Thursday, February 26, 2009

Cops probe blogger over post - Star

Feb 26, 2009

PETALING JAYA: Police are investigating blogger Jed Yoong Yui Foong, 31, for allegedly posting seditious remarks on her blog against the King.

She was called up by the Bukit Aman Cyber Crime unit on Monday and had her statement taken.

After her interrogation, four police officers accompanied her to her house in Taman Desa and seized her computer and laptop under the Sedition Act. They also took photos and recorded videos in her house.

Yoong is scheduled to meet with police at Bukit Aman again today.

A police spokesman said investigations were ongoing and that Yoong had given her full cooperation.

Scuffle in Parliament - Malaysian Insider

Feb 26, 2009

By Adib Zalkapli and Lee Wei Lian

[Megat Zulkarnain seems to warn Bukit Bendera MP Liew Chin Tong during the confrontation in the Parliament compound.]

Megat Zulkarnain seems to warn Bukit Bendera MP Liew Chin Tong during the confrontation in the Parliament compound.
KUALA LUMPUR, Feb 26 — A group from Selangor Umno Youth, led by its Serdang chief Ungku Mat Salleh, attempted to stop DAP veteran leader Karpal Singh from entering the Parliament building today to demand that he apologise for saying yesterday that Umno Youth was responsible for sending bullets in the mail to him recently.

Pakatan Rakyat representatives N. Gobalakrishnan and Lim Lip Eng tried to protect Karpal but were roughed up by the Umno group members.

Karpal eventually managed to make it into the Dewan Rakyat safely.

Also present outside the Parliament building was Gombak Umno Youth chief Megat Zulkarnain Omardin who told reporters that they are Umno members who are willing to die defending the party.

“They must stop insulting the Rulers and the Malays,” said Megat Zulkarnain.

He added that Umno Youth's patience was running out.

The group also tried to stop DAP lawmakers from speaking to the press, challenging them to engage directly with the Umno Youth leaders present.

Backbenchers Club president Datuk Seri Tiong King Sing later met the group and urged them to disperse.

The Bintulu MP said he regretted that such an incident happened inside the Parliament compound and hoped that security would be beefed up.

“They were provoked, but they should know how to handle it and not get emotional,” said Tiong, who claimed that he did not know the reason why the group had gathered.

“I heard there was a fight so I came down, but this is still within the Parliament compound so they must respect Parliament,” added Tiong.

Inside Parliament, Karpal angrily denounced the scuffle, calling the youths “gangsters” and complaining that he was delayed for 10 minutes while the security officers did nothing to intervene.

He also demanded to know what measures the Speaker, Tan Sri Pandikar Amin Mulia, would take to ensure safety in Parliament.

“I may be disabled but I will not stand for intimidation,” he said.

The Speaker warned Karpal not to raise his voice and said that he would speak to the police as well as the Home Minister.

A shouting match also erupted with lawmakers from both sides standing up and shouting at the same time.

The BN MP for Pasir Salak, Datuk Tajuddin Abdul Rahman, then offered an olive branch by saying that he agreed with Karpal that such incidents should not happen.

Opposition leader Datuk Seri Anwar Ibrahim also tried to bridge the partisan divide by saying that even if it was a Pakatan Rakyat group which physically attacked a BN member, he would also object.

When contacted by The Malaysian Insider, Umno Youth deputy chief Khairy Jamaluddin said he regretted that the incident took place. “Our official stand is that we don't condone violence towards other politicians especially members of Parliament.” He promised to look into the matter.

Sunday, February 22, 2009

Pakatan leaders question MACC’s motive over probe statement - Star

Feb 22, 2009 By PRISCILLA DIELENBERG, TEH ENG HOCK and LEE YUK PENG

GEORGE TOWN: DAP chairman Karpal Singh is questioning what he described as the “unholy haste” at which the Malaysian Anti-Cor­ruption Commission (MACC) announced it had good and strong evidence against Selangor Mentri Besar Tan Sri Khalid Ibrahim for abuse of power.

“As MP (Bukit Gelugor), I demand to know from the chief commissioner, Datuk Seri Ahmad Said Hamdan, the basis on which he made this very serious statement publicly,” said Karpal Singh.

He said it was a very serious matter for Ahmad Said to publicly announce, before a decision was made to prosecute, that the commission had good and strong evidence that Khalid misused his powers over the maintenance of his personal car and the distribution of 46 cows for slaughter in his Bandar Tun Razak parliamentary constituency.

He would raise the matter in Parliament if he did not get a proper reply, Karpal Singh told a press conference at his legal firm in Green Hall yesterday after his statement was recorded by ASP Mohamad Ismail Jamaluddin in connection with his report lodged on Friday on receiving live bullets and a death threat through the mail.

In Petaling Jaya, Selangor Pakatan Rakyat MPs and assemblymen said the MACC had no right to make a public statement on the probe into the Selangor Mentri Besar before the Attorney-General decided whether to prosecute.

DAP adviser Lim Kit Siang said Ahmad Said should resign because he had taken the “unprecedented step of proclaiming Tan Sri Khalid Ibrahim guilty of corruption.”

Gombak MP Azmin Ali said the usual practice would be for the commission to confirm there was an investigation on an individual or company and leave the rest to the Attorney-General’s Chambers.

Member of Parliament for Subang R. Sivarasa said the commission had damaged its own integrity while Seputeh MP Teresa Kok said it appeared that the commission was trying to help Datuk Seri Dr Mohd Khir Toyo win the Umno Youth elections.

Thursday, February 19, 2009

Emergency rule: What experts say - Malaysiakini

Feb 19, 09 7:38pm

Legal experts today weighed in on the constitutional crisis in Perak, unanimously agreeing that emergency rule should only be used as a last resort in solving the political stalemate in the Silver State.

Dr Abdul Aziz Bari (constitutional law professor)

The law is clear. The speaker is the man of the House, and the House is exercising its power.

BN, of course can challenge the speaker's decision, but I doubt that they can succeed. The speaker's authority is rarely challenged, even in the United States and Commonwealth countries.

Under Article 150 of the Federal Constitution, only the federal government has the power to declare emergency rule.

It is an open secret that the Perak crisis was orchestrated by the federal government, so we cannot rule out the possibility of an emergency rule in the Silver State.

However, although the federal government has the legal right to impose emergency rule in Perak, it is politically insensible to pursue such a course.

People today have seamless access to information and communication, unlike in 1977 when Kelantan faced its own constitutional crisis. BN's popularity is already waning, and the declaration of an emergency rule will only accelerate their decline.

The federal government must also have the king's consent to declare emergency rule. Though traditionally, the king takes the advice of the prime minister, he also has the discretion to refuse emergency rule as he sees fit.

The cause for an emergency rule can be very wide: it can be triggered by political or economical reasons, and even natural disasters.

At the end of the day, the best solution would be to dissolve the state assembly and hold a snap election.

Both governments must consider the welfare of the people at a time when recession is looming. It seems like BN is more preoccupied about clinging on to power.

Dr Shad Saleem Faruqi (constitutional law professor)

Emergency rule should always be the last resort. Apart from emergency rule, there are three other alternatives that may be pursued to break the constitutional deadlock in Perak, of which the first and most obvious one is to hold fresh state elections.

The second option would be for the House to summon the assembly to session and overturn the decision of the special privileges committee.

The speaker may suspend persons on a daily basis but only the House may suspend persons on a long-term basis, in this case, for 18 months.

Under Article 150 (63-64), the Perak sultan may also consult the Federal Court on the best possible course of action.

Malik Imtiaz Sarwar (human rights lawyer)


The recent happenings in Perak bring into focus on the role of the speaker.

On the surface, it appears that V Sivakumar acted within his powers when he referred Zambry Abdul Kadir and the BN executive councillors to the special privileges committee.

This incident also highlights the separation of powers between the executive and the legislature. While the menteri besar may be the single most powerful person in the executive, in the legislature, it is the speaker who is in charge.

No one, including recently appointed menteri besar Zambry, is above the law.

However, in this scenario, it requires interpretation of the relevant laws including the Perak constitution on whether the speaker had acted ultra vires.

We also have to recognise that our laws, including the Perak constitution, are evolving.

If Zambry and his excos do not want to recognise the suspension, then they will have to file an application to court to seek judicial redress. He can also file a notice of urgency for the matter to be heard as it is of public interest.

Today's situation also sees the important role of the speaker. In the past, speakers were dominated by the (BN-led) executive where they would cut out motions by the opposition.

Now it seems Pakatan Rakyat is falling into the trend in the suspension of elected representatives.

Yeo Yang Poh (former Bar Council president)

The only way to solve the constitutional crisis in Perak would be to solve the root of the problem, which is the failure to expeditiously return the power to the people in Perak to decide who should constitute their assemblypersons.

Apart from holding fresh state elections, there are many courses that both Pakatan and BN can pursue.

For example, the suspended BN assemblypersons may continue to perform their exco functions without attending the state assembly, and Pakatan may continue to file suits against BN and deny the legitimacy of their rule in Perak, but such courses will only lead to more political manoeuvres from both sides.

The only sensible, clear-cut solution to this constitutional crisis would be to hold fresh state elections, and let the people decide once and for all the leaders they want.

Regardless of the outcome of the elections, it is one that all parties will have to accept and there will be no more room for ambiguity.

Anwar dakwa BN terus cuba musnahkan Pakatan - MStar

Feb 19, 2009

KETUA Umum Pakatan Rakyat, Datuk Seri Anwar Ibrahim ketika sidang media di lobi Parlimen, hari ini --foto THESTAR oleh Raja Faisal Hishan

KUALA LUMPUR: Penasihat Parti Keadilan Rakyat (PKR) Datuk Seri Anwar Ibrahim hari ini mendakwa bahawa Umno cuba merasuah wakil rakyat di negeri dikuasai pakatan pembangkang untuk memujuk mereka menyertai Barisan Nasional (BN).

Beliau mendakwa kononnya ejen-ejen pemimpin Umno juga menggunakan kaedah tidak beretika lain termasuk mengugut untuk membuat wakil rakyat pakatan tersebut supaya meninggalkan parti masing-masing dalam usaha mereka mahu menjatuhkan kerajaan negeri yang dikuasai pembangkang.

Ketika berucap membahaskan titah ucapan Yang di-Pertuan Agong pada persidangan Dewan Rakyat di sini, Anwar yang juga Ketua Pembangkang mendakwa beliau mempunyai bukti-ibukti yang menyokong dakwaannya.

Beliau memberitahu pemberita di luar dewan kemudian bahawa beliau mempunyai rakaman TV litar tertutup bagi membuktikan ejen-ejen Umno menawarkan rasuah dan akan mengemukakan bukti berkenaan apabila tiba masanya.

Menyentuh mengenai perkembangan politik di Perak, Anwar (PKR-Permatang Pauh) mengulangi pendiriannya tidak bersetuju dengan cadangan Pengerusi DAP Karpal Singh (DAP-Bukit Gelugor) untuk menyaman Sultan Perak Sultan Azlan Shah, sebaliknya bersetuju jika kerajaan negeri yang disifatkannya tidak sah, disaman.

Kerajaan Perak kini dikuasai BN selepas tiga Adun bebas di negeri itu menyatakan sokongan kepada BN yang mempunyai 28 kerusi, menumbangkan pakatan DAP, PAS dan PKR yang juga mempunyai 28 kerusi.

Wednesday, February 18, 2009

Crisis looms: Perak MB, 6 excos suspended - Malaysiakini

Feb 18, 09 6:57pm

The Perak state assembly's special privileges committee today suspended the state's newly-minted menteri besar 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 Malaysians 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.

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 to unlock the current stalemate 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

However, 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.

More news at: www.malaysiakini.com

Nizar vs Zambry: Judge offers to recuse himself - Star

Feb 18, 2009

KUALA LUMPUR: High Court Judicial Commissioner Mohamad Arif Md Yusof has offered to recuse himself from hearing the lawsuit filed by former Perak mentri besar Datuk Seri Mohd Nizar Jamaluddin against his successor Datuk Dr Zambry Abdul Kadir.

Pix courtesy of Malaysiakini

The suit was filed after the Pakatan Rakyat government lost the state to Barisan Nasional with the resignation of three assemblymen from their parties, and the defection of a fourth.

Nizar wants the court, by way of judicial review, to declare him the legitimate mentri besar and for an injunction to stop Dr Zambry or his agents from carrying out the duties and functions of the mentri besar.

At the onset of the proceedings Wednesday, Mohamad Arif said he has been a legal advisor and counsel for PAS on a number of election petition cases. Nizar is a member of PAS, which together with PKR and DAP, makes up the Pakatan alliance.

“I have also been involved in PAS legal matters from time to time, and have advised PKR on legal issues,” Mohamad Arif said.

“I have also acted for Barisan in an election petition in Sarawak,” he added.

“I tend to think that to preserve justice and the integrity of the institution, perhaps I should recuse myself from hearing this matter,” he said.

He set Feb 23 for counsel from both sides to brief him on whether they had any objection to him hearing the matter, as well as on two other issues:

First, whether the matter should be referred to the Federal Court over the question of law for determination and finality, over intepretation of Article 16(6) of the Perak Constitution.

Second, on the standing of Perak’s state legal advisor Datuk Ahmad Kamal Md Shahid acting as counsel for the respondent since Dr Zambry is being sued in his personal capacity.

The five-page suit, filed last Friday, also asks for “punitive, aggravated and exemplary” damages to be awarded to Nizar.

Zambry - dissolve State Assembly or go down in history as the infamous “illegitimate Perak MB” and dragging with him Najib

Feb 14, 2009 Posted by Lim Kit Siang (http://blog.limkitsiang.com/)

Datuk Zambry Abdul Kadir should cut the Gordian knot of the Perak political crisis by agreeing to the dissolution of the Perak State Assembly or he will go down in history as the infamous “illegitimate Perak Mentri Besar” and dragging with him Najib Razak.

If Zambry is a democrat and believes that he has the mandate from the voters of Perak to be Mentri Besar, he should not have any qualm in opting for the only decent, honest and honourable solution to the political crisis – dissolution of the Perak State Assembly to return the mandate to the Perak voters to elect the Mentri Besar and government of their choice.

Zambry should know better than anyone that the illegal and unconstitutional power grab orchestrated by the Prime Minister-in-waiting, Datuk Seri Najib Razak, is a great disservice to the cause of the healthy growth of parliamentary democracy in the country.

This is because Zambry should have realized by now that he has no credibility and legitimacy whatsoever as the Perak Mentri Besar among the people of Perak and Malaysia – which explains why he had such a short fuse in his first media conference as the illegitimate Mentri Besar of Perak on Tuesday.

Najib might have thought that with the toppling of the Pakatan Rakyat state government and the undemocratic power grab in Perak, he has achieved a great coup which will redound to his credit in the UMNO general assembly next month when he is formally anointed Umno President and the sixth Prime Minister of Malaysia.

But he cannot be more wrong. Times have changed. Najib’s calculations might be right if such an undemocratic coup d’etat had been orchestrated in the past half-century, but in the era of the information age, where the people are not only exposed to more information but have higher expectations about accountability, transparency, rule of law, democracy and good governance, the illegal and unconstitutional power grab like the one orchestrated by Najib in Perak is completely unacceptable.

Najib is going to pay a very heavy price as he would be forfeiting the privileges of his First Hundred Days when he takes over as the sixth Prime Minister of Malaysia, for his every word and action as the new Prime Minister will come under the dark cloud because of his undemocratic, illegal and unconstitutional coup d’etat in Perak.

The recent opinion poll by Merdeka Centre that 74% of Perak voters felt that the state assembly should be dissolved to pave way for elections while 76% of voters felt that “the people, through elections” should decide on forming the Perak state government sends out clear and unmistakable messages of the people.

The choice is in the hands of Zambry, whether he wants to go down in history as the infamous “illegitimate Perak Mentri Besar” dragging Najib along with him or whether he is prepared to subordinate personal interests to the higher interests of Perak and democracy by agreeing to the dissolution of the Perak State Assembly to end the political crisis in Perak, which will also release Najib from the millstone of the illegal and unconstitutional power grab in Perak.

Tuesday, February 17, 2009

Elizabeth Wong quits over nude pictures - Star

Feb 17, 2009

PETALING JAYA: Selangor executive council member and Bukit Lanjan assemblyman Elizabeth Wong, whose nude photographs were being circulated, has quit both positions, paving the way for a third by-election within the next two months.

Her decision, announced at the PKR headquarters in Tropicana here Tuesday morning, came after PKR leaders met Monday night to discuss the scandal.

She was also the state exco member in charge of Tourism, Consumer Affairs and the Environment, and the information chief of the Women’s wing of PKR and of her division Petaling Jaya Utara.

The Election Commission has fixed April 7 for by-elections in the Bukit Gantang parliamentary seat in Perak and the Bukit Selambau state seat in Kedah.

Bukit Gantang Member of Parliament Roslan Shaharum of PAS died of a heart attack on Feb 9, while the Bukit Selambau assemblyman V. Arumugam of PKR quit the day before over a marriage scandal.

Wong said in a statement Monday that she was informed last Friday by journalists from a daily that they were in possession of intimate photographs of her and that the daily was about to publish a story about them.

She described the distribution and publication of the materials a malicious attack on her personality, a gross outrage of her modesty and a gross invasion of her privacy.

OCPD Asst Comm Arjunaidi Mohamed confirmed that Wong had lodged a police report Sunday night and said that police were investigating.

He said that Wong had heard about the photographs being circulated from friends and journalists.

“We will be calling everyone involved to give their statements as soon as possible,” he said.

ACP Arjunaidi warned that action would be taken against anyone found distributing the pictures.

“You may face a jail term of up to three years, a fine, or both, under Section 292 of the Penal Code for distributing and having in possession material containing pornographic elements,” he said.

There is talk that the pictures, allegedly snapped without her consent or knowledge, might have been taken and circulated by an ex-boyfriend.

The distribution of her photographs has incensed women’s groups and leaders from both sides of the political divide.

MCA Wanita chief Datin Chew Mei Fun condemned the person or persons responsible, saying:

“We are outraged by such shameful acts of using women as sexual objects. It is an outright invasion of the privacy of women as well as an exploitation of women for political use.”

Chew said taking photographs of bodily parts without consent or knowledge is against the law and punishable under the Penal Code (Act 574) and publishing such pornographic materials in the public domain also constituted to a violation of the same Act.

The Joint Action Group for Gender Equality (JAG) expressed shock over the unauthorised circulation of the pictures, saying that Wong was being victimised as a single woman, in a tactic meant to deliberately cast moral aspersions and indirectly question her ability to carry out her duties as a politician.

The group – comprising Awam, Empower, WAO and WCC – said it hoped to hear strong statements from both Barisan Nasional and Pakatan Rakyat condemning the circulation of sexually intimate photos and videos as a means of practising politics.

Wong, in a personal message on her blog, thanked everyone for messages of support.

“I am grateful for your support and kind words of encouragement, especially from my constituents, my party and Pakatan members, exco members and old friends. This means the world to me.

“I also wish to thank some fellow politicians from the other opposite end of the political divide for their encouragement too,” she said.

Wong won the Bukit Lanjan seat with a majority of over 5,000, the second largest majority won by a PKR state assembly candidate in Selangor, in the general election on March 8 last year.

On Monday, Selangor Mentri Besar Tan Sri Khalid Ibrahim had said that the scandal would not affect Wong’s ability to serve as assemblyman and exco member.

“I have full confidence that she will continue to carry out her duties efficiently,” he said in a statement, adding that in her 11 months in office, she had proven that she could carry out her duties as assemblyman and exco member diligently and intelligently.

Saturday, February 14, 2009

Guan Eng says BN, not Pakatan, which is fighting with Rulers - Malaysian Insider

By Shannon Teoh

PETALING JAYA, Feb 14 — DAP secretary-general Lim Guan Eng tried today to shift the blame for any anti-monarchy sentiments over to Barisan Nasional instead as Pakatan Rakyat parties try to avoid a head-on clash with the Malay Rulers.

"In 1993 when the status of Rulers was brought down, which party initiated the constitutional amendments?

"After March 8, who demonstrated against the Raja of Perlis and the Sultan of Terengganu?" were his questions which he then answered himself. "Umno."

His remarks prior to a briefing for Selangor DAP representatives on the current political climate today came less than 24 hours after Selangor's Sultan Sharafuddin Idris Shah made a public statement backing Perak's Sultan Azlan Shah over the political crisis there.

The Perak Ruler had appointed Umno's Datuk Zambry Abdul Kadir as menteri besar after BN's Feb 5 power grab. It is now a matter before the courts as to whether Datuk Seri Nizar Jamaluddin of Pas has been legally dismissed or he is actually the legitimate MB.

Lim, the Penang chief minister, refused to tread into the minefield of questions over whether both Rulers had acted neutrally and would not acknowledge that the Selangor monarch's address was a call to respect and accept the decisions of the Malay Rulers.

"It is up to your interpretation. If I give you my interpretation, we will not have enough time as I have a meeting," he said.

He explained however that DAP's stand was based on the premise that the people should be the ones who decide who would becomes government.

"It is the people who elect the government and the Rulers give form to the decision of the people. The decision is embodied in the person of the Ruler under the constitution for it to take effect," he said.

Lim stressed that "the Ruler and the people are one," and that the mandate to govern should be given to whoever commands the majority support.

"Datuk Seri Nizar Jamaluddin sued Zambry not the Sultan because it is Zambry who robbed the people of Perak," the Bagan MP said of Nizar's suit filed yesterday, adding that Zambry and BN had made a mockery of democracy by manipulating the process of democracy.

"When 54 per cent voted PR, how can BN, with only 46 per cent of votes, rule Perak? BN leaders should go back to school and learn how to count," he added.

After Perak letdown, DAP goes on the stump - Malaysian Insider

Teng addressing the crowd at the gathering in Malacca last night.
By Baradan Kuppusamy


MALACCA, Feb 14 — Within days of losing Perak to Barisan Nasional, the DAP has dusted off its old playbook, and has begun a series of dinners and rallies to whip up support from the party faithful as it comes under attack from its political rivals.

Party leaders are using these rallies to explain the DAP's and Pakatan Rakyat's position and stand, as well as to explain what happened in Perak.

The party faithful and curious members of the public have been packing these gatherings wall to wall.

In Malacca last night, nearly 1,000 people packed a DAP rally to hear former Perak exco A. Sivanesan explain how Pakatan Rakyat leaders were hounded and pressured with offers of up to RM10 million to defect.

DAP leader and Selangor Speaker Teng Chang Khim spoke about how the Perak speaker had vacated the three seats of defecting assemblymen but the Election Commission had exceeded its powers to refuse to hold by-elections.

He spoke in simple terms, explaining the law as it exists in Perak now, the powers of officials and how the public mandate has been hijacked by the BN through subterfuge.

He however scrupulously avoided dragging in the Perak palace except to to say that the decision of Sultan Azlan Shah to dismiss the PR government and swear in a BN government without a confidence vote in the legislative assembly or call fresh elections was unfair and unacceptable coming from a man of learning and experience.

"We question his actions but we don't question the institution of the monarchy," he said to loud applause from the majority working-class Chinese crowd.

It was left to Malacca Pas deputy commissioner Adly Zahari to raise the thorny issue of derhaka and whether Datuk Seri Nizar Jamaluddin had indeed committed treason by refusing to resign as menteri besar.

Adly explained that Nizar had humbly "begged to disagree" with the Sultan by saying saya mohon derhaka but the mainstream media is portraying the words as an insult to the Sultan.

"Derhaka is begging to disagree, not insulting by brushing him off or refusing to resign," Adly explained. "It is a humble way to disagree."

Deputy Prime Minister Datuk Seri Najib Razak was presented as a Machiavellian wheeler-dealer — the man who engineered the defection and the ouster of the PR government.

There was grudging admission that the PR was now faced with a formidable enemy in Najib, unlike the retiring Prime Minister Datuk Seri Abdullah Ahmad Badawi, who is seen as easy going and unwilling to roll up his sleeves for a fight.

Teng told The Malaysian Insider that the road shows were vital for the DAP and PR to reconnect with their support base after almost a year in office as the government in five states.

"It is almost like a general election… I feel energised to reconnect, to explain what we have done and the new challenges we face in the form of defections, collapse of the Pakatan government and how far things would go," he said.

"There is anxiety and anguish among our grassroots and it is important we all reach out and reassure our supporters," he said.

While all the speakers slammed the defectors — Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong — as "frogs" who from now on must be ostracised and condemned, they were careful to make a difference with PR supremo Datuk Seri Anwar Ibrahim's campaign to persuade BN representatives to defect.

Teng and Adly said unlike BN, PR was not buying defectors or promising posts to win over BN MPs.

"Besides, Anwar has promised that within one year of seizing power through defections Pakatan would hold fresh elections to seek a new mandate," said Teng.

Perak speaker still in Pakatan hands - Malaysian Insider

By Neville Spykerman

Desperate bid: DAP Perak chief Datuk Ngeh Hoo Kam (centre) and State Speaker V. Sivakumar (right) posing with lawyer Leong Cheok Keng, assemblymen and supporters outside the High Court before Sivakumar filed a suit to uphold the resignations of Changkat Jering, Behrang and Jelapang assemblymen and declaring the seats vacant. Pix courtesy of The Star

KUALA LUMPUR, Feb 14 — Perak's constitution makes no provisions for the removal of its legislative assembly speaker and Barisan Nasional is stuck with DAP's V. Sivakumar.

In a statement released in Ipoh yesterday, Sivakumar confirmed he remained the speaker of the Perak state assembly.

According to Selangor Speaker Teng Chang Khim today, the Tronoh assemblyman cannot even be removed (as Perak speaker) by a vote of no confidence.

He said that both the federal and Selangor constitution provide that the speaker shall vacate his office — if the assembly at any time so resolves.

However there is no such provision in the Perak constitution.

The Sungai Pinang assemblyman, who is a lawyer, said Sivakumar can only vacate his office when he ceases to be a member of the Perak Legislative Assembly or if he is disqualified from holding other office, or resigns on his own accord.

Effectively the constitutional deadlock griping the silver state is set to continue.

Sivakumar can, if he chooses, bar former Pakatan Rakyat defectors, who have "resigned" from the assembly, which will effectively reduce BN's majority in the House.

The Perak speaker had previously declared that assemblymen Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong had vacated their seats after he received their resignation letters.

Teng said the trio may have to go to court to break the deadlock but even a ruling in their favour will not change the fact that Sivakumar will continue as speaker.

Excluding the trio, BN will have 28 members in the House to PR's 27, with Sivakumar as speaker.

Should Sivakumar vacate his office for any reason, the House will be considered a hung legislature because the Perak constitution provides the assembly shall transact no business while the office of speaker is vacant other than the election of a speaker.

With no clear majority, BN's Menteri Besar Datuk Dr Zambry Abdul Kadir will have no choice but to seek the dissolution of the House and obtain consent from the Perak Ruler for fresh elections.

However the sentiment of the people is clearly against BN and it would want to avoid statewide elections at all cost.

"I believe they will opt to retain Sivakumar," said Teng.

However the Speaker has wide-ranging discretion in the assembly and Sivakumar has the potential to be a very painful thorn in the side of BN and Zambry.

"The speaker's decision on the Standing Orders cannot be challenged except by way of motion (a lengthy process which includes holding a debate in the House)."

Ironically few people know this better than Teng.

On April 25, 2005 , he was suspended from the Selangor Legislative Assembly following an argument with then Speaker Datuk Seri Onn Ismail.

In an act of defiance Teng threw a copy of the Standing Orders into a bin when Onn rejected his motion of no confidence against then Menteri Besar Datuk Seri Dr Mohd Khir Toyo.

Teng was suspended with no pay for 30 months.

Friday, February 13, 2009

Nizar fail saman mohon injunksi halang Zambry jalan tugas MB - Harakah

Foto Nasir Sudin
Fri | Feb 13, 09 | 1:01:14 pm MYT

KUALA LUMPUR, 13 Jan (Hrkh) - Menteri Besar Kerajaan Pakatan Rakyat Perak, Dato' Seri Ir Nizar Jamaluddin telah memfailkan saman terhadap Dato' Dr Zambry Abdul Kadir di Mahkamah Tinggi Kuala Lumpur hari ini berikutan 'rampasan kuasa' yang berlaku di Perak.

"Kita failkan saman ini di Mahkamah Tinggi Kuala Lumpur hari ini (13 Februari 2009) untuk nyatakan pendirian kerajaan Pakatan Rakyat Perak bahawa kami dianiaya oleh Umno BN yang dipimpin oleh Najib Altantuya (Dato' Seri Najib Tun Razak)," kata Nizar selepas memfailkan saman ke atas Zambry di Mahkamah Tinggi Kuala Lumpur dekat Jalan Duta.

Beliau memfailkan saman bernombor MK25-25-09 di bahagian Pendaftaran Rayuan dan Kuasa-kuas Khas di tingkat satu mahkamah tersebut.

Turut hadir bersama beliau ialah, para peguam antaranya Hanipa Maiden; Exco Kerajaan Pakatan Rakyat Perak, Dato' Ngeh Koo Ham; Nga Kor Ming; ahli Parlimen Titiwangsa, Dr Lo ImageLo Ghazali, Ir Khalid Samad (MP Shah Alam); Dato' Kamarul Baharin Abbas (MP Telok Kemang); Ketua Pemuda PAS Negeri Sembilan, Mohd Taufek Abdul Ghani (Adun Paroi) dan Ahli MT KeADILan, Badrul Hisham Shaharin selain 200 penyokong.

Bercakap lanjut pada sidang media selepas memfailkan saman pada jam 11.30 pagi tadi, Nizar menegaskan beliau dan ahli Exco memfailkan saman untuk menuntut hak mereka selaku kerajaan yang diberi mandat oleh rakyat Perak pada pilihan raya umum lalu secara sah.

"Umno/BN telah melaksanakan rampasan kuasa jadi untuk itu saya ambil tindakan mahkamah untuk menuntut deklerasi atau Imageisytihar perintah bahawa saya adalah dari setiap masa dan material masih MB Perak," tegasnya.

