MB Nizar tries to enter the gate to the state government complex before being allowed in. Photos by Annuar Ismail
MB Nizar addressing a packed and dramatic press conference in the state government complex this morning
Friday, 6 February 2009
LIVE: Perak’s political crisis continues
Anwar says Pakatan not going against the palace
by Adib Zalkapli (The Malaysian Insider)
IPOH, Feb 5 — Opposition Leader Datuk Seri Anwar Ibrahim said the Perak Menteri Besar’s refusal to resign despite the request by Sultan Azlan Shah did not mean Pakatan Rakyat was on a collision course with the Perak palace.
“Considering the spirit of constitutional monarchy and Parliamentary democracy, this takover if allowed will be a disaster to the democratic system,” Anwar told reporters after a meeting with PR leaders.
He added that only a dissolution of the state assembly and a state-wide election would solve the problem.
On the order by the state secretariat for the leaders to vacate the building, Anwar described the action as abnormal.
“The MB has not resigned, has not been dismissed. It is abnormal under the so-called democratic system,” he added.
DAP’s Lim Kit Siang described the takeover attempt by BN as a coup led by Datuk Seri Najib Razak.
“A month before Najib becomes the sixth Prime Minister, but today he has launched a coup de etat,” said Lim adding that Datuk Seri Nizar Jamaluddin was still the Menteri Besar.
“The PR government is still legitimate. This takeover is illegal and unconstitutional,” said the Ipoh Timor MP.
Earlier today Nizar was ordered to resign by the ruler as he was deemed to have lost the support of the majority of the state’s lawmakers.
The government has however refused to step down saying that BN has no majority in the assembly, claiming that the three independents who back the coalition have resigned as legislators.
“The MB has not resigned, has not been dismissed. It is abnormal under the so-called democratic system,” he added.
DAP’s Lim Kit Siang described the takeover attempt by BN as a coup led by Datuk Seri Najib Razak.
“A month before Najib becomes the sixth Prime Minister, but today he has launched a coup de etat,” said Lim adding that Datuk Seri Nizar Jamaluddin was still the Menteri Besar.
“The PR government is still legitimate. This takeover is illegal and unconstitutional,” said the Ipoh Timor MP.
Earlier today Nizar was ordered to resign by the ruler as he was deemed to have lost the support of the majority of the state’s lawmakers.
The government has however refused to step down saying that BN has no majority in the assembly, claiming that the three independents who back the coalition have resigned as legislators.
LOMPAT LAGI
1. Sandiwara di Perak masih menggelikan hati. Ada lompat keluar kandang, ada lompat masuk kandang.
2. Duli Yang Maha Mulia Sultan sudah bertitah.
3. Tetapi Menteri Besar Pakatan tidak hendak berhenti jadi MB. Pejabatnya sudah dikosongkan oleh Polis.
5. Pakatan boleh adakan Kerajaan minoriti. Demokrasi mengizinkan.
6. Tetapi kerajaan minoriti lemah. Dia boleh ditumbang dengan undi tidak percaya oleh majoriti ahli Dewan Undangan Negeri, kalau Dewan bersidang. Mungkin Pakatan tak mahu ada persidangan.
7. Siapakah yang berhak mengadakan persidangan? Bolehkah puak majoriti paksa Kerajaan minoriti adakan persidangan khas untuk undi tak percaya?
8. Jika tidak dapat paksa Kerajaan minoriti mengadakan persidangan mereka boleh ambil bermacam-macam tindakan untuk merosakkan negeri Perak. Apakah yang boleh dibuat kepada kerajaan minoriti jika ia kekalkan dirinya dan terus merosakkan negeri? Keadaan seperti ini masih kelabu; tak ada peruntukan undang-undang setakat yang saya tahu.
9. Mungkin pegawai tidak akan patuh kepada kerajaan minoriti ini. Tetapi pegawai profesional perlu akur akan perintah Kerajaan yang halal.
10. Kita hanya boleh pandang dan lihat sandiwara yang sedang berterusan. Anwar akan dapat banyak pengajaran daripada sandiwara ini kerana dialah yang beria-ia sangat untuk ada lompat katak yang terbesar pada September 16. Oh! Silap, September 24. Oh! Silap lagi.
11. Amat menggelikan hati mendengar telatah Anwar berkenaan Nasarudin Hashim (ADUN Bota) masuk PKR dan keluar daripada PKR.
12. Lompat masuk (perangkap) boleh tapi lompat keluar tak sah!! He, he, he!
Mohd Nizar shooed away from office
(Malaysiakini) Perak Menteri Besar Mohd Nizar Jamaluddin today clocked in to work as usual at 10am, along with his exco members, but 45 minutes later they were out of the state secretariat building.
Mohd Nizar refused to hold a meeting with Abdul Rahman and left with his convoy to his official residence where he is expected to hold a press conference later.
Below is the chain of events as it happened this morning beginning with the latest entries:
12.40pm: Perak state assembly speaker V Sivakumar said he will be sending a letter to Sultan Azlan Shah seeking consent for a special state assembly sitting.
The sitting is to determine who actually controls the assembly.
He also said that he will be urging the sultan to postpone the swearing-in ceremony of Zambry Abd Kadir as the BN menteri besar today at 3.30pm.
The letter will be sent as soon as possible, he said. The brief press conference was held at DAP headquarters in Ipoh.
11am: The police closed the road in front of the menteri besar's official residence until 7pm to prevent illegal gatherings.
10:45am: Perak CPO Zulkifli Abdullah said the police have secured the state secretariat building upon a request by the state secretary.
10.20am: MB Nizar and his group move to Perak DAP head Ngeh Koo Ham's office, located in another part of the state secretariat building.
They then continued their press conference but once again it was interrupted by Abdul Rahman.
The state secretary then asked Mohd Nizar for a meeting to which the latter disagreed.
Reporters are escorted out of the state secretariat building.
"I will go about (with my job as MB) as usual. I have to meet some consultants and investors later. However I will have to tell them that we have to reschedule our appointments," said Mohd Nizar.
Abdul Rahman rudely told reporters to leave the room.
Senior exco member Ngeh Koo Ham was overheard telling the police chief to follow proper procedure. "We can hand over properly," he said.
9.40am: Mohd Nizar, in a green baju Melayu, and convoy arrive at the state secretariat building. The gates are closed but after a brief standoff with the security, the MB and his exco members are allowed in.
Mohd Nizar goes straight to his office and finds it bare.
"It was just as empty and bare as when I first took charge last March," he said.
9.30am: Pakatan state exco members gather at MB Mohd Nizar's official residence.
The Truth About Us
The Kugan episode, has brought me to finally and disgustedly admit that there are many racist Malaysian around. When I posted about Kugan, I never think of him as an Indian. I blog about Kugan because he too is human like us.
Those politician I knew who visited Kugan’s family and walk with them during the procession also did it because of nothing else but wanted to lend their support to the family of the deceased during the worst time in their life and also too put pressure to the authority so the investigation will be carried out without fear or favour.
Kugan has never been properly or shall I say formally charged for any criminal charges except by some groups of Malays within the blogosphere and political cricle.
Like Mahathir Mohamed the great Man of Malaysia, I too have in me a spoon or two of Indian blood. My mum, had maybe a pint of Siamese blood. Beyond that, who knows what more runs through our vein. The same thing happens to many who proudly call themselves Malay.
While I am glad to be classified as Malay, my roots through my father can only be traced up to two generation above me. Where else I knew many of my Chinese and Indian buddies had their roots traced in Malaysia furthermore than mine.
If you look at some of the prominent trash within UMNO today, without doubt you can say, they were not Malay at all.
Why we keep going back along the racial line? Didn’t God teaches us that no one race is superior than the other. Why bother about all this race factor when we knew that only God is the greatest and while He possessed the ultimate superiority unimaginable to human, yet He chooses to be colour blind. Why can’t we, the less complicated ‘item’ in the universe choose to become one as well?-kickdefella.wordpress.com
An Open Letter to the Sultan: A plea to defend the voice of the people
by Nathaniel Tan
I’m not sure I’m allowed to write letters to a Sultan. *If* I were, this is what I would write:
Your Royal Highness,
Please forgive me if this letter is not written in the proper protocol or using the right terms; I apologise sincerely for any impropriety.
