dissolve the perak state assembly!


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1black_msiamany articles here, all calling for the dissolution of the perak state assembly

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UPDATED 16 MAY

Malaysiakini

Muslim NGOs warn of potential unrest over impasse
Humayun Kabir | May 13, 09 7:09pm

A coalition of non-governmental organisations in Perak have warned that unrest could erupt if the ruler does not dissolve the state assembly and call for a fresh elections.

They said the people of Perak may become frustrated with the continued denial of their rights in choosing a state government of their choice, and may spark off a similar situation like what happened in Thailand.

Speaking a forum in Ipoh this afternoon, JAMA’IY Negeri Perak (a coalition of Muslim NGOs) assistant secretary Mohd Nazri Sahat said that is not what Perakians want but the "negative possibilities" are there.

"This political uncertainty has led to the collapse of the state’s economy, the social structure and state administration and investors are shying away from our silver state.

"The Sultan of Perak must take into consideration the plight of his subjects who are suffering economically, emotionally and fearful for their political safety," he said.

"His highness must correct and stabilise this political storm which is slowly destroying the everyday life of every citizen," he added.

Nazri regretted that no action was taken by the palace to address the grievances of the NGOs when they first submitted a memorandum containing 10,000 signatures on Feb 19 calling on the sultan to intervene in the state’s political crisis and find an amicable solution.

A similar memorandum of 5,000 signatures was also submitted to the sultan’s secretary on May 6.

He said the front of Perak NGOs started with 25 NGOs on Feb 19 and later expanded to 43 consisting of 16 Chinese NGOs and 27 Malay NGOs and today the number has swelled to 50 with seven Indian NGOs joining the force.

Nazri said their target is 100 by uniting all the NGOs together in the state.

No more memorandums

Another speaker, Perak Indian Social Network (PINSO) committee member A Tingaran was more direct.

"Enough of giving memorandums and petitions which will not work. An ultimatum must be given with a time frame for the palace and state government to work on it as it is the people who are suffering economically now," he said.

ABIM Perak chairperson and  JAMA’IY deputy president Suhaimi Latip said: "Snap election is the best way to solve the political crisis in Perak."

He said the political storm was generated by political parties with the concept of  "the end justifies the means."

Gabungan Solidatari Rakyat (Gasra) vice president Jenapala also expressed that submitting memorandums to the sultan will not work and instead called on Perakians to get ready for the next state election.

ORIGINAL POST

Tengku Razaleigh’s official weblog
Dissolve the Perak state assembly

On Feb 7, I wrote that a shameful scene was unfolding in Perak and maintained that despite the “takeover” of the state government by Barisan,

According to the Constitution, Datuk Seri Nizar Jamaluddin is Menteri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the assembly. The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority.

Today, after three months and yet more shameful scenes, the High Court affirmed the same elementary principle, and held that Datuk Seri Nizar has been and remains the Menteri Besar.  As Justice Abdul Aziz Abd Rahim put it: “He is, and was, at all material times the chief minister of Perak.”  The High Court also ordered Datuk Seri Zambry Abdul Kadir and his executive officers to vacate their offices, and rejected an application from Zambry for a stay of proceedings pending an appeal.

The High Court has thereby affirmed the primacy of the Constitution.

This judgement brings to a head some of the consequences of our constitutional misadventure in Perak.

The government led by Datuk Seri Zambry was all along illegitimate and all decisions and contracts made by that government are without legal status.  The cascade of illegalities we warned of must now be unwound painfully. This includes the deplorable events of May 7 in Ipoh.  It means the resolution to replace the Speaker was brought by an illegal state government.

The Sultan, and the monarchy itself, is embarrassed by this episode, as well as by a systematic programme by some to inflame this issue into one of race and treason. Such attempts only hurt the institutions they claim to protect, and they hurt Umno and BN. The real issue was always the Constitution and the Rule of Law, and the monarchy is protected in its role of upholding the primacy of the Constitution and the will of the people.

We now hope that the Sultan agrees to dissolve the Assembly. This is the decent thing to do, but also the only way out of a crisis which has already spiralled out of Perak,  damaged the rule of law, compromised the judiciary, the police and the state civil service, and damaged the monarchy in public opinion.