Perintah deklerasi ini katanya sejajar dengan tafsiran fasal 16 (6) daripada Undang-undang Tubuh Kerajaan Negeri Perak, katanya.

Pertamanya beliau menuntut atas sebab dan dalam keadaan keadaan pertamanya beliau selaku MB Perak ingin dan telah memberi naishat kepada Sultan untuk pembubaran Dun Perak.

Keduanya kata beliau tidak terdapat pembubaran Dun Perak sehingga kini, dan ketiga tidak terdapat usul tidak percaya Imageyang diambil dan terima pakai dalam atau oleh Dun Perak, terhadap MB Perak (Nizar).

Seterusnya, keempat tidak terdapat perletakan jawatan MB samada oleh atau telah dikosongkan sehingga kini, katanya.

Justeru writ dikeluarkan kepada responden (Dr Zambry Kadir) memerintahkan responden untuk meminta responden menunjukkan sebab bagaimana di bawah dasar dan di dasar atau kuasa mana responden berhak pegang jawatan MB perak.

Selain responden kononnya bertindak atau menjalankan atau melaksanakan tanggungjawab fungsi MB, katanya.

"Yang keempat responden tidak berhak atau untuk menjawat MB pada bila-bila masa yang material, dan yang kelima perintah injunksi untuk halang responden, agen-agen responden atau pengkhidmmat responden dari bertindak atau jalankan tugas-tugas MB Perak," katanya.

Maka kata Nizar. beliau hadir dengan ahli Exco dan Adun Pakatan Rakyat untuk meminta hak diberikan semula kepada rakyat Perak agar dibubarkan Dun Perak seterusnya menjalankan pilihan raya kecil Dun Perak.

"Saya berterima kasih atas sokongan seluruh, dan kita tunggu keputusan mahkamah secepat mungkin," katanya.

Sebelum mengadakan sidang akhbar, Nizar sempat mengetuai bacaan doa di atas tangga tingkat satu Mahkamah Tinggi tersebut sambil diaminkan para penyokong.

Selesai mengadakan sidang akhbar itu, Nizar bersalaman dengan para penyokong dan pimpinan Pakatan Rakyat yang hadir bagi memberikan sokongan kepada beliau.

Nizar meninggalkan perkarangan mahkamah dengan sempat melambai tangan kepada penyokong sambil melaungkan 'takbir, reformasi dan makkal sakhti' kepada penyokong.

Harakahdaily difahamkan bahawa Nizar akan menyertai solat jumaat di Masjid Kampung Baru tengahari ini./wann

Vote for by-elections fixed for April 7 - Malaysian Insider

KUALA LUMPUR, Feb 13 — The Election Commission today fixed nomination day for the vacant Bukit Gantang parliamentary seat and Bukit Selambau state seat simultaneously for March 29. If there is a contest, voting will be held on April 7.

The nomination day is significant as it falls one day after Datuk Seri Najib Razak becomes Umno president. And polling will be held after Najib becomes PM.

Meanwhile, Perak DAP chief Datuk Ngeh Koo Ham said a scandal-ridden Najib as Umno president will work to Pakatan Rakyat's advantage in both by-elections.

"Under normal circumstances, a new leader would be to Umno's advantage but in this case, because of the scandals connected to him and what he has done in Perak, it will be to our advantage," Ngeh said, referring to Najib's role in unseating the Pakatan Rakyat government in Perak.

He was also hinting to persistent speculation linking Najib to abuse of power in the murder of Mongolian model Altantuya Shariibuu and the billion-ringgit defence purchases.

"There have been so many allegations but he has not allowed any inquiry into them. So he has not cleared his name and it will be to his detriment," Ngeh said.

The senior state executive councillor in the Perak Pakatan Rakyat government expressed confidence that Najib's links to the scandals and what the coalition perceives as a coup d'etat in Perak will be to Barisan Nasional's detriment in both by-elections.

But DAP strongman Lim Kit Siang slammed the Election Commission for setting the date of the by-elections, saying its “another example of its craven subservience to serve Umno interests”.

“Clearly, the fractious and internecine Umno party elections until March 28 had been the primary consideration of the Election Commission when deciding on the two by-election dates,” he said in a statement, pointing out it will be held after Umno party elections and Najib officially taking over Umno and becoming prime minister.

“But these are the very considerations which an independent and self-respecting Election Commission has no business to take into account when fixing election dates, as it has only reinforced strong public perceptions that the Election Commission is a mere Umno creature at the beck and call of the top Umno leadership,” the Ipoh Timur MP said.

He also charged that in the six weeks of being the new Election Commission chairman, Tan Sri Abdul Aziz Mohd Yusof made two decisions that have undermined public confidence in the independence, professionalism and integrity of the commission by rejecting the Perak state speaker’s decision on accepting the resignation of two lawmakers and by deciding the by-election dates for Bukit Gantang and Bukit Selambau.

“The Election Commission should reconsider to fix earlier by-election dates to demonstrate that it is not beholden to any political party’s dictates — even coming from Umno!” Lim declared.

Nizar files suit, supporters throng court - Malaysiakini

Feb 13, 09 11:18am

Hafiz Yatim and S Pathmawathy | Feb 13, 09 11:18am

Pakatan Rakyat leader Mohd Nizar Jamaluddin today filed his suit to challenge the appointment of the new Perak Menteri Besar Zambry Abdul Kadir.

He filed the documents at the High Court's Special Powers and Appellate division at 11.35am, accompanied by his lawyer Leong Cheok Keng

Some 300 people, including opposition politicians and supporters, had gathered outside the Jalan Duta court complex in Kuala Lumpur to express support.

There was also a large media presence and a sprinkling of uniformed cops at the scene.

Nizar arrived at the court complex at 11.20am accompanied by Perak DAP heavyweights Ngeh Koo Ham and Nga Kor Ming.

Supporters applauded and cheered when the trio arrived.

They shouted Hidup Rakyat three times.

Seek judicial review

Nizar filed an application to seek a judicial review and declarations including that he is still the menteri besar. He named BN Menteri Besar Zambry Abdul Kadir as the respondent.

Nizar is also seeking an interpretation of the Perak state constitution whether the MB's post can be vacated in what conditions:

(i) the menteri besar had advised the ruler on the dissolution of the state legislative assembly

(ii) there is no dissolution of the assembly

(iii) there was no motion of confidence performed against him at the state legislative assembly

(iv) there was no resignation made by him.

In his application, Nizar said the writ is quo warranto (by what warrant) on Zambry to show cause under which authority that the BN-designate menteri besar can be the legitimate menteri besar.

Nizar is also seeking a declaration that Zambry had no right to be the menteri besar at any material time.

He is also seeking an injunction to prevent Zambry or his agents from continuing his task and roles as the menteri besar.

Nizar is also seeking punitive, aggravated and exemplary damages be paid on him. He is also seeking cost of the action.

The ousted MB also submitted an affidavit of support in his application where he claimed that he was the rightful menteri besar appointed on March 17, 2008.

He was made to understand that Zambry was appointed as the menteri besar on February 6, 2009.

At all material times, there was no vote of no confidence made against him at the Perak legislative assembly and that he had never agreed to resign or was expelled as the menteri besar.

Nizar claimed he had applied to dissolve the assembly and call for snap elections to resolve the deadlock in the administration of Perak. However, his request was not entertained.

In that situation, he claimed that he is still the legitimate menteri besar of Perak.

However, Nizar claimed that he was prevented to do his job as the menteri besar and was even ushered out of the Menteri Besar's office.

Hence, he is making a representation to all Malaysians that he is the legitimate Perak menteri besar in order not to confuse the people.

Nizar also claimed that Zambry's actions was illegal and unconstitutional in wresting the MB's post from him and taking the responsibility, function and role of the leader of the state executive.

The ousted MB also claimed Zambry did not have the basis, power or authority to hold the post under the Perak Constitution.

While filing the application with Leong, Nizar was seen shaking hands and asking about the welfare of the court staff.

Speaker's affidavit

In his supporting affidavit and that of the state, Speaker V Sivakumar stated that Pakatan Rakyat formed the government after the opposition coalition won the March 8 general election where PAS won six, PKR seven and DAP 18 state seats.

Nizar was appointed menteri besar and Sivakumar the speaker.

Sivakumar in his affidavit said the problem started when Changkat Jering and Behrang assemblyperson Mohd Osman Jailu and Jamaluddin Mohd Radzi resigned on Jan 30, 2009, and he declared the two seats vacant.

He informed the Election Commission to have by-elections for the two seats. On Feb 3, he also received the resignation of Jelapang assemblyperson Hee Yit Foong and declared the seat vacant.

Hence, the position now is that Pakatan Rakyat and BN has an equivalent 28 state seats with no one having a majority.

Sivakumar also verified there was no vote of no confidence against Nizar.

Nizar in his affidavit said there is no remedy to resolve the matter and hence, he had to take the court action.

Claiming that he had a strong case, he felt the application is not vexation, and not abusive of the court process and that he filed the application out of public interest.

By-elections: Nomination on March 29, polling April 7 - Star

Feb 13, 2009


PUTRAJAYA: Voters go to the ballots on April 7 for both the Bukit Gantang parliamentary and Bukit Selambau state by-elections, the Election Commission announced Friday.

Nomination day would be on March 29, Commission chairman Tan Sri Abdul Aziz Mohd Yusof said.

Thursday, February 12, 2009

Rulers can be sued, says Kit Siang - Malaysian Insider

PETALING JAYA, Feb 12 — DAP parliamentary leader Lim Kit Siang has condemned the spate of police reports over party chairman Karpal Singh's stand that Rulers can be taken to court.

The 89 reports accusing Karpal of treason led to him being questioned by police for two hours yesterday.

"This is the height of nonsense in the police and the Home Ministry," said the Ipoh Timur MP in a press statement today, adding that the Rulers can be sued under Malaysia's constitutional monarchy.

The two DAP big guns appeared to have a falling out when Karpal's insisted on suing Sultan Azlan Shah for declaring that Barisan Nasional could form the government in Perak but did not get Lim's support.

After Karpal had criticised Lim at a press conference, the two met to bury the hatchet and while Lim still does not support suing the Perak Ruler in this case, he stated today that it is legal and not an act of treason to bring a monarch to court.

"Are all the law professors and lecturers going to be questioned by the police for teaching their students that Rulers can be sued in court in their official capacities? Are all the judges and the lawyers in the country going to be charged with treason for holding that Rulers can be sued in their official capacities?" he asked.

Instead, the DAP stalwart called on the 89 people who lodged the reports to have investigations opened against them for making "false police reports".

He cited an article in the Star yesterday, where Universiti Teknologi Mara law professor Dr Shad Faruqi wrote that "from Day One of Merdeka, the King and the Sultans were open to civil suit for their official actions. They were only immune personally. In 1993 even the personal immunity was taken away. In sum it is not a violation of the Constitution to resort to the courts to seek an authoritative opinion on one's rights and duties".

"The illegitimate Perak state exco member, Dr Mah Hang Soon, is one of the 89 who should be investigated for lodging a false report against Karpal in his capacity as Perak MCA Youth leader," Lim added.

Pakatan hits out at judicial leaks - Malaysian Insider

By Lee Wei Lian

IPOH, Feb 12 — Pakatan Rakyat senior state executive councillor Datuk Ngeh Koo Ham today slammed a New Straits Times report quoting judicial sources that called its suit to declare vacant two state seats a “political ploy”, saying it was unacceptable for judicial services to leak information.

The report quoted the judicial sources as saying the suit filed by Pakatan Rakyat last week to prevent Barisan Nasional form taking over the state “was nothing but a mere eye wash to appease its supporters” and contained flaws to blame delays on the courts.

Responding to the allegations, Ngeh said Pakatan Rakyat has never accused the courts of any delay and that it was “untenable if the judiciary is leaking information”.

“If any supporting documents are needed, they must ask the applicant,” Ngeh told The Malaysian Insider.

“Based on the story in the NST, it looks like they have pre-judged the case as irregular. It creates an impression that they are leaking things out and that the court wants to be political.”

Ngeh also said if the sources are judges, they should be sacked. “Judges are not supposed to express views until they have heard both sides,” he pointed out.

The New Straits Times report quoting sources said the courts could not proceed with Pakatan’s civil suit based on the following grounds:

- No supporting affidavit was provided. Sources said that without an affidavit to support the originating summons (OS), the deputy registrar was not able to set a hearing date.

- No certificate of urgency was attached to the OS for the High Court to hear the matter urgently.

- Plaintiffs failed to extract sealed copies of the OS to be served to the three respondents. Until the copies are extracted and served, the High Court may not proceed with a hearing.

“There is no way the High Court can proceed given the flaws in the case,” the judicial sources said.

Ngeh responded that there was nothing legally wrong with the documents.

“Because of the urgency, we filed applications without affidavits because affidavits can be filed within 14 days,” he disclosed.

“The certificate of urgency can be filed anytime as and when necessary when we need to be heard immediately.,” the Perak DAP chief said, adding a Pakatan legal team had advised to stay the suit after it was filed last Friday.

“This speculation that we accuse the court of delays is purely a creation of parties out to damage the image and reputation of Pakatan Rakyat.

“The judicial’s role is to hear both sides before making a decision. The sources are disseminating a pre-judged opinion to the media which may border on contempt of court. I urge the chief justice to investigate the matter,” Ngeh said.

Umno penderhaka agung - Harakah

Mohamed Hanipa Maidin
Thu | Feb 12, 09 | 4:16:38 pm MYT

Kini, hampir setiap hari kita mendengar media massa yang dikongkong oleh Umno menuduh Dato' Seri Nizar Jamaluddin sebagai penderhaka. Laporan polis juga telah dilaporkan dibuat ke atas Nizar.

Inilah politik kotor yang dimainkan oleh 'parti kotor' seperti Umno. Baik dulu, kini dan selamanya Umno sering terjebak dalam politik kotor. Politik orang yang tidak bertamadun dan parti yang tidak bermaruah.

Umno penderhaka agung

Jika Umno tidak diserang penyakit 'amnesia' (penyakit mudah lupa) sudah tentu parti tersebut patutnya merasa malu untuk bermain isu derhaka ini. Kerana apa? Kerana jika satu jari Umno menuduh Nizar sebagai penderhaka, maka empat jari Umno yang lain sebenarnya sedang menuding kepada Umno sendiri sebagai "penderhaka par excellence" (penderhaka agung).

Bagaimanakah pemimpin Umno seperti Muhammad Taib boleh dengan tidak malu tumpang sekaki menuduh Nizar sebagai penderhaka sedangkan semua orang tahu beliau adalah "kepala penderhaka" apabila dengan tanpa segan silu sanggup melarikan anak Raja.

Siapakah yang tergila-gila sanggup berarak untuk membawa Tengku Ibrahim dari Kuala Lumpur ke Kota Bharu bagi menggantikan Sultan Kelantan? Siapa lagi kalau bukan penderhaka Umno. Mungkin parti itu menganggap mengganti sultan semudah menukar pengerusi JKKK.

Siapakah yang telah mewujudkan krisis Perlembagaan pada tahun 1983 kalau bukan Umno. Kerakusan Umno mempertahankan kuasa telah mendorong Umno mencadangkan satu pindaan Perlembagaan Persekutuan bagi meminda peruntukkan yang berkaitan dengan kuasa perkenan Yang di-Pertuan Agong dan Raja-Raja serta kuasa Yang DiPertuan Agung untuk mengisytiharkan darurat.

krisis perlembagaan 1983

Pindaan yang dkemukakan pada pertengahan tahun 1983 diluluskan oleh Dewan Rakyat dan Dewan Negara tetapi Yang di-Pertuan Agong enggan menandatangani rang undang-undang Perlembagaan (Pindaan 1983) tersebut setelah baginda berbincang dengan raja-raja yang lain.

Pindaan Perlembagaan 1983 tersebut bukan sahaja mewujudkan krisis perlembagaan tetapi buat kali pertamanya selepas Merdeka raja-raja dan pemimpin kerajaan yang dikuasai oleh Umno mengadakan rapat umum untuk menghentam raja-raja. Rapat umum yang dianjurkan oleh Umno telah meletakkan kedudukan raja dipandang hina masyarakat awam.

Tidak cukup menghina raja-raja pada tahun 1983, Umno sekali lagi dengan rakus bertembung dengan raja-raja pada tahun 1990. Pertembungan tersebut berlaku selepas Umno kalah teruk di Kelantan pada Pilihan Raya Umum (PRU) 1990. Mana-mana orang yang tidak buta sejarah seperti pemimpin Umno tentu tidak dapat melupakan bagaimana Perhimpunan Agung Umno pada tahun 1991 menyaksikan kritikan-kritikan yang pedas, tajam, kurang ajar dan tidak beradab terhadap raja-raja Melayu.

Pihak istana Kelantan dibidas dengan terbuka dan dituduh bertanggungjawab terhadap kekalahan calon-calon BN di tangan calon-calon Angkatan Perpaduan Ummah (APU). Bukan sahaja Sultan Kelantan dibidas dengan tajam dan pedas, raja-raja lain turut menjadi bahan kritikan dengan pelbagai tuduhan seperti menyalahgunakan kedudukan untuk mendapat kelebihan dan peluang perniagaan, mencampuri hal ehwal pentadbiran dan sebagainya (lihat Far Eastern Economic Review 28/11/1991 m.s. 13).

Semasa krisis itu juga, media-media massa tajaan Umno membangkitkan kembali krisis beberapa orang Sultan dan Menteri Besar Umno seperti yang berlaku di Perak pada tahun 1997; (Tan Sri Ghazali Jawi enggan meletak jawatan apabila diperintah oleh Sultan Perak mendorong baginda enggan bercukur jambang sehingga Menteri Besar tersebut meletakkan jawatan); dan di Pahang pada tahun 1979 (membabitkan Datuk Rahim Abu Bakar).

juara menderhaka

Kalau tidak cukup bukti-bukti di atas yang secara jelas menunjukkan Umno sebagai juara menderhaka kepada raja, saya ingin membawa para pembaca pula kepada pindaan Perlembagaan tahun 1993.

Pindaan Perlembagaan tahun 1993 melibatkan isu cubaan Umno untuk menghapuskan imuniti raja-raja. Keputusan Majlis Raja-Raja yang meminta masa untuk mengkaji cadangan pindaan tersebut tidak disenangi oleh Umno. Apa yang berlaku selepas itu seperti mana yang diketahui umum; media-media massa yang dikawal oleh Umno menyiarkan kenyataan tidak bersopan dan beradab beberapa orang Menteri yang mendedahkan apa yang didakwa sebagai salah laku raja-raja dan anggota kerabat Diraja tertentu.

mengaibkan raja-raja

Sekali lagi Umno mengulangi taktik mengaibkan raja-raja seperti mana yang dilakukan semasa krisis Perlembagaan tahun 1983.

Bersandarkan bukti-bukti di atas, kini sipenderhaka Umno yang sama tanpa segan silu menuduh Nizar pula sebagai penderhaka.

Ya, memang benar Nizar mengakui telah "menyembah sembah derhaka" semasa beliau diminta oleh Yang Mulia Tuanku Sultan untuk mengundur diri daripada jawatan Menteri Besar Perak. Apabila seseorang tidak bersetuju dengan titah sultan menjadi adat dan bahasa istana seseorang akan menyatakan "hamba memohon untuk menyembah sembah derhaka".

"Sembah derhaka" bermaksud tidak bersetuju dalam bahasa rakyat. Di dalam mesyuarat Majlis Raja-Raja Menteri-Menteri Besar saya difahamkan dipanggil "hamba tua" . Ini bahasa istana dan nak buat macam mana?

jahil bahasa istana

Malangnya Umno yang jahil dengan bahasa istana menganggap Nizar sebagai derhaka apabila memohon "menyembah sembah derhaka� . Naif dan ceteknya pemikiran Umno.

Nizar memohon menyembah derhaka kepada Yang Mulia Tuanku Sultan kerana beliau berpandangan Sultan tidak mempunyai kuasa memecatnya. Ini kerana berdasarkan Perkara 16(7) Perlembagaan Negeri Perak, secara jelas memperuntukkan bahawa tidak sepertimana ahli-ahli Exco Kerajaan Negeri yang memegang jawatan dengan kerelaan sultan (at his pleasure) yang membolehkan para exco boleh dilantik dan dipecat oleh Sultan pada bila-bila masa, jawatan Menteri Besar adalah berbeza dengan jawatan exco. Dengan lain perkataan jawatan Menteri Besar tidak dipegang di atas keredaan sultan.

Menteri Besar seperti Nizar hanya boleh diminta untuk meletakkan jawatan sebagai Menteri Besar sekiranya beliau telah tidak lagi mendapat kepercayaan (ceases command of confidence) kebanyakan ahli-ahli Dewan Undangan Negeri Perak seperti mana yang diperuntukkan di dalam Perkara 16(6) Perlembagaan Negeri Perak.

Persoalannya bagaimanakah kaedah untuk menentukan seseorang Menteri Besar itu telah tidak lagi mendapat kepercayaan kebanyakan ahli-ahli Dewan Undangan Negeri menurut perpektif undang-undang?

Apa yang berlaku pada kes Nizar ini samalah seperti yang berlaku kepada Ketua Menteri Sarawak pada tahun 1966. Di dalam kes Stephen Kalong Ningkan lwn Tun Abang Haji Openg & Tawi Sli (1966) 2 MLJ 187, Mahkamah Tinggi Borneo telah memutuskan bahawa di bawah Perlembagaan Negeri Sarawak (sama seperti Perlembagaan Negeri Perak) "lack of confidence may be demonstrated only by a vote in the Council Negeri" (kehilangan kepercayaan hanya boleh ditunjukkan melalui undi tidak percaya di dalam sidang Majlis Negeri (sama seperti Dewan Undangan Negeri)).

undi tidak percaya

Oleh itu Nizar mempunyai sebab yang kukuh untuk enggan meletakkan jawatan. Di dalam kes di Perak kekuatan BN dan Pakatan Rakyat sama iaitu masing-masing 28 kerusi. Ketiga-tiga bekas Adun Pakatan Rakyat hanya menjadi Adun Bebas dan bukannya Adun BN. Maka isu sama ada ketiga-tiga Adun berkenaan dikatakan menyokong BN mestilah dibuktikan melalui undi tidak percaya di dalam sidang Dun.

Terdapat keraguan sepertimana yang diakui oleh SPR sama ada ketiga-tiga Adun ini masih boleh dianggap sebagai Adun kerana terdapat bukti yang kukuh mereka telah meletakkan jawatan sebagai Adun seperti mana surat mereka yang telah ditandatangani dan dialamatkan kepada Tuan Speaker.

Berdasarkan Perkara 35 Perlembagaan Negeri Perak, surat perletakan jawatan ketiga-tiga Adun tersebut adalah sah. Hatta jika terdapat keraguan sekalipun sama ada ketiga-tiga Adun tersebut masih boleh dikira Adun atau tidak, badan yang boleh menentukan kelayakan ketiga-tiga Adun tersebut hanyalah Dun Perak seperti mana yang diperuntukkan di bawah Perkara 33(1) Perlembagaan Negeri Perak yang secara jelas menyatakan: "Jikalau berbangkit sebarang masalah adakah seseorang ahli Dun itu telah kehilangan syarat menjadi ahli, maka keputusan dewan itu hendaklah diambil dan hendaklah muktamad".

Dun tentukan status Adun

Jelas Dun Negeri Perak dan bukannya SPR yang berhak menentukan sama ada ketiga-tiga Adun tersebut masih layak sebagai Adun atau tidak dan keputusan Dun tersebut adalah muktamad. Apa yang malang tatkala Y.M. Sultan melantik Menteri Besar yang baru, Dun Perak masih belum lagi memutuskan tentang status kelayakan ketiga-tiga Adun tersebut. Dalam keadaan tersebut terdapat keraguan yang munasabah sama ada Nizar telah dikatakan hilang keyakinan majoriti ahli-ahli Dun Perak.

Atas dasar itulah Nizar mempunyai asas yang kukuh di sisi undang-undang untuk memohon kepada Tuanku Y.M. Sultan untuk "memohon menyembah sembah derhaka" untuk enggan meletakkan jawatan sebagai MB Perak. Malangnya "sembah derhaka" tersebut difahami oleh sipenderhaka Umno sebagai derhaka.

Nizar to vacate official residence in 10 days

Feb 12, 2009 By SYLVIA LOOI and CLARA CHOOI

Statement to the media: Nizar speaking during his press conference at the Mentri Besar’s official residence in Ipoh yesterday. With him are (seated from left) former senior executive council member Datuk Ngeh Koo Ham, former state executive councillor A. Sivanesan and Nga Kor Ming.

IPOH: After almost two weeks of staying on in the Mentri Besar’s official residence, former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin has agreed to vacate the house within 10 days.

Nizar told reporters at a press conference at the official residence here on Thursday, he wanted to leave with dignity.

“My family and I will rent a place in Ipoh near my children’s school,” he said, adding that he was giving up the house in accordance with the law.

“By me surrendering the house, it will not jeopardise the case that we are filing at the High Court tomorrow (Friday),” he added, noting that he and the Pakatan Rakyat excos would operate from his rented place and the PR state headquarters.

To a question, Nizar said state secretary Datuk Dr Abdul Rahman Hashim had called him on Wednesday requesting him (Nizar) to relinquish the house.

“Out of respect, I agreed to leave,” he said, adding that incidents in the past week had turned the official residence into a symbol of the legitimacy of the Pakatan state government.

Nizar also said all the state’s former Pakatan Exco members would leave the 11 remaining Toyota Camrys for safe keeping at the official residence on Saturday.

“We are doing so as we respect the laws that we have,” he said, adding that the Pakatan Excos were no longer using the cars.

“After handing over the cars, we will use public transport, motorcycles or our own cars for official duties,” he added.

Asked why the former Excos did not hand over the cars at the state secretariat, Nizar said: “We felt that the official residence was the most appropriate place to hand over the rakyat’s belongings.”

He added that it was up to the Barisan Nasional state government to come to the official residence to claim the cars.

On another matter, Nizar stressed that Pakatan was not involved in the mammoth gathering said to be planned for Friday at Kuala Kangsar.

However, when asked if he would urge supporters not to attend the assembly, Nizar said it was their choice.

K'jaan Pakatan Perak berjaya selesai isu-isu tertunggak... - Malaysiakini

Feb 11, 09 1:40pm

Sepanjang 10 bulan mentadbir Perak, kerajaan negeri telah dapat menyelesaikan dalam masa yang singkat, isu-isu yang sudah lama tertunggak, kata Presiden Majlis Peguam, Datuk S Ambiga.

Katanya, antara isu-isu yang dapat diselesaikan oleh kerajaan negeri Pakatan Rakyat Perak ialah:

* Sebagai menteri besar, Datuk Seri Mohd Nizar Jamaluddin membatalkan kesemua aktiviti membalak dan perladangan di kawasan Orang Asli di sekitar Gopeng yang menjejaskan lebih 2,000 penduduk Orang Asli.

* YB Sivanesan mengumumkan pemulangan kira-kira 400 ekar tanah nenek moyang Orang Asli kepada masyarakat tersebut, yang telah diperuntukan untuk aktiviti pembalakan oleh kerajaan sebelumnya di Mukim Teja dekat Gopeng.

* Kerajaan negeri telah mengumumkan pemulangan kira-kira 500 ekar tanah nenek moyang Orang Asli kepada masyarakat Orang Asli Kampung Chang Sungai Gepai di Bidor, yang telah diperuntukkan sebagai tapak Taman Botani, oleh kerajaan sebelumnya.

* Sebuah pasukan khas mengenai hak tanah Orang Asli ditubuhkan untuk mengiktiraf secara rasmi semua tanah adat Orang Asli di Perak. Pasukan itu mempunyai dua peringkat. Peringkat kedua dikendalikan secara eksklusif oleh masyarakat Orang Asli sendiri dan dewan mesyuarat di bangunan SUK disediakan untuk kegunaan Orang Asli.

* Kerajaan negeri telah melantik seorang pegawai khas Orang Asli bagi negeri Perak yang ditugas untuk menyelesaikan semua masalah yang dihadapi Orang Asli di negeri tersebut.

* Mengadakan siri perbincangan dengan rakyat dan NGO mengenai aktiviti pembangunan di Ipoh. Sebagai contohnya, pandangan awam diminta berhubung cadangan pembangunan Pasar Yau Tet Shin.

* Penduduk Melayu dan Cina di kampung baru dan kampung tersusun diberi hakmilik kekal secara berperingkat.

Ambiga berkata, Majlis Peguam gembira melihat hasil-hasil yang positif yang dicapai dalam tempoh masa yang singkat untuk menangani isu-isu terbabit.

"Kita berharap kepentingan yang sama akan diberikan terhadap perkara-perkara berkenaan dan terus dilaksanakan tanpa sebarang kelewatan," katanya dalam satu kenyataan hari ini..

"Malah, kita menggesa kerajaan negeri supaya bersikap pro-aktif berhubung isu-isu yang membabitkan Orang Asli, masyarakat yang terpinggir dan kurang bernasib baik," katanya.

PAS: Sultan perkenan Arumugam berundur - Malaysiakini

Jimadie Shah Othman | Feb 11, 09 8:11pm

PAS mendakwa Sultan Kedah memperkenankan V Arumugam berundur dan "tidak timbul sebarang keraguan" berhubung kesahihan pelepasan jawatannya sebagai exco kerajaan negeri dan wakil rakyat Bukit Selambau.

Ketua Penerangan PAS Datuk Mahfuz Omar berkata, Istana Anak Bukit telah mengeluarkan surat perkenan berhubung peletakan jawatan Arumugam.

Kandungan surat itu yang dikeluarkan Isnin lalu bagaimanapun tidak dijelaskan.

Mahfuz diminta mengulas laporan sebuah akhbar harian yang menyatakan Arumugam diperintah hadir menghadap baginda, bimbang peletakan jawatannya tidak dibuat dengan sukarela.

Setiausaha kanan kepada menteri besar Kedah ketika dihubungi Malaysiakini mengesahkan menerima surat perkenan itu kelmarin.

