Our Malaysian politics is in the world radar again .
Perak is a history now in Malaysia,
Politicians are battering each other and the dewan in chaos .

Sad to see whats happening ,power crazy,struggle and horrible ,I have 1000s, of email around the world asking why is this in our country ,well honestly I have not answered even 1 , reason being I myself dont know how to further position Malaysia to this curious mailers.
Well you tell me what you feel and should be done

Black May in Malaysia

Let the rayaat make the decision in order to solve d problem

Court: No authority for Speaker to suspend Zambry

PUTRAJAYA: Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir and his six state executive councillors cannot be suspended from attending the state legislative assembly for alleged contempt as the offence is not provided for under the Perak State Constitution, the Federal Court ruled.

Federal Court judge Datuk Seri S.Augustine Paul, in his written judgment, said Article 44 of the Perak State Constitution, read together with the Standing Orders of the legislative assembly and the Legislative Assembly (Privileges) Enactment 1959 did not provide for the offence of contempt and the resultant punishment of suspension from attending sessions of the state legislative assembly.

Therefore,the suspension order of 18 months for Dr Zambry and 12 months for the councillors made by state speaker V. Sivakumar was null and void as Sivakumar had no power to do so, he said.

“The power to deal with contempts, which is not provided in the Standing Orders of the legislative assembly, is not something that the Speaker can take cognizance of as it requires a law to that effect,” Paul said in his 64-page judgment dated June 3 and made available Thursday.

“There must be specific legal authority to take cognizance of and punish for contempt. This is particularly significant where the alleged contempt was committed beyond the walls of the legislative assembly,” he said.

On April 16, the fiveman bench led by Court of Appeal President Tan Sri Alauddin Mohd Sheriff held that the suspension order by Sivakumar on Zambry and his six exco men was ultra vires the Perak state constitution.

Sitting with Alauddin were Paul, Chief Judge of Malaya Tan Sri Arifin Zakaria and Justices Tan Sri Nik Hashim Nik Ab Rahman and Datuk Zulkefli Ahmad Makinuddin.

Zambry and the six Zainol Fadzi Paharuddin, Datuk Ramly Zahari, Hamidah Osman, Datuk Saarani Mohamad, Mohd Zahir Abdul Khalid and Dr Mah Hang Soon filed an originating summons at the Ipoh High Court on March 2, seeking a declaratation that their suspension was null and void.

In the summons, they contended that Sivakumar had, by a letter dated Feb 11, 2009, complained that Dr Zambry was acting illegally by appointing an executive councillor contrary to the supreme law and that the contempt had embarrassed Datuk Seri Mohammad Nizar Jamaluddin, as the Perak Menteri Besar, and had prevented his (Mohammad Nizar) exco from performing their duties under the Perak Constitution.

The applicants further contended that by a letter dated Feb 18, Sivakumar, in exercising his powers as Speaker, found them guilty as charged and suspended them from attending the sessions of the state assembly for 18 months for Dr Zambry, and 12 months, for the others.

Paul, in his judgment, said: “The suspension against the applicants was done pursuant to Standing Order 72 of the legislative assembly. The summonses against them state that their acts constitute contempt. As contempt has not been specifically prescribed for, the acts cannot come within the ambit of Standing Order 72.

“Standing Order 72 authorises the Committee of Privileges to take cognizance of ‘any matter which appears to affect powers and privileges of the assembly’.

“In order for the ‘matter’ to have such an effect, it must be unlawful or be an infringement of the powers and privileges of the assembly. It is only then that it can be said that it appears to affect the powers and privileges of the Assembly,” reasoned Paul.

Dr Zambry and the six assemblymen were represented by lead counsel Firoz Hussein Ahmad Jamaluddin, while counsel Sulaiman Abdullah had appeared for Sivakumar. -- Bernama

tomorrow in PERAK


Bar Council secretary George Varughese has been summoned by Pakatan Rakyat to testify before the Perak legislative assembly, during the three-day sitting starting tomorrow.

Ousted Pakatan speaker V Sivakumar (left) issued the order to obtain evidence against his BN counterpart R Ganesan, a lawyer by training.

Varughese - or his representative - has been told to bring all documents relating to a claim by Ganesan that he had ceased to practice as a lawyer within three months of his 'election' to the speaker's office.

Section 36A(5) of the Perak constitution states: 'A member who is elected to be the speaker shall be disqualified from holding such office, if after three months of his election to such office or at any time thereafter, he continues in his legal profession.'

Sivakumar intends to prove to the assembly that Ganesan should be disqualified as speaker because he had not ceased his professional practice within the deadline.

Ganesan, who was 'elected' speaker during the chaotic May 7 sitting, should have resigned from his post by Aug 7 but only did so on Aug 17, claimed Sivakumar, citing a letter from the Bar Council.

The document, signed by Varughese, outlined the events between Aug 11 and Aug 17 this year:
On Aug 11, the Bar Council received an official request from Sivakumar's lawyer Chan Kok Keong of M/s Chan & Associates vide the Bar Council Search Form, seeking confirmation on the membership status of dato Ganesan a/l Retanam as at Aug 11.

