The reasons given by the Prime Minister and Barisan Nasional chairman Datuk Seri Najib Razak why the Barisan Nasional is not contesting the Penanti state assembly by-election in Penang on May 31 does not bear scrutiny.
Najib said the Penanti by-election is not an election provided for by the Constitution but a political game being played by the Opposition and the BN did not want to play to their tune.
He declared: “Barisan’s priority is to serve the people and work to revive the country’s economy.”
What political gobbledegook!
Everybody knows that the real reason the Barisan Nasional is not contesting Penanti is that Najib is frightened of “doing a treble” by-election defeat since becoming Prime Minister on April 3, or a fifth Barisan Nasional setback in 15 months since the March 8 political tsunami in last year’s general elections.
MCA, Gerakan and MIC leaders were also in mortal dread of the Penanti by-election especially after their disastrous outing in the recent Bukit Gantang by-election, which caused the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz, to say that Umno must go on its own to regain the support of non-Malay voters and not depend on other Barisan Nasional component parties as BN only secured 11% of the Chinese votes and 9% of Indian votes in the Bukit Gantang by-election.
Where are the MCA, Gerakan and MIC leaders to hide their faces if in the Penanti by-election, they did even worse than in Bukit Gantang by-election securing less than 11% of the Chinese votes and 9% of the Indian votes – although Indians only constitute 2.4% of the 15,384 Penanti electorate?
Najib had defined constitutional requirement for a by-election as death or disqualification of an elected representative whether because bankruptcy or criminal conviction.
But this is not borne out by Barisan Nasional’s own record. Just to give one example. In May 1997, BN created two simultaneous by-elections, one parliamentary and one state assembly in Selangor, so that Datuk Abu Hassan Omar could relinquish his post as Minister for Domestic Trade and Consumer Affairs to become Selangor Mentri Besar after Tan Sri Muhamad Muhamad Taib was forced to step down after his RM3 million financial caper in Brisbane, Australia.
Najib is right when he said that there had been one previous instance where BN had not contested in a by-election.
This happened during the time of his father, Malaysia’s second Prime Minister Tun Abdul Razak, in February 1975.
At the time, the DAP MP for Menglembu, Fan Yew Teng, was convicted of sedition in a retrial by the Kuala Lumpur High Court and the government resorted to the unprecedented step of declaring the Menglembu parliamentary seat vacant and a writ of by-election was issued although Fan was appealing to the Federal Court against conviction.
I immediately despatched a letter to Razak on Feb. 20, 1975 protesting against the “usurpation of the parliamentary process by unconstitutional and unparliamentary acts” and urged him as Prime Minister “to uphold the rules of natural justice, accepted form of parliamentary practice and the sanctity of the Constitution by staying the holding of a by-election of the parliamentary constituency of Menglembu”.
Razak replied in a letter dated 23rd February 1975 stating his disagreement with my contention that the holding of the by-election would prejudge Fan’s appeal and concluded:
“7. I resent your insinuation that there is an attempt to usurp the powers of Parliament by unconstitutional and unparliamentary acts having regard to the fact that the Speaker as well as the Election Commission had acted properly and duly in accordance with legal advice of the Attorney-General’s Chambers.”
I had contended 24 years ago that the writ of election issued by the Election Commission for the holding of the Menglembu Parliamentary by-election was improper, illegal, unconstitutional and unparliamentary.
Although Sdr. Fan Yew Tong has been convicted of a sedition charge in the High Court, he has given notice of appeal to the Federal Court, from where there was a further avenue of appeal to the Privy Council.
I had posed the following questions in February 1975:
“Should Fan win in his appeal either at the Federal Court or Privy Council appeal level, how is Fan to be restored to his parliamentary seat of Menglembu, should a by-election be held now causing a new member to be elected?
“Surely, the Elections Commission is run by intelligent men, who can foresee such a absurdity being created. No procedure should create injustices, either to Fan, or to the new member, and this can only be done by waiting until the completion of the entire appeal process.”
When Fan was earlier convicted on the same sedition charge in 1971 (he was then MP for Kampar which he won in 1969 general elections) in the High Court, he was suspended from the House but no by-election was held.
Subsequently. Fan appealed and won at the Federal Court and the Privy Council, with the latter ordering a retrial, and Fan was restored back his Parliamentary seat of Kampar.
By the time of his High Court conviction at the retrial in 1975, Fan had switched constituencies in the 1974 general election and was the MP for Menglembu.
