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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Nizar seeks to bury stay order

KUALA LUMPUR— Pakatan Rakyat's (PR) Datuk Seri Mohammad Nizar Jamaluddin is applying today to set aside yesterday's Court of Appeal order to stay his declaration as the rightful mentri besar of Perak.

A lawyer for Nizar told The Malaysian Insider the legal team will be filing the application at the same court in Putrajaya after lunch.

Court of Appeal judge Datuk Ramly Ali had yesterday granted Barisan Nasional's (BN) Datuk Seri Zambry Abd Kadir's request to suspend the declaration, effectively preventing Nizar from carrying out the duties of an MB until his appeal proper is heard.

Zambry had filed his appeal early yesterday morning.

Nizar had sued Zambry in the High Court for "usurping" the MB's post in February.

High Court judge Datuk Abdul Aziz Abdul Rahim decided in Nizar's favour last Monday.

Justice Abdul Aziz ruled that Nizar was the lawful MB, noting he had not resigned nor been officially removed by members of the Perak Legislative Assembly, which can only be carried out through a vote of no confidence tabled against him on the floor of the assembly. (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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BN's suicide attempt in Perak

Barisan Nasional has committed political suicide.

No political strategy can save it now; only a miracle can.

Regardless of what Prime Minister Datuk Seri Najib Razak’s consultants can come up with, nothing can paper over the empirical reality of how Barisan has casually run roughshod over everything important which we Malaysians value.

Whenever Malaysians talk about what we are most grateful for, being able to live in peace and harmony with one another tops the list.

Regardless of what we may disagree on, we appreciate the fact that we can resolve our differences through words instead of fists, and institutions instead of mob rule. We expect our government to facilitate these discussions and these institutions — not to stymie and crush them.

The reason Barisan suffered such heavy losses on March 8 is that it has betrayed this trust we put in our government.

What we love about Malaysia is that in spite of our differences, be they ethnic, religious or political, we have found ways to get along and live together.

We aren’t on the best of terms, but what matters is that we are progressing, not falling back.

And over the past decade or two, we have only seen continued regression at the hands of our Barisan government.

Malaysians look at scenes from wartorn countries in the Middle East and Africa and give thanks that we are not a tinpot democracy or beset by racial rioting.

But under Barisan’s leadership, we have seen the police arrest elected representatives and ordinary citizens for simply daring to disagree with the government.

We have seen the courts turned into slaves at the rule of convenience, instead of the rule of law. We have seen tens of thousands of average Malaysians, like you and me, tear gassed by the police we expect to defend us.

We have seen a government led by men more interested in fanning racial and religious tensions than interested in pursuing reasonable dialogue between different communities. Why should we vote for a government that cannot deliver the harmony and harmonious institutions we demand?

This past week was one of the worst imaginable for Malaysian democracy and the Malaysian nation.

The government locked up an academic for giving out fashion tips.

They arrested dozens of Malaysians for drinking teh tarik in the vicinity of the Perak state assembly. They arrested many more just for expressing their opinions. And perhaps most unforgivably, they violently intruded on the proceedings of the Perak state assembly, giving the lie to their claims of standing up for the defence of democracy and harmony.

Yes, Pakatan Rakyat was obstructing the now Barisan-controlled state assembly from going about its business.

I can accept that argument — I don’t think the case for Pakatan is as open-shut as some seem to believe it is.

But the whole fact of the matter is, the Sultan broke with centuries of parliamentary tradition in refusing to return the question of control of the state assembly back to the rakyat.

And more importantly, all the institutions we count on to give us justice, from the courts to the civil service to the police, violently intruded on the sanctity of the elected legislative assembly, and blatantly interfered in favour of and partiality to one side.

In the 17th century, England was ruled by King Charles I — a firm believer in the principle that might makes right, and that the executive reigns supreme. Parliament increasingly refused to go along with his oppressive taxes and repressive policies.

Infuriated, Charles led a band of armed men to Parliament to arrest his opponents, violently entering the House of Commons.

Finding that the MPs had fled, the King displaced Speaker William Lenthall from his chair, and demanded to know where they had gone.

Lenthall’s words, much like former Perak MB Nizar Jamaluddin’s “Patik mohon derhaka,” have gone down in history as a brave defence of the right of elected legislatures to deliberate in peace, without heed for the executive’s wishes: “May it please your Majesty, I have neither eyes to see nor tongue to speak in this place but as the House is pleased to direct me, whose servant I am here.”

The pictures of plainclothes policemen violently dragging Speaker A. Sivakumar from his chair out of the assembly will go down in our history, as surely as the image of Charles’s forced entrance into Parliament has gone down in British history.

Even if Barisan is technically and legally in the right, which it well may be, it has lost any right to claim that it stands for democracy and the preservation of harmony in our country. Barisan has perverted every institution and every value we hold dear so it can hold on to power.

When the executive oversteps its bounds, people remember. 17th century England was much less democratic than we are today, but not since that day in 1642 has any British monarch dared to cross the threshold into the House of Commons.

Till this day, the pomp and ceremony of the British Parliament focus on asserting the right of MPs to deliberate and discuss independently of the executive. The people of England knew what Charles had done, and they knew it was wrong.

The people of Malaysia know what Barisan has done, and we know it is wrong. No public relations campaign can change this. Releasing a handful of activists and political criminals to atone for violently murdering democracy is like trying to rebuild a house by giving its ruins a fresh coat of pain.

Yes, the bloody thing looks nicer, but nobody is going to live in it.

Yes, we’re glad we have men like P. Uthayakumar and Wong Chin Huat back—but like any individual, they pale in importance to the principles they stand for. We want our democracy and our harmony back.

And democracy and harmony are something Barisan clearly cannot give us. (TMI)

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Nizar seeks audience with Sultan Perak

IPOH: Reinstated Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin left from the state secretariat building here at 7:45am Tuesday for Istana Iskandariah in Kuala Kangsar for a royal investiture ceremony.

He is expected to seek royal consent from the Raja Muda of Perak, Raja Nazrin Shah, to dissolve the State Legislative Assembly to pave the way for fresh state elections.

His aide Amran Harun, delivered a formal letter informing the palace of Nizar’s wish for an audience with the Sultan of Perak, Sultan Azlan Shah, to seek his royal consent to dissolve the Assembly. The letter was delivered at 8:20am.

Pakatan Rakyat state executive councillors had started gathering at the so-called “democracy tree” where the March 3 “under the tree” Assembly sitting took place as early as 7:30am.

As soon as Nizar arrived, the group moved towards the state secretariat building where they were temporarily denied entry by police who said they were acting under the instructions of State Secretary Datuk Dr Abdul Rahman Hashim.

There was a heavy police presence at the building, with some of them in riot gear.

Nizar, who was declared the rightful mentri besar by the Kuala Lumpur High Court on Monday, had actually suspended Abdul Rahman, although the letter of suspension had not been served yet.

The Pakatan group was finally allowed in after a few minutes. Also accompanying them were Ipoh Barat Member of Parliament M. Kulasegaran and V. Sivakumar, who was ousted as Speaker in the May 7 State Assembly sitting whose validity is now under question.

Suspension letters were served to both Abdul Rahman and State Legal Adviser Datuk Ahmad Kamal Md Shahid at about 8:15am.

On Monday, High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim had granted a declaratory relief to Nizar that he is still and was mentri besar at all material times.

