BERSIH petition to King – acid test whether it marks the burial of Abdullah’s 4-yr pledge to hear the truth

The negative and irresponsible responses of the government and its leaders to Saturday’s mammoth peaceful BERSIH gathering petitioning the Yang di Pertuan Agong for electoral reforms to ensure clean, free and fair elections is most disappointing though not unexpected.

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi said the BERSIH gathering and petition were “tantamount to dragging the institution of the monarchy, and the king, into politics”.

This is a baseless allegation completely unworthy of the Prime Minister as nothing could be further from the truth.

The Yang di Pertuan Agong symbolizes the fountain of justice in Malaysia, and it is completely within constitutional norms for Malaysians who are shut out from all avenues of redress to seek justice to appeal to the Yang di Pertuan Agong for intervention — and it will be beholden on the Prime Minister and his Cabinet to give such petitions to the Yang di Pertuan Agong serious consideration and not to dismiss them in a most arrogant, cavalier and undemocratic manner.

In this particular case, the mass petition to the Yang di Pertuan Agong is all the more pertinent as the government has turned a deaf ear to widespread and legitimate calls for electoral reforms to ensure that there is a level playing field for all contestants so that clean, free and fair elections could be held in Malaysia.

This is why I said during question time that the government should uphold the important symbol of the King as the fountain of justice by giving serious and positive consideration to the petition to the Yang di Pertuan Agong supported by the mammoth and peaceful BERSIH gathering on Saturday or the government will be doing an injustice to the system of monarchy.

The Cabinet meeting on Wednesday should give top priority to the BERSIH petition to the Yang di Pertuan Agong on electoral reforms and take the initiative to establish a mechanism to ensure that the next general election can be truly clean, free and fair.

In fact, much more is at stake. Abdullah’s response to the mammoth peaceful BERSIH gathering on Nov. 10 petitioning Yang di Pertuan Agong for electoral reforms has also become the acid test whether it marks the burial of his four-year pledge to hear the truth or we have a Prime Minister showing his true colours of refusing to hear and heed the voice of the rakyat.

This, unfortunately, appears to be the case, with the truculent reply by the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz during question time this morning when I posed the supplementary question whether the government would give a positive response to the BERSIH petition to the Yang di Pertuan Agong for electoral reforms. Instead of a rational reply, Nazri went into a political rampage!

It is most regrettable that the Barisan Nasional government is suffering from a very serious case of denial syndrome, as evidenced by its refusal to concede that Saturday’s mammoth peaceful gathering was the biggest in the four-year premiership of Abdullah and evidence of the people’s love for peace and commitment to democracy.

It is pathetic to see the official figure for the mammoth peaceful BERSIH gathering grudgingly increase from 4,000, according to the Inspector-General of Police on Saturday, to 10,000 according to Deputy Prime Minister, Datuk Seri Najib Razak yesterday, when from all eye-witness, photographic and video accounts, the gathering could be numbered without exaggeration as between 40,000 to 50,000.

If Abdullah can speak in the United Nations to commend the “saffron revolution” of the Burmese monks in Myanmar in September, and Burmese workers in the country could assemble publicly to organize public protests in support of the “saffron revolution”, the least a responsible Prime Minister of Malaysia should do is to acknowledge the legitimacy of the grievances of the mammoth peaceful BERSIH gathering and the exemplary conduct of the 40,000 — 50,000 people who conducted themselves in a peaceful and orderly manner despite unnecessary provocations and excessive force by the police in certain instances — including the uncalled-for firing of tear gas and water cannons — and give serious consideration to the calls for electoral reforms.

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20 Replies to “BERSIH petition to King – acid test whether it marks the burial of Abdullah’s 4-yr pledge to hear the truth”

  1. The PM says that “BERSIH gathering and petition were “tantamount to dragging the institution of the monarchy, and the king, into politics”.

    YB Kit’s counter argument is that it is not true, and the rationale for that is that “The Yang di Pertuan Agong symbolizes the fountain of justice in Malaysia, and it is completely within constitutional norms for Malaysians who are shut out from all avenues of redress to seek justice to appeal to the Yang di Pertuan Agong for intervention”.

    Bersih’s memorandum to the King addresses basically two issues:

    1. Heed the demands of the people for widespread electoral reform (4 suggestions), including the establishment of a Royal Commission to review and reform the electoral system;

    2. use his authority under Article 40(2) of the Federal Constitution to overrule any decision to dissolve Parliament as long as these four immediate demands are not met.

