Same old UMNO will never take us far.

Nowhere, actually...

The UMNO General Assembly concluded on March 28 with much buzz as Datuk Seri Najib Razak officially takes over as party president from Prime Minister Datuk Seri Abdullah Ahmad Badawi. The former promised reforms within UMNO and also the country to undo the much damage being done as racial tensions in Malaysia is currently being pulled to a thread.

Whilst many observers a.k.a non-UMNO members are being pessimistic with the promises of Najib, the new party president and future Prime Minister has urged the public to 'judge him by his actions' [source]. One might already attribute the recent Perak constitutional saga as the basis for such judgement but the biggest concern for the future of Malaysia, I believe, lies not only on one man but the whole lot he would be leading into the future.

Double Standards

Melaka Chief Minister Datuk Seri Mohd Ali Rustam was barred from contesting in the party polls when three of his "agents" were found guilty of being involved in vote-buying. Rembau MP Khairy Jamaluddin was handed a 'warning letter' by the party disciplinary board for money politics. If vote-buying is a form of corruption and thus a crime, the question mark hangs over the MACC's indecisiveness in taking the appropriate action against the two. [source]

The double standards were obvious. Ali Rustam was not allowed to contest for the vice-presidency but was able to retain his position as Chief Minister. And Khairy who eventually won the seat of Youth Chief was only 'cautioned' despite being found guilty of money politics. Corruption is corruption. There is no such thing as 'a little bit of corruption'.

Left: Datuk Seri Mohd Ali Rustam.
Right: Khairy Jamaluddin

Same old racial rhetorics

Fear-mongering was once again the common theme. During the debate of the UMNO Youth assembly, some pointed out that the rights of the Malays, the position of Islam and the Malay culture, enshrined in the Constitution, had been questioned by certain parties [source].

The fear is unfounded as the only the thing that these 'certain parties' are disputing is the racial supremacy philosophy enshrined in the UMNO psyche and not the position of the Malays guaranteed in the Constitution, the position of Islam and the Malay culture. The problem balloons when some fail to distinguish the disparity in meanings.

Many also called for the party supreme council to restore the membership of Bukit Bendera UMNO chief Ahmad Ismail who was suspended for a racial slur in a by-election campaign speech. Perlis delegate Jafri Othman suggested that Ahmad Ismail did no wrong in defending the Malay rights and should not be punished so severely. He went on to say UMNO members must not stay quiet while watching the Malay rights being questioned.

Is undermining Malaysians of a different ethnic group part and parcel of the Malay rights? My understanding of the Federal Constitution says not.

"When we Malays speak about other races, we get suspended. But when others question our rights and hurt our feelings, they get away with it," Penang delegate Mohd Zaidi Mohd Said who said Malay supremacy should be safeguarded at any cost. [The NST Online, 26/3/09]

Mohd Zaidi believes both Penang deputy chief minister Mohamad Fairus Khairuddin and former Perak Chief Minister Datuk Seri Mohammad Nizar Jamaluddin was being used by DAP for its own political agenda.

Hypocritical loyalty

UMNO Youth delegate from Kelantan Mohd Affendi Yusof took the opportunity to criticise ousted Perak Chief Minister Mohd Nizar Jamaluddin during a debate session for his famous quote: "Mohon maaf tuanku, patik mohon derhaka.” (Your highness, forgive me for I plead to commit treason.). [source]

He also said UMNO has been very lenient and patient towards Pakatan’s antics (in relation to the Perak constitutional crisis).

In English, that phrase would probably mean Nizar is defying the monarchy i.e treason. But an UMNO member like Mohd Affendi fails to understand that in his native language (which happens to be the national language) and Malay culture, "Mohon maaf tuanku, patik mohon derhaka" is a royal language or bahasa istana which a commoner like Nizar is compelled to use when speaking to a monarch. The former Perak Chief Minister was begging to differ with the Sultan of Perak's opinion. Does that amount to treason?

Going by that premise, UMNO is also guilty of defying the role of the monarchy. In 1983 and 1993, then Prime Minister Tun Dr. Mahathir Mohamad removed the royal veto and royal immunity by amending the law. With effect of this amendment, royal opinion and consent became irrelevant in the passing of bills by the Parliament.

