by Augustine Anthony
22.3.09
(This article was written in anticipation of the Court of Appeal judgment in Nizar vs Zambry)
The judgment of Justice Abdul Aziz Abd. Rahim in the case of Nizar vs Zambry has attained clairvoyance status.
It had positioned the institution of rulers above politics, dignified the sultans and preserved the revered constitutional monarchy for generations to come.
In the ancient times the announcement of gestation or birth of crown prince will usually send sages and spiritual leaders into solitude in meditation and prayers in the harsh wilderness with the hope that the ruler to come will be benevolent to the subjects. History bears testimony of such adoration with monuments and poems of virtues and valour of such kings.
Today more than a billion souls, Hindus, Christians and Muslims all in India salute the great emperor Asoka knowingly or unknowingly when they rise in veneration of the majestic Indian national flag, the centre of it bears the wheel of Asoka.
But not all Rulers invite admiration. Scorn and disdain of the people witnessed the extinction of absolute monarchy in many parts of the world and replaced with power to the people by new systems of constitutional monarchy or an outright republic of a nation.
Power is placed in the hands of people’s representatives but authority is given not to deny the will and wishes of the people.
But the hearts of men are so easily corrupted.
Neither constitutional monarchy nor the presidency of a republic could remove the abuse of power and expansion of corrupt playing fields of those in whose hands the people have placed their power and authority that were removed systematically from the absolute monarchs.
Power corrupts and absolute power corrupts absolutely, so the saying goes.
The creation of constitutional monarchy and a system of parliamentary democracy with people’s power concentrated in the hands of UMNO in the last 52 years only goes to show that indeed UMNO enjoys the goodwill of the people of Malaysia.
But all that is about to change.
The epicentre of UMNO’s power shattering phenomenon is hidden deep in the emotions of the Perakians. It may well be UMNO’s fault line that may trigger the next and decisive Tsunami. A sea of people with their emotion translated into tidal waves of anger may well bring about permanent destruction to the once invincible fortress that now lies damaged at the shoreline built by UMNO painstakingly for more than 50 years led by many of their visionary leaders of the past.
But wait! Alas, those political leaders opposed to UMNO who now ride these tidal waves of anger (except for some notable veterans), are poor surfers unable to comprehend the deep current and direction of the waves. Tidal waves are fast and furious. Either you surf it or sink in it.
Many of these surfers are amateur opposition new kids on the bloc with the new found fame of Yang Berhormat. They try very hard to impress the undecided and uncertain people who had swung to the opposition in anger during the 2008 general election.
These YB’s must bear in mind that it takes more to continue winning the hearts and minds of the people than apple distribution in parliament house or bicycle paddling to the parliament entrance or constant holding of candle light in vigils and screaming “Saya YB, Saya YB” when apprehended by the law enforcement officers or even offering prayers to the ghost of unknown Ghengis Khan descendant who was blown to smithereens.
Many of these meaningless publicity stunts exhibited by these poor surfers are not only amusing but alarmingly annoying.
Internal squabbles aplenty, in short the Opposition’s value to people is fast descending to junk bond status.
While the surfers struggle at the high sea, close to shoreline the current Chief Architect surveys the damaged fortress and the coming of the tidal waves. Both he must confront and contain swiftly.
This Chief Architect is formidable, commanding an army of bureaucrat’s allegiance. His monumental fortitude sends uncluttered vibrations that he is determined to stay for more than one term as the commander in chief of the government of Malaysia.
The RAHMAN theory must die or UMNO will die. Die UMNO, this, the Chief Architect cannot and will not allow.
Najib Razak is a bangsawan pedigree. A Razak creation. Born and bred in the ways of leadership. As the son who enjoys the unseen goodwill left behind by the then chief architect of NEP in the 1970’s, he now enjoys the ancient cryptic command of the universe; the Vedas call it positive karma.
His reading of people’s anger is correct. He knows that he needs time to waft like gentle breeze to soothe the angry and humid emotion of the people. His weekly meet the people sessions is just about the right antidote in times like these. Just like his father.
His less than one hundred days in the seat of power shows that he is moving in the right direction.
Will Najib initiate the correct moves to dissolve the Perak State Legislative Assembly? Every thought is pointing to the inevitable. Dissolution of the Perak State Legislative Assembly is imminent.
