Saturday, May 23, 2009

It Stinks Somewhere in Putrajaya

After the Perak verdict, it just stinks! Clearly, it has created more doubt than certainty. Now, the judges cannot even agree on the interpretation of the constitutional language. This judgement is set to put the federal constitution on a serious trial.

It was ruled that the Sultan (monarch) has the authority to hire and fire a chief minister. But Malaysia is a constitutional democracy. A chief minister should only be answerable to the state assembly. His leadership should be decided by elected members of the legislation. Even if the law does not specify a method on how a chief minister can be removed, it does not mean that the best possible method is through the arbitrary decision of a monarch.

I think we are done trying to explain and argue about our constitutional rights. The only option left is to reclaim our democratic rights. If a regime entrusted with the power to rule for five years cannot deliver this responsibility fairly, it is up to us to stand up for our democracy and our rights.

I agree with Dr Mahathir that we should not go back to the feudal way. We should put the right people at the right places. People whom we expected to help defend and protect our constitutional rights cannot be allowed to abuse this responsibility to pervert the law the way they feel fit.

Each and every institution must have a check-and-balance system to ensure that there is no abuse of authority or power.

In this case, our institutions and government have failed us. The only option left is to exercise our rights at the ballot boxes.

It is a shame to know that while most countries are moving forward, we are doing exactly the opposite and still hoping to become a developed nation by 2020.

We must stand up to fight till the end. Our collective will will prevail if we can work as a nation to reject the old Malaysia and replace it with one which promises us a better future.

Act now! I want to hear from you what we can do together.

24 comments:

freemsian said...

here is what we can do.

mobilize the civil rights movement now. join hands with the bangsa malaysia ppl. get zaid ibrahim in if he hasn't joined a political party (yet).

here is the trick - don't bring in politicians.

freemsian said...

if you are trying to work the politician way, go back to sedar.

Malaysian Heart said...

I am concerned that our laws at present aren't clear enough on the rights, roles, responsibilities and limits to the powers of the various Institutions that play a vital part in our Democracy. The relationship and interactions between these entities are still governed by unwritten or partly written conventions, customs, discretionary and reserve powers and prerogatives. These ambiguities have resulted in actions and outcomes that have seriously undermined our Democracy and Constitutional Monarchy. While there is certainly a case for allowing some "wriggle room" in laws so that we may flexibly meet unforeseen challenges, the seriousness of the Constitutional Crisis that we are currently facing suggests that this room for wriggling is currently much too big. Surely our best legal minds can amend our laws to better reflect the Rakyat's aspirations. What we need is a review of the laws of all states, and where ambiguities exist, they need to be codified as clearly as possible, all the while strengthening the foundations of our Democracy: Constitutional Monarchy, Separation of Powers and Parliamentary Supremacy. This should be an important part of PR's manifesto for the next General Elections.

YCW said...

Yes, our judiciary system stinks to high heaven this round. Twisting and turning to find ways to misinterpret a simple constitution, apples become oranges.

As the guardian of our law and constitution, someone who should exercising no favoritism in settling any disputes, they failed miserably. Sometimes we wonder how they passed even Law 101.

It is hard to win a football match when the referee is always with the other side.

11 vs 12.

Anonymous said...

This is a sacrilege. The constitution has been raped and respect of the civil law has ignored and twisted by none other than the judiciary. We have no choice but to use our our power as voters to kick this rotten government out to teach them a lesson. This is also a blight on the monarchy and give people another good reason why they should be consigned to history.

Apaijabu

Anonymous said...

it stinks all over, throughout the nation and not just confined to 'somewhere in putrajaya'.

btw, i seriously wonder who has been hoping that the nation become a developed nation by 2020. since inception, it was met with sceptics and there are even jokes that year 2020 is the year malaysia becomes BANKRUPT. jokes aside, if the people continue to allow UMNO to govern, it will become REALITY!

simply, what else can the people trust anymore? what institution? from corruption to the enforcement of law, clearly rule of law doesn't exist.

sigh!