In fact, the wise idea of having a democratic country could also be considered as treason to the monarchy. After all, having a written constitution limits the powers and role of the monarch. So why not just restore the feudal system and abolish democracy?

“In Islam, there is no forgiveness for those who commit treason against the sultan. We cannot be soft anymore. We must use force. And we will use it immediately after the annual general assembly ends,” Kelantan delegate Mohd Affendi Yusof said. [Malaysiakini, 25/3/09]

Use force ? Now where is the Internal Security Act when there is an open call for civil unrest ?

The future of a Malaysia for all Malaysians?

UMNO may preach they reflect the views of the entire Malay community in this country. However, I beg to differ as UMNO is not a race and therefore is not the sole voice of a particular community. Unfortunately for us, being the country's biggest political country would mean an ounce of err by UMNO is a pound of failure for all Malaysia. UMNO's words and actions now dictates where Malaysia would be heading in the next 50 years (whether we like it or not).

Despite the rhetorics of racial supremacy and fear-mongering arguments, Datuk Seri Abdullah Ahmad Badawi still manages to remind UMNO that it must never adopt racist positions to undermine the other races. [source]

"Umno must never practise discrimination to the extent that non-Malays view it as a racist party. The rights of every citizen must always be protected, guaranteed and respected, as provided by the Constitution and as encapsulated in the Rukun Negara.The loyalty of every Malaysian citizen irrespective of race must always be appreciated in the spirit of power sharing and friendship. We must be conscious to the fact that we have already reached agreement that we would together bear the responsibilities of building our nation; that we would sink or swim together. Let us concentrate on the commonalities that unite us, rather than the differences that can divide us," he said. [The Malaysian Insider, 26/3/09]

Too late for him and rather unfortunate for us, the sweet preaching words of a united and equal Malaysia will continue to fall on deaf ears as the Malay saying goes "bagai mencurah air ke daun keladi" - unless UMNO loyalists from every fabric of society realise that we, irregardless of race, are together in this boat we call Malaysia. Sink or sail, that is entirely up to us.
Click here to read more...

Playing the race card: Old habits die hard

KUALA LUMPUR, March 22 - Malay right-wing group Pertubuhan Pribumi Perkasa today threatened that it would react to the actions of those who chose to question Malay supremacy. [The Malaysian Insider]

They say old habits die hard. And in Malaysia, die hard they do. On March 22, a Malay right-wing group known as Perkasa threatened it would react to those who constantly challenge the supremacy of the Malays. The latter is one notion Malaysians are familiar with, though it sounds awfully similar to UMNO's mantra.

Its president, Datuk Ibrahim Ali (image) who is also an independent MP of Pasir Mas, said he was willing to risk being detained under the Internal Security Act (ISA) for the sake of "country, race and religion." He further reiterates to suggest that those questioning the supremacy of the Malays do not act in the name of justice. I sure hope he does not mean having another May 13 would be one.

"If they are polite, we will be polite. But if they are not, neither will we. If they are kurang ajar (ill-mannered), we too can be kurang ajar. The truth is that justice has not yet come to Bumiputeras who have spent centuries being oppressed by colonial masters. We will not tolerate Bumiputeras losing face or our honour. Especially Malays and Islam, do not ever try to play around with these," he said. [The Malaysian Insider, 22/3/09]

Speaking at the group's function was former Prime Minister Tun Dr, Mahathir Mohamad who believes the Malay community was under threat by 'various parties' and suggest it was unfair to label Malay nationalists as racists as they are merely fighting to protect the rights of their community.

The trend of rising racial tensions in Malaysia has been at its peak as more non-Malay Malaysians are beginning to voice their concerns after decades of pro-Malay policies. But the main worry lies when politicians cry wolf of threats that may not exist after all. In the case of Perkasa, its president is urging the Malay masses to fight a threat that is non-existent. What he fails to prove is this so-called 'threat to Malay supremacy' of his.

There is a distinction between the term 'special position of the Malays' and 'the supremacy of the Malays'. The latter is a philosophy engineered by UMNO, like Ibrahim Ali, to elevate one race above the others; i.e racial supremacy. The term 'special position of the Malays', however, is a Constitutional provision to guarantee the position of the Malays as the natives of the land. I believe many non-Malays have no problem agreeing to this. But the problem starts when politicians begin to equate the constitutional provision with the UMNO-designed racist belief.

