Feb 26, 2009 By CHRISTINA KOH
IPOH: Perak Speaker V. Sivakumar was again questioned over reports lodged against his decision to suspend Mentri Besar Datuk Dr Zambry Abdul Kadir and his six exco members.
This time, two Malaysian Anti-Corruption Commission (MACC) officers spent two and a half hours interviewing him at the Mentri Besar’s official residence here yesterday.
Sivakumar underwent similar questioning by four police officers at lawyer Chan Kok Keong’s office here on Monday.
Expressing disappointment, Sivakumar said the questioning was a harassment to him and an insult to the state legislative assembly.
“I don’t think this has ever happened in a Commonwealth country, where a Speaker makes a decision but certain quarters use means like this to investigate the Speaker.
“This should not have happened,” he told a press conference after commission officers left about 9pm.
Sivakumar said this would set a “dangerous precedent” as it meant other legislative speakers could also be questioned for their decisions.
He reiterated that the law gave absolute immunity to all assembly members from any civil or criminal proceedings for matters within the state assembly.
On the MACC reports lodged against him, Sivakumar declined to comment as the investigation was under way.
To a question, Sivakumar said he had yet to receive a reply to his recent request to the Sultan of Perak to convene a special sitting of the assembly.
Perak DAP chairman Datuk Ngeh Koo Ham, a former state senior exco member, described the multiple questioning as an assault on the country’s democratic process.
Thursday, February 26, 2009
Najib: You lie, you pay - Star
Feb 26, 2009
KUALA LUMPUR: Datuk Seri Najib Tun Razak warned Thursday that anyone who makes a false report to the Malaysian Anti-Corruption Commission (MACC) will be prosecuted.
Those who abused the statutory declaration would also face the same action, the deputy prime minister said.
"They will pay the price," he told reporters after opening the Developing Eight (D8) Ministers Meeting on Food Security here on behalf of Prime Minister Datuk Seri Abdullah Ahmad Badawi.
Najib, who is also Finance Minister, was asked to comment on the action of two Pakatan Keadilan Rakyat state assemblymen who lodged reports with the MACC Wednesday claiming that they had been offered money and posts to leave the party.
Malim Nawar assemblyman Keshvinder Singh and Kuala Kurau assemblyman Abdul Yunus Jamahri lodged the separate reports against several Barisan Nasional and federal leaders at the Perak MACC office. Najib said it was up to the MACC to investigate the claims of the two assemblymen.
"I don't know what their allegations are. Let the MACC investigate," he said.
Asked about his name also being mentioned in the reports, he said: No. I did not make any offers to anyone."
On claims by the two that they had strong proof, he said: "Of course, they'll say that. Let the commission investigate. As I've said, if they make false reports they will pay for it." - Bernama
KUALA LUMPUR: Datuk Seri Najib Tun Razak warned Thursday that anyone who makes a false report to the Malaysian Anti-Corruption Commission (MACC) will be prosecuted.
Those who abused the statutory declaration would also face the same action, the deputy prime minister said.
"They will pay the price," he told reporters after opening the Developing Eight (D8) Ministers Meeting on Food Security here on behalf of Prime Minister Datuk Seri Abdullah Ahmad Badawi.
Najib, who is also Finance Minister, was asked to comment on the action of two Pakatan Keadilan Rakyat state assemblymen who lodged reports with the MACC Wednesday claiming that they had been offered money and posts to leave the party.
Malim Nawar assemblyman Keshvinder Singh and Kuala Kurau assemblyman Abdul Yunus Jamahri lodged the separate reports against several Barisan Nasional and federal leaders at the Perak MACC office. Najib said it was up to the MACC to investigate the claims of the two assemblymen.
"I don't know what their allegations are. Let the MACC investigate," he said.
Asked about his name also being mentioned in the reports, he said: No. I did not make any offers to anyone."
On claims by the two that they had strong proof, he said: "Of course, they'll say that. Let the commission investigate. As I've said, if they make false reports they will pay for it." - Bernama
Sunday, February 22, 2009
Zambry seeks London’s QC’s opinion over Perak - Star
Feb 22, 2009 By SHAILA KOSHY
KUALA LUMPUR: Perak Mentri Besar Datuk Dr Zambry Abdul Kadir and his six suspended state executive council members are seeking a second opinion from a Queen’s Counsel in London on the constitutional impasse in the state.
According to a source close to the Barisan Nasional, a senior lawyer is leaving for London Monday to meet with the QC.
One of the assemblymen and other lawyers will also be part of the group, said the source.
“The team comprises old and new young lawyers, there is one who was involved in the two chief ministers case in Sabah in 1986.
“They are going to for a second opinion on the purported suspension of the Perak MB and the six assemblymen as well as the suit filed (by Datuk Seri Nizar Jamaluddin on Feb 13) that the MB (Dr Zambry) is purportedly not the MB.”
The constitutional crisis in Perak began early this month after two PKR and one DAP assemblymen left their parties, leading to Nizar to seek Sultan Azlan Shah’s consent to dissolve the state assembly. On Feb 5, the ruler instead declared the Pakatan Rakyat government had lost its majority and appointed Barisan’s Dr Zambry as Mentri Besar.
Nizar and his team have refused to quit and the crisis is now a well truly a constitutional quagmire after State Legislative Assembly Speaker V. Sivakumar on Feb 18 suspended Dr Zambry and his executive council from the assembly for 12 and 18 months, respectively.
Asked whether the lawyers had been instructed by Barisan, the source said they were acting on behalf of Dr Zambry and the six exco members and took instructions from them as the aggrieved party.
On whether they would apply for a QC to represent them in court, the source said:
“No. In addition to seeking a second opinion, they also want an opinion on the position in other Commonwealth jurisdictions, apart from the Sabah and Sarawak cases here.”
Asked whether the legal eagles were getting a QC’s opinion because several legal experts have described the legal impasse as “uncharted constitutional territory”, despite the East Malaysian case precedents, he replied:
“They think the Federal Constitution has been stretched to extreme limits. See how the Speaker unilaterally acted in convening the Rights and Privileges Committee when the Dewan was not in session and suspending the MB and his exco members.”
