Tuesday, February 09, 2010

Perak Trial: BN Won Legally But Lost Morally


It was not an unexpected verdict. The Federal Court today agreed with the Court of Appeal and ruled that Barisan Nasional's Zambry Abd Kadir is the lawful Mentri Besar of Perak.

The five-man panel of judges comprised Court of Appeal president Alauddin Mohd Sheriff, Chief Judge of Malaya Arifin Zakaria and Justices Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusoff, and Abdul Hamid Embong.

The judgement was read out in court by Arifin Zakaria. “There is no requirement in the State Constitution which requires a vote of no confidence to be taken in the State Assembly. In the present case, there is no doubt that Zambry has the support of 31 of the 59 members of the state assembly.”

I have a problem reading the summary judgement from a layman perspective. Logic should prevail when there is no requirement in the State Constitution which requires a vote of no confidence to be taken in the state assembly. Democratically, an elected menteri besar should face the assembly vote if he no longer enjoys the confidence of the house.

The role of the judiciary is to help fill in the gap in the state constitution with a process which is consistent with the spirit of democracy.

If the State Constitution is silence on the issue of removal, it does not automatically empower the Sultan to act on his personal capacity to decide who should be the legitimate menteri besar. What is the mechanism available to ensure that the Sultan does not err in his decision?

It is dangerous to go back to this road, letting the monarch to decide who should be the head of government, without potentially causing an irreparable destruction to Malaysia's democratic credentials.

Democracy is justice delivered and not denied. The whole episode of party hopping and the decision to sack a democratically elected government by appointing a new government supported by three controversial assemblymen is a mockery of people's mandate. This is the real problem, not who ends up governing Perak.

In the power grab, the Najib administration has proven to be quite impatient. Sadly, policy makers should strive to strengthen the democratic process and not destroy it. Eventually, it may proven to be a short lived victory for Barisan and Najib.

The crucial point now is not about supporting the Pakatan coalition, which should shoulder some responsibility for the indiscipline of their elected representatives, but to restore the State Constitution and the democratic process to its original spirit. Men and women are created equal. Democracy reflects this equality by giving a vote to everyone regardless of wealth or personal status.

By rejecting this government, Perakians will send a clear message to the politicians, ruling regime, judges and royalty that the only viable option for this country is democracy and not feudalism or absolute monarchy.

Barisan may have won this round but will their victory be celebrated by the international community and reward the country with new investment?

Tengku Razaleigh is right to point out that Malaysia is removing itself from any positive reform. We may have gone a few steps backward. Malaysians must decide their future and they should do that with whatever democratic avenues left - elections.

15 comments:

Anonymous said...

Anonymous,
Elections no longer needed in Malaysia, what good is the votes when the court can decide who should be ruling the state and next country. The fairest way to solve the problem is another election for people to decide. Elected representative should vacate the seat if they no longer wants to remain in the party that got them voted. So now you cannot trust the people you voted for, as they can jump to another party if it suits their whimps and fancy. What rotten system are we practicing in Malaysia, Najib and his 1MALAYSIA can go to hell. He did not become PM fairly to don't believe in his garbage about 1Malaysia it a load of bull, just like him.
Shit On Najib

Anonymous said...

Did you all notice all the Umno supporters wearing yellow t-shirts with 'Daulat Tuanku' wordings on it even before the judgement? Meaning they knew ahead already the outcome and 'basis' of judgement right? Going back to the medieval age....sigh!

Anonymous said...

We want people's power! Those who dont respect this make sure they go fly kite in GE13.

najib manaukau said...

I said this will be the case more than two weeks ago on several blogs. I say this again this will happen again and if the opposition will accept this reality they should spend their time and above all their efforts in other areas rather than fighting Umno in their court.
After all the present CJ is from Umno and what justice system do you and can you expect ?