But who is denying the constitutional provision of the Malay community? Just who is calling for the Malays to leave the country? If none, then what 'threat' is Ibrahim Ali to claiming about?

(To read why racial supremacy of any kind is dangerous to the country's future, click here)

Ibrahim Ali had last year also called on other races to adapt to the local culture of Malays as they have already been given many rights and freedoms in this country. But would that solve the problem? There is no guarantee that the elusive 'threat' of Ibrahim Ali's would dissipate if all non-Malays adopt the Malay culture. No surprise if terminologies are invented to differentiate the 'native Malays' with the 'adopted Malays'. After all, they already had no problems separating Malaysians into Bumiputeras and non-Bumiputeras despite having the term "Malaysian" stamped on every national identity card.

Unless fear-mongering politicians stop playing the racial card, the future of a Malaysian Malaysia seems bleaker than ever before. People who heed the call of one race's supremacy over the others do not realise that as Malaysians, all races are in this together albeit a tough act to pull. We can no longer afford to just be selfishly concerned with our individual community-be it Malay, Chinese or Indian if we truly believe in the concept of Bangsa Malaysia.

In truth, the real danger is the prospect of a disunited, racist Malaysia.
Click here to read more...

City Council serves notice to a tree

IPOH, March 14 2009— The Ipoh City Council has now taken its turn to fuss over Perak’s democracy plaque, claiming that the structure was an obstruction in a public area. [The Malaysian Insider]

Idiocy knows no boundaries. That was the case for the Ipoh City Council when they issued a notice to a 'tree' for illegally erecting a plaque which the council claimed was causing public obstruction. This bizarre incident marks history's first as tree was issued a municipal notice. In Malaysia, notices from city councils are usually addressed to humans.

The tree was dubbed the "Democracy Tree" for its role in history when 28 Perak state assemblymen held the country's first emergency state assembly under a tree after being denied entry into the State Secretariat by the police on March 3. A plaque was then constructed under the tree to commemorate the historic event but was recently damaged by vandals.

Despite being locked out of the State Assembly building, the emergency sitting managed to pass three votes – expressing their confidence in Datuk Seri Nizar Jamaluddin as mentri besar; calling on Nizar to seek a dissolution of the state assembly; and endorsing Sivakumar’s suspension of Zambry and the de facto BN executive council.

All 28 assemblymen, including Pakatan Rakyat's ousted menteri besar Mohd Nizar Jamaluddin and Speaker V Sivakumar, are currently being probed by the police for their 'illegal assembly' under the tree. For all that it's worth, an assembly may be held under a tree because there is no no law against it as long as it was the Speaker's decision to convene an emergency sitting. How could the police view a gathering of state assemblymen as an 'illegal assembly' was baffling. In fact, barring state representatives from their duties by sealing the entire state secretariat would poise the greater crime in this case, would it not?

However, the biggest joke was with the Ipoh City Council who pinned a notice on the “Democracy Tree” , informing the 'owner' of the plaque to remove the monument within 24 hours before it gets destroyed. The 'owner', of course, was the 'tree'.

According the to council, the structure posed an obstruction to the public and hence contravened Section 46(1)(a) of the Road, Drainage and Building Ordinance 1974. The plaque was finally removed on March 16.

Next: Stray dogs to get eviction notices.

Before and after: The vandalised plaque under the foliage of the green offender. (images from http://blog.limkitsiang.com)

Click here to read more...

Pro-Malay policies are damaging the country. And they know it

KUALA LUMPUR, Feb 24 – Malaysia will relax some of its pro-Malay economic policies as part of a major stimulus package to keep the economy from faltering further, Minister of International Trade and Industry Muhyiddin Yassin said yesterday. [The Malaysian Insider]

Pro-Malay policies are damaging the country. And they know it. But nothing seems to be going around the tables of the policy makers to address the issue of inequalities enshrined in the New Economic Policy (NEP) that has been the subject of controversy since its inception in the 1960's.

The proponents of the NEP argue that the policy was intended to give a boost to the less economically-fortunate ethnic Malays, as compared to the other ethnic groups in the country. It had noble intentions, yes I agree. But the question was how long does Malaysia need for an unequal playing field to exist between the ethnic groups before the policy becomes discriminative? 20 -30 years?