“That is a clear and direct contravention of the assembly’s Standing Orders and convention as practised in Parliament.”
Asked whether the state legal adviser would represent Dr Zambry and the six in court, the source said that because they were suspended as assemblymen, the question of whether the state legal adviser could do so in that case and act for Dr Zambry in Nizar’s application for a judicial review was also a matter they were seeking a second opinion of from the QC.
KUALA LUMPUR: Perak Mentri Besar Datuk Dr Zambry Abdul Kadir and his six suspended state executive council members are seeking a second opinion from a Queen’s Counsel in London on the constitutional impasse in the state.
According to a source close to the Barisan Nasional, a senior lawyer is leaving for London Monday to meet with the QC.
One of the assemblymen and other lawyers will also be part of the group, said the source.
“The team comprises old and new young lawyers, there is one who was involved in the two chief ministers case in Sabah in 1986.
“They are going to for a second opinion on the purported suspension of the Perak MB and the six assemblymen as well as the suit filed (by Datuk Seri Nizar Jamaluddin on Feb 13) that the MB (Dr Zambry) is purportedly not the MB.”
The constitutional crisis in Perak began early this month after two PKR and one DAP assemblymen left their parties, leading to Nizar to seek Sultan Azlan Shah’s consent to dissolve the state assembly. On Feb 5, the ruler instead declared the Pakatan Rakyat government had lost its majority and appointed Barisan’s Dr Zambry as Mentri Besar.
Nizar and his team have refused to quit and the crisis is now a well truly a constitutional quagmire after State Legislative Assembly Speaker V. Sivakumar on Feb 18 suspended Dr Zambry and his executive council from the assembly for 12 and 18 months, respectively.
Asked whether the lawyers had been instructed by Barisan, the source said they were acting on behalf of Dr Zambry and the six exco members and took instructions from them as the aggrieved party.
On whether they would apply for a QC to represent them in court, the source said:
“No. In addition to seeking a second opinion, they also want an opinion on the position in other Commonwealth jurisdictions, apart from the Sabah and Sarawak cases here.”
Asked whether the legal eagles were getting a QC’s opinion because several legal experts have described the legal impasse as “uncharted constitutional territory”, despite the East Malaysian case precedents, he replied:
“They think the Federal Constitution has been stretched to extreme limits. See how the Speaker unilaterally acted in convening the Rights and Privileges Committee when the Dewan was not in session and suspending the MB and his exco members.”
“That is a clear and direct contravention of the assembly’s Standing Orders and convention as practised in Parliament.”
Asked whether the state legal adviser would represent Dr Zambry and the six in court, the source said that because they were suspended as assemblymen, the question of whether the state legal adviser could do so in that case and act for Dr Zambry in Nizar’s application for a judicial review was also a matter they were seeking a second opinion of from the QC.
'Bapa Tajol Rosli juga tidak letak jawatan...' - Harakah
Azamin Amin
Sun | Feb 22, 09 | 5:59:36 am MYT
SLIM RIVER, 22 Feb (Hrkh) - Pada 1974, Menteri Besar Perak ketika itu, Tan Sri Mohamad Ghazali Jawi iaitu bapa bekas Menteri Besar Perak Dato' Seri Tajol Rosli juga tidak meletakkan jawatan walaupun dititahkan oleh Sultan Idris Shah.
Ketika itu tidak ada satu 'suara' daripada Umno yang mengatakan bahawa keengganan Ghazali itu sebagai menderhaka kepada Sultan bahkan menyokong sebagai tindakan yang mengikut Undang-Undang Tubuh Negeri Perak.
Demikian dijelaskan Menteri Besar Perak Dato' Seri Ir Nizar Jamaluddin berhubung sejarah dan isu lantikan dan perletakan jawatan seseorang menteri besar di negeri ini.
Sultan Idris Shah tidak berkenan dengan perlantikan Ghazali Jawi untuk menjadi MB buat kali kedua namun atas nasihat beberapa pihak, baginda melantiknya semula dengan syarat hanya selama dua tahun dan dipersetujui namun setelah 'tamat' tempoh, Ghazali tidak meletakkan jawatan.
Sultan ketika itu kata Nizar tidak dapat berbuat apa-apa kerana tertakluk kepada undang-undang negeri yang mana tidak ada kuasa memecat atau mengarahkan menteri besar meletakkan jawatan.
"Bapa Tajol Rosli juga enggan letak jawatan walupun dititahkan Sultan dan mentadbir negeri selama dua tahun, kemudian meletakkan jawatan secara sukarela dengan nasihat Presiden Umno," katanya dalam ceramah di Kg. Serigala, dekat sini semalam.
Malah ketika itu Pemuda Umno mengadakan rapat umum mempertahankan tindakan Ghazali itu dan dilaporkan Pemuda Umno pernah mengeluarkan kenyataan yang bermaksud:"Sultan Perak mempunyai hak melantik dan berkenan seseorang memegang jawatan Menteri Besar, tetapi setelah dilantik dan diperkenankan, Sultan tidak ada hak mengikut Perlembagaan Negeri untuk memecat atau memerintahkan supaya meletakkan jawatan. Hak untuk memecat atau memerintahkan seseorang berhenti dari Menteri Besar, ialah Presiden Umno."
Gara-gara keengganan Ghazali itu kata Nizar menyebabkan Sultan Idris murka dan bernazar tidak akan mencukur janggut dan jambangnya selagi Ghazali tidak berhenti menjadi MB dan untuk beberapa ketika baginda tampil di khalayak dengan keadaan berjangut dan berjambang sebagai menzahirkan kemurkaan baginda.
"Ghazali meletakan jawatan menjadi MB Perak hanya setelah dinasihati oleh Presiden Umno ketika itu (Tun) Hussein Onn pada 1977.
