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Tuesday, May 12, 2009

12 MAY : STAY OF EXECUTION GRANTED : PERAK CRISIS

Perak crisis: Stay of execution granted

Tuesday, 12 May 2009 02:22pm
The Star (Used by permission)
1:15pm The Court of Appeal grants Datuk Seri Dr Zambry Abd Kadir his application for a stay of execution on the KL High Court ruling yesterday that declared Datuk Seri Mohammad Nizar Jamaluddin the righful mentri besar of Perak. Essentially, it might mean Dr Zambry is mentri besar until his appeal is heard.
12:30pm Datuk Seri Dr Zambry Abd Kadir, whose three-month tenure as mentri besar was ruled illegitimate by the KL High Court on Monday, has likened himself to Nelson Mandela and Mahatma Gandhi in a blog entry.
12:15pm At the press conference at the Ipoh state secretariat building, senior exco member Datuk Ngeh Koo Ham also says that Dr Zambry and the six state exco members he appointed should return the salaries they have drawn over the past three months.
12:05pm At the press conference at the Ipoh state secretariat building, senior exco member Datuk Ngeh Koo Ham declared the tumultous May 7 Assembly sitting as invalid, and the March 3 “under the tree” sitting as valid.
He said the Assembly automatically dissolves on Sept 3 if there are no more sittings.
The May 7 sitting saw Speaker V. Sivakumar manhandled out of the Dewan and Barisan's Datuk R. Ganesan declared the "new" Speaker.
The Pakatan state government also said it would implement 10 policies and matters immediately, saying that state development was behind by three months.
11:20am Pakatan press conference at the state secretariat building in Ipoh delayed because the press was initially barred from entering the building. Press conference is now set to begin.
11:00am Umno veteran Tengku Razaleigh Hamzah urges the Sultan of Perak to dissolve the Assembly. See here.
9:25am Most of the FRU trucks and police vehicles leave the state secretariat building, leaving a handful behind. Pakatan reps say a press conference will be held at 11am.
9:20am Datuk Seri Dr Zambry Abd Kadir files appeal against Kuala Lumpur High Court ruling yesterday that Datuk Seri Mohammad Nizar Jamaluddin is the valid Perak Mentri Besar. The appeal was filed at the KL High Court registry.
He also filed a stay application on Monday’s ruling at the Court of Appeal. His lawyers are asking that the appeal be heard today itself.
The hearing for the stay application will be heard at about 11:30am at the Palace of Justice in Putrajaya.
8:45am Nizar’s aide Amran Harun leaves the palace after showing members of the media a copy of the letter to the palace, with the royal seal stamped on it.
8:20am Nizar’s aide Amran Harun, delivers letter informing palace of Nizar’s wish for an audience with the Raja Muda to seek his royal consent to dissolve the Assembly.
8:15am Suspension letters served to State Secretary Datuk Dr Abdul Rahman Hashim and State Legal Adviser Datuk Ahmad Kamal Md Shahid.
7:45am Nizar seen leaving the building in his official car for Istana Iskandariah, Kuala Kangsar, for a royal investiture ceremony by the Raja Muda of Perak, Raja Nazrin Shah. He was accompanied by his wife.
7:40am Pakatan exco members find most of the offices locked. The KL High Court had instructed Datuk Seri Dr Zambry Abd Kadir and his exco members to vacate the offices on Monday.
7:25am Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin and his entourage head for the state secretariat building, where there is heavy police and FRU presence. They are temporarily denied entry. Nizar starts reciting prayers.
7:15am Pakatan Rakyat state executive councillors start gathering at the so-called “democracy tree” where the March 3 “under the tree” Assembly sitting took, to await reinstated Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin.
IPOH: Reinstated Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin left from the state secretariat building here at 7:45am Tuesday for Istana Iskandariah in Kuala Kangsar for a royal investiture ceremony.
He is expected to seek royal consent from the Raja Muda of Perak, Raja Nazrin Shah, to dissolve the State Legislative Assembly to pave the way for fresh state elections.
His aide Amran Harun, delivered a formal letter informing the palace of Nizar’s wish for an audience with the Sultan of Perak, Sultan Azlan Shah, to seek his royal consent to dissolve the Assembly. The letter was delivered at 8:20am.
Pakatan Rakyat state executive councillors had started gathering at the so-called “democracy tree” where the March 3 “under the tree” Assembly sitting took place as early as 7:30am.
Nizar arrived at the state secretariat building, where the Mentri Besar’s office is located, at about 7:25am.
He was accompanied by his eight state executive councillors, led by senior exco member Datuk Ngeh Koo Ham and state assembly speaker V. Sivakumar, who had arrived at 7:10am. Also accompanying them was Ipoh Barat Member of Parliament M. Kulasegaran.
The building was heavily guarded by Federal Reserve Unit (FRU) personnel, with some in riot gear.
Nizar and his entourage were momentarily stopped outside the gate when they tried to enter the compound. As the police tried to inform Nizar that only his exco members, the Speaker and him would be allowed entry, Nizar started reciting prayers.
They were then allowed in, but members of the media were prevented by the police and security personnel from advancing beyond the gate.
According to some witnesses, the police had told Nizar that they were acting under the instructions of State Secretary Datuk Dr Abdul Rahman Hashim.
Nizar, who was declared the rightful mentri besar by the Kuala Lumpur High Court on Monday, had actually suspended Abdul Rahman, although the letter of suspension had not been served yet.
Suspension letters were served to both Abdul Rahman and State Legal Adviser Datuk Ahmad Kamal Md Shahid at about 8:15am.
On Monday, High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim had granted a declaratory relief to Nizar that he is still and was mentri besar at all material times.
The court, which issued a declaratory relief that Datuk Seri Dr Zambry Abd Kadir had no right to occupy the office of Perak Mentri Besar, also ordered him to show cause and give information under what policy, power or authority he allegedly held office and exercised the responsibilities, functions and duties as mentri besar.

