Hantu Laut
'Law' is a system of rules. Most of us know that.There are many types of law.Let us not get into details. The sheer enormity of the number of laws in existence would put many simpleton like you and me in a state of quandary.That's why we need lawyers to interpret the law or rather the rule of law.That's why you need the services of a lawyer when you are in trouble with the law.They are the experts with the know-how to defend and protect your interests in criminal or civil cases brought against you.
Different lawyers interpret the law differently.That's why you have good lawyers and bad lawyers.Than you have what the Malays called the 'lawyer buruk', people like me who are not trained in law but self-trained in making my own interpretations for the kicks of it.Than at the bottom of the pile you have the trained and seemingly learned 'lawyer buruk' who went to law school and came back none the better and none the wiser. This group would fall into the 'half-past-six' category.
Many of you would have probably heard of Lord Acton, the British historian and politician and one of his famous quotes "Power tends to corrupt, absolute power corrupts absolutely".
The corruptions of power were not only confined to the highest office but exists almost every where in this country, including little flies in many government departments, who become little napoleons with that little power that they may have.Than you have those with unlimited power like the Speaker of the Perak Legislative Assembly who sacked the menteri besar appointed by the Sultan.
Can the speaker use his arbitrary power to suspend those assemblymen for such long period.Is his vast arbitrary power the result of a badly written rules or was it tailored for the British system which we inherited in essence but not in spirit.
The Perak political crisis has attracted multitude of the learned, the half-baked and the buruks, making different interpretations of the law. It has raised more questions than answers.It has created more confusion than revelation of the mechanics of the law.
It is just amazing how diverse and contradictory the legal fraternity can get with their interpretations. Below are some of the comments made by people you would expect to know the subject well. These are professionals. Read them and see whether you came out better informed or more fucked in the head.
1.The Perak Crisis: Two options for Barisan Nasional, say lawyers
2. Suspension of MB, Exco can't be legally challenged: Bar Council
3.Perak speaker erred,
4.The Perak Crisis: Action is treason, says Zahid
5.Bar: Go back to the people
6.Perak Speaker has suspension powers, says legal expert
As Lee Kuan Yew, himself a lawyer, said in one of his New Year's messages many years ago when he was still prime minister that the very bright and intelligent ones go for medicine, engineering and architecture while the not so bright would probably go for law.
Was he trying to be modest or was there truth in his message?
Friday, February 20, 2009
Thursday, February 19, 2009
Speaker More Powerful Than Sultan ?
Hantu Laut
Lack of experience and ignorance of rules and procedures is making life more and more difficult for Pakatan. Whether it is ignorance, arrogance or defiance, it has thrown the state of Perak into serious constitutional crisis.
Perak's Speaker of the Assembly V.Sivakumar abusing the rules and procedures of the assembly to keep Pakatan in power is shocking and unprecedented. His attempt through malfeasance to overthrow a government constitutionally appointed by the Sultan is making mockery of the Sultan's constitutional powers.
The job of a speaker is to ensure members of the house abide by the standing orders and sits as chairman of the 'committe of privileges'. It is not his job to take sides. He must be seen to be fair, impartial and without bias. He is speaker of the house representing all the members, not just Pakatan.If he can't carry on his duties fairly and without malice than he should tender his resignation.
The Speaker V.Sivakumar is now the most powerful man in Perak, more powerful than the Sultan of Perak.He can appoint and sack Menteri Besar and government. His impertinence is a slap in the Sultan's face.As Speaker of the assembly he must be seen to be fair, impartial, show no bias and must ensure the proceedings of the house are in accordance with rules and procedures of the assembly and that of the State and Federal Constitution.
This show of disrespect for the Sultan is a threat to the constitutional monarch and making mockery of the State and Federal Constitutions. Amazingly, some legal minds think the Speaker has the right to suspend those assemblymen to keep an illegal government in power.You can read the great minds here. Making general assumptions without quoting the relevant autority. This learned law professor may have forgotten that the whole Pakatan government had fallen when the Sultan deemed that Menteri Besar Nizar Jamaluddin had lost the confidence of the majority members of the assembly and refused to dissolve the assembly.A new government and new menteri besar had been installed that the Sultan in his judgement deemed to command the majority support of the members of the house.
What the Speaker should have done is to ask for the assembly to be convened and to be attended by all assemblymen. Pakatan can, if they so wish, try to pass a vote of no confidence at the new menteri besar. A simple majority would suffice.
Under such situation few things can happen. The BN ignore the suspension and continue governing the state (not optimal choice), the Sultan dissolves the assembly and call for fresh elections (possible but unlikely), BN take the case to court or as last resort the Federal government can request the Agong, if he is satisfied such emergency exists, to impose emergency rule in Perak.
Or if the BN is confident of majority support of the members they should call for the assembly to be convened and remove Sivakumar as speaker.
Lack of experience and ignorance of rules and procedures is making life more and more difficult for Pakatan. Whether it is ignorance, arrogance or defiance, it has thrown the state of Perak into serious constitutional crisis.
Perak's Speaker of the Assembly V.Sivakumar abusing the rules and procedures of the assembly to keep Pakatan in power is shocking and unprecedented. His attempt through malfeasance to overthrow a government constitutionally appointed by the Sultan is making mockery of the Sultan's constitutional powers.
The job of a speaker is to ensure members of the house abide by the standing orders and sits as chairman of the 'committe of privileges'. It is not his job to take sides. He must be seen to be fair, impartial and without bias. He is speaker of the house representing all the members, not just Pakatan.If he can't carry on his duties fairly and without malice than he should tender his resignation.
