Tuesday, February 09, 2010

Zambry is the lawful MB

The country's highest court confirmed the Courts of Appeal's decision: the appointment of Zambry Abd Kadir as MB of Perak is lawful. I didn't lose a night's sleep over this. Pakatan Rakyat's government in the state where I cast my vote in March 2008 was in a disarray after its MPs 3 crossed over. The Sultan of Perak knew what he was doing (he was Lord President, he should know).

I hope Nizar and supporters will respect the Federal Court's decision and allow Zambry to administer the State of Perak to the best of his ability. Both should focus on serving the people.

p.s. Jangan lupa, YAB Zambry, the Fed Court decision confirms that the Sultan has the power to sack you! Read It's not in the Constitution, But Sultan Can Dismiss MB. And all it takes is for a few MPs to cross over to the dark side.


General February 09, 2010 12:00 PM
Federal Court Declares Dr Zambry Rightful Menteri Besar


PUTRAJAYA, Feb 9 (Bernama) -- Datuk Seri Dr Zambry Abdul Kadir retains the Perak menteri besar's post after the Federal Court here today declared his appointment by Sultan Azlan Shah as constitutional.

A five-man bench led by Court of Appeal president Tan Sri Alauddin Mohd Sheriff unanimously ruled that the ruler had exercised his royal power to appoint Dr Zambry to succeed his opponent from Pakatan Rakyat, Datuk Seri Mohammad Nizar Jamaluddin, after he was satisfied that the latter had lost the majority vote of the state legislative assembly.

Alauddin sat with Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court judges Datuk Zulkefli Ahmad Makinuddin, Datuk Wira Ghazali Mohd Yusof and Datuk Abdull Hamid Embong.

Justice Arifin read out the judgment.

The conflict over who is the rightful menteri besar arose last year after three Pakatan Rakyat assemblymen quit their parties to become independents and the fourth jumped back from PKR to Umno, thus leaving the two sides with 28 assemblymen each in the 59-seat assembly.

They were Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Mohd Jailu (Changkat Jering) who resigned from PKR on Jan 30 and declared themselves as Barisan Nasional-friendly independents. DAP assemblyman Hee Yit Foong (Jelapang) followed in their footsteps four days later.

Mohammad Nizar, 52, who is Pasir Panjang state asemblyman, was appointed menteri besar after the DAP-PKR-PAS alliance won 31 seats in the 12th general election on March 8, 2008.

Sultan Azlan Shah then asked Mohammad Nizar to step down as menteri besar and swore in Dr Zambry in February last year after declaring that the Barisan Nasional had the majority in the state legislative assembly.

Mohammad Nizar did not tender his resignation as menteri besar to the ruler.

He initiated legal proceedings on Feb 13 last year seeking a declaration that he is at all material times the rightful menteri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the menteri besar.

On May 11 last year, High Court judge Datuk Abdul Aziz Abdul Rahim reinstated Mohammad Nizar as the legitimate menteri besar after he ruled that Barisan Nasional did not take a vote of no-confidence against him in the state legislative assembly despite having the majority.

However, it was back to status quo, when the Court of Appeal allowed Dr Zambry's appeal and declared that his appointment as Perak menteri besar was constitutional.

-- BERNAMA


93 comments:

Anonymous said...

Bro,

Lets not be naive. Nizar and the Pakatan will only respect the Court when the decision is in their favour.

When the judge did not rule contempt over Utusan, Anwar and Karpal have applied to sack the judge.

To these monkeys, the Court is only an instrumnet of justice when it rules in their favour.

If they come to power, they will do away with the Courts altogether.

Hj Hoe

Rocky's Bru said...

Thank you Tuan Haji,

Kita kena berharap jua.

Anonymous said...

The government had won; We, the Rakyat had lost. It is indeed a black day for us, the Rakyat.

Please remember: "Respect is earned, not given" and "You had won the battle but lost the war"

Srikanth Siva said...

and the ruling of the word "Allah" was by the courts too....

Anonymous said...

YB Nizar

Lu pikir lah sendiri sebab apa lu kalah kat Federal Court.

Fencesitter

Anonymous said...

Hj Hoe,

Malaysia court masih boleh caya lagi ke ?? kerek...korek...korek...





Hj Joe

Anonymous said...

Here is the over-arching question:

If the 3 MPs had joined Barisan officially, then I would agree that BN has the state. But they did not.

So what happens IF the 3 stooges then go to the FORMER Lord President and said, "Tuanku, kami nak join PKR balik la."

So the power swings to PKR.

Then the next week, after a bag of money is swapped again, they kneel and say, "Tuanku, kami keluar PKR Tuanku".

So the power swings back to BN.

Is that how it works? I really want to know. Otherwise, it is best to call a snap poll no?

zackdanial said...

Well it victory for BN . All dogs will be happy now .

Anonymous said...

Here is the cliche asslickers statement from Pakatan when judges are not in their favour..."The judges is from UMNO"...."The judges has been bribed ".....If the judges in their favour I think you know what will they say.

Ghost

antuderhaka said...

Nizar dan geng patut dihukum buang negeri kerana telah menderhaka kepada Tuanku Sultan Perak !

Anonymous said...

Dengan keputusan tersebut BOLEH KAH ekonomy negara rancak,,,seperti 15 years ago????

What happened to KLSE,,,Dulu a week before Chinese New Year people makes tons of Money,,,TODAY,,????? This morning sesion, the most active counter naik 6sen sahaja,,!!!!!

Wa Lan,,,,!!!!!! CAN SEE oooooh,,,INDEX playing below 800 anytime!!!!!!


-kong kek kuat-

askar melayu said...

Federal Court bias? Perhaps Anwar can go back to gaol.

