By Martin Jalleh
Once again justice is shamelessly sacrificed on the altar of political expediency by judicial shenanigans of the highest court in Bolehland. It is a sad day indeed to see how five “blind” men of supposed legal stature strove so hard not to see and sense what was staring at them in the Federal and Perak constitutions.
The judiciary – the very portal of justice continues to be reduced to a convenient playground for the ruling elite to legitimize their power grab, persecute their opponents and promote their political agenda, through the perversion of the rule of law by certain court jesters.
The Federal and Perak Constitutions are dead, done in by those who decided to disregard, desecrate and discard constitutional provisions to treat the doctrine of separation of powers with deference. They are rigorously and rightly interpreted only when it best suits Umno.
In stark comparison to the courageous, cogent and convincing judgment of High Court judge Abdul Aziz Abdul Rahim, the cowed five-member bench caved in and conveniently decided to take the cue from the powers that be.
It comes as no surprise that their “collective written judgement is apparently riddled with contradictions”.The five judges surely qualify for retired Justice N H Chan’s classic category of “recalcitrant” and “Humpty Dumpty” judges in the Perak conundrum.
Today the reputation of the judiciary or whatever was left of it, has been sullied irreparably. In the eyes of the public the judiciary has sunk so low as to allow itself to be intimidated, its independence and impartiality interfered with, and its integrity reduced to ignominy.
The judiciary has made a decision ignoring the overwhelming implications. As toppled Perak MB Nizar Jamaluddin said: “If this decision goes on and becomes the law of the day, it will lead to an absolute monarchy (which) means the ruler can now dismiss the prime minister or the mentri besar at any time.”
The winds of change promised by the PM have turned into a stench of contemptuous compromise emanating from the corridors of the Palace of Justice. The rhetoric of the Chief Justice on a judicial renaissance and the Attorney-General on a “war against injustice” stink to high heaven.
In the halls of the Palace of Justice hangs a heavy suffocating air of hypocrisy whilst supposed men of honour with hollow character hang on to their high and lofty positions and holler, hype and harp on upholding and interpreting the constitution to the hilt as they hand out whimsical and warped judgments!
The Federal Court decision was merely the next logical step after the historic haste with which the judiciary helped Zambry back to the helm. Less than a day after the KL High Court had ruled in Nizar’s favour, and three hours after Zambry had filed for a stay of execution, a one-man Court of Appeal readily heard the latter and granted him a stay two hours later! Zambry won his appeal 11 days later!
The Federal Court ruling is the climax of the shocking and scandalous manner the judiciary has handled the Perak crisis. It has left behind a dead constitution, “bad” and “perverse” decisions, dubious declaratory orders, judgments devoid of reasoned grounds, and disgraceful double standards.
The judiciary was bursting with bias which even the blind could see!
The added fact that the “Perak cases” were made the exclusive domain of a few judges in the High Courts and especially the Appellate Courts strongly suggests a hidden hand of one who obediently followed the instructions of the same Umno elite who hijacked the Perak state government by high-handed, hideous and heinous means.
What is next fellow Perakians? Yes it was a very unfair judgment but then again life is unfair! Shall we move on and win the war in spite of having lost the battle today? Let us leave the judiciary and the those who make a mockery of our justice system to swim and drown in their own judicial vomit.
Surely the past one year had drawn the rakyat of Perak closer together and made us more daring and determined to dream and drive ourselves towards a Government we really want in Perak. Personally, I have never been to so many PAS ceremahs before in my whole life!
Indeed the Perak Constitutional crisis had forged and fostered formidable comradeship amongst the leaders and members of the parties of Pakatan Rakyat (PR) in Perak. Who can forget the kind of support the PR Aduns gave to one another as they tried to enter the State Assembly or the historic raintree State Assembly? The crisis also revealed the real friends and foes of PR.