"Sultan telah perkenan pada 9 Februari. Ada surat daripada pejabat Tuanku pada jam 6.30 petang. Tidak timbul Tuanku hendak memanggilnya (Arumugam) menghadapnya," kata Sanusi Mohd Noor.

Pada hari yang sama, Menteri Besar Datuk Seri Azizan Razak mempersembahkan surat Arumugam bersama akuan berkanunnya kepada Sultan Kedah dan seterusnya mengumumkannya kepada media.

Pengumuman itu bagaimanapun tidak dibuat serentak, sebaliknya pada dua majlis berasingan – satu di sebelah petang, manakala satu lagi malam.

Speaker Dewan Undangan Negeri (DUN) Datuk Dr Abd Isa Ismail dilaporkan berkata, Azizan telah menyembahkan perkara itu kepada Sultan Kedah pada hari yang sama.

Ditanya sama ada surat dari istana itu perlu dikemukakan kepada Suruhanjaya Pilihanraya (SPR) supaya tidak timbul sebarang keraguan mengenai peletakkan jawatan Adun berkenaan, Sanusi berkata "tidak perlu".

Sebaliknya, menurut beliau, Speaker hanya perlu mengeluarkan surat memaklumkan kekosongan itu kepada suruhanjaya itu.

Dihubungi petang ini, Dr Abdul Isa berkata beliau berpuas hati dengan surat Arumugam yang diterimanya.

Tambahnya, surat itu turut disokong oleh akuan bersumpah beliau, menyebabkan tidak ada sebab untuk meragui isi surat tersebut.

"Mengikut peraturannya, SPR kena ikut sahaja. Apabila speaker kata kosong, speaker kena ambil tanggungjawab itu," katanya.

Sementara itu, setiausaha PAS Kedah Muhammad Yusuf Husin pula enggan mengulas mengenai laporan akhbar itu kerana tidak mengetahuinya.

Senator itu berkata, pihaknya juga tidak cuba berhubung dengan bekas Adun itu, tetapi beliau tidak pasti jika pejabat menteri besar pernah berusaha berbuat demikian.

Beliau berkata, tidak ada keperluan menghubungi Arumugam kerana beliau "telah letak jawatan".

"Beliau tidak mahu diganggu. Kita tidak perlulah ganggu dia," katanya.

Osman goes missing after leaving hospital - Star

Feb 12, 2009

IPOH: Changkat Jering assemblyman Mohd Osman Jailu, who has been issued with an arrest warrant after failing to turn up at his corruption trial, seems to have gone missing.

The PKR-turned-independent as-semblyman had not made it to the magistrates court here on Tuesday as he was apparently under observation for a heart ailment at the intensive care unit of a hospital in Kuala Lumpur.

However, checks with the registration unit of the Selayang Hospital, where his lawyer had claimed he was being warded, showed that he had been discharged at about 12.35pm the same day of the trial.

Yesterday, calls made to Mohd Osman’s mobile phone and that of lawyer Abdul Roni Rahman proved futile as the phones had been switched off.

Former PKR colleagues claimed that they had not heard from Mohd Osman since the time he defected.

His name was also not found on the guest lists of the several hotels here after he had been rumoured to be staying at.

A Malaysian Anti-Corruption Commission official confirmed yesterday that a warrant of arrest issued against Mohd Osman had not been cancelled.

He said no medical certificate had been faxed to the court or the commission by Mohd Osman or the hospital.

More than 84 reports: Police quiz Karpal - Malaysiakini

S Pathmawathy | Feb 11, 09 5:10pm

DAP veteran Karpal Singh was today summoned to the Kuala Lumpur police headquarters in connection with the avalanche of police reports filed against him.

Kuala Lumpur police chief Muhammad Sabtu Osman said more than 84 police reports have been filed throughout the country against the opposition leader.

The reports were in response to the veteran lawyer's intention to file a legal suit against Perak ruler Sultan Azlan Shah over the political turmoil in the state.

The wheelchair-bound politician, who spent more than two hours at the police headquarters, told reporters that he was called in pertaining to two reports lodged in Kuala Lumpur and Penang respectively.

"I have done what is in my capacity as a people's representative and for the good of the country, now it depends on the attorney-general to take the necessary action," he said.

Umno Youth warned

Karpal also warned Umno Youth, which staged a demonstration outside his office yesterday, to be prepared to face the consequences of their action.

"If it is found that what I have done does not contravene any law, then they who filed the police reports stand for lodging false police reports," he said.

The veteran politician also called on Inspector-General of Police Musa Hassan to carefully evaluate the reports before taking any action.

As for taking the sultan to court, Karpal said: "As far as I am concerned the sultan can be taken to court as I was initially charged to look into the matter but (Opposition Leader) Anwar (Ibrahim) and Pakatan Rakyat feel that the sultan must not be sued."

"In my opinion, he (the sultan) must be sued because there is no other way out to put out that the sultan's action were unconstitutional," he added.

He said Pakatan Rakyat leaders have instructed another panel of lawyers to look into the legal avenues of the crisis in Perak

Stressing that his stand remained the same, Karpal however noted that he cannot file the suit against the sultan in his personal capacity.

He also called on Sultan Azlan, who was once a lord president, to clear the air on whether he could be sued.

'We were there to protect him'

During a press conference at the same venue earlier, Muhammad Sabtu slammed Karpal for making false remarks about the police.

He was referring to Karpal's allegation that the police were 'cooperating' with the protesters who gathered outside his office.

"He (Karpal) had alleged that one of my police officers had told him that although the protest was illegal, the police had orders from their superiors not to disperse the crowd," he said.

Refuting this, Muhammad Sabtu said the police were there to protect Karpal, his staff and his property.

"Karpal made a personal statement... the police have investigated the protest which did not have a permit and a police report was lodged yesterday," he added.

He said the police have identified the organiser of the protest who is Bukit Bintang Umno Youth chief Tengku Azman Tengku Zainal Abidin.

Muhammad Sabtu said the organiser and those behind the protest would be called in for questioning over the next few days.

"The police is colour blind in performing our duties, we don't differentiate according to race. Imagine if the police were not there to keep the peace and protect him (Karpal) ... what would have happened if the crowd grew unruly?" he asked.

He also said that if Karpal files an application for police protection, the police would definitely consider this.

However, Karpal later refuted the police chief's remark about the police not being ordered to allow the demonstration to proceed.

"I cannot be intimated, I won't be intimated. Protest is not our culture, be a gentleman and submit a memorandum," he said.

ADUN Changkat Jering tidak dimasukkan ke HKL - Pengarah - MStar

Feb 12, 2009

KUALA LUMPUR: Pengarah Hospital Kuala Lumpur (HKL), Datuk Dr. Zaininah Mohd Zain hari ini menafikan bahawa Ahli Dewan Undangan Negeri (ADUN) Changkat Jering, Mohd Osman Jailu telah dimasukkan ke hospital itu baru-baru ini.

"Dia tidak pernah dimasukkan ke HKL," katanya ketika mengulas dakwaan adik Mohd Osman bahawa abangnya gagal hadir perbicaraan kes rasuahnya di Mahkamah Majistret di Ipoh semalam kerana dia dimasukkan ke HKL.

Menurut Norliza, abangya dimasukkan ke unit rawatan rapi pada malam Isnin.

Bagaimanapun, Norliza gagal menunjukkan sijil cuti sakit dengan mendakwa abangnya berada di bawah pengawasan doktor.

Majistret Sharmila Abdul Samad mengeluarkan waran tangkap ke atas Mohd Osman selepas Norliza memberitahu mahkamah bahawa abangnya dimasukkan ke hospital kerana masalah jantung. BERNAMA

Wednesday, February 11, 2009

Pakatan to defy ceramah ban in Perak - Malaysian Insider

Feb 11, 2009 By Adib Zalkapli and Lee Wei Lian

KUALA LUMPUR, Feb 11 — Despite a state-wide ban on political ceramahs, Pakatan Rakyat leaders vowed to defy police orders in Perak and said the ban was a sign of Barisan Nasional’s desperation to win the upcoming Bukit Gantang by election.

“We will defy this unfair rule. This is a calculated move to curb dissenting voices,” said PKR information chief Chua Tian Chang, adding that the ban would not stop the party from campaigning.

“I have expected the whole scenario; it is like a replay of Mahathir era in 1999 to 2000. This is a start of the series of crackdown. They want to have an unfair edge,” the Batu MP told The Malaysian Insider.

“It is a reflection of how desperate the government is,” said PKR vice president Dr Lee Boon Chye.

The Gopeng MP said the party would proceed with all the planned rallies in the state, but admitted that the ban would affect the party’s machinery in the Bukit Gantang by-election.

“Certainly it will affect our machinery with attacks from mainstream media, we will be at a disadvantage, but I don’t think voters will be fooled,” said Lee.

Meanwhile, Pas’ Asmuni Awi said the ban should not include ceramahs inside the party’s premises.

“Then it is too much and would be like putting Perak under siege. It won’t do any good. They are doing this due to impending elections in Bukit Gantang. We always do ceramahs well in advance and do not wait till after nomination day,” said the Perak Pas deputy chief.

Asmuni said ceramahs are the only way for the party to reach out to the public.

“The mainstream media is slandering us saying things like we are betraying the Sultan. But it is our right to defend ourselves. The mainstream media is very much influenced by the ruling party,” he said.

However Perak Umno believes that holding ceramahs is not the only way to campaign in a by-election.

“We can always do house to house visits, ceramah is only one of many things you can do in a campaign,” said Perak Umno secretary Datuk Ramly Zahari in urging all parties to abide by the rules.

Earlier today, Inspector General of Police Tan Sri Musa Hassan reportedly said that the police have banned any political rally in Perak until the political situation in the state improves.

Perak is in a constitutional crisis and political impasse as Pakatan Rakyat Menteri Besar Datuk Seri Nizar Jamaluddin has refused a royal command to resign after the coalition lost its slim majority to Barisan Nasional when three lawmakers defected.

Sultan Azlan Shah has sworn in Barisan Nasional’s Datuk Zambry Abdul Kadir as the state’s 11th Menteri Besar.

Perak Pakatan to file suit in KL - Star

Feb 11, 2009 By SYLVIA LOOI

IPOH: Perak Pakatan Rakyat will file a legal suit to challenge the validity of Datuk Dr Zambry Abdul Kadir as Mentri Besar in Kuala Lumpur Thursday.

State DAP secretary Nga Kor Ming said Pakatan was worried about the impartiality of High Court judges in Ipoh if the case were to be filed here.

“All documents related to the suit is ready,” he said on Wednesday.

Pakatan is seeking a declaration that the swearing-in of Dr Zambry as mentri besar was illegal and wrong in the eyes of the law.

Under the Perak Constitution, unless there is a vote of no confidence against Datuk Seri Mohammad Nizar Jamaluddin in the state assembly, he would still be considered the mentri besar, Nga said.

He argued that any government formed without the approval of the assembly would be considered illegal.

Nga, who is also Pantai Remis assemblyman, also claimed that in this case, any agreements signed by the Barisan Nasional state government might be considered illegal as well.

Political stalemate in Perak to harden as Bt Gantang By-Election looms - Suara Keadilan

Feb 11, 2009

By Wong Choon Mei

The political stalemate in Perak is set to deepen as arch rivals Pakatan Rakyat and Barisan Nasional begin preparations for the Bukit Gantang parliamentary by-election.

Sharply in focus and under the microscope will be the roles played by the Perak Sultan and Deputy Premier Najib Abdul Razak - both of whom many Perakians blame for stage-managing the ouster of popular Pakatan Menteri Besar Nizar Jamaluddin and his team.

Against this background of increasing public animosity, the BN Menteri Besar Zambry Kadir proposed by Najib and confirmed by the Sultan, may find it tough to govern the state, especially with Bukit Gantang looming large in the conscience of Perakians.

“It was a modern-day coup,” said Pakatan leader Tian Chua. “The Perak people were robbed of their democratic rights to elect the leadership they wanted. The BN line-up is also completely unrepresentative of the state’s demographic make-up.

As both coalitions raise the rhetoric in the run-up to the by-election due to be held within the next 60 days, all eyes will also be on how Nizar and his team fare in the coming weeks. So far, there has been only one major incidence of violence breaking out during a street protest.

But there is increasing concern that a desperate Najib might order even more aggressive police action to evict the immensely popular Nizar from his official chief minister’s residence, where thousands of supporters have gathered for mammoth rallies and ceramahs.

“Nizar has no choice. He is duty-bound to keep fighting for the rights of the Perak people and keep insisting on the snap election that he was entitled to, but was mysteriously denied by the Sultan,” said Tian.

A public judgement on Najib, Perak Sultan

The Bukit Gantang by-election is seen as an acid test for both BN and Pakatan.

It will also be a sharp reflection of how Perakians and by extension, the rest of the nation, feel about Najib’s suitability as a leader for the country. Sadly and additionally, it will be seen as a public judgement on the Sultan’s conduct in the entire episode.

Both have been denounced by civil society groups, critics, and the public to the extent that high-profile functions earlier scheduled and featuring either had to be skipped or postponed.

Said law professor Abdul Aziz Bari: “What was done by the BN in Perak was some kind of blitzkrieg, to use Hitler’s strategy during World War II.

But there was no need to do that as there was still a government (Nizar and team) and they had just filed an application in court to determine the status of the three lawmakers (who defected from Pakatan to support Najib).

“Here lies the role of the Sultan; namely to weigh the options properly and avoid being seen as taking side. As of now, one cannot see how the palace can say it is neutral and impartial.

“It is time for BN to stop using the palace. It must now learn how to survive on its own as required by both the Ccnstitution and democracy.”

Playing the racial card, hiding behind the Palace

A small coastal town near the northern tip of Peninsular Malaysia, it has a voter base of about 55,471 - of which 64 percent are Malays, 27 percent Chinese and nine percent Indian. The seat fell vacant following the sudden death of its PAS MP Roslan Shahrum on Monday.

Opinion has been mixed about whether the Malay or non-Malay vote will decide the winner come polling day, due to be set by the Election Commission on Friday.

But more fore-telling of the future will be the way the Malays vote here, a core Umno heartland until the March 2008 general election.

The late Roslan wrested the seat from Umno treasurer and corporate bigwig Azim Zabidi with a majority of 1,566 votes, but Umno-BN can be relied on to play on racial sentiments to gain the upperhand.

Already, Umno has been loudly championing and defending Perak Sultan’s controversial decision in its favour, hoping this can galvanise the community - which traditionally revers the monarchy - against the more progressive philosophies of the Pakatan..

Said political analyst Ong Kian Ming: “Some may argue that the Malay vote in Bukit Gantang is fully capable of swinging at least a few percentage points in favour of the BN.

“The BN would campaign on the basis that the Perak government is now firmly back in the hands of the ‘Malays’, making the not so subtle point that DAP was dominating the previous state government.”

Mini-budget to fund election goodies?

Who will be fielded to battle it out in Bukit Gantang is also the topic of hot debate throughout the state and country.

There have been calls for Nizar to take on Zambry for the parliamentary seat. Currently, both only hold state seats, and therefore are eligible to contest.

If their parties do decide to field them, then chances favour Nizar although it is still too early to tell, given that Najib and Umno-BN control the vast federal machinery and can use it to their advantage.

“To me, it is not right for the Perak MB to contest as he is already an elected representative,” said PAS spiritual adviser Nik Aziz Nik Mat, downplaying talk that Nizar would get the slot.

Meanwhile, Najib, who is also finance minister, can be expected to announce a string of election goodies, worth hundreds of millions of ringgit to entice the Chinese and Indian voters in Bukit Gantang, just as he did in last month’s Kuala Terengganu by-election.

Already, there are reports in the BN media of a soon-to-be unveiled mini-budget that could top the RM10 billion mark, and push the national fiscal deficit way above the record high of 5.5 percent.

“Najib was not shy to use funds from the previous RM7 billion economic stimulus package to allocate project funds to Umno assemblymen in Perak to ensure their allegiance,” said a political analyst.

“Now with so much more on the line in Bukit Gantang, and another by-election in Bukit Selambau in Kedah due around the same time, do you wonder why a second economic stimulus package is not enough but a full-fledged mini-budget has to be undertaken?”

Long trail of power grabs in Malaysian states - Sun

Comment by Zainon Ahmad

WHAT is happening in Perak has a striking similarity to what happened in Sarawak in 1966. Less striking but similar are the train of events that led to the collapse of the PAS government in Terengganu in 1961 and the Parti Bersatu Sabah government in Sabah in 1994.

The Alliance government that ruled Sarawak after it became part of Malaysia was led by SNAP secretary-general Datuk Stephen Kalong Ningkan, an Iban. His independent ways led to strained relations with the federal government. Matters came to a head after he sacked Taib Mahmud (now Tan Sri), a member of his state cabinet, accusing him of undermining his government. Taib, at the head of a delegation of 21 Council Negeri members (state assembly members), flew to Kuala Lumpur on June 12.

With the support of the federal Alliance leaders, a letter signed by the 21 was dispatched to state governor Tun Abang Haji Openg prevailing upon him to sack Ningkan which he subsequently did. The chief minister protested and refused to budge until after a new chief minister, Penghulu Tawi Sli, was sworn in.

In July he pulled SNAP out of the Alliance and filed a suit against the governor and the new chief minister that in sacking him they had violated the state constitution. On Sept 7, 1966 the High Court ruled that that Ningkan continued to be the lawful chief minister of Sarawak since he had not suffered a vote of no confidence in the Council Negeri. It said the "no-confidence letter" shown to the governor was no substitution for the confidence vote in the Council Negeri.

But by the time Ningkan resumed the office of chief minister some of his supporters in the Council Negeri had crossed over to "the other side". He unsuccessfully appealed to the governor to dissolve the council.

Meanwhile, another "no-confidence letter" signed by 25 Council Negeri members was submitted to the governor who then requested the chief minister to resign which he refused. The federal government declared a state of emergency in Sarawak giving as reason the communist threat in the state. Using the wide discretionary powers he had during the emergency, the governor sacked Ningkan. Penghulu Tawi Sli returned as chief minister with Taib as his deputy.

In Terengganu PAS had won the 1959 state elections but had only a narrow majority of two in the 24-seat state assembly. But it was riven with all kinds of problems and in-fighting and subsequently it was this that brought about its downfall.

After two PAS members defected to the Alliance in 1961, Mentri Besar Mohd Daud Samad requested the sultan dissolve the state assembly but he was rebuffed. He continued to lead a minority government without calling for the meeting of the state assembly for as long as he could while negotiating for support from Party Negara members. On Oct 30, 1961 when the assembly met the PAS government fell in the ensuing vote of no-confidence taken against it. In the vote two more PAS members betrayed their party by abstaining.

In Sabah the PBS government fell in 1994 after several of its assemblymen defected to the BN shortly after the state elections in which Umno participated for the first time. Led by Datuk Seri Anwar Ibrahim, Umno did splendidly but its other partners failed it.

When his party lost its majority, Datuk Seri Pairin Kitingan asked the governor – whose son won a seat on an Umno ticket – to dissolve the state assembly but he was snubbed. He, therefore, had no choice but to resign his government.

PAS won Kelantan for the first time in 1959 but was ousted in 1978 after its rebellious mentri besar, Datuk Seri Mohamed Nasir, chose to defy the party leaders who were away in Kuala Lumpur as members of the BN government. He froze many of the logging concessions given out by the party leaders and threatened to expose some of their underhand dealings. The party leaders met and sacked him.

Because of his popular policies, the people demonstrated their support for him. Soon the demonstrations degenerated into violence and looting and an emergency was declared and federal rule was imposed.

After it was lifted a state election was called on March 11, 1978. PAS was almost wiped out and a BN government headed by Mohamed Nasir as leader of a hastily formed Berjasa ruled Kelantan. One of the architects of the PAS ouster then was also the person who later played a role in ending BN rule in the state in 1990.

Perhaps an amusing anecdote to all these cases in the nation’s political history is the power-grab attempt by a group of 28 Sarawak state assemblymen which has been referred to as the "Ming Court Hotel incident".

The group, which represented a majority in the 48-seat Council Negeri, gathered in Kuala Lumpur to seek federal support to oust Taib. They failed. They also attempted to see the governor who was unavailable as he was either away fishing or was sick. Taib easily got the governor to dissolve the Council Negeri and in the ensuing state elections his BN coalition won 28 of the 48 seats.

Karpal indicates he won't sue Perak Sultan - Sun

Karpal Singh talks to journalist at the federal Court, Putrajaya today

PUTRAJAYA (Feb 11, 2009): DAP national chairman Karpal Singh has indicated that he is falling in line with the party and the Pakatan Rakyat's stand not to sue the Sultan of Perak over his decision to ask Datuk Seri Mohammad Nizar Jamaluddin to step down as mentri besar.

When asked by reporters outside the Palace of Justice today whether he will be taking the Sultan to court, the combative politician replied: "The question does not arise."

His fellow veteran Lim Kit Siang, who was with Karpal, said after a long discussion, they agreed that the most important task now is the upcoming two by-elections for the state seat of Bukit Selambau and the parliamentary seat of Bukit Gantang, which the opposition will go all out to retain.

He said they also agreed that whatever differences they have will be sorted out within the party.

Karpal agreed, saying "there is a bigger task ahead" (referring to the two by-elections).

He however reiterated his stand that it is within the confines of the law to take the Sultan to court, a stand that has got him a lot of flak from various quarters, including Umno.

"Pakatan leaders feel the Sultan should not be sued, although I don't agree with it," he said.

However, he added: "There are other lawyers who will do the necessity because my view is different from others, who have taken over the matter now. That is what Datuk Seri Anwar Ibrahim wants. Let it be that way."

Anwar had earlier said that PR would set up a legal panel to study the Perak government issue, and that Karpal's view would be taken into consideration.

This had apparently angered Karpal who felt that even his fellow leaders in the party were not supporting him.

On the demonstration by a group of Umno Youth members on Tuesday near his Pudu office, Karpal said he will not be intimidated as what he is doing is within the law.

He said Umno Youth should stop the demonstration which is illegal. "They hurled abuses at me," he said, adding the placards carried abusive words.

He also said police are looking for him to record a statement and that he will cooperate.

Tuesday, February 10, 2009

Pakatan: Differences but united, says Guan Eng - Star

Feb 10, 2009 By IAN McINTYRE

GEORGE TOWN: There are differences of opinion among Pakatan Rakyat leaders but parties in the alliance are working hard to resolve these issues and will be transparent about them, said DAP secretary-general Lim Guan Eng.

“I do not deny there are differences. We are transparent and brave enough to admit our mistakes.

“The differences and other arising issues will not be swept under the carpet as DAP will always practise what it preaches,” he proclaimed.

Lim reiterated that the DAP would abide by the decisions made by the Pakatan leadership and speak in one voice on all issues, especially on the political imbroglio in Perak.

He was responding to the recent outburst by DAP national chairman Karpal Singh who openly called on Opposition leader Datuk Seri Anwar Ibrahim to resign as the de facto leader of Pakatan.

On the two by-elections in Kedah and Perak, Lim said DAP was ready to help PAS and PKR in defending the Bukit Gantang parliamentary seat and the Bukit Selambau state seat.

Asked whether Karpal’s outburst against Anwar and the Sultan of Perak, Sultan Azlan Shah, would affect Pakatan in Bukit Gantang, Lim said he believed it would not.

He was speaking to newsmen after attending a ground-breaking ceremony for the construction of a RM800,000 concrete wall and additional security arrangements for the Silver Jubilee Home For the Aged here Tuesday.

Nizar barred from office as six BN exco take oath - Malaysian Insider

By Lee Wei Lian and Shannon Teoh

Datuk Seri Nizar Jamaluddin thanking policemen blocking his way for doing their job. – Pic by Choo Choy May

IPOH, Feb 10 – As the Barisan Nasional (BN) carried on with the formalities of taking over the state government today with the swearing-in of six new executive councillors, Pakatan Rakyat (PR) continued fighting its increasingly futile claim to power.

Datuk Seri Nizar Jamaluddin led his state executive council members from PR in what was definitely a symbolic gesture to report for work as usual at their offices in the state secretariat here.

In their way were more than 50 riot police officers. Behind them a small band of supporters, mainly from Pas, backed by shouts of “Allahuakbar”.

“Usually, on Tuesday, we meet investors but as we were blocked we are backing off and we thank all enforcement agencies for doing their job.

“We will do our work from the residence and try to rearrange our appointments to meet there,” he told reporters.

Nizar has so far refused to resign as mentri besar in what has become a drawn-out political crisis that is consuming the resources of both BN and PR.

Sultan Azlan Shah had refused Nizar’s request to dissolve the state assembly and pave the way for fresh elections to solve the political impasse caused by defections.

The ruler instead decided to invite BN’s Datuk Zambry Abdul Kadir to form a new government.

Nizar and PR maintain that the BN government is illegal as the Sultan has no constitutional right to dismiss him as MB.

The ruler’s decision has come under considerable criticism, and has sparked a constitutional crisis over the role of rulers in politics.

This culminated in a mass protest last Friday when thousands of demonstrator clashed with riot police outside the Istana Iskandariah in Kuala Kangsar where the Sultan was swearing-in Zambry.

Concerns over security has caused Deputy Prime Minister Datuk Seri Najib Razak and even the Sultan to cancel public appearances.

Today, six BN assemblymen were sworn-in as new state executive councilors in Kuala Kangsar amid tight security. There were no sign of protestors with most roads leading to the palace closed off.

Derhaka? We beg to differ, says Ngeh - Malaysian Insider

By Shannon Teoh

IPOH, Feb 10 - Accusing Umno Youth of confusing the people and incitement, Perak DAP chief Datuk Ngeh Koo Ham today clarified that Datuk Nizar Jamaluddin had only “begged to differ” with the Sultan.

He said that when Nizar had refused to resign as mentri besar, he had told Sultan Azlan Shah “Patik mohon sembah derhaka” which was merely palace language to say “Your lordship, I beg to differ.”

Barisan Nasional has been labelling Pakatan Rakyat as anti-Sultan in its bid to overturn the tide of public disapproval of its takeover of the Perak government, which PR says is unconstitutional.

Yesterday, led by Umno Youth deputy chief Khairy Jamaluddin, about 1,000 demonstrators called for Nizar and Ngeh to be stripped of their titles by the Sultan and also to be banished from the state along with other Pakatan Rakyat leaders for committing treason against the crown.

Ngeh however, explained that in modern times, especially under a constitutional monarchy, the term “derhaka” did not exclusively mean treason anymore.

He added that under Article 18 of the Perak constitution, the Sultan was to follow the advice of the MB in various matters, which showed the key difference between an absolute monarchy and a constitutional one.

“Umno Youth are confusing people and the police should arrest them for inciting the public against the constitution,” he said.

Isu derhaka: Umno dicabar bertindak ke atas Anuar Musa, PM Abdullah - Harakah

Saidah Hairan
Tue | Feb 10, 09 | 12:02:51 pm MYT

KUALA LUMPUR, 10 Feb (Hrkh) - BN terus menggunakan strategi kotor, cuba merampas hak perundangan yang diizinkan melalui perlembagaan negara apabila menghalang sistem mahkamah yang diadili Pakatan Rakyat terhadap kesahihan pelantikan Menteri Besar dan kerajaan BN di Perak.

Berhubung tindakan tersebut, Ketua Penerangan PAS Pusat, Dato' Mahfuz Omar menyifakannya sebagai satu lagi bentuk kerakusan Umno-BN yang cuba merampas hak perundangan yang diizinkan sistem negara ini.

Menurut beliau, tindakan Umno-BN itu amat tidak bermoral dan ia merupakan satu jenayah terhadap sistem negara setelah mereka merampas kuasa perundangan dan perlembagaan dalam krisis di Perak.

"Sekali lagi Umno-BN cuba merampas hak perundangan yang diizinkan melalui perlembagaan negara kepada setiap rakyat untuk mendapat pembelaan yang sebenar di mahkamah," tegasnya.

Jika tindakan Pakatan Rakyat tidak benar dan tidak izinkan tindakan undang-undang dalam bentuk seperti itu beliau mencabar Umno-BN terlebih dahulu mengambil tindakan undang-undang terhadap Pengerusi Umno Kelantan, Dato' Anuar Musa terhadap Kebawah Duli Tuanku Sultan Kelantan pada tahun 1993 yang menabalkan Tengku Ibrahim sebagai Sultan Kelantan.

Katanya, ia juga berlaku kepada Tan Sri Mohd Yaakob yang membuat perarakan menyerahkan memorandum kepada Sultan Kelantan dan meminta Sultan Kelantan turun daripada takhta.

"Saya juga mencabar tindakan undang-undang diambil terhadap Perdana Menteri, Dato' Seri Abdullah Ahmad Badawi yang telah menimbulkan krisis terhadap Sultan Terengganu yang juga Yang di-Pertuan Agong dalam kes pelantikan Menteri Besar Terengganu," tegasnya.

Begitu juga tambah beliau tindakan undang-undang perlu diambil terhadap pihak Standard Charted Public Bank yang telah mengheret Almarhum Yang di-Pertuan Besar Negeri Sembilan ke mahkamah supaya menjelaskan hutang.

Menurut beliau, jika mengikut pandangan Umno-BN perbuatan pihak Standard Charted Public Bank itu merupakan satu penghinaan terhadap Raja-raja Melayu tetapi mengapa pada waktu itu Umno tidak marah dan mengambil tindakan undang-undang terhadap pihak bank.

Justeru, beliau berharap supaya pihak Umno-BN jangan mempolitikkan isu mencabar kesahihan Menteri Besar dan kerajaan BN sebagai satu bentuk pendurhakaan.

Sebaliknya kata beliau itu merupakan hak yang diizinkan dalam negara ini.

Beliau meminta Umno-BN tunjukkan kejujuran dan jangan cuba menuduh Pakatan Rakyat telah durhaka terhadap Tuanku Sultan. - lanh

Kerajaan 'haram' Perak jejas institusi Raja, hilang keyakinan pelabur - Harakah

Azamin Amin
Tue | Feb 10, 09 | 11:40:31 am MYT

KUALA LUMPUR, 10 Feb (Hrkh) - Semua pihak termasuk Sultan Perak Raja Azlan Shah dan Umno, mestilah menangani krisis Perak mengikut undang-undang dan Perlembagaan Negara bagi mengembalikan kestabilan politik negeri itu yang kian kusut dan tergugat.

