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Tian Chua’s status as MP

Tweets:

Arr in Labuan w @tonypua 4DAP Labuan dinner/crmh @tianchua disqualified by RM2k fine but he has 14 days 2appeal under Art 48 of Constitution
06/18/2010 01:39 PM

Position pertaining 2 @tianchua’s parliamentary position is laid down in Art 48(4)(4) of Msian Constitution
06/18/2010 01:49 PM

As I read Art 48 Constitution it makes no difference whether fine paid or not, so long as appeal is exercised within 14 days RT @PuteraPedang @tonypua @tianchua TC didn’t bother to appeal. He already paid the penalty in full.
06/18/2010 03:26 PM
Continue reading “Tian Chua’s status as MP”

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Is Musa currying favour with the Prime Minister hoping to override Hishammuddin and get another year’s extension as IGP?

The Inspector-General Tan Sri Musa Hassan has acted with unusual alacrity when he announced in less than 24 hours that the police will investigate claims made by the independent Kulim-Bandar Baharu MP Zulkifli Noordin in Parliament on Wednesday that he was asked to implicate the Prime Minister Datuk Seri Najib Tun Razak and his wife Datin Seri Rosmah Mansor in the murder of Mongolian Altantuya Shaariibu.

This is in complete contrast with the foot-dragging and procrastination that top police leadership would indulge in when police reports are lodged against prominent government leaders from Umno and Barisan Nasional.

What is especially extraordinary with Musa’s high-speed response is that no police report had yet been lodged over Zulkifli’s allegation – a pre-condition always insisted on by the police before there could be any police investigation.

As MPs enjoy parliamentary privilege, they have immunity for what they say in Parliament, which bars not only prosecution but also being subject to police investigations for their parliamentary speeches – unless this is waived by the MP concerned or the MP repeated his allegation outside the precincts of Parliament as lodging a police report.
Continue reading “Is Musa currying favour with the Prime Minister hoping to override Hishammuddin and get another year’s extension as IGP?”

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Once Perlis Speaker has confirmed receipt of Titi Tinggi Assemblyman Yip Sun Onn’s resignation, it cannot be retracted or it could be challenged in a court of law

It’s a political bombshell – the resignation of Titi Tinggi Assemblyman from Perlis, Yip Sun Onn after he was removed from the state executive council and replaced with Indera Kayangan assemblyman Dr. Por Choo Chor last Friday because of MCA’s “Three Kingdom” factional infighting.

But it is also a legal bombshell – for once Perlis Speaker, Yazid Mat has confirmed receipt of Yip’s letter of resignation (which he has done to more than one media), Yip’s letter of resignation cannot be retracted or it could be challenged in a court of law.

Various parties, including the Speaker, the Perlis Mentri Besar Datuk Seri Mohd Isa Sabu and the Perlis MCA Chief Datin Paduka Chew Mei Fun, are trying to persuade Yip to reconsider his resignation – as reported by various printed and online media.

But this is too late. Once Yip’s resignation letter had been received by the Speaker, it cannot be retracted and if Yip tries to do so, his status as State Assemblyman could be challenged in a court of law, as Yip would be an unlawful State Assemblyman from the date of his resignation and the Speaker would be acting unlawfully in allowing the resignation letter to be retracted.
Continue reading “Once Perlis Speaker has confirmed receipt of Titi Tinggi Assemblyman Yip Sun Onn’s resignation, it cannot be retracted or it could be challenged in a court of law”

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Five myopic judges in Federal Court

By NH Chan

On Feb 9, the five-member Federal Court panel handed down a unanimous decision on Nizar Jamaluddin versus Zambry Abd Kadir. The judgment of the court was read by Chief Judge of Malaya Arifin Zakaria.

The judgment is 40-pages long and if you have the stamina to persevere to the end of the judgment you would have realised that these judges of the highest court in the land have, under the pretext of interpretation, decided that the Perak sultan has the power to dismiss the incumbent Menteri Besar Nizar when the Laws of the Constitution of Perak does not confer any executive power on the sultan for so doing.

If the sultan has no power to dismiss Nizar then, we should ask, how could the Federal Court commit such a devastating error to their reputation as judges of the highest court in the land?