"Lepas itu barulah Almarhum Tuanku Sultan mencukur janggut misainya di Pangkor. Cerita ini masyhur. Semua orang tahu bahawa Tuanku Sultan ketika itu juga akur kepada ketetapan di dalam Perlembagaan Perak.
"Sekarang mana dia Tajol Rosli? Senyap saja...iyelah ayah dia pun pernah kena macam ini juga." kata Nizar disambut sorakan ketawa lebih 1,000 hadirin yang membanjiri pekarangan markas PAS Kg Serigala.
Nizar menjelaskan bahawa istilah 'sembah derhaka' yang dipersembahkan kepada Sultan Perak telah disalah tafsirkan sebagai menderhaka akibat manipulasi pihak media yang ingin menjejaskan imej beliau sebagai MB yang sah.
"Itu istilah yang diguna dalam istana dan ketika berhadapan dengan Sultan membawa maksud, tidak setuju bukan istilah yang diguna orang awam sebagai derhaka yang sebenarnya," katanya dan turut yakin orang ramai khususnya rakyat Perak tidak terpedaya dengan 'hasutan' dan tohmahan yang dilemparkan ke atasnya dan rakan-rakan dalam Pakatan Rakyat.-azm
Sun | Feb 22, 09 | 5:59:36 am MYT
SLIM RIVER, 22 Feb (Hrkh) - Pada 1974, Menteri Besar Perak ketika itu, Tan Sri Mohamad Ghazali Jawi iaitu bapa bekas Menteri Besar Perak Dato' Seri Tajol Rosli juga tidak meletakkan jawatan walaupun dititahkan oleh Sultan Idris Shah.
Ketika itu tidak ada satu 'suara' daripada Umno yang mengatakan bahawa keengganan Ghazali itu sebagai menderhaka kepada Sultan bahkan menyokong sebagai tindakan yang mengikut Undang-Undang Tubuh Negeri Perak.
Demikian dijelaskan Menteri Besar Perak Dato' Seri Ir Nizar Jamaluddin berhubung sejarah dan isu lantikan dan perletakan jawatan seseorang menteri besar di negeri ini.
Sultan Idris Shah tidak berkenan dengan perlantikan Ghazali Jawi untuk menjadi MB buat kali kedua namun atas nasihat beberapa pihak, baginda melantiknya semula dengan syarat hanya selama dua tahun dan dipersetujui namun setelah 'tamat' tempoh, Ghazali tidak meletakkan jawatan.
Sultan ketika itu kata Nizar tidak dapat berbuat apa-apa kerana tertakluk kepada undang-undang negeri yang mana tidak ada kuasa memecat atau mengarahkan menteri besar meletakkan jawatan.
"Bapa Tajol Rosli juga enggan letak jawatan walupun dititahkan Sultan dan mentadbir negeri selama dua tahun, kemudian meletakkan jawatan secara sukarela dengan nasihat Presiden Umno," katanya dalam ceramah di Kg. Serigala, dekat sini semalam.
Malah ketika itu Pemuda Umno mengadakan rapat umum mempertahankan tindakan Ghazali itu dan dilaporkan Pemuda Umno pernah mengeluarkan kenyataan yang bermaksud:"Sultan Perak mempunyai hak melantik dan berkenan seseorang memegang jawatan Menteri Besar, tetapi setelah dilantik dan diperkenankan, Sultan tidak ada hak mengikut Perlembagaan Negeri untuk memecat atau memerintahkan supaya meletakkan jawatan. Hak untuk memecat atau memerintahkan seseorang berhenti dari Menteri Besar, ialah Presiden Umno."
Gara-gara keengganan Ghazali itu kata Nizar menyebabkan Sultan Idris murka dan bernazar tidak akan mencukur janggut dan jambangnya selagi Ghazali tidak berhenti menjadi MB dan untuk beberapa ketika baginda tampil di khalayak dengan keadaan berjangut dan berjambang sebagai menzahirkan kemurkaan baginda.
"Ghazali meletakan jawatan menjadi MB Perak hanya setelah dinasihati oleh Presiden Umno ketika itu (Tun) Hussein Onn pada 1977.
"Lepas itu barulah Almarhum Tuanku Sultan mencukur janggut misainya di Pangkor. Cerita ini masyhur. Semua orang tahu bahawa Tuanku Sultan ketika itu juga akur kepada ketetapan di dalam Perlembagaan Perak.
"Sekarang mana dia Tajol Rosli? Senyap saja...iyelah ayah dia pun pernah kena macam ini juga." kata Nizar disambut sorakan ketawa lebih 1,000 hadirin yang membanjiri pekarangan markas PAS Kg Serigala.
Nizar menjelaskan bahawa istilah 'sembah derhaka' yang dipersembahkan kepada Sultan Perak telah disalah tafsirkan sebagai menderhaka akibat manipulasi pihak media yang ingin menjejaskan imej beliau sebagai MB yang sah.
"Itu istilah yang diguna dalam istana dan ketika berhadapan dengan Sultan membawa maksud, tidak setuju bukan istilah yang diguna orang awam sebagai derhaka yang sebenarnya," katanya dan turut yakin orang ramai khususnya rakyat Perak tidak terpedaya dengan 'hasutan' dan tohmahan yang dilemparkan ke atasnya dan rakan-rakan dalam Pakatan Rakyat.-azm
Ngeh: Action can be taken against Prime Minister - Star
Feb 22, 2009
IPOH: The Perak DAP has taken the Prime Minister to task for asking Perak Mentri Besar Datuk Dr Zambry Abd Kadir to lodge a police report against the Speaker.
State DAP chief Datuk Ngeh Koo Ham said the Perak legislative assembly speaker and the Rights and Privileges Committee had made their decision based on the state constitution and the laws governing them.
“Prime Minister Datuk Seri Abdullah Ahmad Badawi has committed contempt against the committee.
“Action can be taken against him,” he said yesterday in expressing disappointment at Abdullah’s actions.
On Friday, Abdullah had told Mentri Besar Datuk Dr Zambry Abd Kadir and his exco members to go to the State Assembly as usual despite the suspension order issued by Speaker V. Sivakumar.
