Tuesday, May 19, 2009

Should The Sultan Prorogue The Perak State Assembly ?

Hantu Laut

There seems to be no end in sight to the Perak crisis.The situation had gotten worse by the diverse interpretations and misinterpretations of the constitution.The latest cooking of the broth was one by Tommy Thomas, so-called constitutional expert and one of the counsels for the insolent Sivakumar. Are there lawyers who actually specialised in constitutional law in this country or just another one of those general practitioners?

A check on Tommy Thomas revealed he had been charged for contempt of court.The judgement of the Court Of Appeal is here.Those in Pakatan seem to court lawyers that have little respect for our judicial system.Those that make derogatory statements against the judiciary if judgement made were not in their favour.


The crisis in Perak is exacerbated mostly by lawyers or so-called legal minds giving their own interpretations of the law.The monarch, the judicial system and the powers that be have all been mauled and mercilessly dragged in the mud. Dialectic is gone and dead, replaced by act of confrontation and civil society that have gone bonkers with defiance and incivility. Even an ex-ISA detainee that has been released recently showed continued defiance and little respect for the law threatening the government to show his displeasure by going to the streets with thousands of his supporters. A wannabe hero the likes of Ghandi and Mendela
except he is a ruffian and a troublemaker rather than a man of conscience, obviously seeking fame on the wrong platform.

The Perak crisis will not go away and if there is not going to be a dissolution soon the only possible solution is for the Sultan to prorogue the state assembly under Article 36.2 of the constitution until the court clear all the cases.The sitting
menteri besar can seek the Sultan's indulgence for prorogation of the assembly with a time frame.

To be fair to both sides the court must show expediency to dispose off the cases as quickly as possible and whatever the judgement was both sides must show respect.

The Perak case have some similarity with the 2008-2209 Canadian political dispute where oppositions parties in the House of Commons planned to pass a vote of no confidence against the minority government formed by the Conservative Party only six weeks after a general elections.Prime Minister Stephen Harper requested the Governor-General to prorogue parliament thereby delaying a possible change in government. Dissolution was not considered as the Governor-General felt
to put the Canadian people through an election before six months would have been irresponsible.

It has been slightly over a year since the general elections. Whether it is fair to drag the Perakians to the polls again would be a matter of interpretation.

Just an idea.

9 comments:

fearless said...

HL,

It is not wise to be fair to those trouble makers, they will take your fairness as weakness to kill you. Sure the Perak crisis will not go away, even if PR win in a by election, it will not end there, they will find some other issues to cause trouble. You should know their characters and what they are up to. Anyway it good for them to be busy and occupy at Perak, so that they don't have the time to cause trouble elsewhere. Just too bad for Perak's folks.

reanaclaire said...

firstly greetings from IPOH, Perak.. like u, i also dont know what and how the situation will end up to be here... all we can do is just pray.. for peace and harmony... not harmoney..

True Malaysian said...

As responsible rakyat, let's condemn disgraceful behaviour of elected representatives be they from PR or BN.

In this particular case, we should not forget that all 31 elected assembly persons were made to sign an undertaking by the Raja Muda to co-operate and work together with the coalition before he installed them and all had signed accordingly.

A year or so later, we had 3 of them breaking their signed written pledge to the Raja Muda and also their open declaration at press conferences to only vote for policies beneficial to their constituents irrespective of the party.

In allowing these 3 assembly persons to sign fresh declaration in support of another coalition and used them to form the numbers to rule the State, should we not be concerned, when such disgraceful behaviour is encouraged by the Monarch we hold dear and in high esteem, more so, when it is capitalised by the party we had voted to rule the MAIN government.

In this sense, can we still expect good governance with the Rakyat's interest in mind and not personal's or party's.

For whatever the reason, don't we think a fresh snap election is the best way to eradicate such
shameful happening.

Again, there is no guarantee that the government will be returned to PR. BN has equal opportunity to win.

I am sure, all will agree, the party that win, will then be able to rule with pride and dignity for then they are THE CHOSEN ONE.

I repeat, as responsible rakyat, it is our duty to ensure that elected representatives no matter which party they belong to, should be encouraged to have sense of honour and moral values, otherwise good governance and rakyat's interest is certain to go down the drain.

eddy said...