The court, which issued a declaratory relief that Datuk Seri Dr Zambry Abd Kadir had no right to occupy the office of Perak Mentri Besar, also ordered him to show cause and give information under what policy, power or authority he allegedly held office and exercised the responsibilities, functions and duties as mentri besar. (thestar)

Meanwhile, MIC politician R Ganesan has been reported as saying the Umno-BN would hold an emergency sitting of the state assembly to legally vote out Nizar.

As Ganesan is not an elected representative, perhaps it is understandable that he did not grasp the significance of Monday’s ruling, which invalidates the existence of the Zambry Kadir administration right from day one.

However, Nizar has said he will not automatically revoke all decisions entered into by Zambry ,but these will have to be subjected to review. The exception will be the controversial May 7 sitting, during Ganesan was illegally voted in as Umno-BN’s Speaker of the assembly.

“As far as we are concerned, they have no right to call for an assembly. How can they call for a sitting when they don’t have the legitimacy to do so?” he had said to reporters at a meeting conducted in the wee hours of this morning.

Should the Pakatan agree to a sitting, they would control the 59-seat assembly by 28 to Umno-BN’s 21 as 10 lawmakers, including Zambry, are still in suspension for between 12 to 18 months after breaching House rules.

Despite the advantage, Pakatan has promised to dissolve the assembly and call for the fresh election that Perak folk have clamoured for.

State secretary Abdul Rahman Hashim and state legal advisor Ahmad Kamal Shahid were also suspended by Nizar for gross unprofessional conduct. The pair - along with Jelapang assemblywoman Hee Yit Foong, Changkat Jering’s Mohd Osman Jailu and Behrang’s Jamaluddin Radzi - incurred national notoriety for their treacherous behaviour. (tmi)

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Advocating to wear black cause Wong's to be arrested for Sedition Acts

Despite the high crime rate and one of their own tied up and robbed in Johor recently, the Royal Malaysian Police decided to ratchet up crime prevention by turning fashion police yesterday.

They picked up Wong Chin Huat under the Sedition Act for advocating to wear black tomorrow. In their mind, this is a crime but in the people's mind, it makes a farce of the police force.

Of course, Wong's message had political undertones related to the Perak political impasse and the state assembly meeting approved by Sultan Azlan Shah to get a new speaker and, well, endorse the palace-appointed Datuk Seri Zambry Abdul Kadir as mentri besar.

Yet, instead of quelling a budding civil disobedience movement likened to those led by Mahatma Gandhi, Martin Luther King and even Umno’s “berkabung” movement to oppose the Malayan Union, the police have just fed the cause with Wong's arrest.

And, ironically, Wong's arrest last night has proved the electoral reform group Bersih's assertion that Datuk Seri Najib Razak's Barisan Nasional is clamping down on civil rights by getting the police to prevent any gathering in Ipoh tomorrow when the state assembly finally meets.

The police action, now under the aegis of Datuk Seri Hishammuddin Hussein as Home Minister, also shatters any semblance of hope in his cousin Najib's slogan of “1 Malaysia. People First. Performance Now”.

If anything, the high ideals espoused in that slogan have turned on the Barisan Nasional that is still reeling from its disastrous electoral performance in Election 2008 and the slew of by-elections since then.

No wonder Bersih and the Pakatan Rakyat have cleverly turned the slightly more than a month-old slogan into “1 BlackMalaysia. Democracy First. Elections Now” in regards to the Perak constitutional crisis.

They have urged, cajoled and organised their followers to head to Ipoh tomorrow in a sure face-off with the police who have already thrown a tight security cordon around the state assembly and banned any gatherings in usually sleepy Ipoh.

With his arrest, more people are expected to follow Wong's prophetic words, "Let everyone see a sea of black walking into an office, market, mosque, temple, church, college, park, bus... let us be united in one black colour to show the world that the 1 Malaysia under Najib Razak is 1 BlackMalaysia living in darkness”.

In more ways than one, the civil disobedience movement called 1 BlackMalaysia will have to thank the Royal Malaysian Police.

Their fashion sense has helped their cause, even if it has blackened Malaysia's name further. (TMI)

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Ngeh maintains Zambry and exco cannot attend May 7 assembly

KUALA LUMPUR,— A Pakatan Rakyat (PR) leader gave an indication today of how events on Thursday in the Perak state assembly will be played out, by maintaining Datuk Dr Zambry Abd Kadir and his six Barisan Nasional (BN) executive councillors did not have a right to attend the legislative sitting on that day.

State DAP chief Datuk Ngeh Koo Ham maintained today that the 18-month suspension meted out by the legislature’s rights and privileges committee still stood despite a recent federal court ruling overturning Speaker V Sivakumar’s suspension of the BN mentri besar and his six executive council members.

Ngeh argued in a statement issued today that the Federal Court’s declaration on April 16 that the speaker’s decision to suspend Zambry and six other BN lawmakers as null and void was a mistake as the speaker did not act alone in making the decision.

“The decision of the state rights and privileges committee was endorsed by the state assembly which was convened on March 3 2009,” said Ngeh, referring to the “under the tree assembly” called by Sivakumar where a motion in support of Datuk Seri Nizar Jamaluddin as mentri besar was passed.

Ngeh’s remarks suggest Sivakumar could, as the speaker, order Zambry and the six BN lawmakers out of the assembly. It is unclear so far how Zambry and his BN colleagues hope to take his seat if such an order is made.

Apart from Zambry the powerful committee also suspended newly appointed exeuctive councillors Zainol Fadzi Paharuddin, Datuk Ramly Zahari, Hamidah Osman, Saarani Mohamad, Mohd Zahir Khalid and Dr Mah Hang Soon.

“Therefore the decision by the state rights and privileges committee is still valid and the assembly speaker as the chairman and member of the committee and the Perak state assembly is legally bound to the decision made by the two bodies,” Ngeh added.

Ngeh also said that the Federal Court has no right to force the state rights and privileges committee and the state assembly to abide by its ruling, citing Article 72 of the Federal Constitution which says the decision in any state assembly cannot be questioned in any court.

He claimed that the Federal Court had also rejected Zambry’s application to declare the emergency session of the assembly held on March 3, as illegal.

“The Federal Court’s decision as interpreted by Pakatan Rakyat lawyers does not allow Datuk Zambry Bin Abd. Kadir and six assemblymen from attending the state assembly and the decision by the assembly on March 3 2009 is valid,” said Ngeh

Zambry had claimed that the emergency session was illegal as it was convened without the consent of the state ruler, and the mentri besar is expected to use the new session of the assembly which begins this Thursday to legitimise his leadership. (TMI)

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Survey: Most young Malaysians want meritocracy

KUALA LUMPUR– Datuk Seri Najib Tun Razak may not realise it yet, and Umno warlords may not understand the concept but an overwhelming number of young Malaysians, including Malays, want merit-based policies.

A comprehensive survey commissioned by a non-governmental organisation and carried out by international polling outfit shows that 92 per cent of Malay professionals aged between 21 and 41 support the liberalisation of the economy and prefer the country’s policies to be anchored on meritocracy.

Not surprisingly, 100 per cent of Indians and Malaysian Chinese in the same age group support liberalisation and merit-based policies. Some 1600 Malaysians in the peninsula and 800 Sabahans and Sarawakians were polled in the survey, which was completed on April 29.