(Click here for my previous article on the NEP.)

No one knows because the NEP has not been discontinued despite the lack of convincing results after 40-odd years - with some quarters claiming the 'economic inequalities' given to the ethnic Malays were divine rights. But speak to a rational Malaysian and he/she would tell you that such discriminative policies should either be done away or re-amended to encompass all members of every ethnic group who are less fortunate. There are also poor ethnic non-Malays out there as there are poor ethnic Malays in this country.

The fact that the government was willing to go easy on pro-Malay policies now during the economic slowdown has shown that such policies that favour one ethnic group over another is detrimental to the country's economic future. Pro-Malay policies are in the way of healthy economic growth and is keeping foreign investors away from investing within our shores. By going easy on them, it does go a long way to help steer the nation out of the current global turmoil; thus making Malaysia competitive again!

To say Malaysia is not affected by the global economic crisis would be a public lie. Malaysia's exports have fallen 14.9% from December last year given the export demand for local goods have declined.

It was reported that the government would scrap the guidelines for the retail sector in order to keep the economy from worsening. Under the guidelines, retailers and restaurants in Malaysia were required to have 30% bumiputera equity participation if they had more than 15% foreign shareholding. They were also required to have boards, management and staff reflecting the demographics of Malaysia - meaning a certain number of bumiputera workers had to be employed regardless of their qualification or competitiveness.

So when is the time for Malaysia to move beyond racial lines in our economic policies? On March 2, PAS spiritual leader Datuk Nik Abdul Aziz Nik Mat (image) said the NEP had neglected the rights of the non-Malays and even labelled the "bumiputera'' terminology as racist. DAP’s Dr Boo Cheng Hau, the opposition leader in Johor was reported to have even compared “bumiputeraism” with apartheid. Too strong of a comparison from the DAP man? Maybe. Just maybe.

UMNO Youth's Khairy Jamaludin took a swipe at the PAS veteran, Nik Aziz for saying the NEP was discriminative to the non-Malays. According to Khairy, the NEP had never discriminated against the non-Malays in the disbursement of aid and the approach taken by the Barisan Nasional government.

“I feel Nik Aziz’s remark was not accurate. May be he had been wrongly informed by his officers.We have never suppressed or oppressed other races and previously at the initial stages, we gave priority to the Bumiputera because they were the poorest at that time," he said. [The Malaysian Insider, 2/3/2009]

That 'time' has long gone by, Khairy...
Click here to read more...

Toll rates should correlate with traffic volume!

- A commentary -

KUALA LUMPUR, Feb 26, 2009 — Toll rates will go up at five major highways from March 1, the government said in an announcement today which has already drawn sharp criticism from the Pakatan Rakyat. [The Malaysian Insider]

This is absurd. It is not as if the toll rates for the five major highways (North-South Expressway, Sprint/Kerinchi/Damansara Link Highways, Ampang Elevated Highway, Sungai Besi Highway and the New Pantai Expressway) are not high enough to be burn holes in our pockets.

Works Minister Datuk Seri Mohd Zin Mohamed said the federal government had no choice but to allow the increase in toll rates as stated in toll concession agreements. The government has shown little or no consideration whatsoever to the plight of the people given the current current economic situation of the nation. The minister said the government would have to pay concession holders compensation if the increase was not allowed.

And one day later after announcing the hike in toll rates, the federal government said it would defer the hike till end of the year following mass protests from MPs and members of the public. At the mean time, taxpayers would still need to pay RM287 million in compensation to toll concession holders. Regardless of whether the toll rate hike is in effect now or later at the end of the year, the people of Malaysia is still at the losing end - pay higher toll rates or risk losing public funds to compensate concession holders.

As I understand, toll rates are collected from road users to pay off the cost of construction of highways. But the main question is how long does the public need to pay to cover the cost? Instead, highways have been money-making machines for concession holders that include high profile, well-linked businessmen and companies. The trick up their sleeves is wipe off any code of transparency in toll concession agreements from the public under the Official Secrets Act (OSA) - meaning such agreements are filed as state secrets. One can only imagine how agreements on highway construction could be a threat to national security. It's not like the North Koreans or the Israelis are interested in our tolls.

