Zambry – don’t rewrite history to justify his appointment as “People Last” usurper Perak MB

Prime Minister Datuk Seri Najib Razak has declared that “1Malaysia. People First. Performance Now” is the overarching philosophy of his government.

However, in less than a month there are enough instances to show that Najib’s slogan of “1Malaysia. People First. Performance Now” is as hollow as the “Cemerlang, Gemilang, Terbilang” slogan of the Abdullah premiership or the “Amanah, Bersih, Cekap” slogan of the Mahathir administration.

The unethical, undemocratic, illegal and unconstitutional power grab in Perak, overthrowing the legal and legitimate Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin and foisting on the people of Perak the usurper and illegitimate Mentri Besar Datuk Zambry Abdul Kadir violates two of the three Najib mottos of “1Malaysia. People First”.

How can there be “1Malaysia” when Najib orchestrated the unethical, undemocratic, illegal and unconstitutional power grab in Perak?

How can Najib talk about “People First” when he does not respect the mandate of the people of Perak in the March general election last year in electing a Pakatan Rakyat state government helmed by Nizar as Mentri Besar?

What “People First” is Najib talking about when his unethical, undemocratic, illegal and unconstitutional power grab is based on the betrayal of the people’s hopes and trust by three “political frogs” who in the past three months dare not even visit their constituencies or show their face publicly. This is “People Last” rather than “People First”!

The least Najib should do if he is not to dishonour his slogan of “People First” is to return the mandate to Perakians – which is why we have consistently called for the dissolution of the Perak State Assembly and the holding of Perak state general elections.

All eyes are now focussed on May 7, when the Perak State Assembly is convened illegally by the usurper Mentri Besar. Many are asking what would happen on May 7, whether there would be chaos or greater infamy in the three-month-old Perak political and constitutional crisis and stalemate, which has produced two Mentris Besar , a renegade State Assembly clerk and the Democracy Tree!

Blatant and flagrant attempts are being made by the usurper Mentri Besar and his excos to clothe the illegal BarisanNasional state government with a veneer of legitimacy.

I advise Zambry not to rewrite history, in particular what happened on February 4, to falsely claim that Nizar had lost majority support of Perak State Assembly members to justify his appointment as the usurper Mentri Besar.

Zambry had misled the judiciary when he asked for Federal Court intervention to interpret whether Perak Sultan Azlan Shah has the right not to accede to Nizar’s request for the dissolution of the Perak assembly, when Nizar “ceased to command the confidence of the majority of the assembly”.

This is the perversion of the truth. The indisputable fact is that Nizar had never, even up to now, “ceased to command the confidence of the majority of the assembly” – and this why the coup d’etat in Perak orchestrated by Najib to topple Nizar as Mentri Besar is unethical, undemocratic, illegal and constitutional and why Nizar continues to be regarded by Perakians and Malaysians as the legitimate Mentri Besar and Zambry the illegitimate and usurper MB.

Article 16 (6) of the Perak Constitution states: “ If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.”

Article 16(6) never came into play because Nizar never “ceases to command the confidence of the majority of the members of the Legislative Assembly”, when he sought an audience with the Perak Sultan to dissolve the State Assembly or when Zambry was purportedly appointed as the Mentri Besar.

Let us revisit the pertinent events surrounding the unethical, undemocratic, illegal and unconstitutional power grab in Perak three months ago.

On February 3 night, the Pakatan Rakyat leadership at both the national and Perak state levels decided that the Pakatan Rakyat Perak state government, though commanding a majority in the State Assembly, should seek the dissolution of the Assembly to avoid political instability and uncertainty.

On the morning of February 4, around 8 am, Nizar as Perak Mentri Besar sought an audience with the Perak Sultan to request a dissolution of the Perak Assembly.

The request for an audience with the Sultan for the dissolution of the Perak State Assembly was made by Nizar not because he had lost the confidence of the majority of the Assembly members, as to bring Article 16(6) of the Perak State Constitution into play.

Nizar sought an audience with the Sultan to request the dissolution of the Perak State Assembly while still commanding a majority in the State Assembly to end the political instability and uncertainty – and the question of Nizar losing the post of Mentri Besar if the Sultan rejects the request for dissolution did not arise at all.

However, Nizar was unable to get an audience from the Perak Sultan until some nine hours later at 5 p.m.

In the meantime, Najib, as the Umno Perak Chairman was in the thick of the plot to engineer the defection of three “political frogs” from Pakatan Rakyat, claiming in a media conference in Putrajaya after 5 p.m. the same day that the Barisan Nasional had the support of the majority members of the Perak State Assembly – a claim that was never tested by a no confidence motion against Nizar in the Assembly.