The Malaysian Insider got sight of some of the survey findings. The poll was commissioned to gauge the sentiment of Malaysians on a range of political and economic issues.

Since becoming prime minister on April 3, Najib has hitched his survival and the political fortunes of Umno-Barisan Nasional to the 1 Malaysia concept.

He has announced the removal of the 30 per equity requirement for several sectors in the services industries and liberalised the financial services sector.

At the same time, Najib has also spoken about making equality among races a cornerstone of his administration.

Thirty days after taking office, the jury is still out on whether Najib will be able to walk the talk on his IMalaysia concept, especially with opposition from Umno warlords who have been uneasy with his proclamation that Umno should represent all Malaysians.

Still, he will be cheered by the fact that an overwhelming percentage of young, educated Malays support merit-based over race-based policies and liberalisation.

In the general elections in 2008 and in by-elections since then, BN component parties have finished second best in the fight for the vote of younger Malaysians.

The findings – that young Malays, Chinese and Indians are on the same page as far as meritocracy and liberalisation are concerned – could embolden Najib to ignore Umno warlords who would prefer that affirmative action programmes be strengthened.

Political analysts believe that Najib has little choice but to dismantle, piece by piece, the New Economic Policy put in place by his father, Tun Abdul Razak.

And the drive for this move is not only to regain the political support of non-Malays who have come to associate the excesses of the NEP with Umno, the ruling party for the past half a century. There is also an economic imperative to open up Malaysia.

Najib is likely to take his 1 Malaysia pitch directly to all communities in the next few weeks – perhaps an acknowledgement of the inability of BN component party leaders to connect with the communities they represent. (TMI)

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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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Dr Asri - People can critise Rulers

Mohamad Asri is an icon for progressive Muslim voices. — Picture by Jeremiah Mahadevan

By Shannon Teoh

LAMPETER (Wales), — Regardless of the state of the monarchy in Malaysia, a society that wants to move forward should shed medieval and feudal traditions, said former Perlis mufti Mohamad Asri Zainul Abidin.

"Citizens should have the right to criticise the Rulers. In Islam, there is no such thing as any person who is above criticism," he told The Malaysian Insider when asked about the issue of derhaka, or betrayal, that has become a point of contention amongst Muslims in the country.

The issue of derhaka came into prominence in February after Sultan Azlan Shah refused to dissolve the Perak assembly upon the request of the then Mentri Besar Datuk Seri Nizar Jamaluddin.

The Sultan of Perak later appointed Datuk Seri Zambry Abdul Kadir as mentri besar after installing Barisan Nasional as the state government. Certain quarters, especially BN, have tried to convince the public, especially the Malays, that criticising or disputing the decisions of the Rulers was tantamount to treason.

DAP chairman Karpal Singh, having stated that the Sultan could be sued along with the new BN state government, is now facing a sedition trial.

The maverick Islamic scholar, who has a strong following among young Muslims in Malaysia, said that the idea of being Malay and Muslim should be decoupled and addressed separately.

Speaking at his home in Lampeter, he disagreed with the conventional understanding that Malays have been Islamised but instead that they have "meMelayukan (to influence with Malay) Islam."

Asri, who was mufti for two years before quitting the position to move to Wales last December to research on Islam, was no stranger to controversial statements in his time as mufti. He became an icon for progressive Muslim voices for his stand against the propensity of religious authorities to conduct raids on Muslim couples engaged in khalwat, or close proximity, and has stated that non-Muslims had a right to use the word "Allah".

Asri said that Malays had to stop equating Islam with the Malays.

"If Malays want to defend their rights, go ahead based on Bumiputera rights or whatever. But you cannot say Islam does not defend you because you are Chinese or Indian. Islam was not given just to the Malays.

"Do not in your efforts to defend Malay rights relate it to Islam. Islam was not sent down by God to protect Malays but all of humanity," he explained, saying that such moves in the past had caused non-Malays to be fearful of the religion as it appeared to be intent on removing their culture.

During the interview, Asri expressed his consternation over ideas that have taken root in Malaysia under the guise of Islamic principles.

"Sometimes there are terms which we cannot understand. Daulat (sovereignty) for example. What is the meaning of daulat? Does this mean that if you criticise a Ruler, then you will be cursed by God? This is not in Islam," he said.

Courtesy of Malaysianinsider

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Nizar wants Perak Assembly to be postponed

PUTRAJAYA, — Datuk Seri Mohammad Nizar Jamaluddin wants the May 7 Perak State Legislative Assembly to be postponed, pending the outcome of his lawsuit at the Kuala Lumpur High Court.

Nizar noted his political rival faction, the Barisan Nasional (BN), may feel pressured to hold an assembly before May 13 because they consider it the deadline to prevent the State legislature from being automatically dissolved.

“For Pakatan Rakyat, we have already had a legal assembly below the tree on March 3, so for us Pakatan Rakyat, we can have one before September.

“But Barisan Nasional is quite worried because they feel pressured to have one before May 13,” he told reporters at the Palace of Justice here after the Federal Court unanimously ruled today to reject his political rival Datuk Seri Zambry Abdul Kadir’s bid to fast-track the resolution of their dispute on who is the lawful mentri besar of Perak.

The five-man bench decided the High Court had to clear up the various disputed issues raised by Nizar first before it could make a decision on the case.

“Today’s decision showed the May 7 assembly should be delayed,” Nizar pointed out.

“When we talk about today’s decision by the Federal Court, it shines a light at the end... that the final remedy should be the dissolution of the assembly,” he added.

The 52-year-old newly-elected MP for Bukit Gantang looked very tense before the court hearing this morning, smiling tightly and speaking in curt tones to reporters who approached him.

But he was all smiles when the court ruled in his favour. Leaping from his seat in the public gallery, he rushed to hug Sulaiman Abdullah, a senior lawyer and one-time Bar Council president who had argued his case in court.

Nizar is suing Zambry for usurping the office of the mentri besar, which he claims is unlawful as he has not quit the post officially.

He has consistently resisted efforts to drag in the Perak Sultan into a legal battle, despite attempts by certain political quarters to do so.

Asked if he regretted having to file his affidavit revealing the details of his meeting with the Sultan of Perak in early February, Nizar said he had been reluctant originally but indicated he had been forced to “respond because those facts are what I’m going to say.”

He noted “the public will know what transpired between myself and Tuanku so they will make the judgment.

“At the end of the day, we don’t want the court to decide for the people. The government of the day must be decided by the rakyat. The court is just a way for us to seek a solution,” Nizar said.

His lawyer Sulaiman highlighted that they wanted to avoid “a hasty solution” which may lead to more complicated problems later on.

“Our view has always been go through the proper route: Go through the High Court, go through the Court of Appeal and finally come to the Federal Court with all the issues settled,” said Sulaiman, who welcomed the Federal Court’s stand that the High Court should settle all disputes before letting the apex court make the ultimate decision.

“It is not an immediate issue of who runs Perak that matters. These are fundamental issues that will arise for the country for many, many years to come and unless we get it right at the beginning, we are going to face a lot of problems in future,” he said. (TMI)

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Zaid accept Rais challenge to debate anytime, anywhere

KUALA LUMPUR, - Former de facto Law Minister Datuk Zaid Ibrahim has picked up the gauntlet thrown down by Datuk Seri Rais Yatim today and says that he is ready to debate the new Minister of Information, Communication and Culture.

