Monthly Archives: February 2009

916M: “Eh, Pandikar Amin, would you like to do a Sivakumar?”

Dear Pandikar Amin

It tickled us when you suggested the other day that Sivakumar ought to be impartial when the latter suspended Zambry & Co. Ah, since when Malaysian Speakers have been impartial? Well, in your case, when were you totally  impartial? Issues of national importance raised before you were often brushed aside on grounds of non-urgency.

Ah, now that we know the Speakers are so powerful, would you like to do a Sivakumar? Do you really have the guts to do a Sivakumar?

If you really have conscience, you can very well see that the Umno boys are really wrecking the country. So, what you can do, when the opportunity presents itself, is to suspend 30+ BN MPs, …

Anyway, just a suggestion.

916 Movement

PAS Legal Adviser Mohamad Hanipa Maidin: When Umno forgot to ‘kidnap’ the speaker

Posted by admin
Saturday, 28 February 2009 13:27

What is interesting about this Perak fiasco is that despite the collapse of the PR government the office of Pakatan’s speaker remains intact. And the most fascinating fact is that even the Sultan has no power to remove the speaker.

By Mohamed Hanipa Maidin, The Malaysian Insider

One tends to make a mistake when doing something in a hurry. That was what happened to Umno. The unholy haste to topple the PR government in Perak has now landed the party in uncharted waters. The side effect is a constitutional impasse.

It all started when Umno forgot about the speaker. Greedy with power, Umno overlooked the importance of the speaker. Their focus was mainly directed to the three former Pakatan state assemblymen. What they failed to realise is that without the speaker on their side they would be facing the greatest obstacle to convene the assembly.

In a non-military coup, the role of speaker is extremely significant. Failure to take into account the role of the speaker is seriously fatal. Now Umno has felt the pinch due to its own ignorance on the role of the speaker.

Umno might have thought that the speaker had nothing to do with the process of ousting Datuk Seri Mohammad Nizar Jamaluddin, thus toppling the legitimate PR government. Thus they concentrated their effort elsewhere. They mainly focused on how to convince the Sultan of Perak to force Nizar’s resignation.

What Umno failed to realise is that the speaker is not akin to Umno’s permanent chairman (pengerusi tetap). If Umno holds that view the party definitely has committed a very serious and grave error. Any government which follows a Westminster model should know very well how important the role of a speaker is particularly when there is an attempt to overthrow a government via a vote of no confidence. In a political coup like what happened in Perak the speaker is a kingpin.

When the speaker started to exert his power and flex his muscles i.e by suspending Barisan Nasional’s Datuk Zambry Abdul Kadir and his six exco members, Umno began to concede its foolhardiness. Zambry had to turn to Prime Minister Datuk Seri Abdullah Ahmad Badawi for assistance. The latter however prescribed a wrong medicine by advising Zambry to lodge a police report. One wonders what business the police have when the matter involves the speaker’s prerogative and constitutional interpretation. Never in history has the police been brought in to investigate the speaker’s power. The constitutional turmoil is beyond the purview of the police domain.

Zambry, I believe, knew very well it was a sheer stupidity to bring the police in. However he and other Umno members have grown up with an embedded culture of blind loyalty to their leaders. It was immaterial, as far as Zambry is concerned, whether Pak Lah gave correct or wrong advice with regard to lodging a police report. Umno’s motto: whenever the higher up says we have to follow blindly. Thus the emergence of 19 reports against V. Sivakumar, the speaker.

If Abdullah had taken pains to get proper legal advice, he surely would have known about the existence of the following laws dealing with the immunity of the speaker, namely the Legislative Assembly (Privileges) Enactment 1959 and Article 72 of the Federal Constitution respectively. These two laws protect the speaker from any civil suit and criminal prosecution whenever he discharges his official duty.

It is submitted that the issue whether the decision of the speaker was legally correct or not does not arise in this matter. The laws,enacted by the BN government, conferred him immunity. The speaker’s decision, unless set aside or quashed by a court of law, was legally valid and binding on Zambry and his six exco members. Non-compliance with the decision of the legitimate speaker is at Zambry’s own peril.

It is axiomatic that almost all countries in the world including Third World countries confer immunity to the speakers of Parliament or the state assembly. There are a plethora of decided cases which show that the speaker’s powers cannot be challenged in any court of law. As far as the court is concerned, the power of the speaker is non-justiciable. It is better to share the following authority with Umno.

In James Eki Mopio vs Speaker of Parliament [1977] PNGLR 420, the case concerned the appointment of Michael Somare as the Prime Minister of Papua New Guinea following the general election. James Eki Mopio, the plaintiff, who was a member of the National Parliament, contended that the requirements of s142(4) of the Constitution were not complied with, and on that ground sought a declaration that the appointment of the prime minister was null and void and that a new election of prime minister should have been ordered..

Section 142(4) of the Constitution provides as follows: “(4) If the Parliament is not in session when a Prime Minister is to be appointed, the Speaker shall immediately call a meeting of the Parliament, and the question of the appointment shall be the first matter for consideration, after any formal business and any nomination of a Governor-General or appointment of a Speaker, on the next sitting day.”

Mopio contended that that section went further than to prescribe the order of business for the next sitting day after the meeting of Parliament had been called, and required that the election of the prime minister was to be conducted on the day following the appointment of the speaker. Mopio also submitted that the section was mandatory and not merely directory so that non-compliance would have the effect in law of invalidating the appointment.