Your Royal Highness,
I am writing with regards to the current political situation. I cannot help but feel that the crisis faced affects every Malaysian at a deeply profound level, including myself in Kuala Lumpur.
I cannot claim to be purely non-partisan in this matter, but hope to engage Your Royal Highness from a perspective that is not politically partisan. I am willing to let my objectivity be judged via the words that follow.
At the very heart of the decision facing Your Royal Highness regarding the Menteri Besar’s request for a dissolution of the state assembly are questions of the health of democracy in Malaysia, an opportunity to better Malaysia’s political culture, and a defining moment for the institution of the royalty.
Your Royal Highness,
Uncertainty appears to dominate politics today. In the last election, eighteen seats were decided with a majority of less than 1,000 votes.
The sudden change in allegiances – in one case in both directions within the space of a week – speak of an unhealthy and confusing culture of expediency. The nature and circumstances under which these defections and redefections appear to be occurring speak not of ideological shifts, but leave space for the man on the street to suspect more sinister and foreboding motives, as well as prevailing suspicions of inducements.
One may be hard pressed to consider a government built amidst such suspicions and aspersions stable and possessed of a convincing mandate to rule.
The Constitution defended for generations by our forebears wisely does not ask Your Royal Highness to choose sides or to decide for the people. Rather, it entrusts rulers such as Your Royal Highness with the task of arbitrating fairly between contending parties, and to safeguard above all the people’s sacrosanct right to choose their own government.
While elections are no small affair and involve considerable expenditure of resources, they also are the determinant of how the resources of the state will be spent for the next five years. Elections and politics, whatever our personal feelings, speak to and affect every aspect of our lives. Without a democratically elected government that convincingly commands the confidence of the rakyat, the sea of aspersions casts, doubts and second guessing can render a government inoperable and cripple its ability to serve the people responsibly.
Should a precedent be set wherein political confusion and murkiness of such unnerving degrees do not necessitate the dissolution of an elected assembly and consultation of the people via fresh elections, state governments throughout the Federation, as well as the Federation itself, will be under constant threat of being hijacked by parties that may attempt to rule without ever justly procuring a proper electoral mandate from the people.
Any party that intends to rule should in every conceivable circumstance demonstrate its ability to win the confidence of the electorate as a single political unit, not as a small collection of individuals who are able to persuade and engineer crossovers using absolutely non-transparent means. While it may be justifiable to demonstrate a loss of confidence in a government via crossovers, achieving the higher mandate to form a new government should always and in all circumstances require the approval, via votes, of the electorate.
If we do not defend this principle, I fear we will fail to defend the very meaning of democracy and its practice on our shores.
Your Royal Highness,
For fifty years, Malaysia has suffered as a non-mature democracy, where political choice was painfully limited and a spectrum of choice reflecting the large ideological variety that forms the Malaysian electorate painfully absent.
In the last few years, Malaysia has taken small but bold steps to maturing into a two-party system – the most rudimentary requirement for a competitive and non-monopolised political system.
The recent emergence of a viable political alternative that has demonstrated a clear ability to provide credible political choices may have been one of the most important milestones in our aspirations to become a developed nation.
As the law does not allow elected representatives to resign their seat and re-contest under a different banner, a complete dissolution is one of the few ways to determine whether a representative’s realignment of political affiliation truly reflects the will of his or her constituents.
We owe at least that much to said constituents – an opportunity to let their voice be heard, no matter how small, poor or suppressed.
The results of a free, fair, transparent and properly conducted election should never be questioned or challenged. Refusing citizens to the ability to make or clarify their choices under such controversial circumstances may send any number of wrong signals.
Without casting any specific aspersions on the cases at hand yet, the precedent that a refusal to dissolve the assembly may amount to encouragement of parties on both sides of the divide to pursue defections at any fiscal or moral cost; it may even be taken by some as reason enough to threaten and otherwise compel in unsavoury manners elected representatives to switch allegiances.
Malaysia’s political culture stands at a defining moment, and Your Royal Highness is in a unique position to determine its course.
Your Royal Highness,
The institution of the royalty has long been highly regarded and played a pivotal, positive role in our nation’s development.
Your Royal Highness and the royal family have built particularly impressive reputations for being fair, just and enlightened.
We would want nothing more than to see the reputation of Your Royal Highness and Your Royal Highness’ family be kept intact and further lauded for being as people-centric as can possibly be imagined.
While being of limited faculty, I have yet to imagine a scenario where giving citizens the ability to once again state exactly what their political preferences are could possibly reflect negatively on Your Royal Highness.
A change of government without such formal consultation with the people may on the other hand beg the question of why such a path was chosen when the other was available and requested for.
The institution of the royalty is entrusted to protect one of the most sacred rights bestowed upon free men and women – the ability to choose their leaders. The concept of a constitutional monarchy was centered on situations precisely akin to the one currently facing us: a situation wherein the ruler can be relied upon to safeguard the tenets of democracy by choosing the path most likely to ensure that the resulting government accurately reflects the choice of the majority.
The citizens of your great state will indubitably be looking to Your Royal Highness’ reputation as a paragon of integrity and as a learned judge to make a decision that is not only legally consistent, but morally sound and compassionately considered. To act wisely at this juncture is to once again prove the worth of the constitutional monarch system and set an example that will be its honour for generations to come.
Your Royal Highness,
I love Malaysia deeply, and want nothing more than to see her prosper and mature into a democracy where the people’s welfare and will continue to be unquestionably paramount; where the most important decisions of the land are made via open consultations and votes, rather than in closed backrooms and under extremely questionable circumstances.
Moving deeper into the 21st century, we can only hope that Malaysia’s political development will grow to be free from money politics and shady deals, so that we do not find ourselves in the now proverbial ‘wrong side of history.’
I thank Your Royal Highness profusely for the kind consideration you have shown, and the wisdom you will undoubtedly display in this crucial decision that lies in your hands. All of Malaysia is watching, and hoping that in the face of attempts to sabotage the democratic process and create power from a source other than that of the people, principle and integrity will prevail.
Yours sincerely,
Nathaniel Tan
SULTAN OF PERAK 'FAIL IN HIS DUTY' TO HIS RAKYAT
The Sultan of Perak had failed in his duty to protect its rakyat by allowing the 'dubious' tactics used by the Barisan Nasional leaders to wrest control of the State government.Although only with a slim majority, the Sultan had demanded the resignation of the current Pakatan Rakyat Mentri Besar and his Executive Councillors, paving the easy way for UMNO-led Barisan Nasional government to take over.
The Sultan is fully aware that the rakyat wants a State General Elections, so that the rakyat can vote a new and able government into power. The Barisan Nasional leadership is fully aware that a general election at this moment would be very disastrous for them and had used 'dubious' means to take control.
The time has come for the rakyat to show the Palace and the Barisan Nasional leadership the 'PEOPLE'S POWER' and that this power control the Perak State.
A State general elections is the only means to resolve this predicament.
Photoshot in High Court
Defiance in Perak
update, 6 Feb/2 am: In defence of the Sultan of Perak.
Defiant Mohd Nizar Jamaluddin said last night he would fight till the last drop of his blood.
Who is the enemy, Nizar? Our Sultan?
I've written in my original article below about "Derhaka". With the defiance shown by Nizar, more Netizens have come out to caution the MB.
By far, the harshest critics are:
1) Pasquale, who writes here that Nizar has committed treason;
2) Aziz Hassan, who thinks Nizar's defiance is going to end in Emergency Rule; and
3) Jebat Must Die, who reminds Netizens of what Anwar had been saying about turncoats and defections recently in Anwar's playacting is encyclopedic! (Part 4) here.
Original article:
Derhaka? I don't know. I am relying on info from friends and journalists on the ground. And there is an SMS "news alerts" war going on between the Star and the NST, Berita Harian and Harian Metro. I've compiled some of the "sms news alerts" that I have been receiving since before noon. Click here to read.
Bujai, in his sembah takzim, pleads with the Sultan to allow for fresh polls. We may disagree with him, but the way he does it is right and beradab, and that's still important. I would like to request for commenters to observe their adab when addressing the Sultan. Take the cue from Bujai, here.
I notice that some people profess Daulat Tuanku only when they want something out of the Sultan for themselves or for their agenda. That's low.