On Aug 12, the Bar Council, after checking its records, confirmed that Ganesan was in active practice as at Aug 11 and was in possession of a valid Annual Practising Certificate.

On Aug 13, the Bar Council received a fax from Ganesan dated Aug 6 notifying the Bar Council that he had ceased practice “from the date of Aug 6, 2009".

On Aug 17, Ganesan sent his 'notice of cessation of practice as an advocate and solicitor' together with a statutory declaration affirmed on Aug 17, 2009.

On Aug 17, the Bar Council acknowledged receipt of Ganesan's letter dated Aug 6 and the notice of cessation and statutory declaration dated Aug 17.
Sivakumar has also invited members of the Malaysian Bar, Perak Bar, human rights watchdogs Suhakam and Hakam, Transparency International and other NGOs to attend the sitting tomorrow.

'Threat of assault'

At a press conference yesterday, Sivakumar said he has reason to believe that Pakatan assemblypersons who raise the issue of Ganesan's position as speaker, may be assaulted by BN supporters.

As such, he wants the state secretary to give him an advance list of names and Mykad numbers of those who will attend the sitting, so as to prevent the entry of unauthorised persons who might create a disturbance in the House.

If this request is not entertained, then it can be construed as “bad intentions” towards the 28 Pakatan representatives, Sivakumar said.

Ganesan had earlier said that the Perak BN anticipates trouble from Pakatan and that the state government will strengthen security to ensure smooth passage of the 2010 budget.

He also did not discount the possibility of police being present in the House "if things get out of hand".

Sivakumar further urged the police not to interfere in the business of the House - as on previous occasions - and requested that both the print and electronic media be given access to the sitting.

Referring to the prohibition of mobile phones and video cameras inside the House, he said this is an infringement of the basic democratic rights of Pakatan assemblypersons.

On May 7, graphic images of the chaotic sitting - including the forceful removal of Sivakumar from the speaker's chair - had caused public outrage.

'Perakians will awaken from their peaceful slumber and there will hell to pay for all that is taking place today. A true and great Perakian son will bring back justice to this proud state.'



'Passed': Perak budget by BN, 3 motions by Pakatan

Spokenthots: Another successful, BN project - capture Perak at all cost. The people are expendable and don't worry about the Perakians, they will get over it.

After all, Malaysians are very forgiving. Give them a project and they will forgive you. Superb training over the last 50 years. Don't worry about all the technicalities, BN can resolve them to stay in power.

Pakatan wake up, you don't rule anymore and your Perak assembly is no more sacred. The sanctity of that institution is no longer visible.

Neutral bodies are roped in to do the unthinkable. What to do but vote Pakatan at the next general election. Enough of this nonsense by BN.

Perakians will awaken from their peaceful slumber and there will hell to pay for all that is taking place today. A true and great Perakian son, Mohd Nizar Jamaluddin will bring back justice to this proud state.

Stand fast Nizar, for you stand at the threshold of history as a true son of Perak. Fighting for her abandoned people.

Chipmunk: Truly another new chapter by Malaysians for Malaysians (or is it for BN by BN)? Never in history did we have double dose of laughter, sadness, resentment as in this Perak state assembly episode.

BN seems to have been prepared with their 'gangsters' and cronies but one can never take away the hearts of the people, the rakyat.

I guess it's countdown for Perakians and BN. As long as their so-called elected reps don't bother to practice self-restraint and continue to be arrogant, BN will only lose the battle.

Chan Kong Art: The sultan allowed this to happen and now it is now not going according to plan so the only right thing to do now is to end it.

BN was given his 'blessings' to take over, and nothing has come of it. And after BN 'seized the chair' they have not managed the state assembly.
So morally, the sultan must end it. Call PM Najib Abdul Razak in, like the last time but this time do the correct thing. Let the rakyat decide.

Jefferson76: If you need 20 'guards' to protect you as you sit on the speaker's chair, then you don't belong there!

Lim Chong Leong: The whole Perak state has been taken over illegally and by 'gangsters' using brute force. We may have to learn from history and from countries like France or Russia to regain the people's rights. Rise, Perakians.

Gk: Seriously, the Perak sultan needs to do something concrete to end this fiasco. We cannot ignore how foreigners look upon Malaysia now. With this fiasco prolonged, not only Perak is affected but the whole of Malaysia too. Please do something, sir.

Chee Hoe Siew: I am following the development with much concern. While both parties fight, those who suffer are the people. I think it is time for both teams to sit down and talk, remove their party lines and think of the welfare of the people.

John Smith: Pakatan Rakyat, you are being unfairly treated by people who are not following the rules. I suggest you all resign today in protest.

You cannot get the Perak assembly dissolved; but at least by putting almost half the seats up for by-elections together, you dissolve half of it to seek a clear fresh mandate.

Job: Oh, my god! These PKR guys as my state reps? What have we done? I cannot understand the logic of their behavior today, behaving as if they are the legitimate government.

Is serving the people who voted for them not an issue anymore? My rep is nowhere to be seen. Isn't waiting for the next general election (no matter when it comes) not better for them if what they say is true?