Ketua Penerangan PAS Pusat Dato' Mahfuz Omar berkata jika ianya tidak dilakukan maka imej institusi Raja akan tercemar di mata dunia malah keyakinan pelabur untuk menyumbangkan kepada peningkatan ekonomi negeri ini akan turut terjejas.

"Jalan yang ada ikut undang-undang iaitu kembalikan mandat kepada rakyat dan membubarkan DUN ataupun adakan tiga pilihan raya kecil di Changkat Jering, Behrang dan Jelapang akibat Adun-adun yang berpaling tadah terhadap harapan rakyat," katanya ketika menghubungi Harakahdaily sebentar tadi.

Dua kaedah ini sangat penting, supaya rakyat dan masyarkat antarabangsa yakin dengan pelaksanaan undang-undang dalam negara yang sewajaranya melindungi rakyat daripada sebarang ketidak-adilan.

"Jika undang-undang dilanggari, apa lagi yang tingggal kepada rakyat dan juga masyarakat pelabur yang mahu datang ke sini? Mereka tidak akan 'invest' kalau politik tidak stabil dan kerajaan sedia ada membelakangkan undang-undang.

"Ini sekaligus menjejaskan peningkatan ekonomi yang sudah sedia maklum makin merudum," katanya.

Himpunan rakyat dan tunjuk perasan oleh Umno baru-baru ini untuk terus mempertahankan kerajaan haram Perak katanya jelas membuktikan, Umno sejak awal lagi sudah membelakang undang-undang dan sering menggunakan sentimen kuasa Raja-raja untuk meraih sokongan.

"Proses lantikan Menteri Besar sangat jelas dan termaktub dalam undang-undang dan bila Umno buat begini nyatalah dia melanggar undang-undang bukannya kita," katanya yang juga Ahli Parlimen Pokok Sena.

Beliau turut menyeru supaya institusi Raja-raja tidak mengiktiraf kerajaan 'haram' Perak dan mengembalikan semula kuasa memilih di tangan rakyat.

"Sangat penting Raja memberi mandat semula kepada rakyat, jika tidak ianya dilihat seolah-olah Ketua Negeri tidak lagi dapat melindungi dan memayungi rakyat jelata.

"Sultan mestilah bertindak atas sifat sebagai payung, penjaga negeri dan perlembagaan. Kita tidak mahu rakyat melihat seolah-olah Sultan menyebelahi pihak tertentu," katanya. - azm

PKR's Arumugam quits as state assemblyman - NST

Feb 10, 2009 By : Noor Adzman Baharuddin and Adib Povera

V. Arumugam telephoned the menteri besar’s assistant to announce his decision to resign.

ALOR STAR: Hours after stepping down from the state executive council, Kedah Parti Keadilan Rakyat deputy chairman V. Arumugam dropped a second bombshell on the government by also stepping down as state assemblyman for Bukit Selambau.
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Menteri Besar Datuk Seri Azizan Abdul Razak said Arumugam sent a two-page statutory declaration to him about 5pm yesterday.

Arumugam was State Domestic Trade and Consumer Affairs, Unity, Estate Workers and Indian and Siamese Communities' Affairs Committee chairman.

"Copies of the statutory declaration, made on Sunday, were also handed to Sultan of Kedah Sultan Abdul Halim Mua'dzam Shah and the Speaker Datuk Dr Abdul Isa Ismail," he said here at a hastily arranged news conference last night.

A third copy of the document, which Azizan said was certified by notary public, was sent to PKR de facto leader Datuk Seri Anwar Ibrahim.
Present were Abdul Isa and Kedah PKR chairman Ahmad Kassim, who is also MP for Kuala Kedah.

Arumugam's resignation, amid speculation that he was facing marital problems, paves the way for a by-election in the next 60 days. He has also been "incommunicado" since last Thursday, when news broke out over allegations that he had insulted the sultan by bringing his "second" wife to attend state functions..

The news conference was the second by Azizan in a span of six hours. He had earlier announced that the 54-year-old former trainer at the RMAF College here had announced his decision to quit the state executive council.

Azizan said Arumugam, who contested as an independent candidate in last March's general election, cited continuous threats on his and his family's safety and the constant pressure from Barisan Nasional agents, including an alleged RM5 million offer and a state exco post, for him to defect from the PKR as the main reasons for his decision.

"I feel sorry for him. He was a good friend, assemblyman and state exco. He just could not hack it anymore but this is normal for politicians and many have tendered their resignations and they have their reasons," he said.

On a candidate to contest in Bukit Selambau, he said he was leaving it to PKR to decide since the state seat was allocated to the party.

Asked on Arumugam's whereabouts, Azizan said he had no inkling. Ahmad also said he was unaware of the whereabouts of his party colleague.

Isa said he would inform the Election Commission of the vacancy in Bukit Selambau today.

At the last general election, Arumugam beat S. Krishnan (BN-MIC) by a 2,362-vote majority although Bukit Selambau was traditionally a BN stronghold.

The voters comprised 50.2 per cent Malays, 19.3 per cent Chinese and 29.5 per cent Indians. Arumugam was one of three state exco members from the PKR.

The others are Mohammad Radzhi Salleh (Lunas) and Tan Wei Shu (Bakar Arang).

The remaining two PKR state assemblymen are Lim Soo Nee (Kulim) and Tan Show Kang (Sidam). The sole DAP representative is Lee Guan Aik (Kota Darulaman).

Pakatan Rakyat wrested control in Kedah in the last general election after it won 22 seats in the state assembly to the BN's 14.

Monday, February 9, 2009

Two by-elections: One MP dies, one rep quits - Star

Feb 9, 2009

PETALING JAYA: The country will face two by-elections within the next 60 days after a Member of Parliament (MP) in Perak died, while a Kedah assemblyman quit -- both on Monday.

Bukit Gantang MP Roslan Shaharum of PAS died of a heart attack on Monday morning, while Bukit Selambau assemblyman V. Arumugam of PKR quit his seat and his position on the Kedah executive council in the afternoon.

Arumugam, the sole Indian Pakatan Rakyat state executive councillor in Kedah, resigned amidst allegations linking him to a “marriage scandal.” He won the Bukit Selambau state seat in the March 8 general election last year as an independent, then subsequently joined PKR.

He was said to have informed PKR adviser Datuk Seri Anwar Ibrahim of his decision in a discreet meeting in Ipoh on Sunday.

Arumugam was the Domestic, Trade and Consumer Affairs, Siamese Community, Unity, Estate Workers and Indian Community Affairs committee chairman.

Kedah Mentri Besar Datuk Seri Azizan Abdul Razak said that Arumugam has tended his resignation letter to the Sultan of Kedah’s office on Monday.

Arumugam was said to be under a lot of pressure to defect and had even lodged a police report on threats that he allegedly received.

Azizan said that he knew that Arumugam had personal problems but he did know the details.

He said that the state exco would be reshuffled in March and he would name someone to fill Arumugam’s post then. Until then, he himself would assume the portfolio temporarily.

“The seat is allocated to PKR thus we will select a PKR assemblyman for the seat. If PKR does not want the seat, we will then offer it to other Pakatan Rakyat assemblymen,” he said.

Hee gets her Camry - The Malaysian Insider

By Lee Wei Lian

KUALA LUMPUR, Feb 9 - For the past few days, will-she-won’t-she speculation has been swirling around Jelapang assemblywoman Hee Yit Fong. No, not over whether she will or won’t jump, that’s been established.

The wondering is over as Umno sources today confirm that she is among seven state representatives named to the Perak Executive Council as a reward from Barisan Nasional for delivering the Perak government.

Hee, possibly the most hated woman in Malaysia right now, has been the subject of ridicule and abuse in and around her Ipoh hometown as well as in cyberspace, far more than the other three state representatives who switched allegiance from Pakatan Rakyat to Barisan Nasional.
She was the deputy state speaker in the Pakatan Rakyat government and had been in DAP for some 20 years.

The clerk-turned-politician was said to have been upset with the state party leadership and because she did not get a new official car when the Pakatan Rakyat government bought Toyota Camrys to replace an ageing fleet of Proton Perdanas.

Two of the new exco members will be Chinese, the sources say, with the other being Chenderiang state assemblyman Dr Mah Hang Soon, who is also MCA Youth deputy chief.

Three more will be decided later, possibly after the first seven are sworn in tomorrow by Sultan Azlan Shah. The swearing in ceremony is expected to take place at 10am tomorrow at the Istana Iskandariah in Perak’s royal town of Kuala Kangsar.

Another woman who has been appointed to the exco is Sungai Rapat’s Hamidah Osman, who was rumoured to be upset over losing the menteri besar post to Datuk Zambry Abdul Kadir.

Umno sources have denied she was upset, saying she is supportive of the 47-year-old BN menteri besar.

The tricky task of determining of the executive line-up is one of the first tests that Zambry has to pass, apart from handling a hostile Perak electorate upset over the manner in which the state government changed hands.

“To head off dissatisfaction, he (Zambry) explained that there are only 10 exco positions but 31 candidates,” a source told The Malaysian Insider.

“He emphasised to them that the major thrust has to be to win the hearts of the people, not Camrys and houses. He also told them to speak their minds and not just be yes-men, which they found refreshing.”

Several names were nominated for each portfolio, based on their skills and abilities.

Discussions were held with Prime Minister Datuk Seri Abdullah Badawi and his deputy Datuk Seri Najib Tun Razak, who is widely credited forwith masterminding the Perak takeover, until the early hours of this morning.

GUAN ENG: DAP to continue to support Anwar as PR leader - NST

KUALA LUMPUR, MON: Feb 9, 2009

DAP will continue to support Parti Keadilan Rakyat de facto leader Datuk Seri Anwar Ibrahim as the opposition leader, DAP Secterary-General Lim Guan Eng said.

He said Anwar would remain as Pakatan Rakyat leader and as the oppostion leader as agreed by the PR leaderships.

“He will remain, as no single leader has ever questioned this during internal meetings whether at the highest level or otherwise,” he said in a statement here, today.

He said PR had endorsed a position that no individual party policy could be regarded a PR policy unless it was approved unanimously by all three parties.

He also appealed to DAP chairman Karpal Singh to use internal party channels if he wished to change policies within the PR instead of using the media.

Yesterday, Karpal Singh told a news conference that Anwar was not fit to lead the PR and that he had been “nothing but trouble” for the opposition alliance.

His remarks came in the wake of the PR losing the Perak state government to the Barisan Nasional (BN) on Friday, which Karpal blamed on the immorality of Anwar in trying to seek defectors from the BN to shore up the PR.

PKR’s Arumugam to give up his Kedah exco seat - Star

Feb 9, 2009 By EMBUN MAJID

ALOR SETAR: PKR executive councillor V. Arumugam wants to give up his position in the PAS-led Kedah government but pledged to maintain his party membership.

Arumugan, an independent candidate, who won the Bukit Selambau state seat and subsequently joined PKR after the general election, was said to have told PKR adviser Datuk Seri Anwar Ibrahim in a discreet meeting in Ipoh on Sunday.

PKR state training bureau chairman Zambri Yusuf said Arumugam has made known his intention to Anwar at the meeting.

“Arumugam has decided to quit his position as an exco due to the mounting pressure on him and his family to defect to Barisan Nasional.”

To date, Arumugam has yet to tender his resignation to the Kedah assembly speaker.

Speculation has been rife for weeks that Arumugam intended relinquish his post due to the mounting pressure to stay in Pakatan Rakyat or defect to Barisan as an assemblyman.

Al-Fatihah - Bkt Gantang MP Roslan Shaharum (from PAS) dies - The Star

Feb 9, 2009

BATU GAJAH:

The PAS Member of Parliament for Bukit Gantang Roslan Shaharum died of a heart attack on Monday morning.

The 50-year-old had sent his car to a car-wash near his home in Changkat Lallang near here when he complained of chest pains.

He borrowed a bicycle from one of the carwash workers to go to the nearest pharmacy.

His body was found at a slip road by passersby at 11:15am, Batu Gajah OCPD ACP Najib Mohamad said.

Roslan, who leaves behind a wife and 10 children, was formerly the human resource director of Perak Economic Development Corporation.

According to Roslan's daughter Fatimah, 21, the whole family had been in Cameron Highlands for a family outing over the weekend when her father received a call on Sunday evening.

He was summoned to a meeting at the home of former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin, who has refused Sultan Azlan Shah’s call for him to step down.

“He was there until 1.30 in the morning, and left home at 10am,” Fatimah said.

His wife Safiah Harun, 50, said Roslan had collapsed once about a month ago on an official visit to Taiwan because of a heart problem

Last July, he was named chairman of Perak’s education foundation, Yayasan Perak. The funeral will be held at 6pm Monday at his village in Changkat Lallang, she said.

In last March's election, Roslan defeated Umno treasurer Azim Zabidi by a majority of 1,566 votes. Bukit Gantang is a Malay majority seat with 27% Chinese and 10% Indian votes. He had polled 20,015 votes against Abdul Azim Mohd Zabidi’s (Barisan Nasional) 18,449 votes.

The third candidate was an independent, M. Morgan, who got 872 votes

The by-election which must be held within 60 days will be a referendum on the political situation in Perak. It comes at an awkward time for Umno, with the Umno general assembly due in late March.

The Bukit Gantang constituency has three state assembly seats under it: Trong, Kuala Sapetang and Changkat Jering, whose assemblyman Mohd Osman Mohd Jailu quit PKR last week to become an independent.

His resignation, plus that of two other assemblymen and the defection of a third, paved the way for Barisan Nasional to wrest Perak from Pakatan Rakyat.

Penyokong DAP Protes Di Hadapan SUK - Malaysiakini

Bantahan tersebut diketuai oleh ketua Pemuda DAP, Anthony Loke selama kira-kira 10 minit.

Mereka melaung-laungkan perkataan 'hidup rakyat' dan 'jatuh Umno/BN'.

"Kerajaan BN perlu dibubarkan kerana ia tidak mendapat mandat rakyat dan ia diperintah oleh katak-katak politik.

"Rakyat Perak tidak puas hati kerana mereka tuntut pilihanraya baru," katanya dalam ucapan kepada penyokongnya.

Mereka datang dari seluruh negara termasuk Melaka, Pulau Pinang dan Selangor.

Sunday, February 8, 2009

Respect Constitutional Right To Seek Redress In Courts

Feb 8, 2009

KUALA LUMPUR, Feb 8 (Bernama) -- Anyone who wants to seek redress in the courts should be free to do so and be free from any form of harassment, said Malaysian Bar Council president Datuk Ambiga Sreenevasan.

She said it was also the fundamental right of any person to take any matter to the courts for determination and resolution.

She said intimidation of litigants and their lawyers in the exercise of their rights and duties respectively, was an affront to the dignity of the courts and the administration of justice.

"We strongly urge that all parties respect this fundamental right to seek redress in our courts. We must never regress to a position where we sacrifice this vital principle for political mileage or self-interest," she said.

She said this in a statement in response to the outcry by certain parties who had slammed DAP chairman Karpal Singh's action to file a legal suit against Sultan Azlan Shah of Perak allowing the Barisan Nasional to replace the Pakatan Rakyat (PR) government in the state after the PR failed to command the majority in the state legislature on Friday.

"In a modern democratic nation like ours, such a challenge is wholly untenable," she said.

Ambiga said an advocate and a solicitor must be allowed to advocate his or her client's case without fear or favour.

"It is then up to the courts to resolve the various issues, which they must do independently and without regard to political exigencies. Decisions made with regard to political factors never stand the test of time," she added.

Ambiga also said the present situation in Perak had raised many legal and constitutional issues.

"It is the view of some Constitutional lawyers that the prerogative of the Ruler is "non-justiciable" and cannot be reviewed by the courts. Thus although we, and others, are of the view that the dissolution of the Legislative Assembly would have been the best solution, it is difficult to challenge the prerogative of the Ruler, who exercised that prerogative by ascertaining the views of the majority of the Assembly and then deciding who in the "Rulers judgment" (under the Perak Constitution) commands their confidence. However, in the Datuk Joseph Pairin Kitingan case, such a discretion of the Governor (not a Ruler) was held to be justiciable," she said.

She added that the situation (in Perak) now was unchartered territory and that different interpretations were always possible.

Sokongan Rakyat Perak Ke Atas Kepimpinan Dato Seri Nizar


Feb 8, 2009 By YB Dato Seri Anwar Ibrahim

Rakyat Perak telahpun membuktikan bahawa mereka tidak bersetuju dan tidak mengiktiraf pembentukan sebuah kerajaan negeri selain dari yang dipimpin oleh Dato’ Seri Nizar. Manipulasi BN yang digerakkan dari luar oleh Dato Najib disanggah keras kerana cuba mencampuri urusan rakyat Negeri Perak. Saya mengucapkan syabas kepada seluruh rakyat Perak kerana tetap kekal istiqamah bersama Pakatan Rakyat. Percayalah dengan sokongan yang melintasi garis sempadan perkauman, Perubahan yang kita janjikan pasti terlaksana.

Seperti yang dijangka media massa yang dikawal Umno-BN akan sedaya upaya memesongkan rakyat dari maklumat yang benar. Gambaran buruk sedemikan rupa cuba dipaparkan kononnya pendokong Pakatan Rakyat menderhaka kepada Paduka Sri Sultan Perak. Lupakah mereka kepada krisis Perlembagaan 1983 dan1993? Bagaimana Raja-Raja Melayu diaibkan oleh Umno? Ingatkah tatkala berlakunya krisis pelantikan MB Terengganu seusai PRU12 Mac 2008 lepas, bagaimana YDP Agong dicemuh dengan kata kesat oleh mereka?

Sedangkan apa yang dituntut oleh Kerajaan Negeri Perak pimpinan Dato Seri Nizar dan juga Pakatan Rakyat senantiasa berlandaskan sistem Raja Berperlembagaan dan amalan Demokrasi Berparlimen. Kita tuntas menegaskan sebarang perubahan baik diperingkat negeri mahupun pusat mestilah dilakukan melalui Dewan Rakyat ataupun Dewan Undangan Negeri. Bukannya melalui politik konspirasi yang membelakangkan hasrat Rakyat.

Jelaslah sekarang ini segala perubahan yang kononnya diwar-warkan oleh Umno-BN hanya lah kosmetik semata. Kepada mereka yang berharap Umno-BN akan melakukan perubahan, jangkaan mereka ternyata meleset dulu, kini dan selamanya.

ANWAR IBRAHIM

Pas Exploited To Commit Treason Against Sultan - Zahid

IS IT TRUE Ahmad Zahid??? See who EXPLOIT who in the picture below, courtesy of The Star:



PENANG, Feb 7 (Bernama) -- Pas should realise that DAP and Parti Keadilan Rakyat (PKR) have exploited the party to commit treason against Sultan Azlan Shah of Perak, Minister in the Prime Minister's Department Datuk Seri Dr Ahmad Zahid Hamidi said.

This, he said, was very clear when a group of supporters believed of the party caused trouble outside the palace in Bukit Chandan before the swearing-in of Datuk Dr Zambry Abdul Kadir as the new Menteri Besar.

He said actions by the party supporters who obstructed vehicles ferrying royalties and several leaders including him were "ill mannered" and disrespectful of the monarchy institution in the state.

"Them laying down in the middle of the road, His Highness's car was obstructed and they climbed onto the bonnet, my car was also thrown at with pebbles; if the leaders are ill mannered, the supporters also acted in ill manner," he told reporters here today.

"Only one race was there and what was the use of having a coalition government when the Malays were only exploited by other races.

"Not that I want to be racist but the reality is only race was there; where were representatives from other parties of the alliance? If they are really united, everybody was supposed to be there," said Zahid who is Perak Barisan Nasional (BN) deputy chairman.

He said Pas leaders should open their eyes and accept the fact that their friends had exploited them and the three parties were actually never united.

He said those who acted in ill manner and committed treason against the Sultan were not qualified to be Perak citizens and had to return any honorary awards conferred by the Sultan of Perak.

In Perak, he said, it was clear that the appointment of a Menteri Besar was at the Sultan's pleasure and not by the State Legislative Assembly.

He said former Menteri Besar Datuk Seri Mohammad Nizar Jalamuddin had to abide by the Sultan's decision and he did not see how a constitutional crisis could happen because the opposition had no issue there.

Zahid said BN and the opposition alliance had 28 assemblymen each in the state assembly but BN had the support of three independent representatives, and if a vote of no confidence were to be carried out, the speaker who was from the opposition could not vote.

"The opposition only has 27 votes while BN 31 votes. This is obvious and they have no reason not to respect the wise decision of the Sultan. His Highness is very learned in law because he served the Lord President before," he said.

He said the opposition's plan to take legal action against the Sultan was futile because High Highness has immunity and the action taken by High Highness was in compliance with the Perak constitution.

Eye on Pakatan to step up legal battle, Suhakam advises snap election - Suara Keadilan

Feb 7, 2009

It is tough for Pakatan to back down, for it is no longer a question of losing the Perak state government, but at stake now is its entire national agenda of bringing justice and social reform to all Malaysians

By Wong Choon Mei

Amid the storm of criticism, there are also growing calls for the Pakatan Rakyat to be steadfast and push on with legal action against probable unconstitutional behaviour by the Perak Ruler and the Barisan Nasional government.

“Blind adulation must never be encouraged by any society, whatever its creed or religious base. This is against universal wisdom and values,” said a political analyst.

“A people can only be saved by its morality, usually religious. But sadly, religion is also often politicised. So the last resort of a nation still has to rest in its laws and through its courts.

“In the case of Malaysia where allegations of judge-rigging are rampant, even if the courts don’t work as they should, the system still has to be tested. This is to confirm that all recourse and process have been exhausted.

“The people will then know for sure that what they need are better laws, and to get that, they need a new batch of lawmakers. They must not be afraid to keep changing until they find the right set of lawmakers, who will do the right thing by the nation.”

Another blot on the country’s human rights record

The latest to question the decision of the Perak Sultan over who should govern the state is Malaysia’s Human Rights Commission (Suhakam).

Suhakam has called for fresh state-wide election in Perak, citing the questionable manner in which the Ruler allowed the formation of the new BN state government as the basis for its recommendation.

“It appears that the method adopted in forming the new government for the state of Perak is questionable, consequently so is the legitimacy of the new state government,” said Suhakam in a statement.

The human rights body also said despite the politicking - at the end of the day, it was the people’s basic human right to select the government of their choice.

“Suhakam is of the opinion that new elections for the state legislative assembly, in line with the principle of human rights, will resolve the political uncertainty of the state government.”

Human rights has long been a thorny problem in Malaysia, festered and encouraged by the race-based politics practised by the Umno-led BN. Its five-decades long stay in power has substantiated the proverb “power corrupts, absolute power corrupts absolutely.

In particular, money politics and corruption in coalition leader Umno is so entrenched and endemic that party members openly resist and warn against attempts to curb the problem.

Incoming president Deputy Premier Najib Abdul Razak himself faces a barrage of graft allegations, including accusations of a RM50 million defection offer to a Perak politician, and of being involved in the controversial murder of a Mongolian woman, alleged to have been his mistress.

At the end of last month, just before the onset of the Perak crisis, former de-facto law minister Zaid Ibrahim had said money politics and corruption in Umno was so bad that even its disciplinary board had to bow to certain top leaders and investigate on a selective basis.

Unsurprisingly then, that accusing fingers straightaway pointed at Najib, when the Perak Sultan agreed to his offer to form a new state government, replacing the Pakatan line-up headed by Menteri Besar Mohammad Nizar Jamaluddin.

“If Umno is man enough, then battle it out with Pakatan Rakyat through election,” said Nizar.

What happened, Tuanku?

However, what hurt the nation was not Najib, for Malaysians know his limitations and do not expect better from him.

But they did from Sultan Azlan Shah, a very popular top judge in the late 1970s and 80s, almost revered for standing up for the people against the oppressive regime of former premier Mahathir Mohamad.

Sultan Azlan’s controversial decision - which also included a further unprecedented one of sacking Nizar as Menteri Besar - has sparked a slew of consipracy theories among the masses.

The favourite topics at the ubiquitous coffee shops across the nation include ones about Umno’s planted Trojan horse, and alleged plots between Najib and certain members of the royal family.

Nevertheless, experts and civil groups have been just as hard on the Perak Ruler and the BN.

Said Abdul Aziz Bari, law professor at the International Islamic University: “The problem in Malaysia is that the law is not allowed to take its course. I think the Sultan has made a mistake.”

Said Malaysia’s human rights body: “Suhakam noted that the Sultan of Perak has not consented to the dissolution of the state legislative assembly.”

Said KeADILan information chief Tian Chua: “Given that the Sultan previously wrote in his own book that a Ruler’s role is purely formal and that he should follow the recommendations of his Menteri Besar, that His Majesty himself could now chose to reject Nizar’s request for a snap election is surprising.

“If this was because the people of Perak were against Nizar, if this was to protect Perak against oppression, then there is cause for argument. But here, very clearly, the people of Perak want a snap election. They are not against Nizar either. So obviously, the question ‘why’ arises.

Hiding behind the royal house

The way forward for Perak and its Ruler may have to be through a morass of legal battles and land mines.

It is tough for the Pakatan to back down, for it is no longer a question of losing the Perak state government, but at stake now is its entire national agenda of bringing justice and social reform to all Malaysians.

From Najib and Umno, most Malaysians believe there is nothing much to expect other than more mis-information, manipulation, plotting and intrigue that cannot be seen by the light of day.

“Najib has only confirmed what everyone thinks of him, but has not said out loud,” said a veteran party observer.

“He is not a fit leader for the country, and he knows this is the public feeling. This is why as far as possible, he will suppress any election anywhere in the country. Because he knows it is almost a certainty that he will lose, and he cannot afford anymore losses after Kuala Terengganu and Permatang Pauh.”

As for the Perak Ruler, it remains to be seen if his Majesty will heed the call of his subjects, his critics and his peers.

Said the political analyst: “Right now, the perception is that Najib and Umno are hiding behind the royal house. There are 13 states in this country and the Perak Ruler is considered to be the most enlightened because of his qualification as a federal court judge.

“If the Pakatan doesn’t chase up, the feelings of boldness in Najib and Umno to further encroach on the other royal houses will increase. Instead of growing transparency and better governance, Malaysians might end with greater oppression.”

Said a royal counterpart from the Kelantan house Tengku Razaleigh Hamzah: “Only the answer of the assembly counts, regardless of how many sworn statements, defections, press conferences and declarations, or what forms of advertisement, display, inducement or force you bring to bear on the question.

“The question must either be put to the people through state election, or to assemblymen through a formal vote in the state assembly.”

Saturday, February 7, 2009

BN Intends To Survive In Perak, Says Najib - Bernama

PETALING JAYA, Feb 7 (Bernama)

Deputy Prime Minister Datuk Seri Najib Tun Razak said today the newly-formed Barisan Nasional (BN) government in Perak intends to survive, albeit with a slim majority.

He said that if the state assembly members were loyal, the government would survive even with a mere majority of one.

"Remember the PAS government in Kelantan which survived for many years with just one majority.

"Even with one majority, if the members are loyal you can survive. God willing, we intend to survive," he said after opening the 27th World Customs Day here.

Najib said what that had happened was done within the framework of the constitution and there was "nothing unconstitutional" about it.

He also said that the BN would abide by the decision of the Sultan of Perak, who had acted in accordance with the state constitution.

The BN officially took over the Perak administration yesterday, with Pangkor assemblyman Datuk Dr Zambry Abdul Kadir being sworn in as the new menteri besar.

The swearing-in ceremony took place before the Sultan of Perak, Sultan Azlan Shah, at Istana Iskandariah in Bukit Chandan, mid refusal by the Pakatan Rakyat (PR) former state government to accept the reality that it was no longer in power.

The PR losing its majority in the state legislative assembly when four of its assemblymen quit their respective parties recently.

On how the BN government would convince the people of Perak of its sincerity, Najib said it would depend on the leadership and policies undertaken by the new government.

"I will be discussing with them (BN elected representatives and leaders) that first of all, we want to be fair with all races and all communities and we will make sure this will happen.

"We will also make sure that it is an effective and efficient government. In other words, all our programmes will be delivered according to the wishes of the people and rakyat, " he said.

Najib said the BN-led government must be a clean government, not only a people-friendly government but also one with integrity.



To a question, he said the takeover of the Perak state government by the BN was done correctly.

"Please ask Pakatan Rakyat why they started this. They were talking about forming the government on Sept 16. This is the principle that they mentioned, that they accepted and tried to put into practice.

"They wanted to topple the federal government by stealing the 31 BN members of parliament. It was not the BN. Ask them," said Najib who is also the Perak BN chairman.

He said the BN, as the government in Perak, must now concentrate on serving the people.

Asked to comment on Datuk Seri Mohammad Nizar Jamaluddin's refusal to step down a menteri besar in defiance of the sultan's order, Najib said whatever decision by the ruler must be respected and any attempt to challenge the decision would tantamount to contempt of the institution of constitutional monarchy.

Asked what would happen if the three independent assemblymen in the state who had pledged support for the BN returned to Pakatan Pakatan, Najib there was no need to speculate and if that happened, he would answer.

Ku Li: Why Nizar is still the MB - Star

Feb 7, 2009


PETALING JAYA: Datuk Seri Mohammad Nizar Jamaluddin is still the Perak Mentri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the State Assembly, said Tengku Razaleigh Hamzah.

“Only the answer of the assembly counts, regardless how many sworn statements, defections, press conferences and declarations, or what forms of advertisement, display, inducement or force you bring to bear on the question,” he said in a statement yesterday.

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

He also said that a legitimate constitutional government draws all its authority from the consent of the people and only from that consent. The people consent because it is their government formed according to their constitution, whose leader is chosen through free and fair elections.

“To formally test the mandate of the current government, the question must either be put to the people through state elections, or to assemblymen through a formal vote in the Dewan,” said Tengku Razaleigh.

He said to remove and install governments in any other way was to violate the Constitution, erode the rule of law and run the risk of forming an illegal government.

