Court declares assembly illegal

IPOH, March 3 — By Shannon Teoh - Malaysianinsider

Ipoh Barat MP M. Kula Segaran, showing a letter directed to the Ipoh High Court stating that V Sivakumar had not authorised the state legal advisor to act on the Perak Assembly Speaker’s behalf. — pic by Choo Choy May

The High Court here has declared as illegal this morning’s emergency sitting of the Perak state assembly which was held on a street under a tree.

The court granted the order restraining Speaker V Sivakumar from convening meetings “purporting to be meetings of the Perak legislative assembly” after accepting arguments that the immunity from judicial review stated in the federal constitution was only for proceedings in the state assembly.

After listening in chambers to lawyers representing Perak Menteri Besar Datuk Zambry Abd Kadir and his executive council and the assistant state legal advisor Zulkarnain Hassan for two hours, Judicial Commissioner Ridwan Ibrahim granted the order at 5pm under Section 44 of the Specific Relief Act which grants the court the power to make orders to a public official.

The order is for an indefinite period of time.

When asked by reporters, Zambry’s lead counsel Firoz Hussein Ahmad Jamaluddin said that the issue of a time did not arise as the speaker had no power to call for a sitting of the assembly as only the Sultan was authorised to do so under Article 36(1) of the Perak Constitution.

“There was no royal consent, so the meeting under the tree, remains just a meeting under the tree,” added Datuk Hafarizam Harun, Umno’s legal advisor, who is also part of the executive council’s legal team.

Earlier today Perak Speaker V Sivakumar convened an emergency sitting of the state assembly which effectively voted to end Zambry’s de facto Barisan Nasional (BN) government.

The court’s declaration was the latest development on an eventful day in which Perak’s administration was thrown into chaos with both BN and Pakatan Rakyat (PR) questioning the legitimacy of each other’s actions.

The State Secretary had earlier directed the closure of the building which houses the state assembly venue.

This morning, the same court had ruled that five lawyers, including constitutional expert Tommy Thomas, had no locus standi to represent the Perak Speaker in court.

The judge said the Speaker must be represented by the state legal advisor because he is part of the state government.

Firoz and Hafarizam however, refused to comment on the letter sent to Ridwan earlier whereby Sivakumar stated that he had not authorised nor communicated with the state legal advisor on this case as it “was not given to us.”

Sivakumar was represented in this afternoon’s proceedings by Zulkarnain, who insisted that there was no conflict of interest, despite the fact that the state legal advisor is defending Zambry in the ongoing case in the Kuala Lumpur High Court, where the legality of his appointment as menteri besar is being questioned.

“We are looking after the interests of the government. Our duty as legal advisors is to advice the government,” he said.

However, he said that “I cannot recall” when pressed on who had raised the preliminary objection to the team of lawyers initially appointed by Sivakumar.

A statement by Thomas, who was the lead counsel for Sivakumar, had claimed that the complainant had raised the objection but it was supported by Zulkarnain.

A hearing date will be set by the court on March 5, which is also the day that the three independents who left Pakatan Rakyat and now support Barisan Nasional, will go to court to quash the speaker’s decision to consider their state assembly seats vacant.

Given today’s ruling, it is likely that Sivakumar will once again be represented by the state legal advisor.

Peguam tidak dibenar wakili Sivakumar

Kuek Ser Kuang Keng | Mar 3, 09 11:56am | malaysiakini

Mahkamah Tinggi Ipoh hari ini memutuskan bahawa peguam yang mewakili Speaker Dewan Undangan Negeri (DUN) V Sivakumar tidak mempunyai locus standi untuk mewakilinya dalam satu permohonan yang difailkan oleh Menteri Besar Datuk Seri Zambry Kadir dan enam Exco kerajaan negeri.

Pesuruhjaya Kehakiman Ridwan Ibrahim, memutuskan demikian ekoran permohonan yang dibuat oleh peguam yang mewakili Zambry.

Peguam Tommy Thomas (foto) yang mewakili Sivakumar berkata, alasannya ialah Speaker adalah sebahagian daripada kerajaan negeri, dan oleh itu, hanyapenasihat undang-undang kerajaan negeri yang boleh mewakili Sivakumar.

Tommy memberitahu pemberita demikian selepas Ridwan mendengar kes itu selama 30 minit di dalam kamarnya.

Zambry dan enam anggota exco kerajaan negeri itu semalam memfailkan permohonan supaya Mahkamah Tinggi Ipoh mengisytiharkan keputusan Sivakumar menggantung dan melarang mereka menghadiri persidangan DUN antara 12 bulan dan 18 bulan sebagai terbatal dan tidak sah.

Zambry dan enam Exco berkenaan turut memohon supaya mahkamah mengisytiharkan mereka berhak menghadiri dan mengambil bahagian dalam semua persidangan DUN dan menjalankan segala fungsi dan kewajipan.

Tommy berkata, pesuruhjaya kehakiman itu memutuskan bahawa peguam-peguam yang mewakili Sivakumar sekarang tidak mempunyai locus standi dan tidak boleh mewakili speaker tersebut.

Katanya, yang boleh mewakili Sivakumar hanya penasihat undang-undang kerajaan negeri.

Tommy berkata Ridwan juga menolak hujah pihaknya bahawa akan berlaku konflik sekiranya penasihat undang-undang kerajaan negeri mewakili Speaker.

Ridwan juga, katanya, menolak permohonan mereka untuk menjadi peguam pemerhati dengan hak untuk mengemukakan hujah bagi pihak Speaker.

