Sumber: Suara Keadilan Online5 Feb 2009
The Pakatan, which is confident of securing two-thirds majority in the state assembly, maintains its view that the best solution is for fresh and fair polls
The shaky and dubious line-up offered by the BN also does not represent the racial mix of the state. There is only one non-Malay assemblyman in the entire 28-member BN team.
The Sultan’s decision - wise or not, fair or not - may spark a fresh scramble for non-Malay lawmakers as the MIC, MCA mimic their big brother, Umno, and try and scalp a few defections of their own …
Adds latest <>Mass gathering begins 7pm at MB’s residence<>BN govt to be sworn in at 3pm tomorrow<>PM Abdullah has talks with Sultan<>Sultan’s website flooded by criticisms<>Assemblywoman Hee’s home pelted with stones<>Nizar refuses to back down<>Sultan’s decision <>comments from Nizar<>comments from Najib<>Umno stalwart Tengku Razaleigh on what should guide Rulers in times of crises
By Wong Choon Mei
The Perak Ruler, Sultan Azlan Shah, has rejected the advice of Menteri Besar Mohammad Nizar Jamaluddin to dissolve the state assembly and has asked him to step down to make way for a new state government.
“If Mohammad Nizar does not resign his post as Perak Menteri Besar together with the members of the state executive council, the posts of Menteri Besar and state executive councillors are considered vacant,” Bernama reported on its website.
But Nizar, the amiable and well-liked PAS leader, has decided to dig in. Urging the people of Perak to back him, the bespectacled and soft-spoken MB has described his government’s ouster as a coup and refuses to give in.
“We are not rejecting the decision of the Sultan. We are pleading to ask for the dissolution of the assembly. The Sultan told me that Barisan Nasional has 31 to 28, but I told him that was inaccurate as three have vacated their seats.
“I asked for consent to dissolve to protect the rights of the people. The BN’s majority may not be a valid one,” Nizar told reporters.
Meanwhile, Prime Minister Abdullah Ahmad Badawi has had talks with the Sultan. It is not clear what they spoke about. Meanwhile, the 28 BN assemblymen and three Independents are expected to be sworn in as the new state government at 3 pm tomorrow.
The decision by Sultan Azlan is not totally unexpected. The BN-controlled media has been predicting the fall of the Pakatan government for weeks.
Pakatan leaders too have been sombre in private, given the far-reaching arm of the Umno-BN’s influence.
Tsunami-scale criticism for the Perak Ruler
Nevertheless, Sultan Azlan’s decision will spark tsunami-scale reverberations across the nation, and further erode public confidence in the country’s institutions.
Distrust and disgust, both nationally and internationally, will also increase with the latest disillusionment
Already, a hail of criticism has rained down on the Perak Ruler, as disappointed Malaysians expressed their frustration and feelings of betrayal against him - a former top judge they had respected without question in the past.
But now, the police are setting up road-blocks around Ipoh town and perhaps even preparing to arrest top Pakatan leaders.
Rumours are spreading like wild fire across this laid-back state, famous for its tin mines, limestone caves, more recently steaming-hot white coffee.
Today, police have asked employers across town to send their workers home early, not so much that the Pakatan will create trouble, but more so, to prevent them from taking part in its mammoth rally, which began at 7 pm at the MB’s residence.
Prime Minister Abdullah Ahmad Badawi, together with his has been summoned to meet the Ruler at 6 pm.
Very clearly spelt out in the Constitution …
Deputy Premier Najib Abdul Razak had earlier held a half-hour discussion with the Ruler to inform him that the Barisan Nasional had enough support to form a new state government, while Nizar had yesterday urged His Majesty to dissolve the state assembly.
If the Sultan had agreed to Nizar’s recommendation, it would allow the Pakatan Rakyat to call a snap election, enabling Perakians to choose for themselves their own leaders, rather than have a shaky line-up assembled through defections forced upon them by Najib.
Like hundreds of other civil society experts, Umno stalwart and Gua Musang MP Tengku Razaleigh had said it behoved the Ruler to uphold the Constitution, especially in times of crises.
The Constitution was the source of guidance for action. It spelt out a formal process for the formation of a government and the Ruler is sworn to uphold and protect this process, he added.
“The Constitution and the role of the Ruler in such crises must be respected because defections are not a basis for the formation of a government. Elections are,” the Kelantan-based prince said.
“The Menteri Besar has sought the Ruler’s consent for the dissolution of the State Legislative Assembly. The decision now rests with the Ruler.”
Unfortunately, the decision has gone against the Pakatan.
Nizar, who is by law still the Menteri Besar, counter-claims that the resignations of three controversial assemblymen - Behrang’s Jamaluddin Mohd Radzi, Changkat Jering’s Mohd Osman Jailu and DAP’s Hee Yit Foong - are valid and their seats therefore vacant.
By-elections should rightfully have been called, but the Election Commission - in another disgraceful act - refused to set polling dates, thereby enabling the three assemblymen to effectively cross over to Najib’s BN.
All three have since declared that they have become Independents, and will side with Najib to form a new state government.
According to press reports, Hee is starting to feel the anger of her constituents. Her home is believed to have been pelted with stones and shouts of abuse hurled at her and her family.
Will a legal battle begin, a scramble for more defections?
Legal experts had said the Constitution empowered the Ruler to appoint, but not to sack. Should the Pakatan decide to contest the Sultan’s decision, it would be an unprecedented and time-consuming battle.
Just this morning, Nizar had insisted it was still business as usual until the status of the resignations of the trio were decided by the courts, or the state assembly reconvened - which could take place at the furthest six months from now.
Said KeADILan information chief Tian Chua: “We need to look at all aspects and be sure the rights of all Perak people are protected.
“The BN claims it has 31 seats, we say they have only 28. Worse still, only two of their representatives are non-Malays, while Perak has very large Chinese and Indian communities .
“We need to be sure they are all protected and that they are agreeable to such a BN government.”
But even as Tian spoke and especially after Sultan Azlan’s decision, BN components - in particular the MIC and the MCA - are moving quickly to follow the example set by their big brother, Umno, and scalp a few defections of their own.
Such is the power and immediacy of the Perak Ruler’s decision, whether wise or not, fair or not.
Meanwhile, Speaker of the Perak assembly V Sivakumar has filed an application with the Ipoh High Court, seeking to declare as vacant the Behrang, Changkat Jering and Jelapang seats.
He is also asking the court to declare as valid the resignations letters of the three assemblymen.
If successful, it would create a 28 to 28-seat tie in the state assembly, forcing state-wide snap polls and frustrating the bid by the BN to form a new state government.
Said Pakatan leader Ngeh Koo Ham: “We are filing a suit in the Ipoh High Court to declare the three elected representatives have resigned. There is no majority, and so it would be appropriate for the Sultan to consent to the dissolution of the assembly.”
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