SUARA WARGA PERAK

Showing posts with label press. Show all posts
Showing posts with label press. Show all posts

Thursday, July 2, 2009

MPs concerned over amendments to laws on religious conversion

Data Source : Thestar.com.my

MPs have raised concerns over the proposed amendments to three laws on religious conversion, saying that the matter must be handled with care.

“In a civilised society, it is essential to have freedom of religion in line with basic human rights,” Datuk Seri Wilfred Mojilip Bumburing (BN – Tuaran) said.
“The matter is now back at the discussion table. I hope there will be a good solution to all,” he said when debating the Human Rights Commission of Malaysia (Amendment) (Amendment) Bill.

The suggested amendments to the conversion laws were not tabled this time around, as more time was required to review them.

M. Kulasegaran (DAP – Ipoh Barat) said the issue of religious conversion had caused problems to the families involved where children were often caught in the tussle. This had led to much heartache, he added.

At the Parliament lobby, Lim Kit Siang (DAP – Ipoh Timur) said the Cabinet should call for an emergency meeting by next month to push through amendments to the religious conversion laws.

The Cabinet, he said, had to resolve the issue fast because unilateral conversions had wreaked havoc on the family structure and affected racial unity.

It had been a very polarising and divisive matter, he told reporters.

On Tuesday, Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz announced that the Government was putting on hold the amendments to hear the views of state religious councils.

The three laws are the Law Reform (Marriage and Divorce) Act, the Administration of Islamic (Federal Territories) Islamic Law and the Islamic Family (Federal Territories) Law.

Lim said there could be more cases of family disunity as a result of religious conversion until Parliament sat again in October.

PAS vice-president Datuk Mahfuz (PAS – Pokok Sena) said time should be given to Rulers for their feedback on the issue.

PAS has disagreed with the Cabinet’s decision, saying that the courts should decide on the children’s religion and not the Cabinet.

Tuesday, June 16, 2009

Maika shares returned to shareholders without profit

Maika Shares Returned to Shareholders without Profit?

Referring to the outcome of the article “Government urged to rescue Maika Holdings” in NST on 11th June 2009, it was learnt that Maika Holdings are in plan to return the shareholders investment on 1 ringgit to 1 ringgit without any profit.
The question is on what basis Maika Holdings will revive the community’s interests and regains the confidence of shareholders? By right now, Maika shares should have been distributed to the low-income group to increase their investments and the community’s equity share from 1.1% to 3%. On October 2006, DAP Ipoh Barat MP M. Kulasegaran had repeatedly reported that many who bought the shares in 1983 had pawned jewellieries sold their dairies, and came from the down trodden and poor Indian community who all invested on the assurance that their investments would bear fruits handsomely.
On 4th October 2007, Kulasegaran said the works minister then had also not managed to raise the community’s corporate equity from one per cent to 10 per cent as he had promised. He said that some RM100 million was raised to achieve this, but time has shown that Maika Holding has been an empty promise, bogged down irregularities, with an uncertain future.
The shareholders would have better off without investing or an old Indian saying is that ‘we would have better off if each of us has invested for 2 cows; at least would have returned of milk’. We are in a nation of society who has greater mind and soul for nation’s development in competing with global. But all of these problems with repeated manipulations by the Maika Holdings has caused a great uncertainty to the shareholders and brought down the public trust on the company’s strength and capability.
It is time that we need immediate action from Maika Holdings with the force of Government to intervene in and bail out the company for the interest of the Indian community. The government shall be involved urgently to help in settling and close the whole issue amicably by returning the people’s money with handsome returns and continue on the steps of addressing the community’s equity growth.

by Kanesh

Thursday, May 7, 2009

Battleground Ipoh; No explanation, arrest him first

The Star
9:00am Police detain P. Sugumaran, political secretary to Ipoh Barat Member of Parliament M. Kulasegaran, for trying to force his way through the barricades surrounding the state secretariat building. To read more click here.
Malaysianinsider.com
At 9.50am, Ipoh Timur MP Lim Kit Siang and Ipoh Barat MP M. Kulasegaran were stopped by the police and asked to drive away. Both MPs and Kulasegaran's political secretary P. Sugumaran got out of the car and began arguing with the officers.

"I received an official invitation from the Speaker... I have a right to be here. This is my constituency," Kulasegaran argued.

A shouting match began between Sugumaran and the police. It finally ended when Sugumaran was arrested. Both Lim and Kulasegaran then decided to leave. To read more click here.


DAP's Ipoh Timor member of parliament Lim Kit Siang, under whose area the state secretariat is located, is turned away from the building. Also with Lim are DAP's MPs for Ipoh Barat M Kulasegaran and Teluk Intan MP M Manogaran.

The three MPs had official invitations to attend the sitting from assembly speaker.

In an ensuing shouting match with the police, Kulasegaran's aide was arrested.

Wednesday, May 6, 2009

Indera gandhi's case hearing in Ipoh High Court



Back to square one for Indira
By CLARA CHOOI

IPOH: The High Court has temporarily stayed a decision handed down by another court giving interim custody of three children to their mother M. Indira Gandhi.

Justice Wan Afrah Wan Ibrahim yesterday granted an ad-interim stay on the order, pending the court’s decision on May 14 on contempt proceedings initiated by Indira Gandhi’s lawyers against her husband, K. Patmanathan.

Indira Gandhi’s counsel Augustine Anthony said the proceedings came about as Patmanathan had allegedly failed to comply with the previous court order and did not surrender his youngest daughter, one-year-old Prasana Diksa, to his wife.

The matter, heard in chambers, was raised as a preliminary objection in the hearing of Patmanathan’s application to set aside the custody order.

The husband, who was not present but was represented by counsel Mohamed Haniff Khatri Abdullah, had also applied for a stay of execution on the order.


Mohamed Haniff maintained that his client did not commit contempt of court.

On April 24, High Court judicial commissioner Ridwan Ibrahim granted interim custody of Tevi Darsiny, 12, Karan Dinish, 11, and Prasana to Indira Gandhi.

Despite this, the 34-year-old Indira Gandhi, who is currently staying with her two older children, had been unable to locate her husband to retrieve her youngest child.

She has since been seeking help from the police and the public, by distributing some 5,000 posters of her husband and Prasana across the state.
Malaysiakini News
The custody battle in the latest conversion case has gone back to square one as the Ipoh High Court today granted a stay on the ex-parte order which gave the custody of three children, who were forcibly converted to Islam by their father, to their mother M Indira Ghandi.