The struggle made us Perakians realize that there were heroes amongst us – an MB with an indomitable spirit, a Speaker whose courage became an inspiration to many, a retired judge intensely committed to the law, intrepid principled politicians in the coalition and unknown individuals willing to risk involvement – surely in continued synergy we will be able to serve up a surging and unstoppable wave of change…in the next General Elections!
Before this, they were saying “Bubar DUN Perak”! Now, we should be saying “Bubar SPR dan bubar Mahkamah”! What is the use of holding elections when the powers that be do not respect the rakyat’s rights? And what is the use of the courts when everything written in the Malaysian Constitution and Perak Constitution has been ignored by five highly learned judges who hold the highest judicial positions in this nation?
Luckily, malysian are peace loving citizens.
Else, today already a mess in the street.
Don’t take advantage of Malaysian peace loving heart, treat them like a fool, a bunch of servant by selling their citizen rights for self benefits without respect of Constitution rights to Malaysian rights.
You may nametag The MALAYSIANs who betray MALAYSIANs (for their own benefits).
Selling his souls to DEVIL to get benefits.
Highly learned judges! my foot they are the highly paid future Tuns or Tan Sris of Najib who do will whatever Najib orders.
What is the use of praying 5 or 50 times a day for they all are going to hell.
Pakatan Rakyat should never be seen as a total loser in the Perak Fiasco. PR’s fight against BN under the lead of Nizar of PAS in cooperation with DAP’s Perak leaders in Perak Fiasco has successfully demonstrated to the Malaysian people a viable model of cooperation between PAS and DAP. This will be a strong asset being built up in favour of Pakatan Rakyat. This asset will prove to be valuable when comes the next General Election, for Pakatan Rakyat will need less effort to convince the Malaysian people now that PAS, DAP and PKR can work hand-in-hand in forming a stable Federal Government in order to succeed the inefficient, corrupted and the economically poor managed BN Government!
Enough of these intelligent arguments! What happened was brute force won over reason and the respond from opposition and critics is more intelligent argument?
Do PR and their supporters think the people in rural Perak understand these things? Even if they do, do you think they will not waver if nothing else happens?
The times calls for smarts. Down to earth brainwork that throws UMNO/BN off its feet. And the smart thing is not to argue about high-falluting ideas but to link it to down to earth issue.
Its time to just spin the idea that UMNO/BN spend all their time denying what the Perakians want which is an election and spend next to no time thinking about robbing them with GST and removing subsidies of essentials. Rakyat nak undi, tak beri, Rakyat tak nak GST, paksa, tak nak Barang Naik, paksa juga.
Cari makan, folks, cari makan…once you have reached that level, why would you want to rock the boat ? Wait till they retire, then perhaps they will write memoirs reflecting the stories behind the scenes. This decision is not unexpected. The day a particular individual was pushed through by Badawi to be the CJ was the day that UMNO bought its insurance policy.
So the “LEARNED” judges have delivered their judgement now.
Come 13th Election, the Rakyat will deliver their judgement!
It is a nightmare to see Malaysia, which is a democracy, being reduced to an absolute monarchy!!
// 7 so the ” LEARNED ” judges have delivered their judgement now….by rockdaboat. Well,I think malaysians especially the perakians would remain calm and move about as usual .On the contrary, the five judges who cheated/lied and succeeded would not get away as their conscience would prick and huant them forever.They may pray five times a day, The more they pray,I think their bad/guilty/judgement conscience would become pretty conscious and this consciousness would bring them pretty lots of unpleasantness and unhappiness.
judges interpret constitution but not make constitution.
yes. a sad day in malaysian history.
By the Federal Court decision, wouldn’t the legal way be opened for one side to poach by inducements or corrupt means “kataks” from the other side, and when sufficient numbers have been collected for majority, approach the Ruler to ask for change of state govt and the existing MB in its favour?