“Section 3 of the Perak Legislative Assembly (Privileges) Enactment 1959 clearly states that no member of the legislative assembly shall be liable to any civil suit or criminal proceedings, arrest, imprisonment or damages for anything done or said by them in the state assembly or any committee,” he said.
IPOH: The Perak DAP has taken the Prime Minister to task for asking Perak Mentri Besar Datuk Dr Zambry Abd Kadir to lodge a police report against the Speaker.
State DAP chief Datuk Ngeh Koo Ham said the Perak legislative assembly speaker and the Rights and Privileges Committee had made their decision based on the state constitution and the laws governing them.
“Prime Minister Datuk Seri Abdullah Ahmad Badawi has committed contempt against the committee.
“Action can be taken against him,” he said yesterday in expressing disappointment at Abdullah’s actions.
On Friday, Abdullah had told Mentri Besar Datuk Dr Zambry Abd Kadir and his exco members to go to the State Assembly as usual despite the suspension order issued by Speaker V. Sivakumar.
“Section 3 of the Perak Legislative Assembly (Privileges) Enactment 1959 clearly states that no member of the legislative assembly shall be liable to any civil suit or criminal proceedings, arrest, imprisonment or damages for anything done or said by them in the state assembly or any committee,” he said.
Nizar: 'Expect turmoil in next Perak assembly' - Star
Feb 22, 2009 By CHRISTINA KOH
Datuk Seri Mohd Nizar Jamaluddin, his wife and their seven children loading up their family vehicle in preparation to move out of the Perak mentri besar's official residence today. – Pic by Choo Choy May. Courtesy of Malaysian Insider
IPOH: Former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin expects “turmoil” at the next the state legislative assembly sitting when Pakatan Rakyat moves its motion of confidence to support him as the legitimate mentri besar.
He noted that state Assembly Speaker V. Sivakumar was seeking consent from the Sultan of Perak to convene a special assembly.
Nizar had earlier told reporters Sunday morning, as he was vacating the official MB residence, that he would be seeking a motion of no confidence against the Barisan government, but he clarified his statement later in the day.
He said he would be seeking a motion of confidence for himself as the legitimate MB and was confident that Pakatan would have the majority number.
Earlier, in the morning Nizar had said that he expected Barisan to have only 21 assemblymen against Pakatan’s 28 with the suspension of Mentri Besar Datuk Dr Zambry Abd Kadir, his six exco members and the “three frogs”.
He was referring to Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong who quit Pakatan to become Barisan-friendly independents.
“This has to be tested inside the state assembly,” Nizar told a press conference before moving out of the official residence here on Sunday.
On Dr Zambry having declared that he and his six exco members would turn up for the next sitting, Nizar said: “They have been suspended by the Speaker.”
He reiterated that only the Speaker had the power to decide whom to suspend or expel from the House, and that his decision was final.
On accusations that the Speaker’s decision was biased, Nizar said: “As a Pakatan member and Tronoh assemblyman, obviously he will act based on truth and will decide what is fair and just.
“Umno is terrified and worried,” he added.
He also asked Perakians to pray for Sivakumar’s safety following supposed threats made against the Speaker, who has come under increased security.
Nizar claimed that Umno at one point was responsible for the kidnapping of the Kelatan Assembly Speaker some 20 years ago.
“Umno has a track record of kidnapping Speakers so we are doing all our best to protect and safeguard our Speaker,” he said.
Datuk Seri Mohd Nizar Jamaluddin, his wife and their seven children loading up their family vehicle in preparation to move out of the Perak mentri besar's official residence today. – Pic by Choo Choy May. Courtesy of Malaysian Insider
IPOH: Former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin expects “turmoil” at the next the state legislative assembly sitting when Pakatan Rakyat moves its motion of confidence to support him as the legitimate mentri besar.
He noted that state Assembly Speaker V. Sivakumar was seeking consent from the Sultan of Perak to convene a special assembly.
Nizar had earlier told reporters Sunday morning, as he was vacating the official MB residence, that he would be seeking a motion of no confidence against the Barisan government, but he clarified his statement later in the day.
He said he would be seeking a motion of confidence for himself as the legitimate MB and was confident that Pakatan would have the majority number.
Earlier, in the morning Nizar had said that he expected Barisan to have only 21 assemblymen against Pakatan’s 28 with the suspension of Mentri Besar Datuk Dr Zambry Abd Kadir, his six exco members and the “three frogs”.
He was referring to Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu and Jelapang assemblyman Hee Yit Foong who quit Pakatan to become Barisan-friendly independents.
“This has to be tested inside the state assembly,” Nizar told a press conference before moving out of the official residence here on Sunday.
On Dr Zambry having declared that he and his six exco members would turn up for the next sitting, Nizar said: “They have been suspended by the Speaker.”
He reiterated that only the Speaker had the power to decide whom to suspend or expel from the House, and that his decision was final.
On accusations that the Speaker’s decision was biased, Nizar said: “As a Pakatan member and Tronoh assemblyman, obviously he will act based on truth and will decide what is fair and just.
“Umno is terrified and worried,” he added.
He also asked Perakians to pray for Sivakumar’s safety following supposed threats made against the Speaker, who has come under increased security.
Nizar claimed that Umno at one point was responsible for the kidnapping of the Kelatan Assembly Speaker some 20 years ago.
“Umno has a track record of kidnapping Speakers so we are doing all our best to protect and safeguard our Speaker,” he said.
Thursday, February 19, 2009
Suspension of MB, Exco can't be legally challenged: Bar Council - NST
Feb 19, 2009 By Alang Bendahara
KUALA LUMPUR, Thurs:
The decision by Perak assembly speaker V. Sivakumar to suspend the menteri besar and his six executive councillors as assemblymen cannot be challenged in court, the Malaysian Bar Council said today.
Council president Datuk Ambiga Sreenevasan said: “Regardless of whether the correct procedure was followed by the speaker and the Committee of Special Privileges, under Article 72 of the Federal Constitution their conduct and the validity of the their proceedings may nevertheless be outside the jurisdiction of the courts.”