"Pesuruhjaya kehakiman berkata kami boleh menjadi peguam pemerhati tetapi tidak boleh mengemukakan sebarang hujah," tambahnya.

Tunggu arahan baru

Dengan keputusan tersebut, Tommy berkata beliau akan menunggu arahan Sivakumar mengenai tindakan selanjutnya, termasuk kemungkinan mengemukakan rayuan terhadap keputusan Ridwan.

Selain Tommy, peguam lain yang turut mewakili Sivakumar termasuklah Can Kok Leong, Philip Koh Tong Ngee dan Augustine Antony.

Ekoran keputusan tersebut, Ridwan menangguhkan prosiding ke tarikh lain yang akan diputuskan kemudiannya.

Peguam yang mewakili Zambry pula termasuklah Mohd Hafarizam Harun, Firoz Hussein Ahmad Jamaluddin dan Badrul Hishah Abd Wahab.

Fail injunksi pagi ini

Bercakap kepada pemberita kemudiannya, Hafarizam (foto) berkata, mereka membantah kehadiran peguam persendirian untuk mewakili Sivakumar.

"Kami membantah kerana peguam-peguam tersebut tidak mendapat kebenaran penasihat undang-undang negeri untuk mewakili Speaker," katanya," katanya.

Dalam sidang akhbar yang turut dihadiri Firoz, Hafarizam juga memberitahu bahawa mereka memfailkan permohonan injunksi itu pada jam 8.30 pagi terhadap sidang dewan undangan negeri yang tidak sah oleh Pakatan.

Perkara itu akan didengar oleh Ridwan pada jam 2.30 petang ini.

Firoz berkata, permohonan itu bukan setakat untuk mendapat Injunksi, tetapi juga untuk menghalang sebarang sidang dewan yang tidak sah pada masa akan datang.

Ditanya siapakah yang boleh mewakili Speaker, Firoz (foto) berkata, sepatutnya penasihat undang-undang negeri atau wakilnya.

Zambry dan Sivakumar tidak hadir di mahkamah pagi ini.

Ketika perkara itu didengar dalam Kamar Ridwan pagi tadi, Sivakumar pula mempengerusikan sidang tergempar DUN Perak di bawah pokok di kawasan letak kereta berhampiran bangunan sekretariat kerajaan negeri Perak di Ipoh di mana wakil rakyat Pakatan meluluskan usul menyokong Datuk Seri Mohd Nizar Jamaluddin sebagai menteri besar dan pembubaran DUN.

Speaker’s lawyers removed

IPOH, March 3, 2009 - By Shannon Teoh - Malaysianinsider

Perak Speaker V Sivakumar’s legal team’s involvement in the trial over the suspension of the state executive council is over before it even began when they were removed by the Ipoh High Court.

Judicial Commissioner Ridwan Ibrahim ruled in favour of a preliminary objection by the team representing Perak Menteri Besar Datuk Zambry Abd Kadir and his six executive councillors, that as a public officer who is a member of government, the speaker should be represented by the state legal advisor or someone appointed by him.

The case continues this afternoon at 2.30pm in the judge’s chambers, where, ostensibly, an officer from the legal advisor’s office will represent Sivakumar.

Zambry’s legal team, which includes Umno legal advisor Datuk Hafarizam Harun, wants a stay of assembly proceedings pending the decision of the judge on the legality of Sivakumar’s decision to suspend the entire executive council for accepting their “unconstitutional” appointments.

Lead counsel for Sivakumar Tommy Thomas spent half an hour in the judge’s chambers along with Hafarizam and an assistant state legal advisor to argue whether Thomas and four other lawyers had locus standi to represent the Speaker.

“The judge ruled that we had no locus standi but I argued that it was an adversarial case involving different branches of government, the executive and legislative,” said Thomas, adding that in his opinion, the legal advisor only represented the executive branch.

He said that a request for a watching brief with speaking rights was also denied and so there was no point staying, adding before his team left, that they would have to consult their client before deciding their next course of action.

“We objected based on the grounds that they have no fiat, or permission, from the state legal advisor to represent the Speaker. The Speaker is a public officer. You must follow the law,” said Hafarizam.

“We want to stop this illegal assembly. You cannot have a meeting under a pokok,” he continued, referring to the assembly meeting held earlier under a tree.

Nizar will try to convince Sultan to dissolve assembly, again

By Lee Wei Lian | IPOH, March 03,2009 | Malaysianinsider

Datuk Seri Nizar Jamaluddin will once again seek the Sultan’s consent to dissolve the state assembly as soon as the documents from today’s extraordinary emergency sitting held under a tree are ready.

The ousted Menteri Besar said this at a press conference after the assembly was convened on a residential road under a rain tree, a tantalising 200 metres or so away from the formal assembly in the state secretariat building.

Three votes were passed in the fourth meeting of the first session of the 12th assembly under the tree this morning. The motions were to express confidence in Nizar 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.

Nizar expressed his sadness at the assembly being forced to meet in a most unusual location but said that they had no choice.

“We were forced to meet under a tree due to the doctrine of necessity,” he told reporters. “State assemblymen were notified to attend but were blocked by police. It’s sad that state representatives are being blocked from doing their duties. The whole world can see how this country, which is supposed to be advanced, holds an assembly sitting under a tree.”

DAP chairman Ngeh Koo Ham said that they would lodge police reports against the state secretariat and home affairs ministry according to the section 124 of the penal code which prohibits anyone from restraining members of the legislative assembly from performing their duties.