Umno is not well served by leaders that place short term political objectives above the Constitution. Our ideals are cheated when the monarchy we claim to protect is brought down to the level of desperate political manoeuvres that discredit us at home and abroad. We have no future as a party if we are seen as being against the people rather than for them. Those unable to rise above narrow party interests to understand what happens to a country when a government loses respect for the law might still like to consider this:  it is better for BN to risk state elections that we may lose rather than to lose the entire country by being seen to be opposed to decency, the rule of law, and the will of the people.

also, see ‘what is at stake at the perak crisis’

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Malaysiakini
MCA, Gerakan want fresh polls
May 12, 09 7:17pm

As the imbroglio in Perak grows messier with each passing day, Barisan Nasional leaders are also growing weary and some agree with Pakatan Rakyat’s demand for a fresh polls.

Dr Chua Soi Lek noted that there are three ways to end the stalemate – the court, the state assembly and elections.

Personally, the former health minister felt that a fresh polls is the best remedy.

“Let the rakyat decide, and once and for all, we resolve this problem which is not doing anybody any good,” he said in a posting on his blog.

Echoing a similar view, Gerakan secretary-general Teng Chang Yeow called on the BN leadership to "explore and seek political solutions rather than pursuing legal recourse only".

"Political options to be considered may include allowing the minority (28-seats) Pakatan Rakyat government to continue functioning and going for the next legislative assembly seating,

"Or even concurring with the proposal to dissolve the Perak assembly and let the electorates decide on the government of their choice," he said in a statement.

DPM declines to rule out fresh polls

Teng reminded the BN leadership to consider the political implications on the nation before pursuing the legal avenues.

"While the BN leadership maintains that our focus now is on the economy, how can we do so effectively if the Perak situation keeps worsening and generates negative perception and reaction from the people?" he asked.

Meanwhile, Gerakan central committee member Hsu Dar Ren also urged both BN and Pakatan to agree on a fresh state election.

"In my view, it is the only sensible solution to the problem," he said.

"The decision on who should form the rightful government should no longer be decided in court  but rather by the people of Perak, going by the very basic principle of democracy," he added.

Meanwhile, Deputy Prime Minister Muhyiddin Yassin signalled that a compromise solution could be sought, saying that the impasse in Perak which has stalled government business was not in the public interest.

"We are worried if there is no comprehensive approach to tackle the problem because it has dragged on for so long, so maybe all the parties could look at other approaches," he said according to the official news agency Bernama.

In comments made before today’s ruling, Muhyiddin also declined to rule out fresh elections – which until now have been vigorously opposed by the coalition.

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Malaysiakini
Suhakam calls for state election
May 12, 09 4:20pm

The Human Rights Commission (Suhakam) has joined the ever increasing chorus calling for fresh state elections to resolve the political stalemate in Perak.

In a statement today, Suhakam chairperson Abu Talib Othman noted that the situation has deteriorated to a point which required the services of the ballot box.

"It is very unlikely that the Perak issue will be resolved unless power is given back to the people. Court actions will not necessarily resolve the political situation in the state," he said.

The former attorney-general also quoted Dewan Negara president Dr Abdul Abdul Hamid Pawanchik, who said: "The political situation in Perak has reached a stage that required the people to choose again."

Describing it as a basic human right to choose the government of choice, Abu Talib noted that only a stable government would be able to ensure the right to peace and development.
               
The Suhakam chief also lambasted the police and civil service for "acting in concert with the government that has assumed power in controversial circumstances, showing complete disregard for human rights".

He said governments might change but those who serve in the police and administration must remain loyal to the wider interest and respect human rights rather than the narrow interests of individuals who form the government of the day.

"When the elected members of the assembly met and challenged each other in the August House, the police were busily engaged in ‘maintaining public order’.

"Outside, passive demonstrators dressed in black to mourn the violation of their rights to assemble peacefully, were particularly provoked and manhandled," he said.

Pose a dark shadow

Abu Talib also noted that the state assembly was convened on May 7 even when the court was only to decide on who the rightful menteri besar four days later.

"The pre-emptive proceedings, the motion to sack the legitimate speaker and his removal from the House and the action of the police force have caused much concern to the people at large.

"It somewhat makes us wonder whether service to the people is subordinate to service to political interests," he said, adding that the Kuala Lumpur High Court’s decision to declare Pakatan Rakyat’s Mohammad Nizar Jamaluddin as the legitimate menteri besar has further complicated matters.

"Malaysia is a democratic country based on human rights and rule of law. The political disturbances in Perak would no doubt pose a dark shadow over our efforts to promote democracy and human rights in Malaysia."

