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Thread: Perak coup - A foretaste of how Malaysia will be with Najib as PM

   
   
       
  1. #21
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    Tommy Thomas elaborates further

    If I understand the gobbledegook correctly, what he means is:

    1. If someone signs an undated resignation letter, that letter is valid.
    2. If the State Assembly passes an anti-hopping law to prevent cross-overs, that law is not valid as it is ultra-vires the freedom of association act.

    Now that brings up an interesting point: Why are the candlelight vigilers not allowed to assemble in the MPSJ area without police harassment?

    By-election not required if crossovers occur
    3 Feb 09 : 6.22PM

    By Tommy Thomas
    editor@thenutgraph.com

    I WOULD like to elaborate on the comments I made during the course of my telephone conversations with The Nut Graph senior journalist Deborah Loh which was posted in Hard for PKR duo to contest resignations on 2 Feb 2009.

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    py

  2. #22

    Re: Party hopping: PKR man claims he was offered RM50 million to entice defections

    Pywong, UMNO will deny all those allegations. UMNO has all the trump cards and aces (plus some extra cards which are not even in the deck!) to beat you when you have a full house in your hands. Look, when Bala made his first SD, UMNO had its methods of silencing him (threats of bodily harm? Money?). You can't prove anything, even in court as it has the judiciary on their side. You want to have a by-election? The EC is on their side. Want to have a state re-election? There will be things to frustrate you. Want to have a peaceful candle light virgil, their police cohorts will use force on you. When they demonstrate it's ok..permits are easily given. Their mean machine is always up and running. Look at those two PKR ADUNs. PKR friends of mine said that they were virtually kidnapped and given an ultimatum..jump ship or else face the full penalty of the court on the charges of corruption planted against them. Jamaluddin has become an independent (even RM1 million is a nice sum to tide over a rainy day) and will most likely jump ship. The court ruling in Kelantan years ago (by none other than Eusoff Chin) made it illegal to coerce via presigned letters. We know that the opinions of legal minds in various forums say that it is legal..like signing a blank cheque and handing it to someone. You cannot get annoyed if the person uses the cheque to withdraw a larger sum of money that you have anticipated. It looks like all these things are carefully planned by a team of people in UMNO who have come up with brilliant counter moves to thwart the PR's every strategy.

    Sigh. My eldest daughter is planning to leave the country. My second daughter is already in US. Young people are getting disenchanted with the country. As for me I am still loyal to the country of my birth and will strive to right the wrongs done to us..via the ballot box .. before it becomes irrelevant.

  3. #23

    Re: Mess in Perak

    Terminal 3 upgrading, election fraud....the list is endless. Pywong, UMNO will deny all those allegations. UMNO has all the trump cards and aces (plus some extra cards which are not even in the deck!) to beat you when you have a full house in your hands. Look, when Bala made his first SD, UMNO had its methods of silencing him (threats of bodily harm? Money?). You can't prove anything, even in court as it has the judiciary on their side. You want to have a by-election? The EC is on their side. Want to have a state re-election? There will be things to frustrate you. Want to have a peaceful candle light vigil, their police cohorts will use force on you. When they demonstrate it's ok..permits are easily given. Their mean machine is always up and running. Look at those two PKR ADUNs. PKR friends of mine said that they were virtually kidnapped and given an ultimatum..jump ship or else face the full penalty of the court on the charges of corruption planted against them. Jamaluddin has become an independent (even RM1 million is a nice sum to tide over a rainy day) and will most likely jump ship. The court ruling in Kelantan years ago (by none other than Eusoff Chin) made it illegal to coerce via presigned letters. We know that the opinions of legal minds in various forums say that it is legal..like signing a blank cheque and handing it to someone. You cannot get angry if the person uses the cheque to withdraw a larger sum of money that you have anticipated. It looks like all these things are carefully planned by a team of people in UMNO who have come up with brilliant counter moves and game plans to thwart the PR's every strategy.

    Sigh. My eldest daughter is planning to leave the country. My second daughter is already in US. Young people are getting disenchanted with the country. As for me I am still loyal to the country of my birth and will strive to right the wrongs done to us..via the ballot box .. before it becomes irrelevant.

  4. #24
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    Re: Mess in Perak

    Quote Originally Posted by besitai2007
    Sigh. My eldest daughter is planning to leave the country. My second daughter is already in US. Young people are getting disenchanted with the country. As for me I am still loyal to the country of my birth and will strive to right the wrongs done to us..via the ballot box .. before it becomes irrelevant.
    Besitai, I am coming round to posting The Rat Race Part VI which will try to identify the methods used by UMNO. By now, I think I have enough information to construct the picture. In any case, it can be covered by one word "Psychological warfare".