To save UMNO or to squander the goodwill of the Malaysian?
It is your turn to think, YAB Dato’ Sri Najib Tun Razak
Muhyiddin struck 4 ekor, now he has money to take part in elections:
Barisan Nasional akan bertanding dalam pilihanraya kecil DUN Manek Urai, kata timbalan perdana menteri, dan mengingatkan PAS agar tidak terlalu yakin akan dapat mempertahankan kerusi tersebut.
Tan Sri Muhyiddin Yassin juga berkata, BN tidak akan memberi laluan mudah kepada PAS di kerusi tersebut.
http://penpasksgb.blogspot.com/2009/05/muhyiddin-pas-jangan-terlalu-yakin.html
In the next election, BN must put up the three defectors in their original constituency to prove that it was the peoples’ choice that had defected to the BN. I am sure that the people will give them the overwhelming vote of “no confidence”
Only if these defectors have the courage to face up the rakyat for selling them out. I am just dreaming. These three will have quietly retired after they complete their term, having reap a comfortable return for defecting and selling out the rakyat.
Tun Daim Zainuddin has personally told Dr Mahathir that Singapore possesses all the evidence that Najib, Razak Baginda and Altantuya met at the Oriental Hotel in Marina Square one year before she died. This means, with the evidence that Singapore possesses, they would be able to blackmail Najib. Surely Dr Mahathir would not want someone who can be blackmailed into doing Singapore’s bidding become the next prime minister knowing how he feels about Singapore and those perceived as under Singapore’s control?
http://mt.m2day.org/2008/content/view/22273/84/
As long as UMNO is confirmed…corrupted to the core government….and Malays are suckered by racialist issues….expect fair judgment..you may a well believe there is an old man …living on the moon.
Nice to know…if the 3 judges are UMNO racialist members.
Pro UMNO writers will say….we are sour losers…cannot accept wise judgments…and praise sky high of a judge delivering good news to PR.
If corruptions…race and religion are ruling us….do not expect fair judgments.
On rare occasions….we are blessed with one.
The result really means..no peace for Perak…and I hope the Sultan of Perak is really happy.
The fight will continue.
People’s Power is not happy that their demands for State Election… not heard nor recognized.
We have be treated like nobodies and best is to judge by..state ..a by…or general elections…and let People’s Power decide.
So for..4-1 against UMNO on 5 by-elections.
Lets wait Penanti.
Anything involves Malaysians is the best solution …not the judges or royalties..and certainly ….not UMNO…corrupted to the core…out right racialists…truly not qualified to govern .
Nizar or rather Nga/ngeh must take his role as a responsible opposition for Perak . Do it for rakyat , wait for GE 13 …..but for now move forward for the sake of rakyat and the country…
Uncle Kit , our CJ is an UMNO man, what to expect from this appeal decision? ZAM ZAM will be the happiest man in whole of Perak to be confirmed as the legallly appointed MB,The going will be tougher from now onwards , all hurdles will be used by BN, They are afraid to go back to the Perakian Voters.
Now that Perak has been usurped by umno, it’s the turn of Selangaor, Kedah, Kelantan and Penang… that’s the meaning of 1Malaysia, frogs first, BUY Now
no need elections,just declare malaysia is a monarchy state,the sultanate will pick whoever he likes to be’MB’,we go back to pemerintahan raja-raja like iskandar or raja muda,save more money,pump into PKFZ,all MPs go to disneyland every month with their whole family members,maids,pets too,fly first class,with rm5million cash,each one for shopping!
what is the difference betwin UMNO and the pirates of SOMALI?
Chengho does not know what the people want?
This little boy advises Nazar ..to move on…as if …an expert in politics.
If MCA does to choose him to stand for 13th election..what a waste of such rare talent.
The battle has only begun. The real battle is 3 years from now in 13th GE. It is most likely going to shape up to be most bruising battle ever by a long mile.
BN hope of retaining Perak in 13th GE predicates basically on a recovering economy, spending and blunting of key issues. I do not believe that recovering economy and spending will be enough.
So it boils down to basically blunting of key issues. Najib is not without tools to blunt issues. The biggest one being Hindraf.