Abu Talib said two of the greatest gifts endowed by God to his creatures are the sense of sight and hearing.

"Without these there is no learning and progress. It is very encouraging that the government under the leadership of Najib Abdul Razak is prepared to listen to dissenting views.

"Hopefully, the government would also tolerate and appreciate peaceful public demonstrations against unpopular polices and actions."

Continue wearing black

In a related development, the Coalition for Clean and Fair Elections (Bersih) has called on Malaysians to wear black until the state assembly is dissolved.

"Bersih hails the Kuala Lumpur High Court’s decision to affirm the legitimacy of Nizar as menteri besar as the first glimmer of hope which will hopefully spell the end to 1BlackMalaysia.

"The ball is now in the palace’s court and the Perak Regent must make the right decision," it said in a statement.

Reiterating that fresh elections are the only way to end the constitutional crisis, Bersih called upon Barisan Nasional’s Zambry Abd Kadir to "fully concede that his illegitimate journey to power has come to an end".

The coalition also warned Zambry against an attempt to reconvene the legislative assembly to pass a motion of no-confidence against Mohd Nizar.

"Such an attempt would only result in more legal suits. In any case, even if a vote of no-confidence is passed, the menteri besar can still appeal to the ruler to dissolve the state legislature. So, the ball remains in the palace’s court," it added.

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Malaysiakini
Sultan, please dissolve the assembly
May 12, 09 7:48pm

your say

Let the Sultan of Perak dissolve the state assembly and we, the ‘Perakians’ decide who we want, and stop the shameful power grabbing and turning Perak into a police state.

On Zambry gets stay order, state in limbo

The Dark Knight: What did I tell you people? This issue will continue on and on until both parties have exhausted every ounce of the people’s will and ruin the country completely. Both sides will not stop until there is nothing left! It’s ironic that human beings aim for survival and yet they impliedly join a suicide club.

It’s ironic, it’s rethorical and it’s pathetic, really. The only means to freedom is outright revolution.

Chong Leong: It is reported that the Court of Appeal’s Datuk Ramly sat on his own when granting the order of stay against Nizar being declared the rightful Menteri Besar of Perak. This is in contravention of Section 38 of the Court of Judicature Act 1964, which provides that every proceeding in the Court of Appeal shall be heard and disposed of by three judges or such greater uneven number of Judges as the president may in any particular case determine.

And a judge of a certain panel of three or more uneven number may be excused to a number no less than two, according to section 42 of the same act. So it seems the stay order against Nizar is not in order. Even worse, it may be seen as tainted and made in haste just to preserve certain persons in power. Just when we are regaining some hope with the judiciary, all is done to erode that little glimpse.

Ganasan: The Court of Appeal was formed hastily to hear Zambri’s appeal. Why such a haste in hearing the appeal? Why did the courts took three months to hear Nizar’s appeal whereas it could hear Zambri’s appeal instantly? Do we expect a favourable verdict for the citizen of Perak?

It is not for the Politician or Courts to decide. Let us the Perak citizen decide once and for all. The fight is now between the People of Perak (Pakatan) and the tyrant (Umno).

Let the Sultan of Perak dissolve the state assembly and we, the ‘rakyat’ decide who we want and stop the shameful power grabbing and turning Perak into a police state.

Michael: Nizar should be allowed to serve as MB as per the wishes of the majority of the Perakians, and not the ‘disputable-majority’ of the state lawmakers.

Ahmad Kamal: What Najib and Zambry had done by filing an appeal is to thwart state elections. One does wonder if there is something else being conjured by filing an appeal. Every litigant off course has his right of appeal but an appeal in the circumstances of the strange case of the two MBs will never go down well in history and in the history of Umno.

Najib should be well-advised to step back and allow fresh elections for Perak’s legislature. But he did not, which for all intents and purposes as the rakyat rightly observed, is one more example of the complete lack of common sense of Umno and Umno under Najib.

Arianna: I am calling on the Sultan of Perak, Prime Minister Najib Tun Razak, Zambry, the judiciary and Nizar: Stop these nonsense! Isn’t it enough your actions have caused untold pain to ‘Perakians’ and Malaysians in general? Where is your honour?

