounded far louder and longer when he walked up to the podium than for Datuk Seri Anwar Ibrahim earlier when the Opposition Leader was opening the event.

Thousands turned up to hear Nizar speak at the city council civic centre, squeezing their rear ends onto narrow chairs in the packed hall, which normally seats about 1,000 people. Those who arrived late had to suffer the ignominy of sitting on the scruffy concrete floor or stand squished to the walls. They did not appear to mind at all; not even the ones dressed to the nines in formal jackets and bling.

Nizar did not disappoint.

The third last speaker for the evening, he immediately launched into a scathing attack on the Barisan Nasional (BN) government, singling out Umno for the most blistering criticism.

The newly-elected MP for Bukit Gantang accused the dominant Malay party of creating a bogeyman out of the May 13 1969 incident.

“Umno is still using the May 13 incident as a tool to scare Malaysians,” he thundered.

Nizar claimed that the residual fear from the incident was based on fiction, created by the ruling parties to continue the colonial tactic of divide-and-conquer to exert control over the populace.

“Umno tells people: ‘Our closest enemies are the Chinese’,” he said, to demonstrate what he claimed was the party’s tactics in inciting hatred among the different races.

He alleged the other race-based components of the BN coalition adopted similar measures.

He acknowledged that even he had been duped by the colonialist scare tactics in the past “but no more”.

“The 13th May incident was sparked deliberately by Umno,” he said, pointing out that there was no such racial disturbances in PAS-dominated areas.

Fast-forwarding it to the present day, Nizar emphasised that the Islamist party’s administration is based on universal values such as justice for all and trust.

He further highlighted how peaceful Perak was during its brief 10-month tenure in governing the state, compared to the BN state administration in Terengganu, claiming there existed a deep-seated quarrel inside the party that continued to the present day as the BN politicians squabble over trivial pursuits.

Nizar called on the audience to shake off the metaphorical yoke keeping their heads constantly bowed.

“Are we going to let this continue?” he questioned.

“No!” the crowd thundered in reply.

Smiling broadly, he echoed Anwar’s calls for statewide elections in Perak to solve the current crisis.

This, he said, would bring about a promising new political landscape in Malaysia. (TMI)

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Ku Li - The courts cannot solve Perak crisis

KUALA LUMPUR — The Perak crisis is a tragic comedy of errors and bad political judgement that reflects a failure of political leadership. As it continues to spin out of control, it damages our democratic system of governance.

For all intents and purposes, one of our most prosperous and developed states has been reduced to a failed state, with a possibly illegal state government in place. This is a condition that can propagate outwards to the rest of the country.

I stated at the beginning of this crisis that by our Constitution, a change of government can only be brought about by democratic means, which is to say, through the ballot box or through a formal vote of confidence in the elected Legislative Assembly.

These are the constitutionally mandated means by which the people decide on their government. Any other means of changing the government is unconstitutional and undemocratic, and subverts the basis upon which we are a civilised society.

We now have reason to fear the loss of the people’s confidence in the Constitution, in democracy and in our constitutional monarchy.

Responsible political leadership must support rather than destroy the confidence of the people in these practices and institutions. In particular, powers reserved for the Legislative Assembly, which represents the sovereign will of the people, cannot be taken away under any circumstances by anyone.

This foundational constitutional principle has been affirmed by the Court. We are all sworn to uphold it. Those who do not understand or accept this principle have no place in government.

Some issues can be solved by a court of law, but the Perak crisis is not one of them. The back and forth events of the past week demonstrate this fact abundantly.

The Perak crisis cannot be solved by a decision of the Court because it is at heart a political rather than a constitutional problem. There is really no doubt about what the Constitution says.

What is now unclear as a result of an ugly series of manoeuvres is whether Perak has a legitimate government, and there is only one way to resolve that issue.

Perhaps our political leadership has not understood how important it is that the people’s voice must prevail, and be seen to prevail, in the choice of their government.

The only solution to the Perak crisis now is for the State Legislative Assembly to be dissolved and free and fair elections held. At this stage there is no other way to restore both public confidence and constitutional legality to the Perak state government, and by extension to our entire system of government.

