the longer term
Some BN leaders are already celebrating our ‘seizing power’ in the Perak state government via defections. One major newspaper, taking the matter as settled, is already devoting frontpage coverage to speculation about who will be the new Menteri Besar.
All this has happened because three state assemblymen from the Perak government have left their respective parties to become independents allied to BN, and the Bota state assemblyman has returned to BN.
A few words of caution are in order in in this extremely fluid situation.
For constitutional, ethical and political reasons, I think celebrations are premature.
Constitutional points
The Constitution and the role of the Ruler in such crises must be respected.
The defections may or may not topple the government of Perak, but some of us are behaving as if they have instantaneously transferred the government to BN. Defections are not the basis for the formation of a government. Elections are. Governments are formed after citizens have expressed their choice through free and fair elections. Our Constitution specifies a formal process for the formation of a government. The Ruler is sworn to uphold and protect this constitutional process. From among the elected representatives, the Ruler appoints as his Menteri Besar the individual who in his opinion commands the confidence of the majority in the assembly, or dewan. This choice belongs to him alone, although thereafter the Assembly may reject his choice by a vote of no confidence in the dewan. The Ruler’s powers and those of the legislative assembly act as checks and balances on each other.
The Menteri Besar has sought the Ruler’s consent for the dissolution of the State Legislative Assembly. The decision now rests with the Ruler. If the assembly is not dissolved, Dato’ Seri Nizar Jamaluddin remains as Menteri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the assembly. The Constitution makes no provision for his removal by press conferences or newspaper headlines declaring victory.
Ethical and political issues
The ethical and political issues coincide because ethical failures are at the core of our political problem. Umno is in critical condition. Our biggest challenge, both as a party and as the governing party, is to tackle corruption at every level. We are under close public scrutiny in addressing this problem. Unless we implement radical reforms and are seen to be doing so, we are finished politically come next election.
Instead we are now seen to be “winning back” Perak with the crossover of exactly the kind of low calibre individuals, as one commentator has put it, that we should shun.
Two of the assemblymen whose allegiance we have suddenly gained are under investigation for corruption. I was clearly wrong about the integrity of the assemblyman from Bota. His justification for his record-breaking ten day double-hop is an insult to the public’s intelligence and nauseating in its insincerity. It is precisely this kind of open abuse of the public’s trust for the sake of personal gain that causes people to hate Umno.
The farcical circumstances of these defections, complete with mysterious disappearances, sudden reversals, and implausible explanations, show ample signs of illegal inducement. No matter what the truth of the matter, let us not fool ourselves. People will not believe that these crossovers were honest. This mistrust will taint any government formed on the back of these crossovers.
Elections are the sole source of the government’s authority in a democratic society.
In the end we shall have to face elections
If the Ruler decides not to accede to the MB’s request for the dissolution of Parliament, and BN is invited to form a state government on the basis of defections, what more dubious ones, I think it would anger a large section of the Malaysian public.
Our taking control without resort to elections would cement the enmity of the very people we should be trying to win back at the next elections. Come next General Election, they are are likely to reject both our state and parliamentary candidates with greater vehemence, and not just in Perak.
Contests in a democracy are not a fight for survival in which anything goes. They are competitions to serve.
BN should reform to improve its ability to serve with distinction. This is a long-term project that requires immediate focus. We do not need the distraction of transient, shaky victories when our task is to upgrade ourselves to win elections again, fair and square.
The is the only sustainable way to win the public back to BN.
===================================
NOTES
We are a democracy
The authority of our government derives solely from the consent of the governed. That consent is expressed primarily through elections. Free and fair elections are the bedrock of our system of government. Free and fair elections are the only source of the authority of the government.
We are a parliamentary democracy .
At both state and federal level, governments are formed only after the people have expressed their will by electing their representatives to the legislative assembly. In the states, these are the state legislative assemblies, or Dewan Undangan Negeri. In the Federal government, this is the lower house of Parliament.
We are a constitutional monarchy that preserves the sovereignty of the Malay Rulers.
Acting on behalf of the people, and with the executive powers of the government vested in him, the Ruler appoints as his Chief Minister the member who in his view commands the confidence of the majority of the members of the assembly. The Ruler’s discretion in this choice is absolute. However his choice can be tested by a vote of confidence in the assembly when it convenes formally.
Note that in this constitutional description there is no mention of parties at all. Each elected representative, whether a parliamentarian or a state assemblyman, enters the Dewan as an individual representing his constituents. From the point of view of the Constitution, the member’s party affiliation is irrelevant. It may determines how he votes, and therefore which side of the assembly he sits on, but nothing else, so far as the State Assembly is concerned.
A government can fall when a majority in the assembly votes against the government in the Dewan. To preserve the integrity of the system, that “majority” is narrowly defined. It is the majority determined by a vote within a formal session of the Dewan. It is not a “majority” as established by opinion polls or by press conferences or signed letters.
This is why Dato’ Seri Anwar Ibrahim could not take over the Federal Government last September simply on the basis of his claims that he had a majority of MP’s with him. Signed letters of support or mass presence at press conferences were irrelevant to the question.