Indira’s husband, K Patmanathan, acting through his lawyer, obtained an order in chambers today to halt the order on April 24 which gave Indira full custody of their children until the custody hearing.Currently two of the children Tevi Darsiny, 12, and Karan Dinesh, 11, are with Indira while the youngest child, one-year-old Prasana Diksa, is with her husband Patmanathan, who has since assumed the name Mohd Redzuan Abdullah.
The court had also instructed Mohd Redzuan to return Prasana, whom he had gone into hiding with, to his wife and ordered the police to provide assistance to Indira with regards to this.The court which had initially set May 12 to hear the case, postponed the trial to May 14.
Indira's lawyer, M Kulasegaran, told Malaysiakini today that they had also filed for contempt of court against Mohd Redzuan, as he was “evading service of the injunction and other orders that were granted on April 24, as he still has not returned the baby”. Judge Wan Afrah Wan Ibrahim granted an ad-interim stay on the order pending the court’s decision on May 14 on the contempt-of-court application initiated by Indira's counsels.'Directive is not enforceable'Commenting further, Kulasegaran said: “The cabinet directive had once more come to a nought”.
Earlier, Indira who was in danger of losing her children after discovering that her husband had converted to Islam last month and also converted their children without her knowledge, had approached various parties to sort out her dilemma. In an exclusive interview with Malaysiakini last month, she also claimed that her husband had converted their three children without their presence and by only using their birth certificates.
Indira has since sought refuge with a relative in fear that Islamic officials would take the two children away since Mohd Redzuan had obtained a Syariah Court order giving him custody of the children.However, Indira has refused to accept the Syariah Court’s order.“The (cabinet) advice which came from the committee headed by Minister in the Prime Minister's Department Koh Tsu Koon, is ineffective and unenforceable,” said Kulasegaran.
Kulasegaran, who is also the Ipoh Barat DAP parliamentarian, also urged Minister in the Prime Minister's Department Nazri Abdul Aziz (Law and Parliament) to speedily bring about amendments to the laws to bring the directive into effect.“They should set up a special family court to decide on these matters for easier and earlier disposals,” he added, as the court had postponed the case until May 14.
Last week, Mohd Redzuan filed an application through his lawyer Mohamed Haniff Khatri Abdullah, challenging the cabinet decision to ban parents from secretly converting children to keep the peace and maintain race relations.
The cabinet had announced on April 23 that the law would be changed so that children's conversions would not be allowed without both parents' consent, and children should be raised in the religion of their parents at the time of marriage. Under Syariah law a non-Muslim parent cannot share custody of converted children.

Thursday, April 30, 2009

Labour Day

Media Statement by M.Kula Segaran MP Ipoh Barat, Secretary of Parliamentary Caucus on Labour and Foreign Workers Malaysian Parliament on 30th April 08.

The world’s economy is slowing down. Thousands of workers have been laid of in the largest economy of the world the USA .

In the last session of Parliament the Minister of Human Resources replied to me that from 1st October08 to Feb 09 a total of 19,650 workers have been laid off. Of this 13,821 are locals and 5,829 are foreigners. Also that over 40-50 thousand workers are expected to be laid off the whole of this year.

Dato Seri Najib while introducing the mini budget in Parliament has mention the priority would be to create job opportunities. To date how many jobs have been created? Why many are still been retrenched or laid off? What help will and can the governments give?

Retrenchment Fund.
For many years the Unions and political parties have been asking the government to set up a retrenchment fund. By setting up the fund it will go along way to help when workers are retrenched or laid off. Now Malaysia does not have a safety net for those workers who are retrenched or laid off especially when factories are closing down due to the slow down of the economy. The Human Resources Ministry must and should set up a retrenchment fund and contributions could come from both the workers and the employers. Initially the Government could give a grant to set up and launch the fund.


On top of this Malaysia has currently over 300, 00 thousand workers in Singapore . Singapore economy is expected to shrink by at least 5% in 2009. This is real bad news. What contingency plans have the Human resources made to assist these possible retrenched workers? Sad to say although the Ministry is aware of the potential problem little or nothing has been done to cushion the retrenchemes which is now taking place in Singapore .

Minimum wage.
For the moment we have only minimum wage for 1) 2) 3) . The minimum wage is ridiculously low. How can workers live with such low wages? What we need is a compressive policy on minimum wages. During Human Resources Minister Fong the government took a stand that minimum wage cannot be implemented as it would impede competition and foreigners will thus not invest in Malaysia . Now under Dato Subramaniam no to minimum wage because of the slow down of the economy. The reasons by both Ministers cannot be accepted and it’s not logical. IN fact minimum wage applies in USA < Japan and many countries and why their economy is doing better then us. We suggest a minimum wage of RM 1,000 and cola of 200 a month for all employees.

Foreign Workers.
We have presently over 2 million legal foreign workers and over 500,000 thousand illegal workers. The foreign workers are will to take a low salary to work and thus Malaysians are denied job opportunities. If decent salaries are paid Malaysians would be willing to work in jobs where foreigners are employed.

The government must reduce dependence on foreign workers.

M.Kula Segaran

Tuesday, April 28, 2009

A MOTHER’S RIGHTS: No religious basis to convert baby

(NST) By : DR IBRAHIM ABU BAKAR, Bangi

I READ the case of Indira Gandhi and her struggle to secure her right to live with her three children -- Karan Dinish, 11, Tevi Darsiny, 12, and 1-year-old Prasana Diksa, who is still on breast milk.

The New Sunday Times reported that Indira, a kindergarten teacher, had been waiting for her baby girl in the compound of the Ipoh district police station, but her baby was not returned to her by her estranged husband, who has converted to Islam.

As a lecturer of Islamic theology and philosophy, I am of the view that K. Patmanathan, who is now known as Mohd Ridzuan Abdullah, should return Prasana Diksa to her mother. The Hindu mother has every right to look after the baby.

Islamic theology does not impose any religious duty on the father to take away the baby girl from her Hindu mother.

This baby should not be prohibited by her father from being breastfed by her mother. If he does, he is wrong and evil in Islamic theological view because Islam does not impose any religious duty on any baby regardless whether she was born to a Hindu or Muslim mother. Islam imposes Islamic religious duties upon mature men and women, not upon babies and children. Please let this baby girl be breastfed by her mother.
Some Muslims hold the view that when a husband or wife converts to Islam, he or she has the right in Islamic law to take the children with him or her and then convert the children to Islam. Islamic law does not say so.

The "Islamness" of the children is not taken into account in Islamic theology. Islamic theology will count on the "Islamness" of human beings who are mature.

The Islamic terms for mature, sensible and responsible human beings are "aqil" and "baligh". Patmanathan has been supported by some ignorant Muslims on the pretext of protecting the purity of Islam and his three children. These Muslims are wrong.

There is no Islamic legal basis for Muslims to help someone take away a baby from her mother and then convert that baby to Islam. Islam does not count on the converted babies and Islam does not reward those who have converted the babies to Islam.

The babies have no Islamic religious duties and, therefore, they are neither rewarded nor punished for such actions.

Therefore, I support the decision by the prime minister and his cabinet that the civil marriage has to be settled by the civil court and the religion of their children be the religion at the time their parents were married in civil law. With this decision, the baby should be returned to Indira as she needs to be breastfed and cared for.

I think the police should arrest Patmanathan if he is reluctant to deliver Prasana Diksa back to Indira after the court decided to give her interim custody of her three children.

Patmanathan is a bad Muslim if he does not hand back Prasana Diksa to her mother and does not pay compensation to Indira for looking after the baby and for breastfeeding her for two years. Being breastfed by a Hindu mother does not make the baby an infidel. She is still eligible to convert to Islam after she grows up and becomes an adult.

Patmanathan himself drank the breast milk from his Hindu mother and consumed food and drinks, probably prohibited by Islamic law, until he reached the age of 40 before he suddenly decided to convert to Islam.

