Saturday, 7 February 2009

Licking the Wounds ... of a Blessing in Disguise

What happened in Perak is good. I hope it will teach Pakatan Rakyat that it has to get its act together. ......
A mere car brought the Perak government down.
If this is what brought the Perak government down, then it deserves to fall. I can only say that this serves Pakatan Rakyat right. They had it coming. When personal interests and racial issues override everything else, you deserve to fall.
And there are many low quality
wakil rakyat still in Pakatan Rakyat .............Next time, get better candidates. Some of the Pakatan Rakyat wakil rakyat are so low standard I would not even trust them to baby-sit my dog.
- RPK
***********************************

So said RPK.
PR had lost their "bearings" when they got more than they could handle in it's infancy.
Well, I actually said the same (not verbatim lah) at while "Fishing", to PatLu, Segar & Viki- I actually said, "I wouldn't feel sorry for them if they lose the Perak Govt - they have forgotten what got them there!" (But I did feel sorry ...)
Still, it was heartbreaking to see the Nizar Govt fall in such a manner - I wouldn't have felt as such, should Pakatan have been ousted through a "No Confidence" motion. To make matters worse, we had to put up with the smug look of Mr. Mongolia at the press conference .....
"Gamuda" or not - this was realpolitik at play (and IMHO, plenty of "Mahathirism" stamped all over it!). Is it any wonder that Mahathir couldn't hide his glee, and as a "statesman", writing on CheDet,
"Lompat masuk (perangkap) boleh tapi lompat keluar tak sah!! He, he, he!".
(reminds me of how some guys write comments on MT, despite the availability of emoticons)
Yes - Anwar was outwitted in his naivity, and suckered in his own game, although with a little difference in style.

Taking the Stephen Kalong Ningkan case into consideration, we all know that Nizar is still the legitimate MB of Perak, the BN style is to use extra-constitutional methods to launch a coup - always has been, and always will be. Just letters don't cut it, when one claims majority - only the assembly decides. The Constitutional Head of state simply carries out the wishes of the people as expressed by the legislature. It would therefore do well for us to disregard the Pakistani academician cum "constitutional spin doctor" - Shad Faruqi, who claims that the Sultan can Hire & Fire at his pleasure like an autocrat.
Let's hope the case will give PR at least, a moral victory - but we all know that Karpal has a recording of a judge who confessed to being advocate of corruption.
So, we shall keep out fingers crossed.

There were many things that were unsatisfactory with the Pakatan electoral pact - but it was a pretty steep learning curve for them to negotiate. The attitudes of the DAP men in the past, isn't relevant as of now, (although RPK did bring it up).
RPK has also resorted to whacking PR now, in frustration - menyampah (or maybe just a bad flu). Whatever his reason may be, he, just as anybody else, is entitled to it.

I share many of the sentiments expressed by RPK - yes, I concurred with RPK on the dissolution idea, and posted something asking Nizar to dissolve the Assembly ASAP in DISSOLVE THE PERAK STATE ASSEMBLY, NIZAR!!!
(sometimes, I too like to be perasan lah -like as if anybody significant is gonna take me seriously!).

However, I'd look at the events that transpired in Perak in a positive light - it is a baptism of fire for Pakatan, and they better learn the taste of defeat fast - and I mean REAL fast. Or else, they will very soon bite the dust elsewhere as well.
It is a price you pay, when you take power for granted - with the presence of turncoats in your midst.
Actually, I'm surprised they lasted so long and it took this long for Najib to make his move ....

Recent events will make Pakatan realize that it isn't worth fighting among themselves, and that there are bigger things to fight over. Having tasted the sweetness of office/power and the bitterness of defeat, it will also make them fight harder & with more strategy in future.
Things may swing in their favour, if they can keep the desire for reform & negative sentiments towards BN burning in the hearts of the electorate.
In short - it may be a blessing in disguise!

While they take a step back to recoup their strategies, lets hope they do not lose sight of the other states in their grasp.
Meanwhile, just get better reps in future lah - in the last elections, many seat would've been won had they even decided to field donkeys!
And a last piece of (unsolicited) advice -
don't let your egos neglect the "Barisan Rakyat's" opinions!!

For what it's worth - all the best Pakatan!
Overall, you were "passable" in my book - The people are still with you.
And to Najib, the "man of the day" - your day of reckoning is yet to come.
Legitimacy doesn't seem to be a priority to you - You seek for glory within Umno, at the expense of the electorate.
Hardball is what you play, hardball is what you'll get from them
- Cheers to you, Najib!

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)

**************************************************
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.*

***********************

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

Friday, 6 February 2009

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)

**************************************************
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.*

***********************

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 .....
**************************************
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 ....
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Thursday, 5 February 2009

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 ......