The Chinese Chauvinist DAP commies failed to use the High Court to stop Fourth Sarawak Chief Minister Tan Sri Abdul Taib Mahmud from being appointed and ascending the position and role of the new Sarawak Governor tomorrow.
Riong Kali dot com story:
DAP assemblyman fails in bid to stop Taib from becoming Sarawak governor
BY DESMOND DAVIDSON
FEBRUARY 27, 2014
LATEST UPDATE: FEBRUARY 27, 2014 05:50 PM
DAP’s last-ditch effort to stop outgoing Sarawak Chief Minister Tan Sri Abdul Taib Mahmud (pic) from being appointed as the next head of state failed, after the Kuching High Court today ruled that it had no jurisdiction over the appointment.
Judge Chew Soo Ho dismissed DAP Padungan state assemblyman Wong Kin Wei’s application for an ex parte injunction, saying that the appointment is at the sole discretion of the Yang Di-Pertuan Agong and the court had no jurisdiction to interfere with the prerogative.
Taib is scheduled to have an audience with Yang di-Pertuan Agong Tuanku Abdul Halim Shah Mu’adzam tomorrow afternoon.
In his writ of summons, Wong stated that Taib would be violating Article 2 (2) of the State constitution should he accept the post of head of state.
In his application, Wong claimed Taib was and is, at all material times, actively engaged in commercial enterprise.
Article 2 (2) of the Sarawak constitution states the governor C, as the position was known when the constitution was drawn up, “shall not hold any office of profit and shall not actively engage in any commercial enterprise.”.
DAP had earlier said their research showed “there was ample” evidence that Taib was engaged in illegal business activities, both in Malaysia and overseas.
The opposition said Taib was listed as a director and major shareholder of a Malaysian investment holding company called Mesti Bersatu Sdn Bhd.
Justice Chew, in his hearing in chambers (but held in a courtroom because his chambers was to small to accommodate all the legal counsel), ruled that it was premature to assume that Taib would violate the constitution since he has yet to be appointed.
Wong later told reporters that it was the court’s view that Taib could declare his business interests and relinquish them before he assumes office.
On Wong’s claim that the appointment would affect and prejudice his constitutional rights and that of the citizens of Sarawak, the court ruled that Wong would suffer no special damage and therefore he did not have the proper basis to come to court.
The court also ruled that if a decision was made to bar Taib from assuming office, there would be a La Cuna – a Latin term meaning “to intentionally and permanently give up, surrender or leave”.
It said without a head of state, there would be no executive authority and this would create a vacuum in the administration of the state.
The court said therefore, public interest and national interest would override Wong’s personal interest.
Wong apologised to fellow Sarawakians for his failure and said he would not appeal the court decision.
The court ordered no costs, even though Wong in his application sought it, as well as further interim orders and reliefs that the court deems just and necessary pending the disposal of the application.
Taib, meanwhile, will vacate his Balingian state assembly seat tomorrow.
In a news conference at the state legislative assembly building, Speaker Datuk Amar Mohammad Asfia Awang Nassar said he received a letter from Taib yesterday stating that he was vacating the seat tomorrow.
Asfia said he notified the Election Commission in writing today of the impending vacancy.
Taib’s vacating the seat would trigger a by-election.
The EC will to convene a meeting at its headquarters in Putrajaya on March 6 to discuss the seat. – February 27, 2014.
The Kuching High Court Judge is very clear. Taib would receive the instruments for him to be alleviated as the TuanYang Terutama Negeri Sarawak tomorrow from His Majesty Seri Paduka Baginda Yang DiPertuan Agong XIV Tuanku Sultan Abdul Halim Muadzam Shah Ibni Almarhum Sultan Badli Shah.
As the TYT Negeri Sarawak, Taib would be the Constitutional Head as per Article 70 (1) & (2) of the Federation of Malaysia Constitution. Article 71 is the Federal Government guarantee for the TYT Negeri Sarawak to exercise his duty as the Constitutional Head as per the Sarawak Constitution.
DAP ADUN for Pandungan Wong Kin Mei attempted to stop the process of His Majesty SPB YDP Agong to exercise his right to appoint Taib as the TYT Negeri Sarawak and thus denying the State of Sarawak to function, as per guaranteed by the Federation of Malaysia Constitution and Sarawak State Constitution.
That should be deemed as sabotaging the State of Sarawak or going against the wishes and authority of His Majesty SPB YDP Agong.
Chinese Chauvinist DAP leaders are getting more blatant in their attitude and actions, to demonstrate their frame of mind. It is very disturning for a first term State Assemblyman and such a young politician, to demonstrate his blatant kurang ajar against His Majesty SPB YDP Agong and the Federal Constitution.
Then again, it is typical for Chinese Chauvinist DAP leaders to demonstrate their anti-Constitutional tendency, exactly as per what the attitude and behaviour of Min Yuens and their support for the Communist rebels.
Very recently, Kuala Lumpur High Court found DAP Chairman Karpal Singh of uttering seditious words against HRH Paduka Seri Sultan Perak for exercising the constitutional authority to dismiss DAP-puppet MB Ir Mohamed Nizar Jamaluddin and his Exco five years ago.
Instead, HRH Paduka Seri Sultan Perak appointed ADUN Pangkor Dato’ Dr Zambry abdul Kadir as the 10th Menteri Besar of Perak and invited him to form the Perak State Government. That ended the 11 month DAP-puppet PAS led Perak State Government.