This is why in Terengganu last year Dato’ Idris Jusoh could not form the government, despite having signatures from a majority of the state assemblymen.
The Assembly is not a meat market, and the government is not up for auction.
The “majority” needed to form a government is defined in the formal way I have described.
I wish your colleagues listen to you Tengku. I’m grieved that this is happening in our beautiful country.
poundsaway
February 5, 2009 at 9:34 am
I hope everyone will listen to you.
You are supposing the right choice to lead the BN and UMNO.
Tengku, please write a piece to condemn those who crossovers, who accept crossovers, and accept crossovers with scandals, mainly Najib and Anwar.
We have to keep the democracy alive in Malaysia. This is a black spot that never going to be heal if BN just takes over this way over Perak.
timmysay
February 5, 2009 at 9:57 am
Real democracy’s dead.Tengku sure will change this all if he is in power, for the sake of rakyat. But sadly, most assemblymen dont represent the rakyat.
The MPs cant become filthy rich if tg razaleigh is the leader. And they also must pay tax.
We need more TR in politics.
And we need to revise history subject in school so ppl will have higher patriotism spirit. Highlight all the good morale fm prev leaders.
farizkb
February 5, 2009 at 10:59 am
Salam Tengku,
You are such a gem! Many a days I wondered what this great country would’ve achieved had you succeeded in 1988. May Allah grant you continuous good health for I am still clinging on to the hope that you will become the leader of a unity government in this country.
abuluqman04
February 5, 2009 at 11:00 am
Tengku, I have never moved in your direction, not since semangat46 and the fact that you never followed through after S46 but what you have written today is something that will never be heard off from both Pakatan & BN, This statement will never be heard from either the leaders of Pakatan or Barisan.
As a Malaysian, I’m thinking now, is your statement above a reply from a dejected politician or someone who has had a virtue of just and compassion but was never given the chance to lead.
Sadly we will never know what might have happened if you had lead Malaysia…..
slaiman36
February 5, 2009 at 1:55 pm
Tengku,
As many have indicated in the past, the only way to save BN/UMNO is let them be wiped out in the next GE and becoming a small opposition. Then, a leader like you should come back and reconstruct the coalition with a greater vision. I wish you good health to help make this reality.
geh1
February 5, 2009 at 2:31 pm
tengku i admire your correct view!
what i want to say is today the ‘seizing power’ action will be judge by a sense of rightfulness people of malaysia.
they will end by 13th national election.
vcchong
February 5, 2009 at 2:45 pm
Dear Tengku,
UMNO and BN both are totally hopeless due to their corrupted mind. They forget the importance of honesty as a politician. The plot of UMNO is success, but BN should pay for it.
martinoei 黃世澤
February 5, 2009 at 8:09 pm
Dear Tengku,
Look like the election is for show only. We don’t have the right to select the party we need. WHY NEED TO MAKE ELECTION, wasting our time our money but cannot get what we want!!
amin1880
February 5, 2009 at 8:23 pm
Dear Tengku,
I think the situation in Perak, it is right to allow the people of Perak decide who should rule the state by having an election. this is the best solution to avoid the situation getting from bad to worst.
I am glad someone senior from UMNO gave this kind of remarks and spoke for the people.
viratta
February 5, 2009 at 10:14 pm
Dear Tengku,
With all due respect, you win my vote for being so fair and righteous among all. The world will be better living if more of you alike.
A big hug from me!
lavanda88
February 5, 2009 at 11:44 pm
Dear Tengku,
this is the first time i read your blog, and i am totally impressed with your wisdom and view of politic. i was wondering if all the Malaysia politicians share the same wisdom as you, then we will have a better country to live with now.
all the Malaysia Rakyat and UMNO members shall felt proud of you, for having such a brave and honest voices for the Rakyat and the country.
thank you!!
dancingwithwolves
February 6, 2009 at 12:33 am
Dear Tengku,
U r the best candidate for UMNO presidency but they rejected u. U have done your best to save UMNO but it chooses the path of destruction. They have already dealt the final blow which will destroy it. A corrupted party which is beyond redemption.
I just find it irony, Zaid Ibrahim was sacked because he attended an opposition gathering, but the Bota assemblyman who joined PKR was welcomed back into UMNO with an open arm and not punish at all? Does it mean that next time anyone who join the opposition can be welcome back with an open arm?? What party law is this ? Joining another party is tantamount to betrayal. Tengku, I’m sure u know better than anyone how serious corruption is in the party and what it would do to the country. Even if you could become the president, u still won’t be able to stop the destruction, at most u can do is slow down the desruction of UMNO.