The maverick politician's only conditions are that Rais has to specify exactly what he wants to debate and that it has to be televised.

"Yes, I will debate Rais on any subject he wants, anytime and anywhere," Zaid told The Malaysian Insider.

"But RTM must show it otherwise it is a waste of time."

Bernama today reported that Rais challenged Zaid to a public debate over his allegations against Najib, as the former minister has been often quoted in the foreign media.

Rais also accused the foreign media of trying to topple prime minister Datuk Seri Najib Razak.

"However, we must study (the situation) and if I have the chance, I want to have a debate with those trying to implicate our leader with unbecoming and nonsensical words," Rais said.

The veteran minister has been reported as blaming the media for various troubles that plague Umno and the Barisan Nasional ever since he was appointed to his current portfolio earlier this month.

Zaid quit the government and Umno last year over disagreements on political reforms. He remains an independent politician but is expected to join an opposition party. (TMI)

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Najib defends scrapping of quota

KUALA LUMPUR— Prime Minister Datuk Seri Najib Razak yesterday defended the removal of the 30 per cent Malay equity quota in several sectors, and said that Malay businesses would not lose out despite any increased competition.

Market analysts and political leaders have welcomed the scrapping of the quota in sectors such as health, tourism and transport. The decision means investors in these sectors no longer need to find Malay partners to take up 30 per cent ownership in their businesses.

The move, effective immediately, is seen as inevitable, especially in the current weak global economic climate, but there are concerns among some Malay groups.

Najib yesterday sought to assure the Malay community that Bumiputera businesses would not suffer.

“I can see Bumiputeras have the ability to compete with the rest. I am not worried they will become 'extinct' or lose out in competition because of this decision.”

It is unclear if his comments will appease Bumiputera businesses, which already complain that their share of the pie is shrinking.

Mohd Fadzli Mustafa, the secretary-general of the Malay Chamber of Commerce, said it would be a big challenge for Malays.

“We are already seeing fewer opportunities because of the economic downturn. It's going to be an uphill battle for Malays,” he told The Straits Times.

He feels the government should have waited until the 30 per cent Malay equity target had been reached. The figure is estimated at between 12 per cent and 18 per cent currently, he said.

The Associated Chinese Chambers of Commerce and Industry of Malaysia welcomed the decision, saying it would increase confidence and attract more foreign direct investment to Malaysia.

Leaders of Barisan Nasional component parties Gerakan and the MCA also hailed the move, but urged the government to liberalise other sectors as well.

They also urged the government not to rescind the rollback later.

MCA secretary-general Wong Foon Meng said he hoped that “liberalising the 27 sectors will be sustained permanently and that quota requirements will not be re-invoked in future”.

He said nine other sectors — including property, utilities supply, public transport, telecommunications, banking and media — should also be opened up.

“When there is a level playing field, it will spur further local and foreign investment... Our anxiety about investors moving their investments to other countries will be considerably lessened,” he said.

Some analysts said questions remained over whether the government would also lift equity caps placed on firms that bid for government projects. Government and government-linked companies (GLCs) are allowed to procure goods and services only from firms that meet strict Bumiputera ownership requirements.

Opposition lawmaker Tony Pua said if the rule continued to apply to government tenders, foreign investors would have no incentive to set up shop in Malaysia.

“Why would they consider setting up operations here when they have no opportunity to offer their services to the government and the GLCs, which combined represent the single largest consumer of services in Malaysia?” he said.

Ooi Siw Wan, project manager of a local creative content development company, said that because of the Malay equity rule, her company can work only as a subcontractor for successful Malay bidders. This means it has to make do with smaller profit margins.

Denis Ong, who runs a budget hotel in Kuala Lumpur, said the liberalisation could create problems for small businesses. He told The Straits Times that since foreign investors have no problems raising funds, they would be able to operate large hotels at budget prices and compete aggressively with smaller players. — The Straits Times

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Nizar's pleadings with the Sultan

KUALA LUMPUR, - He pleaded, appealed and even cajoled Sultan Azlan Shah to dissolve the Perak state assembly, saying that with the resignation of the three Pakatan Rakyat lawmakers there was deadlock in the House between the coalition he led and Barisan Nasional.

Datuk Seri Nizar Jamaluddin said that at no time during his audience with the Sultan did he ask the monarch to dissolve the assembly and call for fresh elections because he had lost the confidence of the majority of the members of the state assembly.

Nizar cleared this important point in an affidavit which was filed in the High Court yesterday as part of the judicial review application challenging Datuk Seri Zambry Kadir appointment as the Mentri Besar of Perak.

The Perak state legal advisor in his affidavit said that when Nizar appeared before the Sultan on February 4, he asked the Malay Ruler to dissolve the house because he had lost the confidence of the House.

This point is important because it gives some legitimacy to the Sultan's actions in asking Nizar to quit as the Mentri Besar, an act which paved the way for Zambry to be made the chief executive of the state.

But Nizar in his affidavit noted that the state legal advisor was an interested party in the case, having represented and taken instructions from Zambry.

His description of the events on Feb 4 were wrong, said Nizar. Nizar recalled that on Feb 4 he informed the Sultan that three Pakatan Rakyat lawmakers had resigned.

They could not be contacted and seemed to have gone missing.

He then asked the Sultan to dissolve the assembly because it was appropriate to have fresh elections given the deadlock situation in the House with Pakatan Rakyat and BN having equal number of seats.

The Sultan said he would study the matter further and told Nizar that Allah is with those who are patient.

At no point during the audience, did the issue of Nizar losing the confidence of majority of the assembly crop up.

On Feb 5, the Sultan informed Nizar that he was rejecting the request to dissolve the assembly.

Hearing this, Nizar interjected and spoke for 15 minutes, urging the Ruler to allow the people of Perak to exercise their rights and elect their own government.

"When the assembly is dissolved, the rakyat will view the Sultan as someone who is fair and not partisan. They will in turn respect the institution for returning to them their rights to elect the government.
This is also consistent with the constitutional monarchy system and democratic principle here…

"In contrast, if the people were denied their rights, the people may lose respect for the institution and the Sultan…I pointed out that history showed that in countries such as Egypt and Iran the institution of the monarchy was diminished or completely wiped out when decisions not in the interest of people were made.''

To support his case, Nizar also read out a passage from the book "Constitutional Monrachy: Rule of Law and Good Governance .

It said: "Under normal circumstances, it is taken for granted that the Yang di-Pertuan Agong would not withhold his consent to a request for dissolution of Parliament. His role is purely formal.

The book was given to Nizar by Sultan Azlan Shah when he was installed as the MB last year.

As soon as Nizar finished his 15 minute plea, the Sultan looked up at him and declared that he would not dissolve the assembly and urged Nizar to resign.

Meanwhile, in a supporting affidavit, Perak Speaker V Sivakumar said that on Feb 6, he wrote to the Sultan to convene a state assembly sitting so that a vote of confidence could be held.

Till today, he has not received a reply from the palace, forcing him to take steps to protect the name and integrity of the assembly. (TMI)

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Fed Court ruled that state speaker has no power to suspend assemblymen

PUTRAJAYA, – The Federal Court has unanimously ruled it has the powers to decide on whether Perak Speaker V Sivakumar’s suspension of the mentri besar and his executive council from the legislature was valid.
Court of Appeals president Tan Sri Alauddin Mohd Shariff, one of the five-member panel, said the preliminary objection, based on a procedural technicality raised by the speaker’s counsel Sulaiman Abdullah, had been rejected.