Hindraf represents the biggest potential catastrophe for BN. Essentially Hindraf challenge to UMNO/BN is – fufill promise of BN formula of ‘power sharing’ which essentially is micromanaging racial social economic issue OR end NEP and Ketuanan Melayu. The biggest problem with this challenge is both are not options for UMNO/BN despite what Najib may have said in Singapore.
The real solution of Najib to Hindraf is to rollback a bit on NEP and Ketuanan Melayu and let Hindraf release some steam. Essentially blunting the issue rather than let it blow up. AND Hindraf can only be a catastrophe if Indian-Malay hegemonist relations literally blows up on the street. Najib knows that should there be violence between Hindraf and Malay hegemonist, UMNO will lose a large part of even the Malay support.
This is especially so because PR is turning out to building a credible track record administrating their states particularly Penang and Selangor. PR is turning out to be a credible alternative to BN as govt in the eyes of people even Malays. Their administrative skills have proven superior under limited resources and Rakyat including Malays see that.
Hence the key running up to the battle of 13th GE for PR
1) Continue to build a track record of administrating Selangor and Penang in particular. PR faces some very tough issue in carrying these through for 3 more years. PR need to ensure it does not get sidetracked by politicking and build resources to continue the track record. It is by no means a done deal.
2) Hindraf tendencies to demand a lot and fast results from PR while at the same time willing to continue engaging BN is a tough situation to manage. The honest truth is Hindraf has no choice but to support PR in the long run, its ransom of PR in the short run is just to gain as much as possible in the shortest time. PR cannot take for granted that Hindraf understand the constraint PR work with and must engage them fully AND at the same time must make sure Hindraf behave within PR constraint. The simplest way to make it clear to Hindraf is that PR leaders understand they are NOT going to get what they want from BN unless they take the streets and lives are lost. Everything until then between Hindraf and BN are mere soap-opera until that disaster. AND they can’t just simply do it. Hindraf need to trigger BN actions that lead to that end OR it will not gain the support it needs from other communities particularly the larger Malay community.
The honest truth also is Hindraf leaders, mostly the core group, have done almost a straight A job of managing the agitation of the Indians. They have pushed boundaries and yet still have NOT gone overboard and out of control which sometimes did not appear to be so. While the political leadership of the Indians remain fractious, the community itself appear to gaining some maturity under the leadership the core few person. So long as the top leadership of Hindraf stay together and have good relations with PR, situation can be managed no matter what the other sideshows may be. It is PR intrest to urge Hindraf to be better organised, more systematic instead of relying on sometimes hacks and out-of-control egos to speak on their behalf. Hindraf need to engage the larger community – speak for Indians not just to BN and PR but also to the larger Malaysian community especially the Malay and East Malaysians. PR will appear to be the only party capable of managing Indian dissatisfaction in this country.
If Hindraf can built organised momentum going into 13th GE, PR can continue to build a track record, with some luck, not only Perak is guaranteed to be back in its fold but could be snowballed into changing of Federal Govt in 13th GE. Its a tough challenge but the thing is its possible, very real possibility.
Some big shot once said. The people will get fed up and in the end, who will emerge the leader ? How sinful can men get, no matter how much one does in order to be good. Screw the laws. Where are all the good lawyers with a heart of love for Malaysia ? Where have all the good people with a heart of love for Malaysia gone to ?
Loose cannon ball says
“Chengho does not know what the people want?
This little boy advises Nazar ..to move on…as if …an expert in politics”.
————————–
That is the problem with a self-serving loose cannon ball. Chengho is not a little boy. He knows exactly what the people want and he has more expertise than a loose cannon. Only a loose cannon will continuosly fall into his trap.
“Singapore possesses all the evidence that Najib, Razak Baginda and Altantuya met at the Oriental Hotel in Marina Square one year before she died. This means, with the evidence that Singapore possesses, they would be able to blackmail Najib.”
Rosmah n Najib are in Singapore
for their nth honeymoon
Blackmailed by Singapore?
No lah, maybe the evidence
can be traded for the return of Mas Selamat to Singapore
One crook for another crook
Amiable settlement, water supply to Singapore…..
cheaper water for the islanders!
nagig ton rosak, next move…foreign aids to Mongolia?!!
what is the difference betwin UMNO and the pirates of SOMALIA?
umno not allowed to wear black but the pirates of Somalia wear black all the time.