She said the doctrine of separation of powers means the judiciary could not interfere in the workings of Parliament or the state legislative assemblies.
Ambiga said in a faxed statement to the media that this also means that there should be no Executive influence in the workings of Parliament and state legislative assemblies.
“We say this as it has been reported that there are attempts to lodge police reports against the speaker of the Perak state assembly, which would violate these provisions,” said Ambiga.
Ambiga said wrestling over the constitutional and legal issues would not solve the political problem in Perak.
“Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole,” she said.
KUALA LUMPUR, Thurs:
The decision by Perak assembly speaker V. Sivakumar to suspend the menteri besar and his six executive councillors as assemblymen cannot be challenged in court, the Malaysian Bar Council said today.
Council president Datuk Ambiga Sreenevasan said: “Regardless of whether the correct procedure was followed by the speaker and the Committee of Special Privileges, under Article 72 of the Federal Constitution their conduct and the validity of the their proceedings may nevertheless be outside the jurisdiction of the courts.”
She said the doctrine of separation of powers means the judiciary could not interfere in the workings of Parliament or the state legislative assemblies.
Ambiga said in a faxed statement to the media that this also means that there should be no Executive influence in the workings of Parliament and state legislative assemblies.
“We say this as it has been reported that there are attempts to lodge police reports against the speaker of the Perak state assembly, which would violate these provisions,” said Ambiga.
Ambiga said wrestling over the constitutional and legal issues would not solve the political problem in Perak.
“Going back to the people of Perak will. We urge the parties involved to seriously consider doing so, not only in the interest of the people of Perak but also in the interest of stability and the nation as a whole,” she said.
Perak speaker: Zambry, excos will be removed - Star
Feb 19, 2009
IPOH: Mentri Besar Datuk Dr Zambry Abd Kadir and all six state executive council members will be removed from the State Legislative Assembly if any of them turn up for the next sitting.
Speaker V. Sivakumar confirmed this by SMS, adding that no date had been fixed yet for the next sitting.
It is understood, however, that the sitting will be in April as the last assembly sitting was in November last year.
“They refused to give any statement yesterday,” Sivakumar said in response to Dr Zambry accusing him of lying about failing to give any satisfactory explanation to the Rights and Privileges Committee during the inquiry on Wednesday afternoon.
“I suspended them from attending the assembly for contempt,” Sivakumar added, declining to comment further without legal advice.
On Wednesday, Sivakumar who heads the Rights and Privileges Committee suspended and barred the seven from the state assembly. Following the announcement, at least one exco member, Mohammad Zahir Abdul Khalid, said he would attend the state assembly as he was still an elected representative.
On Thursday, state Health, Local Government, Consumer Affairs, Environment, Public Transportation and Non-Islamic Affairs Committee chairman Dr Mah Hang Soon also said he would turn up.
“I see no reason why I shouldn’t attend, I will go. I think the Speaker has acted out of his jurisdiction,” Dr Mah said.
Kedah speaker: Sivakumar has the right to suspend Zambry
ALOR SETAR: Kedah State Legislative Assembly Speaker Datuk Dr Abdul Isa Ismail defended his Perak Pakatan Rakyat counterpart, saying the Speaker had the right to suspend anyone who showed contempt to the House.
“My Perak counterpart, V. Sivakumar, was within his right to suspend Perak Mentri Besar Datuk Dr Zambry Abd Kadir and the state exco members from the state assembly for 18 months and 12 months respectively.
“A speaker has the highest power within the context of the House. He can take action as he deems fit to protect the House,” he said when met by reporters after attending the opening of Wisma Darulaman’s new block on Thursday.
Dr Abdul Isa was commenting on a report that quoted Sivakumar as saying that he has barred Dr Zambry and all six Perak state executive council members for showing contempt for the House.
When asked about the implication of Sivakumar’s action, he said many things could happen, for example, if a motion needed to be passed, the Pakatan Rakyat would have the upper hand as their number was as big as that of the Barisan Nasional’s.
Parliament: I wouldn’t have dared, says Pandikar
By SIM LEOI LEOI
KUALA LUMPUR: “If I were him, I would not have dared to do it” - that was what Parliament Speaker Tan Sri Pandikar Amin had to say on the situation in Perak.
Pandikar, who was mobbed for his comments the moment he stepped out from the Dewan Rakyat here Thursday, said that as the Speaker for the Perak state assembly, V. Sivakumar should know what he was doing when he decided to suspend the mentri besar and the six executive council members.
Sivakumar on Wednesday suspended and barred Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his entire exco from the state assembly for 18 and 12 months respectively.
“He is the Speaker for that state assembly and I will leave the matter for him to decide. But if I were him, I would not have dared to do such a thing.
“That’s enough for now,” Pandikar told reporters.
Earlier, Deputy Speaker Datuk Dr Wan Junaidi Tuanku Jaafar said he had studied the matter seriously and had reached the conclusion that the decision by the Committee of Special Privileges to suspend the mentri besar and other exco members was not valid.
“The rules for the state assembly is almost like those of our Standing Orders. Under the Standing Order, members of the committee should reflect the party’s composition in the House.
“When Pakatan Rakyat was the state government, it did not reflect this composition because there was only one Barisan MP present.
“And when the new mentri besar was appointed, he should have reconvened a new committee to reflect this composition. So, as it is, the committee itself is not valid and thus, any decision it makes is also not valid,” he said.
Dr Wan Junaidi, who is a lawyer by profession, also said that any decision by the committee should be reported in writing to the assembly without first divulging it to the media.
“It is only when the assembly has approved the report that the decision becomes final. Similarly, members who have conflict of interest shouldn’t have sat on the committee.
“I remembered when a complaint arose against Bukit Gelugor MP Karpal Singh’s conduct against the Speaker last year; the latter asked for the matter to be chaired by another person,” he said.
Asked who could declare the decision by the committee to be “invalid,” Dr Wan Junaidi said the matter could be brought to the court.