I always think that when interpreting law/statute, it must be interpreted in a way to lead to intelligent and good rather than absurd consequences. We should interpret the law to lead to consequences promotive of democracy rather than kleptocracy!
Article 16 (6) of the Perak Constitution states that “ 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”.
Here there’s a dispute whether MB Nizar had actually ceased to command the confidence of the majority of the members of the Legislative Assembly because there was no vote of no confidence passed on him. Our own local Stephen Kalong Ningkan (1966) says that must be vote of no confidence passed to establish it. The Federal Court chooses to follow a Privy Council case from Nigeria (and the Pairin Kitingan case), where there was no lower house vote of no confidence.
I’m unable to understand why we can’t follow our own local Kalong Ningkan case instead of a Nigerian case?
But never mind. Even if assuming that one does not need a vote of no confidence – just a head count will do as the Federal court says – I would understand Article 16 (6) of the Perak Constitution as meaning that if an MB shall cease to command the confidence of the majority of the members of the Legislative Assembly (by head count), then he is entitled to two options, either (a) ask for dissolution of state assembly to pave the way for state wide election or (b) resign, and if he elects for (a) his request should be entertained by the Ruler.
Except for a case where the existing MB does not elect to request for dissolution per (a) or exercise the other option to voluntarily resign per (b), then only he can be sacked by the Ruler, but not under other circumstances. For otherwise the Ruler will have descended into the arena to arbiter a political power struggle not consistent with the role of constitutional monarch (as distinct from an absolute monarch) as envisaged by our constitutional framework.
To grant the MB, having lost majority in a legislative assembly a right to dissolve that assembly for fresh election is consistent with democratic principle of returning to the rakyat/people for mandate to resolve the impasse in the legislative assembly. Why impasses? Because obviously existing MB could not carry on because he lost the majority numbers. Equally obvious the BN MP also could not take over with the majority numbers because the extra number of aduns he has were elected under PR’s ticket and can no longer claim to represent their constituency’s will once they change political affiliation!
Continuing from preceding post#11:
I am reinforced in the above view by the Australian example.
In Australia in October 1975 PM Gough Whitlam’s Labour govt was defeated on the Money Supply bill by resurgent Liberal-Country Opposition, led by Malcolm Fraser, which tantamount (indirectly) to a vote of no confidence being passed against Gough Whitlam.
The Governor-General Sir John Kerr (representing Constitutional monarch, the Queen), revoked Gough Whitlam’s commission as PM and installed Fraser as not a Prime Minister just to carry on but a “caretaker” Prime Minister for intererregnum period with instructions to make no policy changes, no appointments, no dismissals and call an immediate federal election.
Here you see that even in a case of indirect vote of no confidence on Gough Whitlam, their practice is still to go back to the people for mandate in an election – which I will argue ought much more be the case of PR MB Nizar, who unlike the more severe case of Gough Whitlam, had not even suffered any vote of no confidence (direct or indirect). Nizar should be entitled as of right to dissolution of state assembly to pave the way for state wide elections so that people democratic mandate could be secured to resolve the impasse.
This means following Australian precedent Zambry should be caretaker MB to prepare for state elections rather than carry on as if nothing happened.
This would be the better course, when choosing precedents for guidance, to follow Australian than Nigerian cases for obvious reasons that the former is first world operating on parliamentary democatic conventions and practice whilst latter is 3rd world!
Although Perak Darul Ridzuan is a state within the Federation of Malaysia, surely this state retains some measure of its autonomy and sovereignity.
But before Umno-BN grabbed the reins of the Perak state government from Pakatan Rakyat, we have seen Federal Government Umno-BN leaders, first the then DPM Najib, followed by the then PM Pak Lah, each personally seeking an audience with HRH Sultan of Perak. What had transpired between them, of course, remains undisclosed, but there is no doubt that the outcome of those meetings had led to the unceremonial ousting of elected Pakatan Rakyat from the state government government.