Our survival as a democratic and constitutional monarchy depends on our acceptance of the judgment of the people as expressed in free and fair elections. Any attempt to circumvent that judgement betrays the basic principles and values upon which our nation and incidentally, UMNO itself, stand.

I appeal for wisdom and a broader concern for the wellbeing of our country.

Tengku Razaleigh Hamzah

Member of Parliament, Gua Musang

Courtesy of The MalaysianInsider

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Nizar report to work but forced to pray outside

A prayer before beginning entering the state secretariat this morning in Ipoh, MB Datuk Seri Nizar Jamaluddin starting his day with his followers. - Reuters pic

By Shannon Teoh

IPOH — At 7.34am today, Datuk Seri Nizar Jamaluddin arrived at the State Secretariat building here to report for work, almost four months after he was forced to vacate his mentri besar office here.

In sharp contrast to the war zone scenario outside the same building last Thursday, everything was calm and orderly this morning despite heavy police presence.

The entrance to the building is now blocked by FRU barriers and one side of the road in front is closed to traffic.

By the time Nizar arrived, most of his exco were already there. He walked to the entrance, led some prayers outside and then went inside.

Pakatan Rakyat Speaker V. Sivakumar was also there.

About 10 minutes later, Nizar left the building after clocking in as mentri besar, a ruling made by the Kuala Lumpur High Court yesterday.

His next appointment is with the Perak Regent, Raja Nazrin Shah. (tmi)

In another glaring example of what’s wrong with Malaysia under Prime Minister Najib Razak, Perak police continued to act as guardians of the political interests of his Umno-BN, rather than as safe-keepers of the rakyat or maintainers of the law.

On Tuesday morning, Pakatan Rakyat leaders including Menteri Besar Nizar Jamaluddin were initially denied entry into the state secretariat complex, although the High Court had a day ago declared Nizar the rightful chief minister.

While cars of other civil service employees were freely allowed into the Perak Darul Ridwan building, Nizar and his exco team were made to enter on foot!

As Opposition Leader Anwar Ibrahim rightly stressed on Monday, the separation of powers between the executive, the judiciary and legislative must be clearly defined and all parties especially the federal apparatus, such as the police, the civil service and the courts, must behave professionally at all times.

Nevertheless, in a show of goodwill, the ever-resilient Nizar did not protest the shabby treatment meted out to him and his executive councillors. But before entering - to offer thanks and to seek blessings for a safe outcome - he and team held prayers by the roadside. (SK)

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Sultan can appoint MB but can’t remove him

KUALA LUMPUR: The power of the Sultan to appoint or remove a mentri besar took centrestage at the High Court yesterday in the case between former Perak MB Datuk Seri Moham­mad Nizar Jamaluddin and his successor Datuk Seri Dr Zambry Abdul Kadir.

Nizar’s lead counsel Sulaiman Abdullah, who noted that the Perak Constitution was the highest authority in the state, submitted that while the Sultan was conferred the power to appoint a mentri besar, he did not have the same power to remove a sitting mentri besar.

“It is well and good in appointing, that is entirely up to the Sultan but getting rid of the mentri besar is no longer the Ruler’s function – it is now up to the state council. That can only be done through a vote of no confidence in the House,” Sulaiman told High Court judge Justice Abdul Aziz Abdul Rahim when submitting on Nizar’s application to seek a declaration that he is the rightful mentri besar.

Nizar is also seeking an injunction to bar Zambry from discharging his duties as mentri besar.

This came after the Pakatan Rakyat government in Perak collapsed when three Pakatan assemblymen declared themselves independent, but friends of the Barisan Nasional coalition, in February. Zambry was subsequently appointed Mentri Besar.

Sulaiman said the appointment of a person to the office of the mentri besar was only valid if the office was vacant, as there could not be two persons holding the office.

“And the office will only be vacant if Nizar resigns or is dismissed. Nizar has not resigned,” he said, arguing that Zambry’s appointment was, therefore, unconstitutional.

Abdul Gani, who is an intervener in the case, however, said the Sultan had carried out his duty under the state constitution to ascertain that Barisan had the majority before appointing a new Mentri Besar.

There were only two provisions in the state’s constitution, he said, when a mentri besar could request for a dissolution of the state legislative assembly.