Looks like judges in Malaysia
agree to disagree
Judges from appeal court, high court, supreme court
all have different values and judgments
Same action, in different courts, meant different things
Haram, halal, haram, halal, haram, halal
No wonder people think courts are Aussiland
where kangaroos happily hop, hop, hop & leap, leap, leap
The world economy is set to recover from next year, the PR-controlled states, especially Selangor and Penang, must continue to do well and attract more and more investments, providing the people with more and better-paying jobs. That’s the most important thing to do for being in power. What well-to-do people like Monsterball, Jeffrey, Limkamput, etc, write are true and undeniable, but what we ordinary wage-earners want more is ever improving income. So, sometimes, I just have to be honest to myself, and give credit here credit is due.
I’m glad to note that our Penang CM LGE is slowly and surely learning the finer points of governing the state considering the amount of investments flowing into the state for the past few months. Penang island is small, people have few opportunities for career advancement. The bright spot is the electronics sector. No wonder people here give their best when they get the opportunity to work in the factories. That’s how Penang rightly earned its title ‘Malaysia’s Silicon Valley’. Given the improving economic scenario, Penang’s reputation as manufacturing centre par excellence will help establish PR’s dynasty in Penang like what it did Gerakan/Umno in the past.
Not to veer from the main topic, if Pakatan Rakyat wants the unwavering support of the people, it has to show results in the states they are governing. Just serve the people colour blind, the people will in turn show their gratitude come the 13th GE. Do the right thing all the time and allow Umno/BN to misstep and falter. But remember, PM Najib is no pushover. He is a seaoned politician and learned how his father win over the confidence of the Chinese, even only a few years after May 13, 1969, as the 1974 GE results clearly showed that the confidence of the Chinee in his leaderhip had returned. The 2nd Premier broke the ice in Malaysia-Singapore relations in 1973, then went to China in 1974 to shake hands with Mao Zedong.
Now PM Najib is doing likewise – visiting Singapore and then China, but this time around the son is doing all for the right reasons of bringing economic benefits to the rakyat.
The PR have to counter the onslaught of the BN by outperforming them in PR-controlled states, especially Selangor which is the heart of Malaysia.
The majority of the people had sensed it was coming based on series of 2 Judical Systems. This is no surprise.
BN has no right to call itself legitimate until BN returns the mandate to the Perakians. BN must put the 3 defectors to stand in their respective constituencies.
Let Perakians be the judges of the day.
It is anticipated that the judges of the Court of Appeal would do the job right, and I was right. The justice is now returned to Datuk Zambry and the people of Perak. People in Perak should be proud of the Court’s decision and should respect the judgement. PR should not resort to public protest or any kind of action to object to the judgement. UMNO will always fight against the injustice and UMNO will never lose.
I urge PR to give up their appeal to the Federal Court so that Perak could revert back to its peaceful moment.
Of course you are right,Kasim Amat,who can doubt the ability of UMNO goons in manipulating the judiciary.You want me to quote again what that little but huge towering figure Tun Justice Suffian has to say about our judiciary.But the impending war that is to come in 3 or 4 years time will be waged by the little Joes in the street,is BN going to win this time?
Most of the MPs and ADUNs from MCA and Gerakan are Chenghos, they are male and female Changhos. The Chengho who post in this blog sounds like the Chang Ko Youn, the Gerakan chief of Perak and special advisor to Zambry.
Najib is aware of the tidal wave of anger over Perak but he will do nothing to dissolve the Assembly and hold fresh elections. His methods of countering it will be the traditional Umno way such as:
1) People have short memories. [desperately clutching at straws]
2) Use the mainstream media to spin and shape public opinion. [doesn’t work anymore but Umno hasn’t learned]
3) Use the carrot and the stick during elections. [voters have learned to take the carrot and ignore the stick]
4) Voters have no choice but BN. [not true anymore but Umno is still in denial]
Najib knows what really needs to be done but he will not do it. He has less freehand than you think with the culture and foundation of Umno. Like AAB, Najib is a prisoner of history.
A way out has been missed with executive interference in the courts. If Nizar had been allowed to win the appeal as he rightly deserves, the court decision could have been used as the excuse to dissolve the Assembly.
But now, there’s no way Umno’s warlords will not allow him to snatch the loot of Perak away from their greedy hands.
Why be surprised…braggart..Limkamput is praising Chengho.
Two of the same birds must flock together.