That is why the ability to pick out the one real point that matters is so important. That is why young advocates learnt how to spot it very early in their career if they are not to bore the judge, whom they are addressing, to tears.
Continue reading “Five myopic judges in Federal Court”

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Justice is done in by the Federal Court

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.
  Continue reading “Justice is done in by the Federal Court”

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The DAP Ipoh Resolution

The DAP Ipoh Resolution:
MUAFAKAT TRANSFORMASI MALAYSIA
(adopted by the DAP National Conference 2010 in Ipoh on Sunday, 17th January 2010)

PREAMBLE

  1. That the nation is waiting for a profound change is beyond doubt and that it is now a fact that the government-of-the-day is incapable of changing the intolerably arbitrary, self-serving, unjust, cruel and corrupt system of governance;

  2. That the world does not stand still to wait for Malaysia, and we risk watching Asia changing and its economy growing not as an active participant but as bystander if we do not catch up fast;

  3. That to save Malaysian governance from further deterioration, the economy from further plunder, and the people from further injustices is a shared imperative;

  4. That the Democratic Action Party (DAP) therefore, in partnership with other Pakatan Rakyat parties and in cooperation with civil society, is determined to transform Malaysia through a new muafakat (consensus)

    • by reversing distortions and corruptions of the Constitution, the rule of law and the system of governance,
    • by restoring mutual respect amongst Malaysia’s multiethnic, multicultural and multi-religious peoples,
    • by renewing trust in public institutions and in the security services,
    • by rejuvenating the economy
    • by conserving the environment,
    • by revamping the education system, and
    • by re-establishing hope in our future as a nation;

    5. Continue reading “The DAP Ipoh Resolution”

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Court rules Herald free to use the word “Allah”

By Lisa Goh
The Star
31.12.09

KUALA LUMPUR: The Catholic weekly Herald is now free to use the word “Allah” in its publication after the High Court quashed the Home Minister’s prohibition against it using the word, declaring the order as “illegal, null and void.”

In her decision, Justice Lau Bee Lan also declared that under Article 3(1) of the Federal Constitution, applicant Titular Roman Catholic Archbishop Tan Sri Murphy Pakiam had the constitutional right to use “Allah” in Herald in the exercise of his right that religions other than Islam might be practised in peace and harmony in the country.

She further ruled that the Constitution, which states Islam as the country’s religion, did not empower the minister to make such a prohibition.

“In pursuant to Article 10, the applicant also has the right to use the word ‘Allah’ in the Herald in the exercise of his right to freedom of speech and expression.” she said in her oral judgment Thursday to a packed courtroom.

Justice Lau ruled as grounds for her judgement that both the respondents – the minister and the Malaysian government – had failed throughout the trial to prove how the use of the word “Allah” could threaten national security. Continue reading “Court rules Herald free to use the word “Allah””

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Part 2 – Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry v Nizar: Postscript – Zainun Ali JCA’s judgment

By NH Chan

Postscript

On Tuesday, July 7 2009 I posted an article under the above title on the web with various news portals. At that time I only have the written judgments of two of the judges Raus Sharif and Ahmad Maarop JJCA. I have just received the third judgment that of Zainun Ali JCA from Mr. Edmund Bon of loyarburok.com through Mr. Ngan Siong Hing of Ipoh for which I am most grateful. Below is my critique of the written judgment of Zainun Ali JCA.

The points that really matter

As I have said it before in the first part of this article, there are only two points that really matter in the appeal of the case in question. They involve the reading of two clauses in Article 16 of the Perak Constitution and an understanding of what the clauses mean. A very experienced judge, the late Lord Justice Salmon in a talk which he gave to young members of the English Bar (Some Thoughts on the Traditions of the English Bar) said:

…..remember this, in few cases, however complex, is there usually more than one point that matters. Very seldom are there more than two and never, well hardly ever, more than three. Discover the points that really matter. Stick to them and discard the rest.

Actually, Salmon U was revealing to budding advocates the mind of a judge. The young advocates are informed, before they embark on their career, that a judge makes his decision by discovering the point that really matters or, exceptionally, the points that really matter. This revelation should place aspiring advocates on the right direction to becoming good advocates.

Continue reading “Part 2 – Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry v Nizar: Postscript – Zainun Ali JCA’s judgment”

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5-minute finding (not judgment) of Ct of Appeal shot-gun session declaring Zambry lawful Perak MB – hydra-headed monster claims another victim

The hydra-headed monster of the Perak crisis has claimed another victim with the 5-minute finding (and not judgment) of Court of Appeal shot-gun session declaring Zambry lawful Perak Mentri Besar.