“The police are now taking orders from the clerk of the house instead of the speaker,” said Ngeh. “It’s very sad.”

He also rebutted allegations that PR was disrespecting the Sultan. “We are respecting the Sultan because we are following the law,” he said. “The Sultan says that all sessions must be held in the Dewan but we were forced to have it under a tree. The Barisan Nasional are the ones who are disrespecting the Sultan.”

Asked by reporters if he will persist in asking for a dissolution of the assembly if the Sultan rejects his request, Nizar replied that PR will keep persisting until they achieve it. “We will plead with the Sultan to dissolve the state assembly,” he said.

He also urged the public to remain calm and not to do anything provocative.

Asked whether the quorum present in the sitting was sufficient to pass the vote to dissolve the state assembly, Nizar replied that a quorum of one quarter was required and with the speaker and 27 out of a total of 59 state representatives in attendance, they had sufficient numbers.

Nizar also denied that the absence of the BN state representatives was due to them deliberately being left out from being notified and that notifications had been sent by fax and regular mail.

He also said that the suspension of the house secretary Abdullah Antong Sabri was lawful as the speaker had the power to appoint and dismiss the secretary.

While the press conference was going on in the DAP Perak headquarters, a multi-racial crowd of about 300 was being fired up outside by various speakers including Dr Hatta Mohd Ramli, Pas’s member of parliament from Kuala Krai, Kelantan.

Politik wang: Umno digesa tunda perhimpunan 24 Mac

Jimadie Shah Othman | Mar 3, 09 1:43pm | Malaysiakini

Umno digesa menangguhkan perhimpunan agung dan pemilihan hujung bulan ini sehingga siasatan Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) terhadap amalan politik wang dalam parti itu selesai.

Bekas exco Pemuda, Datuk Mazlan Haron dan perwakilan Umno Muar, Datuk Kadar Sulaiman berkata mereka sedia memohon injunksi daripada mahkamah bagi menghalang perhimpunan itu jika saranan itu diabaikan oleh parti.

"Saya serta Datuk Mazlan Harun akan mengkaji untuk mengambil injuksi mahkamah sekiranya Umno belum habis menyelesaikan kes salah laku dan politik wang sebelum persidangan diadakan, dan juga segala permintaan-permintaan saya seperti yang disebutkan di atas tidak diambil tindakan," kata Kadar.

Dalam sidang media di sebuah hotel di Petaling Jaya hari ini, mereka bagaimanapun tidak menyatakan bila tindakan undang-undang itu akan diambil bagi "melihat reaksi" balas daripada parti itu terlebih dahulu.

Kedua-duanya juga mempertikaikan kenyataan Datuk Seri Abdullah Ahmad Badawi yang dilaporkan menyebut siasatan salah laku dan politik wang dalam Umno telah ditutup setelah SPRM menutup 45 aduan.

"Persoalan saya, bagaimana beliau (Abdullah) yang menentukan bahawa segala laporan dan kes tersebut ditutup sedangkan saya sebagai salah seorang pengadu bersama Datuk Mazlan tidak langsung dipanggil memberi keterangan," kata Kadar.

Kadar juga berkata, laporan mereka kepada SPRM (dulu dikenali BPR) berhubung dakwaan politik wang dan penyalahgunaan kuasa terhadap Abdullah dan Datuk Seri Najib Razak yang dibuat pada 4 September lalu "tidak ada maklum balas positif".

Beliau juga mempertikan kewajaran Umno membawa amalan politik wang kepada SPRM "sedangkan perlembagaan Umno mengatakan bahwa ahli-ahli Umno tidak boleh dibawa ke mahkamah".

Mazlan pula menjelaskan, tindakan mereka bukan bertujuan menghalang kelancaran peralihan kuasa Umno Najib dengan alasan "peralihan kuasa boleh berlaku pada bila-bila masa sahaja".

Ditanya sama ada Umno masih mempunyai masa bagi menangguhkan persidangannya buat kali kedua, beliau berkata, Umno boleh merayu kepada Pendaftar Pertubuhan bagi tujuan itu.

Umno menunda persidangan tahunan dan pemilihannya dari Disember tahun lalu ke bulan ini bagi mempercepatkan peralihan kuasa Abdullah kepada Najib.

Pemilihan sebelum itu pernah ditangguh bagi mempersiapkan parti menjelang pilihanraya umum lalu.

Mazlan berkata mereka bersedia menerima tindakan Umno akibat membuat desakan sedemikian.

"Saya tidak kisah dibuang parti. Banyak lagi pembangkang yang tunggu. Kami lakukan ini pun sebab sayangkan parti," kata Mazlan, seorang ahli Umno di Kota Damansara, Petaling Jaya.

Ditemui selepas sidang akhbar itu, Kadar berkata sebagai perwakilan Umno bahagian, beliau akan tetap menghadiri perhimpunan agung mulai 24 Mac jika desakan mereka tidak dipedulikan.

Blocking Umno to lock Najib out of top office?

kuala lumpur | malaysianinsidar | March 3,2009

Several Umno members are expected to set in motion today moves to obtain a court injunction to block this months’s Umno general assembly.

Their ultimate aim: to block the ruling party endorsing Datuk Seri Najib Tun Razak as the Umno president and pave the way for Datuk Seri Abdullah Ahmad Badawi to stay on as prime minister.