He should not impose his Islam-ness on his children. Let them be what they want to be like he did. He grew up as a Hindu boy, a Hindu youth and then a Hindu adult before he changed his Hinduism to Islam after he had probably encountered problems in his marriage.

I do not support non-Muslims who convert to Islam just because they want to run away from their responsibilities as husbands or wives or because they want to marry Muslim women or Muslim men.

Wednesday, April 8, 2009

Bkt Gantang By Election Album



This is a referendum and it gives a picture of what the people of Perak and Malaysia want,” Mohd Nizar

Baby's conversion

The Hindu baby's conversion into Islam without her mother's consent is brewing into a potentially explosive situation in Ipoh.

In a press conference, M Indira Gandhi revealed that her husband used to beat her and tried to force her to convert to Islam, but the mother of three refused. One day, she said, her husband came into the house, beat her up and then took away their baby daughter.
Tamil Nesan first reported the story on 4 March. The story was buried on page 6 and headlined Husband beat and tortured me. Wife Indira Gandhi lodges police report. The story focused more on the husband's abuse, and there was no mention of the baby's conversion.

But the next day, Makkal Osai and Malaysia Nanban carried the story on its front page. Eleven-month-old baby converted to Islam, read Makkal Osai's headline; while Malaysia Nanban's report was titled Conversion of child: mother's worst fears come true. Tamil Nesan reported the story on page two as Husband converts baby. It was puzzling why the paper, which first broke the story, did not highlight this fact when it had a chance to.

Makkal Osai reported that the incident has shocked and angered Hindus in Ipoh. "I have lodged three police reports about my husband's beatings and how he is forcing us to convert to Islam. Nothing was done," said Indira.

Accompanying Indira to the press conference were Sungkai state assemblyperson A Sivanesan and Ipoh Barat Member of Parliament M Kulasegaran. The two described the father's act of forcefully taking away the child from the mother and converting her to Islam (without the mother's consent) as "cruel".
They demanded for the father to be arrested immediately, and for the police to launch an investigation into the affair.
(Pic by Doreen Dotto / Wikimedia commons)

Tuesday, March 24, 2009

Motion Rejected - Press Release

This print screen was captured from The Sun Daily Web news

Saturday, March 21, 2009

MBI Jangan "Double Standard"

This print screen was captured from http://www.sinarharian.com.my/.



For the past 1 year the rate payers of Ipoh city raised many complaints against the Restaurant Haji Yahya which is situated in the middle of Ipoh City. The complaint was raised many times to Majlis Bandaraya Ipoh and no action has been taken.

The restaurant owner built the restaurant on the walk way.But presently the walk way is utilized by the restaurant owner. The restaurant owner extended the restaurant without the approval from the city planning unit.


We were hoping the MBI would wake up and take action to demolish the illegal extension.
As the restaurant owner had been operating on the walk way this has caused alot of discomfort to other road users. Examples are as follows: customers will park the car at the road shoulder which is on top of yellow lane to buy or to have breakfast and this causes traffic congestion in the morning and in the peak hours.

This issue also was also brought to the attention of a local NGO Association of Community and Dialogue (ACID) and the concern NGO already send a letter with many reminders to the Datuk Bandar’s Office asking for action against the restaurant. At the same time I also received the complaint in my political office advising me to take action against the restaurant.

I am considering what I should do about this complaint because the location of the restaurant comes under my constituency. I’m sure some people would like to rise and want action! Did MBI gave approval for the restaurant at the road side.

Friday, March 20, 2009

Report On Private Sector Pension Scheme In Four Months

Report On Private Sector Pension Scheme In Four Months - Subramaniam

KUALA LUMPUR, March 19 (Bernama) -- The report on the proposed introduction of a pension scheme for private sector employees through the Employees Provident Fund (EPF) will be ready in four months, Human Resources Minister Datuk Dr S. Subramaniam said today.
He said the ministry had held preliminary discussions with other government agencies such as the Finance Ministry, Economic Planning Unit and EPF on the matter."The government has agreed to look into the possibility of setting up a pension scheme for the benefit of private sector employees and hopes, in four months, a report will be submitted to the Finance Ministry for further action," he said in reply to Dr Mohd Puad Zarkashi (BN-Batu Pahat) in the Dewan Rakyat.Subramaniam said the government would consider the views of all quarters before proceeding with the plan."
The government cares for all workers including those in the private sector. We want to create a system suitable to all who work from now so that when they retire they will get pension for the rest of their lives," he said.
Replying to M. Kulasegaran (DAP-Ipoh Barat) on the retirement age of private sector employees, he said the Employment Act gave employers the freedom to determine the retirement age of their employees.
It was reported in January that the Cabinet had instructed the Human Resources Ministry to prepare a working paper on a private sector pension scheme and hand it over to the Finance Ministry for implementation.-- BERNAMA

Thursday, March 12, 2009

Yes, JC's term extended, but questions remain

Picked From Malaysian Insider
By Debra Chong

KUALA LUMPUR, Mar 11 - Ridwan Ibrahim, whose term as a judicial commissioner (JC) in the Ipoh High Court became the subject of much public debate in the ongoing Perak constitutional crisis, has had his contract extended for another two years.

"Yes, it has been renewed. Effective 1st March," de facto Law Minister Datuk Seri Nazri Abdul Aziz confirmed the news today.

Nazri told The Malaysian Insider that Ridwan's two-year term as a JC expired last February 28, but a renewal letter signed by the Chief Justice of Malaya, Tan Sri Zaki Azmi, has effectively extended the controversial judge's term.

He explained the renewal of a JC does not require the involvement of the Judicial Appointments Commission (JAC), the newly-minted body regulating the appointment of judges.

Asked when the letter was sent out, Nazri said he could not remember, but added it did not matter because the renewal can be backdated.

Ridwan recently made several controversial rulings in the Ipoh High Court, the most notable being an order stopping Perak Assembly Speaker V. Sivakumar from holding "any unlawful assembly."

He also ordered Sivakumar to only use the services of State Legal Advisor (SLA), Datuk Ahmad Kamal Md Shahid, to represent him in another case where three elected representatives are suing him for declaring their state seats vacant.

But the constitutional wrangle has become more muddled with Sivakumar suing the SLA in a separate suit filed in the KL High Court yesterday.

For federal lawmaker M. Kulasegaran (DAP-Ipoh-Barat), the real question to be answered concerns the accountability of a JC compared to a judge with full tenure.

"How can a trainee judge be allowed to decide a constitutional matter of such monumental significance which concerns the public?" he asked.

"By right the case should be heard by an experienced judge," added Kulasegaran, a lawyer by training.

Kulasegaran explained a JC is a judge-in-training who is put on a two-year probation period, at the end of which he is usually confirmed, relieved of his duties or chooses not to continue as a judge, such as Raja Aziz Addruse, a notable lawyer who was a former Bar Council president.

He noted that JC Ridwan had added to the complexity of the issue when he made the decision barring Speaker Sivakumar from chairing "unlawful" assemblies in chambers instead of in open court where the public can follow the arguments of the lawyers from both sides.