The five major highways bound to have its rates raised enjoy stupendous traffic volume everyday. And yet, toll rates are reviewed and raised every few years without bearing in mind its effect on the pockets of the middle-class. Toll concession holders may argue rising maintenance costs to justify toll rate hikes but let's look at it this way. The tarmac on the highways remains the same. So really, how expensive could maintaining tarmac be. Streetlights along the highways are not exactly lighthouses too. Unless there are gargantuan holographic road signs or ion-powered chrome streetlights to justify the toll rate hike, I do not see why road users have to dig deeper into their pockets every now and then.

To give a glimpse of what is to come unless Malaysians reclaim their highways, a return KL-Penang journey (currently at RM86.60) will balloon to RM115.30 in 2015 and RM168.80 by 2030.

Highways should not be 24 hours-a-day-7-days-a-week wealth machines, serving to fill the pockets of wealthy concession holders and well-connected companies. On February 25, the DAP proposed for a toll-free North-South Expressway by 2016 that the party said will save taxpayers RM14 billion (Click here for a detailed summary of the proposal).

And I personally welcome that notion.

To conclude, I believe toll rates should be proportionate to traffic volume. It makes no sense to raise the toll rates to 'cover costs' when traffic volume increases exponentially every year. If logic permits, the toll rates should be reduced as more motorists are sharing the 'costs'. Hence, I believe that toll rates should correlate with traffic volume and not at the mercy of highway concessiors. That way, it makes more sense for every cent spent on toll rates.

Toll rates of 2007 and 2008. Note the increase. (Image courtesy of: http://www.jeffooi.com)

Click here to read more...

UMNO turns to the British for help on Perak crisis

KUALA LUMPUR – An Umno lawyer is understood to have been instructed by the Barisan Nasional (BN) party to seek advice from a Queen’s Counsel in London in an effort to break the constitutional impasse in Perak. [The Malaysian Insider, 22/2/09]

The petulance of Malaysian politics has taken another twist. This time, it is reported that UMNO has instructed one of it's lawyers to head thousands of miles across the eight time zones to London, with hope of finding a solution to the constitutional crisis already brewing in Perak.

The political cul de sac in Perak started off with the formation of a new state government, spearheaded by the Barisan Nasional (BN), through undemocratic means. The previous administration was led by (now former) Chief Minister Datuk Seri Mohammad Nizar Jamaluddin of PAS. Many have called the dissolution of the Pakatan Rakyat-led state government as unconstitutional and undemocratic but cries of justice have gone fallen on deaf ears. Interestingly, in a recent SMS poll organised by a local television channel, 79% of its participants agree that fresh elections should be held in Perak.

However, the Perak State Assembly is technically, still in the hands of the Pakatan Rakyat. On February 18, Perak state legislative assembly speaker V. Sivakumar (of DAP) suspended the newly appointed Chief Minister Datuk Dr Zambry Abdul Kadir (image) and his executive council members from attending the state legislative assembly. Sivakumar ruled that Zambry and the six new executive councillors were in contempt of the assembly due to their undemocratic appointment into power.

And now, UMNO is turning to our former colonial masters for legal advice to break the deadlock; with the intention to legitimise the establishment of the new Perak state government. The party have instructed one of its lawyers to meet a representative of the Queen's Counsel (QC) in London.

The QC or known as the King's Counsel during the reign of a male monarch, are lawyers appointed by letter patents to be one of "Her [or His] Majesty's Counsel learned in the law". Members have the privilege of sitting within the Bar of court.

But the questions is: Why the need to go all the way to London to seek legal advice when we have our very own Malaysian Bar Council who can do the job? Isn't this a waste of resources?

Well, the reason is clear. The Malaysian Bar Council have already given its Pakatan-friendly verdict on the Perak constitutional dilemma. On February 19, the council's president, Datuk Ambiga Sreenevasan said snap elections in the state were the best solution to democratically decide the legitimacy of the new state government.

"Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole," she said in a press statement. [The Nut Graph, 19/2/09]

Would the Queen's Counsel in London draw the same conclusion as the Malaysian Bar Council? Only time would tell. But if they don't, Robert Mugabe's counsel of lawyers might just be next on UMNO's list. Only then, would they get an answer they want.
Click here to read more...

Khir Toyo, do you bathe with your clothes on?

