In Contempt Of Democracy ....

MalaysianInsider says: -

Zambry sworn in after cops put down protest of thousands

By Adib Zalkapli, Lee Wei Lian and Neville Spykerman

KUALA KANGSAR, Feb 6 — Datuk Dr Zambry Abdul Kadir was sworn-in as the new Perak menteri besar by Sultan Azlan Shah today, soon after police fired tear gas and charged at more than 5,000 Pakatan Rakyat supporters outside Istana Iskandariah here.

There was little joy on the streets of this royal town after riot police broke up the large crowd of protesters marching towards the palace across the Perak River after Friday prayers to show their support for Datuk Seri Nizar Jamaluddin, the man whom they feel is still the legitimate menteri besar.

Riot police charged at the crowd and at one point a pitched battle was being fought between the two sides.

The police fired round after round of tear gas, injuring scores including a 10-year-old boy who fainted, as a convoy of vehicles carrying Barisan Nasional leaders, including Umno deputy president Datuk Seri Najib Razak, was trying to enter the palace grounds.

Many in the crowd have now dispersed all over the picturesque Bukit Chandan, where the palace and Ubudiah mosque are located in this royal town, after riot police continued charging at them for half an hour.

The situation remains tense outside the palace as several hundred protesters remain. Many others are still inside the mosque.
An unidentified state Pas representative has now joined police in asking the crowd to disperse.

**Meanwhile Netizens are having a go at websites linked to various groups - I wonder if all govt linked websites will be faced with dos attacks ....

Here's an act of Interpretation, Shad Faruqi ....

From MalaysiaKini: We are all Perakians now!

Josh Hong | Feb 6, 09 11:23am

In Malaysia, they first came for the Kelantanese, MCPX and I didn't speak up because I wasn't a Kelantanese. Then they came for the Sabahans, and I didn't speak up because I wasn't a Sabahan. Then they came for the Islamists, and I didn't speak up because I wasn't a Muslim. Then they came for the Hindus, and I didn't speak up because I was not a Hindu. Then they came for the Perakians, And I didn’t speak up because I was not an anak Perak. Then they came for me — and by that time no one was left to speak up. (adapted from Pastor Martin Niemöller’s anti-Nazi statement)

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It is under attack by those who feel that the ‘social contract’ must be renegotiated.
Frankly, it is also undermined by judges and civil servants who apply their own interpretations of the Constitution and allow their personal allegiances to colour the practical application of the laws that govern our country.”
- Shad Saleem Faruqi

(Bernama) -- The Sultan of Perak has the power to dismiss his Menteri Besar even though the latter refuses to tender his resignation after being decreed to do so, a constitutional law expert said.However, the power to do so is not within the provision of the Perak constitution but from the Interpretation Act which says the power to appoint also includes the power to remove, said Prof Dr Shad Saleem Faruqi.*

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Shad Faruqi, is just doing a "job" for his BN masters .... he's just a legal spin-doctor extraordinaire!

As much as I'd comply with His Majesty's decision, I cannot agree with it - and
Shad Faruqi's interpretation is as twisted as his interpretation when he said, that the Umno/BN "social contract" is in the Federal Constitution.

This is how I think it should be interpreted .....
What I say isn't meant in any way, to belittle the office of the rulers - just an interpetation of the law, from a "layman's" perspective.

We are a "Constitutional Monarchy", which is subject to the Federal Constitution, which is a "living document" - and do not live in a medieval Absolute Monarchy which practices autocracy.

The Law is Supreme - not Man!
Malaysia is a Democracy where it is the electorate that decides - the Rulers are supposed to reflect the desire of the electorate, and not vice versa. I'm sure that should be applicable where "Interpretation Act" is concerned .....
The interpretation clause cannot apply here, as the Legislature is the highest authority in deciding the MB, and not the ruler.
The Legislature decides on the candidate for appointment by His Majesty, and hence the Legislature should also decide where the "firing" is concerned!!
Should this not be the case, the YDPA then has the authority to fire the PM at his discretion as well, disregarding the parliament!

The Ruler's prerogative, I thought wasn't absolute - unlike in some nation in the middle-ages ... unless of course we've entered a time warp.
The interpretation has to take into account the Legislature, and is subject to the approval of the Legislature.

Whatever said and done, we know that the threat of an Emergency looms, should this crisis and stand-off continue - and I believe it is a very likely prospect.

What is happening today in Perak, heralds the scenario of things to come .....

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Related

The Notion & the "Social Contract".
The "social contract" - A Dead-end Roadmap to Piracy...
Discuss The Constitution - Stop the "Social Contract Rhetoric ...

Song of The Day- A Dedication to PERAK

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This Next one is for Zambri - the "new" Umno MB for Perak ....
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

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A SHAMELESS BN INSISTS ON AN UNCONSTITUTIONAL GOVT

“Keeping in mind that this is not a conventional situation of a no-confidence vote,
that this is a crossing over, and that two seats are in dispute,
the question whether the Sultan can direct the resignation of the MB or otherwise
does not arise because respectfully, he does not have the power to do so”

“A vote of no-confidence can only be taken by people who are legitimately entitled to vote, meaning people who are still assemblymen,” he clarified.

“As such, the legal basis of the Sultan’s directive may not be found,”

- Malik Imtiaz Sarwar

==============================

"A shameful scene is unfolding in Perak.

Let me follow up on what I said earlier about the status of the Chief Minister.The Constitution is the highest law of the land. It is the foundation and source of legal authority, and the Rulers are sworn to protect and uphold it.

Acording to the Constitution, Dato’ Seri Nizar Jamaluddin is Menteri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the assembly.

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

- Tengku Razaleigh Hamzah, Veteran
==================================
The Faces of
Constitutional Subversion
& Shamelessness

And The Leadership of Shame in Perak definitely looks like a good
representation of the Umno "Malay" Leadership .... .