"Justice must be seen to be done," Kulasegaran emphasised.

Wednesday, March 11, 2009

Speaker cannot represent himself

The High Court here ruled that Perak State Assembly Speaker V. Sivakumar cannot act for himself in a lawsuit brought against him by three independent assemblymen, and must use the state legal adviser.

Sivakumar had appeared in court Wednesday to represent himself after it was earlier ruled he could not appoint his own counsel, but this was rejected.

Judicial Commissioner Ridwan Ibrahim reaffirmed his previous decision that the Speaker was a state officer who could only be represented by the state legal adviser under Section 24(3) of the Government Proceedings Act.

The Court fixed March 16 to hear two related applications -- the first by Sivakumar asking the suit to be struck out, and the other for three former state executive council members and three voters to intervene in the case.

On Feb 27, the three independent assemblymen -- Mohd Osman Mohd Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang) -- filed a suit seeking a declaration that they were still elected representatives.

My Political Sec's Press Statement

Friday, February 27, 2009

Emergency Meeting Of The Perak Assembly


Perak Assembly Speaker V. Sivakumar invokes Standing Order 8 and 11 to call for an emergency state assembly on Mar 3 to vote on two motions related to the constitutional crisis in Perak.

The motions are on the vote of confidence on Pakatan Rakyat's ousted menteri besar Mohammad Nizar Jamaluddin as well as the no confidence motion on Barisan Nasional’s menteri Besar Zambry Abdul Kadir.

He has instructed that notices be sent to all state representatives to attend except suspended Perak Mentri Besar Datuk Zambry Kadir and his six executive councillors and the three Pakatan Rakyat assemblymen who quit their party to become Barisan Nasional friendly Independents.

Press Statement

Emergency Meeting of The State Legislative Assembly of Perak D.R.

on 3rd March 2009

On 06.02.2009 I have written to HRH Sultan Azlan Shah, seeking HRH agreement to convene a meeting of the State Legislative Assembly the soonest it may be convened for the Assembly to determine and resolve who amongst the members of the State Legislative Assembly of Perak commands the confidence of the majority of members and qualifies to be appointed as the Menteri Besar of Perak.

In the said letter I have also requested HRH for the occasion of the swearing in of YB Dato Zambry Bin Abdul Kadir as the new Menteri Besar of Perak be adjourned to a date after the said meeting of the State Legislative Assembly of Perak.

It is now common knowledge that the events on the 06.02.2009 had overtaken the contents and relevance of my letter dated 06.02.2009 to HRH Sultan Azlan Shah.

I am now in receipt of two Notices of Motion dated 24.02.2009, which are proposed to be moved in the State Legislative Assembly of Perak with such requests that the need under Standing Order 27(3) of Standing Orders of the State Legislative Assembly of Perak (SOSLAP) be dispensed with.

As the State Legislative Assembly of Perak now remains in it’s 1st session after being constituted and having considered the dispensation of Standing Order 27(3) SOSLAP with powers of such dispensation provided for under Standing Order 8 SOSLAP in matters of emergency, I wish to inform that the State Legislative Assembly of Perak will convene an emergency meeting on the 3rd day of March 2009.

Dated 27.02.2009

YB V. Sivakumar

Speaker

State Legislative Assembly of Perak D.R.



Thursday, February 26, 2009

Press Release: Harassment must cease


Picked from Malaysian Bar Website

There are countries around the world where the Rule of Law means little. In these countries, institutions that are meant to serve the interests of the public are instead tools of the Government.  Those that have views opposing those in power are harassed and harangued in order to wear them out or silence them.  The democratic systems in these countries are constantly under attack or subjected to manipulations by those in power.  The governments in these nations betray their citizens who value democracy and the Rule of Law.
 
In Malaysia we have pledged to uphold the Constitution and to respect the Rule of Law.  We must all abide by this.
 
When launching the MACC two days ago, the Prime Minister gave the sobering advice that the MACC must not end up with the same perceptions that afflicted the ACA - of not being independent, of being a toothless tiger, of practising selective enforcement and of not being professional in their investigations, all of which damaged the ACA's reputation and credibility.
 
Yet a few days before that, the MACC director, in an unusual move, had made a public statement about investigations against the Menteri Besar (MB) of Selangor in a way that raises serious questions about the impartiality of the Commission.  Then, yesterday, the MACC reportedly interrogated the Speaker of the Perak Legislative Assembly for three hours.  The day before that, the police had interrogated him for a few hours.
 
These events give rise to two concerns.  One is of the harassment of the Speaker and an interference with his duties, and the other is that there is an unusual haste and publicity in relation to the MB's case when far more serious reports against others appear to have been put aside.
 
How then is the MACC seeking to remove the negative perceptions the Prime Minister spoke of?  These events also cause to question what regard the authorities really have for the interests of the public and the public perception.
 
The public are ever watchful of what is unfolding before them.  They know what is happening.  They do not wish to see our institutions undermined.  They want our institutions to be impartial, independent, courageous and respected.  They know that the Rule of Law is vital and that democratic institutions must be strong.   The public must never be underestimated in their appreciation of these issues.
 
Respected members of the Bar have been appointed to the MACC's Anti-Corruption Advisory Board, Operations Review Panel and Complaints Committee.  We urge them, as members of the Bar, to immediately and urgently take steps to address the concerns that have been expressed in relation to the MACC's actions and to play their role in ensuring that the Rule of Law is upheld at all times. 
 
We must ensure that we do not go down the path of becoming a nation that is looked upon as one which has little regard for the Rule of Law.   For we all know that if that happens it will be very difficult to turn back.
 
 
Dato' Ambiga Sreenevasan
President
Malaysian Bar
 
26 February 2009 


Saturday, February 21, 2009

NST CrossTalk: 'A minority govt never survives'

As the Perak crisis continues to fester, former menteri besar Tan Sri Ramli Ngah Talib and Ipoh Barat MP M. Kulasegaran hash out their opinions on the current conflict. KOH LAY CHIN listens in as the two Perak sons talk about rotten eggs, rudeness to royals and agreeing to disagree

Kulasegaran: Tan Sri, you know what’s happening in Perak and you're the former menteri besar.What saddens me and many Malaysians is the grab of power. How can we, in this modern age and with our democratic system, ever agree to this kind of thing?Doesn't the Barisan Nasional respect the wishes of the voters? I'm astonished, I'm shocked

Ramli: Well in any discussion on the Perak crisis I think we have to relate it to the various responsibilities of the various institutions to get a clear picture. I’m afraid I was in the midst of it — before the swearing-in ceremony, I was in the convoy.

And we were stopped, stones were thrown at my car, and others too. And when we came back, this crowd also showed their hostility to us by showing the (soulssoles of their) feet and shouting "Takde Otak" (no brains) and “Zalim” (cruel). Now this shows a lack of understanding of the situation. Earlier I said we must relate it to the responsibilities of the various institutions. Now to me, this is a case of the sultan exercising his powers under the constitution of Perak. That is to appoint the menteri besar from among those, who in his opinion, which he understands it, who has the confidence of the assembly.