    BTW, don't get angry, get even. Voting in the ballot box alone is not enough. We need to do more, much, much more, for the sakes of your daughters and our children. Care to join me?

    Your second daughter mentioned that housing in California dropped a bit last year. How is it now? I think she will have seen the full force of the unwinding of the housing prices by now. How many % has it dropped? Probably it has to drop by 50% from the peak before it becomes affordable. Capital cost has to match rental returns. Otherwise, it has no meaning.

    With the coming global depression, leaving the country may not be that great an idea. Whichever Western country she goes to, she will be inheriting the debt of that country through the taxation system. Just like the Rat jumping from the frying pan into the fire. Better to stick on and try to change the Malaysian Rat Race System.
    py

  5. #25
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    Re: Mess in Perak- Haris Ibrahim's take

    What does the Perak State Constitution say? And what ought the EC to have done?

    The EC should have referred the matter to court rather than making a decision not to call for a by-election.
    By doing so, it has displayed a bias against the Perak State Govt.

    Read the comments in his post also for other viewpoints.

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    py

  6. #26
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    Malik Imtiaz Sarwar: Making sense of the Perak controversy

    Key points: The EC has acted unconstitutionally. I wonder whether there are procedures to impeach the EC Chairman for abuse of power?
    In the interests of state stability, the MB should dissolve the assembly and call for state wide elections for a fresh mandate.


    Making sense of the Perak controversy
    By Malik Imtiaz Sarwar

    FEB 4 — Before embarking on an analysis of the state of play in Perak, it would be of value to consider the objective facts:

    * Two assemblymen signed undated resignation letters as a condition to their being nominated by their political party for a state election. For this, the party also gave them full support, financial and otherwise. They won their respective seats;

    * The undated resignation letters were submitted to the speaker of the Legislative Assembly. The Perak Constitution allows members of the assembly the option of resigning their membership “by writing under his hand addressed to the speaker”;

    * The party opted to submit the resignations of the two assemblymen. It is not apparent what prompted this;

    * The speaker has accepted the resignations and communicated the fact of the resignations to the Election Commission. The speaker has taken the position and ruled for the purposes of the assembly that the resignations have taken effect and by-elections be held. He will treat the assemblymen as no longer being members of the assembly for the purposes of proceedings in the assembly;

    * The two assemblymen dispute the validity of the resignation. They do not contend that the resignations letters were not under their hand. They contend that the resignations were procured through duress;

    * The Election Commission has decided that the resignations are doubtful and as such not true resignations.

    From the above, it could be said that the following questions arose when the controversy first erupted:

    * The legal value or validity of the resignations. There is no authoritative decision of the courts on this point. A 1982 decision of the then Federal Court (Datuk Ong Kee Hui) observed that such resignations could be viewed as being contrary to public policy in view of elections at both the state and federal level being of individuals as opposed to political parties. A question of honouring the wishes of the electorate, that is the electing of the individual as opposed to the party, arises. The Federal Court did not decide on the point as the Member of Parliament concerned did not seek to invalidate the resignation nor had the speaker been joined as a party. The point is as such open to argument.

    * Whether the resignation letters were procured under duress;

    However, these questions have been overtaken by events, in particular the decision of the speaker to accept the resignations and give effect to them. The speaker may be wrong but until he is shown to be wrong through valid process — either in the assembly (to the extent that such process is available) or through the courts — the speaker’s decision must stand.

    In this regard, the Election Commission is charged with the conduct of elections. It could be argued that in order to do so, the Election Commission must have the power to determine whether an election is needed in the first place. Where state and federal elections are concerned, this is established by the dissolution of the assemblies and Parliament respectively. However, where casual vacancies (through death, resignations or disqualifications) arise, the situation is more nuanced.

    The Perak Constitution (Article 36(5)) provides that a casual vacancy shall be filled within 60 days from the date on which it is established by the Election Commission that there is a vacancy. Vacancies caused by death and disqualifications are easily established. Where the latter is concerned, the matter is decided by the assembly itself, which in law is taken to have final say (save where there is a matter of legal interpretation). In the ordinary course resignations are similarly uncomplicated; the speaker receives the letter of resignation and communicates the fact to the Election Commission which establishes the vacancy based on the speaker’s declaration. From this, it is apparent that the vacancy is established by reference to the position taken by the speaker. This is consistent with the basic principle of parliamentary democracy that it is the speaker who regulates the assembly.