FT

Anonymous said...

"I agree with Dr Mahathir that we should not go back to the feudal way."

Yes, but whatever Mahathir says is also never what we nornally expect it to mean.

He is the most amoral, devious and inconsistent specimen alive. He only equivocates, and can never speak straight!

Anonymous said...

khoo,

who killed the judiciary in the first place? Its the same person who talks about feudalism and what nots. the kangaroo court is here to stay unless BN is kicked out. Simple as that.

Malaysianjustice said...

The check and balance system has been destroyed by the BN govt all for the sake of a state.

We will fight till the end for our beloved country!

BN may have won Perak for now but they will surely lose the country in the future!

telur dua said...

What can we expect of graduates from Lingam Inn?

Anonymous said...

It is never too late!!! If you can agree. But brother, would like to remind you that the system has been infiltrated with incompetency and mediocre are sitting at the position that they don't deserve and it will definitely need time to make it right.
Though you sound very frustrated but keep your hope alive, brother!!! keep up blogging. The disintegration of an Eastern Block Europe was completed with a very simple role played by blogger and I am not surprise with continues effort of creating citizen awareness with your ideas thru your blog we will succeed insya'ALLAH.
Remember this principle of war "Selection and maintenance of the aim" is rule no.1 and keep focus come what may.
With the power that be, you can't be confrontational but the tagline is "membujur lalu melintang patah and Lawan tetap lawan" Good luck brother and you are one of the many hopes that we have!!!

Anonymous said...

You are right it stinks big time and not only there but throughout the administrative,educational and all the civil services.These are all civil srvants for crying out loud.They are supposed to be working for the public interest for you me and them.
Somewhere along the way some of these civil servants be they ministers or clerks at some government dept actually believe themselves better than us and started to have attitude,and there the rot started.Try questioning them too closely and you see the sullen faces emerging and the curt replies or evasive pushing around.You try asking your kids at school why they never want to ask some of their teachers questions?
Cut to the political scene and do we need bothering asking or wondering why certain policies, decisions are made?They are not there for you and me mate.We need to trash them and how!
I love our country but these leeches really are taking us for and have been actually, for a ride.

W T F Lo.

Anonymous said...

We should declare a stop work hour.

Everybody hands down wherever they are at. Stop answering phones, stop producing reports, stop selling, stop whatever.

I think one hour wont get anyone fired.

If you are pro-democracy, stop for one hour. If successful, we take it longer.

There is only one reason why the govt and their tools and cronies like the judiciary, the PDRM, etc etc are acting wantonly.

They have not learnt yet that its the PEOPLE they should fear.

Samuel Goh Kim Eng said...

HOW MANY BOTHER TO THINK?

Do we only have a few who think
While there are more around who stink
When the majority don't even bother to blink
So we beg the question "Where's the missing link?"

(C) Samuel Goh Kim Eng - 230509
http://MotivationInMotion.blogspot.com
Sat. 23rd May 2009.

Jayenjr said...

Dear Khoo

Your statement, "I agree with Dr Mahathir that we should not go back to the feudal way. "

I beg to adjust that viewpoint.

Mahathir is the prime reason why Malaysia is in the mess that it is today on all material fronts.

giam2020 said...

The court have set a dangerous precedent,the interpretation mean that the rulers can even sack the PM.
Then what is legislature which is elected for.We might as well save lots of money,by doing away with it.

Voice of the Oppressed, Suppressed said...

BN/UMNO is the cancer than is killing the country. We MUST remove this cancer before its too late.
Agreed. It through the ballot box. What will I do?
1. Get young adults to resgister as voters?
2. Explain the abuses of BN to those who know nothing about what's going on.
3. Urge your friends in MCA, Gerakan and MIC to jump ship - for the sake of themselves and their children's future.
They must realize that their children will have nothing to inherit is a Zimbabwe type Malaysia.