Will Najib be boycotted tonight? - Malaysiakini

Andrew Ong | Feb 7, 09 3:57pm



The talk of Ipoh today is whether Deputy Premier Najib Abdul Razak will face the wrath of the Chinese community when he attends a Chinese New Year function tonight.

Since Wednesday, buntings advertising the event at the SRJK Yuk Choy school have dotted various parts of the city. However, the organiser of the event is still unknown.

Najib has been credited as the mastermind behind the unpopular Barisan Nasional takeover of the state government by courting four Pakatan Rakyat state representatives to defect.

A flurry of text messages in various languages have been making rounds asking locals to boycott the event. One text message called Najib's event a "big show".

"To the wise and kind people, protect democracy, reject corruption, uphold the law. The proud people of Perak, reject him (Najib). Do not attend. Let him witness our strength. Please pass this on," read the text message.

A separate text message called on the public to hold a candle light vigil opposite the school tonight in protest of the takeover.

"I will go, dressed in white as though I'm going for a funeral to symbolise my protest," a 28-year-old lawyer told Malaysiakini.

More news at: www.malaysiakini.com

From MStar:


Mesyuarat BN Perak 5 petang dihadiri Najib dibatal

Oleh ZANARIAH ABD. MUTALIB

[DIKEMAS KINI] PETALING JAYA: Mesyuarat Barisan Nasional (BN) Perak yang dijadualkan berlangsung pada pukul 5 petang ini dibatalkan berikutan Pengerusi BN negeri, Datuk Seri Najib Tun Razak tidak dapat hadir.

Setiausaha Umno Negeri, Datuk Ramly Zahari berkata, beliau dimaklumkan mengenai perkara itu kira-kira pukul 3 petang tadi.

"Mesyuarat tersebut terpaksa dibatalkan kerana Datuk Seri Najib mempunyai urusan penting di Kuala Lumpur," katanya kepada mStar Online, hari ini.

Beliau berkata, mesyuarat tersebut ditunda ke satu tarikh yang belum ditetapkan.

Selepas mesyuarat itu Najib dijadual mengadakan sidang media dan menghadiri majlis sambutan Tahun Baru Cina Barisan Nasional (BN) di SJK (C) Yuk Choy, yang terletak berdekatan dengan kediaman rasmi Mentri Besar.

Dalam pada itu, Setiausaha Kerja BN Perak, Datuk Hasbullah Osman ketika dihubungi The Star berkata, mesyuarat tersebut ditangguhkan sehingga esok.

Kata beliau, pembatalan pertemuan petang ini adalah disebabkan faktor-faktor yang tidak dapat dielakkan.

Ketua Polis Perak, Datuk Zulkifli Abdullah semasa dihubungi enggan menyatakan sebab mesyuarat tersebut dibatalkan.

"Tanya penganjur... bagaimanapun kami akan menempatkan anggota di kawasan berkenaan untuk mengelakkan sebarang kejadian tidak diingini," katamya.

Pagi ini, DAP pula telah meminta anggotanya supaya menyertai himpunan membawa lilin di kawasan sambutan Tahun Baru Cina Barisan Nasional sebagai tanda protes terhadap ikatan itu ekoran tumbangnya kerajaan negeri Pakatan Rakyat.

Zambry: 'I am MB for all in Perak' - Star

Feb 7, 2009

By NG SI HOOI and ZULKIFLI RAHMAN

New MB: Perak’s Sultan Azlan Shah presenting the letter of appointment to Pangkor state assemblyman Datuk Dr Zambry Abdul Kadir, who was sworn in as the 11th Mentri Besar at Istana Iskandariah in Kuala Kangsar yesterday.

IPOH: Perak belongs to all Perak people, and not to any particular group or party, said newly appointed Mentri Besar Datuk Dr Zambry Abdul Kadir.

“This is the state for all of us. I am not the Mentri Besar for one particular race or particular party. I am the Mentri Besar for all ethnic groups in Perak,” he said in his speech during the Perak Chinese New Year open house in Kg Simee on Saturday.

On talk that he belonged to and served only a particular group, Zambry cleared the air by saying:

“The answer is no, and no and no. Zambry is here to serve all Perak people including the opposition parties.

“I will ensure that there is fairness to all people in the state,” said Dr Zambry, who was attending the first function as the Mentri Besar after he was sworn in at Istana Iskandariah in Kuala Kangsar on Friday.

He called on all Perak people to restore confidence, peace and stability to their state.

“This is the key for the state to progress into a better place for our future generations,” he said.

Dr Zambry said the best way to solve any problem or difference was through consultation.

“We should not fight on the streets because that is not our way. We should not take the law into our hand.

“The most important thing is prevail the stability in the state and be reconciled to work together,” he said.

Later, he had a question and answer session with reporters, his press conference after taking over as Perak Mentri Besar on Friday.

Q: Datuk Seri Nizar said that the new Mentri Besar is “haram” (illegitimate)

A: My retort is that does he think that he is legitimate?

Q: There is talk that Nizar is still chairing the state executive council meeting.

A: Yes, that is an illegitimate meeting.

Q: What about the Barisan Nasional?

A: Dia baca apa pun tidak tahu. Yang haram pada orang lain, halal bagi dia.

Q: When are you going to take over your official office.

A: I will discuss that with the state secretary because the state secretary is the one who is managing the office administration. The Barisan exco will be decided after Feb 10.

Q: Will you be holding a meeting immediately afer that?

A: We will do our duties as soon as the new exco lineup is announced.

Q: What is your view on yesterday’s illegal gathering near the Iskandariah Palace.

A: They like street demos. Let the people see what they are like. I am confident that the majority of the people want peace. Any type of crisis must be settled through legal means and the process of the law.

Q; Isn’t your appointment sudden, too?

A: It is not. It was done by due process of the law. They (Pakatan Rakyat) are the ones who created that perception. My main challenge is to tell the public that it is done according to the rule of law.

It is the Sultan’s prerogative and absolute power to appoint anybody he deemed fit to be the MB of Perak. He (Nizar) should as himself also, by convention he knows who is supposed to be MB.

But the Sultan decided to appoint him. That is the absolute right of the Sultan. The Perak Sultan knows the law. He is the former chief justice. Thus his actions must have been based on the provisions of the law.

Should the Sultan later ask me to vacate, I will abide. This is a matter of principle. It is not whether I should be appointed or otherwise, because the Sultan has the absolute right. Anyone including me, must categorically state that if the Sultan feels that I am not fit anymore, or if we don’t have the majority, the Sultan has a say.

Q: Do you feel secure in your position as MB especially since the three who threw their support behind Barisan have not joined any component parties, thus there is still some possibility that they might change their allegiance?

A: They are Independents who are friendly towards the Barisan. We always follow the rule.

Q: You might have been appointed by the Sultan, but do you think that you have the mandate of the people?

A: My appointment is also mandated by the people since it is based on the number of representatives in the state assembly that we have.

Q: What are you going to do to correct the people’s perception of you?

A: We have to go to the people and ask them to remain calm. My number one priority is to advise the people to look at the issues from the proper perspective.

Q: Will the three independents be given exco positions?

A: We will announce when the day comes. We will see the exco line-up when I make announcement.

Q: Will you have trouble deciding on your exco line-up that is racially balanced?

Q: I will take that into account. There are ways.

A: No particular race is going to be left out.

Q: Will Barisan support the appointment of Hee Yit Foong (Jelapang state assemblyman) as deputy speaker?

A; We will look into it. I will make a decision.

Q: Nizar has yet to vacate the official MB residence.

A: Let him be if he does not want to vacate. The important thing is not the official residence, but continuing to serve people. Let him use the house and the official car. Even if that means I will not be able to move in, I don’t mind. I can operate from my house.

Q: There are no Indian representative in Barisan Nasional.

A: I will have to look into that. I don’t want any particular community to feel left out.

Q: What about the policy to give freehold title to Chinese New Villages

A: Wait first. I haven’t even been to the office.

Nizar holds special meeting with his ‘excos’ - Star

Feb 7, 2009

By SYLVIA LOOI

IPOH: The new Perak state government may have been sworn in but it was business as usual for the former Pakatan Rakyat state government.

Datuk Seri Mohammad Nizar Jamaluddin, who has steadfastly refused to relinquish his post, chaired a special ‘exco’ meeting at the Mentri Besar official residence in Ipoh on Saturday.

Nizar said the special meeting, among others, approved the extension of land lease for industrial plots from the current 30 or 60 years to 99 years.

The ‘state government’, Nizar said, also approved the appointment of 342 councillors for the 15 local councils in the state.

The Sultan Azlan Shah Airport in Ipoh would also be revived with low-cost carrier Firefly flying into the airport from May 15, added Nizar.

“The state is paying RM2.7mil to Firefly as contribution to the carrier to fly into the airport,” he said, adding that the carrier would be flying to Singapore and Subang.

To a question, Nizar said there would be no problems in implementing the decisions passed during the special meeting.

“The state agencies have to concede to the government of the day and the question of them not implementing the decisions does not arise,” he said, adding that the minutes of Saturday’s would be sent to the respective departments for implementation.

On the swearing-in of Barisan Nasional exco on Tuesday, Nizar said Barisan should wait for a declaration by the High Court on the matter.

“If they go ahead and swear-in the exco, we will be the only government in the world with two mentri besars.

“I will still report for work on Tuesday as Tuesday is our meet the clients day,” he added.

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.

More news at: www.malaysiakini.com

Protest and tear gas rock royal town - Malaysiakini

Feb 6, 2009

Watch the video courtesy of Malaysiakini

Watch the video courtesy of Star:

Angry protesters rally at royal town - Star

Feb 7, 2009

KUALA KANGSAR: This peaceful royal town turned unruly when hundreds of protesters faced off with police in an attempt to stop the swearing-in ceremony of the new Mentri Besar at the hilltop Istana Iskandariah yesterday.

While all was calm inside the palace as preparations were being made for the swearing-in of Pangkor assemblyman Datuk Zambry Abdul Kadir, about 300m away from the palace on Jalan Bukit Chandan a different scenario was shaping up: an angry crowd had swelled at the Ubudiah mosque just before noon.

Tense situation: FRU personnel holding back the demonstrators in front of the Ubudiah Mosque at Bukit Chandan in Kuala Kangsar yesterday. — SAIFUL BAHRI / The Star

Carrying banners and shouting slogans that included “Dissolve the state assembly!”, “Exercise your constitutional rights!” and “Long live Nizar!”, followed by cries of “Allahu­akbar!”, the protesters tried to enter the palace.

Some tried to stop the cars that had VIPs making their way into the palace for the 3.30pm ceremony. Even the limousine carrying Raja Muda of Perak Raja Dr Nazrin Shah was blocked by a man who brazenly lay on the road, while others surrounded the car and shouted at the occupants. Many threw sticks at the cars.

Deputy Prime Minister Datuk Seri Najib Tun Razak’s car was also forced to slow down and inch its way through the palace.

By 2.45pm, a line of cars ferrying, among them the Raja di-Hilir and state politicians, had formed. This prompted Federal Reserve Unit personnel (FRU) to fire several rounds of tear gas after the crowd failed to heed warnings to disperse.

Police custody: Protesters being arrested by police in front of the Ubudiah Mosque yesterday. — ZABIDI TUSIN / The Star

The protesters instead retaliated by throwing stones, shoes, bottles and even bricks at the police. Several arrests were made.

The crowd refused to back down and many stayed put to wait for the VIPs to drive out from the palace after the ceremony had ended. Tear gas canisters were fired again, some even landing near the VIPs’ cars.

No entry: Protesters blocking an official car belonging to the royal family outside Istana Iskandariah in Kuala Kangsar yesterday.

At about 4pm, a man climbed onto an FRU truck. Claiming to be a state PAS committee member, he spoke through a loud-hailer, urging the crowd to disperse. He told them their message of protest had been made known to the world.

The crowd later thinned out by around 5.30pm.


Some protesters who had gathered on the sides of the road near the Jalan Bukit Chandan roundabout jeered at the cars that ferried Sultan Azlan Shah and Raja Nazrin.

Jammed road: Tear gas enveloping the area as cars carrying VIPs try to pass through the protest site yesterday

They also gave the thumbs-down sign as the cars drove by.


Through all these, Dr Zambry was sworn in as the 11th Mentri Besar of Perak. He took his oath of office before the sultan and later sped off to his constituency where a celebration awaited him.

Only no-confidence vote can force MB to step down - Malaysiakini

Terence Netto | Feb 6, 09 5:33pm

There is no provision for a ruler of a state to dismiss a chief minister or menteri besar, and a ruler can ask the chief minister to resign only after the latter has lost a motion of no confidence in the state legislature.

These constitutional precedents were established by the High Court in Sabah in the famous case involving Mustapha Harun against Mohd Adnan Robert and Joseph Pairin Kitingan in 1985.

The Sabah state election in April 1985 had issued in Mustapha’s United Sabah National Organisation (Usno) winning 16 seats, Pairin’s newly-formed Parti Besatu Sabah (PBS) gaining 26 seats and Datuk Harris Salleh’s Berjaya garnering 6 seats.

In a dramatic development following the counting of votes, a delegation headed by Mustapha went to Mohd Adnan’s official residence in the early hours of April 22 and got the governor to swear him in as chief minister.

By morning the same day, Mohd Adnan revoked the appointment and later swore in Pairin as chief minister.

Mustapha took both Mohd Adnan and Pairin to court but in a landmark judgment Justice Tan Chiaw Tong of the High Court in Sabah upheld the following precedents - that a ruler can appoint as chief minister an elected member of the legislature who in his opinion enjoyed the confidence of a majority of the members; and, that once appointed a chief minister was obliged to resign only after he had lost a vote of no confidence in the legislature.

Bar Council’s statement improper


Senior constitutional lawyer Dominic Puthucheary, who appeared for Mohd Adnan and Pairin in the 1985 case, said in an exclusive interview with Malaysiakini today that based on Justice Tan’s landmark judgment, there is no constitutional provision for the dismissal of a chief minister by the ruler.

“He relinquishes his position by dint of a vote of no confidence in the state legislature,” said Puthucheary.

“Therefore the relinquishment of office by a chief minister or menteri besar can only follow upon a motion of no confidence, not by any other means,” argued Puthucheary.

“This precedent has been established in that case in Sabah and it follows therefore that what has taken place in Perak over the past two days raises serious constitutional issues which only a court can resolve,” he elaborated.

“I think the Perak imbroglio is a matter for the courts to resolve,” said Puthucheary who regretted as “improper” the statement by Bar Council chairman Ambiga Sreenivasan that the Perak menteri besar was obliged to resign following a call to do so by Sultan Azlan Shah.

“The Bar Council has no business to opine in this matter,” he said.

Friday, February 6, 2009

Karpal to file law suit against Perak Sultan - Sun

By Giam Say Khoon

KUALA LUMPUR (Feb 6, 2009): DAP chairman and Bukit Gelugor MP Karpal Singh(pix) today gave notice that he will file a lawsuit on Tuesday against the Sultan of Perak and the new Barisan Nasional (BN) state government for acting beyond the state Constitution should the new Mentri Besar be sworn in today.

DAP chairman and Bukit Gelugor MP Karpal Singh will sue the Sultan of Perak and the new BN government for acting beyond the state constitution.

He told a press conference here that since the Election Commission had ruled that there was doubt over the vacancy of the state seats of Changkat Jering (Mohd Osman Jailu) and Behrang (Jamaluddin Mohd Radzi) after the pre-signed letters submitted by Assembly Speaker V. Sivakumar in relation to their resignation were contradicted by denials from both assemblymen, it triggered the provision of Article 33 (1) that "if any question arises whether a member of the state Legislative Assembly has become disqualified for membership, the decision of the assembly shall be taken and shall be final".

"It was, therefore, for the assembly to decide on the status of the three assemblymen (including Jelapan assemblyman Hee Yit Foong who quit DAP) and not the Sultan, who determined that they remained independent assemblymen despite having submitted undated resignation letters to the Speaker.

"In my view, the trio remained PKR and DAP assemblymen until their resignation letters were subjected to determination by the assembly pursuant to Article 33(1)," he said.

Karpal said the removal of Datuk Seri Mohammad Nizar Jamaluddin by Sultan Azlan Shah was purportedly pursuant to Article 16 of the state Constitution which states that "if the MB ceases to command the confidence of the majority of the members of the state legislative assembly, then unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the executive council" and the Sultan's action is "clearly ultra vires" the provision of this article.

"The decision of the Sultan can be questioned in a court of law. As far back as 1977, a strong five-man bench of the Federal Court had ruled that the decision of the King to confirm three detention orders under the Emergency Ordinance 1969 was amendable to judicial review if it was ultra vires the provisions of the Federal Constitution.

"With that ruling of the Federal Court which has stood the test of time for 32 years, beyond a pale of doubt, the Sultan has contravened Article 16(6)," he said.

Karpal added that it was clear enough that the Sultan cannot invoke his powers under Article 16(1) to appoint a BN executive council with a new MB as Nizar's government still has the constitutional supremacy and legitimacy and "the actions of the Sultan of Perak are, clearly, premature".

He said the PR government should be allowed to invoke Article 33(1) without any hindrance.

"If the Sultan persists in appointing a BN executive council and MB, the PR will have no alternative but to seek judicial pronouncement in the interests of the people in Perak. The judicial proceedings will inevitably include the new state government," he said.

At the same event, Karpal also condemned Opposition leader Datuk Seri Anwar Ibrahim and Deputy Prime Minister Datuk Seri Najib Razak for supporting party hopping to form governments. (Najib had in fact blamed Anwar for starting it first with his Sept 16 campaign.)

"Anwar Ibrahim was wrong to start a campaign to take power on a strength of crossover. Likewise Najib is wrong. You must get power from the people in a constitutional manner... It is all wrong to take power from the strength of crossover.

"Crossing over should be made a criminal offence because it is cheating the public," he said, adding that the Federal Constitution should be amended and DAP would support BN in this matter.

Nizar will sue Zambry’s BN government - Malaysia Today

Friday, 06 February 2009 20:33

By Adib Zalkapli, The Malaysian Insider

Just hours after BN’s Datuk Zambry Kadir was sworn in as the 11th Perak Menteri Besar, Datuk Seri Nizar Jamaluddin declared that he is still running a legitimate government and vowed to seek legal action to declare the new BN government unconstitutional.

“Today there is a constitutional crisis as we have two menteris besar. I am the 10th MB and I have not resigned, but the 11th MB was appointed,” Nizar told reporters at the MB’s official residence here.

He also denied media reports that he was taking legal action against Sultan Azlan Shah, saying he would only act against Zambry.

“The crisis can only be solved through legal means,” he said.

Nizar reiterated his stand that he would only step down if the state assembly passes a vote of no confidence against his leadership or if the Pakatan Rakyat coalition is defeated in a snap election, adding that he has no intention of going against the state Ruler.



“I act this way so that the people will respect the monarchy. So that the palace is not seen to be supporting any political party. I am just defending the monarchy,” said Nizar.

He said that he would continue to report to work and confirmed that he has not received notice to evict the official residence.

On the protest near the Kuala Kangsar palace where Zambry was earlier sworn in, Nizar said his administration had nothing to do with the incident.

“It was the wish of the people,” he added.

Cops fire tear gas as supporters breach barricade - Malaysiakini

Feb 6, 09 2:36pm

Breaking News! Some 500 Pakatan Rakyat supporters broke through a police barricade outside the Ubudiah mosque in Kuala Kangsar during a protest march this afternoon.

The supporters, which included a large group of women, had wanted to march from the mosque to the Iskandariah palace some 300m away where the swearing in of the new Perak menteri besar is scheduled to take place at 3.30pm.

However, the police fired several rounds of tear gas, forcing the supporters to retreat back into the mosque.

The police have deployed some 30 Federal Reserve Unit (FRU) and 20 uniformed personnel.

More news at www.malaysiakini.com

Perak: Sultan acted beyond his powers, says Karpal - Star

Feb 6, 2009

01:05pm DAP Chairman Karpal Singh said that the Sultan of Perak had acted beyond the powers conferred to him in dismissing the state government of Nizar. He said that Nizar will file a suit against the Sultan and the new state government at the Ipoh High Court on Tuesday if the new Barisan government takes power.

12:20pm Perak state assembly speaker V. Sivakumar said that he will write to the Sultan of Perak by 3pm to seek permission to convene an emergency state assembly sitting and to postpone the swearing-in of the new mentri besar at Istana Iskandariah, Kuala Kangsar

12:15pm DAP’s Nga Kor Ming told reporters that Pakatan Rakyat will go on a statewide roadshow to explain to the people the situation and swore that Pakatan will return to power in Perak.

10:45am Perak CPO Deputy Comm Datuk Zulkifli Abdullah said police have secured the state secretariat building following a request by the state secretary to ensure the smooth transfer of power.

10:40am Nizar left the state secretariat building saying that he has been allowed to keep his car until the new mentri besar Datuk Dr Zambry Abd Kadir is sworn in at 3:30pm.

10:15am Nizar was escorted out of his now emptied room at the state secretariat by Ipoh OCPD Azisman Alias who also stopped Nizar from giving a press conference in the room.

09:50am Mohd Nizar Jamaluddin, ordered by the Perak Sultan to quit as MB, entered the state secretariat building in his state issued new Toyota Camry. He was allowed to pass through the police barricade on the main road leading to the building. He then stepped out of the car to ask the guard at the main gate to let him in. His excos were also allowed in.

At the Perak MB's residence last night - Malaysia Today

Feb 6, 2009

Thousands turned up at the MB's residence on Thursday night as a show of support. Extremely visible were the large number of Chinese and Indians.







Perak: A constitutional crisis - Malaysia Today

By Malik Imtiaz Sarwar (The Malaysian Insider)

FEB 6 — Now that the dust is settling, it is becoming clearer what it is that took place in Perak over the last 24 hours. My respectful view is that His Highness may have acted erroneously in directing the resignation of the menteri besar.

As always, it will be useful to consider the objective facts. They are as follows:

* His Highness, the Sultan of Perak, granted audiences and in doing so was made to understand that the majority of the members of the Legislative Assembly no longer support the incumbent menteri besar. Of these, three memberships are disputed in view of letters of resignation having been tendered to the speaker. The speaker has taken the position that the letters are valid and as such the three members are no longer members. Further, legal proceedings are being contemplated

* excluding the three disputed memberships, both the Pakatan Rakyat and the Barisan Nasional each hold influence over 28 members

* 28 members have indicated in private to His Highness that they no longer have confidence in the incumbent menteri besar. With the two disputed memberships, this number increases to 31

Crucially, the directive was made in accordance with Article 16(6) of the Perak Constitution. This article provides that where a request for dissolution is made as a consequence of the menteri besar ceasing to command the confidence of the majority of the members of the assembly and His Highness refuses, the incumbent menteri besar must tender the resignation of the Executive Council.

From the above, it is apparent that His Highness considered the situation to be one in which the menteri besar had ceased to command the confidence of the majority of the members. In doing so, His Highness accepted the three disputed members as still being members of the assembly and as such approached the situation on the assumption that the Barisan block outnumbered Pakatan by three instead of one.

It must be borne in mind that:

* as noted above, Article 16(6) is specifically directed to a no-confidence scenario, that is the incumbent menteri besar can seek the dissolution of the assembly upon his having ceased to command the confidence of the majority

* Article 36(2) however provides more generally that His Highness has the power to dissolve the assembly. It is clear that this provision is aimed at allowing His Highness to dissolve the assembly for other reasons thought to be appropriate

* as a matter of law His Highness is empowered to do what is permitted under the Perak Constitution and the Federal Constitution. This is the essence of a constitutional monarchy

* the Perak Constitution does not empower His Highness to dismiss the menteri besar. The manner in which the menteri besar is to be removed from office is as provided for under Article 16(6), through a refusal to dissolve the assembly at the request of the menteri besar when the menteri besar has ceased to command the confidence of the majority of the assembly.

It is apparent that His Highness had moved on the assumption that the request for dissolution was prompted by the menteri besar having ceased to command the confidence of the majority. This may have been based on a misapprehension of the situation and the appeal to the Sultan to dissolve the assembly for reasons other than confidence. If so, then the directive to resign was arguably not tenable.

However, it could be said that all things considered His Highness had come to the conclusion that in any event the menteri besar no longer commanded confidence. In this context, the central question is whether His Highness was empowered to conclude that the incumbent menteri besar no longer commanded the confidence of the assembly without there having been a vote of no confidence.

There is precedent. The Federal Court had in 1966 (Stephen Kalong Ningkan) determined that a similar provision of the Sarawak Constitution required there to be a vote of no confidence taken in the assembly before the chief minister was obliged to resign. The decision was based on several key factors that I believe to be relevant to this discussion. These were:

* the Sarawak Constitution did not empower the Governor to dismiss a chief minister

* the phrase “confidence of the majority” was a term of art and could be read as implying the need for a vote of confidence or a vote on a major issue. The court took into consideration the fact that the Sarawak Council Negri should, in principle, manage its own affairs

* no vote had been taken in the Council Negri and instead the Governor had come to his conclusion based on extraneous matters, particularly confidential letters. The court observed that members expressing a view outside the Council Negri might very well take a different position in it when under the scrutiny of the public. This was of particular significance as out of the 42 members of the Council Negri only 21 had indicated their not supporting the incumbent chief minister.

It could therefore be credibly argued that the Perak Constitution requires the tabling of a vote of confidence in the circumstances. The factors considered by the Federal Court have great significance to the scenario at hand, one as ambiguous as that which the Federal Court was faced with in 1966.

Much will now depend on what the incumbent menteri besar does. In Stephen Kalong Ningkan, the chief minister concerned took it to court and won. The Federal Court declared the Governor as having acted unconstitutionally and the dismissal of the chief minister invalid. Mohamad Nizar could attempt the same course.

It would be regrettable if the situation were forced to escalate to that level. Litigation of that nature, any nature for that matter, will be disruptive at all levels. With the Barisan Nasional moving in already, it seems that there is little choice in the matter. Walking away is simply not an option that the Constitution and the people and democracy will allow for.

In the meanwhile, we will have to buckle in for what has become a full-blown constitutional crisis.

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

Last day in office - unceremoniously removed - pix by NST

Feb 6, 2009

LAST VISIT....Datuk Seri Mohammad Nizar Jamaluddin walking towards his desk which he later found the drawers emptied. Less than 30 minutes later, he was escorted out by police personnel - NST Pix by Ikhwan Munir

Datuk Seri Mohammad Nizar Jamaluddin showing an empty drawer. Behind him are the former Perak Exco members

Nizar leaving the State Secretariat

Nizar finds his office emptied - Star

Feb 6, 2009 By TEH ENG HOCK and IVAN LOH

IPOH: All of Datuk Seri Mohammad Nizar Jamaluddin’s belongings, including personal items and official documents, have been removed from the Mentri Besar’s office.

Nizar arrived at the State Secretariat building at 9.50am in his official car but was not allowed in until he stepped out to ask the security guards for permission.

When he arrived at his office, he was surprised to see that his cabinets and drawers had been emptied, with photos on the walls removed as well.

He said all the items had been taken away under the instruction of State Secretary Datuk Abdul Rahman Hashim.

He described that his office as having been “ransacked”, without even a notice of eviction served on him.

“There’s nothing left, I had all my personal belongings in the drawer but have all have been taken away,” said Nizar at the Mentri Besar’s office on Friday.

“I don’t know where they kept my belongings but I believe they have kept them safely,” he added.

Nizar spoke briefly to pressmen in the room, stressing that the Pakatan Rakyat government was still the legal administration in Perak.

“At the state assembly, if there is a vote of no confidence on me then I will tender my resignation. That process must be adhered to,” he said.

He said he would continue with his daily duties, including contacting some of consultants and potential investors to postpone appointments that had been set earlier.

“I ask the people to remain calm. We are living in a world of law so the law supersedes,” he said.

Asked what would happen if new Mentri Besar Datuk Zambry Abd Kadir moved into the office Friday, Nizar said: “I will probably share the room with him. It’s better to have a ship with two captains isn’t it?”

The press conference was cut short by Abdul Rahman, who ordered reporters to leave the building at 10.10am.

His words fell on deaf ears, prompting Ipoh OCPD Asst Comm Azisman Alias to step in with his officers to escort Nizar, his aides, executive council members, and the media out.

But the situation quickly turned into a cat-and-mouse game between the police and the media, as reporters scattered into the rooms of other exco members instead of leaving the building.

ACP Azisman and his men had to go from room to room to constantly remind and escort the 50-odd pressmen out of the building.

At about 10.40am, Nizar was seen leaving the building in the official Mentri Besar’s car.

Thursday, February 5, 2009

Perhimpunan Selamatkan Kerajaan Pakatan Rakyat Perak Hari ini (5 Feb)

Feb 5, 2009

Perhimpunan 100 ribu rakyat akan diadakan hari ini (5 Feb) pada jam 7 malam di Kediaman Rasmi Menteri Besar Perak, bersama Ketua Pembangkang Datuk Seri Anwar Ibrahim dan semua Menteri Besar Negeri Pakatan Rakyat, bagi menyatakan sokongan terhadap kerajaan Pakatan Rakyat Negeri Perak dan menuntut agar hak rakyat dikembalikan.

Berikut adalah mesej khas dari Datuk Seri Anwar Ibrahim buat semua penyokong Pakatan Rakyat:

"Pertahankan Kuasa Rakyat - Saya bersama Menteri Besar dan Pakatan Rakyat esok Khamis 7:30 malam di Ipoh. Saya yakin, Insyallah rakyat yang menentukan."

Semua penyokong Pakatan Rakyat dan aktivis diminta hadir untuk memberi sokongan.

BIRO PENERANGAN PARTI KEADILAN RAKYAT

Perak: Think about what you’re doing, Lim tells Hee - Star

Feb 5, 2009 By IAN McINTYRE

GEORGE TOWN: DAP secretary-general Lim Guan Eng has asked Jelapang assemblyman Hee Yit Foong to reconsider her decision to quit the party and become an Independent.

He said her move to support Perak Barisan Nasional was tantamount to betraying the trust of those who voted her in.