Defiant Mohd Nizar Jamaluddin said last night he would fight till the last drop of his blood.
Who is the enemy, Nizar? Our Sultan?
I've written in my original article below about "Derhaka". With the defiance shown by Nizar, more Netizens have come out to caution the MB.
By far, the harshest critics are:
1) Pasquale, who writes here that Nizar has committed treason;
2) Aziz Hassan, who thinks Nizar's defiance is going to end in Emergency Rule; and
3) Jebat Must Die, who reminds Netizens of what Anwar had been saying about turncoats and defections recently in Anwar's playacting is encyclopedic! (Part 4) here.
Original article:
PM Abdullah tells Pakatan to accept that Perak has fallen, just as BN had to accept the results of the general election last March/STAR
NST 05/02: Pakatan Rakyat to ignore Perak Sultan's request for MB and exco to resign, seeking second audience
NST 05/02: Police and FRU take over control of state secretariat building in Ipoh, exco members told to vacate their offices
Derhaka? I don't know. I am relying on info from friends and journalists on the ground. And there is an SMS "news alerts" war going on between the Star and the NST, Berita Harian and Harian Metro. I've compiled some of the "sms news alerts" that I have been receiving since before noon. Click here to read.
Bujai, in his sembah takzim, pleads with the Sultan to allow for fresh polls. We may disagree with him, but the way he does it is right and beradab, and that's still important. I would like to request for commenters to observe their adab when addressing the Sultan. Take the cue from Bujai, here.
I notice that some people profess Daulat Tuanku only when they want something out of the Sultan for themselves or for their agenda. That's low.
Pembubaran Dewan Undangan Negeri Perak
Pengumuman oleh Speaker Dewan Undangan Negeri Perak bahawa 2 ahlinya yang heboh akan lompat dari PKR ke UMNO menandakan menimbulkan seribu persoalan. Apakah kedua-dua mereka benar-benar telah meletak jawatan atau, surat perletakan jawatan tanpa tarikh yang mereka tandatangani selepas 8 Mac 2008 lalu telah digunakan untuk melucutkan jawatan mereka.
Apapun, adalah lebih berhemah bunyinya bila kedua-dua mereka disebut sebagai meletakkan jawatan. Bagaimana pula dengan Timbalan Speaker DUN Perak sendiri yang khabarnya akan ke kandang MCA? Apakah surat tanpa tarikh yang sama akan digunakan oleh Menteri Besar untuk memberi sedikit pulangan maruah dan harga diri kepada ahli DUN tersebut.
Jika dua meletakkan jawatan beerti Pakatan Rakyat ada 30 dan BN 27 dan jika 3 orang yang meletakkan jawatan, maknanya PR 29 dan BN 27. Beerti dalam tempoh 60 hari kelak, 2 atau 3 kerusi yang akan menjadi tumpuan siri pilihanraya kecil akan menentukan kerajaan yang baru. Apa rasionalnya kerajaan yang baru dibentuk berdasarkan amanat pengundi dari 3 kerusi DUN?
Jika PR kalah kesemua kerusi itu, BN akan mengambil alih Kerajaan Negeri dengan majoriti 1 kerusi. Jika PR menang 1 dan kalah 2, PR akan terus kekal sebagai kerajaan bersandarkan majoriti 1 kerusi. Begitulah seterusnya dan matematik memberi kita hanya satu kesimpulan iaitu, pilihanraya kecil ini hanya akan menambah kekalutan dalam pentadbiran Kerajaan Negeri Perak dan memberi masa depan yang mendung.
Jalan sebaiknya di dalam keadaan genting begini ialah untuk Menteri Besar setelah berbincang dengan tujuan mendapat persetujuan pemimpin-pemimpin parti dalam Kerajaan Negeri Perak, mengadap DYMM Sultan Perak dan menasihatkan supaya Baginda bersetuju untuk membubarkan Dewan Undangan Negeri Perak. Pembubaran Dewan Undangan Negeri Perak akan membolehkan para pengundi di Perak membuat keputusan semula kepada pihak manakah mandat mahu diberikan.
Tentu sekali ini adalah jalan terbaik buat PR kerana mereka mempunyai kekuatan untuk memperolehi mandat yang lebih besar berdasarkan populariti pentadbiran mereka kepada rakyat (bukan berdasarkan tomahan yang dilemparkan menerusi media arus perdana). Walaupun keputusan akhir di bawah Tuanku Sultan, namun pembubaran DUN adalah satu-satunya langkah yang tinggal untuk menjamin rakyat mendapat sebuah kerajaan yang bermandat lebih besar dan tidak goyang.
Dengan mandat lebih besar, Kerajaan Negeri akan dapat menumpukan lebih banyak masa mentadbir dan bukan bermain politik. Faktor politik semasa menyebelahi Pakatan Rakyat kerana UMNO yang menjadi tunggak BN sedang berhadapan kemelut pemilihan pucuk pimpinannya dan kemungkinan jika berlaku pilihanraya sama ada kecil atau pilihanraya negeri, ia akan berlaku sewaktu atau sebelum pemilihan tersebut.
Ini juga mungkin memberi ruang di peringkat pusat bagi Abdullah Ahmad Badawi melengahkan transisi tampuk kuasa dan bertahan lebih lama seperti yang diramalkan oleh Tun Dr. Mahathir.
Apapun yang akan terjadi sehari dua ini, apa yang sedang kita saksikan ialah satu sandiwara politik hebat dari kedua-dua belah. Isu moral atau tidak bermoral tidaklah begitu bernilai dalam permainan politik di Malaysia dan ianya tidak konsisten. Hari ini satu pihak menentang aksi lompat parti bila ianya tidak menyebelahi mereka dan petangnya pula menyokong bila lompatan ini dijangka memasuki ke gawangnya.-www.kickdefella.wordpress.com
National Express Malaysia not satisfied with BN
Good people of Perak, guide your monarch, please
February 5, 2009 (Haris Ibrahim)
UPDATE : The gathering has been moved to the Ipoh Stadium. Time unchanged
If he has not already, His Royal Highness the Sultan of Perak must soon make a decision.
Dissolve the state Legislative Assembly and allow the people of Perak to vote afresh to resolve the current political crisis in the state, or allow BN to try and form a viable state government.
His Royal Highness, who must have the interest of his subjects at heart, has a difficult task at hand, and it might make that task lighter if Perakians would take time out and try and convey to His Royal Highness their wishes.
Tonight, there is a planned gathering outside the Perak MB’s residence. God Willing, I too, will be there.
Whilst it is planned as a show of support for the MB and the Pakatan state government, let it primarily be a gathering to appeal to His Royal Highness to heed the wishes of the rakyat and not that of the politicians.
In that respect, please let the gathering be a peaceful one by the rakyat, and not one for powerful fiery speeches of politicians.
If His Royal Highness is to take on board and give effect to the wishes of his subjects, then you, his subjects, must communicate with His Royal Highness.
There is a an official website of the Sultan of Perak. You can access the same HERE.
That website provides the names and contact details of some of the important staff members of His Royal Highness. You can access the same HERE.
The website also has a Guest Book where visitors can send in comments. I’ve had a peek and already many have been sending in appeals there to His Royal Highness to dissolve the state legislative assembly and call for fresh elections. You can access the Guest Book HERE.
I particularly like this comment from the Guest Book :
Ampun tuanku,
Patik harap tuanku akan memperkenankan pembubaran Dewan Undangan Negeri Perak. Ini untuk mengembalikan kuasa kepada rakyat. Semoga Allah membalas jasa baik tuanku.
Harap maaf, ampun tuanku…
If you’d rather write in, I’d suggest that your communication be sent to the private secretary to His Royal Highness, whose details appear below.
Setiausaha Sulit DYMM Paduka
Seri Sultan Perak Darul Ridzuan
YDH Toh Raja DiRaja
Kol. Dato’ Abd. Rahim b. Mohamad Nor, D.P.M.P., K.M.N., K.A.T., A.M.N, P.T.S., P.J.K.
E-Mail: abdulrahim@perak.gov.my
Phone : 05-7761141 / 05-7761144 / 05-7761203 / 05-2540845
Fax : 605-7763724
Don’t know what to say?
How about this?
Ampun Tuanku.