When there was this defection, BN had the majority in the of this assembly was given to the BN and the sultan appointed one from among them to beof BN to the MB. This is provided under the constitution. This is his duty, to appoint. So, going back to the gist of your question, well now it doesn't look nice. I agree, it doesn't look nice for the BN government to form a government through defection. I agree this is not the best way of forming a government., this is not the best way. But which party, that is not in power, which has been given the power through defection, would reject that?

Kulasegaran: But Tan Sri I think we will not disagree with the fact that any party also should be more than ready to go and test its popularity with the masses. Don't you think so? You have been elected before, and I'm a third term MPmember of parliament, one of the things that is most important and dearest to us are the voters, and the voters have given a very clear mandate. In fact 54 per cent of the voters in Perak in the 2008 election voted in favour of Pakatan, only 46 per cent for through Barisan. It’s so clear. And I think even if they have taken power, don't you think they should have said “Okay, let's be gentlemen, and let's go face the masses, the voters.” Why are they reluctant and why are they scared?

Ramli: Well I think parties fight blistering campaigns in elections, two weeks, maybe more than that. And they spend money, energy. But when you have, on a platter, sort of, through defection, I think this is also legitimate. Not the best way to form the government, but it is legitimate.

Kulasegaran: So you're saying even if you form the government by immoral means, as long as I come into power, the means doesn't matter? By defections, party-hopping, a culture abhorred in this country, just because I want to be in power?

Ramli: No, it is a legitimate means, though it’s not the best way. And I don't think it is immoral. For defections, we have experienced this before in 1994 in Sabah, and through the defection of the PBS assemblyman the BN was in power, and then from there they consolidated their power, nearly for nearly 14 years? Then after they consolidated their power, the BN government in Sabah, has never experienced stability as they have experienced now.

Kulasegaran: That means Tan Sri is saying basically that party-hopping is okay. That under a banner, standing under DAP or BN, and after getting elected under the DAP or BN banner, I am no longer responsible to my constituents and to the party, but to the party that can corrupt me or shower me with gifts and new unnatural love?

Ramli: Well I don't know about that but...
Kulasegaran: Well that's what people are writing online, on the Internet, I think it is vividly clear...

Ramli: Well I don't know about showering of gifts.
Kulasegaran: I mean where in this country do you have executive councillors leaving office to cross over to another party? Never, unless there is something magical. You see when people contest against Barisan it's because of certain principles and beliefs, Barisan is an arch enemy of these people. Suddenly the numbers game is so important where one, two can change the government, the principles are no longer that important. They can jump and say I can now sleep with my enemy? How?
Ramli: Well I don't see it as immoral as such, because Pakatan Rakyat also accepted somebody who jumped. (Datuk) Nasaruddin (Hashim) from Bota, he was accepted. If it had been a determining factor whether the Pakatan Rakyat formed a government or not, then they will have formed a government with a majority of one. So they have accepted this, so is this immoral as such?

Kulasegaran: But in the case of Nasaruddin it is a bit different. When he hopped to Pakatan Rakyat, he said ‘I have lost confidence, I don’t want to be in Umno’, that is one aspect of it. But he has been a different type of assemblyman, Tan Sri, he was able to go back, even before defecting, to the people in Bota and tell them “I'm going to defect”. And number two, after defecting there was a 10,000-people gathering in Bota, in the presence of (Datuk Seri) Anwar (Ibrahim) and other party leaders, explaining to his constituents. In the case of three people who jumped, they were nowhere to be seen, even their shadows. That means there is something different.

Ramli: Well there could have been people there who had not elected him, these could have been opposition members you know.

Kulasegaran: But in Bota itself.

Ramli: Well in Bota yes, but they may not have elected him.

Kulasegaran: And he is daring enough to go.

Ramli: In the sense when an assemblyman or an MP defects, in a sense, I agree, it is a betrayal of the trust of some of the voters that they have given to him. But when you pick a candidate, let's (say we) pick a very popular candidate.

People will support him, not the party. Probably 70 per cent of the support is because of his popularity, maybe 30 because of the party machinery. So in that sense, when he defects, not that many people will feel betrayed, people go with him wherever he goes, because he is popular. But in cases of say, very new candidates, where the party machinery is more important than the candidate then 70 per cent because of party machinery, of the manifesto and policies, then I agree that most of the people will feel betrayed if he crosses over.

So there are many reasons, not just one. He jumped, the two probably jumped, I heard reports that they were very disheartened by the leadership, so they had reasons for doing so.

Kulasegaran: Well I'm not surprised that this started with the leadership, if someone is charged for corruption and your case is hanging on your head and you're in court, and all kinds of promises have been made to you, and true enough the case has been postponed, wouldn't anybody think of doing that?This is another fact, like what Dr Mahathir himself said, “how can you take this kind of rotten eggs into your party?”

We just passed at the last sitting of Parliament, the Malaysian Anti-corruption Commission Bill, what are we trying to show to the country? Here I'm trying to say that we want to wipe out corruption or condemn these wrongdoings yet because I want to be in power, it doesn't matter if the man is dirty or has a lot of dirt on him, he is okay.

Tan Sri I just want to differ with you when you say 70 per cent support the person and only 30 per cent the party.

Ramli: I said sometimes. Sometimes.

Kulasegaran: Well I think in this country it is the reverse, in fact 70 per cent (support) the party or more, and very little on the person.

It's the party that people go for. Because many a time when people have left a party and contested as independents, they have not only lost, many times they have lost their deposit. It is not the individual.

I know of people who have gone for four, five elections, got 15-25,000 majority every time. But when they left and contested on their own, they cannot even garner 500 votes.

Ramli: Well what I said was specific, and what you are saying is general. There are candidates who are so popular, that his popularity accounts for nearly 70 per cent of the votes.

Kulasegaran: I take exception to the rule.

Ramli: ..there are also candidates..
Kulasegaran: You have stood for nearly six, seven elections, if you remember Tan Sri, that's why I keep on telling people, it's a bit different from other countries, you agree with me? When we go and contest elections we don't say “I am Kulasegaran and I want to contest', no, your party gives you a letter.One, you are so and so. Two, you can use your symbol. Three, you are from this party.

Ramli: Yes, that’s true ...

Kulasegaran: That letter is given to the returning officer, the RO at the place of nomination.