I had questioned the Election Commission why it ignored this precedent set by itself in 1971, and chose deliberately to disqualify Fan in the retrial when Fan was still appealing against his conviction.
However, to demonstrate that the BN was not behind the usurpation of parliamentary privileges and the illegal, unconstitutional and unparliamentary holding of a by-election when Fan was still appealing against his conviction, Razak announced that BN would not field a candidate in the Menglembu by-election.
Nomination of candidates for the Menglembu by-election was held on Feb. 27, 1975 with the DAP candidate challenged by independent candidates.
Three days before the polling on March 15, 1975, the High Court gave a declaration sought by the DAP that there was no vacancy in the Menglembu constituency and stopped the by-election.
There is a striking similarity between the illegal and unconstitutional usurpation of parliamentary process in trying to force a by-election when there was no vacancy in the parliamentary constituency of Menglembu in 1975 with the unethical, undemocratic, illegal and unconstitutional power grab in Perak when there was no vacancy in the Perak Mentri Besar office in February 2009.
All talk about “Barisan’s priority is to serve the people and work to revive the country’s economy” are poppycock when it is Najib and BN who precipitated the three-and-a-half month Perak constitutional and political impasse undermining public confidence in one national institution after another as well as impairing Malaysia’s international image and competitiveness.
Is Najib prepared to emulate his father Tun Razak and distance the office of the Prime Minister from the illegal and unconstitutional power grab when there was no vacancy in the Perak Mentri Besar’s office from February until now?
How can Najib allow the usurper Datuk Zambry Abdul Kadir to re-occupy the Perak Mentri Besar’s office for ten days from May 12 to May 21 after Justice Abdul Aziz Abdul Rahim’s landmark judgment on May 11, 2009 that Datuk Seri Mohd Nizar Jamaluddin is the lawful Perak Mentri Besar, and when the “stay order” of the single-judge Court of Appeal on May 12 did not legitimise Zambry from a “usurper” MB to become lawful “MB”?
The Month of Infamy for Perak and Malaysia has produced two dark and shameful episodes – firstly, the May 7 Day of Infamy when the Perak Speaker, V. Sivakumar was physically dragged out of the Assembly by police officers and goons; and secondly, the Infamy of the “Ten days of May” when a doubly illegitimate Zambry re-squatted in the Perak Mentri Besar’s Office from May 12 to 21, 2009.
I do not believe Tun Razak would have allowed Zambry to act in so utter disregard of all notions of decencies as to squat so shamelessly in the Perak Mentri Besar’s office when he has no legitimacy whatsoever.
Tun Razak would have boldly accepted the reality that after the single-judge Court of Appeal “stay order”, Perak has no Mentri Besar who could occupy the Mentri Besar’s office and would have ordered Zambry to respect the law and decencies and not to continue to act as Squatter Mentri Besar.
Just as Razak decided that BN should not contest in the controversial Menglembu by-election 24 years ago, is Najib prepared to ask Zambry to vacate and to stop squatting in the Perak Mentri Besar’s Office?
Is Najib prepared to end the agony and travails of Perak and the nation caused by the Perak crisis by dissolving the Perak State Assembly and return the mandate to Perakians to elect the state government they want?
najib is trying to distance himself from zambry now…
zambry political future is over…
for najib and bn, it’s time to cut losses…or else mca, mic, gerakan will be totally wipe-off in next ge.
otk is lucky to survive in selangor, he might move to johor in next ge though (kiasu, kiasi).
Do they have eyes to see and ears to hear the Perakians cry ?
Our hearts are bleeding and our eyes sore.
In May 1997, BN created two simultaneous by-elections, one parliamentary and one state assembly in Selangor, so that Datuk Abu Hassan Omar could relinquish his post as Minister for Domestic Trade and Consumer Affairs to become Selangor Mentri Besar after Tan Sri Muhamad Muhamad Taib was forced to step down after his RM3 million financial caper in Brisbane, Australia.
Make this an issue in all the ceramah. Publish this in the form of flyers and send them to every household in Penanti. Then all the Independent candidates will lose their deposits on 31st May.
If Najib really care for the people, then he should respect them.
It is not for him to say, my government is good for you. Take the case of Kelantan, BN central government has withheld a lot of development, because it was ruled by the opposition. But, the people have continued to vote for PAS to rule Kelantan. It is the government they want, an MB who lives a simple life, clean of corruption.
Najib, it is not your say. The people rather be poor than have a bad government, who does not respect democratic institutions and abuse the machinery of state.