If the Perak Sultan had granted an audience to Nizar in the morning of Feb. 4 and refused his request for dissolution of the State Assembly, it would have been crystal clear that any claim by Najib that the Barisan Nasional had the majority support of the Perak State Assembly members would have to be tested by a no confidence motion against Nizar in the Assembly, and the question of Nizar having vacated the post of Mentri Besar just because he had failed to get the Sultan’s consent for the dissolution of the Assembly would not have arisen.

Was the Perak Sultan privy to information that Najib was engineering the defection of three “political frogs” from the Pakatan Rakyat and was this the reason why Nizar’s request for an audience with the Sultan to seek the dissolution of the State Assembly was stalled for some nine hours from about 8 am to 5 pm?

The answers to these two questions would throw important light on the events of the Perak political and constitutional crisis on Feb. 4 as it has a vital bearing on a cornerstone of our system of constitutional monarchy – the political neutrality of the Rulers.

Be that as it may, it is indisputable that when Nizar sought the consent of the Sultan to dissolve the Perak Assembly, he commanded the support of the majority of the State Assembly members.

In the circumstances, Article 16(6) of the Perak Constitution did not apply when the Sultan refused Nizar’s request for dissolution of the Perak Assembly the next day.

Although it may be contended that by Feb. 5, the Barisan Nasional had the “numbers” to claim majority support of the Perak State Assembly with the defection of the three “political frogs” from Pakatan Rakyat, such a claim is challengeable on at least two grounds:

• The acceptance of the letters of resignation of the three “political frogs” by the Speaker, V. Sivakumar; and

• The established constitutional and parliamentary practice that the determination of whether the Mentri Besar has lost the support of the majority members of the Assembly is by way of a motion of no confidence in the Assembly, which was never done. In fact, the Tree Assembly on March 3 reiterated the Assembly’s confidence in Nizar as Perak Mentri Besar.

Zambry has no cause, therefore, to rewrite history of Feb. 4 to claim that Nizar had lost the confidence of the majority of the Assembly members when he asked for the dissolution of the Assembly on Feb. 4 or when the Sultan rejected his request on Feb. 5.

There is no constitutional provision for the Perak Sultan to dismiss the Mentri Besar or to appoint a new Mentri Besar when there has been no resignation from the incumbent Mentri Besar, and this is why Nizar continues as the rightful and legitimate Perak Mentri Besar as there is no dissolution of the Assembly and no motion of no-confidence had been passed against him.

Zambry is only demonstrating that he is a usurper “People Last” and not “1Malaysia” Perak Mentri Besar in insisting on the charade of a May 7 State Assembly meeting, based on the support of three “political frogs” and the illegal convening of the Assembly by a renegade State Assembly clerk!

(Speech at the DAP Public Forum at Hotel Excelsior, Ipoh on Saturday, 2nd May 2009)

26 Replies to “Zambry – don’t rewrite history to justify his appointment as “People Last” usurper Perak MB”

  1. Maybe that is why Najis’ face went missing on the huge billboards erected along Jalan Cheras congratulating him on his appointment as the 6th Malaysian Prime Minister! No face to face the RAKYAT! These billboards erected on the pedestrian bridges originally had NAJIS’ face (with a crooked smile) on them but since some one week or so ago, they were changed and Najis’ face went missing! It goes to prove Najis too realize his “image” is not suitable on these billboards. I wonder if he also realized he is not suitable as the PM of Malaysia!

  2. If Perak Speaker V. Sivakumar is forcibly removed from the State Assembly, there will be chaos for sure. Events are coming to a head on 7th May 2009. It is going to an explosive assembly!

  3. 7th May will start to define for the rakyat exactly what 1MALAYSIA is. DUMBRY will consolidate his illegal position in Perak. And NAJIS will give his blessing for that to happen. That will be the start of the writing of the definition of 1MALAYSIA.

    Up until then, 1MALAYSIA is good for a chit-chat over 1NOW 1NESCAFE at 1UTAMA paid with the 1CARD.

    1MALAYSIA is NOT ‘CHANGE for a Malaysia in which all are equal’ but mere HOLLOW adpseak sloganeering engineered by his Public Relations team.