Yes Hj Hoe, only when its in their favour!

drMpower said...

that sin chew's headline does not bring justice to the real situation

any decision by the Sultan is made through His Highness analysis on what had happened. in this case, the Sultan had been acknowledged by Nizar's insufficient numbers in the Hall.

the way Sin Chew's associating it with the constitution also a bit concern over whether the paper is trying to paint the whole situation grey

what i mean by grey is that sin chew seems trying to picture that although it is not in the Rule or something, the Sultan can do whatever he wants.

this is wrong

the headline miss the fact that Sultan Azlan Shah called all 31 lawmakers before Himself, and he was totally convinced about the support for BN

in these days of public severity of understanding the Rulers, i hope sin chew can avoid making such headline(s) again

apart from doing its part of social service (not further inciting hatred to Rulers), sin chew also responsible to report nothing but the truth

insaf said...

hj hoe

kalau kamu benar2 haji,bawa mengucap dan bertaubat segera.

ingat kita bukan boleh hidup selama lamanya,nanti kita akan di hisab jua.

wak segen said...

They have said the Sultan of Perak is wrong in intepreting the State Constitution.

They will now say the Federal Court Judges or in fact the whole judiciary is wrong in making their judgements.

..ini semua jenis gendeng bin goblok..hehe

donplaypuks® said...

Curious is it not that Zambry did not attend Court this morning, but was away at a MB and CM meeting with Najib!! What a coincidence!

And that warning from Rais a few days ago that all should accept the Fed's verdict.

Did they all know the result beforehand?

dpp
We are all of 1 race, the Human Race

atanjamilselamat said...

Dan DSAI dilaporkan mengatakan antara lain bahawa ... keputusan mahkamah yang menyebelahi Zambry memang sudah dijangkakan ... Adakah DSAI mengetahui sesuatu yang kita tidak tahu atau adakah DSAI cuba memperlekehkan mahkamah ... Terimalah hakikatnya wahai DSAI bahawa anda TIDAK AKAN JADI PM!

Chicken Feet aka KaKiaYam said...

Yes Yes!

Congrats to the real MB.

Finally the righteous side wins!!

Now let's see how they convene a dewan sitting without a speaker...

But i really hope everyone will come together and have a re-election again. This will be fair to all...

The new MB, being in the righteous side, should have nothing to worry. The righteous will always win. Let bubar the DUN and kick out all the Pakatan MP once and for all.

They are such a nuisance, Perak people just could not tolerate them anymore...

KaKiaYam

Anonymous said...

HIDUP NIC DAPAT BALIK MB PERAK KAHKAHKAHKAH.

SAM

chi8 said...

"Everyone has a place in the system" our beloved AG said. He is damn right. Note: He did not say that everyone has the right to the system as enshrined in the constitution.

Question: Is People being disenfrenchised?

You tell me.

glassman said...

Salam Dato' Bro,
Lepas ni, kita cuma boleh tengok sahaja apa isu dia orang nak timbulkan pulak, dah laa kena reject merata tempat.
PS correction:- in disarray, how can in a disarray

Lee said...

The unlawful has become "lawful" through our not independent judiciary! The Raayat will decide on the lawful government in the not too distant future.The Agong,however, can sack the PM of the lawful government if in "his opinion" he thinks that the government has lost the support of the people because a few frogs jump.He does not have to refer to the Parliament.That is the implication of the judgement! Are we having a Constitutional Monarchy or are we reverting back to the Monarchy?I wonder!

Anonymous said...

Datuk Rock,

Untuk pengetahuan umum, Tabung Haji melantik Ketua Pegawai Pelaburan (CIO) yang baru pada 1hb Januari 2010 lalu, iaitu Tuan Hj Halim b Alias, yang menggantikan Tuan Hj Md Noor yang telah bersara pada Dec 2009.

Pada hari Isnin (semalam), 8 Februari 2010, Tuan Hj Halim telah meletakkan jawatan dengan memberi 24-jm notis. Oleh kerana perletakan jawatan Tuan Hj Halim dilakukan secara mendadak, suara2 sumbang sudah mula kedengaran tentang pihak pengurusan Tabung Haji, terutamanya terhadap Ketua Eksekutif, Dato Ismee.

Diharap Datuk Rock dapat membuat penyiasatan tentang perkara ini semoga cita2 murni pendeposit2 Tabung Haji untuk mengerjakan ibadah haji tidak terjejas sama sekali.

Sekian, terima kasih.

Batu Gajah mali said...

Congrats fellow Perakians.
We are finally rid of Bozo the clown Nizar.
We do not want our rich state to become poor lil state like Penang under chauvinist LGE and Selangor under ditherer, undecisive Khalid.
As a mark of thanksgiving, I am giving free economy rice with pig trotters' curry for lunch tomorrow.
Welcome to my stall. Sok Fan, No 5415, left turning before Kellie's Castle.
Blother Zambly, employla that Nizar to repair the Kuala Dipang bridge where the kids drowned.
Make sure he does his job well. No more drowning.
Kasianla dia. He needs the money.

Anonymous said...

aiieyaa!!!. can notlah like that one!!!.

that day one news said we won mah!! our mb said very sure one !

can not lah like this one.

nga ngor nga nga

Anonymous said...

"I hope Nizar and supporters will respect the Federal Court's decision and allow Zambry to administer the State of Perak to the best of his ability."

Well said Dato'.

But you dare not say the following:

"I hope UMNO/BN and supporters will respect the voters' decision and allow Khalid and LGE to administer the States of Selangor and Penang to the best of their abilities"

Of course you cannot.

Because you are the head 'livewire' in the plot with pro-BN bloggers to try all means to enable UMNO's takeover of these two states - the same back door way you all did it in Perak.

Right?

PARAMESWARA

Anonymous said...

Wajah rupa masing2, Kit Siang dan Nizar terutamanya, macam peqam tempoyak tak jadi....

Masaaaam dan pahit rasanya..

Alamak..

kasi elek, wang puk liau, poket koyak expressions.. hehehe

PERWIRA

Anonymous said...

