Thursday, May 21, 2009

MB vs MB - what really are some of the issues?

The issue is not whether Zambry has the majority support in the State Assembly of Perak...the issue is whether the proper procedure was followed.

1- Nizar went to see the Sultan and ask that the State Assembly be dissolved so that there can be fresh elections in Perak, and HRH the Sultan of Perak refused.

2A. Thereafter, Nizar could have tendered his resignation as Menteri Besar - and the Sultan could have then proceeded to accept Nizar's resignation, and thereafter appoint another as the Menteri Besar of Perak - BUT...Nizar did not resign...

2B. After the refusal to dissolve the State Assembly by HRH the Sultan, then how can we get Nizar to resign. The law seems to tell us that we have to wait for the State Legislative Assembly to sit, and then there should be a vote of no confidence passed against Nizar - after which we has no choice but resign.

The problem arised because BN, Najib and Zambry were impatient...and it is this impatience that resulted in another MB wrongly being appointed by the Sultan...when Perak still had a Menteri Besar.

If they waited, maybe Nizar may have tendered his resignation...

So, why this haste...why this impatience on the part of the BN? Remember, the BN has 50 years plus experience in governing...and they had ample legal advisors...WHY did they not wait a few days...?

Was it their intention to plunge PERAK into this political crisis...this constitutional crisis? WHY?

Was it to distract Pakaotan Rakyat from its other work - the work of bringing improvements in the states that they governed now? Was it to distract Pakatan's other work in preparation of the defeat of the BN in the next General Elections?

Or was it just the usual distraction from the more real issues and the other problems of the Rakyat?

I really do not have mucf faith in our Malaysian judiciary...

And even if the Malaysian courts do rule in favour of Nizar and the Pakatan Rakyat - it may not be over...

In the case of Stephan Kalong Ningkam, a case similar to Nizar's case, the Chief Minister concerned took it to court and won. The Federal Court declared the Governor as having acted unconstitutionally and the dismissal of the Chief Minister invalid. Stephan Kalong Ningkam was the legitimate Chief Minister of Sarawak - but alas the UMNO led coalition could not accept that and Emergency was declared in the State.

About a week after that Federal Court judgment, on 14 September 1966, Yang di-Pertuan Agong, Malaysia's head of state, proclaimed a state of emergency in Sarawak on the basis that its security was threatened by the constitutional crisis.

Under emergency rule, Parliament was legislatively enabled to exercise further powers, effectively governing Sarawak from the federal capital.

Fight, we must for what is right...

But even if, Nizar wins, the worry is whether Najib would just follow the earlier precedence...and declare Emergency in Perak.

If Nizar loses in court - then, BN was right all the while...

Win or Lose in court really does not matter - the solution has always been simple - go back to the people. Have fresh elections in Perak...

Why go back to the people, and not just admit the fact that the BN's Zambry now has the majority - and no more Nizar?
- Well there are numerous complications:-
** Did the 3 ADUNs (PKR-2,DAP-1) resign or not?
** Is Zambry and some of the BN ADUN's suspension right or wrong?
** Was the recent removal of Sivakumar as Speaker right or wrong? - like the MB-v- MB, we also now have a Speaker -v- Speaker case..

So many problems have been caused by that impatience of BN to get Zambry made the MB of Perak, when there was still a valid Menteri Besar in Perak...

If only, BN had waited...we may not have this mess in Perak...





1 comment:

Tan chee Kiong said...

The 3 Learned Judges can ruled whoever they in "FAVOUR" of but eventually its the Perakians who will decide who they wish to elect to rule the state comes next GE.

BN had forced a takeover of the state government with the help of a greedy and 2 tainted and corrupted Representatives. BN's act is totally against the wishes of the PEOPLE in general.

WHAT A SHAME...a bunch of lower class politicians.