Umno will let you win the first times in all cases and then win in their appeals just so the present government can claim that they have a fair judiciary.
As I said the only way out of this bloody shamble is to vote these corrupted bastards out of their offices in the next GE.
Another thing Zambry does not have any features of a true Malay, very few Umno members do. That is why Umno is playing Allah to permit Indians and mixed blood Muslims to become Malays when they wear singkots and baju like a Malay otherwise there won't be an Umno. How come Allah did not make these mixed blood borne as Malays in the first place if they are Malays?
However Zambry does have the features and look of a true Indian. just like the pariah, racist and shenanigan Mahathir has that of a Pakistani. If his grand father did not immigrate to Malaya (to get rid of his stigma of a pariah) before India's independence he surely would have gone to either East or West Pakistan when they were formed when India became independent. Just look at the pariah, racist and shenanigan's noise it has every inch of a Pakistani. If he chooses to immigrate and has no place to go he will surely have no problems going to Pakistan when the opposition takes over in the next GE.

Sam 01 said...

This is how the 5 stupid UMNO judges decided:
1.They say the constitution is silent if the no-confidence vote is to be taken in the state assembly. It is also silent that the vote as to wheather the vote be taken in a palace.
Then what the justification to allow the sultan to conduct the no-vote in his house.

2. They said the constitution is silent on the sacking of the MB. Then who gave the sultan the right to sack him?

So tomorrow 115 MPs can quietly walk into the King’s palace and prove to him that they have lost confidence in Najib and they want Tunku Razaleigh as PM and bingo Najib is ousted and we have Tunku Razalieigh who could not even get a seconder for his UMNO presidency bid as the new PM.
This is Malaysian democracy and the world can learn from us. Or is it the Malaysian version of Dawn Raid.

Anonymous said...

Right on! At the end, it is the role of the government to put people first in everything (not in the slogan of 1 Malaysia) even if it hurts! Let the people decide! With this ruling, the precedent has been set and it will bite even the BN in the future!

pinsysu said...

wat happened to perak is a double-edge sword ... now agong can sack the 1PM if some amphibious ones, sori sori, ambitious ones plan to replace najis ... hohoho!

Anonymous said...

What do rakyat expect from the 5 clowns. Justice? My foot!!!!!!!! We know the outcome become they can open their stinking mouths.
However, we believe it is a blessing in disguise for our Perakians. That mamak "zombie" will just do anything to hold on to power. We rakyat will enjoy whatever comes along.
But, come GE13, we will kick the BN out esp that fat mamak "zombie
Dont forget that 3 unethical froggies esp that ugly fat ass FROG hemophrodite from Jelapang.

Samuel Goh Kim Eng said...

IT HURTS WHEN IT'S CURT

Love hurts when it's curt
With known justice to burp
When people's choices are upsurped
And democracy is treated like dirt

(C) Samuel Goh Kim Eng - 100210
http://MotivationInMotion.blogspot.com
Wed. 10th Feb. 2010.

Anonymous said...

Who is the international community u r referring to? The state terrorist -US, Israel and UK or anti-Islam France and Switzerland?

ahoo said...

What we are witnessing is no longer democracy in practise but those warlords in power are power crazy and demon-cracy. They think that this land is their playground and thus all decisions must be to their bidding.

Let us pray for more righteous people to rise up and stand as candidate. To be selected into Parliament and turn this nation away from it's evil axis. Policies that are beneficial to the poor and needy must be enacted and those who plunder and robbed our nation coffer must be put to trial.

Anonymous said...

Won legally? No, it was won illegally in a kangaroo court. An illegal, unethical, immoral win that reflects the total lack of integrity, competence, good governance which Malaysia was built on. Malaysians aspire to be a 1st class nation, buy yet they vote in low class politicians to run the government; they, in return, mess up the system to ensure that Malaysians remain with 3rd world mentality so that they can plunder and rape this country as they wish. What a sham!

Anonymous said...

Can Malaysian tolerate anymore? Only time will tell and time is running out real fast! May the force be with the Rakyat...Long live the Rakyat!!

Anonymous said...

"... In the present case, there is no doubt that Zambry has the support of 31 of the 59 members of the state assembly.”

Do the judges care to question whether the "support" was given on free will, free from duress or threat? Two of the assemblymen have corruption charges hanging over their head when they changed to frogs!Perhaps these five judges will do the honour of also throwing the charges out?

When will the curse of Najib stop?

somethingStirring

Anonymous said...

Khoo
A Very Happy And Prosperous Chinese New Year to you and all your love ones..
Keep it up and fight like a TIGER to bring justice to all Malaysians irrespective.
Our hearts goes to you for what you have done in your blog despite the constraints you are under. Thanks a lot.