Umno-BN’s supporters will of course be quick to point out that Najib was appointed as the head of Perak state BN, but such an appointment was obviously convenient for Umno-BN not long before Pakatan Rakyat was ousted. In addition, one (and also the good people of Perak) would & should wonder why Najib, as a MP from the state of Pahang, and also Pak Lah, as a MP from Kedah, would want to interfere with the state political affairs of Perak, compromising the state’s autonomy & sovereignity.
For in 3rd world the coalition in power that is richer and having access to national resources will always be at vantage point to atract scoundrels using the resources of the other side to get elected, and after that jump over to share the rsources of this richer side betraying peoples/constitutencies’ trust.
If just by attracting them to come over and with the numbers in place one can according to the recent decision change the state government by sheer numbers procured (without legitimacy of by election) the way will be opened for all state governments controlled by Opposition to fall by one one like dominoes via this “legal” way. We will gop the way of Nigeria following its precedent in more than one sense!
That’s my limited understanding of the implication.
It’s all up to us the Rakyat, to put things right in the next election! For now just watch the bolehland show.
You can’t “buy” the aduns unless you have the resources, and we all know that PR simply cannot match the den of thieves in this regard. The only way is to ensure that the candidates PR puts up in 2012 or 2013 are not easily bought. Everybody has a price, but then PR must put up candidates where money is not at the top of their considerations to run for office.
The people of Perak are so fed up now that I’m certain that the next elections will prove that the electorate will not forget or forgive the kataks. Or an MB that won his post via the back door.
However you want to argue it, the fact of the matter is UMNO/BN brute force is winning the current rounds of battles.
What do you do faced with a winning brute? You have to undermind them, cut the knees-off, knock them off their feet. Its David vs. Goliath..
Its not taht there are no ways to turn the tables on UMNO/BN but PR is faced with their own undermining problems.. Hindraf is a fragmented force that should have been available but instead is an undermining force for PR also. Internal problems, like problem members and being bogged down with tough governing, is zapping confidence and mental wall of creative fatigue.
Frankly the brute is winning but what is even more glaring is when things are truly tough, the top of PR is not stepping up in terms of leadership. PR frankly looks like its is wishing for luck to go its way..
Wow ! Nizar vs Zambry case..judgement 5 :0 in favour of Zambry (Umno/Bn) .And Umno/Bn top leaders said “respect the laws” and those (meaning PR leaders and supporters ) who don’t would be dealt seriously within the law. Well guys,lets turn this scenario up side down …Zambry vs Nizar ….judgement 5:0 ….in favour of Nizar (PR)….What would you guys expect Umno top leaders to do ?. I think they would appeal to the Agong/king ….telling the nation that they could not control their own people … fire bombing starts with the judge’s house and at the same time going into the streets demonstrating violently and burning effigies of Nizar,LKS and Anwar. I think my second thought if it’s correct that the 5 judges had the good sense that may-hem would happen in the country,thus decided 5:0 against their conscience in favour of Umno/BN. I would like to hear you guys thougjt of this.
Manipulated majority EQUALS legitimate majority (as interpreted by the 5 judges).
Its a Dame Dame SHAME of the Judgement in PERAK. Lets all pray and wait for the next GE. ME and all my family got 15vote will go for PR next GE for sure.Lets all work hand in hand to help YB NIZAR will be next MB in PERAK.IM from Perak and im not in politic or so what ever. I would love to see MB NIZAR will be my MB. Not that CHEAP MB from PANGKOR.To all PAKATAN RAKYAT its time to work more hard and go down to the ground and keeping on doing ur good work. its not far next GE enough time for u to get what u want. also to all PAKATAN RAKYAT be very carefull BN UMNO are trying their EVILS getting to get PENANG KEDAH SELANGOR AND KELANTAN. Dont let them go near it. and please keep and eye with all ur adun adun.Throw them out if they are ROTEN eggs. NEVER EVER GIVE THEM A CHANGE FOR DESTROY PAKATAN RAKYAT.