Ramli: Yes, I know, but that's the formality.
Kulasegaran: No no, that's not the formality, what happens without that letter?
Ramli: You become an independent.
Kulasegaran: Al right. So what's the difference? Because I cannot use the symbol, I cannot use the symbol of the rocket. So actually it is the party that you represent, therefore party-hopping cannot be accepted.
Ramli: Not in all cases. We have Sandakan from BN who was independent and he won, he was one of the ...
Kulasegaran: No, no, I think the letter speaks for itself, I think. There is a contract with the people, and I elect you because you represent the party. But in Perak what is weird is we have a situation where, we have one wife two husbands. One state with two menteris besar, how can this happen?
Ramli: Now, I want to remind you about something. Now in Malaysia as you know, we don't condemn people until they are found guilty.
Kulasegaran: True, true.
Ramli: So we still regard them as innocent, and they are true defectors. Not because of anything behind it.Now before that the Perak government, of course, supported them and said these two people were set up or something to that effect. So where do we go from there? If they are in, we accept, if they are out, they are rotten eggs, it's a contradiction.
Kulasegaran: Whatever it is, the bottom line is they are rotten eggs. So there were two rotten eggs in Pakatan Rakyat, so BN felt that they would take the rotten eggs because now they are golden eggs.
Ramli: Well to them it is not rotten eggs. They said they defected because of certain, valid reasons. And then the BN accepted them. Who doesn't want that? I mean, you know, you fight 20, 30, 40 years for power and when you are given power like that wouldn't you grab it?
Kulasegaran: Well power was seized undemocratically, and so wrongly.
Ramli: It is not wrong here, you know, it is just not a good way to form a government, but I don't think it is immoral.
Kulasegaran: Don't you agree with me that it is not too late to call now for elections, that (Datuk Dr) Zambry (Abd Kadir) and (Datuk Seri Mohammad) Nizar (Jamaluddin) would agree, let's go and let the people decide? It is not for anybody singularly to decide who should be in government. People believe there is a black hand behind all this, they say (Datuk Seri) Najib (Razak) is the one because he aspires to be prime minister very soon, and somehow by legal or illegal means I will have the state government, and Perak is very important in the whole jigsaw puzzle.
Ramli: Look when I came here, I just want to look at what are the responsibilities, the ethics of crossovers and so on. I'm not willing to go beyond, because then it would just all be speculative and there would be no bounds. That's all speculative.Now with the Sultan of Perak, having exercised this power, do you think that those who opposed him that day, during the swearing-in ceremony, and blocked the roads, were they doing the right thing? That was serious.
Kulasegaran: I think there are two things to look at. First of all the exercise of the power of the MB. I think I cannot go wrong if I were to quote what Sultan Azlan Shah himself has written, in his own book, it is very pertinent, this is what he said. (Reads) “Under normal circumstances, it is taken for granted that the Yang diPertuan Agong would not withold his consent to a request for a dissolution of parliament. His role under such a situation is pure formality.”In fact this was read by Nizar to him, because he told Nizar, these are the things where the Sultan himself has done. So I think there must be certain things, as a monarch, he himself has written (this), and I'm not putting words into it Tan Sri.
Ramli: Yes, correct ...
Kulasegaran: And I think he should have acted in a manner in the best interest for his subjects. We should not overlook that. Number two, his royal highness, having gone into the mechanics of ascertaining whether one has the majority or not, by conventional means, that’s not right. That is why we have elections.
We choose our own leaders. To be very frank, using your own words, this is now in court, let the courts decide whether they are guilty or otherwise. In fact in the first instance I represented six of them (protestors). And whatever it is we must pay respects to the royalty, there is no question about it. But there are people who are very aggrieved and upset with what's happening, it's never happened in this country. Against royalty, of this nature.
Ramli: No, and it shouldn't be.Kulasegaran: It shouldn't be.Ramli: And it's sad that it happened.
Kulasegaran: True, and it happened in our state. I think we should also understand that from the ground people are not very happy with Zambry being appointed MB. And I think all this can be settled. So in answering your question, I feel that at the end of the day they have been charged, let the courts decide whether they were involved.
If I were to tell you some of the facts of the matter, the six people I met, they told me this: “I went for Friday prayers, my motorbike was the first bike at the mosque. Behind me there were six other rows of motorbikes, what do I do? And the police are asking us to disperse, I have to wait for my motorbike and the police heret sama (dragged) dia.” And there was another chap who went to pray, it so happened that another friend of his came to help him, and both were caught.
We don't really know who caused it.But let's not forget, at the end of the day, (with) the protestors, was there too much excessive force?Were they very unhappy they did not have avenues or means to express their opinions, just because a decision had been made. It is not a God-made decision, and we respect everybody's decision.
Ramli: Yes okay, all right. Under the normal circumstances, yes. The Sultan should not withhold consent.But you have to remember, these are really not normal circumstances. The Sultan has a right to withold consent for the dissolution of the assembly.
Because in the assembly there is already a majority coming from Barisan. Barisan holds the majority therefore it is incumbent upon the Sultan to appoint one of them as MB., and to appoint the executives which command the majority of the assembly.So when you can already form a government, why do you have to go to people again for election when you can appoint the government?
Kulasegaran: Because three of them have voluntarily resigned. They have submitted letters to the Speaker. So three of them are out. Then we have a tie. 28-28. So what do we do? How can you run a government when there is a tie? And we have three who have resigned. Once they have tendered their resignation, the Speaker has the final say.
Ramli: But you know the situation is not like that. Because these three who resigned, had aligned themselves with the Barisan Nasional. And the Sultan was very detailed, he didn't just hear (it from) anybody.
That Barisan had acquired that majority. He took upon himself, it's not normally done.
Kulasegaran: And which a monarch should not be involved in because we should let the public decide.
Ramli: No I am saying he took it upon himself to ascertain whether these three had really gone to Barisan Nasional. Now only when he was satisfied, then the government was formed. It wasn't just on a whim, you know.
Kulasegaran: But they had already submitted their letter of resignation to the Speaker, the Speaker acknowledged, he informed the Election Commission.
It looks like a whole conspiracy. Somehow the Pakatan has been undermined to rule, like there are so many people against a legitimate government, one that is properly constituted within the law, one with the popular support.
Not withstanding all that, just because of the mechanics of one or two assemblymen, (they) can hold ransom the whole state to ransom and bring anarchy to Perak.
Ramli: The Sultan was very detailed. He satisfied himself fully, that there was a majority. Only then did he appoint the government. As to whether these three people resigned or not, their letters, I think that’s in the courts now.
That's up to the courts to decide. But as it is, the matter is not yet brought to the courts, and we should take it as that they have aligned themselves. They aligned themselves, then the Sultan was satisfied that Barisan had the majority and could form the government. Because of that, there is no point to have an election.
Secondly, I disagree on the demonstration. I think the demonstrators had a concerted effort Because I was there. They took advantage of the Friday prayers, they congregated, with their flags and their Israeli and Palestinian flags...
Kulasegaran: I didn't see an Israeli flag, I was there too Tan Sri.
Ramli: Well it was planted on one of the cars, to show to those who were going to the swearing-in ceremony that there was 'zalim' (cruelty), Well you could see how belligerent they were, I saw them.They showed their feet to us.
I think it was a concerted effort, an organised one, I believe. And they were totally misinformed as to the powers of the Sultan. The powers of the Sultan is simply to appoint where the current MB has lost his confidence of the assembly, then a new party, which has the confidence of the assembly, a new MB will appointed amongst them.This is what the Sultan did.
Kulasegaran: So tomorrow these three people switch to Pakatan so we switch? Then Nizar becomes MB again, and then two months later these three move to another side , then Zambry? Ding dong bell. (laughs)
Ramli: That would be a different situation, necessitating a different kind of decision. It depends on the situation.
Kulasegaran: I think these are political decisions best for the rakyat to make. But I think we have missed the opportunity. But it's not too late, the Perakians can still move on with what we have.
Ramli: It's true, I agree that we should move on from here. And I think probably some solution to stabilise the situation will come true. But I think the people who demonstrated and who vilified the matter in the blogs and so on, they are not informed, or refused to be informed of the situation.
The people must remember that the royal house has been there, for more than 500 years, since 1528, and before that they are the descendant of the Malaccan sultanate, and before that, the Srivijaya empire.It is a continuous monarchy that has ruled for 1,700 years, one of the longest surviving monarchs in the world.
Now you must remember, they ruled this area as their realm. But with the advance of democracy they gave up their power to the people, holding only residual power. The residual power is to appoint the MB and that's what he did. And the exercise of that small power that they have, had led to vilification and this is uncalled for.
Kulasegaran: I think they are held in very high esteem in Malaysian society, both of them (the Sultan and Raja Nazrin) , their speeches, their acts and the way they governed the state. But in this matter, somehow the Sultan could have done it in maybe some other manner, some way out. Let's not forget what happened in 1978, when Ghazali Jawi was asked to resign, he did not instantly. He did not. Back then it was Sultan Idris.
Many people have overlooked that to think Nizar was the first MB who refused to resign. So it is not really that case, there was a precedence prior to this where the former MB, from Umno, who refused to resign for some time. And finally there was some form of political arrangement, he resigned and a successor was chosen by the MB who was asked to resign.
I still remember the Sultan at the time, after having achieved his ability to persuade him to resign after some months, he went to Pangkor and shaved his beard and telling the public “I've finally got the MB of my choice”. So what it all shows ,Tan Sri, is that the Sultan just plays a very formal role. And although in this case Sultan Azlan and the Raja Muda are both very highly respected, but they also must look at the law.
And what Nizar did, there is no provision anywhere to say he must resign. So they are caught within that situation and as I said earlier, now we have one wives, twotwo wives one husbands. We are now caught. Nizar is not going to resign. And I think political leaders like you, maybe, should bring the parties together and talk to them. You were the menteri besar for many years.
Ramli: Well Yang Berhormat to reply to that, that situation was about when Tan Sri Ghazali Jawi was asked to resign. Here, the Sultan never asked Nizar to resign. Nizar has to resign, because he ceased to have command of the state assembly.
When he has ceased to have the command of the state assembly, then he must resign according to the constitution. When he ceases to have the command, then another party which has the command and the confidence of the assembly will have to be appointed.
Kulasegaran: But you must go to the floor of the assembly to decide the majority. When he went to see the Sultan, he had the majority. He went there on that basis: “I'm asking for dissolution on the grounds that I want to go back and get the mandate from the public.”
And that's where the thin line between the role of the monarch and the role of the MB comes, it's very near, yet very far. I think it would have been prudent...
Ramli: No, he didn't have the majority at that time. Because of the defections.
Kulasegaran: But even with the defection, we still have 28. See, as in other countries, we could have a minority government, what's wrong with that? You can allow that.
Ramli: Well yes, that's true.
Kulasegaran: I mean I can't ask you why the Sultan made the decision, but that's why I say there are some other forces, people say a “black” hand.
Ramli: But a minority government never survives. They never survive.
Kulasegaran: But did you test it, allow it to go? That is why the democratic process should have been allowed to flow. We may disagree. But these are things we allow the voters to decide.
Ramli: Well it's clear from the constitution. I believe the Sultan has acted within the constitution and he was correct. Because those who hold the confidence or the majority of the assembly should form the government, and that is exactly what they did. Because Nizar, or PR, had lost the confidence of the assembly, therefore he shall resign. He must resign.
Kulasegaran: I think a golden opportunity was lost when we failed to allow a minority government to survive. Canada now has a minority government? There are many parts of the world with a minority government,In fact in Canada the financial bills were just passed through parliament, a minority government. Maybe something new for this country.
Ramli: Yes, but well it was not question of letting a minority government, the Pakatan Rakyat government to continue. It was a question of whether to dissolve the assembly or not. See? The minority government asked for the assembly to be dissolved.
Kulasegaran: So when he refused ..