One was under Article 36(2) of the Perak Constitution when the five-year term of the assembly was drawing to an end and the other was under Article 16(6) when the mentri besar had lost the confidence of the majority of the House.

Nizar, he explained, had made the request under Article 16(6).

“When the Sultan refused the request, he and members of his exco are deemed to have resigned and their offices in the exco are vacated automatically. The mentri besar’s office therefore fell vacant and Zambry was lawfully appointed as the Mentri Besar,” he submitted.

Sulaiman counter-argued by stating that the mentri besar, similar to a prime minister, could request for a dissolution of the assembly prior to the five-year term.

The hearing continues today. (TheStar)

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Zambry forced to reverse media restrictions as Pakatan slams Perak police, state secretary

Anwar speaking at the joint press conference with PAS president Datuk Seri Hadi Awang (left) and DAP’s Lim Kit Siang. - Picture by Choo Choy May

UPDATED

By Debra Chong

IPOH- The Pakatan Rakyat (PR) today accused the police and the Perak state secretary of partisanship ahead of the May 7 state assembly sitting, even as the mentri besar slipped into damage control mode in the fallout from an earlier decision to restrict media coverage.

Opposition Leader Datuk Seri Anwar Ibrahim noted that the state secretary had “seemingly taken over the duties” of the speaker, including deciding which media organisations were allowed to enter the assembly.

But even as Anwar was speaking here at a joint press conference together with PAS president Datuk Seri Hadi Awang and the DAP’s Lim Kit Siang, Perak mentri besar Datuk Zambry Abd Kadir announced he had rescinded the restrictions in a posting on his blog.

Zambry claimed to have had no hand in the decision to restrict the number of media organisations covering the state assembly, but he suggested it was made because of space constraints.

“In the name of press freedom I have asked the information department to allow all mainstream media representatives to cover (the assembly). This includes the new media, including our blogger friends,” the Perak MB wrote.

Last week, the Perak Information Department issued a circular listing down which media organisations were allowed to send their reporters and cameramen to cover the state assembly sitting, leaving out a number of newspapers and also the online media.

The decision to restrict the number of media organisations has drawn a major outcry and has damaged Zambry’s attempts to win backing for his government.

The DAP’s Lim, speaking at the press conference here, said: “I think it is clear these people have no respect for the media.”

He accused Zambry of having something to hide and “for turning the assembly into a security prison.”

Datuk Seri Nizar Jamaluddin, who still maintains he is the mentri besar, was also present at today’s press conference, told reporters he had received a request from the police to attend a special briefing tomorrow.

He noted it was the first time the police had ever organised such a briefing.

Nizar said all PR lawmakers would boycott the briefing. (TMI)

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By Election - LLoud support for both sides

By Debra Chong

TAIPING– After a night of roaring rains, the pale blue sky streaked with feathery white clouds promised a return to the tranquillity that Taiping is named for yesterday morning.

But that peace was soon shattered. The armies (of supporters) for both the Barisan Nasional (BN) and Pakatan Rakyat (PR) were on the march even before dawn, to reach the nomination centre for the Bukit Gantang by-election battle before 9am.

Streaming in from every slip road and side lane, the supporters and campaigners for the two political giants spiritedly shouted slogans, sang songs and waved their party flags wildly in the air, though some wore it cloaked to keep off the early morning chill, made colder the closer they got to the town council office at the foothills of the famed Lake Gardens.

Hemmed in by the court complex on one side and the district offices on the other, the PR party on Jalan Kota soon resembled a religious Mardi Gras.

The party song blared on repeat through someone’s speakers while other revellers took up the battle cry of “AllahuAkbar” and “Takbir” at intervals. Bands of masked men, women and children sporting Pas candidate Datuk Seri Mohammad Nizar Jamaluddin’s face on cardboard, wandered about freely, snapping pictures on their camera phones even as a helicopter circled overhead and closer to the ground, small flocks of switftlets twitted merrily as they chased each other above the rooftops.

Two streets away, on Jalan Taming Sari, the BN troopers gathered.

Among the sea of Malay faces was a small representation from the Indian Progressive Front (IPF), a small component party in the BN.

Their faces unsmiling, they hefted aloft banners portraying the de facto Perak menteri besar Datuk Zambry Abdul Kadir, made larger and held higher than the drooping banner showing the BN candidate Ismail Saffian.