  4. ‘Overarching’ – to me it concoct basically Najib want to be above all the mess that is underneath it – to be elitely excuse from it when he is full of all the dirt that is in it. He was part and parcel of the entire thing that created the rubbish and stink that most of us are stuck and have to wallow in it while HE want to stay above it. Does anyone see how Najib’s immorality is consistent? Someone better tell him the era of ‘Master of the Universe’ was only on Wall Street and did not apply to politics anywhere including here. Also, now is not the time either…

    Najib entire administration is based on a theory that if he keeps hitting small hits and spin it for all its worth, luck in a few years will enable him to stay in office. His bet is going to misfire like Perak did and will again in 3 years time.

    Take for example the latest on foreign worker levy. They made a huge announcement when people were losing jobs to get rid of foreign workers. Now they say can’t afford to do it or business will close and they will do it when times get better. All fine in theory but the problem is IT WILL NEVER HAPPEN because times will never get good enough to do this meaningfully. The Asian financial crises caused us to have low growth for better part of the decade. Only in the last few years did grew significantly only to be exposed for being a bubble. This time the crises is not as bad as before but it also means that times will never be as good as when the bubble was going. Without high growth and consistently for significant period, its just too difficult to implement getting rid of foreign workers. Moderate growth is not conducive for getting rid of significant foreign workers. They are here to stay.

    3 years from now, Najib’s expectation that things will go his way with what he is doing is misplaced. The likely scenario is things will start to fall off the cliff again before the next GE. This slow cycle of returning stability and growth will be short-lived and hit a wall again. He is screwed then. My bet is that he will actually have to postphone elections for the longest period in Malaysian history.

    He is the Master of his own Screw-ups rather than the Universe.

  5. There is no legal avenue for Zambry to win brownie points on May 7. There is no way he can remove the Speaker constitutionally. It should be remembered, the police have no business to be in the State Assembly on that day.
    Zambry is not he second hated man, after Najib, in Perak.

  6. It’s so SAD and SHOCKING to see the illegal events that occurred in the last few months in Perak, a state that is supposed to have a legal-savy sultan and a smart and fair-minded son.

    Gone case lah, Perak. Which investor wants to invest in Perak? Maybe to go there to berak!

  7. When one ventures in the minds of UMNO scumbags…especially, the leaders, one must be prepared to have a good laugh. After more than half a century, do we really believe their words and trust these goons?
    [deleted]

  8. What Malaysia needs is not more empty slogans from the PM, but an honest, scandal-free, hardworking, intelligent PM and leadership. Try walking through the slums in many places throughout Malaysia, rather than just walking through the markets in Kuala Lumpur. Try helping the thousands of poor and underpriveleged students, rather than promoting a program for a few gifted students coming from rich families. So far, the so-called “1Malaysia” slogan is only working for one race and one religion in Malaysia, sad to say. I guess UMNO has a hidden meaning to the slogan.

  9. I hope there will be a by election at Kota Alam Shah…..
    Let BN be crushed there. I am sure there are so many voters there going for Opposition again.
    1) BN lost by more than 7000 majority
    2) The state assemblymen was not allowed to freedom even getting the mandate from voters.
    3) current sentiments , PR is doing very well.

  10. Does this act be considered as a crime or treason or a coupe de whatever?

    then the perakians are the worst treated people of the bolihland not the sabahans nor the sarawakians

    common zam you are lying to yourself first and the lying to all others, worst you are lying to your own kids

    what kind of education did you get, copied in your exams or because you bodek your way in
    and now to repeat them on national scale.

    you are being made use of….think about it….would it better to be remembered as the one who repent than another shoe shine boy

  11. I am discussing on an assumption problem here.

    If a monarch feels that he loves UMNO so much and he insists to see only a Menteri Besar from UMNO and from no other political party else, then can the monarch himself legally takes side by getting himself directly involved in a political decision, such as handpicking a Menteri Besar without referring first to the passed motion of the State Assembly?

    The answer is “YES”! However, the monarch is required by the Constitution and by the moral standards to give up his ruler status first before he can actively take part in decision-making process of a political decision, for purpose of allowing himself to be vindicated from the allegation of failing to stay above politics as required by the constitution.

  12. This Zam Zam is selfconscious want Perdana for himself using Rakyat monies for his own use. Wanted a brand new car instead using Camery. ZAMBRY n BN PEOPLE STOP ABUSE PEOPLE n PEOPLE MONIES JUST TO FILL YOUR OWN SELF. He should allow others Media, it is like he got his own agenda or his is up to something bad he wants to cover up without letting the Rakyat knows. Zam Zam you can not hide your days are number by Perak people.

  13. “can the monarch …The answer is “YES”! …”

    First, he must declare forfeiting all relevant rights.