    Basic question : Can the King intervene along lines in Requests 1 & 2 of Bersih?

    Answer to 1. – Yes because the establishment of Royal Commission under the Commissions Of Enquiry Act 1950 (Revised 1973) is the King’s personal discretion or prerogative which is exercisable if HRH deems fit to do so with or without or even contrary to the government’s advice.

    Answer to 2 : Constitutionally, correct again, the King’s discretion to dissolve parliament prematurely (before its constitutionally mandated due date) – which involves the corollary of also not agreeing to dissolution as well) is personal and not dependent on the advice of the Executive represented by the PM.

    But having said that, by CONVENTION (abided here since Merdeka and in all common law jurisdictions), a constitutioonal monarch abides by wishes of the Prime Minister on this issue even if it means the PM could cherry pick the best date to dissolve parliament for election based on circumstances calculated to benefit the incumbent ruling coalition – without first effecting the Election Reforms asked for in Request 1!

    Next Question: Should the King symbolizing the fountain of justice in Malaysia and at least NOT contravening constitutional provisions or norms exercise personal discretion contrary to the PM’s wishes to deny earlier dissolution of parliament and by so doing jettison convention based on the EXTRAORDINARY CIRCUMSTANCES prevailing at present (esp after disclosure of Lingam Video clip and many other instances of disclosed scandals and corruption) that have made large sections of Rakyat unhappy?

    The Arguments on the other side Against may be summarized thus :

    1. The King is a constitutional (not an absolute) monarch : so why is he taking partisan role (on issue of electoral reform) to side with opposition to disregard the wish of the PM commanding the majority in parliament?

    2. In a parliamentary democracy, THE THEORY, at least, is that PM representing majority in Parliament reflects majority of rakyat wish. In contrast the monarch’s position is based on inherited power, wealth, influence and status for life – not on merit or popular public consent or past general election.

    3. So is it consistent with at least THE THEORETICAL PRECEPTS OF DEMOCRACY – and SOVEREIGNTY of the people through their elected representatives in Parliament – for a King not to follow convention to listen to the PM’s THEORETICALLY commanding majority in Parliament wishing a dissolution of Parliament just because the Opposition Parties do not want or wish so based on allegations regarding flaws and irregularities of the electoral system?

    Which leads to the ultimate question – are the Bersih’s demands 1 & 2 “tantamount to dragging the institution of the monarchy, and the king, into politics”?

    I am sure readers/posters can form their individual opinions based on the above.

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  4. Pak Lah, you miss the point ! DYMM Yang Dipertuan Agong is KING OF ALL MALAYSIANS and NOT BN ONLY!!! Like children, we the powerless have no one to turn to for help. BN? utterl;y useless, corrupted to the core!
    So we have to turn to OUR HEAD, DYMM.

    If the Thai can turn to their King for help, what is wrong if we do the same here?

  5. 4000 or 40000? Aiyah..how can you expect them to count correctly when you keep fighting which language to use to teach MAth and science.. maybe they are confused how many zeroes are there in ratus, ribu, thousand hundreds..!!

  6. In our country the government is called His majesty’s government and the Opposition is also called His Majesty’s Opposition.
    Being equal before the King gives every citizen equal access to him.
    Yes, he is pinnacle of justice.
    If the King does not act on the BERSIH petition then boycott all elections. Why participate when you know your enemy is cheating.

  7. “it marks the burial of his four-year pledge to hear the truth >>”
    This PM’s pledges and promises are buried the very minute he finishes his speech.
    I really wonder if he knows what he says.
    He NEVER honours his promises. He is not a man of his word.

  8. this idiot nazri always behaves like a hooligan and as if u people dun knw abt it.dun talk abt him….hes just a useless puppet whos trying so hard to make noise just to attract attention.he always say the wrong thing at the wrong time and he never ever said the right thing.period.

  9. I almost fell off my chair when I heard Nazri screaming on TV. Now I am not interested in gov response (its too predictable). What I want to know is the sexual proclivities of Nazir. The word ‘pondan’ came out so easily for him, I suspect he either has a thing for them or at the very least is homophobic.

    Frankly. I have met many men of high position like him that deep down, they secretly has a thing for ‘pondan’.

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