Isn’t it enough that your actions have bring shame on the country by making our nation a laughing stock with all these political circus? Have you forgotten that this country of ours, Malaysia, are made up of 27 million ‘rakyat’ whom you are answerable to? Or do you think this country belongs to you, you alone?

Let the ‘rakyat’ decide their own leaders and government.

Sang Kancil: This is a typical attitude of BN/Umno gangs. They just can’t accept defeat. Don’t tell me the learned High Court justice’s decision is wrong. Najib and Zambry together with all his cronies are living in the state of illusion and suffering from severe irreversible schizophrenia.

Hope the Sultan or Regent of Perak will make wise decision and intervene to restore the confidence towards the Royalty.

My advise to BN/Umno: This is just a start. You will be seeing more and more defeats, and the greatest defeat will come in 2012/2013. That is the final match and I predict , you all will lose to the ‘rakyat’ badly.

A little bit better than idiot: Well done Dr M! You’d successfully put the final nail on BN’s coffin come 13th GE. Be prepared to migrate somewhere else before 13 GE if you all don’t want to face the consequences.

Wai: Now the fake MB (Zambry) gets a stay order. What now? Will he call for an emergency seating and table a motion of no confidence on Nizar? If yes, what then? Will he continue with the appeal? If he drop the appeal, does it mean that Nizar is still the MB? And if he continue on with the appeal, when will the case end? Until the next general election, I dare say.

I told a few friends that Malaysia, not only Perak, is going to hell in a hand full of basket-cases because we have morons in government trying to topple each other instead of running the country.

Baiyuensheng: On what basis the appeal court judge based on to derive his action, one wonders. It’s a sad day for our judiciary — either it’s dominated by a bunch of smart people or otherwise.

Rajanathan: It’s sickening to know what is happening in Perak. Even the justice system of Malaysia is playing politics. Taking the ‘rakyat’ for a ride. They, the politician, the police and the justice system forget that they are the employee of the ‘rakyat’ who is the rightful government. What a disaster wasting our hard-earned money for their pleasure.

Balakrishnan: Pakatan is only seeking to dissolve the assembly and let the choice of the new state government be mandated by the ‘Perakians’ — not to hold on to power for selfish or vested reasons. Why does BN want to cling and tussle to power themselves in the state government? Why deny this mandate to the people? Is the govenment for the people or for respective political party? Further embarrassment might be incurred to the royalty respectively. Stop this limbo and don’t deny the people right of a new choice.

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Malaysiakini
VoxPop: Now let ‘Perakians’ decide
May 12, 09 12:22pm

vox populi

Dissolving the state assembly and return power to the people of Perak to elect a government of their choice would set an example to the world that democracy is thriving.

On Najib: BN to appeal against decision

The Dark Knight: I think it is you (Najib) who is the most over-excited person concerning this matter. And what’s the problem to be solved here? Don’t you mean, "I will solve the problem" like how you tried to solve the Altantuya problem, or the Anwar problem, or the Perak problem i.e. the coup?

The "problem" you’re "trying" to solve is your absolute dictatorship. You’d better file an appeal as soon as possible if you are determine to undermine democracy and separation of powers.

Peter Ooi: By now Najib should know that Perakians want to decide their fate by having a fresh election. If he feels he has the confidence of the ‘rakyat’, he should not hesitate to support the dissolution of the Perak assembly.

Why want to delay and cause more uncertainty for Perak? Let them decide once and for all and get on with their lives. This time around, let us hope that the Sultan of Perak will consent to the dissolution and break the impasse decisively.

Dian: So now the ball is on Nizar’s court. So will Raja Nazrin correct the wrong done by his father Sultan Azlan? My opinion is to lose face now than face another slap from the people. But then who am I to advise him that.

Zambry will go down in history as the shortest serving MB. I hope he loses his MP seat too.

The only winner in this ugly episode is none other than Hee Yit Foong, who had since become instant millionaire through the generous-neither-here-nor-there Muslim man, Vincent Tan.

Vincent Tan is not that generous if you know the truth behind his companies. Thirty percent belongs to UMNO, 30 percent to the two Tuns and 40 percent to him only. Well, he is not the only non-Malay holding UMNO’s money.

Baiyuensheng: There are so much criticism upon the Perak monarchy, either in the newspapers or the forums that I feel strongly to say a few personal thoughts — that the Perak monarchy and the Sultan is still the best among the royal houses. They are well educated, far-sighted and have always have the rakyat and the country at heart. They are the most learned royals and carried themselves with humility without the air of arrogance.