    Tengku Razali did. But look at whats happened to him. In essence, you could say it’s all the more reason for politically “concerned” royals to roll up their sleeves and go out there and be a meangful part of Malaysian life.

    Doubtful if Nazrin would. It’s so cozy in there!

  14. Here’s an imaginary argument/debate on Article 16 (6) of the Perak Constitution – “(1) If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then (2) unless at his request His Royal Highness dissolves the Legislative Assembly, (3) he shall tender the resignation of the Executive Council.”

    Nizar: On issue (1), how could I be said to have ceased commanding the confidence of the majority of the members of the Legislative Assembly without a definitive vote of no confidence?

    Zambry: With the defections of Jamaludin, Osman and Hee, and the re-defection of Nasarudin, the BN as at 4th Feb controlled 31 seats against PR’s 28. Numbers speak for themselves. For a motion of no confidence, Speaker Sivakumar must allow it. Would he? He even suspended me and 6 others: What difference does it make if 4 defectors confirmed and signed allegiance to BN before the Ruler?
    Nizar: No it makes difference. Sivakumar suspended only AFTER you had been unconstitutionally appointed as MB. Otherwise, if before, in spite of the defections of Jamaludin, Osman and Hee, and the re-defection of Nasarudin, if BN assembly men led by Pangkor (yourself) were to move a motion of no confidence unto myself, Siva might haved have allowed such a motion….

    Zambry: Oh yeah, PR Speaker Siva would allow even if knowing that BN had, with defections 31 against PR’s 28, which means the motion of no confidence would be carried and passed?

    Nizar : Sure, even if by a vote of no confidence in Legislative Assembly carried because of BN 31 against PR 28, I still have two options : (a) request HRH to dissolve the Legislative Assembly to pave way for state wide elections or (b) resign. I chose (a).

    Zambry: Yes, you had chosen (a) to request Ruler but request was NOT granted by the Ruler who could make a clear determination based on physical presence of 4 defectors confirming their support for BN. So if avenue (a) were exhausted by Ruler’s refusal to grant dissolution, you should take course (b) to resign. You think face refusing to resign! Disrepect lah for Ruler.

    Nizar: I don’t agree with interpretation. I should resign under (b) only if I don’t make a request under (a) to HRH to dissolve Legislative Assembly. However I did make request and if I did make such a request to HRH for Legislative Assembly to be dissolved for state wide elections, and this being the case, HRH could not constitutionally withhold or refuse consent.

    Zambry: Of course HRH could. It is Royal Prerogative. It cannot be questioned.

    Nizar: Here is power struggle in Legislative Assembly due to defections. HRH as constitutional monarch is above partisan politics and above power tussle like this over numbers. Yes there is Royal Prerogative but only over matters clearly spelt out in Constitution. Otherwise in respect of other matters not clearly spelt out in the Constitution to be Royal prerogative, the State Ruler in a Constitutional Monarchy, would normally act in accordance with MB’s advice (including to dissolve legislative Assembly) just like Yang Di Pertuan Agong (King), act, at Federal level, on advice of PM. Therefore in respect of (2), HRH should (under Constitution) accede to my request for dissolution of Perak Legislative Assembly for people to re-confirm their will and mandate rather than transfer power direct to you as next MB. That is why I refuse to resign as per (3) when my legitimate right to exercise option (2) was denied.

    Zambry: We can agree to disagree. We’re not constitutional lawyers. Shall we leave it to the Courts?

    Nizar : Huh??? :)

  15. Nizar: Leave it to the Courts? I am afraid that I may just be exploited and denied of my legal rights by the Kangaroo Court. It is much better for us to go seek justice from the court of the People via a state-wide election! Otherwise, you should have called off the May 7 meeting and just be patient enough to wait for the ruling of Kuala Lumpur High Court on my filing of petition for judicial review on my MB status!

    Zambry: Here you come again! You are just trying to do rounding and rounding again within the same confined endless circle, which will lead us to nowhere for solving the deadlock crisis! I want State Assembly meeting on May 7, 2009. If you think you can win, you may also ask the State Assemblymen to remove me from the post of MB. Nevertheless, I will want V Sivakumar to be removed first from the seat of Assembly Speaker. See you in the meeting!

    Nizar: …

  16. Nizar: The Assembly Meeting under the Democracy tree already passed a motion to dissolve the State Assembly. How are you going to call for convene of a meeting in a State Assembly which practically does not exist now after its dissolution?