After Mopio outlined his case , a preliminary objection was taken by Pokwari Kale on behalf of the speaker that what Mopio was seeking to do was to litigate before the court the question whether a procedure prescribed for the Parliament had been complied with, and that such a question, there being no special provision in a constitutional law to the contrary, was non-justiciable — Constitution, s. 134. So far as Mopio’s reliance on a breach of the Standing Orders was concerned, Kale submitted that as such orders concerned the order and conduct of Parliament’s business and proceedings that matter also was non-justiciable. (Constitution, ss. 133, 134)

The Supreme Court, in dismissing the suit filed by Mopio, held that the matters concerned with the conduct of the business of Parliament and its procedure. Accordingly as the issues before the court involved the question whether that procedure had been complied with, and also the exercise of the freedom of proceedings of Parliament and the functions and duties of the speaker, the court had no jurisdiction to entertain the case .

Zambry now realises that lodging a police report was not a wise move. Such a move made him a laughing stock. He has to switch to another viable option. Thus came the idea of consulting the QC. Money is not a problem to him. For Pakatan leaders engaging a QC is a reflection of a colonial mentality plus a waste of money. However since when Umno really cares about spending a huge sum of money for its political survival?

What is interesting about this Perak fiasco is that despite the collapse of the PR government the office of Pakatan’s speaker remains intact. And the most fascinating fact is that even the Sultan has no power to remove the speaker. He was appointed by the state assembly, thus the removal must also come from the latter unless he resigns or no longer holds office as an assemblyman.

Since the speaker has not lost his office it follows that he still possesses very vast powers in so far as the business of state assembly is concerned. He has inter alia very wide powers to suspend any state assemblymen as he did to Zambry and the six BN exco members. As far as the “three stooges” (don’t tell me you don’t know who they are) are concerned they are no longer assemblymen. The speaker has already made a ruling that their resignations were valid and constitutional under Article 35 of Perak’s Constitution. Even if they consider themselves assemblymen they only represent the Elections Commission and not the rakyat of their respective constituency.

Umno may be proud that the Sultan has backed it in ousting the Pakatan government of Perak. But what transpires now seems to suggest that the life of the BN government is hinging now on the speaker of the PR government which it unjustifiably ousted via undemocratic means.

Mohamed Hanipa Maidin is the Pas legal adviser. He is also a lawyer.

http://mt.m2day.org/2008/content/view/18648/84/


Advertisements

916M: Making Sense: Welcome to the New World of Malaysian Political Thugs

You know what? It is really true that these thugs did not touch anyone. Just take a look at the third picture below, the guy in purple did not touch the other guy, his palms were just 1mm above this other guys’ chest, he was just checking the heartbeat of this other guy.

Welcome to the New World of Malaysian Political Thugs.

“If  you call us celaka, we will demand an apology (but it is OK for us to call you a pendatang).”

“If you question our rights, we will mobilise street protests (and it is NOT OK if you take to the streets for we do not condone mob culture).”

“If you dare touch the Royalty, we will defend them till the last drop of our blood (well, nevermind about the fact that we had removed the royal immunity many years back).”

This is the Malaysian Democracy.

Well, this is for now the current lop-sided Malaysian Democracy.

But, not for long.

This will have to change, the time will come; let us be patient.

True Democracy is where people agree to disagree; but whilst frank, people must be sincere and diplomatic. So, yes, if you say something we do not like, let us talk it over. If we do not agree with what you say, and if you do not agree with what we say, then let us see if we can accept each other. Let us see if we can meet halfway. Let us give and take.

Let us build for the future of our next generations.

916 Movement

MalaysiaKini: Pemuda Umno: MP Pakatan punca kecoh
Muda Mohd Noor | Feb 27, 09 6:01pm

Seorang ketua Pemuda Umno bahagian mendakwa kekecohan di bangunan Parlimen berpunca daripada tindakan dua ahli parlimen Pakatan Rakyat yang menerpa rombongan ketua-ketua Pemuda Umno ketika mereka sedang berbincang dengan pengerusi DAP Karpal Singh.

Lat Shahrizat Abdullah, yang turut berada di tempat kejadian mendakwa, dua ahli parlimen pembangkang tersebut telah menimbulkan provokasi sehingga menimbulkan keadaan tegang.

violent attack towards dap karpal singh and lim lip eng at parliament 260209 sequenceKetua Pemuda Petaling Jaya Utara (PJU) mendakwa lagi, tindakan provokasi mereka itu, hampir mencetuskan kejadian tidak diingini.

Wakil-wakil rakyat yang dimaksudkan olehnya itu dipercayai N Gobalakrishan (PKR-Padang Serai) dan Lim Lip Eng (DAP-Segambut).

“Mereka berdua menerpa kita, kita terpa mereka tetapi tidak sempat bertumbuk kerana dileraikan.

“(Tetapi) mereka yang mengasari kita, bukan kita yang mengasari mereka,” katanya ketika dihubungi Malaysiakini hari ini.

Menceritakan kejadian tersebut, Lat berkata, 12 ketua Pemuda Umno bahagian dari Selangor bersama 10 penyokong pergi ke bangunan Parlimen kerana ada temujanji makan tengahari dengan seorang timbalan menteri.

Bagaimanapun, ketika berjalan pulang, mereka terserempak dengan Karpal yang sedang masuk ke dalam dewan dari bangunan pentadbiran Parlimen.

Cabar ulang di luar Parlimen

“Kami menghampirinya dan bertanya ‘mengapa anda kata Pemuda Umno celaka. Kamu jangan berselindung di sebalik kekebalan bangunan Parlimen.”

“Karpal menjawab ‘saya malas nak layan kamu, saya nak masuk dewan Parlimen’,” kata Lat lagi.

Sementara Ketua Pemuda Umno bahagian Serdang, Ungku Salleh Ungku Jamal yang turut hadir semalam berkata, rombongan Pemuda itu mencabar Karpal mengulangi perkataan “Pemuda Umno celaka” di luar dewan Parlimen.