-A commentary-

KUALA LUMPUR, Feb 16 – Selangor Opposition Leader Datuk Seri Mohd Khir Toyo urged state executive councillor Elizabeth Wong to resign immediately after her nude photos were circulated. [The Malaysian Insider, 16/2/09]

Bukit Lanjan assemblyperson and state exco member Elizabeth Wong (image) had pictures of her naked being circulated - believed to have been the work of her ex-lover. The pictures were reportedly taken while she was asleep in her own bedroom. However, Malaysians are not naive to rule out any sinister plot by her political enemies to oust her from the seat of power. That notion, no matter how speculative it may be, do hold some water following the coup d’état in Perak by the Barisan Nasional coalition. Nonetheless, what remains speculative shall remain a speculation.

On February 18,Wong offered her resignation as Bukit Lanjan assemblyman and Selangor executive council member in order to 'protect best interests' of her party. But Selangor Menteri Besar Tan Sri Khalid Ibrahim did not accept it and asked her to go on leave instead. Various women groups and public figures have come out to support Wong.

Whilst her supporters including Pakatan leader Datuk Seri Anwar Ibrahim are asking Wong to reconsider her decision to quit politics, former Selangor Chief Minister Datuk Seri Mohd Khir Toyo manages to steal the limelight by describing the scandal as an embarrassment to society.

“This is about morality, whether the pictures were taken with or without consent is another matter, I cannot accept a lawmaker whose morality is questionable. This is very embarrassing for the people of Selangor. This is about leadership, the people will not be able to accept this,” Khir Toyo said. [The Malaysian Insider, 16/2/09]

Taking the sex scandal of Datuk Seri Chua Soi Lek just over a year ago as an example, Khir Toyo explained how the Barisan Nasional asked the former Health Minister to resign following a video recording of his extra-marital fling with a women.

Khir Toyo further adds that the current scandal involving the 39-year old PKR politician reflects poor leadership and hopes that Opposition leader Datuk Seri Anwar Ibrahim would 'clean up' the party.

Who is Khir Toyo to give us a lesson on morality?

The former Selangor Chief Minister made a grave error by comparing the latest distribution of nude pictures with the sex video of Chua. Both scandals are not the same.

Elizabeth Wong had her pictures taken while she was sleeping without her clothes on. Immoral? No. Every person has a right to his/her own privacy and there is no law to say one can or cannot sleep naked, let alone one's very own bedroom.

Emotional moment: Wong reacting as she announces her offer to resign during the press conference at the PKR headquarters in Petaling Jaya yesterday. (The Star, 18/2/09)

Elizabeth Wong had done nothing wrong. The real crime lies with the person responsible for distributing her nude pictures. Chua Soi Lek, on the other hand, had his extra-marital affairs caught on tape. Infidelity is immoral. Sleeping naked is not.

Now, I am not defending Chua's decision to resign following his sex video. I believe the private lives of every citizen-including a politician's-demand the same degree of respect. But the conservative civic conscience of ours simply cannot accept an 'immoral' public figure. Blame it on our Asian cultural dogmas, you may but it is a common expectation for the private and professional lives of politicians to closely entwine.

In Elizabeth Wong's case, her privacy was betrayed. Sleeping naked is perfectly fine as it is no crime for her to do so in her own home. So, how does that make her immoral?

Khir Toyo should be asked whether he would resign if someone snaps a photograph of him taking a bath? Of course he would! After all, it is immoral to bathe without one's clothes on!

The former Selangor Chief Minister is vying for the UMNO Youth Chief post in a three-corner fight with Datuk Mukhriz Mahathir and Khairy Jamaluddin in the upcoming party polls scheduled for March. Nonetheless, Khir Toyo should have known better: Reckless and uneducated statements are not an effective way to gather votes. They only make a politician look stupid.
Click here to read more...

Suggestion to ban Karpal from Perak unconstitutional?

ALOR SETAR: The Kedah Royal Household Association (PKDK) is proposing the Sultan of Perak, Sultan Azlan Shah, ban DAP national chairman Karpal Singh from entering the state. [The Star, 12/2/09]

DAP veteran leader Karpal Singh (image) announced his intention to take the Sultan of Perak to court for allegedly 'acting unconstitutionally' in the latest political coup by the Barisan Nasional coalition. The Pakatan Rakyat state government of Perak found themselves out in the cold when four assemblypersons defected to the BN, allowing the latter to form a new state administration under Datuk Dr Zambry Abdul Kadir as the succeeding Chief Minister.

