Struggle for power in Perak: A test of the Constitution

The ‘political standoff’ in Perak since January is really mind boggling to the majority of the rakyat. This morning, the State Assembly will convene since 13 November 2008 and one of the agenda is to endorse the appointment of Pangkor ADUN Dato’ Seri Zambry Abd. Kadir, who was sworn in by HRH Paduka Seri Sultan  Perak Tuanku Sultan Azlan Shah on 6 February 2009.

Unlike the previous ‘sitting’, deemed illegal, which was called by the Speaker Suvakumar without proper notification period and expressed consent from HRH Paduka Seri Sultan and had to be conducted under a tree (to create the drama effect), this morning’s sitting is in accordance with provisions of the Perak State Constitution and protocol of the State Assembly.  Proper notice from the State Assembly Secretary  was issued and with explicit consent of HRH Paduka Seri Sultan and conducted in the augur house in full regalia and traditions.

The previous Menteri Besar, DAP-puppet MB Dato’ Seri Mohd. Nizar Jamaluddin lost his qualifications as the state Chief Executive when  HRH Paduka Seri Sultan personally interviewed the three Pakatan Rakyat (PR) ADUNs, who denounced their support for the former and the latter was convinced that BN had the majority support in the State Assembly.

Yesterday, Fourth Prime Minister Tun Dr. Mahathir Mohamad cautioned about the nation should observe what is provided and stated within the Federal and State Constitution. These are the basis of any legitimate decisions and/or actions that anyone could and should make.

The Star has the story:

Thursday May 7, 2009

A ruler can’t remove head of state govt, says Mahathir

PUTRAJAYA: The head of a state government cannot be removed by the state’s ruler if provisions under the state constitution are the same as those under the Federal constitution, former Prime Minister Tun Dr Mahathir Mohamad said.

He said the Federal constitution stated clearly that the monarch could decide on whether or not to appoint an individual as the Prime Minister, but did not have the power to remove the premier. The Prime Minister can only be removed through a vote of no-confidence in Parliament.

“I think the provisions in the Federal constitution should apply to Perak but I do not know (the Perak state constitution). If Perak is different, then I stand corrected,” he said at a press conference after delivering his keynote address on ‘The Role of the Executive, Legislative, Judiciary and Constitutional Monarchy’ at the ninth Perdana Discourse Series here yesterday.

Asked if he thought there had been any abuse of the system in the removal of former Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin by Sultan Azlan Shah of Perak, he said the matter had been referred to court and the court should be allowed to decide.

Dr Mahathir said he also felt Barisan Nasional had rushed into taking over the Perak state government when it should have taken the time to consider the decision properly before acting.

“When we are in too much of a hurry, we always make mistakes. In any situation, always give yourself time to think,” he said.


What happened in Perak in February 2009 is the same thing that happened in March 2008. The 12th General Elections saw BN only managed to win 28 seats of the 59 seat State Assembly. The other 31 seats went to DAP, PKR and PAS. Since BN was the only party constituted as a coalition between several political parties and the other 31 newly elected ADUNs comprises of three different political parties, which working relationship has not be formalized, HRH Paduka Seri Sultan decided to not hastily appoint the 9th Menteri Besar.

After meeting up with the 31 Non BN ADUNs, HRH Paduka Seri Sultan is convinced that BN no longer have majority control of the house and the position of the Perak Menteri Besar was offered to the three loosely ‘co-operating’ parties. After much horse-trading, the three political parties nominated Pasir Panjang ADUN Ir Mohd. Nizar Jamaluddin as the Menteri Besar and HRH Paduka Seri Sultan sworn him in.

That is exactly what HRH Paduka Seri Sultan did in February when DAP-puppet MB Nizar sought audience and requested to dissolve the State Assembly, after the 2 PKR and 1 DAP ADUNs openly threw their support behind BN. HRH Paduka Seri Sultan did not automatically honour the request but instead personally interviewed the three ADUNs and was convinced that DAP-puppet MB Nizar no longer enjoy the majority control of the Perak State Assembly and ruled within the provisions of the Perak Constitution that DAP-puppet MB Nizar lost his qualifications as the Menteri Besar. Someone with the support of the majority should be appointed instead. Hence,  after consultation with then DPM Dato’ Seri Mohd. Najib Tun Razak, who was acting in the capacity of Perak UMNO and BN Liaison Chairman, Pangkor ADUN Dato Dr. Zambry  Abd. Kadir was offered the position.

The fact is that, it was said that HRH Paduka Seri Sultan Azlan Shah acted in accordance to the Article 16 (6) of the Perak Constitution and was very consistent in the approach and method to ascertain which party has the constitutional right to power in the state. Despite reminding that everything should be done in accordance with the Federal and State Constitutions his speech and media conference yesterday, Tun Dr. Mahathir also admitted that he was not conversant with the Perak Constitution. He also ask for everyone to wait for the Courts’ decision on this landmark case.

Being the former Lord President of the Supreme Court of Malaysia, HRH Paduka Seri Sultan Azlah Shah must have considered all the provisions within the Perak and Federal Constitution before making any decision, be it in March 2008 or February 2009. Since he was the Lord President before Tun Salleh Abas’s expulsion from the Bench in 1988, his credentials as someone who can interpret the law should be somewhat of nothing short of an illustrious standing (The Oppositions have been very rabid on how everyone post Tun Salleh Abas’s expulsion as the Lord President in 1988 are ‘of doubtful standing and qualifications’). Everyone must take in good faith that HRH Paduka Seri Sultan Azlan Shah carefully considered all points and arguments before making a decision, as how it was when he sat as the Lord President, Chief Judge of Malaya, Supreme Court Judge and High Court Judge. By far, Raja Azlan Shah was the youngest person ever appointed as a High Court Judge in Malaya, at the age of 37 and had an illustrious career on bench, only to leave because of the ascension to the Perak throne. He was also the eighth HM Seri Paduka Baginda Yang DiPertuan Agong.