All who packed into the Court of Appeal in the Palace of Justice in Putrajaya to hear its judgment in the Nizar vs Zambry appeal could not believe that the whole shot-gun session was over in five minutes of delivery, not of a judgment, but findings of the Court of Appeal.

There was no reasoned grounds of judgment but mere findings of the Court of Appeal in an unanimous decision, i.e. 3 – 0.

As Professor Shad Faruqui had presciently written in his weekly newspaper column, the Perak crisis has become “a hydra-headed monster that cannot be eliminated by ding-dong judicial decisions”, and today, the hydra-headed monster has claimed another victim with the five-minute finding (not judgment) of the Court of Appeal shot-gun session declaring Datuk Zambry Abdul Kadir as the lawful Perak Mentri Besar.
Continue reading “5-minute finding (not judgment) of Ct of Appeal shot-gun session declaring Zambry lawful Perak MB – hydra-headed monster claims another victim”

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Perak has no one who can legitimately occupy the MB’s office

The incipient hope of start of restoration of public confidence in the independence of the judiciary sparked by the courageous and landmark judgment by Justice Abdul Aziz Abdul Rahim in the Nizar vs Zambry case was cruelly crushed in less than 24 hours.

The Court of Appeal’s super-fastracking of the appeal by the usurper and illegitimate Perak Mentri Besar Datuk Zambry Abdul Kadir for a stay of the declaration by Justice Abdul Aziz, with the stay granted by a single judge, has created a firestorm of outrage and disillusionment that justice and fair play can be expected from the present judiciary.

This is one email which I received immediately after the extraordinary speed with which Zambry’s application for stay was granted by the Court of Appeal through a single judge:

“I only wish that the courts act like this in all cases, super fast and super efficient. I am intrigued why in some case, it takes months or even years, when, in the above situation and case, it only took several hours for a panel to be set up.

“Why the double standards?

“The man who steals a loaf of bread has to rot in jail for months before his case is even heard. The rationale behind this and the usual excuse is that there is backlog of cases.”

Continue reading “Perak has no one who can legitimately occupy the MB’s office”

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Hishammuddin – revoke all the ISA conditions imposed on Manoharan and 4 Hindraf leaders

Home Minister Hishammuddin Hussein should revoke all the conditions imposed on DAP Selangor State Assemblyman Kota Alam Shah and the other four Hindraf leaders, P. Uthayakumar, K. Vasanthakumar, Ganapathi Rao and R. Kenghadharan as Hishammuddin said yesterday that they were no more a threat to the country.

Hishammuddin said the government had tried to be fair by releasing them as they were no more a threat to the country, and that they should be fair in their actions in future.

If Manoharan, Uthayakumar, Vasanthakumar, Ganapathi Rao and Kenghadharan are “no more a threat to the country” in the eyes of the Home Minister, then why have restrictive, unjust, undemocratic and draconian conditions been imposed on the five, disenfranchising them as free and equal Malaysian citizens in barring them from speaking freely in public, taking part in political and NGO activities, and restricting both space and time as barring them from leaving their restricted locality, to be at home every night and requiring them to report regularly to the police?

The two cousins, the Prime Minister, Datuk Seri Najib Razak and Hishammuddin should realise that they are nullifying all positive benefits to the government with the release of the five Hindraf leaders with such unacceptable conditions.
Continue reading “Hishammuddin – revoke all the ISA conditions imposed on Manoharan and 4 Hindraf leaders”

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My first twittering day

This is the twitter updates from KL High Court in Nizar vs Zambry case. From 3 – 4pm

# great judgment nizar will seek audience with sultan for dissolution

# judge rejects stay appln

# zambry counsel applying for stay of declaration

# judge declares nizar lawful mb

# judge – mb can only be dismissed by no confidence motion in assembly

# judge – assembly never had no confidence motion, material

# judge – mb can request dissolution without having lost majoritya

# judge upholds stephen ningkan judgment

# judge rejects ag’s ‘deeming’ argument – no ambiguity in constitution

# judge says perak constitution does not contemplate mb dismissal by sultan

# judge says once mb appointed by sultan, mb is answerable to assembly

# kl high court judge delivering judgment so far so good keep fingers crossed

# Will try to tweet the High Court decision later using my handphone. (1pm)

5.30 pm – Deborah Loh of TheNutGraph has given the following report of the historic High Court judgment by Justice Datuk Abdul Aziz Abdul Rahim: – Continue reading “My first twittering day”

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Najib’s “open mind” to resolve Perak constitutional/political crisis with PR leaders “refreshing”

At a media conference in Alor Setar on Saturday, I said that the time had come for the Prime Minister, Datuk Seri Najib Razak to meet with Pakatan Rakyat leaders to resolve the three-month-long Perak constitutional and political impasse so that Malaysians in Perak and the country can focus single-mindedly on tiding the nation through the world’s worst economic crisis in a century.