Patik mohon mengadap sembah Tuanku dan memohon Tuanku memperkenankan untuk bubarkan Dewan Undangan Negeri Perak untuk membolehkan rakyat Tuanku mengundi dan memilih kerajaan, demi untuk menyelesaikan krisis yang kini melanda negri kesayangan Tuanku dan rakyat.
Sekian dan demikian sahajalah sembah patik yang sangat menyanjungi pendirianTuanku dan amat mengharapkan limpah ihsan pertimbangan serta perhatian Tuanku.
Ampun Tuanku
Please don’t forget to sign off an , people, please, no pseudonyms.
Thursday, 5 February 2009
Waking up to a seriously damaged country
Baradan Kuppusamy, themalaysianinsider.com,
Feb 5 — Despite rising public sentiments to hold fresh elections, the Barisan Nasional was cleared to form a new state government in Perak using defectors after the Sultan of Perak decided today not to dissolve the state assembly.
The Ruler also asked Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin to resign together with the executive council members.
Sultan Azlan Shah also ominously declared - if they refuse to resign the post (of Menteri Besar and State Executive Councilors) would be considered vacant.
As BN goes ahead to form a government with the slim majority it has it would be a government clearly against the wishes of the majority of the people of Perak,
In comments over the Internet, in Yahoo chat groups and in messages left at the Sultan’s own website, the people are clamouring for a fresh state election as the only meaningful and democratic way to resolve the stalemate.
The Sultan’s website has suddenly spiked with scores of visitors leaving behind highly emotional appeals to His Highness, in the Buku Pelawat, urging him to dissolve the state assembly and call for a fresh election.
It is not clear whether the comments at http://books.dreambook.com/duli/duli.html are orchestrated or genuine but the comments, dating from last night, are reflective of general public sentiment in the country for a fresh election.
Most people are simply against the BN using PR defectors to increase its majority and form a new government without going back to the voters again.
They view such a move as against common sense and simple natural justice.
But the BN is set to do just that and the Sultan by not dissolving the state assembly has paved the way for a government without the consent of the people.
The question is how long such a government would last in the face of a public backlash and contempt and how such a government can claim to represent the people in an atmosphere of hostility.
The words of Tengku Razaleigh Hamzah would prove to be prescient in this instance.
“Angry voters nationwide will reject the BN even more vehemently in the next general election if snap polls are not held in Perak,” he wrote on his blog today.
Even Tun Dr Mahathir Mohamad said Umno would only tarnish its image by accepting the defectors.
“We are alienating further the very people we should be trying to win back in the next election,” Razaleigh said.
While it might be true that people forget easily and while it is true that in Sabah in the early 1990s defection changed the government in favour of the BN which still rules the state, the situation in the Peninsular is wholly different.
Today’s Malaysia is an awoken country. The people have woken up from the long political slumber. Peninsular Malaysia is hugely different from the Sabah of 1994. Even in Sabah and Sarawak, people are waking up to a seriously damaged country.
The people are roiled and in an ugly mood and they have shown their power in the March 8 general election.
While it is true that it was the PR opposition led by PKR supremo Datuk Seri Anwar Ibrahim that made “defection” a household word, they had packaged it in the language of change and that had rung a bell in the hearts of many Malaysians.
On the other hand the BN as the incumbent ruling party is mired in the “old, bad” ways and for it to engineer defections to overturn a freely elected government is seen by the people as repugnant.
Right or wrong, logical or not, this is the public perception and perception is the be all and end all — the final arbitrator of a public dispute.
The individuals who have crossed over and those ready to cross over in the weeks ahead are marked people — marked for derision, contempt and public scorn.
They will not be able to even walk freely in their constituency let alone work and perform their duties by their constituents.
To illustrate how much the public tide had shifted on March 8 and how angry the public would be at the betrayal of their mandate just look at the winning majority of one of the defectors — Jelapang representative Hee Yit Foong.
In 2004 she won by about a 300 vote majority but in 2008 the majority shot up to over 12,000 – a huge shift in public sentiment that the BN would “alienate” by stealing the state government.
The BN is clearly going against the public tide because the voters who gave her such a huge majority are still out there and ready and willing to punish her and the BN for betraying their trust.
This is what Razaleigh is worried about. That by not seeking a new vote the BN is irreparably damaging any little chance it had to recoup the March 8 losses.
“It is totally unjust and un-democratic for MPs to switch parties and claim that they still represent what the people voted them in for,” said Jonathan Cheah in the Sultan’s Buku Pelawat
Another writer, Ahmad Said, in demanding a fresh vote said: Patik berpendapat cara begini adalah amat adil untuk semua rakyat. Biarlah rakyat yang membuat keputusan sekali lagi setelah melihat Pro dan Kontra dari kedua-dua belah pihak. (I believe dissolution is the best and just way for all the people. Let the people decide after considering all the pros and cons).
Zainarah wrote: “As rakyat of Perak, I implore you to consent to the dissolution of the Perak state assembly and return the mandate to the rakyat to elect a government of our choice, and not have a government that is foisted upon us. I pray that you will have the Rakyat’s well being uppermost in your mind when you make what must be a difficult decision.”
In posting after posting the message is the same: Dissolve the assembly, let the people decide. Or face the consequences.
Thousands gather at MB's house in Pakatan's last stand
Nothing has gone in favour of the Pakatan Rakyat administration of Perak the past 48 hours, with the door being shown to Menteri Besar Datuk Seri Nizar Jamaluddin. But try telling that to the many who have gathered late at his residence tonight. The late prayers of the hopeful for a sultan to have a dream, that will lead to a change of heart. — Pic by Choo Choy May
By Shannon Teoh, Adib Zalkapli and Lee Wei Lian 
IPOH, Feb 5 — Shouts of Allahuakbar rang out amid a light drizzle at the Perak mentri besar's residence here as close to 10,000 Pakatan Rakyat (PR) supporters turned up for a public rally in support of the embattled Datuk Seri Nizar Jamaluddin's administration.
Slippers of Pakatan Rakyat supporters praying inside the Perak Menteri Besar's residence in Ipoh for a favourable outcome to the state's political impasse. - Pictures by Choo Choy May
There is strong police presence outside the house, just a stone's throw from the Umno building and the Istana Kinta, but more people are still turning up, causing a massive traffic jam in the city.
PR leaders are now addressing the crowd, but their rethoric is frequently drowned out by the roars of the supporters.
Many supporters are seen carrying banners calling for the dissolution of the state assembly and for power to be returned to the people.
But despite accusing the Barisan Nasional (BN) of executing a coup, the loss of the state government looks to be a fait accompli as Datuk Dr Zambry Abdul Kadir, the BN assemblyman for Pangkor, is already preparing to be sworn in tomorrow at 3.30pm in Kuala Kangsar
The situation remains tense here as police have taken control of the state secretariat, while Menteri Besar Datuk Seri Nizar Jamaluddin remains holed up at his official residence with other PR party leaders.
Nizar has refused to resign, claiming he is still the legitimate chief executive in the state.
A public rally has been planned tonight at the residence to show support for Nizar's administration.
Former de facto Law Minister Datuk Zaid Ibrahim and prominent blogger Raja Petra Kamarudin have also turned up to show their support
Earlier, PR leaders said they planned to seek an audience with the state ruler in order to persuade him to change his mind about not dissolving the state assembly.
Opposition Leader Datuk Seri Anwar Ibrahim said the PR alliance of Pas, PKR and DAP fully supported Nizar, and wanted the matter "returned to the court of the people".
"BN has twisted it as if we are committing treason. But we are merely pleading.
"The leadership council of Pakatan will seek an audience with the Sultan," he told reporters.
Tonight's planned rally is meant to show public support for the state assembly to be dissolved.
But it is unclear how PR leaders can pull off a mammoth rally as police have blocked off many access roads.
Inspector-General of Police (IGP) Tan Sri Musa Hassan said police will take firm action against those involved in illegal gatherings or demonstrations in Perak following political uncertainty in the state.
"I hope party supporters will not stage gathering as they only inconvenience the people and disturb public order. Party leaders should calm the supporters and advise them not to break the law," he told Bernama here today.
It is understood that officials from the state secretariat and the police have been trying to get Nizar and his state executive council to vacate the official MB's residence, but have so far failed.