Haji Hoe from Hoe Pharmaceuticals is the wisest tuan haji there is.

Totally agree with him.

Thanks

sick&tired said...

rocky, no need to act stupid, you know how 'fair' our courts are, its an open secret. BTW what happen to lingam case? nuff said.

Anonymous said...

Fuck you bru. I think its better that you go for good cold special brew/bru then writing nonsense here. Can't understand why God create a creature like you. Maybe He wants you to accompany the cursed satan in hell. God knows.

zainal abidin awang kechik said...

Penat TOK mengesahkan POLITIK PERAK..
PAS ni macam macam helah Nafsu Politik mereka buas..
kalau UMNO bagi mereka Kafir..Kerana Mereka Dah Swastakan Syurga..Kerana Mereka TIPU Semua orang dan Rakyat..kawin dengan S46 ..cerai..kawin dengan anwar pun sudah tak tidur bersama lama dah.DAP pun mereka hayun..ISLAM dan ALLAH bagi mereka bahan mainan politik..KITA TANYA MAT SABU APA DIA KATA tentang ANWAR pada 1993-94-95-96-97-98..MAT SABU..tahu. tek ucapan dan ceramah nya..

saya berharap "TIADA PENGABAIAN TANGGUNGJAWAB BILA YAB ZAMBRY DI BERI AMANAH"


salam

Anonymous said...

Hurraayy

One more victory for BN and UMNO. More victories to come ...

Eat your heart out pakatan supporters

Dinesh said...

dear rocky,

what do you mean by the dark side?

drMpower said...

the fact is that PR lost the majority. and going by whatever law deemed necessary, the Sultan was convinced that all 31 either of BN or support BN.

thats all

these f-ing u datuk rocky, lingam, whatever are the example of maturity of our so called matured audience.

maybe many can think very well, apart from this bunch of pigheads.

Khalid and LGE messing up big time. khalid wanted to be chairman of an NGO which never appoint an MB before. even BN MB wanted to head that organization but was REJECTED. now he wanted to play rough. because that NGO rejected him.

LGE also not taking care of his men quite well. i am still thinking about that penang bridge 100% no toll like what been mentioned in DAP's 2008 GE promises. and also he messed up about SEDAQ, buah Pala, etc etc because hes not a penangite. only people from penang can solve penang people.

because each place got its own thing. but LGE very smart kid. he cant get anything at Melaka, come penang and be MB.

u silly DAP still there in Johor? dream on.

Anonymous said...

"And all it takes is for a few MPs to cross over to the dark side." ...

geng mane yang hitam sekarang???

-wan, rakyat marhaen-

arcadia said...

" Anonymous said...
Fuck you bru. I think its better that you go for good cold special brew/bru then writing nonsense here. Can't understand why God create a creature like you. Maybe He wants you to accompany the cursed satan in hell. God knows.
7:08 PM"

Quite colourful huh? makes me wonder what kind of parent and friends you got ... actually the whole verse could apply to u 2. btw of those millions sperm ur dad have, why must it be u?

Anonymous said...

woh lau! now a nasi kandar black monkee also can become a mb?

he got brain meh? thought they can only become beggars.

Anonymous said...

In life rocky it is said never sell your soul to the devil as any religion will tell you or r u that BODOH.

Anonymous said...

kah! kah! kah! and now billions of ringgit in investment are pouring into the silver state kah! kah! kah!

from where? usa? china? india? nah!

kah! kah! kah! zimbabwee! mongolia! kah! kah! kah!

Anonymous said...

*YAWN*

Who Cares?

Rip Van Winkle

Anonymous said...

Bru

Like u i wasnt losing any sleep on this one as it was a pretty open and shut case from the word go. Only idiotic morons and cocksuckling satans will create a ruckus which shows how much they know about the Constitution and parlimentary democracy.

I have argued the basis for the decision in your blog here:
http://rockybru.com.my/2009/02/ketuanan-pakatan-rakyat.html

and in other blog posts you put up petaining to the issue last February. I dare say that some of my observations would have formed the basis for today's decision though I am not gloating over the fact.I await the written grounds for vindication.

The truth is the Pristas are a fucked up lot who got conned in the biggest irony of it all. For weren't they the ones seeking the backside route on Sept 16 so much so that Tommy Thomas and Malik Sarwar had articles penned on the infernal mechanism as to how. Precisely, the very same mechanism that has ensnared the bastards. Kaboom, it now blows up in their faces. Enjoy it Pristas for that is sure a mighty farty gift for you wankedup lot courtesy of arsewhore himself.

As for the Chingkie halfbreed mongrel Ngee char,he was talking trash about winning just days ago as was the fucktart Zaid who was subtly pressuring the judiciary with his comments. So now accept the comeuppance PRistas and get the fuck outta Malaysian politics for your nothing more than a cocksuckling, pigshit munching cuntslurping bunch of arsewhoring bigots who deserved stoning to death for the loutish behaviour you displayed against the esteemed Perak royalty last February. I for one aint gonna forget that and when the moment comes accept the sharpened spear I am gonna shove up ur arses that will reappear through your shitstained mouths. Heard of sula?

Warrior 231

Anonymous said...

Just take a simple test-ask a few men in the street in Ipoh who they prefer as MB.Would umno dare to ask this?

hitman said...

I wonder why these people are so quick to say that BN+3 is not a valid majority because if I remember correctly, the majority that won the Perak State Assembly was originally UMNO. However, when DAP, PKR and PAS decided to "cohabitate"(...OF COURSE LA... not registered kan...), UMNO made way for them to govern. Now that they have lost 3 ADUNs and these ADUNs change their allegiance to BN, it is only fair that BN re-govern Perak.

Come to think of it, who used to say "we got the numbers".

And now it so happends that BN got the numbers... so which part of the phrase these PR goons and unlearned followers (as above) don't understand?

Anonymous said...