This had become imperative after the May 7 Day of Infamy which brought unprecedented international shame to Malaysia as a modern and developed country not only by the trampling of human rights and the rule of law in the gross abuse of police powers in the completely unjustifiable lock-down of Ipoh but also in the flagrant violation of the doctrine of separation of powers highlighted by the photographs and video clips flashed around the world of the Perak Speaker, V. Sivakumar in Speaker robes and in Speaker Chair being bodily dragged out of the Legislative Assembly.

The image that the May 7 Day of Infamy projected to the world is that Perak and Malaysia are degenerating into failed states like Zimbabwe, Somalia and Congo in Africa rather than a nation aspiring to first-world developed-nation status.

This was why my first reaction to the scandalous spectacle not only of two Mentris Besar but also two Speakers and two Assemblies in Perak, and the physical removal of the Speaker – the most shameful episode in the history of parliamentary democracy, not only in Perak, Malaysia but also the world – was to point out that the biggest casualty of all was Najib’s “1Malaysia” slogan, which had been “shredded into smithereens” by the May 7 Day of Infamy.
Continue reading “Najib’s “open mind” to resolve Perak constitutional/political crisis with PR leaders “refreshing””

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The Lesson From Perak

by M. Bakri Musa

The current political paralysis in Perak reflects the major failures of our key institutions. It is a total breakdown at the palace, the legislature, and the permanent establishment. It also exposes the glaring inadequacies of the judicial system which has yet to adjudicate this critical and urgent matter of state.

It is not however, the failure of the people, as some pundits have implied by quoting the old adage that we deserve the government we get. It is the voters’ prerogative whether to grant the incumbent party a stunning victory, humble it with an unstable slim majority, or even throw it into the ranks of the opposition. Canada and Italy have a long history of minority governments, and they have managed well.

A mark of a mature democracy, or any system for that matter, is the transfer of power from one entity to another smoothly and predictably. Perak is a spectacular failure; it is also a preview for Malaysia. Continue reading “The Lesson From Perak”

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Hold fresh elections to end the Perak constitutional impasse

by Dr. Chen Man Hin

Prime Minister Najib Razak was reported in the press to have cautioned elected Perak state representatives to follow the rule of jaw, as the pandemonium on Thursday 7th May and that unruly behaviour of elected leaders followed the law of the jungle instead of the rule of law.

Well said, except that the party that begun the law of the jungle was none other than UMNO, the party of the Prime Minister because he master-minded and executed the take-over of the Perak state government by using unconstitutional means. Continue reading “Hold fresh elections to end the Perak constitutional impasse”

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May 7 is the Day of Infamy for Perak and Malaysia (with videos)

May 7 is the Day of Infamy for Perak and Malaysia.

The Barisan Nasional used the law of the jungle to completely undermine parliamentary democracy, the rule of law and the doctrine of separation of powers to add another ignominious chapter to the unethical, undemocratic, illegal and unconstitutional power grab in Perak on Feb. 5, 2009, foisting on the people of Perak two Perak Assembly Speakers and even two Assemblies, as if the three-month-long constitutional crisis of two Mentris Besar is not outrageous enough.

Never before in the 52 year history of the nation has there been a more shameful episode as what happened yesterday.

The sight of the legitimate and lawful Perak Speaker, V. Sivakumar physically dragged out of the Perak State Assembly still in his Speaker seat stands as an indictment of the Prime Minister, Datuk Seri Najib Razak who orchestrated the Perak “coup d’etat”, the usurper and illegitimate Perak Mentri Besar Datuk Zambry Abdul Kadir and now usurper and unlawful Perak Speaker, Datuk R. Ganesan.