    The question that arises is therefore whether this process is derailed by a dispute as to the validity of the resignation. In my view, it should not be, and the Election Commission must act accordingly. I say this for two main reasons. First, the scheme explained above.

    Secondly, it is not for the Election Commission to embark on a fact-finding or adjudicative process as, amongst other things, it does not have the power to do so. In denying the position the speaker has taken, the Election Commission is in effect asserting that that the speaker is wrong. The Election Commission cannot do so. If there is a question as to the correctness of the speaker’s position, then it must be challenged through proper channels.

    Seen from this perspective, this unprecedented and very curious action of the Election Commission regrettably raises questions as to its motives. It must be taken to appreciate the precarious position it has left Perak in, one which looked upon objectively appears to have been made more accommodating to the machinations of the Barisan Nasional. I note that by-elections would be inconvenient for Umno which is scheduled to have its assembly in March. It is as such open to question as to whether the Election Commission has conducted itself in the independent manner the Federal Constitution requires of it.

    Where this leaves the Perak government is an open question. It could seek a ruling of the court as to the correctness of the decision made by the Election Commission and an order to compel the latter to conduct the by-election. This would be a time-consuming affair and occasion a delay that can only work against the interests of the state. The razor-thin margin is undermining stability and it is more probable than not the attention of those who make up the state government would be focused more on preserving their government than the affairs of the state.

    The Election Commission’s stance and the underlying events would afford sufficient cause for the menteri besar to request that the Sultan dissolve the assembly and call for fresh elections. All things considered, this may be the best way to protect the interests of Perak. In these difficult times, governments should be focused on what needs to be done rather than politics.

    Malik Imtiaz Sarwar is the current president of the National Human Rights Society (HAKAM) and a lawyer.

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    py

  7. #27
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    Constitutional conundrum

    International Islamic University law professor, Abdul Aziz described the EC's decision not to hold by-elections as "illogical", particularly after the chairman publicly acknowledged the power of the speaker, "which means he has accepted that the speaker has the final say, but is choosing not to do it".

    "They have set a dangerous and inappropriate precedent," he said, sounding disturbed.

    Go to the courts to settle the issue.

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    py

  8. #28
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    Ezam is involved?

    Interesting character, this Ezam. Looks like he has made it his life vocation to be a pest.

    Here's a thought. The UMNO ADUNs who are thinking of jumping has only 24 hours to do so. If PR puts in the request for assembly dissolution, it will too late for them. Then they will have to face PR in the polls. I wouldn't like to be in their shoes facing an angry rakyat. Chances are 1/3 of the UMNO guys will be kicked out.

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    py

  9. #29
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    CPI Press statement On “The Perak Mess”

    Press statement On “The Perak Mess”

    Posted by admin
    Wednesday, 04 February 2009 10:01

    The Centre for Policy Initiatives lauds the statement by Raja Muda of Perak, Raja Dr Nazrin Shah, that the Sultan will be “neutral, nonpartisan and free of having personal interest to ensure justice for the people”.

    Amidst uncertainty surrounding the resignations of Perak state assemblymen for Behrang and Changkat Jering – Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu respectively – Raja Nazrin’s assurance that his father the Sultan of Perak has always upheld the principles of justice based on the sovereignty of the law and emphasising solidarity, cooperation, consensus and consultation, is indeed timely.

    It is hoped that the national leadership will pay heed and take a leaf from the ruler’s book by similarly putting the interests of the rakyat first and foremost over political self-interest. The interests of the rakyat are best served when the pivotal and watchdog institutions of state work with scrupulous integrity and are autonomous. To borrow from Raja Nazrin’s wise words, this independence “helps in enhancing the effectiveness of the check and balance mechanism”.

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    py

  10. #30
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    Perak MB may call for dissolution of state assembly

    #
    Perak assembly to be dissolved today?
    Feb 4, 09 12:12pm
    # BREAKING NEWS! updated 12.35pm Perak Menteri Besar Mohd Nizar Jamaluddin is expected to have an audience with the sultan within the next hour. It is learnt that he is seeking the dissolution of the state assembly.

    It is also learnt that three Pakatan Rakyat state assemblypersons - Jamaluddin Mohd Radzi (PKR-Behrang), Osman Jailu (PKR-Changkat Jering) and deputy assembly speaker Hee Yit Foong (DAP-Jelapang) - have submitted official letters to speaker V Sivakumar this morning to express their intention to become independent representatives.

    More…
    py

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