They stayed silent mostly, a sharp contrast to the festivity on the other side.

The quiet was punctuated by sharp cries of “Daulat Tuanku!” and “Hidup Barisan!” by a small band of Malay men wearing dark blue bandanas patterned with the iconic BN scales in white around their heads and a gold sash over their shoulders with the words “Malay Youth Assembly” in Jawi.

Palm-sized button badges featuring Perak ruler Sultan Azlan Shah against a royal yellow background were pinned to one shoulder.

A spokesman who only wanted to be known as Nazri said they were there to defend the crown against “traitors”.

As if on cue, the men began to chant in Malay: “Rise up! Rise up! Fight the traitors!” spurring the listless crowd onwards.

By 9am, the two factions could hardly be contained within the confines of their allocated meeting places. The masses rushed forward, ignoring the policemen on duty at the sidelines.

The PR army swarmed up the slopes to occupy the entire length of hill overlooking the town council office as well as the square.

The BN contingent, meanwhile, had landed themselves in a tight spot. The police had unrolled a length of barbed wire that stretched all the way from the council’s walled fence and across the road all the way to the far side of a playing field in front of the nomination centre. The same cordon kept the PR supporters out of the field on the other side, some 50 metres away.

By 9am though, the ascending sun was beating down on the BN supporters and cast a glare right in their eyes while the PR enjoyed the cool shade between the leafy trees on the high ground.

The temperature rose a notch higher when top BN leaders, led by incoming deputy prime minister Tan Sri Muhyiddin Yassin, walked Ismail inside the town council compound.

The PR supporters, squeezed into a tiny plot of land behind the town council office, booed aggressively at the multiracial team where minutes before, they had cheered deafeningly for the equally multiracial team of leaders from the opposition front.

“Bribery! Bribery! Bribery!” they chanted, and failing to rattle the tight group of BN men, who included controversial new Youth chief Khairy Jamaluddin, switched to yelling out “Altantuya murderer!”

That too did not faze the Umno veterans who merely smiled and waved back at the angry crowd.

Sadly, the BN supporters failed to follow the example set by their leaders. DAP chairman Karpal Singh recounted how he was attacked by a band of unruly Umno supporters who rained filled mineral water bottles at his van while moving through the packed street after taking a wrong turning.

He urged incoming prime minister Datuk Seri Najib Razak to stop what he called “the culture of violence in Umno” to ensure a smooth and clean campaign in the hot parliamentary seat.

Yet the greatest threat to campaigning appears to come not from human hands but divine intervention.

In the afternoon, the sky opened and poured forth another deluge, further swelling the already swollen river and lakes. In some places, it flooded, causing traffic to slow and delay the many dinner talks and post-dinner talks planned for the night.

The torrential rains look likely to continue, hampering the campaign efforts for both sides. Not for nothing is Taiping known as the wettest spot in Malaysia. (TMI)

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Nizar still Perak MB - Ku Li : Malaysiakini

PETALING JAYA: Datuk Seri Mohammad Nizar Jamaluddin is still the Perak Mentri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the State Assembly, said Tengku Razaleigh Hamzah.

“Only the answer of the assembly counts, regardless how many sworn statements, defections, press conferences and declarations, or what forms of advertisement, display, inducement or force you bring to bear on the question,” he said in a statement yesterday.

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

He also said that a legitimate constitutional government draws all its authority from the consent of the people and only from that consent. The people consent because it is their government formed according to their constitution, whose leader is chosen through free and fair elections.

“To formally test the mandate of the current government, the question must either be put to the people through state elections, or to assemblymen through a formal vote in the Dewan,” said Tengku Razaleigh.

Article 16 of the Perak Constitution:

The Article states that if the Mentri Besar ceases to command the confidence of the majority of the members of the legislative assembly he shall tender the resignation of the executive council.

This is unless on the MB’s request, His Royal Highness dissolves the legislative assembly.

Article 33 (1) which says: If any question arises whether a member of the legislative assembly has become disqualified for membership, only the assembly could decide on the status of the assemblymen and not the Sultan of Perak.

He said to remove and install governments in any other way was to violate the Constitution, erode the rule of law and run the risk of forming an illegal government. (TheStar)

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