‘‘I believe she is the first DAP assemblyman to cause a (state) government to fall. The issue is not about her leaving the party but leaving the people who supported her,’’ Lim, who is Penang Chief Minister, told a press conference at his office.

He accused Hee of making a mockery of the democratic election process.

Asked if the engineering of defections in Perak would spread to Penang, Lim was confident it would not occur because the Pakatan government was strong with a clear two-thirds majority.

He also supported DAP chairman Karpal Singh’s call for a proposal for an amendment to the Federal Constitution, seeking to outlaw any form of party hopping or political defections.

Sultan Azlan Shah’s statement - Star

Feb 5, 2009

The following is the media statement issued by the office of Duli Yang Maha Mulia Paduka Sultan of Perak, Sultan Azlan Shah, which was signed by the ruler’s private secretary, Col. Datuk Abd Rahim Mohamad Nor.

Media statement from the Office of DYMM Paduka Seri Sultan Perak Darul Ridzuan
Yang Amat Berhormat Datuk Seri Mohammad Nizar Jamaluddin was granted an audience by Duli Yang Maha Mulia Paduka Sultan of Perak Darul Ridzuan on Feb 4, to ask for his Royal Highness’s consent to dissolve the Perak State Assembly.

Yang Amat Berhormat Datuk Seri Mohd Najib Razak, Deputy Prime Minister of Malaysia, also requested for an audience with his Royal Highness in his capacity as the Perak Barisan Nasional chairman and consent was granted to be present before his Royal Highness on Feb 5.

Yang Amat Berhormat Datuk Seri Mohd Najib informed that the Barisan Nasional and its supporters, now comprising 31 state assemblymen, had the majority in the State Assembly.

On the order of the Duli Yang Maha Mulia to ascertain that the information given was accurate, all the 31 state assemblyman were to present themselves before Paduka Seri Sultan.

After meeting all the 31 assemblymen, DYMM Paduka Seri Sultan of Perak was convinced that YAB Datuk Seri Mohammad Nizar Jamaluddin had ceased to command the confidence of the majority of the State Assembly members.

DYMM Paduka Seri Sultan of Perak had also considered thoroughly YAB Datuk Seri Mohammad Nizar Jamaluddin’s application on Feb 4, 2009 for his Royal Highness’s consent to dissolve the Perak State Assembly.

His Royal Highness had used his discretion under Article XVIII (2)(b) of the Perak Darul Ridzuan State Constitution and did not consent to the dissolution of the Perak State Assembly.

YAB Datuk Seri Mohammad Nizar Jamaluddin was summoned to an audience with the Sultan to be informed of his Royal Highness’s decision not to dissolve the State Assembly, and in accordance with the provisions of Article XVI(6) of the Perak Darul Ridzuan State Constitution, DYMM Paduka Seri Sultan of Perak ordered YAB Datuk Seri Mohammad Nizar Jamaluddin to resign from his post as Perak Mentri Besar together with the members of the state executive council with immediate effect.

If YAB Datuk Seri Mohammad Nizar Jamaluddin does not resign from his post as Perak Mentri Besar together with the state executive council members, then the posts of Mentri Besar and state executive councillors are regarded as vacant.

This statement is issued with the consent of Duli Yang Maha Mulia Paduka Seri Sultan of Perak Darul Ridzuan. -- Bernama

Perak drama: Pakatan will not back down - Star

Feb 5, 2009

(5:10pm) MB Nizar says the Pakatan Rakyat state government will not resign because it still is in power. Instead, it will seek another audience with the Sultan to request the state assembly be dissolved and fresh elections called.

(4:50pm) MB Nizar tells press conference Pakatan Rakyat will appeal to the Sultan for the state assembly to be dissolved so that the people of Perak can decide on their next government. He, however, has not yet addressed the issue of him resigning as MB.

(4:45pm) PM Datuk Seri Abdullah has told Pakatan Rakyat to accept Barisan's rule in Perak. "They should accept it just as we had accepted results of the general election," he said. Abdullah also expressed his appreciation to the Perak Sultan for not dissolving the state assembly.

(4:21pm) Police and FRU have taken over the State Secretariat building. Once Sultan Azlan Shah declared the Mentri Besar and excos must step down, the state secretary sent letters to all excos telling them to surrender their belongings, such as keys and cars etc. He also went to the offices of the excos and told all their personal assistants to leave immediately.

Perak: Sultan tells MB to resign, no dissolution - Star

Feb 5, 2009

IPOH: Sultan Azlan Shah has decided not to give his consent to the dissolution of the Perak state assembly and has ordered Mentri Besar Mohammad Nizar Jamaluddin and his state executive council to step down with immediate effect.

The office of the Sultan of Perak, in a statement on Wednesday, said that after meeting all the 28 Barisan Nasional assemblymen and the three independents, the Sultan was convinced that Mohammad Nizar had ceased to command the confidence of the majority of the state assembly members.

"If Datuk Seri Ir. Mohammad Nizar bin Jamaluddin does not resign his post as Perak mentri besar together with the members of the state executive council, the posts of mentri besar and state executive councilors are considered vacant," the statement said. - Bernama

Latest on Perak - Malaysiakini and Star

Feb 5, 09 10:25am

The Star:


(4:21pm) Police and FRU have taken over the State Secretariat building. Once Sultan Azlan Shah declared the Mentri Besar and excos must step down, the state secretary sent letters to all excos telling them to surrender their belongings, such as keys and cars etc. He also went to the offices of the excos and told all their personal assistants to leave immediately.

(3:30pm) PM is seeking an audience with Sultan Azlan Shah later Thursday evening.

(2.25pm): Sultan Azlan Shah does not consent to dissolution of state assembly and asks Nizar to resign as Perak Mentri Besar, reports Bernama quoting a statement from the Sultan's office. If Nizar fails to do so, the post would be considered as vacant.

1:10pm) MB Nizar, looking cheerful, just left Istana Kinta and said that Anwar will give a press conference at 3pm at his residence

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

(11:56am) Najib told reporters that he has informed Sultan Azlan Shah that Barisan has the majority to form the Perak state government. He said the Ruler will announce his decision soon.

(11:55am) Perak speaker V. Sivakumar has just left the High Court after applying to the court to declare the resignation letters of the three assembymen as valid and, therefore, their seats vacant.

(11:50am) PKR de facto leader Datuk Seri Anwar Ibrahim will be at Perak Mentri Besar’s office at 3pm and a mammoth gathering is planned for 7pm at the MB’s residence.

Malaysiakini:

4.15pm A source inside the Pakatan meeting at the MB's residence say that the atmosphere inside is sombre. Anwar is chairing the meeting, with everyone is being allowed to have a say.

4.14pm Unconfirmed reports state that former DAP state assemblyperson Hee Yit Foong's house in Ipoh and her service centre in Jelapang have been pelted with stones by people angry with her defection.

4.10pm Roads leading to the state secretariat have been blocked by the police to stop people from gathering there.

4.05pm: State secretary Abdul Rahman Hashim instructs Menteri Besar Mohd Nizar and all exco members to vacate their offices at the state secretariat as soon as possible. They have been reminded not to take any official documents with them. They were also told to hand in their official car keys as well as the keys to their offices



3.25pm: It learnt that Mohd Nizar will announce his refusal to resign as requested by the sultan.

3.20pm All top Pakatan leaders are in a meeting at Mohd Nizar's official residence to chart their next course of action. A press conference is expected to be held soon. Notable absentees are Kedah MB Azizan Razak and Kelantan MB Niz Aziz Nik Mat.

About 30 supporters have gathered outside the residence. A big team of some 50 journalists are also waiting there.

2.27pm: Bernama reports that the Sultan of Perak has rejected the request by Mohd Nizar for the dissolution of the state assembly. The report also said that the sultan has asked Mohd Nizar to step down to pave the way for a power transfer.

2.14pm: Tonight's 100,000 people gathering in support of the Pakatan government has been shifted to Stadium Ipoh from the menteri besar's official residence.

The police have issued warnings against those who take part in "illegal gatherings" in Ipoh.

2pm: Anwar arrives at Mohd Nizar's house. He is expected to hold a press conference together the menteri besar and Penang CM Lim Guan Eng at 3pm.

1.32pm: PKR source says that the sultan had asked Mohd Nizar to step down as menteri besar to allow a smooth transistion of power at their brief meeting today but the latter had refused to do so.

1.30pm: Najib just ended his Perak Umno meeting and left the party's state headquarters without calling a press conference. It is learnt there was a discussion on who to be appointed as new menteri besar.

1.25pm: Najib is still at the Umno meeting. However, it is learnt that he will not be holding a press conference after the meeting.

1.05pm: Perak MB Mohd Nizar leaves the palace. He waved and smiled at reporters. He just said: "Good signs. Alhamdulliah." His meeting with the sultan lasted 15 minutes. He had entered the palace at 12.50pm.

Mohd Nizar will be holding a press conference along with Pakatan leader Anwar Ibrahim and DAP leader Lim Guan Eng at 3pm.

12.50pm: Najib is presently chairing an Umno meeting in Ipoh where the choice of the new menteri besar is being discussed. He is expected to call for a press conference within the next hour.

12.40pm: There is an indication that Sultan Azlan Shah will allow Barisan Nasional to form a state government with the participation of three independents.

Nizar: No need for me to quit - Malaysiakini

Andrew Ong & Rahmah Ghazali | Feb 4, 09 11:29pm

Perak Menteri Besar Mohd Nizar Jamaluddin today said there was no reason for him to step down from his post as requested by the state's Barisan Nasional chief Najib Abdul Razak.

He said that he was still the head of the state government until the state assembly was dissolved by the sultan.

Alternatively, he argued, the BN should try to call for a vote of no confidence against him to force him to step down.

Speaking at a press conference at his official residence at 10pm tonight, Mohd Nizar said the suggestion by Deputy Prime Minister Najib did not reflect what was stipulated in the Perak constitution.

"Under what condition and under what law is the Barisan Nasional deputy chief referring to? Whatever that you want to do, (it) has to be based on the Perak constitution.

"Let's be professional about it. We Perakians are professional people. We would like the would-be prime minister to observe all those conditions as well," he said.

Based on the Perak constitution, Mohd Nizar said Pakatan was still the legitimate government unless the state assembly sits to pass a motion of no-confidence or if the coalition government resigns.

"Changing governments is not like changing your favourite coffee stall. You have to follow the procedures," he added.

Mohd Nizar also chided Najib for trying to take over the Perak government through unconstitutional means.

"He is just trying to scare people... he wants to do things that is not respecting the Perak constitution.

"I humbly request Najib - who will soon be prime minister - to exercise his fairness and justice to the people of Perak," he said.

To a question, Mohd Nizar said that the Pakatan government would continue to function normally until the sultan decides on a request to dissolve the state assembly.

A dramatic day in Perak


The menteri besar's press conference came at the end of what had been a dramatic day for him and his Pakatan Rakyat government.

The day started with talks of an impending defection by at least three Pakatan state assemblypersons to BN.

And as feared by Pakatan, Najib announced in Putrajaya at about 5pm that BN has secured the support of the four former Perak Pakatan assemblypersons.

Najib also said that BN now enjoyed the majority support in the state assembly - BN's 31 against Pakatan's 28. He then called for Mohd Nizar to step down along with his state cabinet so that BN can form the government.

Najib also said that he would be meeting the sultan soon to explain the shift in the balance of power in the state assembly.

While a beaming Najib was unveiling the four to the media, Mohd Nizar was having an audience with the sultan in Ipoh, making a request for dissolution so that a snap state poll can be called.

He left the palace about two hours later, telling reporters that the sultan was still contemplating his request.

Najib is expected to meet the sultan tomorrow.

Speaker declares Jelapang seat vacant

The four defectors were Jamaluddin Mohd Radzi (PKR-Behrang), Osman Jailu (PKR-Changkat Jering) and deputy assembly speaker Hee Yit Foong (DAP-Jelapang). The surprise defector was Bota representative Nasarudin Hashim who crossed over to PKR only 10 days ago.

At the same press conference, state assembly speaker V Sivakumar said that he had received Hee's resignation letter this morning.

He said that he had informed the state Election Commission about the vacancy for the Jelapang seat so that a by-election can be held within 60 days.

Also present at the press conference was state DAP chief and senior exco member Ngeh Koo Ham who criticised the media for claiming that the Pakatan government had collapsed.

"The government stays. We will wait for (the sultan to decide on) dissolution (of the state assembly)," he said.

Should the sultan withhold consent, a special sitting in the state assembly must be convened in order to pass a motion of no-confidence, said Ngeh.

He said that the state assembly was the most neutral place to evaluate the allegiance of the four former Pakatan state representatives which Najib claimed had left Pakatan.

Anwar: Give mandate back to the people

Meanwhile in Kuala Lumpur, Pakatan leader Anwar Ibrahim said that a snap poll was vital in Perak as a result of the latest development.

He said that the mandate to choose the government must be given back to the people in Perak.

To a question by reporters, Anwar also said that it was not a mistake to bring in Nasarudin into PKR in the first place.

"He wanted to join us. He visited me at my house with his wife. He then came to see me at Permatang Pauh.

"He said that he was disillusioned with Umno and he was unhappy with Najib. That's why he joined us," said Anwar, the de facto PKR leader.

He also said that he was told that Nasarudin was ‘abducted' this morning on the way to Ipoh from Kuala Lumpur. (Nasarudin denied this at the press conference in Putrajaya).

Anwar spoke to reporters after chairing a meeting at the party headquarters tonight. The meeting started at 8.30pm and went on for about three hours.

Anwar also said that Pakatan will be holding its council meeting in Ipoh tomorrow.

"We will be there to show our support for Nizar and the state government," he said.

Sultan dimohon tidak izinkan penubuhan "kerajaan kaki rasuah" - Harakah

Abdul Aziz Mustafa
Thu | Feb 05, 09 | 4:34:12 am MYT

KUALA LUMPUR, 4 Feb (Hrkh) - Ketua Penerangan PAS, Datuk Mahfuz Omar memohon agar Sultan Perak tidak mengizinkan Barisan Nasional (BN) menubuhkan kerajaan di Perak dengan mengheret dua Ahli Dewan Undangan Negeri (ADUN) yang menghadapi tuduhan rasuah untuk mendapatkan majoriti mudah.

"Jika Sultan mengizinkan penubuhan kerajaan Perak dengan cara seperti itu, ia bukan sahaja dibimbangi akan mencemarkan nama baik istana malah ia akan memberi kesan kepada pertuduhan rasuah ke atas Jamaluddin (Mohd Radzi) dan Mohd Osman (Mohd Jailu).

"Sebagaimana yang diketahui Sultan Perak sendiri, Jamaluddin dan Mohd Osman akan menghadapi tuduhan rasuah dan tindakan mereka menyokong BN walaupun sebagai ADUN Bebas dilihat sebagai usaha untuk membolehkan tuduhan ke atas mereka digugurkan," kata Ahli Parlimen Pokok Sena itu.

Jika tuduhan ke atas mereka digugurkan, katanya, adalah dibimbangi rakyat akan melihat tuduhan ke atas mereka digugurkan berikutan persetujuan istana membenarkan BN membentuk kerajaan melalui majoriti mudah hasil penyertaan kedua-dua ADUN yang dituduh rasuah itu.

"Jika perkara itu berlaku, adalah dibimbangi rakyat akan melihat istanalah yang membebaskan kedua-duanya dari tuduhan rasuah.

"Semua pihak maklum, jika mereka masih berada dalam kerajaan Pakatan Rakyat (PR), tidak mungkin tuduhan ke atas mereka digugurkan," katanya.

Mahfuz memohon Sultan Perak agar tidak melakukan sesuatu yang boleh menyebabkan baginda dituduh mengizinkan "penubuhan apa yang didakwa sebagai kerajaan kaki rasuah".

"Malah istana juga mungkin dituduh membiarkan dua orang yang dituduh rasuah berada dalam gerombolan yang memerintah Perak melalui apa yang dilihat sebagai tindakan merasuah juga - malah turut dilihat menggunakan ugutan untuk membentuk kerajaan.

"Tidak ada siapa pun yang dapat mahu melihat Sultan Perak dituduh membiarkan negeri di bawah naungan baginda dicengkam oleh gerombolan yang membentuk kerajaan melalui tindakan yang didakwa menggunakan ugutan dan rasuah," kata beliau.

Mahfuz juga tidak mahu melihat Sultan Perak dituduh merestui apa yang didakwa sebagai perancangan mengugut dan merasuah secara besar-besaran semata-mata kerana hendak menebus ego seseorang yang hendak menjadi Perdana Menteri ketika cita-citanya menerima tamparan hebat apabila indeks kepercayaan terhadapnya jatuh merudum.

"Jika Sultan terpalit dengan tuduhan sedemikian, ia merupakan satu detik hitam terhadap nama baik baginda yang selama ini merupakan Sultan yang sangat dihormati malah disanjung sebagai bekas Ketua Hakim yang begitu komited memelihara kedaulatan undang serta kesusilaan bangsa Melayu dan umat Islam.

"Kita tidak mahu sama sekali melihat Sultan Perak yang juga ketua urusan agama Islam di dalam negeri di bawah naungan baginda dituduh mencemarkan nama baik istana malah institusi Raja Melayu sendiri apabila didakwa mengizinkan penubuhan apa yang didakwa sebagai kerajaan perasuah," katanya.

Mahfuz juga mengecam Datuk Najib Tun Razak yang berharap sangat hendak menjadi Perdana Menteri Mac ini yang dilihat menjadi pengarah kepada konspirasi mengheret dua ADUN yang dituduh rasuah itu untuk membolehkan BN membentuk kerajaan di Perak.

"Kita tidak tahu berapa banyakkah wang terlibat dalam menjayakan konspirasi itu tetapi Najib dilihat tidak ada moral lagi untuk diterima oleh rakyat negara ini sebagai Perdana Menteri.

"Rakyat tidak akan menerima dan mempercayai Perdana Menteri yang dilihat mengotorkan nama negara" katanya.

Najib, katanya lagi, juga dilihat melaksanakan apa yang dibimbangi oleh bekas Perdana Menteri, Tun Dr Mahathir Mohamad.

"Dr Mahathir bimbang Malaysia akan dipimpin oleh perasuah selepas pemilihan Umno Mac ini yang diakui oleh para pemimpin Umno sendiri sebagai begitu tercemar dengan kejijikan rasuah.

"Adalah amat malang apabila Najib dilihat mengeksport kejijikan rasuah yang memburukkan Umno itu ke dalam pembentukan dan keanggotaan kerajaan Perak ," katanya.

Indeks penerimaan terhadap Najib baru-baru ini jatuh merudum apabila hanya 41 peratus sahaja dari mereka yang ditinjau pendapat mereka yang percaya Najib akan menjadi Perdana Menteri yang baik.

Tinjauan tersebut dibuat ke atas 1,018 pengundi Malaysia di negara ini oleh Merdeka Centre bulan lalu.

Wednesday, February 4, 2009

Nizar Confident Of A Fair Decision By Perak Sultan - Bernama

IPOH, Feb 4 (Bernama)

Perak Menteri besar Datuk Seri Mohammad Nizar Jamaluddin said today he was confident that the Sultan of Perak, Sultan Azlan Shah, would make a fair and just decision to resolve the state's political crisis.

"I have no doubt that the decision will be fair to all... to the people and to the political parties," he told reporters at the state Pas headquarters here tonight where he attended the party's emergency meeting.

Mohammad Nizar, who had an audience with Sultan Azlan Shah to seek his consent after announcing the dissolution of the state legislative assembly early today, told reporters that the Sultan of Perak did not convey any decision whether he would grant consent.

"He said that he needed time to look into the matter. I will abide and accept whatever the decision," he said.

He said the audience went well and that he had briefed the Sultan on the latest political development and also conveyed his request for the consent.

Mohammad Nizar said that since the Sultan of Perak had not made any decisions, "I will continue to run the state's administration together with other Pakatan Rakyat (PR) assemblymen."

"I will be working as usual," he said, adding that it was better to hold a snap election to resolve the political impasse once and for all.

Should the Sultan decide not to grant consent, he said, the PR government could still function as a caretaker government.

"This government is valid and would function as a minority government... just like in Canada and India," he said.

On Deputy Prime Minister Datuk Seri Najib Tun Razak's announcement that the Perak Barisan Nasional (BN) now had the simple majority to form the new state government, Mohammad Nizar said, he found the matter difficult to believe.

He said that the three Pakatan Rakyat assemblymen -- Jamaluddin Mohd Radzi (Behrang), Mohd Osman Jailu (Changkat Jering) and Hee Yit Foong (Jelapang) -- had not submitted any official statements on their decisions to become Independent assemblymen.

On Bota assemblyman Datuk Nasaruddin Hashim's decision to rejoin Umno, Mohammad Nizar said Nasaruddin might have been forced to quit Parti Keadilan Rakyat (PKR), the party he defected to just over a week ago.

Najib said BN now had the number to take over the Perak state government following the move by the four PR assemblymen to leave their respective parties and express support to the BN.

Following the latest development, BN and PR now have 28 seats each.

However the three Independent assemblymen have expressed support towards the BN, including on the appointment of a new menteri besar from the national coalition.

'This is not the way to do it' - Malaysiakini

Feb 4, 09 7:42pm

Putrajaya, 4 February 2009 : Deputy Prime Minister, Datuk Seri Najib Tun Razak shaking hand with Jelapang state assembly, Hee Yit Foong while Behrang state assembly, Jamaluddin (right), Changkat Jering state assembly, Mohd Osman Jailu and Bota assemblyman, Datuk Nasaruddin Hashim's (both behind Datuk Seri Najib ) looks on after Datuk Seri Najib Tun Abdul Razak announced that three Parti Keadilan Rakyat assemblymen and a DAP representative declared that they have quit their parties.

Several political leaders and an academic are crying foul over the manner in which Barisan Nasional had upstaged the Perak Pakatan Rakyat government. Among them is a BN Youth leader.

Below are their comments:

Ngeh Koo Ham (Perak DAP chair)

This is a violation of the democratic process and betrayal to the people. This only shows that BN and Umno would stoop low in using various tactics including accepting the two alleged corrupt assemblypersons to join them.

A dissolution of the state assembly is the rightful democratic process to determine the right of the people. BN assemblypersons should also support the motion for the dissolution of the state assembly if it is tabled.

The DAP challenges BN to a snap elections to resolve the present political turmoil as this episode is a betrayal of the people's rights.

Mahfuz Omar (PAS information chief)

I am surprised with the announcement made by Deputy Prime Minister Najib Abdul Razak, who recently became the BN Perak chairperson.

BN achieved this majority by taking in two people with dubious backgrounds after they had been charged with corruption

If BN forms the new Perak government, we will have a coalition which is synonymous with corruption. Umno is well known for having problems with corruption and now they are trying to take over the government through corrupt means.

This is a shame for the people of Perak and the Perak royal family.

The Sultan of Perak should not allow this to happen especially after he celebrated his silver jubilee on the throne yesterday. The people would also feel that their right has been betrayed.

The right option is to let the people decide once more by dissolving the state assembly instead of the sultan listening to Najib.

What is needed is a government which is committed and has integrity.

Tian Chua (PKR information chief)

Technically Pakatan is still governing Perak. The Sultan should accept the menteri besar's advice and dissolve the state assembly instead of listening to Najib.

Najib should follow the proper procedure and accept the challenge.

He should wait for the state assembly to be dissolved and see who will take over the state (via elections). He should not use dirty tricks, it is bad for his image as the incoming prime minister.

Lim Si Pin (Gerakan Youth chief)

This is my personal opinion. You are cheating the people as you think the voters are stupid. You are the representative of the people, how can you defect so easily.

This is an abuse of the democratic process. Gerakan is against the party hopping culture and we do not support BN's method of taking control of the Perak government by dubious means.

The Federal Constitution allows representatives the freedom to choose their party but the representatives should consider this more seriously.

With this party hopping culture, how will the voters gain confidence to cast their votes. Change in government should come through the electoral process.

However, it is advisable to wait until the Sultan reaches a decision on the matter.

Lim Teck Ghee (Centre for Policy Initiatives director)

The Perak crisis is perhaps the lowest point in Prime Minister Abdullah Ahmad Badawi’s leadership record. It casts strong doubts on the principle of political integrity.

This also applies equally to the deputy prime minister. Although Najib made the announcement it is still disputable because BN has their own opinion while Pakatan Rakyat stakeholders have their own opinion.

The best way is to have snap elections to let the people of Perakdecide. I also urge constitutional experts and other important groups to express their views on this issue.

LOMPAT MELOMPAT - Che Det


By Dr. Mahathir Mohamad
on February 4, 2009 1:28 PM | Permalink | Comments (0) | TrackBacks (0)

1. Saya kembali ke tanahair dari Djibouti dan mendengar berkenaan Ahli Yang Berhormat UMNO Perak keluar parti dan masuk Keadilan (PKR).

2. Kemudian saya dengar pula dua orang ahli PKR hilang. Bila mereka dijumpai cerita yang didengar ialah mereka sudah keluar daripada PKR.

3. Dan banyaklah berita angin berkenaan ahli-ahli Yang Berhormat yang akan lompat dari parti ke parti.

4. Dahulu UMNO dan Barisan Nasional telah cuba sekat kejadian lompat melompat dengan mensyaratkan tiap calon tandatangan surat letak jawatan sebagai ahli Yang Berhormat tanpa tarikh. Kononnya jika setelah jadi ahli Yang Berhormat mereka ingin lompat masuk parti lain maka surat letak jawatan yang telah di tanda tangani oleh mereka akan dihantar kepada Speaker (Tuan Yang di Pertua Dewan) dan dengan itu akan terlucutlan anugerah Yang Berhormat mereka.

5. Malangnya perbuatan ini didapati tidak sah daripada segi undang-undang. Jika mereka ingin keluar daripada parti maka mereka sendiri perlu keluarkan surat yang diperbuat oleh mereka dan ditandatangani oleh mereka pada ketika itu untuk disampaikan kepada Tuan Speaker.

6. Saya percaya surat yang diperbuat oleh mereka tanpa tarikh dahulu akan ditolak oleh Tuan Speaker. Oleh itu mereka akan kekal sebagai Ahli Dewan walaupun mereka lompat ke parti lain atau mereka akan jadi ahli bebas.

7. Presiden UMNO berkata UMNO sedia untuk menerima siapa sahaja untuk menjadi ahli. Ini memanglah dasar parti. Tetapi kedua-dua ahli yang ingin keluar dari PKR ini mempunyai masalah. Mereka dituduh terlibat dengan rasuah seks.

8. Apakah UMNO begitu terdesak sehingga tidak dapat tunggu keputusan mahkamah berkenaan tuduhan terhadap mereka sebelum menerima mereka? Jika diterima sekarang dan kemudian mereka didapati tidak bersalah maka Kerajaan pimpinan UMNO (lebih kurang) akan dituduh mempengaruhi mahkamah. Benar tidak benar bukan soalnya. Pada pandangan masyarakat tuduhan ini tetap akan dipercayai. Ia akan punyai kesan dalam PRU13.

9. UMNO sudah dianggap bergelumang dengan rasuah, selalu mungkir janji, mengutamakan kroni Perdana Menteri di Terengganu. Jika kepada semua ini ditambah pula dengan penerimaan orang yang dituduh melakukan rasuah seks, imej UMNO akan jadi lebih buruk.

10. Dato Abdullah Presiden UMNO, fikir dahulu sebelum beria-ia nak terima orang yang seperti ini.

Pakatan Rakyat Perak tumbang, BN bentuk kerajaan

Feb 4, 2009

Oleh ZANARIAH ABD. MUTALIB

TIMBALAN Perdana Menteri, Datuk Seri Mohd Najib Tun Razak bersama Nasarudin, Jamaluddin, Mohd Osman dan Yit Foong dalam sidang media di Putrajaya hari ini.

[DIKEMAS KINI] PUTRAJAYA: Kerajaan Pakatan Rakyat Perak yang berusia 11 bulan tumbang dengan empat Ahli Dewan Undangan Negeri (ADUN) keluar daripada Pakatan.

Kini, Barisan Nasional (BN) mempunyai kapasiti untuk membentuk kerajaan negeri yang baru.

Daripada empat yang keluar hari ini termasuk ADUN Bota, Datuk Nasarudin Hashim yang kembali menyertai Umno.

Pada 25 Januari lalu, Nasarudin mengambil keputusan keluar daripada Umno untuk menyertai Parti Keadilan Rakyat (PKR).

Tiga yang lain akan bertindak sebagai wakil rakyat bebas dan akan menyokong BN dari luar.

Mereka ialah Jamaluddin Mohd Radzi (PKR-Behrang); Mohd Osman Mohd Jailu (PKR-Changkat Jering) dan Hee Yit Foong (DAP-Jelapang).

Timbalan Perdana Menteri, Datuk Seri Mohd Najib Tun Razak ketika mengumumkan perkara tersebut berkata, BN Perak kini mempunyai bilangan majoriti ADUN untuk memerintah negeri itu berikutan keputusan yang diambil empat ADUN berkenaan.

"ADUN Behrang, Changkat Jering dan Jelapang telah maklumkan melalui surat kepada Sultan Perak mengenai tindakan mereka keluar dari parti masing-masing semalam manakala ADUN Bota kembali kepada Umno hari ini.

"Mereka telah beri mandat kepada saya selaku Pengerusi BN Negeri untuk mencalonkan nama Menteri Besar dan memberi aku janji akan bersama dan memberi sokongan kepada Menteri Besar yang dicalonkan oleh BN dan diperkenankan oleh DYMM Paduka Seri Sultan Perak," katanya dalam satu sidang media di pejabatnya di sini, hari ini.

Sidang akhbar tersebut turut dihadiri oleh empat ADUN berkenaan.

Berikutan perkembangan itu, BN kini mempunyai 28 kerusi, Pakatan Rakyat juga 28 kerusi dan Bebas tiga kerusi.

Najib berkata, walaupun BN mempunyai jumlah kerusi DUN sama banyak dengan Pakatan Rakyat tetapi BN boleh menubuhkan kerajaan negeri kerana ketiga-tiga wakil raktyat Bebas itu telah menyatakan sokongan kepada BN dalam DUN termasuk dalam soal pelantikan Menteri Besar daripada kalangan anggota BN dan mempertahankan BN.