If you really care for the people have the magnamnity (big heart) and vision to let them make a choice, not impose yourself on them, back by the mindless partial machinery of state
Najib, you defined constitutional requirement as a by-election brought about by death or any other valid reason. You claimed the BN was more concerned with serving the people’s needs and in stimulating economic recovery.
So please explain why in May 1997, BN created two simultaneous by-elections, one parliamentary and one state assembly in Selangor specially for Abu Hasan Omar. Obviously they were not for serving the people’s needs and in stimulating economic recovery.
YB Lim Kit Siang
The 2nd hand car salesman Camry is a mere pawn in this power play in Perak.
If Najib says jump, Camry will say ‘How High?’
Therfore, it has always been Najib who pulled the strings and Najib who has the power to call it off.
But false pride and ego will lead to Nakib’s downfall. Isn’t it amusing and ironic that Najib tried to emulate Anwar’s scurillous ‘hopping’ strategy and instead landed with egg on his face?
It also shows that Najib is not an original thinker. Instead he borrows other leaders’ strategies out of their time, like that concocted and conspiratorial sodo mee charge now being levelled again at Anwar.
And that tells us that unless there is a complete change in the way Najib and BN conduct themselves, they will be sitiing in the Opposition benches come GE 2013!!
http://donplaypuks.blogspot.com
at least back then it seems the court can be more independent?
no, I don’t think Najib would do that. running away from Penanti is already a kick in the teeth, do this even worse
probably the court will rule in favour BN & let things move on
Najib, you can run but you cannot hide forever.
He declared: “Barisan’s priority is to serve the people and work to revive the country’s economy”
Good for Najib and BN if that is true. Walk the talk now by dissolving the Perak State Assembly to hold a state-wide election to return the state to normalcy. It is already 120 days now that the state is in limbo; there is no winner here, everyboby is a loser. Do not just talk. “Performance Now” Mr. Prime Mimister
………………………………………………………………………………
“Where are the MCA, Gerakan and MIC leaders to hide their faces if in the Penanti by- election, they did even worse than in Bukit Gantang by-election securing less than 11% Chinese votes and 9% Indian votes”
I would suggest they try out a new strategy whereby MCA and Gerakan will woo the Indian voters and MIC, led by Samy Vellu go out to win over the Chinese voters. When old tricks can no longer work, try new tricks. There is nothing to lose since they are all no longer needed by UMNO.
uncle kit,
Let’s wait for the court decision on thursday , still not happy go to fed court ….. the legal process not yet exausted ?….give Nizar sometime for his PAS VP campaingn …who do u support for PAS Deputy President?…
YB Lim,
Comparing Najib and the late Tun Razak is like comparing apple to an orange. Najib is a no-brainer idiot full off hasty irrational decision. Words that comes out from his mouth is like worms popping out of a can of rotten fish.
On the Perak impasse, how long can he disregard the calls from BN components to hold election for a fresh mandate? Najib can’t and don’t have the impetus and credibility to continue wielding his iron-fisted rule over BN components, he is not Tun Razak. They (BN) are living on borrowed time with false unity and harmony. The dis-intergration of BN are fast approaching through dissident from within. It may not be a total collapse but anyhow with enough ruckus to derail the BN train for a long, long time. Problems within PPP, MIC and MCA are time bombs waiting to go off.
Idiots like Najib with closets full with skeletons would not be able to handle this.
Najib is calling for different quarters to respect the law, the court processes…how about himself? How about zambry? Come clean. You can’t legalise the usurpation of powers.
How about Hishammuddin? How about the IGP? – since the recent arrest of the Famous Five outside the brickfields police station? Their action seem to show that they are above the law. What crap are they talking…
Their actions, their talk are suppressing the people…You want respect? You have got to earn them, friend…!
It is shame on the part of UMNO/BN not to contest.Even if they lose they can study the cause of defeat and perhaps garner better support in the next general election.It looks like Najib is weary of election and any defeat will tell on him.Both MCA and Gerakan seem to have lost their balls when they should stand out and volunteer to be slaughtered.They took the easy way out; unconstitutional!
All Malaysia can witness the double standards practised by all the unelected institutions.. The reason why an imposter can be allowed to sit in the MB’s office inspite of the very public and legal declaration of his falsehood, and to carry out official duties as though he is the real MB, is simply because the gate keepers allow him in. These people who hold the kunci to the rooms, can choose to lock the real MB out, and let the pretender in, at the same breath to shamelessly lock the assembly hall up so that the real elected reps have to meet under a tree. All this time, the media also very politely and submissively give this usurper the honour and respect that he does not deserve.