Ramli: It was refused because a government can be formed without elections.

Kulasegaran: Well yes, that is true. But that is not a proper manner of doing it. When the masses voted, they wanted a government of their choice. Now it is an illegitimate government. Illegitimate power grab, daylight robbery, goes by backdoor, a coup d’etat.

Ramli: I think we have been discussing this. It is not illegitimate. It is legitimate, just not the best way. Because of the defection. And given the circumstances I think any party would grab the opportunity.

Kulasegaran: Tan Sri I think that is where we sometimes differ. You see for the DAP, we don't believe in defections. And as you say, some people may be interested in grabbing power. But as you can see in the last 45 years, we have never really done this.

We have been consistent, as you have seen lately how Karpal has been very strong and vocal about these things. To the extent of him telling the leaders that they must comply. We believe very strongly in these principles.

Ramli: But then you are nowhere near the power threshold, that's a fact. You see when you are teetering between being a government, and not being a government, between having power or not, you would grab these defections, I am sure.

Kulasegaran: If that is the argument, then one can look at the way the opposition and in particular the DAP has been denied free and fair elections in this country, where for example, you contested in a parliamentary seat where the number of voters are not even half of was less than half of my constituency’s.

Ramli: You have said all this before in Parliament many times ...

Kulasegaran: Yes, gerrymandering.

Ramli: I want to put to you again — don't you think these demonstrators, who vilified the Sultan, and in the blogs? Is this fair, correct and proper?

Kulasegaran: They have been charged. I would be prejudging. It is not a political answer I can give.

In the case I have put to you, on people who jump from party to party, it's a political decision, it is not so much on court matters, it's the forming of government.

I think Tan Sri, to be very plain, we do not subscribe to demonstrations anywhere. But sometimes people must also be able to exercise their freedom to object.And just because demonstrations are held in certain places (that) doesn't make them bad people.And I think people should also have this space to disagree.

We can always agree to disagree, there's nothing wrong about it. The machinery and the system Umno has, where literally every aspect they control, makes it very easy for them to control. FRU stands for ...

Ramli: Federal Reserve Unit.

Kulasegaran: No no Tan Sri, “For Rough Use.” (Both laugh)

Ramli: Well do you think these people throwing stones are not rough?

Kulasegaran: To be very frank that is for the court to decide. But I think the important thing is we now have to go back and look at the actual reason, it’s very unusual for people to do this kind of thing.

The monarch has been in a place where everybody admires, everybody loves the monarch. But somehow there is a group of people, of younger people, who are not so happy about it, those are things to be looked into. I think one cannot run away from it. Youngsters are speaking up their mind, online, in blogs, expressive in their views.

Ramli: Well they can express their views, no doubt. But they must be well informed, and in this case, they are not informed at all or improperly informed.And most of the demonstrators were from one race, the Malays. Most of them, if not all.

There appears to be a concerted effort somewhere, doing this for certain reasons. They were really throwing stones at my car, and many cars. If that is not rough, I don't know what is rough.

Kulasegaran: Tan Sri I think, I admire you for having acknowledged that this is not the best way to form the government. But having said that, the bottom line is that we all are answerable to the voters. Don't you think any government, whether Nizar or Zambry, should now go back and get a fresh mandate. Why are they reluctant?

Ramli: Well again I agree this is not the best way, but in the circumstances this is the most legitimate way.

Kulasegaran: Even through illegitimate and immoral means?