Bro I think the Legal suits and counter suits and appeals and cross appeals started by the exMB Nizar and the ex-Speaker Sivakumar must be disposed of all the way to the the Federal Court first.

Only then, I believed the DYMM Sultan who was our former Lord President will make a decision(s) which will be wise and beneficial for the rakyat of State of Perak which will hopefully be respected by both BN and Pakatan, especially Pakatan.

Anonymous said...

How very convenient for you to dig up Tommy Thomas' skeleton. I've done some digging as well and found a few myself. I wonder what do you have to say about the Court of Appeal judge, Ramli Ali, the judge that gave Zambry a stay within 3 hours?

Quote “Well, he is a Lingam appointed judge. A former Chief Registrar of the courts. When Lingam was talking to the disgraced Fairuz on how they were to manipulate the judiciary and appoint their cronies into the bench, Lingam said that Ramli was among the three preferred to be appointed by him. The other two were Datuk Heliliah Mohd Yusuf, a former Solicitor-General and Datuk Ahmad Maarop, a former commissioner of Law Revision. They were appointed as directed by Lingam and agreed upon by Vincent Tan and Mahathir on February 1. 2002. ”

Regarding TT's cooking, how come you do not have any counter argument about what he has to 'cook'? Or do you actually agree with him that UMNO have actually made a critical error in the way Perak DUN has been orchestrated?

Dont you think its funny how, nowadays, whenever a reporter asked Najib on Perak's situation, he would 'ping-pong' the question back to Zambry as if it was a disease he want to have no connection with.

Not to mention the MP that defects from PR. 2 of them is on corruption charges and another self-exile greedy woman who dare not face her own constituency.

So next time, if there’s any corrupted PR MP on trial, they can just cross over to BN and their charges gone?

If BN think that what they’re doing is for the good of the people, then why the denial of the people’s right to hold a state election. Have you not seen the poll conducted in NTV7 where a whopping of 99% voted for a fresh election in Perak case?

And what’s with all the slogan of 1MALAYSIA, RAKYAT DIDAHULUKAN, PENCAPAIAN DIUTAMAKAN. What a hypocrite

Even in TheStar poll, 74% call for a new election. If you do not believe that that is what the people wanted, do a poll yourself.

Inspiron

Hantu Laut said...

eddy,
I agree with you all legal avenues must be exhausted.

Some people seem to think judge don't make mistake.That's why we have many different heirachy in the justice system, to correct the wrongs of judges that have erred in their judgement.

In the communist system there is only one court, if you are found guilty of a capital offence, you are dead meat, execution takes place almost immediately.

Maybe, that's what Pakatan supporters prefer.

eddy said...

Anonymous Inspiron, the Star polls says 74% calls for a new election in Perak? Typical "pick and choose what they like" syndrome of Pakatan supporters.

Not final lah try the polls in Utusan Malaysia, Berita Harian. The results will be way different....No elections in Perak should be held but a DUN to be convened immediately to sack Nizar as MB.

Hantu Laut said...

eddy,
I must say either UMNO supporters are too lazy or too poor to afford computers.

Anonymous said...

Tsk tsk Eddy, you called me a typical "pick and choose what they like" PR supporter. But you have to admit that I'm stating my points with facts.

You on the other hand, even if you have no facts to support your point, it is OK but to ask me to go Holland. There is no such poll in Utusan and BH online!

Here's another poll:
Quote: "Chinese Paper "Kwong Wah Yit Poh" came out today, front page headline --- 90.2% of the Perak voters want a statewide election !!

The paper discloses that they carried out their own polling, and over 1000 voters of Perak participated in their poll."

Instead of just the usual name-calling(typical BN supporter, doesn't suprise me), I would appreciate if you have anything to say to my post. A point-by-point rebuttal would be the best (but I'm not expecting much)

Say Hantu Laut, nothing to reply as well? I'm sure you can do better than that.

Mark my word, if there is a state election in Perak, PR would get a comfortable 2/3 majority lead. I'm not wishing it, but it is a fact if you analyse the result of 308 election. Even a minimum 45 seat would not be a problem.

Inspiron