If Malaysia does not wake up after Perak, and see how undemocratic BN is, and do something about it at he ballot box, then we truly deserve the government we have.
BN not contesting in the Penanti buy-election.
Alamak, how can man?
No buy election
How can people in Penanti
be deprived of ang pow, dancing 1/2-nude girls
free dinners
donations to schools n temples
that they menanti lama lama?
Not fair one
We want, we want BN buy election!
great chengho, the longer your master drag on this, the more furious wee Perakian will be. The last time , we voted you out from Perak, come the next election, we will BOOT you out. Run as far as you want but in the end , you will end up nowhere.
Uncle kit, How can you compare Tun Razak against Najis?
Tun Razak do not simply talk nonsense. Now Najis everybody knows that he talk a lot of promises but actually practise the opposite way. Like we listen to the rakyat, 1 Malaysia slogan,we respect the law,we work for the rakyat, we should listen to the rakyat, we should feel the pulse of the rakyat, we should win the rakyat over to our side. All these are NATO. No action talk only.All these are empty promise and empty slogan .The longer BN keep emboil in Perak crissis, the better for PR cos BN is losing the support of Malaysian everyday as the days count.
Razak is a horse, his son Najib is a donkey.
How to compare the two?
The father could not be said to be good, but the son is worse.
YB Kit wanted Najib to emulate his late father Tun Razak. A very good suggestion to Najib.
However, if Najib tells YB Kit that he is contemplating of inviting DAP and PAS to join New Barisan Nasional for power sharing in order to emulate his father’s strategy of promoting the spirit of Muhibbah, will YB Kit give a serious thought about his possibly kind offer?
Time has already past and things are no longer the same as long time ago. When Najib, as a morally controversial man himself, does not even have the moral authority to call the top leaders of BN’s component parties such as MCA, MIC, and PPP to come sit down in front of him in order to have a cease fire talk within the family, how do we expect Najib to be able to get the rebel-bound Dr. Zambry to admit defeat and willingly give in to the political reality for submissively making a request to the Sultan of Perak in order for His Royal Highness to comfortably come out with a royal decision to issue a decree for the dissolution of Perak State Assembly?
Najib has tried to push away his responsibility in Perak fiasco by saying that the power of dissolving the State Assembly is the power of the Sultan and he dares not interfere in this matter. He is indeed telling the public about the half-truth. If Najib does not give instruction to Dr. Zambry in order for the latter to make a request to the Sultan for seeking the royal consent for dissolving the State Assembly, does the Sultan really have the discretionary power to dissolve the State Assembly based on the personal liking of the Sultan? Our monarch is the constitutional monarch and the constitutional monarch is different from an absolute monarch. A constitutional monarch, unlike an absolute monarch, is not vested with the power to act unless an advice to act accordingly has been given by the party which commands the majority of the state legislature.
Najib has to prove us his sincerity by giving instruction to Dr. Zambry to seek dissolution of the Perak State Assembly with immediate effect. Otherwise, Najib only shows us that he is but a hypocrite who never walks his talk.
“Just as Razak decided that BN should not contest in the controversial Menglembu by-election 24 years ago, is Najib prepared to ask Zambry to vacate and to stop squatting in the Perak Mentri Besar’s Office?” (YB Kit)
YB Kit,
It should be 34 years ago, not 24 years ago. Please amend!
Najib’s 1Malaysia People First Performance Now is working very well. Consider the super speed of the Appeal Court single-judge’s decision on 12 May 2009 in just a matter of 3 hours. In no time, Malaysia will be top of the list in the WORLD COMPETITIVENESS REPORT.
Dear LKS, can you please make a vociferous call on the BN media to stop the spins on the Perak crisis by referring to Zambry as “the Menteri Besar of PeraK” or Ganesan as “the new Speaker of Perak”?
It’s getting to be egregious.
This link is interesting reading on what we pay our royalty.
http://www.loyarburok.com/the-system/what-we-pay-our-royalty/
LKS,
You said this about the Perak takeover: `unethical, undemocratic, illegal and unconstitutional power grab’.
I didn’t hear you say anything against Anwar’s plan to take over the federal government on Sept 16?
I also didn’t hear you say anything when the Bota ADUN jumped to PKR and PR decided NOT TO HAVE A BI-ELECTION then!