Ramli: No, it's not immoral.

Kulasegaran: (Laughs) If that is not immoral, I don't understand what immorality is all about.
Ramli: You know, during the Wilson era. I still remember, nearly 50 members of Parliament in Westminister.

Kulasegaran: Defected?Ramli: They didn’t defect, but they voted against the government. Voted with the opposition. Even though there was no defection or crossover, not in the sense that we had.But ultimately, that kind of action by protest by the Members of Parliament brought down the government. So it's the same thing, there is no defection as such...
Kulasegaran: Not really, there is a difference.
Ramli: Yes I know there is a difference...

Kulasegaran: In Britain, the British party whip system is weak. In our country, the whip is really a whip.

You suka, you takda suka (whether you like it or not) you must vote according to how your party has tabled a bill. There are no two ways about it. In the US, we have legislators who are Republicans but vote for Democrats.

But in Malaysia we don't have this space, we are restricted and conform with party lines. I think that is where we have to open up.

Ramli: Yes I agree there is a difference. It's not exactly the same. But what they did, when they voted against the government, and for the opposition, ultimately they brought down the government. It's the same thing. Here, defection brought down the government, there, protest brought the government, The results is the same.

Kulasegaran: Brought down the government but there were ways to prop up the government.
Ramli: Yes, three plus one is four. Two plus two is four. (Both Laugh)
Ramli: Result is the same.

Kulasegaran: No the three (are) illegal, cannot even be considered as assemblymen. Yet it was counted, I don't know how mathematically some people cannot count properly, it doesn't matter. That's okay.

But my question, at the end of the day, don't you think it is pertinent for them to be gentlemen and go and get the masses' approval. Why are they reluctant?

Ramli: It's up to them. They are in power now, I cannot comment on why.

Kulasegaran: I tell you why, they dare not because they have no report card and we have one for the successes of the last 10 months. We have all these policies, and have been transparent and accountable. They found a way out.

Ramli: But other people have different ideas, that this was just merely populist policies, not really for the government, that was what other people say. But when they have this government already in hand, it is up to them whether they want to concede the power. They have to wait, probably one year, two years.

Kulasegaran: I must thank Tan Sri for coming today. I think this one of the healthy things we should advocate. Where we are in different spectrums, but we can agree to disagree. Tan Sri is a very senior lawyer in that respect.Even when you were a speaker, a lot of times I disagreed with you, and a lot of times I agreed with you.

This political space should grow. So that everybody, whether rich or poor, educated or otherwise, informed or not informed, all should be rbought together and be in the system to roll and model our democracy. If we just distance ourselves and have an artificial way of propping up, in my words, an immoral government, there is something wrong.

Ramli: I would also like to thank you, YB Kula. You've always been interactive in Parliament. I'd just like to express my deep concern and sadness of the actions taken by the demonstrators in protest over the Sultan's decision.

Which, if they had been properly informed, should not have happened.Now I know young people, their hunger for knowledge, and they want to express themselves. But before they do that, they must seek proper knowledge about the situation. If they had properly understood, from step to step, what are powers of the Sultan, and why he did so, then this would not have happened.

The Sultan being a very detailed person has done all that was necessary before he used his discretion to appoint the MB.

I think leaders, whoever they are, they should also explain this kind of things. Not to vilify institutions for carrying out their responsibilities. To vilify someone who is doing their duty under the Constitution is just wrong.

I hope whatever process taken now, can be taken in courts. Let's give our support to this because we cannot compel anybody. Let's see what the results of courts are, and we hope people will abide by it. Ultimately we would like to see stability in Perak.

Saturday, February 14, 2009

Perak speaker still in Pakatan hands

MalaysianInsider
By Neville Spykerman
KUALA LUMPUR, Feb 14 — Perak's constitution makes no provisions for the removal of its legislative assembly speaker and Barisan Nasional is stuck with DAP's V. Sivakumar.
In a statement released in Ipoh yesterday, Sivakumar confirmed he remained the speaker of the Perak state assembly.

According to Selangor Speaker Teng Chang Khim today, the Tronoh assemblyman cannot even be removed (as Perak speaker) by a vote of no confidence.

He said that both the federal and Selangor constitution provide that the speaker shall vacate his office — if the assembly at any time so resolves. However there is no such provision in the Perak constitution.

The Sungai Pinang assemblyman, who is a lawyer, said Sivakumar can only vacate his office when he ceases to be a member of the Perak Legislative Assembly or if he is disqualified from holding other office, or resigns on his own accord.

Effectively the constitutional deadlock griping the silver state is set to continue. Sivakumar can, if he chooses, bar former Pakatan Rakyat defectors, who have "resigned" from the assembly, which will effectively reduce BN's majority in the House.

The Perak speaker had previously declared that assemblymen Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong had vacated their seats after he received their resignation letters.

Teng said the trio may have to go to court to break the deadlock but even a ruling in their favour will not change the fact that Sivakumar will continue as speaker. Excluding the trio, BN will have 28 members in the House to PR's 27, with Sivakumar as speaker.

Should Sivakumar vacate his office for any reason, the House will be considered a hung legislature because the Perak constitution provides the assembly shall transact no business while the office of speaker is vacant other than the election of a speaker.

With no clear majority, BN's Menteri Besar Datuk Dr Zambry Abdul Kadir will have no choice but to seek the dissolution of the House and obtain consent from the Perak Ruler for fresh elections.

However the sentiment of the people is clearly against BN and it would want to avoid statewide elections at all cost. "I believe they will opt to retain Sivakumar," said Teng.

However the Speaker has wide-ranging discretion in the assembly and Sivakumar has the potential to be a very painful thorn in the side of BN and Zambry.

"The speaker's decision on the Standing Orders cannot be challenged except by way of motion (a lengthy process which includes holding a debate in the House)." Ironically few people know this better than Teng.

On April 25, 2005 , he was suspended from the Selangor Legislative Assembly following an argument with then Speaker Datuk Seri Onn Ismail.

In an act of defiance Teng threw a copy of the Standing Orders into a bin when Onn rejected his motion of no confidence against then Menteri Besar Datuk Seri Dr Mohd Khir Toyo. Teng was suspended with no pay for 30 months.

Friday, February 13, 2009

Thursday, February 12, 2009

The Special Adviser's

Dear reader's, Datuk Dr Zambry Abd Kadir appointed three special advisers with the status of state executive councillors to assist him on the running of the government.

Yesterday sdr.Nga Kor Meng(Pantai Remis) lodged a report with the Malaysian Anti- Corruption Commission(MACC) against the illegal MB, Zamri for alleged misuseuse of power in appointing three advisers and a state information chief. In his report it is alleged that the advisers would be paid yearly a total of nearly RM1million as allowances.

Apparently there are no provisions for these form of appointment but in the Malaysia Boleh land any thing goes!

Two of the nominees lost in the last general elections but they have now come by the back door to represent the people. One of the nominee is also a young person only 67years old!

Finally i hear a complaint has been lodged by YB Wong Kah Woh(Canning) on the latest appointments( Zamri and his excos) to the committee of Privileges, of which, the Speaker is the Chairman. A lot of drama will unfold from now on.