The case has huge ramifications for the constitutional crisis which has engulfed Perak. The suspension of mentri besar Datuk Zambry Abd Kadir and his six executive councillors would give Pakatan Rakyat a majority in the state assembly and the Barisan Nasional (BN) government could potentially be ousted when the legislature sits again.

Today’s decision by the Federal Court will also be controversial because it appears to affect the legal principle of separation of powers and also constitutional provisions which suggests the legislature governs its own proceedings.

Sulaiman warned the court that this was a “significant step in Malaysian legal history in that the hitherto well-preserved distinction between the legislative and judiciary is being challenged.”

This formed the main body of Sulaiman’s submission today when hearing commenced, as he argued that the court cannot enter into the question of whether the speaker had erred in his decision.

“Similar to matters pertaining to the Syariah court, this court has no jurisdiction. It is up to the assembly to decide on its rights and privileges.”

He explained that the speaker’s actions were not exempt from review but “exempt from review by the courts.”

“It is open to review by a substantive motion in the house,” he said.

Chief Judge of Malaya Datuk Arifin Zakaria then proposed a situation where the speaker has suspended “30 members” of the assembly, implying an entire opposition bench, and there would be no one to move this motion. “So nothing can be done?”

Sulaiman drew a parallel with that of judges of an apex court, that their decisions, no matter how out of order, also could not be questioned.

“But during an election, then the speaker and his party will receive their come-uppance,” he said.

He also added that the mentri besar could also seek dissolution of the assembly if the speaker had acted completely out of order.

However, Arifin still demanded that Sulaiman “show me the power” by which the speaker could suspend members for contempt. Sulaiman cited Standing Orders 89 and 90 of the Perak assembly which he claimed gives the speaker the power to make final decisions on matters of the assembly, subject to a substantive motion being raised.

Intervening after Sulaiman’s submission, Attorney-General Tan Sri Gani Patail argued that, according to the constitution, the courts are made the ultimate interpreters of the constitution and, as such, have a function to perform in this case.

“This does not mean that the judiciary is supreme over the legislature but that the constitution is supreme over both,” he said.

He further argued that with specific regards to suspensions for contempt, other assemblies such as the Parliaments of Malaysia and Singapore had specific provisions for such actions whereas the Perak assembly did not.

He said that while Parliament had legislated laws which gave it powers to punish acts of contempt, the “legislative enactment for Perak provided certain powers but not punishment for contempt” and this should be interpreted as a intentional move to limit the powers of the assembly.

Gani also said that the charge of contempt could not stand as charging Zambry and his six executive councillors for accepting their appointments from the Sultan was in contempt of the ruler’s constitutional prerogatives.

“Accepting the appointments are not legislative privileges and therefore the suspensions are ultra vires and have no effect whatsoever,” Gani claimed.

He also said that the privileges committee, which is chaired by the speaker, had no powers to mete out punishment but is only an investigative body as stated in the assembly’s standing orders.

As such, it then tried to bring its recommendations to the assembly, said Gani, referring to the “tree assembly” on March 3, which was held under a raintree as the PR assemblymen were not allowed into the assembly hall by security forces.

Gani said that the assembly was invalid as the Sultan did not consent to the sitting. Sulaiman had earlier argued that no consent was necessary as the last sitting was postponed until a further date and a fresh proclamation was only needed from the Sultan to call a new session, which is made up of any number of meetings, after a sitting is discontinued, which signals the end of a session.

However, Gani claimed that a new summoning by the Sultan was required at the beginning of each meeting, which is any number of sittings that terminates if the assembly is adjourned for more than 14 days.

He provided evidence showing that even under PR’s one-year rule, the Sultan’s consent was still given for each of the three meetings.

Later, Perak DAP chief Datuk Ngeh Koo Ham, who was senior executive councillor in the PR government, told The Malaysian Insider that this was done at the advice of the assembly secretary, following the convention of Barisan Nasional but that constitutionally, the Sultan’s proclamation was only required at the start of a new session, and not each meeting.

The legal team for the executive council has decided to adopt the AG’s submissions and the apex court will hear Sulaiman’s reply on Thursday before making its final ruling on the matter. (TMI)

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Najib Cabinet Analysis

KUALA LUMPUR, – There were some hit and misses when Prime Minister Datuk Seri Najib Tun Razak named his line-up of ministers and deputy ministers today.

The PM and his deputy announcing the new cabinet.

Some were surprises but not all of them have unblemished records or pristine reputations. One of them was pilloried 10 years ago for being a crony of Anwar Ibrahim and for amassing several hundred million ringgit.

Another threatened to quit the Cabinet when former PM Abdullah Ahmad Badawi insisted that his ministers declare their assets and another was caught in a sexual harassment case.

Will they satisfy Dr Mahathir Mohamad's insistence that Najib appoint clean ministers? Possibly. Can all of them stand up to public scrutiny? No.

The Malaysian Insider gives its view on the Cabinet.

• Datuk Seri Najib Tun Razak, Prime Minister and Finance Minister - He was always going to be in charge of the finance portfolio, with the turning around of the slowing Malaysian economy and finding new growth engines being his main KPIs.

Also, even since Dr Mahathir Mohamad accused Anwar Ibrahim of empire building as finance minister, it appears that no prime minister wants to outsource this important portfolio.

Senior civil servants say that Najib is more decisive than Abdullah and is likely to crack the whip harder to get the powerful civil servants at MOF to implement projects at a faster pace.

• Tan Sri Muhyiddin Yassin, Deputy Prime Minister and Education Minister - Najib wants to chart an overhaul of the education system and he has put that task in his deputy's palms.

He served ably as Johor Mentri Besar but left under a cloud of allegations. Was even named as a defendant in a court case. Has been a competent minister and administrator.

• Datuk Ahmad Zahid Hamidi, Defence Minister - First came to national prominence in 1998 when Dr Mahathir exposed him as a crony of Anwar and newspapers carried reports about his wealth and mansion in Country Heights.

Was detained under the Internal Security Act, flirted with political oblivion before he was brought back to the mainstream by Abdullah as a deputy minister. Former political secretary to Najib.

His strong points are his oratory skills and strong network of support among Umno rank and file. Executed the takeover plan of the Perak state government by Barisan Nasional.

• Datuk Seri Hishammuddin Hussein, Home Affairs Minister - Has been making the headlines for all the wrong reasons.

Did not distinguish himself as Education Minister after five years in the important portfolio but made a name for himself as a chauvinist with his keris wielding act at Umno general assemblies.

Strong points: rhetoric and lineage. Hishammuddin has defended the use of the ISA and has supported tough action by police to break up public assemblies. Not surprising that he was put in charge of the powerful Home Affairs Ministry, which oversees the police and Immigration.

Najib trusts his cousin.

• Datuk Shafie Apdal, Minister of Rural Development - Najib's trusted lieutenant performed well as the Minister of Domestic Trade and Consumer Affairs but got lost among the cobwebs as the Minister of Heritage.

His strong showing in the Umno elections meant only one thing: a more senior position in the Cabinet.

Worked quietly behind the scenes to try and improve unity among different religious groups but also tried to push through distributive trade law which would have made it necessary for all retail business owners to give up 30 per cent equity to Bumiputeras.