These three should hold their heads in shame for bringing Perak and Malaysia to such a disgraceful depth. As a result of the Day of Infamy, the credibility, integrity and legitimacy have plunged to an even lower ebb.
Continue reading “May 7 is the Day of Infamy for Perak and Malaysia (with videos)”

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Najib must clear his own mess

By Tunku Aziz

MAY 7 – I never for a moment thought I should live to see the day when a traditional hereditary ruler of a Malay State has taken such a rapid slide in his people’s estimation, approbation and adulation as has the Sultan Azlan Shah of Perak. It took one unfortunate, ill-conceived and ill-considered decision over a petition by the Pakatan Rakyat Mentri Besar Datuk Nizar Jamaluddin, to dissolve the Perak State Assembly that has turned Perak into a politically difficult and dangerous situation.

His Highness Sultan Azlan Shah is no ordinary ruler. As a former Lord President and head of the Malaysian judiciary, he ascended the throne of Perak as someone well-qualified by education and training for what, for all practical purposes, is a largely ceremonial sinecure. Be that as it may, the position carries a heavy constitutional responsibility.

It has become quite apparent that while his legal knowledge may be assumed to be extensive, his training more than adequate, his wisdom in dealing with a delicate and important political matter of public concern, on reflection, has in my humble opinion, turned out to be questionable. A great deficiency in a ruler who showed so much early promise of being a wise, liberal minded and benevolent leader.
Continue reading “Najib must clear his own mess”

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Najib’s 1Malaysia shredded into smithereens – disgraceful police lockdown of Ipoh and scandalous spectacle of 2 Speakers, 2 Assemblies

Flash – So far 64 people (including 4 MPs and 5 SAs from Pakatan Rakyat) arrested by police in the Ipoh lock-down!

The Prime Minister Datuk Seri Najib Razak’s 1Malaysia has been shredded into smithereens by the disgraceful police lockdown of Ipoh and the scandalous spectacle of two Speakers and two Assemblies – as if the constitutional scandal of two Mentris Besar is not bad enough for Perak and Malaysia!

It is unlikely that Najib will be able to live down the political baggage of having orchestrated the three-month Perak constitutional and political crisis and stalemate spawning two Mentris Besar, two Speakers, two Assemblies together with three renegade State Assembly members and a renegade State Assembly clerk unless he is prepared to act boldly to admit his colossal error and misjudgement and agree to the dissolution of the Perak State Assembly for the holding of Perak state-wide general election to return the mandate to Perakians.

For the sake of an unethical, undemocratic, illegal and unconstitutional power grab, Najib has brought important institutions of the country into greater disrepute, whether the police, the MACC, the judiciary and seriously impaired the vital doctrine of separation of powers.

Perakians, Malaysians and the world today witness another unethical, undemocratic, illegal and unconstitutional power grab – the office and powers of the Speaker when the Perak State Assembly has not officially met. Continue reading “Najib’s 1Malaysia shredded into smithereens – disgraceful police lockdown of Ipoh and scandalous spectacle of 2 Speakers, 2 Assemblies”

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Appeal to Perak Sultan to dissolve Perak State Assembly to end the three-month constitutional and political stalemate in Perak

“No authority to fire. Counsel: Sultan can appoint MB but can’t remove him.”

This is the headline of the Star report today on the historic case between the lawful and legitimate Perak Mentri Besar Datuk Seri Mohamad Nizar Jamaluddin and the usurper and illegitimate Mentri Besar Datuk Zambry Abdul Kadir.

The headline came from the submission of Nizar’s lead counsel Sulaiman Abdullah who submitted that while the Sultan was conferred the power to appoint a mentri besar, he did not have the same power to remove a sitting mentri besar.

Sulaiman said: “It is well and good in appointing, that is entirely up to the Sultan but getting rid of the mentri besar is no longer the Ruler’s function – it is now up to the state council. That can only be done through a vote of no confidence in the House.”

This position, which has always been the stand of the DAP and Pakatan Rakyat, has been fortified by none other than former Prime Minister Tun Dr. Mahathir at his keynote address on The Role of the Executive, Legislative, Judiciary and Constitutional Monarchy at the ninth Perdana Discourse Series today.

The various media headlines could not be clearer, viz: “Dr. M: Sultan has no power to remove MB” (Malaysiakini), “Dr M: MBs can only be removed through confidence vote” (Malaysian Insider), “Dr M: Ruler cannot remove head of govt” (Star online).
Continue reading “Appeal to Perak Sultan to dissolve Perak State Assembly to end the three-month constitutional and political stalemate in Perak”