We share the same concern of what Tun Dr. Mahathir reminded, for the second time. UMNO and BN should carefully plan on their strategies and actions. This is important as any changeover control and management of any state must be in accordance with the Constitution. The Federal Constitution encompasses any provisions of the State Constitution and the practice of ascending to power. In the essence of carpe diem that spun off from the defection of BN Bota ADUN (which suspiciously look like there was no careful planning and execution), BN may not be able to hold grounds as the way of the ascension into power is not within the constitution and when it is overturned, the disgrace that UMNO and BN have got to face up could be strategically devastating.

The case is now being heard in the Courts.  For the first time in Malaysian 52 years of constitutional history as a sovereign state, the interpretation of a state constitution and action of a Ruler is being challenged. As for the PR biadap and ingkar trouble makers, the authorities should decisively reprimand them in accordance to the limit of the law and HRH Paduka Seri Sultan should seriously consider to revoke all the state awards. If they do things that are detrimental to national security, which include sedition, then throw the book at them. Even invoking the dreaded Internal Security Act is constitutional.

Published in: on May 7, 2009 at 09:06  Comments (11)  

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11 CommentsLeave a comment

  1. Justice ≠ Law + Ethics

    Sometimes it makes me wonderwhy ISA is only being used on certain segment of people.

    Seditious~ hmm~ it seems this accusation is only applicable to certain segment only too.

    Well~ even if those who has been shouting for the abolishment of ISA come to power, doubt they will abolish it then. It’s such an useful toy to begin with.

    • care to provide specific details rather than resorting to vague “wondering”

      this technique is called “planting the seeds of doubt”

      • Yup.

        When in upper hand, control. When starting to loose control and market share, create a doubt.

        Then prolong the doubt to confuse people more.

        When people are confused, strike again! Throw in all the mumbo-jumbo excuses like “Universal values” etc etc, to spice in the ‘moral standing’ into the whole thing. The means justify the end.

        Typically opportunists!

  2. Apa tunggu lagi????




    Kerajaan apa tunggu lagi?????


    Akta Hasutan, Kanun Keseksaan, ISA…..semua ada. GUNAKANLAH!!!!



    • Setuju dan amat tepat!

      Kami pun hairan, kenapa Dato’ Hishamuddin Tun Hussein, selaku Menteri Dalam Negeri masih berlembut. Dah sah dan terang begitu banyak undang undang dicabuli oleh Pemimpin dan penyokong Pakatan Rakyat semalam.

      Sebelum ini, bolehlah disalahkan kerana sifat ‘lembab’ PM ‘Flip-Flop’ Dato’ Seri Abdullah Ahmad Badawi selaku PM dan Dato’ Seri Syed Hamid “Kodomo Lion” Albar selaku Menteri Dalam Negeri.

      Rata rata rakyat mahu tindakan dilaksanakan, mengikut undang undang agar segala proses dan strategi untuk menghina Raja Melayu, pencabulan Perlembagaan, melanggar prosedur dan protokol Dewan, memperkudakan keterbukaan proses keadilan dan menguji secara maksima kesabaran rakyat dan membakar sentimen perkauman ini DI HENTIKAN SERTA MERTA dan MEREKA YANG BIADAP DAN PENGKHIANAT INI DIADILI DAN JIKA DISABITKAN, DIHUKUM SEKERAS KERASNYA!



      Ini juga bagi menjamin kepentingan majoriti, kedudukan Raja Melayu, keluhuran Perlembagaan dan kemuliaan dan tradisi prosedur dan protokol dipertahankan sewajarnya.

      • Sokong amat amat sekali.

        Jika pihak berkuasa masih berlembut, mereka ni akan terus membuat kacau, lebih lebih lagi ketika kes liwat anwar menjelang tiba.

        Rakyat yang masih beridiam diri harus bersuara menuntut keamanan.

  3. Dorongan pengunaan darurat untuk kepentingan BN sendiri memang kurang pandai. Fikirlah dengan baik sebelum akibat UMNO yang gila kuasa, terus akan hangus parti sendiri.

  4. haha… i bet you guys are proud to see your bn people resort to brawn in the end.
    thanks for playing the role of thugs for the world to see.
    you may continue with your chest beating – and the louder the better.
    and make sure you keep up with the singing of your own funeral march, ok?
    don’t ever let people forget what you guys are made off.
    be proud of who and what you are.

  5. […] PR primates playing by the pandemonium rule in what should be a gentlemens’ game Perak pandemonium is all about Pakatan Rakyat (PR) people only want to play the rules that they like and pick. That’s all! Completely nothing about order, respect, procedure, protocol and even decency behaviour, even in the presence of a Ruler and in the most formal occasion, some more in an augur house! For the PR people, who is worthy to be called as ‘Primates’, there is no such Constitution the play by. […]

  6. […] sebagai ‘pihak jahat’ dan anti-aspirasi akar umbi rakyat Perak, walaupun melaksanakanya melalui peruntukan Perlembagaan dan mendapat perkenan DYMM Paduka Seri […]

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