• Tan Sri Nor Mohamed Yakcop, Minister in Prime Minister Department - Businessmen think he did a decent job as the Second Finance Minister but Umno officials felt that he was an obstacle between them and government largesse.

Some believe that he was instrumental in the transformation of government-linked companies while others say that he molly-coddled the likes of UEM and MRCB.

He replaces Tan Sri Amirsham A Aziz as the Economic Planning Unit Minister and is going to be involved in restructuring the economy, from manufacturing based to services-driven.

• Datuk Anifah Aman, Foreign Minister - Outspoken brother of Sabah Chief Minister, he refused a deputy minister's position after Election 2008, believing he deserved more.

He was identified as one of those Sabah politicians who was supposed to join Anwar Ibrahim's PKR but all along he was a Najib loyalist. Given the Foreign Ministry portfolio because of his command of English.

• Tan Sri Koh Tsu Koon, Minister in the Prime Minister's Department - Served Penang as the chief minister for nearly 18 years before he was booted out by voters who had grown weary of his indecisiveness and inability to bring development to the state.

He is a surprise inclusion given that even his party Gerakan is a light weight in the BN. Will be in charge of unity and key performance index for ministers.

• Datuk Husni Hanadzlah, Second Finance Minister - No surprise that the the Perak politician has been promoted to a full minister. He was earmarked as Minister of International Trade and Industry (MITI) after Election 2008 but his appointment was scuttled during the screening
process.

Umno officials wanted someone from the party to get this important position while Najib wanted someone competent who could get the projects moving and funds disbursed quickly.

• Datuk Seri Nazri Aziz, Minister in the Prime Minister's Department - Not a stellar performer in the Cabinet over the years but a good corner man to have especially in a dog fight with a vibrant Opposition in Parliament.

Has a flashy lifestyle and has been seen driving top of the range cars. Only was told that he was in charge of Parliament and the Law at the eleventh hour.

• Datuk Seri Ong Tee Keat, Transport Minister - retains the portfolio he held in the last administration.

Had to fend off controversy over the KLIA East project earlier this year but other wise had a trouble free time in the ministry. His main problems seem related to the party - how to patch up relations with his deputy, Datuk Chua Soi Lek, and ensure that the MCA regains the support and confidence of the Chinese community.

• Datuk Shahrizat Abdul Jalil, Women and Community Development Ministry - She made the ministry her own during Abdullah's first term in office but lost her cabinet position and seat as Lembah Pantai MP after being defeated by Nurul Izzah.

A minister who believes that there is no such thing as over exposure in the media. She defeated Rafidah Aziz for the Wanita Umno position and was always a favourite for a recall to the Cabinet.

• Datuk Ng Yen Yen, Tourism Minister - This is one lucky woman. She was made a full minister after Election 2008 by virtue that she survived and the up and coming Datuk Chew Mei Fun lost her Petaling Utara seat.

The MCA has one Cabinet position for a woman and she was it. Aligned with the wrong camp in MCA, she was expected to be dropped this time around and her name was not on the list until this morning.

Not bad for someone who has not lit up Malaysia or her party with her performance.

• Datuk Mustapa Mohamed, Minister of International Trade and Industry - Ever since he topped the supreme council polls, there has been a clamour from Umno politicians for him to be appointed as the Second Finance Minister.

In the last few years, he has served as the Economic Planning Minister, Minister for Higher Education and Minister of Agriculture. Got into a spot of trouble recently when fishmongers revolted against his ministry's policy of getting them to buying containers from one supplier.

Enjoys the image of a clean politician but even his supporters say that he is too cautious to the point that it impedes implementation. Will have to oversee the overhauling of the controversial Approved Permits policy.

• Datuk Ismail Sabri, Domestic Trade and Consumer Affairs Minister - Little-known politician from Pahang who was appointed Youth and Sports Minister by Abdullah after Election 2008. Has not done anything that has marked him out as special talent, a journeyman politician.

• Datuk Ahmad Shabery Cheek, Youth and Sports Minister - One of the few Umno politicians who actually understands the power of new media.

During his time as Information Minister, he courted bloggers and journalists from alternative media. A former protégé of Tengku Razaleigh Hamzah, he was expected to be dropped from the Cabinet because he was identified as an Abdullah loyalist.

• Datuk S Subramaniam, Human Resource Minister - The sole representative from the MIC in the Cabinet, he is respected by colleagues and civil servants as a hard worker.
He will need to bring his A game to the table with retrenchment numbers expected to reach record numbers this year.

• Datuk Shaziman Abu Mansor, Works Minister - Another one of the younger ministers brought into the Cabinet by Abdullah after the last general elections.

Was not expected to make a return as a minister but obviously he must have impressed Najib or somebody because he has been put in charge of an important ministry.

All Umno politicians crave to be in charge of Works because they can dish out contracts to 40,000 Class F contractors, many of whom are party members.

• Raja Nong Chik Raja Zainal Abidin , Federal Territories Minister - He is independent non-executive director of Pharmaniaga and is the president of the Bumiputera Manufacturers and Service Industry Association of Malaysia.

• Tan Sri Bernard Dompok, Plantation Industries and Commodities Minister - This is a promotion for the Sabah politician who has become a hero in state, especially with the Kadazandusun population for his willingness to call a spade a spade.

He antagonized several of his Muslim colleagues by his willingness to speak up for Christians in the Cabinet. Believes that the word Allah should be used by all.

• Datuk Maximus Ongkili, Minister of Science, Technology and Innovation - Not a stellar performer but Najib has little choice but to reward Parti Bersatu Sabah and reward BN Sabah for its solid performance in Election 2008 so Maximus gets another shot at this ministry.

• Datuk Rais Yatim, Information Minister - He has to thank Dr Mahathir for his inclusion in the Cabinet. The former prime minister lobbied for him and Najib yielded to his request.

Did not shine as the foreign minister in his last tour. A man who once wrote a thesis slamming the ISA when on the outside but seemed to repudiate his own view about detention without trial when he rejoined the Cabinet in the Mahathir years.

• Datuk Peter Chin, Energy, Green Technology and Water Minister - Steady performer and has been rewarded with an important portfolio.

As the senior representative from Sarawak, he had to be given a top ministry in recognition of BN Sarawak's outstanding performance in Election 2008. Groundwater and even Petronas could be put under his ministry.

• Datuk Khaled Nordin. Higher Education Minister - He keeps his portfolio despite coming out fourth in the contest for the Umno vice-president post. One of only three ministers from Johor.

In the last administration, there were six Umno politicians from Johor who were appointed ministers. A good quiet worker but not someone who is going to create the wow factor.

Looking at this line-up, the first thing that comes to mind is this: it's not very different from the one rolled out by Abdullah.

Yes, their portfolios may have changed but these are still the same men and women who have been in Putrajaya before. (TMI)

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Pakatan increase majority in slamming down Barisan 2 to 1

KUALA LUMPUR, — Wounded from losing Perak, Pakatan Rakyat fought back with greater ferocity to retain both Bukit Gantang and Bukit Selambau with bigger majorities, reinforcing a two-party concept and striking a blow to new Prime Minister Datuk Seri Najib Razak's “One Malaysia” idea.

Najib's ruling Barisan Nasional kept the Batang Air state seat in Sarawak with a bigger majority but the results laid bare the lie that its Election 2008 defeat was due to former Prime Minister Tun Abdullah Ahmad Badawi's weak leadership.