    Zambry: After its dissolution??? Have you gotten the signature from Sultan Azlan Shah for the approval of the State Assembly dissolution yet? Show me the signature…

    Nizar: Since you claimed that you had gotten the approval signature from the Sultan for convene of State Assembly meeting on May 7, you must also show me the signature…

    Zambry: Ngh…………….

    Nizar: Errh…………….

  17. YB LKS, you seem to have conveniently forgotten about PR’s own attempt of getting BN reps to jump over to PR. It is convenient to criticize others isn’t it? I suggest you first look into your own PR backyard before accusing BN of something PR was intending to do all this while since March 08!

    Najib’s 1Malaysia concept is nothing new I must agree. The important thing now is how he translates that into action. We have seen some positive moves such as the removal of Bumi quotes for several sectors, pragmatism in the child conversion issue (that even PR itself cannot come to a common agreement), more leaders going to the ground etc. I say the new PM deserves a chance to show his mettle!

  18. “I say the new PM deserves a chance to show his mettle!”. imranj 78.

    What mettle? Perhaps only people like you can see mettle in a person like Najib!

    What has he done so far since becoming PM that is worth a mention? All that he has done is an effort to win back votes from the the non Malays.Removal of Bumi quotas in some unimportant service sectors? Big deal! His 1Malaysia
    slogan? Isn’t not like Mamak’s ‘Bersih,Cekap dan Amanah’ or
    Badawi’s ‘Cemerlang,Gemilang dan Terbilang’ which are in fact all temberang.The release of 2 hindraf isa detainees and the lifting of banned PR newspapers are only for cosmetic reasons in their last ditch attempt to win back the non Malay voters.And what about his promise of a slim and trim cabinet with fresh talents put in? Isn’t that first class temberang given unashamedly to the public,a promise reneged so soon and so early into his premiership!

  19. It seems intellectual to talk about an underlying philosophy, but without enunciating the principles clearly and applying critical reasoned arguments to convince people to accept that philosophy, it is mere rhetoric.

    http://en.wikipedia.org/wiki/Philosophy

    “Philosophy is the study of general problems concerning matters such as existence, knowledge, truth, beauty, law, justice, validity, mind, and language. Philosophy is distinguished from other ways of addressing these questions (such as mysticism or mythology) by its critical, generally systematic approach and its reliance on reasoned argument.”

    Regarding the Perak political quagmire, forcing through a new government without regard to democratic due process is tantamount to usurping
    the inalienable right of the people to choose their
    own government.

    Such blitzkrieg tactics is very disturbing and could tragically lead to kleptocracy or fascism.

    No amount of philosophizing can justify this “short circuiting” of the democratic process. It is regressive and a sign of a failed state.

  20. ‘We have seen some positive moves such as the removal of Bumi quotes for several sectors’ ..imranj78

    Sorry my friend, the removal of Bumi quota has nothing to do with 1Malaysia. It is done for the expedient of Iskandar project because foreigners refuse to invest in Malaysia because of the restriction. BN/UMNO can bully non-bumis but not non-Malaysians.
    In my reading on this stealthy move, it is clearly a manipulation of fact to hoodwink Malaysians especially non-bumis who have been marginalized for the last 40 years.

  21. Removing bumi quotas has nothing to do with satisfying needs of non-umnoputras. It has everything to do with meeting the country’s obligations in the numerous bi-lateral trade agreements entered into with other countries pursuant to malaysia’s entry into the WTO. In other words, if malaysia did not join wto and did not sign those trade agreements then bumi quotas will remain forever. Najib kept well clear of drawing a connection between removal of the quota and satisfying non-umnoputras’ call for NEP abolition. Of course he left that for people to imply with the clear hope that he could gain some political mileage. Wot cheap trick that was! And he did not seem to realise that the actual complaint was the NEP and not the quotas merely. People want actual changes and not cosmetic ones.

  22. I hear about some campaign to call PR supporters to go to Ipoh on 7 May. But i wonder about the wisdom of such a call.

    As usual there are concerns on BN using any mass rallies as evidence of civil disorder and then invoking ISA/emergency rule. But personally i worry that we may eventually end up with ‘street rule’ where going to the streets will be viewed as a legitimate way to change governments (as what we are seeing with the yellow shorts and red shirts epic in Thailand).

    Let BN have Perak. It willl be a Pyrhic victory for them. The cost of maintaining the loyalties of the UMNO reps there will be extremely high, for UMNO-BN has only a slim 2 seat majority. A loss of a single seat will cause a hung assembly which UMNO probably can’t afford. Imagine if there were disgruntled UMNO reps as like what happened in Terengganu.

Leave a Reply