The sultan of Perak used to be the lord president. He knows the law. When 3 elected reps betray the rakyat whom voted them in, the sultan knew that election is farce. So he had to do what the state law allows him to do. He was correct in allowing the BN rule, even though they had only the support of 3 votes, not the thousands whom voted against BN in these 3 constituencies. Guys! don't call pakatan is black or grey. The sultan knew what is white and black in the laws of the land. (Just 11 months before that the 3 reps telling the sultan they support Pakatan is another story) Now we have to wait and see what the rakyat will do when the power to decide shifts back to their hands.

Anonymous said...

Why call the dark side. Grey side and so on. The sultan knew what was black and white when he decided with only 3 votes. He knew the rakyat whom voted for Pakatan in that 3 seats are of no value when the reps jump ship. He used to the lord president. (just 11 months before that the supported pakatan was another story) He knew it is not necessary to call for no confidence vote. He is knows the power to decide will shift back to rakyat only for single day on every election day.

white man

Anonymous said...

Salam Datuk,

An interesting piece about MV Augusta by Tun Mahathir today! It'll be good if you could post something about it in your blog.

Hantu Gigi Jarang

Anonymous said...

Rocky,

Are you proud of that decision?

Old Fart said...

Well, The Monarchy rules!! That is what this is. Somehow I don't think Mahathir will be too happy about this. All of a sudden the Monarchy's powers that he whittled away, has now not only been reinstated, but looks like, rather than advise, Mentri Besars, from now on should do a rethink about what and how they deal with their respective Sultans!!

Anonymous said...

Bukan main marah puak2 kalah tuu..! Ingat masa budak2 dulu kita nyanyi..:

'Humpty Dumpty sat on a wall... Humpty Dumpty had a great fall..'

The Clown was rejected by 3 of his state assemblymen.., and lost the majority support in the State Legislative. Nak jadi MB apa lagi ?

Balik laa..!

Ngoh-Ngek

Shiok Guy said...

Dear Rocky Bru,

You are entitled to your opinion and off course whatever you think and see fit. I belief I do too.

I respected you and obviously your earn my respect then before you become who you are now. I am not saying you are right or wrong, but deep down inside I belief you have the right conscience to know about it.

I pray that once day you will stand beside Bangsa Anak Malaysia again! Oh yeah, may be becoming a Dato can make a different now. Or rather the other way round of changing your view earn one a Dato?

Wish you well my dear brother.

Regards
Shiok Guy

eddy said...

The DYMM Sultan of Perak is indeed a very wise man. The people of Perak is truly blessed.

Daulat Tuanku, Daulat Tuanku. Daulat Tuanku.

Anonymous said...

Saya juga ingin memberi amaran keras kepada bangsat2 PR terutama PAS supaya jangan mencetuskan huru hara di Perak.

http://www.themalaysianinsider.com/index.php/bahasa/52576-mb-perak-rakyat-boleh-protes-dengan-cetus-kebencian-kata-nik-aziz

Jangan nak memandai sangat mengaitkan soal perlembagaan dengan soal akidah yang mung telah jual, wahai munafik PAS. Keparat pondan yang mengelar diri alim, wahai munafik jangan nak berpura, anda telah menjual akidah untuk kuasa politik kerana hubun dunya tetapi segala-galanya ada had dan batas. Jangan ugut, jangan hasut, jangan nak cetus porak peranda, jangan nak uji kesabaran orang Islam.

Ingat, jangan main api wahai bangsat kerana api membakar semua tak kira umur termasuk pukimak tua bangka macam kamu. Sekali lagi, jangan masuk campur pasal soal akidah Islam kerana kamu tak layak kecek lagi pasai mende itu, bangsat munafik, kepala butuh nikmat.KDN apa lagi..kurung aje tua bangka bangsat nyanyuk ini dari dok sebok membelek2 ISA.

Warrior 231

Anonymous said...

its all begin when AI start to lobby his intention to take over Malaysia from BN ..i wonder what is it like if AI succeeded using those frog to take over Malaysia..i bet,these heavy metal supporters would said "this is people's justice" and "this is the lawful way to take Malaysia from the 'zionist'"
jangan jadi bodoh..mahkamah hanya adil apabila menyebelahi pembangkang sahaja?

Anonymous said...

What the fuck is this Warrior 231 on about? Sharpened spear? Mothefucka talks cock all the time.

Purple Haze said...

This is somewhat contradictory when one of the 5 Federal Court judges says that Nizar can still propose a vote of no-confidence now when they (the judges) have ruled that it is not necessary to determine who is the MB.

“However, we would add that this is by no means the end of the matter, as it is always open to the appellant [Nizar] to bring a vote of no confidence against the respondent [Zambry] in the LA [Legislative Assembly] or make a representation to HRH [His Royal Highness the Sultan of Perak] at any time if he thinks that the respondent does not enjoy the support of the majority of the members of the LA,” it said.

Is he saying to Nizar that last year he cannot but this year he can ?

Mouse Hijau said...

Bila Anwar mau tarik ADUN BN lompat ke Pakatan, penyokong Pakatan tak bantah.

Bila Najib main game yg sama -- dan berjaya, penyokong Pakatan melenting. Kerajaan haram. Tak lawful etc.

Camne nih?

Anonymous said...

When Anwar was acquitted by the Federal Court, they claimed justice prevailed. They did the same too in other cases that decided in their favour. When they won the election, they stormed the state secretariat buildings and stood guard over them. Did this happen when the Court of Appeal ruled in favour of Zambry? Obviously no. I guess BN is more civilised and this was proven when Zambry was knocked out by Judge Aziz, we didn't see any remarks made against the court. The Sultan merely exercised the powers given to him under the Constitution. He cannot simply sack the MB at his whims and fancies but only when the conditions precedent are met. To me the opposition leaders are evidently UNCIVILISED lots :-D

MK

eddy said...

