Monday, May 11, 2009

Perak crisis - more battles ahead

Nizar leaves the court after it ruled that he is the rightful Perak MB. More pictures from Star Online, click here.

It's going to be more complicated. The High Court has ruled that Pakatan Rakyat's Nizar Jamaluddin is the rightful Perak MB. It is a significant decision because it proves the independence of the judiciary. The judge did not take any political order. The BN's application for a stay of execution was also rejected. That means Nizar is MB until the Court of Appeal makes a decision.

Of course, there is still the Federal Court but as of now, there is nothing to stop him from chairing a meeting of the state exco. The complication however is this - he does not have the majority of the House. How that is to be proved is yet another issue since the court has ruled that the majority is to be determined by a vote of confidence in the State Assembly and not through other means. Nizar has said that he would seek an audience with the Sultan to get his consent for the dissolution of the state assembly.

Barisan's Zamry Abdul Kadir can be expected to argue that he has the numbers - a point that the Sultan cannot ignore. It would be this point that has made the crisis difficult to resolve in Perak. The Tuanku would also likely consider another factor - the legal avenues have yet to be exhausted.

Given Nizar's popularity, he has plenty of reasons to believe the Pakatan Rakyat would win big if the Sultan agrees to a fresh poll. The other debating point would be the legal position of last week's state assembly, now that the court has ruled he is the rightful MB.

I am not a lawyer and my questions are based on what lawyers and political analysts have said. I am sure there are other legal opinions and lawyers would have differing views on every issue. But it doesn't look like the end of the issue today. Time is running against the personalities involved in the crisis - Nizar needs to have an audience with the Sultan quickly and Zamry needs to file his appeal, get a hearing and a decision of the Court of Appeal. If the Court of Appeal agrees with the High Court decision, it would be a breather for him. If not, he would have lost another round.

At the end of the day, only a political decision can resolve the impasse. Either fresh elections are called or a truce is worked out between BN and PR, an indication of some sort, was voiced out by Najib Razak, Anwar Ibrahim and Lim Kit Siang. But with the new scenario, the PR may longer be interested in such possibilities. The immediate likelihood is that the issue would drag on for a while with the battles being fought in the courts.

See also the Malaysian Bar website.

33 comments:

Michael Gaw said...

Dear Wong,

You are right. There is a need for a political solution.

This is the inevitable conclusion.

LET THE PEOPLE DECIDE!!!

rm said...

Enacting the anti-hopping law takes precedence first before any call for re-election.

Otherwise, the election process is just a waste of time and resources when these elected monkeys keep on persisting swinging from tree to tree.

Anonymous said...

Hi WCW,

If Nizar is the rightful MB, then Friday's removal of the Speaker is automatically invalid as it was done by the 'illegal' MB, so the speaker is still in PR hands, who can reject motion of no confidence until Nizar met the Ruler...

Barackah said...

Congrats Nizar. You won.
So the court is not a 'baruah' of the BN as alleged.
I am glad you won because I fear your people will not accept otherwise.
Do not get over-excited.
Like our Datuk said the Sultan will wait for all legal avenues to be exhausted before making a decison on whether the Assembly will be dissolved.
It will take a long time before this can happen.
Shafiee Abdullah in an interview tonight said the new speaker is the legal speaker.
So he said Zambri can call for a sitting to bring a motion of vote of no-confidence on Nizar.
Since Nizar does not have the numbers, Zambri will win.

Anonymous said...

You really put some brains into penning this situation...why confuse everybody by complicating the real situation -that its best to go back to the people now and Zambry and gang should STOP monkeying with another new trick to hang on.Why you dont side with the perak people ah who suffer like mad with this circus.

Samuel Goh Kim Eng said...

LET RIGHT COURSE & CAUSE PREVAIL

Let justice take its natural course
For all those taking up the right cause
Let there not be any further excuse because
All are tired of antics and tactics coarse

(C) Samuel Goh Kim Eng - 110509
http://MotivationInMotion.blogspot.com
Mon. 11th May 2009.