Bagaimanapun, pemimpin kanan DAP itu enggan berbuat demikian, katanya ketika dihubungi hari ini.

Ditanya mengenai punca kekecohan itu, Ungku Salleh mendakwa, ia berlaku kerana tindakan Lim yang bertindak keterlaluan.

“Kita tidak ada masalah dengan Karpal, cuma Lim yang menyebabkan ia menjadi kecoh,” katanya.

Ungku Salleh juga menjelaskan pihak polis belum mengambil sebarang keterangan daripada beliau berhubung kejadian tersebut.

http://malaysiakini.com/news/99255

MalaysiaKini: Pemuda enggan minta maaf isu Karpal
Jimadie Shah Othman | Feb 27, 09 6:44pm
Pemuda Umno tidak akan meminta maaf ekoran tindakan sekumpulan anggota pergerakan itu yang didakwa mengepung pengerusi DAP, Karpal Singh di Parlimen semalam.

hishamuddin husseinKetuanya, Datuk Hishammuddin Hussein berkata demikian ketika diminta mengulas kenyataan pemimpin DAP, Lim Kit Siang yang menuntut pergerakan itu memohon maaf.

“Tidak timbul isu minta maaf. Provokasi ini bukan kali pertama, dengan menuduhkan kita celaka, tuduh kita terlibat (menghantar) peluru (kepada Karpal) dan isu-isu membabit Raja-raja Melayu dan kedaulatannya.

“Kalau diheret ke mahkamah pun saya sanggup lakukan untuk memperjelaskan apa yang berlaku,” katanya selepas menghadiri persidangan antarabangsa pemuda mengenai keganasan di ibunegara hari ini.

Raja Muda Perak, Raja Nazrin Shah menyampaikan titah diraja sempena persidangan tersebut petang ini.

Ditanya mengenai kejadian semalam, Hishammuddin yang juga menteri pelajaran berkata: “Saya tidak arah dan tidak tahu (kejadian semalam)… jadi tidak timbul isu minta maaf.”

Sebaliknya ditanya sama ada pihaknya akan menuntut Karpal minta maaf kerana memanggil Pemuda Umno ‘celaka’, Hisham berkata: “Kalau minta pun, kita tahu dia tidak akan lakukan.”

Ditanya sama ada kekecohan di Parlimen semalam akan menjejaskan imej Umno berkata, ia hanya membabitkan segelintir sahaja anggota Pemuda Umno.

“…tak sampai 15 hingga 20 orang, takkanlah tindakan segelintir itu akan menjejaskan imej kesemua Pemuda Umno dan Pemuda BN.”

Hishammuddin juga mendakwa tindakan Karpal memanggil ‘celaka’ kepada Pemuda Umno sebagai satu provokasi.

http://malaysiakini.com/news/99259

916M: Perak: Capitalise on Your Stronger Position

Well done, Sivakumar, Nizar and Co!

The silly Umno Youth boys have given you a good reason to beef up the security within the State Assembly grounds.

But do make sure all the 28 Pakatan Assemblymen are fully protected, before, during and after the Emergency Sitting.

Indeed, Pakatan is now in a much stronger position by virtue of:

  • the Speaker being a Pakatan Assemblyman, and therefore Pakatan being in a controlling position of the State Assembly which Assembly as a whole, with Pakatan’s 27 against BN’s 21, precedes the Menteri Besar and the Executive Council
  • its controlling position which also enables the State Assembly to direct the State to any desirable direction and for the benefit of Perakians
  • the unconstitutionally appointed BN Menteri Besar and members of the Executive Council all of whom have been suspended by the Speaker
  • the 3 BN-Friendly Assemblymen who are now too afraid to come out of hiding
  • BN faltering each step of the way

Anyway, exercise your best judgment; though it is most ideal that the Emergency Sitting be convened and motions moved so that Nizar or maybe even Sivakumar be empowered to go back to DYMM Sultan Azlan Shah to seek dissolution of the Assembly, an alternative strategy is also to cause a stalemate such that the Perak Government can no longer function (such as freezing supply to the Executive Council), in order that Sultan Azlan Shah will subsequently be compelled to mediate and ultimately dissolve the Assembly.

If we may, we note that the future of Malaysia is in your hands, so tread carefully.

We will get there; the day will come when Malaysia will shine again!

916 Movement


The Malaysian Insider: Perak Speaker calls emergency session next Tuesday

UPDATED

IPOH, Feb 27 — Perak legislative Speaker V. Sivakumar has called for an emergency sitting of the state assembly next Tuesday in a move that could see the Barisan Nasional (BN) government voted out of power and further complicate the constitutional impasse.

Sivakumar is invoking the assembly’s standing orders 8 and 11 to call for the emergency sitting to vote on two motions in relation to the state’s constitutional impasse.

The two standing orders give him the powers to call for an emergency sitting of the assembly.

The first motion to be voted on will be for the assembly to reaffirm its support for Pakatan Rakyat’s (PR) Datuk Seri Nizar Jamaluddin as the rightful mentri besar. The motion will be tabled by Titi Serong Pas assemblyman Khalil Idham Lim Abdullah.

If passed, the motion will contradict Sultan Azlan Shah’s decision to appoint BN’s Datuk Zambry Kadir as MB after rejecting Nizar’s request for the state assembly to be dissolved.

The second motion up for a vote will be to seek for dissolution of the state assembly and pave the way for fresh polls. The motion will be tabled by PKR assemblyman Chang Lih Kang.

If passed, this motion will throw up the question once again of whether the state ruler will even grant Nizar an audience as he now recognises Zambry as the MB.

Under the state constitution, the Sultan can use his discretion to decide whether to consent to dissolution of the state assembly.

