Saturday, February 7, 2009

Constitutional expert: Sultan can't sack Nizar - Malaysiakini

Feb 7, 09 4:03pm

Constitutional expert professor Aziz A Bari today said that the Sultan of Perak had no powers under the state constitution to "hire or fire" a menteri besar.

He said that while that was the position before independence, the post-Merdeka constitution made it very clear that the menteri besar does not hold office at the sultan's pleasure.

"The state constitution, along with the federal constitution, states that the menteri besar holds the office at the sultan's pleasure subject to the provision of the menteri besar holding the confidence in the state assembly," he told Malaysiakini.

"The important factor to consider here is the Article 16(6) of the Perak constitution which states that the menteri besar shall only step down if he ceases to command the confidence of the majority of the members of the legislative assembly.

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1 comment:

Tuanku said...

Dear YB Dato Sri Anwar,

You have defeated by cruel Najib in "LOMPAT SI-KATAK - Defection Game" in Perak.

Tun Dr M is laughing loud and clear : " He ! He ! He ! in his blog website and he is the happiest man in Malaysia today.

Perakians are crying foul and tears are flowing down from their eyes. I witnessed many Muslims Malay are beaten up with tear gas are shot at them irrespective of gender and children. The FRU disrespect the state mosque near the Istana and kept firing tear gas rounds into the mosque compound. Similar, Kuala Kangsar city is like Gaza city where the people is victimized by the police force and FRU and Palestinians are killed by the Jewish soldiers. Smoke from tear gas welcome the sworn in of the illegal Perak MB. Bloodshed, tears and cried from all Perakians are shouting sky high to greet him with jeers and boos.

I am a Malay/Chinese mixed Perakian who is a strong PR team supporter and DAP loyalist since the day Anwar hated many non Malay very much and disliked the ROCKET when you are Deputy PM like waiting PM today. Nevertheless, Malaysians say that you have changed 360% to seek the Chinese and Indian supports and forgiveness for your past sinful actions against them. You are become wiser, saint, kind and people orientated and sayang by the rakyat of all races after you eat bitter pills & lessons from the tortured and betrayed by UMNO in the black eye sodomy and jailed terms. However, many Chinese and Indian communities are still worried and scare about DSAI for one good reason as indicated in Chinese proverb: "WILL THE TIGER CHANGES HER STRIPES?".

This is the reason that many non-Malay communities have remain "was-was" and caution to vote and support DSAI in PR team till today they want BN to rule at Federal Government. Fortunately, the non-Malay has fully supported you and PR for a change in 5 strong economic states in Perak, Penang, Selangor and Kedah plus Kelantan (poor state).

Now PR blows it in 11 months and let Perak felt into greedy BN rule again. Do you know why PR lost in defection chess game in Perak ?

We,several educated professional Malaysians have studied and read the political trends since PR won handsomely in PRU 12 indicated the following weaknesses in PR teams and it is difficult to remove the strength of BN with iron ruled for 50 years.

(a) PR teams are less united like BN dominated by big bully UMNO. The word UNITED is very important in any art of war to defeat your enemy.

(b) PR teams have many differences in ideologies, concepts and cultures that caused internal fictions among three parties, PKR , DAP and PAS that confuse the Rakyat and your own MPs and ADUNs in PR team.

(c) Every leaders are back stabbing each others within and outside the PR teams. For instance, MP Kapar plans to quit PKR and resign his post and many other PR leaders want to become HERO for their people. Internal conflicts among leaders and member in each party is hurting the coalition in PR.

(d) PR team does not have a STRONG LEADER to UNITE all three parties and speak the same tune and languages.

(e) Sdr DSAI and YB LKS talked too much and over exposure PR strategies before execution to let your enemy counter attack silently behind and act fast with no talking and plan ahead to destroy PR. For good example, DSAI has open his big mouth to the world that PR is engaging a "Defection Ganme" on Sept 19 to topple the Fed Govt. Today, PR lost in state level, Perak for a small defection game, thus, it is impossible for PR to defeat BN in the national level. This is because the mastermind waiting PM silently act swiftly to topple PR state govt whereas DSAI has been announcing the defection of UMNO ADUN in Perak. The turncoat who crossed from Umno to PKR was part of a plot to blame PR for starting the ‘defection game’. It was nicely adopted from The Art of War. The use of TROJAN House soldier created the fire in PR and caused the downfall of MB Mohd Nizar.

(f) PR is less powerful in terms of monetary and power play to attract BN ADUNs become traitors in BN. PR can dream only and it will never happen but BN can just do it.

I hope the six factors in the Art of War mentioned above are able to wake up DSAI and other PR leaders who are still celebrating their victories in PRU12. They have yet to delivery the promises to the rakyat but they are still arguing and fighting with BN leaders over petty issues and scandals involving the previous BN legacy in 5 states. Last but not least, Perak is lost and it is very difficult to win in court because the Ruler decision is final. Dont cry over spoilt milk , it is the best opportunities to continue boosting the Rakyat confidence in PR team if the leaders can read the six art of war theories carefully and diligently now. The rakyat is very angry and disturb to witness their rights are taken away by force in Perak, hence PR will win handsomely to kick BN out in PRU13 by ballot boxes and not by defection game. DSAI and PR have experienced the best lesson of own defection chess game, He! He! Ha! Ha!(just joking , don't worry, be happy - DSAI - be patient for waiting PM soon )