Anon10:14pm, I would say you are a unrepentant racist.

Anonymous said...

Yo !

Gamuda Won!

Anonymous said...

Sometimes, people deliberately forget themselves, disguising their own beings to dupe their souls.

Many moons ago, drunk on the arrack of power and intent on promoting the strengths of froglegs, a certain arsehore "commissioned" certain minions to come up with these jottings which today, in the aftermath 090210, is still as potent as when it was written all those moons ago:

Saturday, September 20, 2008
Navigating The Constitutional Impasse (http://malikimtiaz.blogspot.com/2008/09/navigating-constitutional-impasse.html)

The YDPA however has an absolute discretion to withhold consent and as such, could legitimately refuse. This would leave the Prime Minister with no option other than to tender his resignation and that of his Cabinet and pave the way to the appointment of a new Prime Minister, one who in the judgment of the YDPA commands the confidence of the majority.Thirdly, the Federal Constitution does not say how to establish that the Prime Minister has “ceased to command the confidence of the majority”. A vote of no confidence is an obvious method but NOT necessarily the ONLY one. To read the constitutional provision otherwise would not only be unwarranted (an unnecessary implication of meaning) but would also allow for unconstitutional action, such as the use of the provision to impede the expression of the majority of the Dewan Rakyat. It is possible that circumstances could arise where an incumbent government seeks to prevent the meeting of members in Parliament to undermine any attempt by the majority to form a new government. To read provisions of the Constitution to lend to such an outcome would be wholly repugnant to the scheme the Constitution puts in place.As such, it is open to the YDPA to form a view through OTHER means, such as direct meetings with the majority of the Dewan Rakyat, so as to satisfy himself that the incumbent Prime Minister has in fact ceased to command its confidence. Events in Perlis and Trengganu earlier this year are illustrative of this course.

...............Sixthly, in the event the YDPA forms the view that the incumbent Prime Minister has ceased to command the confidence of the majority, the YDPA could then appoint a new Prime Minister. A further question arises as to whether the incumbent Prime Minster must firstly tender his resignation and that of his Cabinet. Though this would be ideal, I have my doubts as to whether it is a necessary prerequisite, especially if the incumbent government intends to undermine the forming of a new government. Though the Federal Constitution does not provide for the dismissal of a Prime Minister, the appointment of a new Prime Minister would merely be giving effect to the wishes of the majority of the Dewan and system of governance put in place by the Constitution.But then, what if the incumbent government refuses to vacate office? If the new Prime Minister is sworn in and given the necessary instruments of power, the incumbent government would in effect no longer be the government of the day and would no longer in law be lawfully possessed of power. Those individuals who lend themselves to this situation could be viewed as trespassing and, worse still, be seen as attempting to usurp the legitimate power of a lawful government. This has grave consequences.

The analysis set out above is based on my understanding of the Federal Constitution and it goes without saying that others may take a different view of the issues............

Warrior 231

P/S: a self-proclaimed human rights lawyer who is also a legal adviser to the Selangor PR government in the ongoing TBH inquest.

wandererAUS said...

ZAMBRY IS THE LAWFUL MB....said UMNO Chief judge decided by 5 Monkey Judges and in an infamous Kangaroo Court.

Hurrah UMNO, go and kiss the horse's arse!!!

Anonymous said...

In the same vein as my latest comment, let us have a glass of Sake as we enjoy this:

No-confidence vote not the only way
Monday, 22 September 2008 06:39am
©The Sun (Used by permission)by Maria J. Dass

THE premise that Parliament has to be called for a vote of no-confidence against the prime minister (PM) to be passed is too simplistic, said advocate and solicitor Tommy Thomas. He was responding to an interview published on Thursday in theSun with constitutional law expert Prof Dr Shad Saleem Faruqi who said that under the Constitution [Article 43(4)], it is Parliament, and not the Agong, which must dismiss the PM.

Article 43(4) of the Constitution reads: If the PM ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the prime minister shall tender the resignation of the cabinet.“However, for Shad’s interpretation to be correct, Article 43(4) ought to read like this: If the Prime Minister is defeated on a motion of confidence in the House of Representatives, then…” Thomas said.If Shad’s interpretation is right, it was limited to only one occasion and one fact pattern – that the matter needs to be brought to the Dewan Rakyat, he said, adding that the broad scope of the Constitution allowed for other methods to be applied.“I accept the method Shad mentioned as the traditional method and the first method of preference; where I am disagreeing is that it is not the only method,” he said in an interview last Friday.He said Article 43(4) represented the Reid Commission report draft and maintained its original form and essentially codified the British Constitutional principle that awards the Agong the exact same powers as the British monarch has. He said nearly all Commonwealth countries had persons who were in similar positions to the British monarch and had the same powers. India, being a republic, has a president while Australia and New Zealand have governors-general to represent the Queen.

Warrior 231

Anonymous said...

Part 2
So what are the OTHER methods instead of a no-confidence vote?Thomas: To answer this we have to first look at the fact that in almost every Commonwealth nation, there is a supreme head, a constitutional monarch. In Malaysia, it is the Agong as stipulated in Article 32(1) of the Federal Constitution. This supreme head has to be above politics and serve the role of stabilising the nation, especially in a time of crisis like this.Article 43(2)(a), which states that the Yang di-Pertuan Agong shall first appoint PM to preside over the cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House, leaves the discretion of appointing the PM to the Agong.The King has to take the advice of the PM 99.999% of the time according to Article 40(1); however the Agong may act in his discretion to appoint the PM and to withhold the consent to a request for the dissolution of Parliament according to Article 40(2).In some situations he doesn’t take the PM’s advice because the advice may be self-serving. In the case where a PM does not enjoy the support of the majority, his self-serving advice may be to “keep me, don’t sack me”.So in these situations and in times of trouble, the King should look above the advice and speak up in the interest of the nation.As a constitutional monarch, the Agong cannot remove the PM unless he is convinced that the PM has lost the confidence of the majority of Dewan Rakyat members as stipulated in Article 43(4) and 40(3).If the events in 43(4) occur, then the PM can be dismissed if he doesn’t resign.