There two types of loose cannons.
I am one loose cannon shooting our balls of fire….hitting targets and get results.
Chengho and self proclaimed..highly educated Limkamput are small boys talking big…out of text book knowledge. They are also loose cannons …shooting out hot air…useless and shameless Malaysians performing to be racialists and serve their master UMNO at the best of their abilities.
They maybe old in age….but their brains and mentalities are out-dated and stagnant….so alike their masters.
Locter Zombie and his gang
had won a Pyrrhic victory
They thought they won the battle
but they will eventually lose the war
For someone who is locter
pity can’t see the forest for the trees
He no see n no faham
Sometimes people
Lose the battle to win the war
The long march has begun
For whom the bell tolls
it tolls for thee …… My Zombie locter
Perak has become a TIME BOMB for BN – due to explode in 3 years’ time!!!!
///NOTES OF DECISION IN ZAMBRY V NIZAR CASE (COA)
These are the notes taken of the Court of Appeal’s Decision in the MB v MB matter delivered orally on 22.5.2009 by Raus Sharif JCA on behalf of the His Lordship, Zainun Ali JCA and Ahmad Maarop JCA. Any mistakes herein are mine. From http://www.loyarburok.com/
Firstly, we would like to thank counsel in assisting us to arrive at our decision. The decision is unanimous and these are our views:
1. The granting or withholding of consent to dissolve the State Assembly is a royal prerogative to be exercised by His Royal Highness (HRH).
2. From the facts of this case, the request made by the Respondent (Nizar) to dissolve the State Assembly was made under Article 16(6) of the Perak Constitution, and not under Article 36(2).
3. Under Article 16(6) of the Perak Constitution, upon the exercise of HRH’s royal prerogative to withhold consent for dissolution, the Respondent shall tender his resignation.
4. There is no mandatory, express requirement that provides for a motion of no-confidence to be passed in the State Assembly against the Respondent before he ceases to command the confidence of the majority.
5. The fact that the Respondent has ceased to command the confidence of the majority may be ascertained through extraneous means. We approve the case of Amir Kahar. The case of Stephen Kalong Ningkan, adopted by the learned Judge (High Court), is distinguishable on its facts.
6. HRH was right to make enquiries to satisfy himself whether the Respondent had ceased to command the confidence of the majority before deciding on the Respondent’s request for dissolution.
7. On the facts of the case, it is clear that the Respondent had ceased to command the confidence of the majority thus HRH, in accordance with Article 16(6), was right to appoint the Appellant (Zambry) as Menteri Besar of Perak after being satisfied that the Appellant commanded the confidence of the majority.
8. The learned Judge (High Court) erred in law when interpreting the Perak Constitution. He failed to properly appreciate the evidence rendering his decision clearly wrong.
The appeal is allowed. The orders of the High Court are set aside.///– From http://mt.m2day.org/2008/content/view/22284/84/
Re 2. The fact was Nizar, the MB had an audience with the Sultan before there was a decision from the State assembly as to his support in the assembly. Article 16 (6) of the constitution relates to the event of decision by the state assembly. The request was made therefore based on anything but not on Article 16 (2).
Re.5. The suspicion that the MB has lost the confidence of the majority might be perceived after the three kataks had submitted their resignation to the Speaker. It is the speaker who could determine with certainty and legally whether the three kataks were still ADUNs. Had the state Assembly been called, and as the Speaker had the authority to decide whether kataks were still Aduns, and he had expressed that they were no longer so, there could only be 28 BN ADUNs who vote against Nizar who has now 28 ADUNs who support him. So they would be hung assembly. The MB has not lost the majority when he equals his opponent. Under the circumstances, the way to prove legitimacy is to have the assembly dissolved.
RE. 6. HRH had the constitutional authority to do what he was authorised, but under the law it is the Speaker who can determine the status of the ADUN who had on their writing resigned the post. The HRH could have made the enquiry, but he had not obtained the additional authority to decide whether the kataks were still the ADUN, legally. It is because the Sultan could not legally determine the status of the kataks, and that voting in the hall is different from giving opinion that the question of whether the MB had the support of the Assembly ought ot be determine in the right place, the hall of the state assembly.
Re.8. The evidence was that there was no meeting in the Perak State assembly to outvote the MB. All meetings done in the Palace were not relevant so far as to the determination of the support of the MB in the state assembly. That has to be seen to be believed.