Earlier, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign in a statement carried by national news agency Bernama.
And if Nizar refused to resign, the post would be declared vacant.
This has paved the way for BN to form the next state government.
The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.
"If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant," the statement said.
It is understood that a candidate for the MB's position has already been proposed to the Sultan, who has given his approval.
This evening Umno president and Prime Minister Datuk Seri Abdullah Badawi had a short audience with the Sultan but it is unclear what was discussed.
This morning, the Sultan concluded a busy morning of talks with both Nizar and Umno deputy president Datuk Seri Najib Razak in a bid to break the political impasse in the state.
He met Najib twice before summoning Nizar to his palace as well.
In his second audience with the Sultan, Najib brought along the 28 BN state legislators and the three independents backing the coalition to see the Ruler to make his case for a new government.
When he met Nizar, the Sultan asked Nizar to resign, to which the MB said he would not.
"The Sultan told me that BN has 31 to 28 but I told him that was inaccurate as three have vacated their seats.
"I asked for consent to dissolve to protect the rights of the people," Nizar told reporters at the official residence of the MB here.
Letter of appeal from Perak MB to Sultan
Feb 5 — The Menteri Besar of Perak, YAB Datuk Seri Mohammad Nizar Jamaluddin, has just sent this letter of appeal to the palace for His Royal Highness’ consideration:
Mengadap Duli Yang Maha Mulia Paduka Seri Sultan Azlan Shah
Muhibbuddin Shah ibni Almarhum Sultan Yussuf Izzuddin Shah
Ghafarullahu-Lah
Paduka Sultan Negeri Perak Darul Ridzuan
Yang bersemayam di atas takhta Kerajaan Negeri Perak Darul Ridzuan dengan
beberapa amat kebesaran dan kemuliaannya.
Assalamualaikum
Ampun Tuanku,
Dengan hormat dan takzimnya patik merafa'kan sembah dan berdoa kehadrat Allah Subhanahu Wata'ala, mudah-mudahan Duli Yang Maha Mulia Tuanku sentiasa berada dalam keadaan selamat dan kesejahteraan.
Ampun Tuanku,
MERAFA' SEMBAH MEMAKLUMKAN PERKEMBANGAN TERKINI DEWAN UNDANGAN NEGERI PERAK DARUL RIDZUAN
Warkah yang tidak sepertinya ini sebagai pengganti diri patik untuk menyembahkan kepada Duli Yang Maha Mulia Tuanku mengenai isu kedudukan terkini Dewan Undangan Negeri Perak Darul Ridzuan.
Patik merafa' sembah menjunjung kasih di atas perkenan Duli Yang Maha Mulia Tuanku pada pagi ini. Patik memohon izin untuk menyembahkan beberapa perkara:
1. Artikel XVI(6) Undang-undang Perlembagaan Negeri Perak menyatakan bahawa "If the Menteri Besar ceases to command the confidence of the majority 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". Ini bermakna sokongan Menteri Besar itu perlu diputuskan oleh Persidangan Dewan Undangan Negeri.
2. Jumlah Ahli Dewan Undangan Negeri Pakatan Rakyat dan Barisan Nasional adalah sama iaitu 28 orang. Adalah kurang tepat andaian Barisan Nasional mempunyai majoriti. YB Yang DiPertua Dewan Undangan Negeri Perak telah memutuskan bahawa ADUN bagi kawasan Behrang, Changkat Jering dan Jelapang bukan lagi ADUN. YB Yang DiPertua Dewan Undangan Negeri Perak dan Kerajaan Negeri Perak juga telah memfailkan satu permohonan untuk satu perisytiharan bahawa ketiga-tiga ADUN berkenaan bukannya ADUN untuk kawasan-kawasan tersebut di Mahkamah Tinggi pada pagi ini. Sewajarnya kita menunggu keputusan Mahkamah dalam kes tersebut.
Ampun Tuanku,
Atas alasan di atas dan berdasarkan prinsip demokrasi dan Raja Berperlembagaan Patik dengan ini merafa' sembah memohon agar Dewan Undangan Negeri dibubarkan bagi membolehkan rakyat memilih semula kerajaan yang dikehendaki mereka.
Ampun Tuanku,
Patik dengan ini merafa' sembah bahawa pimpinan Pakatan Rakyat sebulat suara meminta Patik untuk tidak meletak jawatan sehingga krisis perlembagaan ini diputuskan oleh Mahkamah atau Dewan Undangan Negeri Perak.
Ampun Tuanku,
Patik akhiri warkah yang tidak sepertinya ini dengan sekalung penghargaan ke atas keprihatinan dan pertimbangan Duli Yang Maha Mulia Tuanku. Mudah-mudahan Allah Subhanahu Wata'ala melanjutkan usia Duli Yang Maha Mulia Tuanku dan seluruh kerabat Tuanku dan semoga sentiasa berada di dalam kesejahteraan dan kebahagiaan yang berkekalan.
Amin Ya Rabbal 'Alamin
Ampun Tuanku,
Patik dengan segala hormat takzimnya;
Bagi pihak Ahli-ahli Dewan Undangan Negeri Pakatan Rakyat
YAB Dato' Seri Ir Haji Mohammad Nizar bin Jamaluddin
Menteri Besar Perak Darul Ridzuan
No dissolution, new gov't to be sworn in
LIVE REPORTS
11.00pm Ceremah ends peacefully following a prayer session. Mohd Nizar the only top brass to speak. Others key figures present like Anwar, Hadi, Kit Siang and Guan Eng did not address the crowds, estimated at about 6,000 who were requested to disperse peacefully. They were told to attend Friday prayers at Ubudiah Mosque in Kuala Kangsar tomorrow.
10.45pm: MB Mohd Nizar speaks. Says Pakatan will boycott swearing in of BN reps tomorrow although they have been invited. He continues, "We will never recognise this illegal BN government. We will create a wave of protest throughout the state and fight together with the people of Perak to the last drop of our blood."
10.40pm: About 1000 people are on the street between Sam Tet School and the MB's residence, reducing four lanes to one. The traffic jam created as a result cause many impatient motorists to honk, this time probably to show their annoyance.
10.30pm: Motorists passing by the MB's residence honk in support. Inside, speeches are punctuated by shouts of Reformasi and Hancur BN. Crowds continue to swell. Many line up the street outside MB's residence.
10.20pm: Crowds growing. Police are not preventing people from entering the MB's residence. The hall where the ceremah is held is totally packed. Many willingly stand outside to listen to the speeches from Pakatan leaders. Crowds estimated at 4,000 now. FRU troops now seen patrolling outside the MB's residence.
10pm: Ceremah is ongoing in the MB's residence. About 3,000 people are said to be in attendance listening attentively on the sprawling grounds of the official residence. Crowds appear orderly. Situation calm and peaceful. Only about 50 policemen present. Pakatan bigwigs yet to take to the stage.
9.30pm: Mohd Nizar says he still has hopes of getting an audience from the sultan. But he needs nothing short of a miracle as the window to meet the sultan is closing. BN's 28 state reps and three independents will be sworn in by the sultan tomorrow.Mohd Nizar also reveals that he had requested Anwar Ibrahim to file an emergency motion on the Perak political crisis during the next sitting of Parliament.
"This is now a national issue. Everybody wants to know about it so let it be discussed," he says.
Mohd Nizar reiterates that Barisan was grabbing power in the state
without following through the proper process.
"When the assembly sits in April, they can have a vote of
no-confidence. Then there would be a smooth transition," he says.
Kugan’s Pathology Report in Limbo
It is unlikely that the results of a second post-mortem on 22-year-old police detainee, A Kugan, will be revealed soon as a Singapore-based lab has declined to study the blood and tissue samples.
“The tissue samples were supposed to be sent to Singapore but they are reluctant to accept it,” said lawyer N Surendran, who is representing the deceased’s family. He added that the reason for this was because of the high-profile nature of the case.
Kugan’s family members and Surendran today met with University Malaya Medical Centre (UMMC) pathologist Dr Prashant.
The second post-mortem was initiated by Kugan’s family to dispute initial findings which concluded that his death was caused by fluid in his lungs.
After consultation with the family, Surendran said a decision has been made to send Kugan’s tissue samples to Australia with the co-operation of UMMC for analysis.