The provisions in the Constitution give the King a very broad discretion, but he cannot act as a dictator as there are restraints to his absolute discretion. For example, he cannot appoint you or me to be PM because of the simple reason that we are not members of the lower house. That tells you straight away that the choice is limited to 222 people.

Warrior 231

Anonymous said...

Part 3
How does the King exercise his discretion if there is no vote of no-confidence?

A written and signed declaration signed by the majority members of the lower house, where if a member/members of Parliament sees him and produce documents to show that more than the majority needed have signed a declaration of no confidence.If the King is satisfied with that and genuineness of the signatures, then he can accept that – the method of ascertaining the losing of confidence.Now this is where I must comment on Shad’s statement where he cited the Stephen Kalong Ningkan case (1966) where the High Court in Kuching refused to accept this method.What Shad failed to mention was a Privy Council case before (Nigerian case: Adegbenro vs Akintola in 1963) and a Malaysian case after which went the other way.In the Nigerian case, the governor of Nigeria received such a letter and based on this he sacked the Chief Minister (CM) but the CM said “there was no vote against me so I have not been sacked”.The Privy Council ruled that it was a genuine sacking and decided that the governor can do what he wanted because of his wide discretion.In 1966 Justice Harley in Kuching in his judgment on the Stephen Kalong Ningkan case said he won’t follow the Nigerian case because Nigeria is different from Sarawak – which in my view is a very simplistic view.


Then 30 years later, we had this case involving Datuk Amir Kahar Mustapha vs Tun Mohd Said Keruak – which involves former chief minister of Sabah Datuk Joseph Pairin Kitingan when there were several defections from the party after the 1994 general election and Kitingan lost his position. The appointment of the new governor was later challenged. The facts are very similar and the issue raised was whether a signed letter cum document could be accepted. Justice Kadir Sulaiman followed the Privy Council method and said of course.What is more interesting is the winning lawyer whose arguments were accepted by Kadir Sulaiman was none other than present Attorney-General Tan Sri Gani Patail, who was arguing for the state government of Sabah.The disadvantage of this method is the authenticity of the signature, thus the whole idea is proof that the King is acting reasonably and responsibly, not arbitrarily. Therefore, the King has to make his own investigations and satisfy himself and make known the steps which he took in making the decision for the whole country. To do this the King should summon them, whether he does this or they voluntarily go then this is the best evidence, best proof. If any constitutional monarch did this, then they can be absolutely above criticism.

Warrior 231

Anonymous said...

Part 4

The King’s say in removing the PM Scenario One:
A vote in the lower house takes place and motion is carried. Then the outgoing PM must inform the monarch that he has lost the confidence of the house. The PM then has a prerogative to ask for the dissolution of Parliament so that fresh elections can be held for him to test his mandate with the people.The King then has to use his discretion at this stage. If he accepts, Parliament will be dissolved and the PM’s government will be appointed as a caretaker government. But if the King says no to dissolve Parliament, the PM must tender his resignation to cabinet. If he refuses to resign, it is implied that the King can sack him.

Scenario Two:
The King does not rely on a motion in the house but upon being satisfied that the PM no longer enjoys the support of the majority in the house, tells the PM to resign and replaces him with a candidate which he sees fit. If the PM refuses, it is implied in the Constitution that he can be sacked.

Q: What happens if a motion of no confidence is not granted by the Speaker of the Dewan Rakyat?

This is unconstitutional. But this is precisely why SCHOLARS are arguing if this is the ONLY method or if there are OTHER ways of doing this.

Opposition Leader Datuk Seri Anwar Ibrahim is playing a very careful game where he is exhausting the first and preferred method of tabling a no confidence vote against the PM first. Two such motions have been tabled and disallowed by the Speaker so far.

What happens if Anwar is detained under the Internal Security Act?Even if Anwar is detained under the Internal Security Act, the King can ask for him to be released to meet him – if he sees him as a person qualified as prime ministerial candidate.

Warrior 231
P/s; T.Thomas is a lawyer and a constitutional expert.

Anonymous said...

SPRM: BUKAN SALAH KAMI - malaysiakini

Ketua Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) Abu Kassim Mohamed berkata siasatan badan itu berhubung beberapa kes berprofil tinggi telah disempurnakan dan kini diserahkan kepada Pejabat Peguan Negara untuk tindakan.

Kes-kes itu termasuk yang membabitkan bekas menteri besar Selangor, Mohd Khir Toyo (kiri) dan bekas menteri pelancongan, Azalina Othman Said.

"Saya berharap keputusan akan dibuat secepat mungkin,” katanya.

Menurut Abu Kassim, pihak peguam negara perlu menjelaskan kepada panel penasihat SPRM jika tiada tindakan diambil dalam tempoh enam bulan selepas siasatan diserahkani.

KAH KAH KAH...

KAH KAH KAH...

KAH KAH KAH....

woit... HAIRAN !.... MANUSIA SUCI MACAM MALAON TOYO ADA KES...kah kah kah...

woit... PELIK ! ... MINAH PURTAN INI PUN ADA KES?.... kah kah kah..

kah kah kah... CIIIIIS.... SATU MALAYSIA TAK SANGKA...kah kah kah

kah kah kah.... TAK SANGKA-SANGKA... BUNTUT SIFOOOL DI SANGKA NANGKA.... kah kah kah..

kah kah kah... PATUTLAAA KES PENYAPU HILANG ...TAK TIMBUL TIMBUL... kah kah kah..

kah kah kah... PATUTLAA KES ZOOOOOOOOOOM.... SUDAH JADI AL-KAZUM... kah kah kah...

nota:
keadaan ini berlaku kerana sprm ini bukan
badan bebas yang boleh mendakwa
siasat sampai mati pun tak guna
tak jadi kes pun

semua siasatan terhadap gerombolan hanya nak sedapkan hati mak cik felda
semua siasatan terhadap gerombolan hanya nak sedapkan pak cik warung
semuan siasatn terhadp malaon ini hanya tipu satu Malaysia

sampai bila melayu nak sedar
smapai bontot tersangkut di dawai pagar kah kah kah

Anonymous said...