Notices have been sent out to all assemblymen except for the mentri besar Datuk Zambry Kadir and the six BN state executive councillors. The seven BN members were recently suspended from the assembly for between 12 and 18 months.

Notices were also not sent to the three former Pakatan Rakyat (PR) assemblymen who are “friendly” to BN.

This means that if all PR assemblymen vote in favour, the two motions will be passed.

But Zambry has already stated he intends to attend any sitting of the assembly. This could turn the sitting into chaos as Sivakumar could order the BN man out of the assembly.

http://www.themalaysianinsider.com/index.php/malaysia/19321-perak-speaker-calls-emergency-session-next-tuesday

The Malaysian Insider: Perak state legal advisor blocks notification of emergency sitting

Posted by admin
Friday, 27 February 2009 19:13

By Lee Wei Lian, The Malaysian Insider

The Perak state legal advisor is trying to block state representatives from being notified of an emergency sitting of the state assembly on March 3rd.

According to DAP Perak chairman Ngeh Koo Ham, the legal advisor, Datuk Ahmad Kamal Mohd Shahid, has directed the house secretary not to send out notices of the emergency sitting.

Ngeh says that this obstruction is in “contempt of the house” and is liable for punishment under house rules.

“The legal advisor has no business to intervene in the process of the house,” Ngeh told The Malaysian Insider.

“He is not an advisor to the speaker or the house. He cannot stop the process and the final decision on whether to send the notices out lies with the speaker.”

To work around the obstruction, a press conference was held in Ipoh today and the speaker will explore other means of sending out the notifications.

Only 49 notices will be sent out.

Menteri Besar Datuk Zambry Abdul Kadir and his six exco members will not received a notification as they were recently suspended by the speaker.

Neither will the three state assemblymen who switched support to the Barisan Nasional (BN) earlier this month as they are regarded as having resigned.

Two motions will be tabled at the emergency sitting. The first motion is proposed by Titi Serong representative Khalil Idham Lim to reaffirm confidence in Datuk Seri Nizar Jamaludin to continue to lead as Menteri Besar.

The second motion is proposed by Teja representative Chang Lih Kang and requests the Menteri Besar to tackle the current political crisis by doing all that is necessary to dissolve the state assembly, including sending a request to His Royal Highness Sultan Azlan Shah to dissolve the state assembly.

If all goes according to plan, PR will have 28 assemblymen to BN’s 21 in the emergency session.

Zambry had earlier told The Malaysian Insider in an interview that he will defy his suspension, maintaining that the speaker had no jurisdiction for suspending him unilaterally for something that happened outside the assembly.

Reiterating PR’s stand that power was grabbed unconstitutionally in Perak, Ngeh says that the protracted battle is damaging to the state and its citizens and called upon the prime minister to advise Zambry to agree to dissolve the state assembly.

“Or hopefully, Sultan Azlan Shah can get parties to sit together and find an amicable solution. Let the people choose their government and their leaders.”

http://mt.m2day.org/2008/content/view/18620/84/

916M: Perak: Go, Go, Go!!!

Kor Ming, well done!

Indeed, it is really funny that UMNO has to:

  • act akin to “a baby crying for his mother and the baby is now almost 52 years old”
  • show that it “does not truly understand that Malaysian Constitutional Law is to be interpreted by Malaysians”
  • further show that “it does not understand that Malaysia is an independent country and that the best solution is here within the country and in the ballot box, which Raja Azlan Shah (Sultan Azlan Shah now) had said that ‘Those who find fault with the wisdom of the Act… normally must address themselves to the legislature… they have their remedy at the ballot box”
  • be unashamed “to go back to Ye Olde England for help when the answer is at our doorstep”

Great move too by Sivakumar!

OK, 48 hours, and if not, just move the following motions as well:

  • That the Perak State Assembly recognises DS Nizar as the rightful Menteri Besar of Perak
  • That the Perak State Assembly hereby resolves that DS Nizar was unconstitutionally removed as the Menteri Besar of Perak
  • That the Perak State Assembly hereby resolves that Zambry was unconstitutionally appointed as the Menteri Besar of Perak
  • That the Perak State Assembly hereby moves a vote of no confidence in Zambry as the unconstitutionally appointed Menteri Besar of Perak
  • That the State Assembly be hereby directs DS Nizar as the incumbent Menteri Besar of Perak to seek audience with DYMM Sultan Azlan Shah to seek consent for the immediate dissolution of the Assembly

916 Movement

THE EDGE: Perak speaker may call for special assembly

Posted by Malaysia-Today Admin
Tuesday, 24 February 2009 15:35

, The Edge

Perak State Assembly Speaker V Sivakumar will call for a special assembly if Barisan Nasional (BN) Menteri Besar Datuk Dr Zambry Abdul Kadir fails to call for the dissolution of the assembly in the next 48 hours.

According to Nga Kor Ming (Taiping-DAP), Sivakumar had written to the Sultan of Perak last week requesting consent to convene a special assembly.

“I urge Zambry to respect the democratic system and call for the dissolution of the assembly as this is the only way to end the constitutional crisis in the state,” he said, adding that more than 80% of voters asked through opinion polls want fresh elections.

Nga, who spoke in the parliament lobby yesterday, also warned that if Zambry fails to dissolve the assembly, Pakatan Rakyat (PR) would move a motion to block the BN government from getting the state coffers.

Zambry also came under fire for sending a legal team to London to seek advice from a Queen’s Counsel on the impasse in Perak.

Nga likened the act to seek opinion from the former colonial master, the United Kingdom, who ruled the state from 1874 to 1957, akin to “a baby crying for his mother and the baby is now almost 52 years old”.

“The move also says that Perak Umno does not truly understand that Malaysian Constitutional Law is to be interpreted by Malaysians.