The situation in Perak is really very shameful. Taking down the Chief Minister without following the constitution. Law of the jungle?, I’m sure I don’t need to elaborate what it is about. I personally believe that election is the best way to solve the problem in Perak but some dare not face the rakyat. If the BN govt form the Perak state govt, there will always be a question mark whether the state govt is legal or not. If taking down the Perak state govt can be so glorious, I’m sure taking back the 2/3 majority in Parliment will be even more glorious to some parties? Looks like Napoleon style. Good luck to you ,Tengku.
justice01
February 6, 2009 at 1:26 am
[...] Tengku Razaleigh has stated rightly: Our (Umno) taking control without resort to elections would cement the enmity of the very people we should be trying to win back at the next elections. Come next General Election, they are are likely to reject both our state and parliamentary candidates with greater vehemence, and not just in Perak. (read here) [...]
Perak in Crisis or is it really? « Proud 2B Malaysian
February 6, 2009 at 7:51 am
[...] the longer term Some BN leaders are already celebrating our ‘seizing power’ in the Perak state government via defections. One [...] [...]
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February 6, 2009 at 8:10 am
Kelantanese are “hereditarily” people of principles and
righteous value. Tengku and Zaid Ibrahim are two such
great intelectuals with such quality. Unlike many despicable Umnoputras, they uphold their unbiased socio-political values without fears nor favors to their political affiliation or ethnic group. But sadly, these
respectable individuals usually do not do well in the
Malaysian political arena!
ogengkelaten
February 6, 2009 at 12:32 pm
My friend said that if you had become PM … Malaysia would have had a very different life now. And I agree.
poundsaway
February 7, 2009 at 8:17 am
The few voices of rationality and decency emanating from umno have always been drowned out by its culture of greed and arrogance. This organization has proven itself incapable of awareness of and adapting to a changed world; it is in its final death throes and beyond salvation. It baffles me greatly why a fine gentleman as yourself still chooses to be associated with it and by extension be tarnished by its immorality. I submit that it is delusionary to harbour any hopes of trying to change the umno culture from withnin. It should just be left to die on its own. Sadly, the country will suffer much during this terminal stage but this is the result of an apathetic society which allowed the ‘cancer’ to develop to what it is today. Perhaps,you should leave and lead an independent moral force together with people like Zaid Ibrahim,to be a voice for the rakyat. While you may never be prime minister, your voice for rationality and human decency will help better transform our society and take the country to a new level. God bless you and may He have mercy on our beloved country.
barbertan
February 7, 2009 at 1:23 pm
Dear Tengku,
I am very glad that you are a very learned and decent person in your views on what’s going on in our country. I wonder what is your ultimate objective when you know very well that the UMNO bloodline has cancer in it and it can never be cured.
There are only 2 things i can think of:
1) You are just being a wise man doing public service and waiting to be taken away by your Master
2) Your ultimate objective could be that you are eye-ing for PRU 2013.
My recommendation, if you want to see changes taking place where the people and country are concerned, then u must advance your cause further to the forefront.
cakaptakserupabikin
February 17, 2009 at 3:13 pm
Dear Tengku
Your brief treatise on the Malaysian Parliamentary system is both eloquent and poignant.
It is nauseating that the proper exercise of the parliamentary system in Malaysia is now subjugated by the mercenary politics of self interest.
I have been out of the country since my teens but have maintained constant contact with developments in the country. I’ve always been proud to call myself a Malaysian. However, lately the pride has somewhat dimmed and I find identifying myself as a Malaysian to other nationalities a chore, as invariably I would be queried on the policies of the country, which I’m unable to defend. This feeling is akin to Democrat leaning American citizens when queried about American policy during the Bush Administration.
I am proud though that you are still in Parliament. I believe you are the longest serving Parliamentarian in Malaysia. It is unfortunate that your offer to run for UMNO President was not realized. Money politics is so entrenched that true statesmen like yourself are sidelined and prevented from serving our country. However, I am of the opinion that this has turned out for the best as UMNO and the government of the day is now in its death throes and it would not serve you and our country if you are in the center of the storm when it breaks.
Your blog is refreshing and I make it a point to read your entries and encourage my fellow Malaysians living in Hong Kong to read it as well.
kitsun62
February 18, 2009 at 11:01 pm
Dear Kuli,
Pardon me for calling you this but the rakyat fondly refer to you as that. It seems that in our constitutional crisis, you are the only one with the right view or at least, the only visible authority on the matter.
It is almost impossible to imagine that after so many years associated with UMNO, you could leave and act outside the party. But I am quite sure a large portion of the rakyat would wish that you could while you are still able to serve. You would still need a platform to execute your plans for reform. BN is beyond reform. Time and again, it has proven to be unchangeable. Dato Seri Anwar Ibrahim thought he could change UMNO from within but in the end UMNO changed him. After 6 years in prison, he seemed to be a changed man. I hope it is for real, the rakyat hope it is for real.
Tengku, I urge you, you don’t have to join any of the component parties forming the PAKATAN ALLIANCE. But offer your services to the IKATAN nevertheless. I am sure the alliance would welcome it. You need a platform, there is no other ship than this one. The other is a titanic, it is best to disembark. One last chance Tengku, for you to serve the rakyat and be remembered. The rakyat would erect a tall mausoleum for your services to the nation.
wargabebas
April 27, 2010 at 6:24 am