This gambit will only add more confusion and uncertainty to an already fractured political landscape and crank up speculation over the country’s leadership transition plan. Abdullah has had to reiterate on several occasions that he will hand over power to Najib at the end of the month.

But faced with the prospect of a tougher and more ruthless Najib administration, there appears to be a surge in nostalgia among some Umno members, and even the opposition, for Abdullah to stay on.

They argue that, despite his indecisiveness and weak leadership, Abdullah is a man who respects the rule of law, who believes in opening up democratic space and someone who would not allow foul methods to be used for political purposes.

But is this true? Is Abdullah’s reputation as a believer in the fair and just way deserved? The events that have unfolded in Perak suggest otherwise.

He is still the PM of Malaysia and has to be held responsible for the political crisis in Perak. If we are witnessing the breakdown of institutions as claimed by the Bar Council, then Abdullah has to be held responsible.

After all, when he became prime minister in October 2003, he promised to nurse back to health the police, the judiciary and the civil service. If our respect and confidence in the court system and the police to act fairly in resolving the Perak crisis is low, surely he has to shoulder some blame. At the very least, he is guilty of raising the expectations of Malaysians. No?

If we are witnessing the blurring of the doctrine of separation of powers and a revival of the “might is right” approach by Umno/Barisan Nasional, then Abdullah has to carry the can.

After all, in his first speech to Parliament as prime minister, Abdullah pledged to respect the separation of powers between the legislature, the executive and the judiciary, saying that this doctrine was pivotal in checking abuse of power.

The events in Perak over the past 24 hours and still unfolding today shows that he has been unable to convince Umno/BN members, the civil service and the police on the sanctity of this doctrine in a democracy.

Abdullah was puzzled why State Speaker V. Sivakumar decided to call for an emergency state assembly sitting instead of waiting for the courts to decide on the matter.

The official answer is that he, as the head of the legislature, has the power to do so. Left unsaid is the fact that Sivakumar took this course of action because he and other members of Pakatan Rakyat do not have confidence that the judiciary will give them the hearing they deserve.

All said and done, the approach employed by Umno/BN in Perak, the resulting skepticism among some Malaysians on the ability of the country’s institutions to be honest brokers shows and the ridiculous sight of a state assembly taking place under a tree all have to land on Abdullah’s lap.

Yes, he has yielded much power to Najib in the past few weeks. But he cannot and should not be allowed to take refuge behind this excuse.

If we are witnessing a return to Mahathirism, the ends-justifying-the-means style of governance, then he has to hold up his hands and take responsibility. He is still the PM and he promised to deliver a better Malaysia on October 31, 2003.

With such a patchy track record, are the Umno members who are trying to stop the Umno assembly doing Malaysia a disservice?

Under a tree, assembly votes for fresh polls

By Lee Wei Lian and Shannon Teoh | courtesy malaysianinsider


IPOH, March 3 — In the shade of a rain tree with the State Secretariat just 200 metres away, Perak Speaker V Sivakumar convened an emergency sitting of the state assembly today which effectively voted to end the de facto Barisan Nasional (BN) government of Datuk Dr Zambry Abdul Kadir.

Across town at the same time in the Ipoh High Court, BN lawyers were arguing to stay the proceedings of the state assembly, pending a law suit against Sivakumar for suspending from the assembly Zambry and his six executive council members.

On an eventful day, Perak’s administration has been thrown into chaos with both BN and Pakatan Rakyat (PR) questioning the legitimacy of each other’s actions.

The State Secretary’s directive to close off the building which houses the state assembly had added to the confusion over the administration of the state.

The directive resulted in riot police barring state assemblymen from entering the building.

All the lawmakers that had turned up this morning were from PR parties. BN legislators, not surprisingly, did not show up as they contend the assembly was invalid.

Sivakumar was the only person given permission to access the building, but he chose instead to walk nearby to convene the assembly with the presence of the PR assemblymen.

Dressed in his ceremonial black robes and songkok, the Speaker presided over a sitting, which on the face of it appeared legal as long as he was present.

The sitting proceeded 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.

Nizar told reporters later that he would seek an audience with the Sultan to ask for consent to dissolve the assembly.

At the Ipoh High Court, Judicial Commissioner Ridwan Ibrahim ruled that five lawyers, including constitutional expert Tommy Thomas, had no locus standi to represent the Perak Speaker in court.

He said the Speaker must be represented by the state legal advisor because he is part of the state government.

Thomas told reporters the team had no choice but to withdraw from the case.

Earlier this morning, a minor scuffle broke out when a group of unidentified men tried to stop Nizar and other PR assemblymen from entering the state assembly compound.

Subsequently, Nizar and the assembkymen were prevented from entering the state assembly by riot police, backed by two trucks with water cannons.

Yesterday, Zambry declared any attempt to hold an emergency sitting of the state assembly a “threat to national security.”

Countdown to confusion .

IPOH, March 3 - malaysianinsider

10.35am The Perak State Assembly, convened under the shade of a rain tree, is adjourned.

10.28am The state assembly passes a vote of confidence in Datuk Seri Nizar Jamaluddin as mentri besar of Perak. The assembly also passes another vote calling on Nizar to seek a dissolution of the legislature and pave the way for fresh elections

Meanwhile, Judicial Commissioner Ridwan Ibrahim has ruled that five lwayers, including constitutional expert Tommy Thomas, have no locus standi to represent the Perak Speaker in court.

He says the Speaker must be represented by the state legal advisor because he is part of the state government

Perak drama: Nizar says three motions passed.