“It does not understand that Malaysia is an independent country and that the best solution is here within the country and in the ballot box, which Raja Azlan Shah (Sultan Azlan Shah now) had said that ‘Those who find fault with the wisdom of the Act… normally must address themselves to the legislature… they have their remedy at the ballot box,’” he added.

Nga also said the PR government under MB Datuk Seri Mohd Nizar Jamaluddin is confident that there are enough Commonwealth and local case laws that would vindicate PR’s actions.

“It is shameful to go back to Ye Olde England for help when the answer is at our doorstep,” he said.

http://mt.m2day.org/2008/content/view/18457/84/

916M: MalaysiaKini: Crisis in Perak again: Move to Dissolve the Perak State Assembly Now!!!

916M: MOVE TO DISSOLVE THE PERAK STATE ASSEMBLY NOW!!!

Sivakumar, BRAVO!!!

So, what are you waiting for?

With BN down to 21 (=28 – 7) 3 BN-Friendly Assemblymen, they have a total of 24, which is less than Pakatan’s 28. (We bet that Hee Yit Foong would not have the guts to attend the Assembly, possibly too with Osman and Jamaluddin, and we could end up having Pakatan 28 against BN 21.)

Get DS Nizar to move a motion to convene an emergency State Assembly session to resolve the following 5 substantive motions:

* That the Perak State Assembly recognises DS Nizar as the rightful Menteri Besar of Perak

* That the Perak State Assembly hereby resolves that DS Nizar was unconstitutionally removed as the Menteri Besar of Perak

* That the Perak State Assembly hereby resolves that Zambry was unconstitutionally appointed as the Menteri Besar of Perak

* That the Perak State Assembly hereby moves a vote of no confidence in Zambry as the unconstitutionally appointed Menteri Besar of Perak

* That the State Assembly be hereby directs DS Nizar as the incumbent Menteri Besar of Perak to seek audience with DYMM Sultan Azlan Shah to seek consent for the immediate dissolution of the Assembly

GO FOR IT NOW!!!

916 Movement

https://916movement.wordpress.com/2009/02/18/916m-move-to-dissolve-the-perak-state-assembly-now/

Crisis in Perak again: Perak MB Dr. Zambry A. Kadir and 6 Excos suspended

http://www.malaysiakini.com

February 18, 2009

bn perak state exco 180209The Perak state assembly’s special privileges committee today suspended the state’s newly-minted Menteri Besar Dr. Zambry Abdul Kadir and all his six executive councillors.

The decision was announced by Perak state assembly speaker V Sivakumar after the committee’s inquiry proceeding in Ipoh this afternoon.

Zambry was slapped with an 18-month suspension while the excos have been suspended for 12 months. The latest development plunges Perak into another crisis following BN’s seizure of the state government two weeks ago.

Sivakumar, a DAP state assemblyperson, is still the Perak speaker as the BN government has yet to convene the state assembly to replace him with one of their own. In a statement to the media, Sivakumar said the decision was reached because the seven had failed to provide an explanation for their contempt of the state assembly by declaring themselves Menteri Besar and Excos.

“I have decided to bar Datuk Zambry with immediate effect from attending any assembly session for the next 18 months and the six exco members have also been barred for 12 months,” read the four-paragraph statement.

The inquiry was convened after Wong Kah Woh (DAP-Canning) had last Thursday made an official complaint.

The numbers tilt again

By suspending seven of the BN’s 28 state assemblypersons, the numbers have again tilted back to the former Pakatan Rakyat government.

Should the state assembly be reconvened now, it is almost certain that the seven suspended representatives would not be allowed into the assembly, allowing Pakatan to have an edge of 28 seats against BN’s 24.

The suspension means that while BN can technically continue to rule, it cannot convene a meeting of a state assembly for fear that Pakatan would move a vote of no confidence against the government.

Should that be passed, then the assembly could be dissolved paving the way for a state-wide snap elections.Contacted later, prominent lawyer Benjamin Dawson said the current situation is a result of the unresolved political turmoil in the state. By convention, he said Malaysian will have to wait for the court decision on the suit filed by Pakatan Rakyat’s ousted menteri besar Mohd Nizar Jamaluddin challenging Zambry’s appointment.slim majority in perak update 040209
He said unless the court rules in Nizar’s favour, Zambry is presumed to be Menteri Besar. “There is no question of him (Zambry) not being given access to the legislature (state legislative assembly). It is a matter of debate,” he said when contacted by Malaysiakini.

“This is not a constitutional crisis but it involves the tactical aspect in politics. Nizar has sought to declare Zambry’s appointment unlawful under Article 16 of the Perak constitution and there is basis.”

According to Dawson, the best option would be to dissolve the state assembly and hold a fresh state election. But this, he added, must have the Sultan’s consent.

Respect people’s will and power


ramon navaratnam interview 071108 05However, Transparency International Malaysia chairperson Ramon Navaratnam said this is “certainly a constitutional crisis” and seemed to be a plan to bring back the opposition to power.

“This is why all these irregularities and contradictory decisions underscore the importance of a democracy which is to respect the will and power of the people.

“Power comes from the people and leaders should be elected and dismissed by the people. All decisions on the constitutionality of any government should rely on the people,” he told Malaysiakini. Ramon said when the crisis started early this month, the right and proper way was to call for fresh elections.

“A full scale election should be held to show that democracy is at work. Government and legislature must be held accountable for its action. People have the sovereign right to exercise their democratic right in this scenario,” he added.

MACC report filed against defectors

In a related development, the Malaysian Anti-Corruption Commission (MACC) has been urged to investigate the Perak state assembly deputy speaker and two former state executive councillors for allegedly receiving kickbacks to leave their parties.

