dissolve the Perak state assembly
On Feb 7, I wrote that a shameful scene was unfolding in Perak and maintained that despite the “takeover” of the state government by Barisan,
according to the Constitution, Datuk Seri Nizar Jamaluddin is 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 any other means, including by petitions or instructions from any other authority.
Today, after three months and yet more shameful scenes, the High Court affirmed the same elementary principle, and held that Datuk Seri Nizar has been and remains the Menteri Besar. As Justice Abdul Aziz Abd Rahim put it: “He is, and was, at all material times the chief minister of Perak.” The High Court also ordered Datuk Seri Zambry Abdul Kadir and his executive officers to vacate their offices, and rejected an application from Zambry for a stay of proceedings pending an appeal.
The High Court has thereby affirmed the primacy of the Constitution.
This judgement brings to a head some of the consequences of our constitutional misadventure in Perak.
The government led by Datuk Seri Zambry was all along illegitimate and all decisions and contracts made by that government are without legal status. The cascade of illegalities we warned of must now be unwound painfully. This includes the deplorable events of May 7 in Ipoh. It means the resolution to replace the Speaker was brought by an illegal state government.
The Sultan, and the monarchy itself, is embarrassed by this episode, as well as by a systematic programme by some to inflame this issue into one of race and treason. Such attempts only hurt the institutions they claim to protect, and they hurt Umno and BN. The real issue was always the Constitution and the Rule of Law, and the monarchy is protected in its role of upholding the primacy of the Constitution and the will of the people.
We now hope that the Sultan agrees to dissolve the Assembly. This is the decent thing to do, but also the only way out of a crisis which has already spiralled out of Perak, damaged the rule of law, compromised the judiciary, the police and the state civil service, and damaged the monarchy in public opinion.
Umno is not well served by leaders that place short term political objectives above the Constitution. Our ideals are cheated when the monarchy we claim to protect is brought down to the level of desperate political manoeuvres that discredit us at home and abroad. We have no future as a party if we are seen as being against the people rather than for them. Those unable to rise above narrow party interests to understand what happens to a country when a government loses respect for the law might still like to consider this: it is better for BN to risk state elections that we may lose rather than to lose the entire country by being seen to be opposed to decency, the rule of law, and the will of the people.
Dear YBM Ku Li,
Yes, the rule of law!….but not much heard from you in any open forum while the crisis was at the height then!.
UMNO has been bashed by ALL Malaysian less the stupid malays that use race, religion and the royalty to defend their stupidity. As a royal, Tengku should have done more, said more to right the stupidity within UMNO.
Ku Li, you have failed to seize the opportunity the last 3 months to put yourself within UMNO as a rightful leader amongst them. I just wonder when you want to do just that…..again….. if the chance crossed your way!
Sincerely
Orglama aka The MIND!!!
orglama
May 12, 2009 at 6:07 am
assalamualaikum tengku,
lama tak dengar berita, mesti tengku sibuk…harap mendapat perlindungan dari Allah
drmohdfarid
May 12, 2009 at 7:41 am
My dearest YBM Tengku,
Maybe, perhaps maybe, our beloved monarchy can learn something from “Wasiat Orang Bangsawan” written by Keris Mas (sasterawan negara), Suluh Malaya, Jun 1946? Saya ingin mengambil kesempatan di sini mengucapkan setinggi-tinggi tahniah dan penghargaan kepada lima sasterawan negara kita yang “Tetap Merdeka”. Salam.
rosetulip
May 12, 2009 at 10:25 am
Tengku…,
Any update about your press conference…?
We had the best of the best of “Perak Circus” show…..!
Now its time for all to “go home” yah……..!!!
veryupset
May 12, 2009 at 10:28 am
Dear Tengku,
Under normal circumstances, would a VVIP sit quietly and waited for 6 hours just to give a speech? Most of the time, I think the VVIP would have fume off and boycott the event if there’s a delay more than an hour.
I am still wondering what possible things that can glue Raja Nazrin to the chair for 6 hours on 7th May. Questioning that, would that “glue” will be used again here to prevent the dissolution of the Perak state assembly?
I am still hoping you will become my PM one day. You are the PM we urgently need to put Malaysia back to its glory days. May God will bless you all the way.
timmysay
May 12, 2009 at 10:31 am
dear Tengku, it is a good article and you read the Rakyat mind, you speak for us.
dancingwithwolves
May 12, 2009 at 11:07 am
Dear Tengku,
As a one of humble Perak state citizen I would like to thank you for your advice and supports to dissolve Perak State Assembly.That is the only best solution that government and our respectful Sultan should do.
Let People to decide.
Thank you…
Agilan Ramachanthiran
Lumut,Perak
shan888
May 12, 2009 at 12:17 pm
Dear YBM Tengku,
The embarrasment is even more conspicuous and jarring when we have a Sultan who was head of the judiciary and should have been steep in constitutional law. It may be that having knowledge of the law is one thing, having the political acumen is another.