11.20am: Nizar says three motions were passed during the Emergency sitting on Tuesday - motion of confidence on himself as the legal Perak MB; agreement to seek Royal consent for dissolution of state assembly; and the adoption of the suspension of MB Zambry Abdul Kadir and his Excos by the Rights and Privileges Committee.

(10:40am) At the High Court, Sivakumar’s lawyers withdraw from the case after Judicial Commissioner Ridwan Ibrahim rules that private lawyers have no locus standi and cannot represent the Speaker.

Ridwan says that under the Government Proceedings Act, the Speaker can only be represented by the state legal advisor, or lawyers appointed by the latter, because he is part of the state government.

Sivakumar’s lead counsel, constitutional expert Tommy Thomas, says they will await further instructions from the Speaker. He said they were refused speaking rights under Ridwan’s ruling.

(10:35am) Nizar proposes that the emergency sitting of the assembly be adjourned. Sivakumar adjourns.

(10:25am) Titi Serong rep Dr Khalil Idham says Nizar is the rightful mentri besar and wants him to continue. Canning assemblyman Wong Kah Woh says that Pakatan has ruled the state well since taking over last March.

Teja rep Chang Lih Kang proposes a motion asking for the dissolution of the state assembly to call for a new election.

Both motions are agreed to by all Pakatan reps.

(10:20am) After “doa selamat” prayers, the meeting commences with the hearing of the first motion from Titi Serong assemblyman Dr Khalil Idham Lim Abdullah.

He says the trust and support have been given to Nizar as mentri besar. Sivakumar asks for the motion to be debated.

(10:15am) Although allowed entry into the state secretariat building, Sivakumar did not go in. Attired in the official garb of the Speaker, he declares a vacant lot about 200m from the building as the venue for the emergency sitting.

(10:05am) Nizar gets into his car. Discussions going on between PAS, PKR and DAP assemblymen and Members of Parliament (MPs) on their next course of action. One MP is in the car with Nizar.

They are expected to head towards the DAP state headquarters where they might hold a press conference.

(10:00am) Pakatan assemblymen and Nizar not allowed into building, but police allow Sivakumar to enter. A policeman says, “YB tidak boleh masuk (Yang Berhormat is not allowed in).”

Pakatan supporters make a protective ring around their assemblymen so that they will not be chased away. Assemblymen start moving away however.

(9:45am) At the High Court, lead counsels for both sides are briefing the judge in chambers. They emerge from chambers at 10:17am to brief their legal teams.

(9:40am) Pakatan Rakyat assemblymen, including former mentri besar Datuk Seri Mohammad Nizar Jamaluddin, arrive at state secretariat building for emergency sitting of Assembly called by Sivakumar to vote on two motions related to the constitutional crisis in Perak.

Barisan Nasional supporters have lined up to prevent them from entering. Some pushing and shoving going on.

(9:00am) Federal Reserve Unit personnel have been deployed in front of state secretariat building, at least seven trucks being used to block main entrance. Police had already set up roadblocks on roads leading to the building earlier this morning.

A small crowd has gathered, comprising party members, lawyers, supporters and many members of the media.

(8:45am) Lawyers from both sides start arriving at Ipoh High Court in preparation for hearing of lawsuit filed by Perak Mentri Besar Datuk Dr Zambry Abdul Kadir against State Assembly Speaker V. Sivakumar.

Dr Zambry is seeking a court declaration that Sivakumar’s suspension of Dr Zambry and his six excos from the state assembly is unconstitutional.

IPOH: All eyes are on Perak Tuesday as the former Pakatan Rakyat state government, which maintains it is still the legitimate administration, attempts to oust the newly-formed Barisan Nasional government through an emergency sitting of the state assembly.

The emergency sitting was called by State Assembly Speaker V. Sivakumar, saying he was invoking Standing Orders 8 and 11 so that the assembly could vote on two motions.

While he declined to reveal what the motions were, except to say that they involved the constitutional crisis in Perak, former senior executive council (exco) member Datuk Ngeh Koo Ham later said the two motions involved seeking the dissolution of the State Assembly and reaffirming support for Datuk Seri Mohammad Nizar Jamaluddin as mentri besar.

The current Perak Mentri Besar Datuk Dr Zambry Abdul Kadir of Barisan has described the emergency sitting as “invalid and unlawful” because it had not received the consent of the Sultan of Perak, Sultan Azlan Shah.

“He has used his powers unfairly to achieve his own political agenda and he had ridiculed the proceedings of the House,” he said.

Pakatan lawyers say the Ruler’s consent was only needed to summon a sitting by way of royal proclamation if the assembly had been dissolved or prorogued (adjourned by royal prerogative). But because the last sitting was adjourned, the assembly could carry on its usual business in an emergency session.

Sivakumar had earlier barred and suspended Dr Zambry and his six exco members from the assembly.

To prevent the sitting from taking place, the current administration issued orders for the entrance to the state secretariat be barred. Police and Federal Reserve Unit personnel were already deployed late Monday to prevent anybody from entering.

Snap polls

Pakatan, which took over the state after the 12th general election last March, has been trying to call for new state elections after it begin to see its rule slipping away earlier this year.

The crisis began on Jan 25 when Bota assemblyman Datuk Nasarudin Hashim resigned from Umno to join Pakatan component party PKR, which led to rumours of many more cross-overs to and from both sides of the political divide.

