Hantu Laut
Nizar is again in defiance, from saying he respects the Court of Appeal decision he has now made about-turn and insisted he is the lawful MB and should be in office, probably after listening to advices from the constitutional experts in DAP.
One of his state executive councillors Thomas Su said that while PR accepted the decision of the Court of Appeal, they were unsure as to what it really meant.
His counsel Leong Cheok Keng said "The High Court ruling was not an order to act which can be stopped by staying it. It is not like paying damages where you can halt the payment until a decision has been made," explained Leong.
Mister Leong is a lawyer. It may have escaped his mind that the Court of Appeal is a higher court.The course of justice can only be exhausted at the highest level, the Federal Court.
Surprisingly, all these interpretations came from so-called learned people who are well-versed in the laws of the land but prefer to juggle and muddle it to suit their own agenda.
It is very clear what 'stay of execution' is all about, that the 'status quo' remains until the case is heard and disposed off.Nizar's lawyer should know that he can apply to put aside the 'stay' but instead prefers to confuse the matter for public consumption and gain points in the court of public opinion.
Whether the court will agree or not is a different matter.As I have said in my earlier posting there will be suits and counter suits and all these will not resolve the problem other than making it worse.
The crisis in Perak has turned into a high-flying trapeze and showcase the most shameful act of greed for power, humiliation of the constitution and disrespect of the powers of the Sultan.
The Sultan is in a situation of 'fait accompli' where what he has done can't be undone.Insisting on a dissolution is again showing disrespect to his rights under the Constitution.Both parties should find other solution to resolve the impasse.
Both Pakatan and BN should put aside their differences and cease all legal tussles and any further power grab. Both Nizar and Zambry should cease to be menteri besar. A lawmaker from among them whom both sides are comfortable with should be made as caretaker menteri besar until an amicable solution is found. The caretaker menteri besar will choose among them equal number of lawmakers from both sides to form his exco. To ensure independence and impartiality the lawmaker nominated to be menteri besar should resign from his party.
Perak can take a leaf out of Sabah history book.
In 1965, the political feud between the late Tun Mustapha and the late Tun Fuad Stephens (formerly Donald Stephens) for the Sabah chief ministership was resolved with the appointment of Peter Lo as caretaker chief minister. Peter Lo, from the minority party SCA ( Sabah Chinese Association), a coalition member of the Sabah Alliance served from 1965 to 1967 until the crisis was resolved and Mustapha took over as chief minister.
The crisis in Perak has become a political turmoil causing disharmony and hatred among the people.
Maybe, it's time to smoke the peace pipe.
Wednesday, May 13, 2009
Tuesday, May 12, 2009
Perak Crisis Round 2: Back To Square One
Hantu Laut
As I have said earlier the Perak crisis will enter Round 2.
Today, the Court of Appeal has granted Zambry the BN backed MB a stay of execution and to continue as MB until the case is disposed off.
It's back to square one for Nizar. There will be appeals and counter appeals.The constitutional jugglers and peddlers would continue to spin their own version of the constitution.
Unfortunately, the joy, a flash in the pan, was short-lived for Nizar, Pakatan and their supporters.It's back to spit and sputter for Pakatan supporters on unfair judiciary, political intrigue and a tale of cloak and dagger of the BN government.
Maybe, someone in Pakatan can suggest some street demo and civil disobedience to maintain their political culture of defiance.Well, let's hope they respect the court's decision.
Round 2 will be slow and painful for Pakatan.
As I have said earlier the Perak crisis will enter Round 2.
Today, the Court of Appeal has granted Zambry the BN backed MB a stay of execution and to continue as MB until the case is disposed off.
It's back to square one for Nizar. There will be appeals and counter appeals.The constitutional jugglers and peddlers would continue to spin their own version of the constitution.
Unfortunately, the joy, a flash in the pan, was short-lived for Nizar, Pakatan and their supporters.It's back to spit and sputter for Pakatan supporters on unfair judiciary, political intrigue and a tale of cloak and dagger of the BN government.
Maybe, someone in Pakatan can suggest some street demo and civil disobedience to maintain their political culture of defiance.Well, let's hope they respect the court's decision.
Round 2 will be slow and painful for Pakatan.
Nizar Should Go Back To The Assembly
Hantu Laut
Nizar should go back to the assembly to show that he has the majority support of the members to continue as menteri besar and that Pakatan has control of the house.Then there would be no need for him to ask for dissolution.
A dissolution is not necessary unless there is a stalemate in the assembly.The Regent should ask Nizar to prove his claim that there exists a stalemate. The assembly must reconvene without any members being barred from attending it.
The sacking of the two assemblymen that crossed over to the BN was illegal as the pre-signed undated letter of resignation was considered illegal (a precedence in Sabah) and goes against Article 10 of the Federal Constitution.
The last say is still the Sultan.Dissolution may or may not be granted.
Nizar should go back to the assembly to show that he has the majority support of the members to continue as menteri besar and that Pakatan has control of the house.Then there would be no need for him to ask for dissolution.
A dissolution is not necessary unless there is a stalemate in the assembly.The Regent should ask Nizar to prove his claim that there exists a stalemate. The assembly must reconvene without any members being barred from attending it.
The sacking of the two assemblymen that crossed over to the BN was illegal as the pre-signed undated letter of resignation was considered illegal (a precedence in Sabah) and goes against Article 10 of the Federal Constitution.
The last say is still the Sultan.Dissolution may or may not be granted.
A Test For Nizar: Round 1 BN K.O Round 2 ?
Hantu Laut
Will Nizar be granted dissolution of the state assembly when he meets the Regent to morrow?
The Sultan can dissolve the assembly or ask Nizar to reconvene the assembly and put to the test whether he still command the majority support of members of the house.If he does than there is no need for a dissolution.
Going back to the house could prove fatal for Nizar.
Don't forget judge can err in their judgment.
Round 1 BN K.O.
There is still Round 2 or even Round 3.
The good thing is there is no demonstrations and street protests by UMNO and its supporters.
Will Nizar be granted dissolution of the state assembly when he meets the Regent to morrow?
The Sultan can dissolve the assembly or ask Nizar to reconvene the assembly and put to the test whether he still command the majority support of members of the house.If he does than there is no need for a dissolution.
Going back to the house could prove fatal for Nizar.
Don't forget judge can err in their judgment.
Round 1 BN K.O.
There is still Round 2 or even Round 3.
The good thing is there is no demonstrations and street protests by UMNO and its supporters.
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