Anonymous said...

Actually it is now LESS COMPLICATED. The High Court ruling effectively says that Nizar is the REAL MB. Anb Zambry was an illegal pretender MB, and so anything he did as the illegal MB was illegal and invalid. So it is back to status quo like what things were before the illegal power grab. Only BN refuse to see the simplicity that has arisen out of today's High Court ruling. In any case, UMNO/BN has lost the war on winning the hearts and minds of the rakyat. If once I had only given Pakatan Rakyat one term to prove themselves, now, no matter how they perform, I would never never ever go back to voting for BN. Enough is enough.

Bangsa Cina Malaysia said...

InsyaAllah melayu cina dan india akan 100%
menyokong Pakatan Rakyat sekiranya DUN
di bubarkan.

Ameen.

Anonymous said...

I once had my doubt whether I would ever vote for PAS. WHat transpired in Perak has given me the confidence that I would vote for PAS. I will never never ever give my vote to UMNO again. What they did in Perak is shocking. They do not yet know that the world has changed. What they do cannot be censored out of the news anymore in today's cyber age. They can manipulate the news in the main media controlled by BN, but we no longer are confined to these sources. Now we get access to sites all over the world. If we ever need to thank Mahathir for anything, it was his big push to promote IT and internet usage in Malaysia!

Odette said...

Will watch and wait and see what happens from both sides.

Would like to know that ultimately , the rakyat will get to choose.

Anonymous said...

pls wcw wish you be more honest.

the way you write seems to imply that if the courts rule in favour of BN, PR will compromise. Now, no way jose.

pls, the judge's decision is based on precedent. yes, the only way to sack nizar is thru a vote in the assembly.let it be that way if the sultan does not want a dissolution and lets respect his highness decision. An assembly has to be convened for the vote if there is no dissolution. remember, the Speaker rules the assembly, WCW. And dont try to insinuate otherwise, WCW.

2 legger oest controller said...

I beg to differ Datuk Seri Wong on your points of view. Since the high court has declared Dauk Seri Nizar as the rightful MB of Perak, the despicable May 07 state assembly is null and void as Zambry was and has never been the MB of Perak. Constitutionally, come May 13 which is 6 months since the last sitting, the state assembly is automatically dissolved, and immaterial whether the sultan consent to it or not. Zambry should know the law better than a layman like me.

Chan Lee Meng said...

PR can go for broke now with the landmark court decision, and with citizens' support from all over the country.

Just push for new elections; no need to negotiate with a party which has proven to be less than honourable.

This is a great opportunity for PR to gain an even bigger majority than in GE 2008.

sinleong said...

Wong,
Pls stop spinning. BN does not have the numbers since the independents have resigned and zambry and his 6 "excos" are suspended as far as the legal speaker is concerned. The May 7th sitting is not legal, so is the election of the BN speaker.

As you have been trying to avoid, the very crux of the argument.. even if say you have correctly spinned it that BN does indeed have the numbers, do they enjoy the majority support of the RAKYAT? Only one way to find out... dissolve the assembly

Anonymous said...

No such thing as truce and stop spinning it becomes more complicated. The decision is clear and let the people of Perak decide.
Apa yang you suka putar belit wong!!!

nur mohd nidzam said...

YES WONG,
Just let the rakyat decide.Why is it so difficult. In case BN loses at least they get some credibility back.

DAC said...

Let the people decide. It's their votes that count. Nothing else will satisfy the people of Perak.

But as what you have said in your posting yesterday, the anti hopping law must be first adopted or else, Perakians in general will be the ultimate losers due to this uncertainty.

I believe this is a highly popular decision and it's significance far reached.

Jeffrey Chew said...

Let the people decide. Don't hold on to power.

jlshyang said...

There are no two ways about it Datuk Wong, only a fresh election will do.