They should win 57 seats at least. No! The grand plan is to upset every state assembly held till polling time so they can remind the people.

Funny, but the last time I checked, their popularity is waning. I, for one, don't like the position taken by them today at all. One vote lost.

Fly Emirates: I have given up on Malaysia. Najib Razak - you can fool some people sometimes, but you cannot fool them all the time.

Bet you Lee Kuan Yew is laughing his socks out how stupid Malaysia has become lately. Seems like foreign and local investors are agreeing with him too with the poor foreign investment figures.

National Sucks: The people of Perak have been deprived of their fundamental rights as a citizen. This state has been placed under politicians and their cronies who have no fear or love for God.

This will turn out to be the biggest joke of the year. Najib Razak preaches '1Malaysia' but the things that he does and condones simply tells you he is a hypocrite.

Louis: Why not settle the issue once and for all and call for a fresh election? I hope the sultan hears our plea.

We, as the rakyat, feel so ashamed of BN highhandedness and we do hope His Highness sees it the same way.

After the nonsensical assembly sitting in Perak on October 28, Barisan Nasional should really reflect on whether it is worthwhile to prolong its farcical rule.

To say the least, the session was a complete washout.

First, police control at the assembly was overpowering enough to destroy the image of our legislature as being independent and the highest institution in our system of government.

Second, the slipshod manner with which BN's budget motion was rushed through makes us wonder whether the budget was legally approved.

Let us start with the budget approval.

NONEBN's Menteri Besar Zambry Abdul Kadir started his budget speech at 11.20am and thirty minutes later, he had not only completed his speech, but had moved his budget motion through three readings. Each time, the reading was approved by the BN assemblymen present, under vocal protests from Pakatan assemblymen.

There was no debate and no one seemed to have heard any detailed figures - if figures were read out then, there was no mention of them in papers the next day. Pakatan assemblymen walked out of the assembly immediately after the approval of the third reading.

A budget proposal is a statement of revenues and expenditures as well as major policies that encompass the entire government that is made up of many departments. So, it is normally a lengthy speech, followed by debates that take place during each of the first, second and third readings. It is hence a real marvel how the assembly could have compressed such an elaborate process of proposal, deliberation and decision in the short interval of half an hour.

Through such 'shotgun' approval, the voices of the people who speak through their representatives are muted. Isn't this a mockery of our democratic process and betrayal of the trust of the people?

Can we then call the budget legally approved?

On top of that is the questionable legality of Ganesan's position as speaker. His election as speaker on May 7 was deemed fake, as the assembly session on that day was so chaotic and violent that it was not possible to conduct any business except the delivery of the opening speech by the regent.

r ganesan 130509Compounding this now is Ganesan's (left) breach of the Perak Constitution Article 36 A (5) which stipulates that a speaker must relinquish his private practice immediately or, in any case, not later than three months after his appointment, failing which he shall be disqualified. So, even if Ganesan's appointment on May 7 was legal, he was already disqualified on Aug 7.

With an illegal speaker presiding in the assembly, can any business be conducted legally, especially the all-important agenda of the state budget approval?

No doubt, BN may be least worried about matters of illegality, confident of its iron grip on the entire government machinery to serve its parochial interests. After all, isn't Zambry's appointment, made while incumbent Menteri Besar Nizar Jamaluddin was still serving, also illegal if the courts have been upholding the constitution? Isn't the entire state cabinet, which was selected by Zambry, also illegal?

But can BN afford the massive loss of popular support every time the police manhandle elected representatives from the opposing camp or judges dish out blatantly unconstitutional rulings?

Barbaric police intervention

Take the ridiculous scenario of the Perak assembly of October 28. The entire assembly compound was turned into a virtual war zone, with the entrance being protected by the kind of barbed wire seen only in wartime.

Hundreds of policemen and a riot squad were in and out the building, manning five check points stretching from the gate to the door of the assembly hall. Pakatan assemblymen complained of harassment every inch of the way. They were subjected to a humiliating body search and metal scan while their mobile phones, laptops, and cameras were confiscated before entering the hall.

NONEOn his way to the assembly hall, Pakatan speaker Sivakumar was lured to an area not visible to reporters and the public where he was pounced upon by scores of police personnel who forcibly disrobed him. In the melee, he was punched and strangulated with an arm lock, and his colleagues roughened up for trying to protect him.

Pray, where in the world can you see such barbaric acts?

The picture inside the assembly hall was not any prettier. Scores of police personnel were there to man the entire assembly, with twenty of them forming a protective wall in front of the BN speaker Ganesan. And video cameras were transmitting live the activities of Pakatan assemblymen to the state police headquarters and the national headquarters at Bukit Aman, according to a Malaysiakini report.

Now, isn't this the ultimate humiliation and insult to the highest and the most sanctimonious institution of a democracy, with the police contemptuously treating our Pakatan lawmakers like criminals?

BN must make up its mind once and for all. Does it still want to put up the pretence that Malaysia is a democracy? If it does, should it continue to bombard our senses with such disgusting scenes and bare to the world the ugly truth of what Malaysia truly is?