“However, if the court says it has no jurisdiction, then it should go back to the House,” he said.
Zambry: ‘Has Sivakumar acted according to the rules?’
PANGKOR: Perak Mentri Besar Datuk Dr Zambry Abd Kadir has challenged state Assembly Speaker V. Sivakumar to prove that suspending him had been done in accordance with the rules.
“He (Sivakumar) should check whether it had been right for him to do that,” Dr Zambry told reporters after a fishermen, livestock breeders and farmers programme on Thursday.
He accused Sivakumar, who heads the state’s Rights and Privileges Committee, of misusing his powers and acting beyond his jurisdiction.
On Sivakumar’s statement that he had failed to give any explanation to the inquiry by the committee, Dr Zambry again said: “That is a total lie.”
However, Dr Zambry appeared guarded when reporters tried to press him for comments after the function.
Asked if he would lodge a police report on the advice of Prime Minister Datuk Seri Abdullah Ahmad Badawi, Dr Zambry said:
“Oh! We will definitely act according to the law. We are not acting on our whims and fancies.”
On Sivakumar saying that he and his exco members would be removed if they attend the next assembly sitting, Dr Zambry said:
“Well, we will act according to the law.”
To a question on whether he would move a motion during the assembly sitting, he said: “Do not anticipate anything right now.”
“What is important is that he (Sivakumar) has done what he has done and he needs to check if it was right.
“My main concern now is to work for the people as the mentri besar.”
Earlier, Dr Zambry told reporters at the state secretariat in Ipoh that this was all a “game” by Pakatan Rakyat, adding that they would take necessary action against Sivakumar.
He said he had attended the two-day inquiry out of respect to the Speaker, and urged the people not to worry as the government remained stable and intact.
Meanwhile, attempts to contact state legal adviser Datuk Ahmad Kamal Md Shahid has been futile.
PM tells Zambry to lodge police report against speaker
PUTRAJAYA: Datuk Seri Abdullah Ahmad Badawi has asked Perak Mentri Besar Datuk Dr Zambry Abd Kadir to lodge a police report against state assembly speaker V. Sivakumar.
The Prime Minister said he had spoken to Dr Zambry about his suspension and was of the opinion that he should lodge a police report, adding that the mentri besar “was of the same opinion.”
On Wednesday, Dr Zambry and all six state executive council members were suspended and barred from the state assembly for allegedly showing contempt for the House. Dr Zambry was suspended for 18 months, the others for 12 months each.
Sivakumar, who heads the Committee of Special Privileges that summoned the seven to answer to a complaint, made the order on grounds that they had failed to give any explanation.
Abdullah told Dr Zambry and his exco to “continue attending the state assembly, and to serve the state and its people.”
IPOH: Mentri Besar Datuk Dr Zambry Abd Kadir and all six state executive council members will be removed from the State Legislative Assembly if any of them turn up for the next sitting.
Speaker V. Sivakumar confirmed this by SMS, adding that no date had been fixed yet for the next sitting.
It is understood, however, that the sitting will be in April as the last assembly sitting was in November last year.
“They refused to give any statement yesterday,” Sivakumar said in response to Dr Zambry accusing him of lying about failing to give any satisfactory explanation to the Rights and Privileges Committee during the inquiry on Wednesday afternoon.
“I suspended them from attending the assembly for contempt,” Sivakumar added, declining to comment further without legal advice.
On Wednesday, Sivakumar who heads the Rights and Privileges Committee suspended and barred the seven from the state assembly. Following the announcement, at least one exco member, Mohammad Zahir Abdul Khalid, said he would attend the state assembly as he was still an elected representative.
On Thursday, state Health, Local Government, Consumer Affairs, Environment, Public Transportation and Non-Islamic Affairs Committee chairman Dr Mah Hang Soon also said he would turn up.
“I see no reason why I shouldn’t attend, I will go. I think the Speaker has acted out of his jurisdiction,” Dr Mah said.
Kedah speaker: Sivakumar has the right to suspend Zambry
ALOR SETAR: Kedah State Legislative Assembly Speaker Datuk Dr Abdul Isa Ismail defended his Perak Pakatan Rakyat counterpart, saying the Speaker had the right to suspend anyone who showed contempt to the House.
“My Perak counterpart, V. Sivakumar, was within his right to suspend Perak Mentri Besar Datuk Dr Zambry Abd Kadir and the state exco members from the state assembly for 18 months and 12 months respectively.
“A speaker has the highest power within the context of the House. He can take action as he deems fit to protect the House,” he said when met by reporters after attending the opening of Wisma Darulaman’s new block on Thursday.
Dr Abdul Isa was commenting on a report that quoted Sivakumar as saying that he has barred Dr Zambry and all six Perak state executive council members for showing contempt for the House.
When asked about the implication of Sivakumar’s action, he said many things could happen, for example, if a motion needed to be passed, the Pakatan Rakyat would have the upper hand as their number was as big as that of the Barisan Nasional’s.
Parliament: I wouldn’t have dared, says Pandikar
By SIM LEOI LEOI
KUALA LUMPUR: “If I were him, I would not have dared to do it” - that was what Parliament Speaker Tan Sri Pandikar Amin had to say on the situation in Perak.
Pandikar, who was mobbed for his comments the moment he stepped out from the Dewan Rakyat here Thursday, said that as the Speaker for the Perak state assembly, V. Sivakumar should know what he was doing when he decided to suspend the mentri besar and the six executive council members.
Sivakumar on Wednesday suspended and barred Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his entire exco from the state assembly for 18 and 12 months respectively.
“He is the Speaker for that state assembly and I will leave the matter for him to decide. But if I were him, I would not have dared to do such a thing.
“That’s enough for now,” Pandikar told reporters.
Earlier, Deputy Speaker Datuk Dr Wan Junaidi Tuanku Jaafar said he had studied the matter seriously and had reached the conclusion that the decision by the Committee of Special Privileges to suspend the mentri besar and other exco members was not valid.
“The rules for the state assembly is almost like those of our Standing Orders. Under the Standing Order, members of the committee should reflect the party’s composition in the House.