Uncle-9 said...

Wong,

You are absolutely right!
If BN really want Perak crisis to be resolved & over, accept the challenge from PR. Take the by-election as a platform to review Perakian needs.

As a Perakian, we don't want to be a victim of Political war anymore. We want the "Rightful" MB with the Legal state Govt to rule PERAK!

ChengHo said...

the FED never interfere in Court decision.... let's go back to ballot..

amoker said...

well, am not sure about the statement about the judiaciary. it is just one incident, and maybe a blip. it can be prbably a stage.

anak malaysia said...

I personally think the powers that be should go back to the people for a decision. The Palace had done their bit, the opposition who is a short while in Government had shown their trade and by the defections BN had a taste of power. The voters of Perak should be given a second chance to determine their future. Its a lot of wastage and that we cannot afford it especially during these uncertain economic situation. Nevertheless a final decision have to be made and if we believe in the democratic process, let the people decide.

Steven said...

There is 2 ways to solve the problem. Firstly a dissolution of the state assembly or secondly the 3 defectors must be booted out and 3 by-election to be called.

Anonymous said...

Each time BN has to vacate an MB office, the files all go missing. This is not to say that the same thing may not happen when PR has to vacate an MB office in future. There should a law against such thing happening, and anybody who remove files from an MB office after losing an election, or in this case a court ruling, should be prosecuted and jailed for theft.

Sad Perakian said...

The High Court ruling is most welcomed. Let's hope it ends there and HRH Sultan of Perak is now given the opportunity to decide the next course of action. Of course most of us would hope that HRH allows the disolution of the state assembly this time to pave way for a fresh election.

However, with Zambry's attempt now for an emergency hearing at the Court Of Appeal, things may change yet again.

Looks like BN is not willing to allow democracy to prevail. I really hope this joy is not shortlived.

Anonymous said...

The decision of the Court provide the exact excuse needed, for BN and friends to tidy up the mess, without losing face.
Whatever decision BN made now, even it is in favour of the PR, BN can be safe to say that they abide by the law.

Barackah said...

Does Nizar have the power to suspend State Secretary or State Legal Adviser.
They are federal officers.
Whatever they do is under the general orders which as government officials they must adhere to.
This is an example of abuse of the little power Pakatan has.
Hope Perak people can see this abuse.

Anonymous said...

Just when we think that the courts are becoming independent, suddenly we get a shock that Zambry's appeal gets heard at lightning speed.

Anonymous said...

The shockingly high speed ability of Zambry to get an appeal heard underscore the need for fresh elections in Perak to end the whole fiasco. The people in Perak have suffered enough. BN should not be afraid to face the people in a snap election. Who is to say that PR will definitely win, especially when BN have so much resources at its disposal? If BN believe that it has the support of the people, it should be brave enough to face an election. Win or lose, at least BN can maintain its integrity and dignity.

Anonymous said...

Najib should respect the High Court decision, and take the opportunity to clean up the mess in Perak. Whoever win or lose in Perak, at least normalcy at return to Perak. Zambry's appeal, heard in record time, has again threaten to prolong the mess. Zambry should have just taken up the challenge in a fresh election. If he can win the election, at least he can claim legitimately and politically that he truly represent the Perak people, and wear the MB title with pride and dignity. Respect must be earned, and not conferred.

Anonymous said...

u should know that MAJORITY WIN....

what the hell all of fuckatan think haaa...

Anonymous said...

Wow! When Zambry files an appeal, the Court of Appeal falls over itself and grants him an urgent hearing within 5 hours

But when Nizar files an appeal, the court cannot even set a date to hear his application and wait 5 DAYS instead

What consistency! What noble justice! Malaysia boleh. Our half-past six judiciary, lagi boleh

Dear Wong,
Only Fresh Election will bring this fiasco to and end once and for all.

A true 22yrs old Perakian Boy and God-fearing follower.