MAY GOD BLESS PERAK.
“// 7 so the ” LEARNED ” judges have delivered their judgement now….by rockdaboat. Well,I think malaysians especially the perakians would remain calm and move about as usual .On the contrary, the five judges who cheated/lied and succeeded would not get away as their conscience would prick and huant them forever.They may pray five times a day, The more they pray,I think their bad/guilty/judgement conscience would become pretty conscious and this consciousness would bring them pretty lots of unpleasantness and unhappiness.” – frankyapp
Whether their conscience will prick them or not, I do not know but there is one thing I am sure:
These 5 “LEARNED” judges will never be forgotten in Malaysian history for the next 10,000 years!
Just like Recount in the USA Supreme Court decision
in 2004 , AlGore VS Bush…
AlGore accepting the Supreme Court decision eventhough some supporters emotionally disagreed and wanted to demonstrate .
Nizar the Moron must learn from AlGore .
///By the Federal Court decision, wouldn’t the legal way be opened for one side to poach by inducements or corrupt means “kataks” from the other side, and when sufficient numbers have been collected for majority, approach the Ruler to ask for change of state govt and the existing MB in its favour?///
When the wrong party does the buying the Federal court would quote the Stephen Kalong Ningkam case. It is up to the judges to decide what case they want to follow. Double standrads are practised even in our Federal court.
Was it not said that the Federal Court turned kangaroo during the time of Tun Hamid and Tun Eusoff Chin? Well, if it did, then would it not be figuratively correct that the new births on the Bench would be ‘joeys’?
It’s sad that the Bench cannot and would not stoop low to answer the brickbats hurled in its direction. But what if the Federal Court is guilty as alleged? Then, there is no sense in any reply that would further worsen an already damaged reputation.
So Zaki, how now-lah? Speak or forever be relegated into the dungeons of public opinion. Show that the FEDERAL Court is independent and just. Alas, are yr hands tied and mouth gagged? Speak, Zaki, speak if justice runs in yr veins or are the courts clogged by judicial atherosclerosis?
Watch ‘Mr. Smith Goes To Washington’. See how one man in the U.S. Senate stands up against corrupt politicians in the face of overwhelming odds. The corrupt morons, who are either ‘independent but friendly to’ UMNO’s BN, or already in UMNO’s BN, must learn from ‘Mr. Smith Goes To Washington’.
for UMNO and there is no guidance from any precedence, except guidance from UMNO. This nonsense has been there since the dawn of Mahathir and if any precedents being set is the “United Engineers” precedence in the 80s. Lim Kit Siang won the battle but was made to loose the war. The same with Nizar who was jubilant in winning a battle but not knowing that he will certainly loose the war.
There is no surprise on the decision as it is already written on the wall, and Pakatan is hoping against hope. They including Anwar were jubilant after winning the case in the high court but I had already cautioned them in my blog (www.towardsgoodgovernance.blogspot.com) on May 13 2009. I was surprised that some senior leaders of Pakatan are adamantly naive on the credibility of our judiciary. To me their credibility are in tatters as it had been completely shattered by Mahathir and why repair it when for all purpose and intent , it has served them very well.
The country can go to the dogs, but UMNo is not at least worried as long as they can stay in power to milk the country dry. The best they can do is to stage a GTP or NKRA or whatever you can call it, but they will make sure it will not work as evils thrive best in the dark.
As good citizens we have to speak up against the evil deeds of UMNO who has nothing much to offer except make the races go against each others. They can even create an evil off shoot call PERKASA as camouflage to gain Malay votes and 1 Malaysia to gain non Malay votes.
We need more good Malaysians to lend their voices to defeat this evil and if you are a good Malaysian always remember the maxim of Edmund Burke’s “ All that is necessary for evil to triumph is that good men do nothing and say nothing”
This article itself stinks of propaganda. Enough with bombastic words wielded to condemn Umno, Umno and Umno. Don’t sully Uncle Lim’s blog with your mindless rambling.