“It would probably take a week or so before we get the report of the findings,” said Surendran.
However, he expected the findings of the second post-mortem to be significantly different from what was revealed earlier.
‘Zero trust’ in government labs
Surendran said Kugan’s family was given the option to send the tissue samples to a government lab, but declined the offer as they felt government institutions lacked independence.
“We have information from our sources that the police have taken a statement from the UMMC pathologist. We have zero trust in the forensics in this country,” he added.
Kugan’s uncle Ravi Roy, when contacted by Malaysiakini said his family was still distraught over the brutal murder of his nephew and were very disappointed that the Singapore-based lab has denied to analyse the tissue samples.
Kugan, who was the eldest of five siblings, was arrested on Jan 15 following suspicions of his involvement in a luxury car theft syndicate. He died at the Taipan police station in Subang Jaya, five days later.
Selangor police chief Khalid Abu Bakar stated that the deceased had asked for a glass of water, and upon drinking it, had collapsed and died.
A video of the remains taken at the Serdang Hospital mortuary, however, revealed severe bruises on the body, leading many quarters to accuse the police of foul play.
Following, public outcry and pressure from various quarters, Attorney-General Abdul Gani Patail classified Kugan’s death as murder.
On Jan 28, Kugan was laid to rest at a Hindu cemetery in Puchong following a funeral procession which drew hundreds, including some prominent politicians.
Kapar MP says Kugan had burns on private parts
PETALING JAYA, Feb 5 — Kapar S Manikavasagam, claimed today that there were burn marks on the penis of Kugan Ananthan, who died while in police custody, on Jan 20.
“I saw the body myself but was also informed that the injuries on his private parts looked like it was burnt with a lighter.”
The Kapar MP was speaking to the press at the lobby of the University Malaya Medical Centre (UMMC) where a second autopsy was done on Kugan body after his family disputed initial findings, which attributed his death to fluid in his lungs.
However waiting reporters who anticipated the release of the second post-mortem results were left disappointed when told by family lawyer N Surendran that it was still not ready.
Surendran, together with Kugan’s family, earlier met with the pathologist at UMMC.
He said tissue samples taken from Kugan’s body will be sent to a lab in Australia for analysis and this may take anywhere between seven and 10 days before a report will be sent back to Malaysia.
“We initially wanted to send the samples to Singapore but apparently there is problem and they have declined to do the analysis.”
Surendran said they were opting to send the blood, tissue and fluid samples overseas because of the lack of faith in local labs, which may not be independent of the Government.
“We have heard from sources that police have taken a statement from the pathologist involved in the second post mortem, so our concerned about the independence of government labs, is not unfounded.”
He said they expect the results to show that Kugan died after being beaten in police custody.
Meanwhile he lashed out at police for dragging their feet over the murder investigation of the 22 year-old suspected car thief, which is into its 17th day.
“This is a simple case. It happened at a police station, the suspects are policemen yet no one has been arrested or charged.”
He said if the suspects were anyone else they would have been in remand or charged in court.
LIVE: A dark cloud descends on Ipoh
Pakatan Rakyat supporters gather at the Mentri Besar’s official residence tonight
Ipoh at 6.30pm. A huge dark cloud hangs over Ipoh as the rain pelted down
This time, although I will leave the readers’ comment feature on in the ‘live’ pane below, I will only approve a few selected comments to appear inside the pane so that the flow of the report is not disrupted. Remember, this is not a chat room. If you find your comment not appearing inside the pane, you can always add it at the end of this post in the usual way.
The hunter now becomes the hunted
The police officer who is trying to fix me up is now in trouble himself. ASP Sydney Clyde Jeremiah has subpoenaed my lawyer, J. Chandra, to act as the prosecution’s witness, which means Chandra can no longer appear in court during my trial. At the last hearing, the prosecution, in fact, objected to Chandra’s presence in court and asked that he be removed. Well, my hunter is now the hunted, courtesy of divine intervention.
NO HOLDS BARRED
Raja Petra Kamarudin
Sushma Veera, the New Straits Times
A senior police officer was among five people who were separately charged at the Sessions Court yesterday with corruption.
In the first case, ASP Sydney Clyde Jeremiah was charged with soliciting RM2,000 from Mohd Khusaiful Che Rashid, 36, as an inducement to release Hoi Chee Kin, 27, who was arrested for offering sexual services.
Jeremiah, 47, was one of the senior investigating officers in the city’s serious crimes division.
He was alleged to have committed the offence at his office at the Dang Wangi district police headquarters at 3.30pm on Oct 26 last year.
Malaysian Anti-Corruption Commission’s (MACC) deputy public prosecutor Iznina Hanim Hashim proposed RM10,000 bail in one surety.
Jeremiah’s counsel Datuk Salehuddin Saidin pleaded for the amount to be reduced to RM5,000 and said that Jeremiah was the sole breadwinner in his family.
“He has two young children aged nine and 11 years old,” he said, adding that Jeremiah, who was still with the force, was a senior investigating officer and had no reason to abscond.
Four others were charged at the same court.
• Sergeant Abdul Razak Mayuddin, 48, was charged with soliciting RM1,000 from Chua Seong Loon as an inducement not to take action against Chua, Chin Hoi Man and Chin Hoi Ching, who were suspected of causing grievous hurt.
The offence was allegedly committed at the Criminal Investigations Department at the Sentul district police headquarters, between 2.30am and 2.55am on April 2, 2006.
For Abdul Razak, Iznina proposed RM6,000 bail in one surety.
• Abd Rashid Yusuff, 50, was charged with receiving RM350 from M. Muthugumar as an inducement not to demolish the wall of Muthugumar’s squatter house.
Abd Rashid, who was then City Hall’s assistant enforcement officer, allegedly committed the offence at a restaurant in Kampung Pandan, at 3.52pm on Oct 6, 1999.
Iznina proposed RM5,000 bail in one surety.
• Jobless Rahman Ihwan and Zulkifli Sadri, both 43, were charged with accepting RM200each from NatraMohd Tahir for helping to settle her mother’s compound for hiring illegal workers.
Rahman allegedly committed the offence at a hotel lobby in Jalan Pahang at 8.30pm on Oct 6, 2006, while Zulkifli was said to have committed the offence at the same place at 12.25am the following day.
Iznina proposed RM5,000 bail in one surety for each accused.
In pleading for their bail amounts to be reduced, the four accused, who were unrepresented, said they had to support their family and had school going children.
All five pleaded not guilty to their respective charges.
Sessions judge Rosbiahanin Arifin granted RM5,000 bail in one surety each for Jeremiah, Rahman and Zulkifli, and RM3,000 bail in one surety each for Abd Rashid and Abdul Razak.
She fixed March 6 for mention of all five cases.
Zambry will be BN’s MB, Nizar still holed up in residence
By Shannon Teoh, Adib Zalkapli and Lee Wei Lian-The Malaysian Insider
IPOH, Feb 5 — Datuk Dr Zambry Abdul Kadir, the Barisan Nasional assemblyman for Pangkor, is preparing to be sworn in tomorrow at 3pm in Kuala Kangsar, even as the Pakatan Rakyat (PR) tries to make a last-ditch effort to convince Sultan Azlan Shah to change his mind.
The situation remains tense here as police have taken control of the state secretariat, while Menteri Besar Datuk Seri Nizar Jamaluddin remains holed up at his official residence with other PR party leaders.
Nizar has refused to resign, claiming he is still the legitimate chief executive in the state.
A public rally has been planned tonight at the residence to show support for Nizar’s administration.
A few hundred people have already gathered in front of the MB’s house.
Former de facto Law Minister Datuk Zaid Ibrahim and prominent blogger Raja Petra Kamarudin have also turned up to show their support
Earlier, PR leaders said they planned to seek an audience with the state ruler in order to persuade him to change his mind about not dissolving the state assembly.
Opposition Leader Datuk Seri Anwar Ibrahim said the PR alliance of Pas, PKR and DAP fully supported Nizar, and wanted the matter “returned to the court of the people”.
“BN has twisted it as if we are committing treason. But we are merely pleading.
“The leadership council of Pakatan will seek an audience with the Sultan,” he told reporters.
Tonight’s planned rally is meant to show public support for the state assembly to be dissolved.
But it is unclear how PR leaders can pull off a mammoth rally as police have blocked off many access roads.