We should all be refrained in throwing comments unnecessarily. Decision, rightly or wrongly has been made in whatever circumstances that we did not have the privilege be in and understand the details.

I am still proud of the Perak monarchy, even-though I am not a Perakian. I prayed that the Sultan of Perak remains strong with dignity and courageous to lead and face whatever come they may.

John Johnson: Let’s get on with the job of ruling the state and adminstering the wishes of the people. Well done, Pakatan.

Vijayandhran: The powers that be have a golden opportunity to resolve the political impasse in Perak, restore faith in democracy and the constitution, uphold the good name of the palace institution and the important role it plays, all in one simple move — dissolve the state assembly and return power to the people of Perak to elect a government of their choice.

This will be a victory not only for Perakians and Malaysians but set an example to the world that democracy is thriving in Malaysia. After all, the ‘1Malaysia’ concept does say People First.

On Perak monarchy ’embarrassed’ by imbroglio

Ooi: Tengku Razaleigh deserves to be called a real leader among all BN and UMNO politicians. He is wise and willing to face up to the truth. At the onset of the crisis he had already said that Zambry is never the legal MB. Only BN refused to listen to his advice. If only they had and allow the assembly to be dissolved, the crisis would long be over. Perakians could get on with their lives.

At this point in time, let us hope that Najib would heed Tengku Razaleigh’s view. Forget about appealing against the court decision. Have a fresh election and save the Perakians of no more agony and uncertainties.

Appum: Well said Tengku (Razaleigh), as you demonstrated your wisdom and maturity in your comments albeit you are an UMNO MP. We can predict that the Perak Regent, the new young force, will give the green light to dissolve or the state will continue to be in an embarrassed , which benefits no one.

BN can, of course, appeal and reappeal one after One can see that the only solution as seen by so many people is to call for fresh elections.This time we are sure the Palace will make the right decision.

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Malaysiakini
Perak monarchy ’embarrassed’ by imbroglio
May 12, 09 9:09am

The Perak sultan and the monarchy have been “embarrassed” by the political imbroglio following BN’s grab of the state government three months ago, said veteran Umno leader Tengku Razaleigh Hamzah.

Razaleigh, who is uncle to the Kelantan sultan, said that the royalty had been hurt by the systematic attempts by some within Umno to inflame the Perak impasse into one of “race and treason”.

At last month’s Bukit Gantang by-election which Mohammad Nizar Jamaluddin contested and won, Umno had accused the ousted menteri besar of treason and described him as a stooge of key coalition partner, the predominantly-Chinese DAP.

“Such attempts only hurt the institutions they claim to protect, and they hurt Umno and BN,” said Razaleigh in his latest blog posting.

Commenting on the court decision yesterday to recognise Nizar as the lawful menteri besar, Razaleigh said the ruling had affirmed the primacy of the constitution.

“According to the constitution, Nizar is menteri besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the assembly.

"The constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority.”

Razaleigh hopes that the Perak sultan, who had earlier instructed Nizar to resign, will now agree to the Perak MB’s request to dissolve the assembly so that elections can be called.

“This is the decent thing to do, but also the only way out of a crisis which has already spiralled out of Perak, damaged the rule of law, compromised the judiciary, the police and the state civil service, and damaged the monarchy in public opinion.”

Nizar is to seek an audience with Perak regent Raja Nazrin Shah, who is representing the sultan.

It’s better for BN to risk state elections

The Umno leader said that Umno’s “constitutional misadventure” will have repercussions.

“The government led by Zambry (Abd Kadir) was all along illegitimate and all d
ecisions and contracts made by that government are without legal status. The cascade of illegalities we warned of must now be unwound painfully.

“This includes the deplorable events of May 7 in Ipoh. It means the resolution to replace the speaker was brought by an illegal state government.”

Razaleigh also ticked off Umno leaders for their political manoeuvres which have brought odium to both the monarchy and country.

“Our ideals are cheated when the monarchy we claim to protect is brought down to the level of desperate political manoeuvres that discredit us at home and abroad. We have no future as a party if we are seen as being against the people rather than for them.

“Those unable to rise above narrow party interests to understand what happens to a country when a government loses respect for the law might still like to consider this: it is better for BN to risk state elections that we may lose rather than to lose the entire country by being seen to be opposed to decency, the rule of law, and the will of the people.”

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