Ironically, Abdullah's trenchant critic and predecessor Tun Dr Mahathir Mohamad campaigned vigorously yesterday for Barisan Nasional in both Bukit Gantang and Bukit Selambau and endorsed Najib as a better leader for the country's future.

The people in Peninsular Malaysia decided otherwise, with Bukit Gantang giving PAS candidate Datuk Seri Mohammad Nizar Jamaluddin a higher majority of 2,789 votes in what was seen as a referendum of BN's putsch in Perak when it ousted the popular mentri besar.

Far from being a washed-up has been politician known for defying a state Ruler, the Pasir Panjang state assemblyman will now have a national stage to fight his cause apart from increasing the Pakatan Rakyat numbers to 82 in Parliament.

In the Kedah state seat of Bukit Selambau, the first scent of BN's loss came when candidate Datuk S. Ganesan told reporters he will not turn up at the counting centre in Sungai Petani. PKR's S. Manikumar retained the seat with an increased majority of 2,403 votes and won himself a state executive councillor post.

Their victories have brought to four by-election wins by the Pakatan Rakyat after earlier victories in Permatang Pauh last August that returned PKR de facto leader Datuk Seri Anwar Ibrahim to Parliament and in Kuala Terengganu which was won from Barisan Nasional.

Anwar was happy with the results, conceding they did not expect to win in Batang Ai which he had earlier declared was the beachfront to take Sarawak.

"Malaysians want to change irrespective of the new PM. They still want a change. They are stronger in their support for Pakatan Rakyat," he told reporters near Taiping.

He said he was satisfied with the results and glad about the Bukit Selambau win where Manikumar was one of 15 candidates, the largest field of candidates in Malaysia.

Asked if the Bukit Gantang results reflected the people's desire for fresh state elections, Anwar said: "Certainly there should be fresh elections."

Perak Umno secretary Datuk Ramly Zahari said: "We still maintained the Malay votes that we got in 2008."

He said the non-Malays voted for PAS because of the populist policies of the PR-led state government including awarding permanent land titles to new villagers.

"And probably our strategy was also not right. We couldn't focus much on the by-election because of the party elections and in Perak itself we have been busy with the political turmoil," he told The Malaysian Insider.

PPP president Datuk M. Kayveas said the results were more disappointing than his own defeat in Election 2008, adding he believed BN could win and this was not a referendum on Najib who is widely blamed for ousting Nizar.

"Don't prejudge him. He has not formed his Cabinet yet, give him time," Kayveas said in Taiping.

"Najib's takeover and changes are yet to be felt on the ground. It will take six or seven months for it to be felt," he said, adding some did not even know that ISA detainees had been released.

MCA president Datuk Seri Ong Tee Keat said the defeats reflected a desire for real change and it would take time for BN to regain the people’s trust and accept there is only one political master, the people.

"We have a long journey ahead and there is much to be done as well as undone before we can firmly say BN is well grounded with the people to know how to serve the people.

"We must seize the opportunity to change or be forever silenced," said the Transport Minister, adding the setback will spur BN to work harder while the win in Batang Ai is encouraging ahead of the Sarawak state election.

Gerakan president Tan Sri Koh Tsu Koon said the results were a reminder that BN has to effect reforms more concretely. "Admittedly, the results showed BN has yet to turn the tide in regaining support from the people, especially the non-Malay voters," he said in a statement.

The former Penang chief minister said BN should learn lessons from these by-elections and retune its strategy and approach, which he described as the great challenge for the next two years.

But he said BN has a good platform to perform, implement positive reforms and good policies benefiting the people as it remained the federal government and, in winning Batang Ai, retained the confidence of Sarawak's rural people.

Barisan Nasional's only consolation was in Sarawak where Batang Ai returning officer Nelson Mujah declared BN's Malcom Mussem Lamoh the winner at 7.40pm to thunderous applause.

He won with 3,907 votes against PKR's Jawah Gerang's 2,053 in the remote constituency of 8,006 voters where the voter turnout was 71 per cent (5,670 voters).

Election officials said the final turnout in Bukit Gantang was 75 per cent or 41,626 out of 55,562 voters while it was 70 per cent in Bukit Selambau or 24,687 voters from 35,140 voters.

Counting started at 3pm in Batang Ai while election officials said counting began at 5.30pm in Bukit Gantang and Bukit Selambau.

There were stand-offs between rival supporters in both Bukit Gantang, where riot police earlier fired tear gas, and Bukit Selambau where police had to stop them from throwing water-bottles at each other.

Riot police fired tear gas in Pengkalan Changkat Jering to disperse rival supporters in the Bukit Gantang parliamentary by-election but voters continued to stream in to cast their ballots.

Polling was more peaceful in Batang Ai and Bukit Selambau, although the Kedah state seat had tense moments when PAS supporters stopped several busloads of people suspected of being phantom voters. Police said they were just BN supporters.

Witnesses said the FRU were called into the SMK Pengkalan Aur polling centre in Air Kuning, Changkat Jering to diffuse tension between rival supporters who threw bottles and chairs at each other between 11am and 12.30pm.

Some of the elderly who came out to vote were affected by the tear gas which was apparently fired at the Barisan Nasional side. Apart from the FRU, police Light Strike Force personnel had to rush around the parliamentary constituency to keep both PAS and Barisan Nasional supporters apart.

A downpour at 1pm in Bukit Gantang did not last long, and the sun was back within the hour, bringing the voters streaming back.

Election officials said the final turnout in Bukit Gantang was 75 per cent or 41,626 voters while it was 70 per cent in Bukit Selambau (24,687 voters). In Batang Ai, Election Commission chairman Abdul Aziz Yusof said it was 71 per cent (5,670 voters).

Bernama reported that six out of the 25 polling stations in Batang Ai were closed by 11am due to the small number of voters.

Sarawak EC director Takun Sunggah said the polling stations were at SK Ulu Engkari, SK Nanga Delok, SK Nanga Aup, Sempang Kemas kindergarten, Salcra Batang Ai multi-purpose hall and the Nanga Patoh Agriculture Office.

It is learnt that at least three buses with suspected phantom voters were stopped in Lubok Antu. They are now being held at the police station.

The EC said in the three by-elections, senior citizens and women were the majority of voters in the morning, while more young voters were expected to cast their ballot papers in the afternoon and evening.

In Sungai Petani, Kedah EC director Zainal Abidin Zakaria said the voting process for the Bukit Selambau seat went on smoothly and the fine weather was the reason many came out to vote in the morning at the 22 polling centres.

Kedah police chief Datuk Syed Ismail Syed Azizan said police were patrolling the roads and monitoring all the voting areas besides carrying out air surveillance.

“So far, so good. No untoward incident has happened except for some shouting and jeering by party supporters in the hot spots,” he said.

He also said a busload of BN supporters was mistaken for phantom voters by their political rivals.

Later, police said two men, one aged 37 and the other 54, were detained at Kampung Bukit Lembu this morning for stopping the bus, which was carrying BN election workers to their assigned stations across the constituency.

Police said the two men, driving a Toyota MPV, cut across the path of the bus and forced it to stop before boarding it and preventing the driver from proceeding with his journey.

Manikumar arrived at his SMK Taman Ria Jaya voting centre and told reporters he was hoping for a bigger majority. He is one of 15 candidates running for the state seat, making it the largest field of candidates in electoral history.