1 comment:

  1. WHAT IS AT STAKE IN THE PERAK CRISIS

    The Perak crisis is a tragic comedy of errors and bad political judgment that reflects a failure of political leadership. As it continues to spin out of control, it damages our democratic system of governance. To all intents and purposes, one of our most prosperous and developed states has been reduced to a failed state, with a possibly illegal state government in place. This is a condition that can propagate outwards to the rest of the country.

    I stated at the beginning of this crisis that by our Constitution, a change of government can only be brought about by democratic means, which is to say, through the ballot box or through a formal vote of confidence in the elected Legislative Assembly. These are the constitutionally mandated means by which the people decide on their government. Any other means of changing the government is unconstitutional and undemocratic, and subverts the basis upon which we are a civilised society.

    We now have reason to fear the loss of the people’s confidence in the Constitution, in democracy and in our constitutional monarchy. Responsible political leadership must support rather than destroy the confidence of the people in these practices and institutions. In particular, powers reserved for the Legislative Assembly, which represents the sovereign will of the people, cannot be taken away under any circumstances by anyone. This foundational constitutional principle has been affirmed by the Court. We are all sworn to uphold it. Those who do not understand or accept this principle have no place in government.

    Some issues can be solved by a court of law, but the Perak crisis is not one of them. The back and forth events of the past week demonstrate this fact abundantly. The Perak crisis cannot be solved by a decision of the Court because it is at heart a political rather than a constitutional problem. There is really no doubt about what the Constitution says. What is now unclear as a result of an ugly series of manoeuvres is whether Perak has a legitimate government, and there is only one way to resolve that issue. Perhaps our political leadership has not understood how important it is that the people’s voice must prevail, and be seen to prevail, in the choice of their government.

    The only solution to the Perak crisis now is for the State Legislative Assembly to be dissolved and free and fair elections held. At this stage there is no other way to restore both public confidence and constitutional legality to the Perak state government, and by extension to our entire system of government. Our survival as a democratic and constitutional monarchy depends on our acceptance of the judgment of the people as expressed in free and fair elections. Any attempt to circumvent that judgment betrays the basic principles and values upon which our nation and incidentally, UMNO itself, stand. I appeal for wisdom and a broader concern for the wellbeing of our country.

    Tengku Razaleigh Hamzah
    Member of Parliament, Gua Musang

    May 12, 2009

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