Secondly, the Raja Muda, Raja Dr. Nazrin Shah has been going around propounding so forcefully and emotively importance of the rule of law that he got all the people to believe in him. But, I guess it is hard for him to come out to contradict his royal father. They have to stay as a family. It is just like the Sultan of Selangor coming to the aid of the Sultan of Perak.
In view of the above, the fact that the Sultan did not ask/instruct Nizar to go to the Assembly is jarring, indeed blinding, to the eyes of the rakyat. Sultan Azlan Shah should not have got himself embroiled, there was no need to. He would have come out of the situation even more revered, loved and respected by all Perakians and Malaysians.
Now that he has become involved, there are statements from some quarters that he may have benefited by appointing a BN government. It has tarnished the name of the monarchies. Especially so at a time when there are some who are proposing to re-instate immunity for the monarchies. It has made the rakyat suspicious that the monarchies want immunity so that they can cohort with the politicians for their own benefit. This is already the perception, true or not, history will judge for itself.
malaijai
May 12, 2009 at 1:33 pm
My other comment is that the BN/UMNO has not learned from the hard and bitter lessons of defeat of March 2008. Is it true that “Melayu mudah lupa”? It was the high-handedness and the blatant use of the ISA and use of machinery of the State to suppress the people that has led to its defeat in 5 states and loss of its two third majority.
They have now expanded the use of high-handed tactics.
The BN government is using exactly the same tactics to suppress the people and impose their will. Some have calle it the “BEnd” (Be End), not BN. Is the end near for BN?
I would have thought that the BN/UMNO would work hard behind the scenes, quietly, surely and imperceptibly, to win back the hearts of the rakyat.
Like the saying goes, “A leopard never changes its spots”
malaijai
May 12, 2009 at 1:44 pm
Dear Tengku,
When will this end? To a layman, all this events are not benefiting the rakyat. How can a state function with all these power changing fiasco? It is sad.
leowbh
May 12, 2009 at 2:12 pm
The whole country can appeal to the Perak Palace but they will not listen. They are stone deaf.
Raja Nazrin refused to see Nazir all morning today. Why?
perakborn
May 12, 2009 at 2:34 pm
Dear Tengku,
Is this the type of government the people wants in 1Malaysia? Is this our future for the country for the next decade? What is the point of a general election when governments can changed by the few?
It is very sad to see that the right way of doing things and obeying the law have been totally ignored. Let the people vote and decide.
cyder300
May 12, 2009 at 2:54 pm
Dear Tengku
We Perakians thank you for your care and concern over Perak political problems. But I would rather glad to say that please stay away from Perak for its nothing much you can do here. We know that you tried to come back in the political mainstream but you were not spared. You should be ashame that your own people of Kelantan do not show any support for their Royal Politician. You are only likened by people of Gua Musang.
This very request shows that what you wrote does not auger much interest from people of Perak. Maybe people in South Thailand likes it.
You are so convinced that we would listen to your outdated argument on the Perak crisis. Please in future if you want to write again …please make sure it is for yourself or share it with you own people.
We have better brains in Perak.
Your proposal contains negatives impact.
Why should we get involve 2 million people of Perak when we could solve the current political problems with only 31 Assembly men from BN. You got a good idea ,is it or a much better idea then this…….
haronjanor
haronjanor
May 12, 2009 at 4:22 pm
Dear harunjanor,
You have 28 men (1 flip flop frogs) from BN only. The other 3 were frogs.
Those frogs are illegal. If you want to be fair, let’s involved smaller number of people, just have 3 by-elections to determine whether the frogs jump were consented by the people.
Tengku Razaleigh is not outdated, but you are with your narrow minded selfish brain. The people decides who rule the government, not your 28 men BN and 3 frogs.
timmysay
May 12, 2009 at 5:46 pm
YBM Tengku,
As a Malaysian, I am beyond embarrasement with the state of affair in our country. Apart from spins and rhetoric, yours not excepted, there is absolutely no hope in any of our institution – legislative, judiciary, executive as well as the monarchy. Its such a sad day, and GE13 is such a long way away.
apolitikal
May 12, 2009 at 8:59 pm
WHEN? will this tug of war will end? The OM said people first, if that is what he believes why can’t he order his illegal MB to dissolve the state assembly?
Very easy to say then to do, right, Mr. PM? Now he is pushing the blame to the Sultan, very shameful & embarrassing.
Can Tengku talk to the Perak Sultan-huh?
If you can do that, we’ll plan a tree near the SUK building with your name on a plaque, Bolehkah??
gpjoseph
May 12, 2009 at 9:39 pm
Hi Tengku,
Thank God that there are still some brave souls like you within UMNO who rise above the party and put our Rakyat and Tanahair future above the rest.
May i suggest you put translate your blog into Bahasa? Is really disheartening to learn that the mass media and newspaper is being manipulated to brainwash the people, especially in the rural area.
For democracy to work effectively, people (perhaps also some political leaders, police and civil servants) must first understand the principle of free and fair election, and follow by clear separation of power and the independence of monarchy in upholding the Constitution.
Translating into Bahasa, i feel, will allow this blog to reach to a wider audience.
Keep up the good fight for a better Malaysia. Thank you!
msia57
May 12, 2009 at 9:50 pm