"Mereka tidak menyertai BN tetapi mereka adalah 'friendly independent' yang akan menyokong dan mempertahan BN dalam Dewan," katanya.

Najib berkata, sejajar dengan perkembangan ini, beliau akan menghadap ke bawah Duli Paduka Seri Sultan Perak dalam masa terdekat untuk memaklumkan secara rasmi bahawa BN Perak mempunyai sokongan yang diperlukan bagi menubuhkan kerajaan baru.

Najib berkata, Fasal 16 Undang-undang Tubuh Negeri Perak memperuntukkan jika Menteri Besar hilang keyakinan atau majoriti, beliau hendaklah meletak jawatan bersama anggota exconya.

Najib berkata keempat-empat wakil rakyat itu telah memaklumkan kepada Speaker DUN Perak selain Presiden PKR dan Setiausaha Agung DAP hari ini bahawa mereka tidak lagi menjadi ahli parti berkenaan.

Mengenai tindakan Menteri Besar Perak Datuk Seri Mohammad Nizar Jamaluddin mengumumkan pembubaran DUN hari ini tanpa terlebih dahulu mendapat perkenan Sultan Azlan Shah, Najib berkata hanya Sultan Perak yang boleh memperkenankan pembubaran DUN.

Najib menyifatkan perkembangan terkini sebagai bermulanya era baru di Perak.

Menjawab soalan, Najib berkata keempat-empat wakil rakyat itu membuat keputusan berdasarkan kerelaan masing-masing tanpa habuan atau sogokan.

Berhubung dakwaan kes rasuah yang sedang dihadapi oleh Jamaluddin dan Mohd Osman, Najib berkata: "Itu adalah isu berbeza dan saya tidak boleh jawab mengenainya".

Ditanya sama ada perkembangan ini akan menjadi halangan kepada pembangkang dalam usaha mereka untuk membentuk kerajaan, Najib berkata, hasrat menubuhkan kerajaan dengan cara yang tidak berdemokrasi telah dimulakan terlebih dahulu oleh pembangkang.

"Ada orang yang nak tubuhkan kerajaan pada 16 September sebelum ini.

"Sudah tentu mereka (pembangkang) tidak sangka ini akan berlaku tetapi mereka yang mulakan konsep tubuh kerajaan tanpa prinsip demokrasi," katanya.

Komen ADUN

Bagi Nasarudin (Bota), beliau mengambil beberapa pertimbangan untuk kembali menyertai BN iaitu berdasarkan keadaan politik yang tidak menentu dan bercelaru sehingga wujud satu kerajaan yang tidak kukuh di Perak.

"Saya juga mengambil kira dan menghormati pengundi-pengundi di kawasan pilihan raya Bota serta menghormati prinsip-prinsip amalan demokrasi.

"Selain itu saya juga mengambil kira nasihat dan pandangan rakan-rakan politik dan orang-orang perseorangan yang ingin melihat wujudnya keadaan dan suasana politik dan kerajaan yang kukuh di Perak.

"Maka saya dengan penuh perasaan dan kesedaran serta tanggungjawab akan kembali semula menyertai Umno dan BN hari ini.

Sementara itu Jamaluddin (Behrang) berkata, beliau mengambil keputusan keluar daripada PKR dan menjadi ADUN Bebas kerana ada usaha dalam parti itu yang seolah-olah menghalaunya dari parti itu.

"Sebenarnya saya tak ada cadangan pun untuk sertai mana-mana parti, tapi seperti ada usaha seolah-seolah menghalau saya dari PKR, jadi saya ambil keputusan jadi calon Bebas," katanya.

Ditanya mengapa beliau tidak terus menyertai BN, beliau berkata: "Sebab saya tidak fikir apa yang akan berlaku, saya terkejut dengan tindakan (PKR negeri) yang dilakukan terhadap saya," katanya.

Perak crisis: Let the people decide - Malaysiakini

S Pathmawathy and Shingyee Koh | Feb 4, 09 5:58pm

While the situation in Perak remains uncertain, political experts today said that state representatives should return the mandate to the people by allowing them to have the final say on who they want as their state leaders.

Former University Technology Mara law professor Shad Saleem Faruqi said in such a "fluid situation, it is best the public is allowed to choose their leaders".

Shad however, opined that dissolving the state assembly was not the best option for Barisan Nasional as the national coalition does not currently enjoy mass support of the people.

The citizens, added Shad, were disgusted with the defections as they belittled their ability to elect their representatives.

"Well, it is a game of numbers. Barisan Nasional has to have the numbers for a vote of no-confidence in order to force the menteri besar to step down.

"The menteri besar on the other hand, can advise the sultan to dissolve the state assembly, initiating a snap election," he added.

Following are the views of political analysts on Perak's current political crisis.

Chandra Muzaffar, political scientist

The mess in Perak is not in the interest of the people at all, especially at a time when Malaysia, like every other country in world, is on the brink of an economic crisis.

Getting politicians to cross over and organising defections is part of Malaysian politics since the 70s.

If you look at BN, it came into being when the Sarawak United Peoples' Party (Supp) joined BN in the 1970s, followed by Gerakan and the Peoples' Progressive Party (PPP).

One of the worst cases of defection that lead to the collapse of a democratically elected government happened in Sabah in 1994. Parti Bersatu Sabah (PSB) was elected but within two weeks, their representatives were defecting and at that time it was engineered by Anwar Ibrahim.

This is very unethical, they were elected by the mandate of the people, therefore they should relinquish their seats before deciding to defect to different parties.

We do not have a law to that requires people who cross over to relinquish their seats. It is high time we implement an anti-hopping law.

It is difficult to say that if an election takes place in Perak, the outcome would be in favour of Pakatan or Barisan. It is too early to speculate.

People need to be more civilised and let the government complete its job and this goes for both Pakatan and BN.

Coming to power through the back door is just not right. Stop all this and start working for the people in this time of crisis.

Ramon Navaratnam, Transparency International president

If they want to hop, they should jump off the band wagon as well, they should just resign.

Why can't politicians be faithful? BN or any political party should call for an election when faced with such uncertainties.

They should go back to the people, and ask for their verdict because it won't be fair to the people.

The main question is: Who holds the majority of support from the electors?

James Chin, Monash University School of Arts and Social Sciences head


The key player in this crisis is the Sultan, as Pakatan will need his permission to dissolve the state government.

Although most lawyers will argue that the mentri besar is in power, according to the old British system, a monarch should always follow the advice of the prime minister, regardless of personal preference.

The Sultan should know the law better than any of us, as he was formerly the Lord President of the Supreme Court.

We have the majority: BN - Star

Feb 4, 2009

PUTRAJAYA: Barisan Nasional said it commands the majority needed to form the government in Perak while Pakatan Rakyat persisted in its attempts to dissolve the state assembly and call for fresh elections to stave off a Barisan take-over.

At a press conference here Wednesday, Deputy Prime Minister Datuk Seri Najib Tun Razak said he would be seeking an audience with Sultan Azlan Shah in a day or two to inform him of Barisan’s ability to form the new state government.

Bota assemblyman Datuk Nasaruddin Hashim who had quit Umno to join PKR less than two weeks ago, had returned to the dominant Barisan component party.

PKR’s Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu have also quit their parties, as did DAP’s Jelapang assemblyman and Perak state assembly deputy speaker Hee Yit Foong.

All three said they would remain Barisan-friendly independents for now.

“The situation in the state is critical. I have to make sacrifices,” Nasarudin said when asked why he had decided to rejoin Umno. The other three did not speak to reporters (see statements below).

Najib said the three had informed the Sultan in a letter sent Tuesday that they had quit their parties.

All four assemblymen appeared at the press conference with Najib.

Barisan and Pakatan now have 28 seats each in the 59-seat assembly. The three independents support Barisan, Najib said.

It was a turnaround from less than two weeks ago when Pakatan heralded the defection of Nasaruddin, That strengthened the tenuous hold Pakatan has had on the state since the general election last March, increasing its share to 32 seats.

Rumours were rife of more defections from both Pakatan and Barisan.

Jamaluddin and Mohd Osman went “missing” the next day and stayed incommunicado for nearly a week, leading to speculation that both were jumping ship to Umno.

When they finally resurfaced, it was to announce that they were quitting the party but would remain independent.

The two were charged in a Sessions Court on Aug 25 last year with allegedly receiving bribes over the application for a RM180mil housing project in Sri Iskandar in Perak Tengah. Their case comes up for hearing on Feb 10.

The fourth player was Hee, who last Sunday denied she was quitting the party. She handed her resignation letter to Perak state assembly speaker V. Sivakumar at 8:10am Wednesday.

In IPOH, Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin made a last-ditch attempt to save his 10-month old government from collapse.

He had sought an audience with the Sultan of Perak and scheduled a press conference for 1pm where it was expected he would announce he had been granted permission to dissolve the state assembly and call for fresh elections.

Instead, he was finally granted an audience at 4pm, while Najib was holding his press conference.

Mohd Nizar, upon leaving Istana Kinta at about 5:45pm, told reporters that it was up to the Sultan to choose to dissolve the state assembly or not.

Just a day ago, he had reiterated that he would not be calling for state elections given the political developments of the past week but was prepared for any by-election.

But with a four seat majority, and more defections likely, the Sultan looks likely to accept Barisan’s offer to form the next government, observers said.

Bota state assemblyman Datuk Nasarudin Hashim
After taking into consideration the advice and views of my political partners and those who would like to see a stable political situation and government in Perak, I, with my conscience and responsibility, return to Umno and the Barisan Nasional from today.

I have made such a decision with respect to my constituents and the principle of democracy after considering the unstable and confusing political situation in Perak, which created a shaky state government.

Changkat Jering state assemblyman Mohd Osman Mohd Jailu
I am very disappointed with the way I was treated. Even before I submitted my resignation, I have been “fired” without anyone discussing anything with me.

It was only yesterday that I decided to become an independent candidate. If the Pakatan Rakyat does not want me anymore, I have no choice but to become an independent candidate.

I have no plans yet to join Barisan Nasional but to become a friendly independent candidate. I will serve my constituency wholeheartedly without being affiliated to any party.

Behrang state assemblyman Jamaluddin Mohd Radzi
I have no plan to join any party but there was as if a force had chased me out of PKR and that is why I decided to become an independent candidate.

I have not thought about what will happen and I am shocked with what was done to me. I have been chased out by the Pakatan Rakyat and after being chased out by people, I just went to look for a new home.

Najib: BN has numbers to form new Perak state government - Star

Feb 4, 2009

Barisan Nasional is seeking to form the new Perak government. DPM Najib Tun Razak said Barisan had the numbers to do so following the return of Bota assemblyman Nasarudin Hashim to the coalition and the support of three Independents - Behrang rep Jamaluddin Mohd Radzi, Mohd Osman Mohd Jailu (Changkat Jering) and Hee Yit Foong (Jelapang). The breakdown of seats in the 59-member state assembly is - BN: 28; Pakatan: 28; Independents: 3

Dr M blasts Umno for accepting tainted reps - Malaysiakini

Feb 4, 09 5:44pm

Dr Mahathir Mohamad has blasted the Umno leadership for 'stooping low' in accepting two former PKR assemblypersons who have been charged with corruption.

Mahathir, who led the party for more than two decades, said Umno was already plagued by a corruption problem.

"With the recent defection of the two, it would further hurt Umno's image which is already tainted now. Abdullah (Ahmad Badawi) as Umno president should rethink before accepting people like this," added the 82-year-old former premier in his blog posting.

Mahathir was responding to reports that former PKR assemblypersons Jamaluddin Mat Radzi (Behrang) and Osman Jailu (Changkat Jering) have quit.

This evening, Deputy Prime Minister Najib Abdul Razak announced that the duo will remain as Independents, but ‘friendly to Barisan Nasional’.

Is Umno so desperate?

"However, the two (Jamaluddin and Osman) had been charged with corruption,” lamented Mahathir.

"Is Umno so desperate until it is not willing to wait until the court's decision before accepting them. If Umno accepts them now, and they are found not guilty then the Umno-led government would be accused of influencing the courts."

"Whether this was right or wrong is not the question. In the eyes of the public, the charge is believable and would have an impact on the next general election," he said.

Mahathir said in the past Umno and BN had tried to curb party hopping by requiring each of its candidate to sign an undated resignation letter which would be handed to the Speaker when there was evidence they may be jumping ship.

"Unfortunately, this is not legal under the law. If they want to leave the party, they should give in their own letters which they signed to be handed directly to the Speaker.

"I believe that such undated letters would be rejected by the Speaker. They would remain as an elected assemblyperson despite hopping to another party or being independent," he said.

Perak gov't collapses - BN claims power - Malaysiakini

Feb 4, 09 6.00pm

5.50pm: Opposition Leader Anwar Ibrahim accuses BN of trying to form government in Perak 'by hook or by crook'.

"We are pushing for a dissolution of the state assembly and fresh elections in the state. We must go back to the people and get a fresh mandate," he tells AFP.

"BN is trying to form the state government by hook or by crook - more by crook."

5.35pm: Mohd Nizar leaves the palace after meeting Sultan Azlan Shah. He tells reporters that he has informed the sultan of his request to dissolve the state assembly.

"It is now up to Tuanku (his highness)," he adds with a smile. The meeting lasted almost two hours.

5.08pm: 'PERAK GOVERNMENT FALLS'. Najib tells a press conference that Barisan Nasional has the support of the four former Pakatan Perak assemblypersons - three will be "BN-friendly" Independents, while Nasarudin will rejoin Umno.

Najib will meet the Perak Sultan as soon as possible. He says it is up to the sultan to decide on Nizar's request for dissolution of the assembly.

"All three state representatives - Jamaluddin, Osman and Hee - have submitted resignation letters to their former parties and have informed the sultan of their resignation.

"They have also given BN the mandate to select a new menteri besar for Perak."

Nasarudin denies the claim that he has been abducted.

Najib adds that under Article 16(6) of the Perak constitution, if the menteri besar loses the confidence of the assembly members, he is required to resign, together with all the exco members under him.

However the final decision now hinges on the Sultan of Perak - if he accedes to a Pakatan request for dissolution or allows BN to form the new government.

5.05pm: Mohd Nizar is still at Istana Kinta.

4.28pm: It is learnt that Bota representative Nasarudin Hashim is at the DPM's office, waiting to be introduced to the media by Najib.

slim majority in perak update 040209With Nasarudin's reversal of his defection, BN and its independent allies now have 31 seats against Pakatan Rakyat's 28.

4.25pm Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong are present at the DPM's office. It is believed that Najib will announce their entry into BN at his press conference.

4pm: DPM Najib Abdul Razak is expected to begin his press conference in Putrajaya soon.

3.50pm: Perak Menteri Besar Mohd Nizar Jamaluddin enters Istana Kinta to meet with Sultan Azlan Shah.

Related reports

PKR's new rep returns to Umno

Tuesday, February 3, 2009

No by-elections, says EC - so what happens now? - Malaysia Today

Feb 3, 2009 By Raja Petra

Pakatan Rakyat started out with 31 seats in the Perak State Assembly against Barisan Nasional’s 28. This means if just two Pakatan Rakyat State Assemblymen cross over, Barisan Nasional would have 30 seats against Pakatan Rakyat’s 29. This would also mean Barisan Nasional will form the new Perak state government with a majority of one seat.

While Barisan Nasional was working on these two ‘candidates’ to cross over -- the Changat Jering and Behrang State Assemblyman -- one Umno State Assemblyman crossed over to Pakatan Rakyat. Now, Barisan Nasional needs three Pakatan Rakyat State Assemblymen to cross over instead of just two.

Today, the Elections Commission rejected the resignation letters of the Changkat Jering and Behrang State Assemblymen. This means they can now join Barisan Nasional -- so Barisan Nasional will now have 29 seats against Pakatan Rakyat’s 30. All Barisan Nasional needs is just one more cross-over from Pakatan Rakyat and they will form the new Perak state government.

This not only can happen. It most likely will happen.

Pakatan Rakyat has no other choice. It has to dissolve the Perak State Assembly and call for fresh state elections. Note one thing here. It is not actually Barisan Nasional versus Pakatan Rakyat. It is Umno versus Pakatan Rakyat. From the 29 seats that Barisan Nasional now has, 28 are from Umno and only one from MCA -- with NONE from the other 12 Barisan Nasional component members.

However, to dissolve the Perak State Assembly, Pakatan Rakyat must first obtain the consent of the Sultan of Perak. Will the Sultan give his consent? Many feel the answer is no. Therefore Pakatan Rakyat will be ‘locked’ with a one-seat majority that may turn out to be a one-seat minority in the very near future.

If fresh state elections are held, Pakatan Rakyat may sweep at least 40 seats, leaving Umno with just 19 seats. MCA, MIC, Gerakan and PPP will not win a single seat. That is why Umno would not want fresh state elections, or even two by-elections. If they allow this to happen they will get wiped out and Pakatan Rakyat will increase its margin of seats even more. With a 21-seat majority it will be impossible for Barisan Nasional to continue dreaming about taking over Perak.

Where do we go from here? I wish I knew. I, on the other hand, am off to my lawyers to see whether they can keep me out of jail and the Kamunting Detention Centre.

Till later. In the meantime, I hope Pakatan Rakyat can see the logic of dissolving the Perak State Assembly so that fresh state elections can be held. That would be the only way to hold on to Perak.

Behrang rep Jamaluddin quits PKR - Star

Feb 3, 2009 BY SAODAH ELIAS

IPOH: Behrang assemblyman Jamaluddin Mohd Radzi has quit PKR, saying he would not be joining any other political party and would remain an independent member of the Perak Legislative Assembly.

He said there was not much point of him staying on as member of a party which had shown such “scant disregard” for his rights as member.

“I sent the (resignation) letter to the Perak PKR office here through an aide today (Tuesday). I am not sure whether it has received the letter,” he said.

He said he was not sure whether his party colleague, Changkat Jering assemblyman Mohd Osman Mohd Jailu, would do the same.

Jamaluddin said the move by the state PKR leaders to hand over his undated resignation letter as assemblyman -- signed in March last year “under duresss” he claims -- without his consent was the last straw.

“The distrust shown by the state party leadership towards me has made it impossible for me to remain in the party,” he said.

Commenting on Election Commission’s decision that he and Mohd Osman were still members of the Perak Legislative Assembly, Jamaluddin said he respected the Commission’s stand and urged others to do the same.

He said once a decision had been made, it should be respected.

“Those who are clamouring for a by-election should now concentrate on serving the people,” he said.

Jamaluddin also said that he was feeling much better after undergoing traditional treatment for his back problem.

Jamaluddin and Mohd Osman had created a furore after they disappeared for days, fuelling speculation that they would be quitting the party to join political rivals Umno. They both now say they had both been unwell and seeking medical treatment.

With Jamaluddin’s resignation confirmed, the Pakatan Rakyat government in Perak now controls 31 seats compared with Barisan Nasional’s 27.

Behrang rep Jamaluddin quits PKR - Star

Feb 3, 2009 BY SAODAH ELIAS

IPOH: Behrang assemblyman Jamaluddin Mohd Radzi has quit PKR, saying he would not be joining any other political party and would remain an independent member of the Perak Legislative Assembly.

He said there was not much point of him staying on as member of a party which had shown such “scant disregard” for his rights as member.

“I sent the (resignation) letter to the Perak PKR office here through an aide today (Tuesday). I am not sure whether it has received the letter,” he said.

He said he was not sure whether his party colleague, Changkat Jering assemblyman Mohd Osman Mohd Jailu, would do the same.

Jamaluddin said the move by the state PKR leaders to hand over his undated resignation letter as assemblyman -- signed in March last year “under duresss” he claims -- without his consent was the last straw.

“The distrust shown by the state party leadership towards me has made it impossible for me to remain in the party,” he said.

Commenting on Election Commission’s decision that he and Mohd Osman were still members of the Perak Legislative Assembly, Jamaluddin said he respected the Commission’s stand and urged others to do the same.

He said once a decision had been made, it should be respected.

“Those who are clamouring for a by-election should now concentrate on serving the people,” he said.

Jamaluddin also said that he was feeling much better after undergoing traditional treatment for his back problem.

Jamaluddin and Mohd Osman had created a furore after they disappeared for days, fuelling speculation that they would be quitting the party to join political rivals Umno. They both now say they had both been unwell and seeking medical treatment.

With Jamaluddin’s resignation confirmed, the Pakatan Rakyat government in Perak now controls 31 seats compared with Barisan Nasional’s 27.

EC decision on Perak challenged - Star

Feb 3, 2009 By CLARA CHOOI and FLORENCE A. SAMY

IPOH: Pakatan Rakyat has given the Election Commission 48 hours to review its decision that Behrang and Changkat Jering assemblymen Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu retained their seats and no by-elections were necessary.

Perak DAP chief Datuk Ngeh Koo Ham said that should the Commission fail to do so, Pakatan would embark on its next course of action.

He would not say what form this action would take.

Ngeh said that the Commission did not have the jurisdiction to inquire into the validity of the two resignation letters sent to Perak Legislative Assembly speaker V. Sivakumar on Sunday.

He said that under Article 113 of the Federal Constitution, the Commission was compelled to conduct elections and had no right second-guess the decision of the speaker.

“The law does not allow the Commission to conduct any inquiry, any dissatisfaction must be decided by the court.

“In this were the case, it can even refuse to proceed with elections despite being notified by the Prime Minister that Parliament has been dissolved,” he said at the Perak DAP headquarters here Tuesday.

The Commission had earlier Tuesday decided that Jamaluddin and Mohd Osman were still the assemblymen for their seats because they had sent letters disputing the validity of the resignation letters.

“But how do we know if this is true? Until today, both men have not surfaced. We do not even know if they are dead or alive,” he said.

In PETALING JAYA, DAP national advisor Lim Kit Siang said the Commission had acted unconstitionally by refusing to recognise the Perak state assembly speaker’s decision to hold by-elections.

“The Commission’s constitutional duty is to act on the Perak speaker’s official notification on the vacancy of the two state assembly seats and call for by-elections to be held in the next 60 days,” he said in a statement Tuesday.

He said the Commission had no jurisdiction to dispute the speaker’s decision.

“Any such legal challenge should come from Jamaluddin and Mohd Osman if they want to challenge the legality of their resignations from their respective state assembly seats,” he said.

As far as PKR is concerned, the Changkat Jering and Behrang seats are still vacant, said the party’s information chief Tian Chua.

“It is not the Commission’s role to question the Speaker’s decision. Its job is to conduct elections, that’s it. Now it is interfering with the Speaker’s prerogative.

“It is not up to the Commission to doubt whether the resignation letters are valid or not unless there is a court injunction by the two state assemblyman stating that the Speaker’s decision is wrong,” he said.

Jamaluddin and Mohd Osman have denied they resigned, claiming they were made to sign the letters last March “under duress.”

By refusing a by-election, the Commission was denying Changkat Jering and Behrang voters the right to representation as the “seats are now vacant,” he said.

“If the two (Jamaluddin or Mohd Osman) tried to enter the Assembly, they would not be able to go in as the Speaker has said the seats are vacant,” he said.

He said neither Jamaluddin nor Mohd Osman had contacted party leaders to explain their actions or disappearance.

The two had gone missing for more than a week, fuelling speculation that they would be joining Umno.

EC: No by-election - Star

Feb 3, 2009 PUTRAJAYA:

The Election Commission decided on Tuesday that Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu were still the assemblymen for Behrang and Changkat Jering respectively and no by-elections would be necessary.

Election Commission chairman Tan Sri Abdul Aziz Yusof said here that the decision was made because both Jamaluddin and Mohd Osman had written a letter to Perak State Assembly Speaker V. Sivakumar claiming their resignations were not valid.

“Copies of the letters have been given to the EC,” he said.

On Monday, Sivakumar had handed over the disputed letters of resignation purportedly from the two men to the state election director Adli Abdullah to seek a by-election for the two constituencies.

“The EC has looked into the matter thoroughly from the various legal aspects and hereby inform that there are doubts over the resignation letters by the incumbent assemblymen for the two seats.

“It is also in view of the fact that both assemblymen have consciously confirmed that both letters are not authorised,” he said.

As such, he said, the Commission could not exercise the power under Article 36 (5) of the Perak State Constitution in determining that there were casual vacancies.

“The commission held a special meeting this morning (Tuesday) with all seven panel members present to discuss whether to declare the seats vacant and after a lengthy discussion decided that the two assemblymen will retain the posts they were elected to during the last general election.

“This is because the second letter from the assemblymen casts doubts on the resignations sent by the same persons and so we cannot declare the seats vacant or call a by-election,” he told a press conference here Tuesday.

Abdul Aziz said that the Commission considered the matter closed after making its decision and would not investigate the authenticity of the resignation letters or seek clarification from the two assemblymen involved as that matter was outside its jurisdiction.

He said the law stated that the commission would decide if a seat was vacant and if there would be a by-election after receiving official notification from the state Speaker and it had done this.

If there were people who were not happy with the decision, they had the right to take up the matter to court and it was up to the court to consider from the legal aspect and make a decision, he added.

He said however objections and denials in cases of casual vacancies were rare since a large majority of such vacancies occurred only when an assemblyman died.

Jamaluddin, 52, is the Perak Entrepreneur Development and Cooperatives Committee chairman while Mohd Osman, 57, heads the State Tourism and NGO Committee.

They were charged in a Sessions Court on Aug 25 last year with allegedly receiving bribes over the application for a RM180mil housing project in Sri Iskandar in Perak Tengah. Their case comes up for hearing on Feb 10.

Jamaluddin (a former postman turned politician/businessman) and Mohd Osman (a retired Army captain turned politician/businessman) have not been seen in public since Bota assemblyman Datuk Nasarudin Hashim crossed over to PKR on Jan 22.

When contacted by MStar Online, Jamaluddin welcomed the EC's decision.

"To me, I accept any decision made by the EC, whether it calls for a by-election or not.

"If we don't abide by the law, who will? he asked.

Late on Monday, when asked about his earlier statement that he would quit PKR and become an independent, Jamaluddin, had said: “Things are quite chaotic at the moment. It will settle down in a few days.”

Mohd Osman, through a representative, lodged a police report at the Shah Alam police headquarters on Monday to state he did not tender his resignation as a state assemblyman.

Perak political crisis - all options will have to be considered

By Lim Kit Siang

February 3rd, 2009

The Election Commission has acted unconstitutionally outside its jurisdiction in refusing to recognize the decision of the Perak Speaker, V. Sivakumar on the vacancy of the Changkat Jering and Behrang state assembly seats and to hold by-elections.

As pointed out clearly by the former Election Commission Chairman, Tan Sri Rashid Rahman, the Election Commission’s constitutional duty is to act on the Perak Speaker’s official notification on the vacancy of the two state assembly seats and to call for by-elections to be held in the next 60 days.

It is no business of the Election Commission to act and usurp the jurisdiction of the courts to dispute the Speaker’s decision – as any such legal challenge should come from Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu if they want to challenge the legality of their resignations from their respective state assembly seats.

In this case, the Election Commission has even acted as a court of law – in a decision which is clearly influenced by the political interests and considerations of the Barisan Nasional.

With the further odds against the Pakatan Rakyat state government in Perak, all options to resolve the political crisis in Perak will have to be considered.

Monday, February 2, 2009

Business as usual in Perak, we still have majority - Suara Keadilan

Feb 2, 2009

Pakatan says both ‘missing’ assemblymen are entitled to air their grouses, but views them as having resigned as state reps and their seats vacated. Speaker V Sivakumar has already notified the EC and asked for by-election dates.

The pair was also answerable to the public, and the public has the right to know why? What were they trying to do, were they trying to hold out for anything?

Adds latest on <>Perak MB’s statement<>MCA president denies meeting DAP assemblyman<>Former EC chairman says the EC has to call by-elections<>Both former assemblyman did not turn at press conference, their aides read out statements<>Perak EC expects decision tomorrow<>Pakatan meeting at 3 pm<>Former assemblymen to hold press conference <>MB meets Sultan<>Speaker informs EC<> Quotes in relation to the ‘Pairin case’

By Wong Choon Mei

Pakatan Rakyat leaders said the Perak state government was in good hands and stable condition following the resignations of two ‘missing’ KeADILan assemblymen, and not in a state of chaos as reported by the Barisan Nasional-controlled media.

“How can we be in chaos when we are still holding a majority of 30 to 27 after taking away the two seats,” said KeADILan information chief Tian Chua.

“This is deliberate propaganda put out by the BN. They are trying to destabilise us and it is dangerous and irresponsible because it might panic the ordinary rakyat.

“We stress that it is business as usual. We have enough majority to run Perak well and effectively. Again, we warn the BN, don’t mis-inform the public. Just because they need to find an excuse, don’t use scare tactics.

“The episode has backfired badly on them. This is another huge embarassment for Najib.”

Another blow for Najib

Tian was referring to deputy premier and incoming Umno president Najib Abdul Razak.

Najib took over as Perak Umno chief from Mohd Tajol Rosli Ghazali last week, in a bid to stem defections following the loss of the Bota assemblyman, Nasarudin Hashim, to KeADILan.

The DPM has also gone all out to retaliate by trying to woo over Pakatan state representatives. In particular, Najib was said to be finalising negotiations with Behrang’s Jamaluddin Mohd Radzi and Changkat Jering’s Mohd Osman Mohd Jailu.

But his plan fell through, when Pakatan decided to finally put into effect the resignations of Jamaluddin and Mohd Osman, after failing to contact both men for the past five days. The pair had gone ‘missing’ and were un-contactable by even their families.

Said a political analyst: “This is the difference in style between Najib and Tajol Rosli. Tajol wouldn’t push like this, but Najib is quite ruthless. For him, the end justifies the means.

“It is just like the Altantuya Shaariibuu murder case, when the private eye P Balasubramaniam suddenly went missing after implicating him and his wife.”

The fiasco also boomeranged back against BN component, the Chinese-based MCA.