During the 2008 elections the invisible kuasa "Makkal Sakthi" was said to be sweeping all over to correct "injustices" caused to the marginalised "poor" rakyat.

So happens this "invisible kuasa" DOSEN'T TAKE SIDES, it ONLY "corrects".., like what is said to be happenning in Penang now..

KuasaBuahPala

Anonymous said...

The Sultan was once The Lord President. He was on the YDP Agong.. Kata orang Melayu "dah rasa garam lebih awal".

Nizar, fikir dengan waras dan rational. Put all of you Ngeh Ngoh Kit Siang Karpal Nik Aziz Anwar etc together...

Who do you all think you are?

Jangan duk MENGADA2 main2 nuuuuuu. Kami ni bukan baru 50tahun duk kat Tanah Air ni....Hang duk bokbaik sikit, Faham Bahasa tak?

PERWIRA

sick&tired said...

chickenfeet,
They are adun's not mp's. Chicken brain suits u better :p

Anonymous said...

To anon 10.44 PM

What a stupid suggestion. BTW, why just Ipoh? Others are not entitled for any views?

Please think hard before you leave any comments.

Thanks.

Anonymous said...

Arcadia, spot on!

Mustapha Ong said...

Salam Rocky's bru

Zambry is the lawful MB by interpretation of the state constitution handed out by the five appeal Judges. The wisdom of the Sultan should be respected by all Perakians. Just move on and allow the BN government to administrate the silver state with the help of the federal government.The rakyat will benefit as BN government is still the people's choice.

Agreed with PM that if certain people still feel dejected caused by the frustration of the opposition,then wait for the 13th GE and then cast your votes with better political conscience and maturity.

My heartiest congratulations to Zambry and his team.Nizar and his supporters should not despair but continue to serve the rakyat unconditionally.

Shamsul Yunos said...

Anwar's delay tactics set to BACKFIRE

read about it HERE

http://marahku.blogspot.com/2010/02/sodomy-ii-delay-tactics-prevail.html

Anonymous said...

Bro,

Bila kalah main bola, alasannya padang tak rata lah, bola tak cukup angin lah, tiang gol senget lah, tapi bila menang duit hadiah haram satu sen pun tak syer dengan penyokong.

adahal penyokong yang bersusah payah habis duit, masa dan tenaga dok support team.

Padan le muka hang Mat Nijar

abusyukri said...

Salaam bru,

A silver lining indeed .

All Ku li needs to do is to bring

a few froggies to seek an audience

with YDP Agong and wala..

we have a new PM.

cool?

ibnmohamad

Anonymous said...

Bro,

Lets not be naive. Nizar and the Pakatan will only respect the Court when the decision is in their favour.

==========

So what happened when the High Court ruled for Nizar - why must UMNO then appeal to the Court of Appeals?

Are they respect the court??

come on - u only want to see one side.

what happened when the Judge says the rest can use the word 'ALLAH' why must the government that appeal to reverse the decision,

Oh semua pon bolih...

one-eye-Jack

Anonymous said...

Ini baru dinamakan 'Zambri terseNGEH, Nizar puppet terNGARNGAR'

kratos

p/s to donplaypuks, two words : sour grapes

wak segen said...

hahhahaa one-eye-jack

ada jugak orang macam ko...ni lah yg gua cakap tadi...

..jenis ..gendeng bin goblok..

wak

eddy said...

purpe haze, hang tak baca dan faham;

the judge said:"...at any time if he thinks that the respondent does not enjoy the support of the majority of the members of the LA,"

This meant that last year he(Nizar) cannot, because at that time BN/Zambry had majority when 2 PKR and 1 DAP Aduns became independent and supported BN.

Ada faham kah, there is no contradiction in the learned judges statement, if this year suddenly 3 BN Adun jumped to join the loose Pakatan coalition of DAP,PKR and PAS then Nizar boleh jumpa Sultanlah accordingly. Itu pun nak buat issue.

eddy said...

purpe haze, hang tak baca dan faham;

the judge said:"...at any time if he thinks that the respondent does not enjoy the support of the majority of the members of the LA,"

This meant that last year he(Nizar) cannot, because at that time BN/Zambry had majority when 2 PKR and 1 DAP Aduns became independent and supported BN.

Ada faham kah, there is no contradiction in the learned judges statement, if this year suddenly 3 BN Adun jumped to join the loose Pakatan coalition of DAP,PKR and PAS then Nizar boleh jumpa Sultanlah accordingly. Itu pun nak buat issue.

Anonymous said...

one-eye-jack (how apt..),

You said : "So what happened when the High Court ruled for Nizar - why must UMNO then appeal to the Court of Appeals?

Are they respect the court??

come on - u only want to see one side."

It is okay to appeal la dungu. Respect and appeal are two VERY different issues. Is this stupidity a trend with you PR people? Open both eyes la weyyyy.

You said: "what happened when the Judge says the rest can use the word 'ALLAH' why must the government that appeal to reverse the decision,

Oh semua pon bolih..."

Same answer as above la dungu. Nobody denied your dumbfuck leaders the right to appeal. Do you know that one-eyed-jack is synonymous to a dickhead..?

btw, patrick's a bitch. ;)

Anonymous said...