The Speaker V.Sivakumar is now the most powerful man in Perak, more powerful than the Sultan of Perak.He can appoint and sack Menteri Besar and government. His impertinence is a slap in the Sultan's face.As Speaker of the assembly he must be seen to be fair, impartial, show no bias and must ensure the proceedings of the house are in accordance with rules and procedures of the assembly and that of the State and Federal Constitution.
This show of disrespect for the Sultan is a threat to the constitutional monarch and making mockery of the State and Federal Constitutions. Amazingly, some legal minds think the Speaker has the right to suspend those assemblymen to keep an illegal government in power.You can read the great minds here. Making general assumptions without quoting the relevant autority. This learned law professor may have forgotten that the whole Pakatan government had fallen when the Sultan deemed that Menteri Besar Nizar Jamaluddin had lost the confidence of the majority members of the assembly and refused to dissolve the assembly.A new government and new menteri besar had been installed that the Sultan in his judgement deemed to command the majority support of the members of the house.
What the Speaker should have done is to ask for the assembly to be convened and to be attended by all assemblymen. Pakatan can, if they so wish, try to pass a vote of no confidence at the new menteri besar. A simple majority would suffice.
Under such situation few things can happen. The BN ignore the suspension and continue governing the state (not optimal choice), the Sultan dissolves the assembly and call for fresh elections (possible but unlikely), BN take the case to court or as last resort the Federal government can request the Agong, if he is satisfied such emergency exists, to impose emergency rule in Perak.
Or if the BN is confident of majority support of the members they should call for the assembly to be convened and remove Sivakumar as speaker.
Perak's No Government Blues
Hantu Laut
The Speaker of the Perak Legislative Assembly V Sivakumar has suspended the newly sworn in excos including new Menteri Besar Ramly Zahary for 12 months. Is he going according to procedures or acting with malice?
The Speaker has created a crisis situation, a stalemate.Perak has no government.Sivakumar could be made to answer on what disciplinary ground the 6 excos were suspended.The 6 was appointed following the appointment of a new menteri besar and a new government by the Sultan.By procedure Sivakumar should continue to act as Speaker of the house in a new government and should act impartially and with out malice.It should be business as usual and he should act as Speaker for the house and not as speaker for Pakatan. It was clear his action was to dwindle the number of BN assemblymen and to give Pakatan a majority sitting in the house for the next 12 months.
Is it going to happen, will Pakatan be back in the government? Was the speaker acting beyond his powers and his action construed as illegal.
If the impasse continue than Perak is moving toward emergency rule.The Federal government can go to the Agong and ask him to declare emergency in Perak under Article 150 of the Federal constitution.
The Speaker of the Perak Legislative Assembly V Sivakumar has suspended the newly sworn in excos including new Menteri Besar Ramly Zahary for 12 months. Is he going according to procedures or acting with malice?
The Speaker has created a crisis situation, a stalemate.Perak has no government.Sivakumar could be made to answer on what disciplinary ground the 6 excos were suspended.The 6 was appointed following the appointment of a new menteri besar and a new government by the Sultan.By procedure Sivakumar should continue to act as Speaker of the house in a new government and should act impartially and with out malice.It should be business as usual and he should act as Speaker for the house and not as speaker for Pakatan. It was clear his action was to dwindle the number of BN assemblymen and to give Pakatan a majority sitting in the house for the next 12 months.
Is it going to happen, will Pakatan be back in the government? Was the speaker acting beyond his powers and his action construed as illegal.
If the impasse continue than Perak is moving toward emergency rule.The Federal government can go to the Agong and ask him to declare emergency in Perak under Article 150 of the Federal constitution.
Wednesday, February 18, 2009
The Battle For Tiga Bukits
Hantu Laut
Was it mere coincidence or God has sent divine message to both BN and Pakatan that they have three monumental tasks ahead of them, to climb three bukit (hills) to prove which of them worthy of the people's trust. First, it was Bukit Gantang than came Bukit Selambau and the next one very likely Bukit Lanjan if Elizabeth Wong went ahead with her resignation.
Elizabeth has shown exemplary conduct rarely seen in Malaysian politics, taking responsibility for something she had no control of and scarifies her political career for the party and nation. The supercilious voices have called for her resignation and blamed her for choosing the wrong mate as a lover.These pseudo-moralists can't tell the difference between a person with low morals and those made victims by the immorality of others.Little things please little minds. Such vacuous remarks only show bias and immaturity.
What Elizabeth did by offering her resignation without being pressured to do so will boost the support for Pakatan in the by-elections.She has not been an encumbrance to her party.Although, she is new in politics, the overwhelming calls for her to stay was a reflection of her good stead and good standing with her peers and the people.
The fight in Perak and Kedah could be close but the bukit in Selangor would be a tough one for BN to climb.
Was it mere coincidence or God has sent divine message to both BN and Pakatan that they have three monumental tasks ahead of them, to climb three bukit (hills) to prove which of them worthy of the people's trust. First, it was Bukit Gantang than came Bukit Selambau and the next one very likely Bukit Lanjan if Elizabeth Wong went ahead with her resignation.
Elizabeth has shown exemplary conduct rarely seen in Malaysian politics, taking responsibility for something she had no control of and scarifies her political career for the party and nation. The supercilious voices have called for her resignation and blamed her for choosing the wrong mate as a lover.These pseudo-moralists can't tell the difference between a person with low morals and those made victims by the immorality of others.Little things please little minds. Such vacuous remarks only show bias and immaturity.
What Elizabeth did by offering her resignation without being pressured to do so will boost the support for Pakatan in the by-elections.She has not been an encumbrance to her party.Although, she is new in politics, the overwhelming calls for her to stay was a reflection of her good stead and good standing with her peers and the people.
The fight in Perak and Kedah could be close but the bukit in Selangor would be a tough one for BN to climb.
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