The crisis deepened after Behrang assemblyman Jamaluddin Mohd Radzi and Changkat Jering assemblyman Mohd Osman Mohd Jailu, both from PKR and both facing corruption charges, went “missing” for a few days, only to resurface after a few days to announce they were quitting their party.

At the same time, Jelapang assemblyman Hee Yit Foong announced she was quitting DAP, another Pakatan component party.

All three declared they would remain independent but pledged their support for Barisan.

At the time, Sivakumar said that he had received letters from the three reps saying they were also vacating their seats, but the Election Commission decided that the resignation letters were not valid as they were undated and that there was no need for by-elections in their constituencies.

To add salt to Pakatan’s wound, Nasarudin announced he was switching back to Umno after fewer than 10 days as a PKR man.

With that, both Barisan and Pakatan held 28 seats each in the state assembly, but the three independents’ pledge of support to Barisan tipped the balance enough for Sultan Azlan Shah to declare Barisan as having the support of the majority and he refused Nizar’s request for the state assembly to be dissolved and snap elections be called.

Court battles

The tussle will also play out in the courts, with Nizar having filed an application for a judicial review to challenge the legitimacy of Dr Zambry as Perak mentri besar.

The case will be heard on Tuesday before High Court (Special Powers and Appellate) Court judge Lau Bee Lan, six days after Judicial Commissioner Mohamad Ariff Md Yusof recused himself from hearing the suit.

In his application for a judicial review, Nizar is seeking an interpretation of the Perak state constitution on whether the mentri besar’s post can be vacated in a situation whereby:

* THE mentri besar had advised the ruler on the dissolution of the state legislative assembly;
* THERE is no dissolution of the assembly;
* THERE was no motion of confidence performed against him at the state legislative assembly;
* THERE was no resignation made by him.

He is also seeking a declaration that he is the legal mentri besar of Perak and asking for an injunction to stop Zambry from carrying out the duties and functions of the mentri besar; and also punitive, aggravated and exemplary damages and costs.

On Monday, Perak executive councillor Mohd Zahir Abdul Khalid served an originating summons on behalf of the three independent reps -- Jamaluddin, Mohd Osman and Hee -- seeking a court declaration that they were still elected representatives of their constituencies.

The three were challenging the Speaker’s decision that they had resigned and that their seats were vacant. This case will be heard on Thursday.

Meanwhile, Dr Zambry has sought a court declaration to make illegal Sivakumar’s suspension of him and his six exco members. This case will also be heard on Tuesday morning.

Dr Zambry said he was seeking a declaration that Sivakumar’s decision was unconstitutional and ultra vires the state constitution.

He sought declarations that he and his exco members had the right to attend sittings and that the House was not to be bound by any rules by, or instructions from, the Speaker.

courtesy : staronline

Nizar proposes coffeeshop venue.

Tuesday March 3, 2009 | staronline | IPOH

The emergency sitting today can be held “even at a coffeeshop” if the state assemblymen are barred from entering the House, said former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin.

He said such measures would have to be taken following reports that the state secretariat, where the assembly is located, would be locked to prevent the session from taking place.

Nizar said he believed the authorities would open the doors to them.

“But if they lock them, it is a clear contempt of the Dewan.”

Nizar said Speaker V. Sivakumar had the prerogative to call for the sitting.

Sivakumar had personally sent signed notices to all representatives to turn up today for the emergency session except for Perak Mentri Besar Datuk Dr Zambry Abdul Kadir and his six exco members whom he suspended from assembly sittings.

Sivakumar also did not send notices to Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong.

The three assemblymen had quit their respective parties and became independents, causing the Pakatan Rakyat government to fall.

At 7.45pm, Sivakumar announced that Perak Assembly Secretary Abdullah Antong Sabri had been suspended for failing to act impartially.

“I am suspending him from his position with immediate effect and I am appointing Mohd Misbahul Munir Masduki as the Dewan Secretary,” Sivakumar said at a 7.45pm press conference at his lawyer Chan Kok Keong’s office here yesterday,

Misbahul was Nizar’s political secretary.

Directive to shut down secretariat hastily removed

Tuesday March 3, 2009 | staronline

IPOH: The State Secretary’s office issued circulars last evening directing staff members to cancel all appointments in the premises today because the entrances to the building would be shut.

However, the circulars were retrieved about an hour after they were pasted on the doors of several offices.

Later when asked if the directives had been withdrawn, State Secretary Datuk Dr Abdul Rahman Hashim said: “My officer informed me that they had been collected back. I cannot comment further on that.”

That development has left a question mark as to whether the “emergency sitting” of the Perak State Assembly, supposed to start here today, would be held.

The “emergency sitting” was called by Pakatan Rakyat Speaker V. Sivakumar. Barisan Nasional Perak Mentri Besar Datuk Dr Zambry Abdul Kadir has called it “invalid and unlawful”.

Dr Abdul Rahman said he was unaware what would happen today during the “emergency sitting” and would not confirm or deny if the House would be locked.

“In fact, I too did not receive any invitation to attend this emergency sitting.”

The circulars were pasted on the office doors at about 4pm when a reporter managed to get copies of it and passed them on to about 20 other journalists waiting outside Dr Zambry’s office for his press conference.

When one reporter tried to make a photocopy of the circular, some officials of the mentri besar’s office said it was not for publication.

Later, reporters were informed the circulars had been “collected back”.

At the press conference, Dr Zambry warned that anyone who tried to attend the sitting would be deemed as “threatening the safety of the state.”