Inspector-General of Police (IGP) Tan Sri Musa Hassan said police will take firm action against those involved in illegal gatherings or demonstrations in Perak following political uncertainty in the state.
“I hope party supporters will not stage gathering as they only inconvenience the people and disturb public order. Party leaders should calm the supporters and advise them not to break the law,” he told Bernama here today.
It is understood that officials from the state secretariat and the police have been trying to get Nizar and his state executive council to vacate the official MB’s residence, but have so far failed.
Earlier, Sultan Azlan Shah announced his refusal to give his consent for the dissolution of the Perak state assembly, and asked Nizar to resign in a statement carried by national news agency Bernama.
And if Nizar refused to resign, the post would be declared vacant.
This has paved the way for BN to form the next state government.
The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblymen and the three independents, the Sultan was convinced that Nizar had ceased to command the confidence of the majority of the state assembly members.
“If YAB Datuk Seri Ir Mohammad Nizar bin Jamaluddin does not resign his post as Perak menteri besar together with the members of the state executive council, the posts of menteri besar and state executive councillors are considered vacant,” the statement said.
It is understood that a candidate for the MB’s position has already been proposed to the Sultan, who has given his approval.
This evening Umno president and Prime Minister Datuk Seri Abdullah Badawi had a short audience with the Sultan but it is unclear what was discussed.
This morning, the Sultan concluded a busy morning of talks with both Nizar and Umno deputy president Datuk Seri Najib Razak in a bid to break the political impasse in the state.
He met Najib twice before summoning Nizar to his palace as well.
In his second audience with the Sultan, Najib brought along the 28 BN state legislators and the three independents backing the coalition to see the Ruler to make his case for a new government.
When he met Nizar, the Sultan asked Nizar to resign, to which the MB said he would not.
“The Sultan told me that BN has 31 to 28 but I told him that was inaccurate as three have vacated their seats.
“I asked for consent to dissolve to protect the rights of the people,” Nizar told reporters at the official residence of the MB here.
Sultan’s decision sparks debate
By Debra Chong-The Malaysian Insider
KUALA LUMPUR, Feb 5 — The Perak Sultan’s decision today in asking for the Mentri Besar Datuk Seri Nizar Jamaluddin’s resignation and denying consent to dissolve the state assembly has become the subject of legal debate among experts here.
“The problem in Malaysia is that the law is not allowed to take its course,” Abdul Aziz Bari, a law professor at the International Islamic University told The Malaysian Insider this afternoon.
He explained that while it is the Sultan’s “prerogative” to say “Yes” or “No” to a request to dissolve the state assembly and pave the way for fresh elections, the Sultan should not insist on the resignation of his appointed MB until it is clear he no longer holds the majority support of the state’s lawmakers.
“I think the Sultan has made a mistake,” said Abdul Aziz.
He explained the need to clear the disputed status of the three assemblymen for Behrang, Changkat Jering and Jelapang who yesterday announced their support for the Barisan Nasional (BN) coalition after having left the Pakatan Rakyat (PR) coalition to be independents.
Abdul Aziz said the courts must make a decision before a special sitting of the state assembly can be held to table a motion of no-confidence against MB Nizar.
Only then can the Sultan insist on Nizar’s resignation, paving the way for the BN’s takeover of the state government.
Human rights lawyer Malik Imtiaz Sarwar cautiously shared Abdul Aziz’s view.
He observed that the law states the ruler must be convinced the incumbent MB no longer commands the majority support of the state assembly.
But, he added the law was vague on how the ruler is to arrive at that conclusion.
“The Constitution only talks about the lack of confidence and does not talk about how it is to be manifested,” Malik said.
“The central question is whether the Sultan is in a position to be sure that the MB no longer has the confidence of the majority of the House,” he added.
He noted that conventionally, the state assembly can take a vote of no-confidence against Nizar, such as federal Opposition Leader Datuk Seri Anwar Ibrahim attempted in Parliament against Prime Minister Datuk Seri Abdullah Badawi late last year.
However, there may be other unconventional methods to convince the Sultan of the lack of confidence in Nizar.
“For example, if a big enough of the majority assemblymen meet him en masse to declare they no longer support the MB and he is convinced.
“In that scenario, the MB has no option but to tender his resignation,” said Malik.
He noted the 31-member delegation of BN and independent assemblymen who met up with Sultan Azlan Shah earlier this morning seems to have effectively convinced the ruler who was previously placed in a very difficult position.
But, Malik noted too that the political events in Perak which have been unfolding in such rapid-fire succession, may have been portrayed incorrectly.
He noted that it was complicated by the PR government asking the Sultan to dissolve the Dewan Undangan Negeri, leading to the messy deadlock between the PR and BN coalitions.
“It could be said there is no situation of no-confidence here because of the dispute over the two seats,” Malik said.
He added that Datuk Seri Najib Razak’s 31-assemblymen march to the Sultan for a show of no confidence against MB Nizar could not be accepted in the current political landscape.
“A vote of no-confidence can only be taken by people who are legitimately entitled to vote, meaning people who are still assemblymen,” he clarified.
“As such, the legal basis of the Sultan’s directive may not be found,” he added.
Malik agreed with Abdul Aziz for the status quo to remain until the courts have decided whether the Behrang and Changkat Jering state seats are vacant in line with the speaker’s order recognising the pre-signed quit letters of their incumbents Jamaluddin Mohd Radzi and Mohd Osman Mohd Jailu respectively.
“If the court decides in favour of the speaker, then everything would have to be unwound,” he remarked.
Likewise in the case of the Election Commission which on Monday denied the speaker’s call for by-elections in Behrang and Changkat Jering, Malik states that the Sultan does not hold the authority to conclude on the validity – or invalidity – of the PR-led state government.
“Keeping in mind that this is not a conventional situation of a no-confidence vote, that this is a crossing over, and that two seats are in dispute, the question whether the Sultan can direct the resignation of the MB or otherwise does not arise because respectfully, he does not have the power to do so,” Malik said.
He is alarmed at the pace at which the police are acting in Ipoh, even moving to surround the state secretariat building and ordering the incumbent government workers out for a BN takeover.
“The law enforcers are now enforcing rules untenable to the law. Where is the authority coming from,” Malik questioned.
He is worried the Perak crisis may point to a bigger crisis for Malaysia next month when DPM Najib is set to succeed Abdullah as Prime Minister after the Umno party elections.
He noted that while the BN may win in reclaiming Perak, it will affect its performance in the long run.
“If the Perak scenario is replayed at the federal level in favour of the Pakatan Rakyat, there is a high possibility of a similar outcome,” said Malik.
Ku Li says only assembly can remove Perak MB
KUALA LUMPUR, Feb 5 — Writing that “a shameful scene is unfolding in Perak”, Tengku Razaleigh tonight said only the state assembly can remove embattled Perak Menteri Besar Datuk Seri Nizar Jamaluddin and any other means was unconstitutional.
“To formally test the mandate of the current government, whether in Perak, Sabah or the Federal government, the question must either be put to the people through state elections, or to the assemblymen through a formal vote in the dewan. These are the only tests that count in our constitutional democracy,” the Gua Musang MP posted in his weblog.
His latest post came hours after the Perak ruler had asked Nizar to step down from government in favour of a Barisan Nasional government which claims majority support with 28 lawmakers and three independents who quit the Pakatan Rakyat government. Including himself, Nizar controls 28 seats in the 59-seat state assembly.
Perak’s Sultan Azlan Shah has refused Nizar’s request to dissolve the assembly or asked him to get a vote of confidence in the assembly but the Pas Menteri Besar has provoked a showdown by being adamant to stay on in his post.
Tengku Razaleigh pointed out that the government of the day is established according to rules and principles codified in the constitution and “this is the difference between legitimately formed government and tyranny, which is rule by the law of the jungle”.
He added that legitimate constitutional government draw all its authority from “the consent of the people and only from that consent”, saying the people provide the consent as the government is formed according to the constitution and leaders chosen through free and fair elections.
“It doesn’t matter how many men with flaming torches march chanting your name in the middle of the night. You need to prove you have the support of voters in a free and fair election,” he wrote.
The Kelantan prince said the constitution also provided definitive ways to test a leader’s command of the majority in an assembly.