Lets go way-way back 1997....Karpal Singh desperately want to expose Anwar's sodomy scandal in front of parliament. He actually dragged Azizan Abu Bakar with his statutory declaration to Parliament...Karpal tried to read the statutory declaration of Azizan Abu Bakar but his attempt was interrupt by Anwar's lackey...
Most of you still sucking your mamas tits during this time.

Anonymous said...

1.) The Penipu Rakyat gang will look for another historic tree.

2) They will argue that it is now legitimate to buy over the 32 frogs from Sabah and Sarawak to form the Government.

3.) They will create more deceits and probably sue the judges over the decision.

4.) They will draw a parallel with the CIFUT case, claiming unfair judiciary.

5.) They will plan street justice, bicycle rides, increase sales of candles and provoke the use of water cannons.

But since money is running out, they need to raise funds from their 'International' supporters who are already getting sick and tired of the game.

A GOOD MAN DOES NOTHING.

ChengHo said...

Just like Recount in the USA Supreme Court decision , AlGore VS Bush....

selampit said...

one-eye-Jack wrote;

"So what happened when the High Court ruled for Nizar - why must UMNO then appeal to the Court of Appeals?

Are they respect the court??

what happened when the Judge says the rest can use the word 'ALLAH' why must the government that appeal to reverse the decision..."

This statement only betrays your ignorance with regards to the law.

To appeal a judge's judgment, ruling, decision, etc DOES NOT constitute contempt. To proceed with Court appeals is OUR RIGHT as guaranteed by the law.

But when you discourteously QUESTION court decisions OUTSIDE legal channels, such as by making this kind of statement;

“Keputusan ini satu sejarah hitam Malaysia kerana ia mengetepikan segala prinsip yang terkandung dalam perlembagaan dan boleh menjurus kepada sistem monarki mutlak."

Like Nizar did, or like when Nizar unruly accused the BN government as an "illegitimate government" that has the support of the court.

Source : http://www.agendadaily.com

Then these show utter lack of respect for the law, which is a common and acceptable behaviour among Pakatan goons.

Can I Fuck You Today? said...

Somebody got to implement the Constitution. And that person is the King or Sultan.

It is all inherent in Constitution that the Head of State has the power to fire his prime minister.

It is a compromise between monarchy and democracy.

Read between the lines. Read the history of other Constitutional Monarchy.

Dont be naive. The court must be in the majority favour that is why the appointment of judges are very important in the US.

Pro abortion judges or anti abortion judges.

So anti Islam judges or pro Catholic Judges must be identified.
And we must do what we can to singkir these colonial relic Chinese Catholic Judges while we can.

hamdan said...

Konon kata keputusan mahkamah tak lambangkan demokratik....hahahha lawak gile pembangkang ...

soalan 1:

Siapa yg ajar melompat nie?. Bukankah anwar berahim yg ke hulu ke hilir suruh orang melompat?. bila kena kepala sendiri amacam?..sedap tak?

Soalan 2:

kalau kata BN takut..apa kata kerusi pembangkang...sendiri kosongkan..?...amacam...?

Memang Bn ada keburukannya tapi aku tengok pembangkang lagi buruk kelakuannya...hahaha

by orang teluk intan

Anonymous said...

I hope a better job is done by : -
1)Anwar of selecting candidates.
2)Pakatan @ holding on to a State Government
3)Lawyers at arguing to win cases

Stop blaming others because it sounds like you are losers.
Accept your weaknesses and don't let the enemy give you victory,you must earn it.

Ms.Eu Mei Fatt

Anonymous said...

If Menteri Besar can be sacked anytime, then Prime Minister can also be sacked anytime despite being voted by the citizen.

Furthermore, if all BN + the 3 frogs have decided to sack Nizar, they can always do it through the vote of no confidence, why are they so worry (Oops..it is because some BN assmebly man are already not with BN anymore!!!!) and furthermore, what's tje constitution for if MB can be sacked at anytime anywhere without vote of confidence.

Steven Seagal

Anonymous said...

Power is with the people, that's the real power so better be afraid my sinking UMNO.

We should firstly send this Pendatang back to Singapore, why give him a Datuk title?

looes74 said...

Guys,
Plenty things can be said on this matter. One thing is for sure, UMNO would whatever possible to their benefits.
When the monachy run foul with UMNO, Rocky Bru's Idol, Mahathir literally destroyed the monarchy instituition by allowing the bill to pass WITHOUT YANG DI PERTUAN AGONG's consent
I would not be surprised if UMNO decides to use military if UMNO loses big in the coming 13th GE.

Guys,
What then can stand between UMNO & people? Those stood against UMNO has failed. Singapore was kicked out from Malaysia. Brunei refused to join Malaysia because of UMNO's supremacy
Zul Noordin has mentioned something about Communist. And with that in mind, look at the chinese civil war. How a mighty Kuomintang refused to nothing in 4 years. It's People's Power

Guys,
Of course, UMNO has been very good in confusing people especially the malays. An inheritance from the british. By enslaving the malays while frightening the non malays with threats & lies, UMNO try as far as possible to stay in power FOREVER & EVER. Amen
Hmmm......But wait with malays increasing in populations, ultimately the malays would be affected........What next when all non malays fritters away & UMNO is now confronting the angry & awaken
Would UMNO's project of MEMPERBOBOHKAN ORANG2 MELAYU stood the test of time? And The Allah would let it pass because UMNO is destined to be the RULER in Perpertuity

Rocky,
Frightening, isn't it. When you yourself soon would face the running wild orang2 melayu. The reason why 1Malaysia is promoted by Ah Najib

Anonymous said...

to all the pakatanist derhaka kepada Tuanku Sultan Perak ( dari kesultanan melaka )...please don't forget we also got numbers. Daulat Tuanku!

Pekida Melaka

Anonymous said...

What Nizar will do now?

1. Reconvene DUN under a tree. Any tree
2. Hunger strike. Eat when no camera around
3. Candle light vigil. He don't need to buy a candle. His DAP masters can provide that

kratos