“As far as I and my exco are concerned, there was no consent given by the Sultan over the convening of this so-called emergency sitting.

“I would like to stress here that without such consent, whatever ‘sitting’ held would be considered invalid and unlawful.”

The press conference, held late in the evening, was attended by most of the Barisan exco members, several Barisan representatives and Barisan-friendly Independents Mohd Osman Mohd Jailu and Jamaluddin Mohd Radzi.

Dr Zambry accused Sivakumar of not acting within his jurisdictional powers by calling for the sitting without royal consent.

“He has used his powers unfairly to achieve his own political agenda and he had ridiculed the proceedings of the House.”

He said he would challenge in court Sivakumar’s decision to call for the emergency sitting of the state assembly “in due course.”

Later, former Mentri Besar Datuk Seri Mohamad Tajol Rosli Ghazali said that should Pakatan go ahead with today’s sitting, it would be unfair towards Barisan.

“It will be 21 (Barisan assemblymen) against 28 (Pakatan assemblymen), so where is the fairness?

“You ask us to go for a fight and then you tie our hands behind our backs. We might as well just stay at home,” he said.

Perak Speaker threatens use of Section 124 of the Penal Code

Sivakumar had warned that any attempts to thwart the emergency sitting later today would have severe legal ramifications under Section 124 of the Penal Code, which reads:

"Whoever, with the intention of inducing or compelling or attempting to induce or compel a member of Parliament or of any legislative assembly or of any state executive council to exercise or refrain from exercising in any manner the lawful powers of such member, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes by means of criminal force, or the show of criminal force, or attempts so to overawe, such member shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to a fine."

Anwar Ibrahim: Let The (Perak) People Decide

PKR Dinner, Seremban, 01/03/2009

Umno closes state building to block sitting, lawsuits a red herring for police control.

Sadly, Umno’s misuse of its might as it instigates federal institutions into carrying out its political will - regardless of the law - may cast the entire nation, not just Perak, into further disrepute.

By Wong Choon Mei | March 2, 2009

In a last ditch bid to foil an emergency sitting of the state assembly, the Umno-Barisan Nasional government in Perak has announced that the secretariat building - where the legislative assembly hall is located - will be closed tomorrow.

The coalition is scurrying for all ways and means to prevent BN Menteri Besar Zambry Kadir from being unseated at the session, slated for 10 am Tuesday. A motion to dissolve the assembly, paving the way for the people to select the leadership of their choice, is also due to be tabled.

“If anyone is involved in tomorrow’s assembly, the government will not compromise with anyone who threatens national security,” Zambry said.

Sadly, Umno’s misuse of its might as it instigates federal institutions into carrying out its political will - regardless of the law - may cast the entire nation, not just Perak, into further disrepute.

Pakatan Rakyat leaders slammed Umno for dirty tactics, accusing it of forcibly removing the keys from the assembly secretary and of bringing ridicule to the state of Perak.

Pakatan Menteri Besar Nizar Jamaluddin warned that any attempt to stop the legislature from sitting tomorrow would be viewed as contempt and the penalty included jail terms.

“The sitting will be held no matter what happens because this is our promise to the people of Perak to bring about the democratic process and return to them the mandate that is rightfully theirs,” Nizar told Suara KeADILan.

“The House operates independently from the state secretariat,” said Sitiawan MP Ngeh Koo Ham.

Lawsuits a red herring for police to take control

BN Perak executive councillor Mohd Zahir Abdul Khalid had fired an early salvo this morning, referring legislative Speaker V Sivakumar to the Rights and Privileges Committee.

Additionally, Zambry and other Umno-BN leaders and their lawyers have filed two lawsuits against Sivakumar at the Ipoh High Court, which will hear their cases at 9 am tomorrow.

“Of course, the legal suits will attract attention. But they are actually a red herring. What has happened is the use of the police to inflict the political will of Umno onto the people of Perak,” said a political analyst.

Nevertheless, the lawsuits will still be closely watched both nationally and internationally as they are uncharted moves, directly in contravention of the federal constitution, which clearly separates the powers of the legislative from the executive.

“If Malaysian law can be bent like bamboo, who wants to do business here. Even the prime minister himself has said before, foreign firms want their agreements here to be tried only in overseas courts, not local courts. Perhaps, you understand why now?,” said the analyst.

The first suit was filed by the three Independent assemblymen - formerly Pakatan members who have since declared themselves ‘Umno-BN friendly’. They are challenging the status of their undated resignation letters which Sivakumar had used to declare their seats vacant. The second was filed by Zambry and six executive councillors, challenging their suspension from attending any sittings for the next 12 to 18 months.

Last week, Sivakumar had called for the emergency sitting to vote on two motions - a vote of confidence in Nizar as Menteri Besar and the other to dissolve the assembly.

Umno-BN needs to block the sitting as it could end their power in the state and see the reinstatement of the Pakatan government. Including all suspensions, Pakatan has 28 seats versus Umno-BN’s 21 in the assembly.

Don’t cheat, why fear fresh election?

Nevertheless, Umno-BN - which controls the federal government - has not been shy about abusing the federal apparatus to its advantage.

Already, Perak police have been sucked into the game, with the state police chief declaring the sitting as illegal - a move that is clearly ultra-vires and beyond his authority.

Roadblocks have been erected along the main road leading to the state secretariat. Four Federal Reserve Unit trucks are on standby behind the building.

Meanwhile, PAS vice-president Husam Musa said Umno-BN would do better to seek a dissolution of the assembly rather than resort to unfair means to cling to power.