The exit of the four had led to the collapse of the Pakatan Rakyat state government.The MACC report was filed by the Perak Pakatan Rakyat Supporters Club chairperson Khalil Idham Lim Abdullah. He urged the MACC to probe deputy speaker Hee Yit Fong of DAP and Jamaluddin Md Radzi and Osman Jailu both of PKR, claiming that they had received money to support BN.

http://dinmerican.wordpress.com/2009/02/18/crisis-in-perak-again-perak-mb-dr-zambry-a-kadir-and-6-excos-suspended/#comment-19998

916M: Move to Dissolve the Perak State Assembly NOW!!!

Sivakumar, BRAVO!!!

So, what are you waiting for?

With BN down to 21 (=28 – 7) + 3 BN-Friendly Assemblymen, they have a total of 24, which is less than Pakatan’s 28. (We bet that Hee Yit Foong would not have the guts to attend the Assembly, possibly too with Osman and Jamaluddin, and we could end up having Pakatan 28 against BN 21.)

Get DS Nizar to move a motion  to convene an emergency State Assembly session to resolve the following 5 substantive motions:

  • That the State Assembly recognises DS Nizar as the rightful Menteri Besar of Perak
  • That the State Assembly hereby resolves that DS Nizar was unconstitutionally removed as the Menteri Besar of Perak
  • That the State Assembly hereby resolves that  Zambry was unconstitutionally appointed as the Menteri Besar of Perak
  • That the State Assembly hereby moves a vote of no confidence in Zambry as the unconstitutionally appointed Menteri Besar of Perak
  • That the State Assembly be hereby directs  DS Nizar as the incumbent Menteri Besar of Perak to seek audience with DYMM Sultan Azlan Shah to seek consent for the immediate dissolution of the Assembly

GO FOR IT NOW!!!

916 Movement

MALAYSIA-TODAY: PERAK SPEAKER SUSPENDS ENTIRE EXCO

Posted by admin

Wednesday, 18 February 2009 19:31

By Shannon Teoh, The Malaysian Insider

Perak state assembly speaker V Sivakumar has suspended Menteri Besar Datuk Dr Zambry Abdul Kadir and his six state executive councillors from the state assembly for 18 and 12 months respectively for contempt of the assembly.

In a printed statement released to the press this evening, Speaker V Sivakumar, as chairman of the committee, said that this was because the seven BN lawmakers failed to give any explanation during the inquiry convened after Wong Kah Woh (DAP-Canning) had last Thursday made an official complaint.

“I have decided to bar Datuk Zambry with immediate effect from attending any assembly session for the next 18 months and the six exco members have also been barred for 12 months,” stated Sivakumar.

Earlier, Wong told reporters that he had “presented my complaint against the appointments of Zambry and the six excos which were unconstitutional before the committee,” before leaving the inquiry held at the state secretariat.

Arriving at 3pm, Zambry and his six state executive councillors spent just half an hour before the state assembly’s privileges committee before leaving without speaking to reporters today.

The committee remained holed out in a meeting room at the state secretariat after Zambry and his exco left and exited at 6.30pm.

Sivakumar was quizzed as to whether he or the committee had the power to suspend the assemblymen without first bringing it before the assembly as he left the state secretariat building.

“I will notify the assembly,” he told reporters before leaving in his car.

When Sivakumar had told the press last Saturday that the committee was summoning Zambry and his exco, he had said that the committee can only carry out an investigation and table a report and proposal at the next assembly sitting for the assembly to decide on.

Referring the BN government to the committee is one of Pakatan Rakyat’s (PR) last-gasp strategies to reverse the Feb 5 power grab masterminded by BN chairman-elect Datuk Seri Najib Razak.

The ousted mentri besar, Datuk Seri Nizar Jamaluddin has also filed a legal suit in the Kuala Kumpur High Court to declare Zambry’s administration illegal.

The privileges committee is made up of PR assemblymen with only one representative from BN, Temenggor’s Datuk Hasbullah Osman who was absent from today’s hearing.

The six exco members are Perak MCA Youth chief Dr Mah Hang Soon (Chenderiang), Perak Umno Youth chief Zainol Fadzi Paharudin (Sungai Manik), Hamidah Osman (Sungai Rapat), Mohammad Zahir Abdul Khalid (Kamunting), Datuk Ramly Zahari (Manong) and Datuk Saarani Mohamad (Kota Tampan).

http://mt.m2day.org/2008/content/view/18256/84/

916M: RPK: Probably My Last Message to Malaysia: Please Fight On!!!

It is extremely saddening to read RPK’s article below, and we certainly hope and pray that RPK will not be locked up again tomorrow. The least we can do for now  is to show up at the courts tomorrow.

But of course, this will not be the only thing that we can do and will do. For we are determined to boot BN out come GE13. Just you wait and see!

It is now about 20 days to 308 of 2009. A year has almost passed, and one thing remains clear, that those guys remain thick and dense, and most regrettably, unrepentant. One would have thought that after one big tight slap on 308 of 2008, politicians as chameleons, would change with electorate expectations. No, no, not at all, they are still at their antics and pranks, so much so that we can only conclude that they are beyond salvation.

There are 2 possible explanations for their unfathomable behaviour:

  • Either they already know that they are on their way out, and that they plan to loot whatever they can before they get booted out,
  • Or that they are so incredibly thick and dense that they did not even realise that they had gotten a big tight slap.

Either way, it does not nor will it matter to us.

For we are, as noted, determined to boot them out at GE13, no matter what.

1,481 days to go! Countdown GE13: A Total BN Wipeout!

Back to RPK, we plead you to reconsider your stance, please fight on!