“When Pakatan Rakyat was the state government, it did not reflect this composition because there was only one Barisan MP present.
“And when the new mentri besar was appointed, he should have reconvened a new committee to reflect this composition. So, as it is, the committee itself is not valid and thus, any decision it makes is also not valid,” he said.
Dr Wan Junaidi, who is a lawyer by profession, also said that any decision by the committee should be reported in writing to the assembly without first divulging it to the media.
“It is only when the assembly has approved the report that the decision becomes final. Similarly, members who have conflict of interest shouldn’t have sat on the committee.
“I remembered when a complaint arose against Bukit Gelugor MP Karpal Singh’s conduct against the Speaker last year; the latter asked for the matter to be chaired by another person,” he said.
Asked who could declare the decision by the committee to be “invalid,” Dr Wan Junaidi said the matter could be brought to the court.
“However, if the court says it has no jurisdiction, then it should go back to the House,” he said.
Zambry: ‘Has Sivakumar acted according to the rules?’
PANGKOR: Perak Mentri Besar Datuk Dr Zambry Abd Kadir has challenged state Assembly Speaker V. Sivakumar to prove that suspending him had been done in accordance with the rules.
“He (Sivakumar) should check whether it had been right for him to do that,” Dr Zambry told reporters after a fishermen, livestock breeders and farmers programme on Thursday.
He accused Sivakumar, who heads the state’s Rights and Privileges Committee, of misusing his powers and acting beyond his jurisdiction.
On Sivakumar’s statement that he had failed to give any explanation to the inquiry by the committee, Dr Zambry again said: “That is a total lie.”
However, Dr Zambry appeared guarded when reporters tried to press him for comments after the function.
Asked if he would lodge a police report on the advice of Prime Minister Datuk Seri Abdullah Ahmad Badawi, Dr Zambry said:
“Oh! We will definitely act according to the law. We are not acting on our whims and fancies.”
On Sivakumar saying that he and his exco members would be removed if they attend the next assembly sitting, Dr Zambry said:
“Well, we will act according to the law.”
To a question on whether he would move a motion during the assembly sitting, he said: “Do not anticipate anything right now.”
“What is important is that he (Sivakumar) has done what he has done and he needs to check if it was right.
“My main concern now is to work for the people as the mentri besar.”
Earlier, Dr Zambry told reporters at the state secretariat in Ipoh that this was all a “game” by Pakatan Rakyat, adding that they would take necessary action against Sivakumar.
He said he had attended the two-day inquiry out of respect to the Speaker, and urged the people not to worry as the government remained stable and intact.
Meanwhile, attempts to contact state legal adviser Datuk Ahmad Kamal Md Shahid has been futile.
PM tells Zambry to lodge police report against speaker
PUTRAJAYA: Datuk Seri Abdullah Ahmad Badawi has asked Perak Mentri Besar Datuk Dr Zambry Abd Kadir to lodge a police report against state assembly speaker V. Sivakumar.
The Prime Minister said he had spoken to Dr Zambry about his suspension and was of the opinion that he should lodge a police report, adding that the mentri besar “was of the same opinion.”
On Wednesday, Dr Zambry and all six state executive council members were suspended and barred from the state assembly for allegedly showing contempt for the House. Dr Zambry was suspended for 18 months, the others for 12 months each.
Sivakumar, who heads the Committee of Special Privileges that summoned the seven to answer to a complaint, made the order on grounds that they had failed to give any explanation.
Abdullah told Dr Zambry and his exco to “continue attending the state assembly, and to serve the state and its people.”
Wednesday, February 18, 2009
Crisis looms: Perak MB, 6 excos suspended - Malaysiakini
Feb 18, 09 6:57pm
The Perak state assembly's special privileges committee today suspended the state's newly-minted menteri besar Zambry Abdul Kadir and all his six executive councillors.
The decision was announced by Perak state assembly speaker V Sivakumar after the committee's inquiry proceeding in Ipoh this afternoon.
Zambry was slapped with an 18-month suspension while the excos have been suspended for 12 months.
The latest development plunges Perak into another crisis following BN's seizure of the state government two weeks ago.
Sivakumar, a DAP state assemblyperson, is still the Perak speaker as the BN government has yet to convene the state assembly to replace him with one of their own.
In a statement to the media, Sivakumar said the decision was reached because the seven had failed to provide an explanation for their contempt of the state assembly by declaring themselves menteri besar and excos.
"I have decided to bar Datuk Zambry with immediate effect from attending any assembly session for the next 18 months and the six exco members have also been barred for 12 months," read the four-paragraph statement.
The inquiry was convened after Wong Kah Woh (DAP-Canning) had last Thursday made an official complaint.
The numbers tilt again
By suspending seven of the BN's 28 state assemblypersons, the numbers have again tilted back to the former Pakatan Rakyat government.
Should the state assembly be reconvened now, it is almost certain that the seven suspended representatives would not be allowed into the assembly, allowing Pakatan to have an edge of 28 seats against BN's 24.
The suspension means that while BN can technically continue to rule, it cannot convene a meeting of a state assembly for fear that Pakatan would move a vote of no confidence against the government.
Should that be passed, then the assembly could be dissolved paving the way for a state-wide snap elections.
Contacted later, prominent lawyer Benjamin Dawson said the current situation is a result of the unresolved political turmoil in the state.
By convention, he said Malaysians will have to wait for the court decision on the suit filed by Pakatan Rakyat's ousted menteri besar Mohd Nizar Jamaluddin challenging Zambry's appointment.
He said unless the court rules in Nizar's favour, Zambry is presumed to be menteri besar.
"There is no question of him (Zambry) not being given access to the legislature (state legislative assembly). It is a matter of debate," he said when contacted by Malaysiakini.
"This is not a constitutional crisis but it involves the tactical aspect in politics. Nizar has sought to declare Zambry's appointment unlawful under Article 16 of the Perak constitution and there is basis."