Deputy Premier Najib Abdul Razak, the incoming Umno president, and his party should not fear fresh state-wide polls even if they were not confident of winning, he added.

Stressing that there were three options open to Umno, Husam said: “The first is to dissolve the assembly, the second is to detain Pakatan Rakyat leaders involved under the Internal Security Act and the third is to place Perak under a National Operations Council.

“However, I think if Pakatan leaders are detained under the ISA, their profile would be even higher and if the state is placed under a National Operations Council, the government’s image would be tarnished. Dissolution is the only option.”

Institutions breaking down, says Bar Council

By Debra Chong, KUALA LUMPUR, Mar 2,2009 – malaysianinsider.

The Bar Council is alarmed at the topsy-turvy turn of events taking place in Perak which is fast turning into the battleground for a no-holds-barred fight over who is the lawful head of the state government.

Its president, Datuk Ambiga Sreenevasan told The Malaysian Insider late today she was “surprised” to learn the Perak police chief had acted so quickly in putting up road blocks around the state legislature building based on a statement put out by the state assembly secretary.

“The secretary does not have the authority to make a legal pronouncement,” she noted, referring to today’s unsigned notice from the state assembly secretary’s office declaring Speaker V. Sivakumar’s planned emergency meeting tomorrow as invalid.

“We are very surprised the police is ignoring the Speaker,” she added.

“Our institutions, that is the courts, the police, et cetera, are being tested and we can judge for ourselves whether they are acting independently or not,” said Ambiga.

"There are serious doubts as to whether the police is acting independently,” she added.

She observed that what is going on in the state “shows a total breakdown in relation to the structures and sanctity of the legislature”.

“It shows a violation of the role of the Speaker and an intrusion into the processes of the legislative assembly,” she elaborated, noting that the Sspeaker, much like the status of the Attorney General, should also be seen as an institution in its own right.

MP: Speaker can hold sitting anywhere

By Debra Chong, KUALA LUMPUR, Mar 2,2009 – malaysianinsider

The MP for Ipoh-Barat, M. Kula Segaran, says that the Perak Assembly Speaker has the right to decide where to hold the emergency meeting tomorrow.

“The place of assembly is up to the speaker to interpret,” Kula Segaran said, quoting from the Perak Assembly Standing Orders Nos. 10, 11, 89 and 90, which describe the sessions of assembly.

“The meetings of the assembly during each session shall be held on such days and place as Mr Speaker shall determine,” Kula Segaran added.

Highlighting the principle behind the separation of powers, Kula Segaran said the courts cannot interfere in the matters of parliament and the state legislative assembly because the two lawmaking bodies act as “courts” themselves.

“That’s why the courts cannot rule over the events in another court at the same time,” he added.

But, Kula Segaran observed, the various events have mired the state in legal technicalities which are taking away the attention from the main issue.

“The bottomline is why they fear to have the meeting?” he questioned.

Kula Segaran also pointed out that the Perak chief police officer (CPO) is not “very knowledgeable” on the laws regarding assemblymen and members of Parliament.

“Section 124 of the Penal Code states that any person who impedes an assemblyman or an MPfrom carrying out his official duties can be jailed,” the MP said.

He explained that it is very likely that Speaker Sivakumar will still head to the state assembly building tomorrow as planned and try to talk to CPO Datuk Zulkifli Abdullah if he is blocked from entering for the emergency meeting.

Open letter to Datuk Seri Mohammad Nizar Jamaluddin

Monday, 02 March 2009 19:59 | malaysiatoday

Dear Datuk Seri,

I am going to make this short and sweet. No more cheong hei article from me. They can lock the Perak State Assembly building if they want. The building is not important.

If the building is inaccessible -- say like there is a flood or an earthquake brings it down -- does this mean the State Assembly can’t meet? Of course it can. It can meet anywhere, not necessarily in that particular meeting.

Go find another meeting place, tonight, now itself, and hold the meeting there tomorrow. Pass a vote of confidence to support you as the Menteri Besar. Then pass all the other motions, including the motion to dissolve the Perak State Assembly.

Then drive up to Bukit Chandan as soon as possible and inform Tuanku of the State Assembly’s decision. If Tuanku refuses to comply with what is clearly lawful, then challenge him and, if necessary, trigger a Constitutional Crisis like never before seen in the 52-year history of this nation.

The people are ready. The next ‘revolution’ is not going to be a race riot a la May 13. It is going to be a class struggle. And I am with the Rakyat on this, never mind my so-called Royal background. I speak as a Royal but speak for the Rakyat.

And rest assured there are many other Royals who share my view. Don’t allow a handful of those who sit on the throne intimidate you into thinking that you are alone, representing the Rakyat, against the Monarchy.

No, we are with you, as are many other Royals. Grab the bull by the horns and bring it to its knees. And if this bull wears a crown so be it. The Rakyat have spoken. Don’t back down now. Go all the way or forever lose that advantage. And if you fail to go all the way, the Rakyat will never forgive you and you will lose our support till the end of time.

Daulat Tuanku. Daulat Tuanku. Daulat Tuanku.

Patek yang hina sembah Tuanku dan memohon perkenan agar Tuanku jangan kecewakan Rakyat. Hasrat Rakyat ialah untuk mencari kebenaran dan keadilan. Biarlah ini juga menjadi hasrat Tuanku.

Daulat Tuanku. Daulat Tuanku. Daulat Tuanku.

Raja Petra Kamarudin