Anonymous said...

It is impossible to believe that mahathir is not involved in the "new feudalism" that he created.

What is happening are the fruits harvested of his 22 years.

-bizmark

Anonymous said...

mahathir brought us to this
kangaroos have said their piece
police r going haywire
macc is working 4 umno/bn
ec is prostituting itself
blame all this on maharhir
the cancer of my beloved malaysia

Anonymous said...

imagine...next GE, DSAI becomes the PM, then gets removed...already got precedent...wah..

marcus63 said...

the people who are going to decide the outcome of the next ge are those who are undecided today. call them fence-sitters, hedgers, neutrals, or whatever. but these are the most important people that you need to convince. these are the people who swing between 40-60% pro-bn or otherwise. and these are the people who are most willing to listen to common sense.
therefore, even if they favor bn before they mark the ballot paper, they will vote with logic.
it is imperative that you guys drive home the clear message that, whatever the faults of pakatan, a vote for pakatan will ensure a minimum 2-party system a.k.a the usa or uk, with checks and balance in place. so what if pakatan turns out assholes. they only have 5 years. then you can vote them out. we have lived with bn asshole-ism for 50 years. we have a hobbesian choice - men are not born to do good; men need discipline, and that is the constitution.

kopitelp16 said...

Be careful.... with so many Acts that the Junta can use, many of us with our own opinion (we chose to write it down) can be prosecuted. Sedition Act, ISA ... Just funny to think that with so many Acts, the Gomen can't get their act together.

It's just painful to see the Court twist and turn just to justify their ruling to maintain BN in power. They interpret the law as they like. I'm no Constitutional Expert but I think in a system like ours, the Constitution reign supreme. Now it seems the Monarchy, Police, UMNO and not forgetting the court runs the country.

Constitution? BN scrapped it long long time ago....

Anonymous said...

What is a constitutional monarchy?

http://en.wikipedia.org/wiki/Constitutional_monarchy

"A constitutional monarchy is a form of constitutional government, where either an elected or hereditary monarch is the head of state, unlike in an absolute monarchy, wherein the king or the queen is the sole source of political power, as he or she is not legally bound by the constitution."

Does a contitutional monarch have political powers?

"As originally conceived, a constitutional monarch was quite a powerful figure, head of the executive branch even though his or her power was limited by the constitution and the elected parliament."

"The most significant family of constitutional monarchies in the world today are the sixteen Commonwealth realms under Elizabeth II. Unlike some of their continental European counterparts, the Monarch and her Governors-General in the Commonwealth Realms hold significant "reserve" or "prerogative" powers, to be wielded in times of extreme emergency or constitutional crises usually to uphold parliamentary government."

"In both the United Kingdom and elsewhere, a common debate centres around when it is appropriate for a monarch to use his or her political powers. When a monarch does act, political controversy can often ensue, partially because the neutrality of the crown is seen to be compromised in favour of a partisan goal."

And the possible consequences:

"While political scientists may champion the idea of an "interventionist monarch" as a check against possible illegal action by politicians, the monarchs themselves are often driven by a more pragmatic sense of self-preservation, in which avoiding political controversy can be seen as an important way to retain public legitimacy and popularity."

ajoyly said...

Following legal principle - the interpretation of statutes and that includes the Perak State Constitution should be made as simple as possible based on the standard of a reasonable and ordinary man. It should not be made to appear complicated. The learned Judges are therefore more than qualified to understand the meaning of 'simple and reasonable' in this particular case.

Also in hindsight, it would appear that taking into consideration all the facts including the peculiar political situation existing in Perak at the moment, the alternative judgement - should be one of returning this matter back to the Perak State Legislative Assembly.

In this regard, the court should declare that it's for the house to make its decision relying upon the provision in the State's Constitution as the court is not competent to do so because it has no jurisdiction over such matters.