(profile below is from StarOnline)

ADUN: Pangkor

Name: Zambry Abdul Kadir
Party: Umno
Age: 46
Marital status: Married
Number of children: Five children
Party position: Lumut Umno division chief

Education:

Degree in Economics from IIUM,
Masters of Philosophy from IIUM,
Masters in Philosophy & Comparative Religion and PhD in Political Thought & Economy from Temple University, Philadelphia. (I say, wow!! - that was a mouthful ...)

Profession:
CEO of various think tanks, board member of several companies and fulltime politician

Contact: 05-6913012 (Lumut Umno service centre),

05-6852117 (Pangkor Umno service centre)

No Dissolution of Perak Assembly! Nizar told to Quit! Impending Emergency??

This is so "cool" ....
we now have a mercenary
B ... Perak government!!

Long Live Soldiers of Fortune!!

Malaysia Boleh!!

PS:
We do not know what His Majesty's reasons are, but we shall abide (at least I would).
This is a challenge to the people's mandate, though .... as those who crossed over did it against the will of their electorate, and hence, have no moral justification to hold their seats.
No matter what His Majesty's reasons may be, it actually worsens the political climate in the country. It has been a divisive decision.
It has created plenty of "bad blood" between the people and the BN hierarchy which holds the Federal Government which disregards Democracy, by abusing the office of the Election Commission.

Anyway, I'm just waiting to see how they gonna handle it when push comes to shove".
The trend in the past was for Emergency to be declared in states where the "hard-up" want to "piratize" and "privatize" the Government into "fiefdoms".

Some enactments that have yet to be repealed, is a testimony to this ......

Allow a Mercenary Govt, despite its Apparent Strength?

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"God grant me the serenity
to accept the things I cannot change;
courage to change the things I can;
and wisdom to know the difference. "

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In his book "Constitutional Monarchy, Rule of Law and Good Governance" (2004),
the former Lord President wrote:
"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."
........................................................

On 8-3-2008, the rakyat decided unanimously that they did not want a BN Government in Perak. Although "legally speaking", they voted for individuals, they did not vote for individuals per se - because these individuals were practically unknown to them. They were voted in simply for one reason - they wanted BN out, and they wanted a Pakatan Rakyat Govt.

Moreover, these individuals stood on the platform of good governance (on a Party banner) that opposed the subversive tactics of certain other parties. These deserters hence, have lost all remnants of legitimacy they might have had when their allegiance to the ideals of Pakatan Rakyat was put to doubt, when they denied their association with their supposed nemeses.
These traitors have now turned their backs on His Majesty's Government, after taking an OATH of LOYALTY.

Now, "Somebody" (withe help of these traitors/mercenaries to His Majesty's Government) wants to install an illegitimate government which consists of political mercenaries, which may subject the people of Perak to "retribution" for rejecting them in the first place.
"Somebody" is attempting to show that he can be ruthless, shameless and that he dares to disregard public opinion and voter sentiment in search of legitimacy & power.

Najib is apparently in Audience with HM Sultan Azlan Shah, who was our Lord President prior to becoming the Sultan of Perak. Despite his claims that there was no money involved, we are all aware how hollow his credibility is, after the numerous "events" that were linked to him.

Tuanku,
My humble Apologies for not using court language - I plead that you make your decision taking into consideration the feelings and opinions of your subjects, as your legacy and the future of the nation will depend on your wisdom.

Let us Pray and Hope that God grants His Majesty the Wisdom and Courage,
to defend a nation in Distress, and the State/ People of Perak -
from "Soldiers of Fortune", Pirates and Political Prostitution.

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Related:

• MalaysianInsider: A hollow victory for BN

• The Star- Newsflash (12:30pm)
  
• IGP Tan Sri Musa Hassan warns of stern action against Pakatan Rakyat supporters who take part in illegal gatherings in Ipoh

• From MalaysiaKini:

• Sultan agrees to 'unity' gov't led by BN?

  Feb 5, 09 10:25am

• LIVE REPORTS Sultan Azlan Shah has indicated in his separate meetings with the three independents that he may approve of a 'unity' government headed by the BN.MORE

• 	Perak Umno meeting at noon
  	Pakatan goes to court

BN Grabs the Silver State's "Jewels"!!!

To all who read the earlier post, I apologize for it - but it was what Astro Awani reported.

Thanks to Najib and his Umno/BN buddies ...........

I was never one for this image above image of the flag, because I believed (once) that weren't "there" yet. Well, times change, people change, and as such, depending on circumstances, opinions change as well.

It was heartbreaking to see the smug look on Najib, who was blushing & beaming so shamelessly over this travesty of justice, while making his press statement. He either doesn't realize that it makes him hated even more than ever, or just doesn't give a rat's ass for the feelings of the electorate. I'd bet on the latter, rather than the former anyways.
He however, has yet to meet DYMM Sultan Azlan Shah (officially, at least). Hopefully His Highness is aware that the legacy and reputation he leaves behind hinges on this one decision he'll be making.

BN definitely has manged to subvert the politics of Perak, used the EC to overrule the Speaker of the State Assembly, and used "very convincing" methods to win over traitors to the cause. The face of the DAP rep probably speaks volumes ....

If the assembly is dissolved, the decision of which has been deferred, one can't help wondering if Perakians love having their "Jewels" fondled or held in a vice grip by "U-know-Who".
Let's hope that all these wouldn't lead to any trouble ......

Tomorrw, there will be a Program Munajat dan Perhimpunan Rakyat Menyokong MB Perak Dato Seri Nizar, at 7pm at the MB's residence. It is hoped that Perakians will give their full support at this event.

God Bless Malaysia - she's definitely in Distress!!