When the 2 Perak ADUN was charged in court for corruption PR said it was BN’s ploy but then when these 2 ADUNs jumper to BN, PR then changed their fabricated story saying that BN paid these guys off.
I say it again – PR are hypocrites. When things go their way they, they will make it smell like roses but when things turn against them, everything is wrong!! I am not going to defend the fiasco in Perak but PR should look yourselves in the mirror first before shooting someone else!! TOTAL HYPOCRITES!!
There’s already too much nonsense from UMNO. UMNO is trying to stop the voice of the people being heard. People power may be the only way for democracy in Perak.
Kit,
Malaysiakini (Chinese version) reported that BN had made a 25 minute optical video disc on the recent Perak state assembly event (in both Malay and Chinese languages). The purpose of the video is to portray some of PR representatives’ ganster-like scenes to the Perak people.
Mah Hang Soon of MCA (Perak) said 50,000 copies of the optical video discs will be distributed free to the Perak electorate.
Now the problem is how come BN is allowed to distribute 50,000 pieces of the optical video discs and DAP MPs were not allowed to distribute DVD video discs on the Perak Democracy Tree? It was also reported that screen, projector and other equipment were confiscated by the police when DAP tried to screen the Perak state assembly event at a recent gathering. Why must BN practice double standards?
I suggest PR also distribute to the electorate 50,000 pieces of optical video discs based on the Perak state assembly event (with slow-motion on the scene where Sivakurma was being forcibly dragged out of the House) and also on the Perak Democracy Tree.
Malaysiakini (Chinese version):
http://www.malaysiakini.com/news/104606
The video must also show the part where the political-prostitute Hee used her pepper spray on a PR assemblyman, and also the UMNO guy with the gun!
negarawan,
That’ll be definitely interesting to see! Oh yes, don’t forget the part where the PR reps broke several microphones and threw the standing order books around!
Both sides contributed to the fiasco in the DUN that day, don’t forget that.
DAPSY slams arrest of leaders at candlelight vigil
KUALA LUMPUR, May 19 — Police tonight continued their tough stance against protests as they arrested Serdang MP Teo Nie Ching and Teratai assemblywoman Jenice Lee at a candle-light vigil in Seputeh.
DAP Socialist Youth executive secretary Lim Zhen Hui confirmed Teo and Lee were among those arrested at the start of the vigil.
“DAPSY staunchly condemns the arrest of DAPSY leaders and members at a candlelight vigil in Seputeh earlier tonight,” Lim said in a statement.
“At a time when the people of Malaysia are mourning the accelerated death of democracy in this country fuelled by the shameful events in Perak, the police has reinforced the idea that democracy does not exist in this country.
“DAPSY demands the immediate release of all DAPSY leaders and members that were unjustly locked up tonight, and calls for the government to revive the democratic process to save the face of our nation that has been tainted by numerous scandals and instances of human rights abuse,” Lim added.
“Is Najib prepared to emulate his father Tun Razak and distance the office of the Prime Minister from the illegal and unconstitutional power grab when there was no vacancy in the Perak Mentri Besar’s office from February until now?” – YB LKS
Put another way the Question is : Are we sure Tun Razak wouldn’t have done same under present political milieu and present day conditions?
Can conditions 34 years ago be compared to now?
Then even if the Federal Court adjudged wrong or bias, one still had recourse and redress to the “independent” Privy Council of learned English law lords who in the case of Fan Yew Teng ordered a retrial……If one made a “power grab” 34 years ago, would the end appeal at the Privy Council level then vindicate the grab as legal and constitutional?
Now there not even no privy Council : even the name of Chief Justices were bandied around in Lingam’s Video Clip enquiry.
Another difference : Tun Razak’s Alliance was stronger and surer of itself vis-à-vis the Opposition than BN after the 8th March Tsunamy.
Even the kind of warlords and power brokers within UMNO now are different from Tun Raak’s then.
Whether there is will to end the “travails of Perak” depends purely on cost versus benefit considerations of realpolitik – not morality or integrity.
Even if political costs outweigh benefit, the aggressors/userpers will not exit unless their face is saved by some political concessions quid pro quo extracted from Pakatan Rakyat , whether in Perak or elsewhere…..
Perak is najib’s political grave. He will end with this incident. That means much sooner than badawi. 100 days for him is too long. He is too weak and has too many baggage to lug about. Umno would do well to get rid of him.
Na,..PM will ask Biri to continue the wayang…