916 Movement


Image

RPK: Probably my last message to Malaysians

Posted by admin
Monday, 16 February 2009 11:29

This country needs major political, economic and social reforms. The next two years are going to be most trying years indeed. And expect a snap general election within 18 months of Najib taking over if he does take over on 1 April 2009.

NO HOLDS BARRED

Raja Petra Kamarudin

Tomorrow, I will probably be detained under the Internal Security Act. Anyhow, before we talk about that, let me start by giving you my prediction for the two by-elections scheduled for early April.

In 2004, BN won the Bukit Selambau state seat with a majority of 7,695 votes and in 2008 they lost it with a majority of 2,362 votes. (See the chart below). In the coming by-election, I forecast a voter turnout of around 26,000 and a majority of 3,500-4,500 for the opposition.

For the Bukit Gantang parliament seat, in 2004 Barisan Nasional won with a majority of 8,888 and in 2008 it lost with a majority of 1,566. (See chart below). This time around, the voter turnout will be roughly 42,000 and the opposition will win that seat with a majority of 5,000-8,000 votes.

Okay, I am forecasting this even before I know who the candidates are. Well, I have no choice. On Tuesday, 17 February 2009, the Federal Court is due to hear the appeal against my release from Internal Security Act detention and I really do not know what the outcome is going to be. Chances are, I have but 24 hours left as a free man and if I do not write this article today I never will.

On 7 November 2008, the Shah Alam High Court ordered my release from detention. The government has appealed this decision although it did not see the need to appeal the decision of the Shah Alam High Court acquitting Abdul Razak Baginda of the charge of murder without his defence being called.

I was in court last week to witness the performance of the three judges and what I saw did not give me much confidence. First of all, we asked for a quorum of seven judges, or at least five. But the court turned us down and fixed a quorum of only three judges. And two of the three judges appear to be hostile towards us from the word ‘go’. It looks like my fate has been sealed even before the case goes to court.

Anyway, I know for a fact that it was not Prime Minister Abdullah Ahmad Badawi who ordered my detention. He was not even aware I had been detained. The order came from Deputy Prime Minister Najib Tun Razak and since I am bent on making sure he never becomes Prime Minister on 1 April 2009 I really do not blame him for wanting to get me out of the way.

My friends and family want me to leave the country and to seek political asylum in another country. They feel I can still continue with the struggle in a foreign land. But I am against that as much as my wife pleads that I consider this. I am no quitter and I do not run. I shall stay and fight till the very end even if that is the last thing I do.

If I have to lose my freedom so be it. That is the price we pay for opposing the powers-that-be. But I shall not go quietly or make any deals to secure my release with those who walk in the corridors of power.

I was given an option. Take the money and become rich or go to jail. I refused the money and instead chose jail. This is my choice and no one can convince me to do otherwise. No doubt I will have to pay for this and it will be a heavy price that I shall have to pay. But this is the price of the struggle and the price does not come cheap.

I shall not submit. I shall resist till the end. I stand on right and I oppose what is wrong. Amar makruf, nahi munkar, as Islam would say. We must uphold right and oppose wrong. That is not only the Islamic way but also the way of all religions. And even atheists believe in this, so you need not believe in God to subscribe to the concept of amar makruf, nahi munkar.

Over thousands of years countless people have met their deaths just because they stood on the side of right. What I have chosen to do has been done by so many who are now nameless and faceless. So it is nothing so special that I do which has not been done before.

My resistance will continue. But I will have to continue my resistance behind the barbwire fences of the Kamunting Detention Centre. It will now be up to you, those who are free, to continue where I left off.

My resistance, however, will have to take on a new form. I will no longer be able to write or speak at ceramahs. My voice has now been silenced. But I can still speak the words of silence, which will be my new form of resistance.

I shall no longer open my mouth or utter one word during my detention. I shall maintain the silence of a mute person. I shall not sign any documents of the so many documents that they make you sign when under detention. My signature is not going to be placed on a single shred of paper.

By doing so would mean none of my family members or lawyers would have access to me. Yes, that is the price I shall pay for ‘not cooperating’. I know this and I am prepared for it.

I shall refuse all medical treatment and visits to the hospital. I shall refuse to accept any food and water supplied by the Kamunting authorities. I shall refuse to leave my cell or to meet any of the prison authorities. In short, I shall shut myself out from the world and keep to my own world of my eight feet square cell.

This action will mean I shall survive at the most seven to eight days. By the end of that period I shall be dead. I am prepared for that. They plan to imprison my body for the rest of my life. But I shall release my spirit from my body and will again be free. They can keep my body and they can do whatever they want with it. But they will never be able to keep my spirit. I shall separate my spirit from my body and deny them the pleasure of incarcerating me.

This is a decision I have taken and no one can make me change my mind. And this is probably the last article of mine that you shall read if they send me to Kamunting tomorrow. Keep the struggle going. I shall no longer be able to join you in that struggle. The work is far from finished. This country needs major political, economic and social reforms. The next two years are going to be most trying years indeed. And expect a snap general election within 18 months of Najib taking over if he does take over on 1 April 2009.

I lay down my life for this nation of ours called Malaysia. I will sacrifice myself for the sake of the struggle. There is very little left I can give at this point of time other than my life. For those who stood by me all these years, I thank you from the bottom of my heart. I go with a heavy heart. But my heart is heavy only because I have but one life to give.

Death is not the end. Death is but the beginning. It is the beginning of a new journey that none of us can escape and will one day embark upon. It is not something to be sad about. It is something to rejoice.

Please continue your struggle to make Malaysia a better place for our future generation. This country belongs to them and it is for them that we struggle. For some of us, our time is already almost up. We do not have many years left. Many have gone before us. Many friends who started out with us in 1998 are no longer around. But they left this world in the hope that one day Malaysia will be the country that we dream it would be. And that, too, must be our dream.