His BN opponent, Datuk S. Ganesan, was seen casting his vote at SJKT Ladang Perbadanan Kedah.

Independent candidate M. Vinsen has complained of discrepancies in the ballot papers at the Institut Kemahiran Mara polling centre.

He said that his name was placed next to someone else's logo in the ballot paper. He also said that his name was misspelt in the ballot counting box which would be used for the counting process later.

Vinsen said he has lodged a police report and intends to take action against the EC. But the commission said it was a mistake that has been rectified.

Earlier, some supporters prayed for Nizar's success at the Bukit Gantang parliamentary by-election, where a victory will be seen as vindication for his short tenure as Perak mentri besar before he was ousted in February.

He was mobbed by supporters outside the Sekolah Kebangsaan Changkat Jering but booed by BN supporters who greeted him with shouts of “Traitor” for having defied the Perak Ruler by refusing to quit as mentri besar.

The Bukit Gantang constituency has traditionally been pro-Umno but they voted for PAS in 2008 due to dissatisfaction with outside Umno candidate, party treasurer Datuk Azim Zabidi.

The BN candidate is local boy Ismail Saffian, who is confident of faring better and regaining the seat.

Ismail arrived at the SRK Bukit Gantang about 8.45am to cast his vote and told reporters later that he expected victory with a 3,000-vote majority. Apart from Nizar, the other candidate is independent candidate Kamarul Ramizu Idris.

BN supporters were quieter and seemed content to wave BN and Umno flags. All shows of support have been peaceful thus far.

However, seven police Light Strike Force personnel complete with helmets, shields and armed with batons had to form a barrier between vocal PAS and BN supporters outside one voting centre.

Taiping OCPD Asst Commissioner Raja Musa told reporters Light Strike Force personnel have been placed outside all voting centres to monitor and prevent rising tensions. The normally sleepy constituency and its main town of Taiping was heavy with traffic and there was congestion in some areas.

Supporters from both sides are providing transport for voters to the polling centres which closed at 5pm.

The by-elections in Bukit Gantang and Batang Ai were held following the death of the incumbents, Roslan Shaharum (PAS) and Datuk Dublin Unting Inkot (BN) respectively, while in Bukit Selambau it was due to the resignation of its assemblyman V. Arumugam (PKR).

Courtesy of The Malaysianinsider

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Invitations to next PM's swearing in out eventhough the current PM havent resign

KUALA LUMPUR, - The Yang DiPertuan Agong Sultan Mizan Zainal Abidin is to award Datuk Seri Abdullah Ahmad Badawi with the Tun title after he submits his resignation as prime minister on Thursday.

It is also understood that the Abdullah’s wife Datin Seri Jeanne Abdullah will also receive a similar title.

The prime minister’s predecessor Tun Dr Mahathir Mohamad and his wife Tun Siti Hasmah Ali also received similar titles when Dr Mahathir retired in 2003.

The Tun title is the most senior federal award and is divided into the Seri Maharaja Mangku Negara (SMN) or Seri Setia Mahkota (SSM), Malaysia’s fourth and fifth highest awards respectively. There can be only 25 living people with the SMN and 35 with the SSM at any one time. (The nation’s highest award is the Seri Pahlawan Gagah Perkasa (SP) which was started in 1960.)

Abdullah announced last Saturday that he would submit his resignation letter on April 2 after his Umno party confirmed Datuk Seri Najib Abdul Razak as party president.

The prime minister said he would step down and make way for his deputy in a power transfer following the ruling Barisan Nasional’s disastrous results in Election 2008.

While the King has yet to formally accept Abdullah’s resignation, invitations have been sent out to all federal ministers, deputy ministers, state menteris besars and chief ministers to attend the swearing-in ceremony.

Najib has not said anything about his confirmation as the country’s sixth prime minister, saying he was awaiting the official announcement.

His selection also confirms the prophecy that the first initials of Malaysia’s first six premiers will form first prime minister Tunku Abdul Rahman’s name.

DAP strongman Lim Kit Siang today said the early invitations to Najib’s swearing in, which was confirmed by Datuk Seri Nazri Aziz, raised the question whether the King’s royal prerogative to appoint the next prime minister has been overlooked or disregarded.

“What happens if the Yang di Pertuan Agong does not consent to Abdullah’s desire to resign or needs time to discharge his royal prerogative?” the Ipoh Timur MP asked in a statement today.

“In the circumstances, isn’t it presumptuous as well as contempt for the royal prerogative of the Yang di Pertuan Agong to appoint the prime minister as provided by the constitution to proceed with the swearing-in ceremony for Najib to become the new prime minister when the Yang di Pertuan Agong has not met Abdullah and given his consent for Abdullah’s resignation?”

Lim said both Abdullah and Najib should explain these extraordinary developments. (TMI)

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Proton to built electric car

MARCH 31 - Proton Holdings and Detroit Electric Holdings (DE) plan to introduce a collaborative electric vehicle to the market by the first quarter of next year, targeting sales of 40,000 units in the first year.

DE inked a strategic licensing and contract assembly agreement with Proton yesterday, under which the Malaysian national car maker licensed DE the use of two of its vehicle platforms - the Persona and Gen 2 - for production of the electric cars which would be assembled at its plant in
Tanjung Malim.

The electric vehicles would be sold in the United States and Europe as DE cars for between US$23,000 (RM82,800) and US$33,000.

Proton is likely to be given the rights to sell the vehicles under its brand name in the Asean and Organisation of Islamic Conference markets.

DE chairman and chief executive Albert Lam observed the "dawn of green technology" was at hand with growing numbers of people embracing high tech clean technologies.

"People often say the way to predict the future is to invent it yourself," the Hong Kong-born Mr Lam said at the event which Malaysian Prime Minister Abdullah Ahmad Badawi attended as guest of honour.

Mr Abdullah, who is stepping down as premier next month, had previously expressed his wish for Proton to take up the challenge of producing an electric vehicle, and he would have been gratified by the strategic tie-up.

By the collaboration, Proton engineers would get access to high-end technology, and its plant - currently running on one shift - would be better utilised, acknowledged Proton chief executive Syed Zainal Abidin.

Struggling to compete globally and locally where its market share has been reduced to 26 per cent from over 60 per cent in its hey-days, analysts believe Proton's future continues to be shaky despite the government's best attempts to assist it.

That does not appear to faze DE or Mr Lam who prior to founding DE, was the chief of Lotus Engineering Group - a unit of Proton - and hence familiar with its chequered history.

In a media FAQ, DE described Proton as progressive with very high standards, and one of Malaysia's largest investors having spent US$1.2 billion between 1993 and 2003.

Proton has a state-of- the-art plant where 60 per cent of its production
is automated.

Key to DE"s electric cars is its Magnetic Flux Motor Technology, which allows a 180 km range on a single charge for the city model and 320 km for the extended range model. Depending on the battery capacity, a fast charge could take less than half an hour.

DE plans to adapt Proton's platforms and interiors, but redesign distinctive exterior elements such as lighting, in addition to installing its patented electric drive system so that the vehicle would be homologated for different markets.

"Our target audience are those who purchase practical and affordable vehicles," Mr Lam said, and promised the electric car would give a performance "as good as any gasoline vehicle but with zero emissions." - Business Times Singapore

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