The Court of Appeal tried hard to find excuses to deviate from “The case of Stephen Kalong Ningkan,’ and they claimed that “The case of Stephen Kalong Ningkan, adopted by the learned Judge (High Court), is distinguishable on its facts. They might have noted also that the Chief Minister of Sarawak was dismissed by the governor, and not a Sultan.
23/5/2009 at 05:47.10, chengho said:
Nizar or rather Nga/ngeh must take his role as a responsible opposition for Perak . Do it for rakyat , wait for GE 13 …..but for now move forward for the sake of rakyat and the country…
The rakyat did not have to wait for GE13.
In GE12, the rakyat had already given their mandate to Nizar, Nga, Ngeh & the other Pakatan Rakyat ADUNs to be responsible for the administration of the Perak state government.
But because UMNO’s BN was not willing to accept this and move forward for the sake of the rakyat and the country, the cunning political maneouvres orchestrated by the Pekan MP had robbed Nizar, Nga, Ngeh & the other Pakatan Rakyat ADUNs of their roles in the state government…
On 23/5/2009 at 12:13.32, Kasim Amat said:
It is anticipated that the judges of the Court of Appeal would do the job right, and I was right.
Of course, supporters of UMNO’s BN would anticipate this because with the federal government’s resources at hand, UMNO’s BN has ensured that the court would have the ‘right’ judges, who would give the ‘right’ verdict, and thus, its supporters would be made to think that they had been ‘right’…
On 23/5/2009 at 12:13.32, Kasim Amat said:
The justice is now returned to Datuk Zambry and the people of Perak.
It only appears to be so to the supporters of UMNO’s BN.
But can the Pangkor ADUN ever possibly prove & justify to the people of Perak that UMNO’s BN actually has the people’s mandate to run their state government?
On 23/5/2009 at 12:13.32, Kasim Amat said:
People in Perak should be proud of the Court’s decision and should respect the judgement.
UMNO’s BN should have learnt to lower its pride and respect the choice made by the people in Perak during the 12th General Election…
On 23/5/2009 at 12:13.32, Kasim Amat said:
PR should not resort to public protest or any kind of action to object to the judgement.
In that case, the Pangkor ADUN should not have objected to the earlier High Court ruling and thereby should not have resorted to a ‘quickie’ appeal on the following day, disrupting the continuity of the Perak state government administration in a matter of hours…
On 23/5/2009 at 12:13.32, Kasim Amat said:
UMNO will always fight against the injustice and UMNO will never lose.
Of course, UMNO will always fight against what is perceived to be injustice against its members and supporters, and how could it lose when it has strategically placed its minions all over the nation’s government machinery to do its bidding?
On 23/5/2009 at 12:13.32, Kasim Amat said:
I urge PR to give up their appeal to the Federal Court so that Perak could revert back to its peaceful moment.
I urge UMNO’s BN to give up its power-grab of the Perak state government so that the good people of Perak can peacefully make their choice once again through the power of the ballot box…
I found the court of appeal’s justification for the decision to be flawed and unbelievable!
Using the justification \majority support\ is flawed. \Majority support\ is a statement and not a MEASURABLE/QUANTIFIABLE data to be used for decision making. \Majority support\ is measured when there is a forum for the assembly man/women to state their support; MEASUREMENT should be documented and agreed by the ALL the assembly men/women.
I’m not a legal expert but a layman with very simple COMMON SENSE. Here is the analogy;
I have a sport society consisting of 21 members trying to elect a treasurer. 2 contenders Mr. Z and Mr. N, 11 members publicly declare their intention to vote for Mr. Z. It does not make their intention, public declaration or perceived alignment to be a MEASUREABLE DATA. The only MEASUREMENT DATA is voting!
How do you know there are only 11 members supporting Mr. Z as treasurer. It could be 20 or 8…who is to judge?????
You need to have a forum and a process to MEASURE the \majority support\.
This is pure common sense.
Augustine Anthony,
I’s a seismologist. If you want to know more about seismic activities, fault-lines, tectonic plate movements and earthquakes, you can contact me.
Najib is building a suicidal time-bomb for BN for the 13th General Election if he fails to initiate actions to dissolve the Perak State Legislative Assembly.