What are the contradictions? What’s the injustice?
Didn’t the dirty “power grab” steal the majority from PKR? Hence the sultan dismissed the state government? If there’s injustice, spell it out!
There’s only one example of the failure of judiciary. Do your analysis and present to us Joe Public!
The situation is becoming more and more explosive. Subversive activities to undermine the administration cannot be avoided. When people are not happy, they will resort to all kinds of ways to retaliate and to topple the ruling governmnet … ‘PEOPLE POWER’.
The judiciary is instrumental in installing an illegitimate state government. We must never forget the Perak matter and tell the rakyat that the BN masters of illusion is destroying the country despite their claims that the econommy is doing well.
These five learned court legal jokers
Are just lap-dogs of the ruling lawmakers
Who themselves are the lawbreakers
Next GE kick out these law mockers
What happened between Al Gore & G.W.Bush was about the people’s votes in the ballot boxes.
Nizar was ousted by Zambry (with his signature moronic ‘Colgate smile’), and it was done undemocratically without the people’s vote through ballot box.
Via the court,through five biased judges,Umno/Bn now rules the Perak state.So Selangor,Penang and Kedah,you guys better watch out cause Umno/Bn “choi sin ya” is coming to town.
What do rakyat expect from the 5 clowns. Justice? My foot!!!!!!!! We know the outcome before they can open their stinking mouths.
However, we believe it is a blessing in disguise for our Perakians. That fat mamak “zombie” will just do anything to hold on to power. We rakyat will enjoy whatever comes along.
But, come GE13, we will kick the BN out esp that fat mamak “zombie
Also, dont forget that 3 unethical froggies esp that ugly fat ass FROG hemophrodite from Jelapang.
My wish for this Chinese New year is that the coming 13th General Election in Malaysia will see the dawn of a Malaysia which will above all value impartiality, open mindedness and justice to this nation; Let it be the beginning of a government which champion the cause of every citizen who are to be treated with dignity and respect. Let it be the a victory of a people who do not judge another based on his racial, religious or region affliation. It will not tolerate nepotism, blind zealotries and bullies who intimidate others for their own selfish cause and even get away with murder.
Opportunity in placement at institution of higher learning
I would like to see that the placement into colleges and universities are based on merits. That the choice of subjects and courses are also not depends on quota but on the result of the students obtained from their qualifying examination.
Available vacancies in the various post in Sarawak be given to eligible applicants from Sarawak
The schools in the interior of Sarawak are now flooded with teachers who are from other parts of Malaysia while a lot of qualified Sarawakians are jobless.
A national religion yes but respect all others
I wish for a government which is not directly involved with promoting any particular religion.
While Malaysia has a national religion the government should not be directly involved in promoting any particular religion by its policies and biasness. The government should respect all religion without showing any favor.
Acceptance to job opening based on merits
I want to see the new government who is in Putrajaya after the 13th General Election to be one who accept applicants to job openings in the different departments and ministries to be one who accept applicants based on their capabilities and achievement rather than on racial or religious ground.
Promotion in the Government service to be based on merits
I want to see that the head and directors of government departments to be capable individuals who deserve their positions not because of any other reasons. They must be proficient in leaders and honest workers.
Issue of land grants for the owners Native Lands in the interior of Sarawak
The State Government in Sarawak to repeal all the unjust laws on land enacted by existing government. The new government must recognize the rights of the native of Sarawak as provided by the native ADAT which was also recognized by the colonial government and the Rajas.
Infrastructure availability and improvement in the whole of Sarawak
The new government of Sarawak and the Federal Government has to speed up the phase of development of the infrastructure for the whole of Sabah and Sarawak as a whole but especially to in the rural areas; which is about 30 years behind those in West Malaysia.