I pray and hope that the Putrajaya Federal Court will uphold the decision of the Shah Alam High Court to free me from ISA detention. But if it reverses that decision then we must be prepared for that as well. And if the Federal Court does what I fear it will do, goodbye Malaysians, my comrade-in-arms. We shall meet again, one day, although not in this world but the next.

http://mt.m2day.org/2008/content/view/18155/84/

916M: How to Wrestle Back Perak

So, we have been thinking hard, as to how we can wrestle back Perak from Barisan…

The idea came from the MalaysiaKini report below.

So, what we need to to is to dig up Osman, Jamaluddin, and Hee’s dirt, and present them to the DYMM Sultan Azlan Shah, and also the MACC (not that we would expect them to do much, if anything), as well as to the Rakyat, so that their credibility can be questioned, and we can then persuade the Sultan to reconsider his decision (through constitutional means, of course; will think about this further, and if you have ideas, please suggest).

If the idea above is not good enough, please help fine-tune. Please also suggest, if you have, other ideas.

If the idea above is worthy of pursuit, please help spread the word around, so that people can come forward with whatever information they have.

Over to you! Let’s get down to it!

916 Movement

MalaysiaKini: Waran tangkap Osman Jailu, AJK PKR
Feb 10, 09 10:28am
Mahkamah Majistret Ipoh keluarkan waran tangkap terhadap Adun Changkat Jering, Kapt (B) Mohd Osman Mohd Jailu kerana tidak hadir kes rasuah projek pembangunan bernilai RM180 juta.

Bekas Adun PKR itu, yang kini wakil rakyat bebas, sedang menghadapi perbicaraan kes rasuah bersama seorang lagi rakannya Jamaluddin Mohd Radzi (Behrang) – yang juga tidak hadir.

Jamaluddin menyerahkan sijil sakitnya kepada mahkamah, tetapi Mohd Osman tidak berbuat demikian.

Waran tangkap juga dikeluarkan terhadap ahli perniagaan Usaili Alias, seorang ahli jawatankuasa perhubungan PKR Perak, atas alasan yang sama.

PKR mendakwa pertuduhan rasuah terhadap Mohd Osman dan Jamaluddin akan digugurkan sekiranya mereka melompat kepada BN.

“Kami percaya kehilangan mereka ada hubungan rapat dengan
pertuduhan kes rasuah yang sedang mereka hadapi dan perbicaraan kes tersebut akan bermula pada 10 Februari,” kata pengerusi perhubungan PKR Perak, Osman Abdul Rahman hujung bulan lepas, beberapa hari sebelum kedua-duanya meninggalkan PKR.

“Kami percaya ada usaha-usaha oleh BN untuk memujuk kedua-dua exco ini bagi menyertai BN dan sebagai imbuhan terdesak Najib, termasuk menggugurkan kes rasuah mereka.”

Mahkamah menangguhkan perbicaraan ke 15 dan Feb.

http://www.malaysiakini.com/news/97943

916M: Pakatan to do more homework

So, now, news of at least another 3 Assemblymen from Pakatan Perak to defect to Barisan?

So, are principles so really cheap? That people can be bought over just like that?

OK, maybe no money involved, so does this mean those assemblymen are not happy with their parties and/or Pakatan? They did not get their Camry? Or they were not appointed as Executive Councillors? Or maybe too they felt not needed?

The point here is that Pakatan and its member parties has got a lot of work to do from now until GE13.

It appears that Pakatan do not have sufficient representatives of high calibre.

So what if you do not get your Camry? Or if you do not get appointed as Executive Councillors? Or if you felt not wanted?

Those aspiring political representatives ought to realise that they should not be in for the money or rewards, or even positions. They should know their capabilities. If they are good enough, they will be given a chance; their capabilities will speak for themselves. If they have not yet been noticed, then work harder to get noticed. And if you still do not get noticed, just accept it, that’s life, and at least, you have been given the chance to serve.

So, it is weeding out time. It is time to recruit representatives of potential and of integrity.

And apart from screening its representatives, Pakatan also needs to establish an effective internal grievance mechanism, for its members to voice out their grievances. We do not want another Manickavasagam, nor another Karpal (we are referring only to his recent outburst, and not to him in toto). We should have more Nizars.

Over to you Pakatan!

916 Movement

916M: Making Sense: Perak Conspiracy Theory

If you would think of it, how could it be so easy for BN to topple Pakatan Perak?

Once UMNO got both Jamaluddin and Osman in their grasp (ie after setting them up previously, and subsequently blackmailing them with corruption charges), BN knew that they have in hand 28 + 2 = 30. A majority of 1 would have been sufficient, but if they could have more, then better.

Then, with Hee in hand, after months of instigation and with inducements, the nail the coffin was sealed.

And yes, of course, Nasaruddin was indeed a Trojan Horse.

Next, they had to work on the Perak Royalty. How could it be so conceivable for the Sultan to have made such a decision (ie not to dissolve the State Assembly, but to recognise the BN + 3 instead), given at the least his track record as the head of judiciary, if not for some kind of blackmail or similar? If you would recall the manner in which Najib had called for the Press Conference, it felt as if he was confident that the Sultan would decide his way.

Procedurally, the Sultan should have decided on whether he should dissolve the State Assembly or not (ahead of the question as to whether to recognise the BN + 3 block). Circumstances point towards dissolution because that would have been the best way out for all, at least for the Rakyat.

But strangely, the Sultan went the other way.

Something went wrong somewhere. No doubt about this. There was indeed a plot all the way.

But not to worry, we now have Bukit Gantang, and maybe Bukit Selambau, to drive home the point.

WE CERTAINLY WANT BN OUT COME GE13: 1,488 DAYS TO GO!!!

916 Movement