To read a detailed chronology of events, click here.

Despite the disputed resignation letters filled by three of the four defectors, by which their seats could be considered if its validity could be verified, the Sultan of Perak did not only fail to dissolve the state assembly for a re-election but also asked then Chief Minister Datuk Seri Mohammad Nizar Jamaluddin to step down. His Majesty's actions were viewed by some as unconstitutional as Article 16(6) of the Perak Constitution states that:

If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

In other words, the only way the Chief Minister can resign from his post is for a vote of no confidence by the Perak State Assembly or the assembly being dissolved by the monarch. There has neither been a call for a vote of no confidence against him nor has the assembly been officially declared dissolved. Nonetheless, the new BN state government went on to install a new Chief Minister despite the legal discrepancies.

The biggest critic of His Majesty Sultan Azlan Shah was Bukit Gelugor MP, Karpal Singh. The ever-fiery politician planned to take the monarch to court to settle the legitimacy of his actions over the appointment of the new Chief Minister and the establishment of a new state government. Many quarters have heavily condemned the politician with some even suggesting he'd be stripped of his citizenship for questioning the power of Malay rulers.

On February 11, Karpal decided to back down after a long discussion between party leaders to take the Sultan to court. Pakatan leaders unanimously agreed that the monarch should not be sued and Karpal said he would fall in line with the party's stand despite disagreeing with it.

However, that did not stop further criticism being hurled at the DAP national chairman. The latest of which was from The Kedah Royal Household Association (PKDK). The association is proposing to the Sultan of Perak to ban Karpal from entering the state. Its president Datuk Tengku Zainol Rashid Tengku Yahya suggested it was an appropriate form of punishment for one who had insulted the Perak Ruler.

“We propose that the Sultan of Perak ban Karpal from entering the state as we feel that his action is against the country’s Constitution. His action also (does no good) to his credibility as a senior lawyer and as an elected representative,” he said at a joint press conference with the Malay Unity Action Front (BBPM) here Thursday. [The Star, 12/2/09]

Now, the last time I checked, we live in the 21st Century where the monarchies of our country are bounded by the written law we call the constitution. A more superior law would be the Federal Constitution which takes precedence over the constitution of any state within the federation. Hence, for the PKDK to suggest or think the Sultan of Perak has the power to ban any citizen from entering the state is unconstitutional.

I may not be a lawyer (and correct me if I am wrong, lawyers) but from my quick study of our Federal Constitution, I found out that in Article 9, it states:

• (2) Subject to Clause (3) and to any law relating to the security of the Federation or any part thereof, public order, public health, or the punishment of offenders, every citizen has the right to move freely throughout the Federation and to reside in any part thereof.
  

• (3) So long as under this Constitution any other State is in a special position as compared with the States of Malaya, Parliament may by law impose restrictions, as between that State and other States, on the rights conferred by Clause (2) in respect of movement and residence.

There are two points which, I believe, the PKDK have overlooked. Article 9 (2) states that every citizen (and I believe Karpal is one!) has the right to move freely throughout the country. The Federal Constitution already provides the liberty to every citizen the freedom of movement within country. So, what gives PKDK the right to suggest who should be banned from entering which state.

Clause (2), however, mentions the restriction of such liberties to citizens who are deemed threats to national security . The PKDK may argue that Karpal is a 'threat' to public order for questioning the Sultan of Perak and rousing the anger of many. Even so, Clause (3) states quite clearly that such restrictions are under the jurisdiction of the Parliament. The issue here is that the PKDK has asked the Perak Ruler to ban Karpal from entering the state, implying that His Majesty has the power to do so.

We no longer live in feudalistic days where the monarchy was absolute. State governments are democratically elected and hence, the real power lies with the people.

In his 2004 book, Constitutional Monarchy, Rule of Law and Good Governance, the Sultan of Perak said:

"Under normal circumstances, it is taken for granted that the Yang diPertuan Agong would not withhold his consent to a request for the dissolution of Parliament. His role is purely formal."

And that extends to state Rulers as well, I presume? But then again, what do I know about law!
Click here to read more...