Despite hot news that Pakatan and DAP leader Hee Yit Fong would meet their president Ong Tee Keat last night before crossing over, the defection did not materilaise.

Hee has denied the rumours, pledging her loyalty to the Pakatan. Tee Keat too has come out to deny the speculation.

“The people are exaggerating. It is a mere speculation and rumour,” Tee Keat told Bernama this afternoon.

Speaker meets EC, MB sees Sultan, ex-reps did not show up

It is KeADILan policy that elected representatives pre-sign and deposit undated letters of resignation with the party.

Their resignation letters as state representatives were put through yesterday, and have since been accepted by the Speaker of the state assembly, V Sivakumar.

Sivakumar, who has declared both Behrang and Changkat Jering seats vacant, officially informed the Election Commission at 8am today, requesting for by-elections in the two constituencies.

Perak EC director Ahmad Adli Abdullah said a decision would be made by his chairman: “Today is a public holiday in Putrajaya. I think we can expect a decision tomorrow.”

Former EC chairman Rashid Rahman told the Malaysian Insider that under current rules, the commission has no choice but to call for by-elections in the next 60 days.

“That is the requirement under the federal constitution. The Election Commission is in no position to question why,” he told the news portal.

Meanwhile, Menteri Besar Mohamad Nizar Jamaluddin met with the Perak Sultan.

“I briefed his Majesty on what happened to the two assemblymen. The Sultan has been informed and I confirm the Pakatan Rakyat government in Perak is valid and stable,” he said.

Both the former assemblymen, who were due to hold a press conference at 4 pm today, failed to show up. Their aides read separate statements that reiterated they had not resigned and wanted to continue to serve their constituencies.

Jamaluddin admits signing undated letters, but challenges validity

News that their resignations had been effected finally flushed out Jamaluddin last night. He admitted to the press that all KeADILan elected reps, including himself and Mohd Osman, had signed the undated letters last March.

However, Jamaluddin challenged the validity of the resignation letter, and gave conflicting versions to different press.

He told the Star that he would resign from KeADILan to be an Independent, but told Bernama that he had not intention to join Umno and would stay on with KeADILan.

“I am still the state assemblyman for Behrang. I have not resigned. I will challenge the validity of the letter as it was signed under duress. My problems are with PKR leaders, not with the people of Behrang,” Jamaluddin told the Star.

“I and Mohd Osman are still state assemblymen under PKR and have never announced that we were leaving the party or going to join Umno,” Jamaluddin told Bernama.

Both Jamaluddin and Mohd Osman are due to stand trial on Feb 10 on corruption charges over a RM180 million housing project in Sri Iskandar. If convicted, they face a maximum 20 years’ jail, and a fine of not less than five times the amount of gratification or RM10,000, whichever is higher.

Najib has been accused of offering to ‘drop’ the charges against them if they joined Umno.

Perak Speaker has the right to accept the quit letters

According to Tian, both Jamaluddin and Mohd Osman were entitled to air their grouses. Tian welcomed a public meeting with them in the presence of the Perak Speaker.

“If they say the resignation letters were signed under duress and they want to challenge, then let them go to the courts if they want to. We won’t block them, it is their right.

“But this case is very different from the Joseph Pairin case. In this instance, the letters were received by the Speaker, whose duty it is to receive such letters. His right cannot be questioned. In Pairin’s case, the letters of resignation were held by him and never given to the Sabah speaker because the assembly had not been formed yet.”

Tian also expressed the hope that the EC would return the mandate to the people promptly.

“That should be the next logical step. We gave both Jamaluddin and Mohd Osman ample time, but they did not bother to respond until after the resignations. The public musty ask them why? What were they trying to do, were they holding out for anything?

“But until we hear from them, as far as we are concerned, they have resigned. It doesn’t make a difference to us because we can still govern effectively. We still have a majority of 30 to 27, although it was 32 to 27 before the resignations. But we are okay with that.

“Frankly, even if we have just a one-vote majority, we can still function effectively in Perak. Our only problem is the BN keeps trying to destabilise us. They have tried to block us in every way, the most obvious is in the conversion of leasehold titles to freehold. That is a key programme involving the low-income and the poor. We won’t let that go,” said Tian.

Pundits say if the matter goes to court, then by-elections could be withheld for months, if not years.

“This is actually positive for Pakatan. By putting through the resignations, they are taking the pain upfront by discounting the two seats from their tally. It frees them from the hassle of all the politicking and allows them to get back to work with the administration of the state. Of course, it would be better for them if there were by-elections.

“For Umno and the MCA, either way, it is major pie in the face. It is also another failure for Najib. He was not able to control things and chose the worst way to regain power. The episode has exposed his character to the public, and blown up in his face.”

PKR Says It Can Retain Behrang, Changkat Jering - Bernama

IPOH, Feb 2 (Bernama) -- Parti Keadilan Rakyat (PKR) is confident of retaining the Changkat Jering and Behrang state seats in the event of by-elections.

Perak PKR chairman Osman Abdul Rahman also said that the party would have no problem choosing candidates for the two seats.

"We are confident that the voters will support our candidates because they support the party that fielded them," he told reporters after chairing the state PKR meeting here Monday.

The Election Commission (EC) would announce tomorrow whether it would call the by-elections.

Earlier Monday, Perak state legislative assembly speaker V. Sivakumar informed the state EC office here that the Behrang and Changkat Jering seats had been declared vacant following the resignation of their respective assemblymen, Jamaluddin Mohd Radzi and Mohd Osman Jailu.

The two, however, denied that they had vacated the seat, claiming that the letters received by Sivakumar were undated letters of resignation signed in March last year.

Osman said PKR was supportive of Sivakumar's move to accept the resignations of the two assemblymen.

He also said that PKR was intact and not affected by the latest political development in the state.

In a related development, Perak Umno secretary Datuk Ramly Zahary said the move by PKR to force the two to resign was unacceptable.

"The people, who voted for them, also have their rights. Why should the party force the assemblymen, who are elected by the people, to vacate the seat?" he said.

Meanwhile, MIC said the party was prepared to field a candidate in Behrang in the event of a by-election.

Its secretary-general Datuk Dr S. Subramaniam told reporters in Sungai Siput that MIC had held the Behrang seat until the defeat of its candidate Datuk M. Ramasamy to Jamaluddin in the March 8 general election.

Jamaluddin, who polled 6,771 votes, defeated Ramasamy with a 1,027-vote majority.

Mohd Osman won the Changkat Jering with a majority of 1,102 votes.

No plan to dissolve state assembly: Ngeh - Star

Feb 2, 2009

IPOH: The Pakatan Rakyat-led Perak government will not dissolve the state legislative assembly to seek a new mandate as it is still stable, said senior state executive councillor Datuk Ngeh Koo Ham.

On the contrary, he urged the Election Commission to call for by-elections in Changkat Jering and Behrang as both state seats had been declared vacant by state assembly speaker V. Sivakumar.

Ngeh, who is Perak DAP chairman, was commenting on the controversy surrounding Changkat Jering assemblyman Mohd Osman Jailu and Behrang assemblyman Jamaluddin Mat Radzi, whose seats had been declared vacant by Sivakumar.

Sivakumar’s decision is final and the Commission should discharge its duty as usual although both assemblymen were contemplating challenging the decision, said Ngeh.

“I do not see how both assemblymen can challenge the Commission process in holding by-elections in Changkat Jering and Behrang because such an objection can only be made before the speaker officially informed the Commission that the seats had been vacated,” he said.

Ngeh also confirmed that Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin had an audience with the Sultan of Perak, Sultan Azlan Shah, at Istana Kinta here Monday morning to inform him of political developments and the issue surrounding the resignations of the duo.

Sivakumar, who claimed that Mohd Osman and Jamaluddin had tendered their resignations via fax Sunday, said he had written to Perak Eelection Commission director Ahmad Adli Abdullah Monday, officially informing him that the seats had been vacated.

However, both Pakatan Rakyat assemblymen denied that they had resigned and lodged police reports through their representatives at Section 11 police station in Shah Alam at 2am Monday. -- Bernama

MB meets Sultan, speaker meets EC - Star

Feb 2, 2009

IPOH: Perak Mentri Besar Mohamad Nizar Jamaluddin was at the Istana Kinta here at 10am Monday to seek an audience with Sultan Azlan Shah.

He left after 25 minutes without speaking to reporters stationed outside the gate. He smiled, waved, and said “Thank you, we’ll meet again.”

Also on Monday, state assembly speaker V. Sivakumar met with the state Election Commission director Ahmad Adli Abdullah at 8am.

He officially submitted the “resignation letters” of Behrang assemblyman Jamaluddin Mat Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu so that by-elections can be called for the two seats within 60 days.

Jamaluddin has denied he has resigned, saying the undated letters were signed last March “under duress.” He and Mohd Osman will be holding press conferences Monday evening to announce their official stand.

“I am still the state assemblyman for Behrang. I have not resigned. I will challenge the validity of the letter as it was signed under duress,” Jamaluddin said on Sunday, adding that he was discussing with his lawyers as to his next course of action.

“My problems are with PKR leaders, not with the people of Behrang. I will not simply shirk my responsibilities to them,” he said.

He also denied rumours that he would be crossing over to Umno and Barisan Nasional, but confirmed that he would quit PKR and remain an independent.

The Perak Election Commission director confirmed with national news agency Bernama that he had received the letters from Sivakumar.

Ahmad Adli said that he would hand them over to Election Commission chairman Tan Sri Abdul Aziz Mohd Yusof for further action.

Asked on whether the declaration of the two seats’ vacancy were valid in view of Jamaluddin and Mohd Osman’s denials, Ahmad Adli said he would leave the matter to the chairman to decide.

“Today is a public holiday in Putrajaya (in conjunction with the Federal Territories Day). I think we can expect a decision tomorrow,” he told Bernama.

Meanwhile, Perak PKR chairman Osman Abdul Rahman said the party still considered the two assemblymen as members.

“We have not received any resignation letter from them,” he told reporters at the PKR office in Ipoh.

Osman said that PKR was still unable to contact the two.

Jamaluddin, 52, was the Perak Entrepreneur Development and Cooperatives Committee chairman while Mohd Osman, 57, headed the State Tourism and NGO Committee.

They were charged in a Sessions Court on Aug 25 last year with allegedly receiving bribes over the application for a RM180mil housing project in Sri Iskandar in Perak Tengah. Their case comes up for hearing on Feb 10.

The Pakatan Rakyat state government is holding on to Perak with a razor-thin margin. It now holds 30 state seats against Barisan Nasional’s 27, with two seats up for grabs in the 59-seat State Assembly if by-elections are called.

Rumours were also rife that Perak state assembly deputy speaker Hee Yit Fong, the DAP representative for Jelapang, was going to resign as well and join MCA. Her “disappearance” Sunday caused another round of anxiety within Pakatan Rakyat.

DAP secretary-general Lim Guan Eng even came out with a statement stating that any Perak DAP elected representatives who was incommunicado for more than 24 hours without reason would find their seats vacated.

At a press conference late Sunday night at her residence, Hee hit out at Lim saying she was disappointed by his press statement, adding that he should have investigated first.

She also demanded Lim apologise to her constituents for causing the unnecessary uproar, and quashed claims that she had resigned from Pakatan and joined MCA or Gerakan.

Hee said she is still a DAP member and Jelapang’s elected representative.

Spate of meetings
PAS is calling for a meeting Monday to discuss the political developments in Perak, party deputy president Nasharudin Mat Isa said Sunday.

“I only knew about the disputed resignation of the two assemblymen last night and have yet to receive a full report on the matter, I do not think that there will be more (people resigning or defecting).

“As it is, we are calling for a meeting to discuss the matter. More will be known on Monday morning,” he said.

Perak Pakatan Rakyat will also be holding an emergency meeting at Mohd Nizar’s official residence at 3pm Monday.

After Umno’s Bota assemblyman Datuk Nasarudin Hashim crossed over to PKR on Jan 25, PKR and Umno have been involved in a psychological war, with both accusing each other of trying to pinch their assemblymen

'Najib promised RM50mil for defections' - Malaysiakini

By Kuek Ser Kuang Keng | Feb 2, 09 1:40pm

PKR Ipoh Barat division head Fauzi Muda has leveled the damning claim that Umno deputy president Najib Abdul Razak had tried last year to induce him to secure the crossover of two Pakatan Rakyat representatives in Perak.

Fauzi said he had been offered a total of RM50 million for his services and to pay off those he managed to convince, but that he had remained non-committal.

While conceding that he has no concrete evidence to back his allegation, he nonetheless dared Najib (left) - also the deputy premier and deputy head of ruling coalition Barisan Nasional - to deny the claim.

Statutory Declaration Part 1. Click on image to enlarge

Statutory Declaration Part 2. Click on image to enlarge

Statutory Declaration Part 3. Click on image to enlarge

Reading from a three-page statutory declaration at a press conference in Ipoh this morning, Fauzi said a friend Suleiman Mansor, an ordinary member of Umno, had invited him to Kuala Lumpur on a business matter on March 11, 2008.

More news at: www.malaysiakini.com

Sunday, February 1, 2009

Najib behind 'disappearance' of PKR men: Anwar - Malaysiakini

Athi Veranggan | Feb 1, 09 7:21pm

Opposition Leader Anwar Ibrahim has called on Deputy Prime Minister Najib Abdul Razak to reveal the whereabouts of the two Perak executive councillors from PKR who have gone ‘missing’ for five days.

"I have received information suggesting that Najib was behind the disappearance of both PKR excos," Anwar said, taking a swipe at the Umno deputy president for proving to be an expert in 'safeguarding and protecting' missing persons.

Behrang assemblyperson Jamaluddin Mat Radzi and Changkat Jering state representative Mohd Osman Mohd Jailu have gone missing since last week and PKR de facto leader Anwar believes that BN premier designate Najib was behind their ‘disappearance’.

Anwar recalled the incident where private investigator P Balasubramaniam went missing last year after making two contradicting statutory declarations within two days in relations to the murder trial of Mongolian national Altantuya Shaariibuu.

"One should ask Najib on where the two PKR excos from Perak are, and also about Bala. After all, he is an expert in handling missing persons," Anwar, the Permatang Pauh parliamentarian, told newsmen after meeting six Perak PKR assemblypersons for an hour in a closed-door session at Yayasan Aman complex in Penanti, Penang mainland.

The six who met Anwar were Abdul Yunus Jamhari (Kuala Kurau), Tai Sing Ng (Kuala Sepetang), Chan Ming Kai (Simpang Pulai), Chang Lih Kang (PKR), S Kesavan (Hutan Melintang) and ex-Umno Bota assemblyperson Nasarudin Hashim, who crossed over to PKR last week. Gopeng parliamentarian Lee Boon Chye was also present.

On the meeting, Anwar said the six assemblypersons have pledged their loyalty and commitment to PKR and Perak state government.

"They have vowed to preserve the stability of the Pakatan Rakyat state government," he added.

Party hopping no more immoral?

Many PKR leaders believe that both Jamaluddin and Osman are now under the protection of top Umno leaders, notably Najib.

Some have alleged that millions of ringgit was involved in the BN coup de tat to usurp the Perak government from Pakatan, which came to power in last March general election.

Anwar also took a swipe at BN national chairperson Abdullah Ahmad Badawi for making a complete U-turn on the virtue of ‘party hopping’ when the prime minister confirmed today that several Pakatan assemblyperson would soon cross over to BN.

"I am shocked that he had said this when he and other Umno leaders condemned party hoppers as immoral politicians. So now he can accept party hoppers? It's no more immoral now?" he asked, referring to Umno's criticism against Nasarudin’s (right) switch of political allegiance to PKR last Sunday.

More news at www.malaysiakini.com

Perak deputy speaker found, no defection plans - Malaysiakini

Feb 1, 09 6:31pm

Perak state assembly deputy speaker Hee Yit Fong today fuelled speculation of her imminent crossover over to MCA following her disappearance from the public.

Hee, 46, who is the DAP's state representative for Jelapang, was rumoured to be defecting to MCA.

The speculation intensified after she had missed a state and party function recently. She was also absent from the meeting chaired by Mentri Besar Mohamad Nizar Jamaluddin this morning.

The media went into overdrive when all attempts to contact her via her mobile telephone had been unsuccessful.

And sources said she would be attending a MCA function tonight in Ipoh.

However, the mystery over her disappearance was solved when her party leaders managed to contact her later in the day.

It was learnt that Hee had stressed to her party leaders of her continued support for DAP and Pakatan Rakyat.

Perak DAP chief Ngeh Koo Ham also confirmed to Malaysiakini that Hee had been in touch and would not be defecting.

Found in her house

The Chinese media had also tracked her to her house in Ipoh.

She had reportedly told the reporters that she was not in hiding but had switched off her handphone due to too many phone calls asking her to comment on the defection rumour.

Talks of Hee defecting from DAP is not new. Such talks first emerged in May last year but Hee continued to stay with DAP and Pakatan.

It is an open secret that Hee has not be on good terms with DAP state leaders, in particular the Ngeh-Nga cousins - Perak DAP chief Ngeh and the party's state secretary Nga Kor Ming.

In recent days, Hee has missed two key events.

The first was DAP's Chinese New Year open house on Jan 26, in which Hee said that she went back to her hometown in Penang.

The other was Perak government's Chinese New Year celebration in Ipoh padang two days ago.

She said that she had a prior meeting with her supporters.

BN may have the numbers

If Hee had defected, BN would have had the three additional representatives it needed to claim government.

The other two are Behrang assemblyman Jamaluddin Mat Radzi and Changkat Jering assemblyman Osman Jailu, both of whom have been missing for almost one week.

At present, Pakatan has 32 seats in Perak with DAP (18), PKR (8) and PAS (6), while BN has 27 with Umno (26) and MCA (1).

Menteri Besar Mohamad Nizar Jamaluddin may however exercise his option of calling a snap election in Perak.

But the Perak sultan will be called to play a pivotal role on whether to agree with Mohmad Nizar in dissolving the state assembly or hand over the state government to the one which commands the majority, which in this case could be BN.

However, with only two likely defections, Mohamad Nizar will most likely to be pressing for by-elections in the two state seats held by Jamaluddin and Osman.

We're ready to back BN on anti-hopping law: Karpal - Star

Feb 1, 2009 By ANN TAN

GEORGE TOWN: DAP is ever ready to provide Barisan Nasional the necessary support to enact an “anti-hopping” law that would prevent elected representatives from defecting to other parties.

DAP chairman Karpal Singh said his party had stood against party-hopping since being formed in 1966.

“However, a stand is not enough,” he told newsmen after visiting Air Itam market on Sunday.

Karpal called for amendments to the Federal Constitution to make it illegal for Members of Parliament (MPs) to jump ship, saying an MP was voted by the rakyat (people) according to his party and not the individual.

“The MP represents the party and therefore has no right to cross over after being elected.

“In fact, he should quit his seat for a by-election should he decide to resign from the party he represented when he was elected,” he said.

“This is a serious cheating offence. It is a disgrace to the country,” he said, calling for Barisan to raise the motion in the coming Parliament meeting in February.

Karpal said he would personally raise the motion if Barisan would give its full support in passing the motion.

“Although Barisan did not secure a two-thirds majority, rest assured that DAP is willing to provide it the support it needs to pass the amendment,” he said.

Karpal Singh said once the amendment is passed, it should be retrospective up to Aug 31 1957 to take action against those who had crossed over since then.

“The rewards and pension they received all this while should be retracted,” he said.

Perak on the brink - Star

Feb 1, 2009

IPOH: The Perak government is teetering on the edge with the resignation of two PKR representatives announced by the state assembly speaker V. Sivakumar earlier Sunday being challenged.

Sivakumar said he had received two faxed letters stating that Jamaluddin Mat Radzi and Mohd Osman Jailu had resigned their posts as assemblymen of Behrang and Changkat Jering respectively.

Their resignations are effective 5:45pm Sunday, he said in a statement, adding that this paved the way for by-elections in the two constituencies within 60 days.

He said he would inform the Election Commission officially Monday morning.

The Commission would then deliberate if and when by-elections are to be called.

However Jamaluddin denied vacating his seat. He said the resignation letter that was supposedly sent to Sivakumar was actually an old, undated “resignation letter” that he and the other six PKR assemblymen were forced to sign in late March last year.

“I am still the state assemblyman for Behrang. I have not resigned. I will challenge the validity of the letter as it was signed under duress,” he claimed, adding that he was discussing with his lawyers as to his next course of action.

He said there was no reason for him to resign his post just because he had problems with PKR leaders.

“My problems are with PKR leaders, not with the people of Behrang. I will not simply shirk my responsibilities to them,” he said.

He also denied rumours that he would be crossing over to Umno and Barisan Nasional, but confirmed that he would quit PKR and remain as an independent.

Mohd Osman could not be reached for comments as at press time.

Their resignations, whether valid or not, come after days of speculation that they were going to defect to Umno.

The Pakatan Rakyat state government is holding on with a razor-thin margin. It now holds 30 state seats against Barisan Nasional’s 27, with two seats up for grabs in the 59-seat State Assembly if by-elections are called.

Worse, rumours are also rife that Perak state assembly deputy speaker Hee Yit Fong, the DAP representative for Jelapang, is going to resign as well and join MCA.

When contacted at her home Sunday night, Hee declined to comment.

Missing in action

Earlier Sunday, Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin said that neither the state nor family members had been able to reach the two Perak state executive councillors.

He even said the state government would lodge a police report after consulting with their families.

Jamaluddin, 52, was the Perak Entrepreneur Development and Cooperatives Committee chairman while Mohd Osman, 57, headed the State Tourism and NGO Committee.

They were charged in a Sessions Court on Aug 25 last year with allegedly receiving bribes over the application for a RM180mil housing project in Sri Iskandar in Perak Tengah. Their case comes up for hearing on Feb 10.

After Umno’s Bota assemblyman Datuk Nasarudin Hashim crossed over to PKR last week, PKR and Umno have been involved in a psychological war, with both accusing each other of trying to pinch their assemblymen.

Jamaluddin and Mohd Osman have not been seen in public since Nasarudin crossed over to PKR last Sunday, with the media also failing to reach them for comments.

Speculation had been rife in Perak that the exco duo were going to resign from PKR and become Independents before joining Umno later.

No worries

PAS deputy president Nasharudin Mat Isa said he only knew about the resignation Sunday night and had yet to receive a full report on the matter.

“I do not think that there would be more (people resigning or defecting). As it is, we are calling for a meeting to discuss the matter.

“More will be known on Monday morning,” he said, adding that the decision on who would contest in the by-elections had yet to be reached.

PKR information chief Tian Chua said that PKR is confident that it would be able to retain the seats in Behrang and Changkat Jering.

“We’re not worried -- we have succeeded in taking over the two seats from Barisan in the past, let alone retaining what we already have,” he said

Let's Have A Fresh Election - Pas - Bernama

KOTA BAHARU, Feb 1 (Bernama) -- Pas today suggested that parliament be dissolved to pave the way for a fresh election.

Its vice-president Datuk Husam Musa said calling for a fresh polls would be a better option than introducing the anti-party hopping law.

He said it was pointless for Umno to introduce the provision just to stop its elected representatives from crossing over to the opposition.

"I agree in principle, but it is better to hold a fresh election to determine the people's support towards the BN," he told reporters at his office here.

He was responding to the suggestion that an anti-party hopping low be introduced to stop elected representatives from crossing over and to ensure political stability.

Uncontactable DAP Perak Reps May Want To Quit

PENANG, Feb 1 (Bernama) -- Any DAP state assemblymen in Perak who cannot be contacted in 24 hours would be assumed to have a desire to quit their posts.

DAP secretary-general, Lim Guan Eng, today said taking into consideration the political situation in that state those who do not communicate within the time frame set may have a desire to do so.

"Regarding the development in Perak, as far as DAP is concerned I would like to announce that any DAP Perak state assemblyman and assemblywoman who are incommunicado for more than 24 hours will be taken as having a desire to resign as assemblyman or asseblywoman," Lim told reporters before attending the 2009 Chinese New Year culture and heritage celebration at the Georgetown heritage site here.

Lim, whose is Penang Chief Minister, declined to reply to further questions on the matter.

In BUKIT MERTAJAM, Opposition Leader Datuk Seri Anwar Ibrahim today said that the Pakatan Rakyat (PR) state government in Perak was strong and stable despite talk that state assemblymen from the coalition would join the Barisan Nasional (BN).

He said representatives from the (PR) had given assurances to the Perak Menteri Besar, Datuk Seri Mohammad Nizar Jamaluddin, in a meeting this morning that they would stand behind the state government.

"Till now we find the Perak state government is stable and we will defend the position of the Menteri Besar and the PR state government," Anwar told reporters after a discussion with six Parti Keadilan Rakyat (PKR) representatives, including Datuk Nasaruddin Hashim who recently joined PKR, at Yayasan Aman here.

He said this when asked to comment on the statement by Prime Minister Datuk Seri Abdullah Ahmad Badawi in Kuala Lumpur today that he did not rule out the possibility of PR state assemblymen in Perak joining the BN.

Asked if he could dismiss that possibility, Anwar said: "I am not suggesting anything and I'm saying that for now the state government is stable."

However, he said if such a situation arose the PR will face it.

"If we have to face the people, that would be good as we are confident of facing them in a an election," he said.

Asked about the presence of the PKR assemblymen today, he said only six showed up as the other two, Mohd Osman Mohd Jailu, chairman of tourism, human development and non-governmental organisations committee and Jamaluddin Mohd Radzi state entrepreneur development and cooperatives committee chairman were reported as "missing".

"The two missing could not be contacted, the others could," he said.

Anwar said till now there was no information on the two said to be missing for four to five days.

Najib & Zahid laksana "Misi Sulit" tawan semula Perak? - Harakah

Fadhlol Hadi
Sun | Feb 01, 09 | 7:59:32 pm MYT

Gambar ehsan Malaysiakini.

ADA motif besar nampaknya apabila MT Umno memutuskan Timbalan Presiden parti itu, Najib Tun Razak dilantik Pengerusi Perhubungan Umno negeri sebagai pengganti Tajol Rosli di Perak. Dalam kenyataan Pak Lah, Tajol yang mahu Najib menggantikan tempatnya, ini kerana beliau sudah tidak layak duduk di situ.

Sementara itu, Ahli Parlimen Bagan Datoh yang juga Menteri di JPM, Zahid Hamidi dijadikan regu Najib untuk membantu beliau sebagai Timbalan Pengerusi. Zahid pernah menjadi Setiausaha Pemuda Umno ketika Najib menjadi Ketua Pemuda Umno Malaysia.

Kehadiran Najib bakal menyaksikan satu perubahan drastik dalam politik di Perak. Zahid dalam kenyataannya hari ini, juga mencerminkan ada ramai Adun Pakatan Rakyat akan melompat dalam masa terdekat. Dalam erti kata lain, Umno akan "bershopping" sakan membeli Adun-Adun Pakatan Rakyat selepas ini bagi memperkuatkan misi Najib untuk duduk di Putrajaya.

Kegagalan Najib di Permatang Pauh dan Kuala Terengganu dilihat dalam konteks pilihan raya telus tetapi dalam merealisasikan "tindakan jahat" politik, ia dilihat mampu dilakukan oleh Najib dan perkara ini bukan suatu yang baru dan pernah terjadi di Kelantan, Selangor dan Terengganu malah di Sabah, sewaktu merampas negeri itu dari PBS di bawah Pairin Kitinggan.

Misi Najib begitu besar. Selain merampas negeri-negeri Pakatan Rakyat secara tidak sah dan melanggar etika demokrasi, Najib juga sedang giat berhempas pulas mempastikan Adun-Adun dan Ahli-ahli Parlimen BN yang sudah condong kepada Pakatan Rakyat tegak semula dengan pelbagai tawaran lumayan. Maklumlah, Najib bakal PM dan kini Menteri Kewangan yang boleh mengagih dan "melarikan" peruntukan untuk apa-apa tujuan sekalipun.

Syabas buat Adun-Adun PAS di Perak yang tidak goyah tetapi anda juga tidak akan terlepas dari sogokan dan godaan dunia dari BN. Kuatkan iman, perjuangan kita untuk Allah dan Rasul. Kemewahan dunia terlalu kerdil dan tidak bermakna apa-apa di sisi Allah SWT

PKR’s ‘missing two’ quit as reps - Star

Feb 1, 2009

IPOH: Jamaluddin Mat Radzi and Mohd Osman Jailu have resigned their posts as assemblymen of Behrang and Changkat Jering respectively.

Their resignations are effective 5:45pm Sunday, state assembly speaker V. Sivakumar said in a statement.

This paves the way for by-elections in the two constituencies within 60 days, he added.

He said he would inform the Election Commission officially Monday morning.

The Commission would then deliberate if by-elections are to be called and when.

Their resignations, ending days of speculation that they were going to defect to Umno, leaves the Pakatan Rakyat state government with a razor-thin margin. It now holds 30 state seats against Barisan’s 27, with two seats up for grabs in the 59-seat State Assembly once a by-election is called.

Rumours are also rife that Perak state assembly deputy speaker Hee Yit Fong, the DAP representative for Jelapang, is going to resign as well.

When contacted at her home Sunday night, she declined to comment.

The two PKR men have been “missing” for five days.

Earlier Sunday, Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin confirmed that neither the state nor family members have been able to reach the two Perak state executive councillors.

He even said the state government would lodge a police report after consulting with their families.

Jamaluddin, 52, was the Perak Entrepreneur Development and Cooperatives Committee chairman while Mohd Osman, 57, headed the State Tourism and NGO Committee.

They were charged in a Sessions Court on Aug 25 last year with allegedly receiving bribes over the application for a RM180mil housing project in Sri Iskandar in Perak Tengah. Their case comes up for hearing on Feb 10.

After Umno’s Bota assemblyman Datuk Nasarudin Hashim crossed over to PKR last week, PKR and Umno have been involved in a psychological war, with both accusing each other of trying to pinch their assemblymen.

Jamaluddin and Mohd Osman have not been seen in public since Nasarudin crossed over to PKR last Sunday, with the media also failing to reach them for comments.

Speculation had been rife in Perak that the exco duo were going to resign from PKR and become Independents before joining Umno later.