“Only the answer of the assembly counts. It doesn’t matter how many sworn statements, defections, press conferences, and declarations you have, nor what forms of advertisement, display, inducement or force you bring to bear on the question
“This is what it means to be a parliamentary democracy. To remove and install governments in any other way is to violate the Constitution, erode the rule of law, and to run the risk of forming an illegal government,” said the veteran Umno leader popularly known as Ku Li in political circles.
“The invisible laws make our government, nation and society possible. I won’t begin to describe the harm we would do these things if we began to ratify power achieved without regard for the rule of law in this country,” Tengku Razaleigh wrote, adding the constitution was the foundation and source of legal authority and the Rulers are sworn to protect and uphold it.
No dissolution, new gov't to be sworn in
LIVE REPORTS
8.45pm: Five FRU police trucks arrive creating some tension among those gathered outside the MB's residence. The crowd shouted at the riot police, while PAS security team closes the gate to the MB's residence. However, the police made no attempt to enter the residence.
8.15pm: Among the crowd seen outside the MB's residence are former de facto law minister Zaid Ibrahim and popular blogger Raja Petra Kamarudin.
7.50pm: About 1,000 Pakatan supporters are gathering outside MB's official residence. More are streaming in, creating a traffic jam in the area.
Despite warnings of tough action, police presence is minimal apart from traffic cops helping to ease congestion. The MB's residence has been sealed off by the PAS security team, Unit Amal. With the state government headquarters taken over by police this afternoon, there is fear that Mohd Nizar could be evicted from his official residence.
Many in the crowd are spotted holding umbrellas as there is a light drizzle. Banners at the gathering called for the dissolution of the state assembly as well as the return of power to the people. Pakatan top guns, including Anwar Ibrahim, are due to speak later tonight.
7.10pm: Chenderiang assemblyman Dr Mah Hang Soon, who is the sole MCA state rep in Perak, told Malaysiakini that he is likely to be one of the executive councillors in the new state cabinet line-up.
The MCA Youth deputy chief said that according to BN tradition, MCA will have one post in the state cabinet. However, he said he has yet been informed which portfolio he would be given. Mah added that the new government will be sworn in tomorrow at 3.30pm.
6.45pm: Pakatan supporters have been told to gather at the Menteri Besar Mohd Nizar's official residence after gates to the Ipoh Stadium were found to be locked.
On arrival in Kuala Lumpur in Subang airport, Abdullah announced that Umno's Zambry Abd Kadir (right), 47, who is Pangkor state assemblyperson, has been picked as the new Perak menteri besar. A former lecturer of International Islamic University, Zambry has a Phd in politics.
5.50pm: PM Abdullah arrives at Istana Kinta in Ipoh. He joins Najib and all 28 BN state representatives as well as the three Independents who are already inside the palace. They will be sworn in by Sultan Azlan Shah to take over the state government.
4.50pm: Pakatan leader Anwar Ibrahim said that they want to meet the sultan to convince him to dissolve the assembly.
4.45pm: PAS president Abdul Hadi Awang said that the Pakatan leadership fully backed Mohd Nizar's government. He added that the menteri besar will not resign unless a special state assembly session was called or fresh elections held.
4.40pm: Mohd Nizar tells the press conference that he would not resign from his post as the menteri besar. He urged the people to back his Pakatan government.
"The BN's majority may not be a valid one," he said.
4.15pm A source inside the Pakatan meeting at the MB's residence say that the atmosphere inside is sombre. Anwar is chairing the meeting, with everyone is being allowed to have a say.4.14pm Unconfirmed reports state that former DAP state assemblyperson Hee Yit Foong's house in Ipoh and her service centre in Jelapang have been pelted with stones by people angry with her defection.
4.10pm Roads leading to the state secretariat have been blocked by the police to stop people from gathering there.
4.05pm: State secretary Abdul Rahman Hashim instructs Menteri Besar Mohd Nizar, all exco members and their aides to vacate their offices at the state secretariat as soon as possible. They have been reminded not to take any official documents with them. They were also told to hand in their official car keys as well as the keys to their offices.
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YahooPerak sultan: No dissolution of assembly
LIVE REPORTS (Malaysiakini) 3.25pm: It learnt that Mohd Nizar will announce his refusal to resign as asked by the sultan. 3.20pm All top Pakatan leaders are in a meeting at Mohd Nizar's official residence to chart their next course of action. A press conference is expected to be held soon. Notable absentees are Kedah MB Azizan Razak and Kelantan MB Niz Aziz Nik Mat. About 30 supporters have gathered outside the residence. A big team of some 50 journalists are also waiting there. 3pm: The office of the Sultan of Perak, in a statement, said that after meeting all the 28 BN assemblypersons and the three independents, the sultan was convinced that Mohd Nizar had ceased to command the confidence of the majority of the state assembly members. 2.40pm: The five Indian state representatives in Perak - A Sivasubramaniam (DAP - Buntong), V Sivakumar (DAP - Tronoh), Keshvinder Singh (DAP - Malim Nawar), S Kesavan (PKR - Hutan Melintang) and A Sivanesan (DAP - Sungkai) - held a press conference earlier today that they would remain loyal to Pakatan Rakyat. 2.27pm: Bernama reports that the Sultan of Perak has rejected the request by Mohd Nizar for the dissolution of the state assembly. The report also said that the sultan has asked Mohd Nizar to step down to pave the way for a power transfer. 2.14pm: Tonight's 100,000 people gathering in support of the Pakatan government has been shifted to Stadium Ipoh from the menteri besar's official residence. The police have issued warnings against those who take part in "illegal gatherings" in Ipoh.
1.32pm: A PKR source says that the sultan had asked Mohd Nizar to step down as menteri besar to allow a smooth transistion of power at their brief meeting today but the latter had refused to do so. 1.25pm: Najib is still at the Umno meeting. However, it is learnt that he will not be holding a press conference after the meeting.
Mohd Nizar will be holding a press conference along with Pakatan leader Anwar Ibrahim and DAP leader Lim Guan Eng at 3pm. 12.50pm: Najib is presently chairing an Umno meeting in Ipoh where the choice of the new menteri besar is being discussed. He is expected to call for a press conference within the next hour. 12.40pm: There is an indication that Sultan Azlan Shah will allow Barisan Nasional to form a state government with the participation of three independents. Menteri Besar Mohd Nizar is still in a meeting with sultan. Earlier today Sultan Azlan Shah met with Perak BN chief Najib Abdul Razak at the Istana Kinta in Ipoh this morning, and this was to be followed by another meeting with Perak Menteri Besar Mohd Nizar Jamaluddin.
On the other hand, Mohd Nizar is advising the sultan to dissolve the state assembly to pave way for fresh elections in the state to resolve the political impasse. Also present at the meeting with the deputy prime minister is Perak Umno deputy chief Ahmad Zahid Hamidi. Najib and Ahmad Zahid arrived at the palace at 9.50am.
He told journalists there that he had been summoned by the sultan. After the meeting with the sultan, Najib, who is also the Perak Umno chief, will be chairing a state Umno meeting. Top on the agenda would the choice of menteri besar to lead the BN government. Pakatan goes to court
The three - PKR's Jamaluddin Mohd Radzi and Osman Jailu, and DAP's Hee Yit Foong - have claimed that their quit letters signed soon after being elected as assemblypersons last March were done under duress. The Election Commission has overruled the Perak speaker on the matter. Yesterday Perak MB Mohd Nizar met the sultan for almost two hours to request for dissolution of the state assembly so that a snap state election could be held.
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2pm: Anwar arrives at Mohd Nizar's house. He is expected to hold a press conference together the menteri besar and Penang CM Lim Guan Eng at 3pm. PKR vice-president Azmin Ali is also there.
The four had accompanied Najib to the palace during the deputy prime minister's second visit to see the sultan. BN's 28 state representatives were also present.
Najib has informed the sultan of BN's strength in numbers in the state assembly that will allow the coalition to take over the control of the state from Pakatan Rakyat.
He left at 10.35am and returned about 20 minutes later with four former Pakatan assemblypersons who had pledged support for BN. The party left at 11.30am.
Meanwhile, Perak state assembly speaker V Sivakumar has applied to the High Court to declare that undated resignations letters by former Pakatan representatives as valid.
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