According to Dawson, the best option to unlock the current stalemate would be to dissolve the state assembly and hold a fresh state election.
But this, he added, must have the sultan's consent.
Respect people's will and power
However, Transparency International Malaysia chairperson Ramon Navaratnam said this is "certainly a constitutional crisis" and seemed to be a plan to bring back the opposition to power.
"This is why all these irregularities and contradictory decisions underscore the importance of a democracy which is to respect the will and power of the people.
"Power comes from the people and leaders should be elected and dismissed by the people. All decisions on the constitutionality of any government should rely on the people," he told Malaysiakini.
Ramon said when the crisis started early this month, the right and proper way was to call for fresh elections.
"A full scale election should be held to show that democracy is at work. Government and legislature must be held accountable for its action. People have the sovereign right to exercise their democratic right in this scenario," he added.
More news at: www.malaysiakini.com
The Perak state assembly's special privileges committee today suspended the state's newly-minted menteri besar Zambry Abdul Kadir and all his six executive councillors.
The decision was announced by Perak state assembly speaker V Sivakumar after the committee's inquiry proceeding in Ipoh this afternoon.
Zambry was slapped with an 18-month suspension while the excos have been suspended for 12 months.
The latest development plunges Perak into another crisis following BN's seizure of the state government two weeks ago.
Sivakumar, a DAP state assemblyperson, is still the Perak speaker as the BN government has yet to convene the state assembly to replace him with one of their own.
In a statement to the media, Sivakumar said the decision was reached because the seven had failed to provide an explanation for their contempt of the state assembly by declaring themselves menteri besar and excos.
"I have decided to bar Datuk Zambry with immediate effect from attending any assembly session for the next 18 months and the six exco members have also been barred for 12 months," read the four-paragraph statement.
The inquiry was convened after Wong Kah Woh (DAP-Canning) had last Thursday made an official complaint.
The numbers tilt again
By suspending seven of the BN's 28 state assemblypersons, the numbers have again tilted back to the former Pakatan Rakyat government.
Should the state assembly be reconvened now, it is almost certain that the seven suspended representatives would not be allowed into the assembly, allowing Pakatan to have an edge of 28 seats against BN's 24.
The suspension means that while BN can technically continue to rule, it cannot convene a meeting of a state assembly for fear that Pakatan would move a vote of no confidence against the government.
Should that be passed, then the assembly could be dissolved paving the way for a state-wide snap elections.
Contacted later, prominent lawyer Benjamin Dawson said the current situation is a result of the unresolved political turmoil in the state.
By convention, he said Malaysians will have to wait for the court decision on the suit filed by Pakatan Rakyat's ousted menteri besar Mohd Nizar Jamaluddin challenging Zambry's appointment.
He said unless the court rules in Nizar's favour, Zambry is presumed to be menteri besar.
"There is no question of him (Zambry) not being given access to the legislature (state legislative assembly). It is a matter of debate," he said when contacted by Malaysiakini.
"This is not a constitutional crisis but it involves the tactical aspect in politics. Nizar has sought to declare Zambry's appointment unlawful under Article 16 of the Perak constitution and there is basis."
According to Dawson, the best option to unlock the current stalemate would be to dissolve the state assembly and hold a fresh state election.
But this, he added, must have the sultan's consent.
Respect people's will and power
However, Transparency International Malaysia chairperson Ramon Navaratnam said this is "certainly a constitutional crisis" and seemed to be a plan to bring back the opposition to power.
"This is why all these irregularities and contradictory decisions underscore the importance of a democracy which is to respect the will and power of the people.
"Power comes from the people and leaders should be elected and dismissed by the people. All decisions on the constitutionality of any government should rely on the people," he told Malaysiakini.
Ramon said when the crisis started early this month, the right and proper way was to call for fresh elections.
"A full scale election should be held to show that democracy is at work. Government and legislature must be held accountable for its action. People have the sovereign right to exercise their democratic right in this scenario," he added.
More news at: www.malaysiakini.com
Perak Speaker has suspension powers, says legal expert - Malaysian Insider
By Debra Chong
KUALA LUMPUR, Feb 18 — The Perak Speaker acted within his powers when he barred Menteri Besar Datuk Zambry Abdul Kadir and six executive councillors from the next sitting of the state legislature, in the latest move arising from the constitutional crisis in Perak, said a law expert today.
Abdul Aziz Bari, a law professor at the International Islamic University here, told The Malaysian Insider that the Speaker’s authority covers a very wide area in matters involving the assembly’s regulations.
“That includes the finality on the interpretation of provisions in the Standing Orders, the rules which govern the House,” he said.
Veteran lawyer, Karpal Singh, concurred.
Karpal, who is also the DAP chairman, said that while V Sivakumar is a first-term Speaker, he is absolutely within his rights to act as he did today.
Earlier today, Sivakumar announced that Zambry would not be allowed to take part in the state assembly’s proceedings for the next 18 months, following a probe by the state assembly’s Special Privileges Committee.
Sivakumar added that six other BN state lawmakers would also not be allowed in for the next 12 months.
The committee had acted following complaints that the seven state assemblymen were appointed unconstitutionally.
Abdul Aziz observed that at the federal level, the Speaker of the Dewan Rakyat has previously made some “absurd and illogical decisions — rejecting motions and suspending members, among others”.
“Now it is the turn of the BN to taste that,” he noted.
Pakatan Rakyat’s (PR) Datuk Seri Mohammad Nizar Jamaluddin maintains he is still the lawful menteri besar of Perak as he has neither resigned from his post nor has he been voted out by the majority of assemblymen in the state legislative assembly.
His civil suit against Zambry, filed last Friday challenging the Pangkor assemblyman for usurping his authority, was heard this morning at the High Court here.
Abdul Aziz said that Nizar has a right to stake his claim in court as it is based on the “dubious position of Zambry’s government”.
He added that the state government “owes its position” to the majority in the legislative assembly.
“This is the problem as we are not sure whether Zambry’s got that,” the professor said.
KUALA LUMPUR, Feb 18 — The Perak Speaker acted within his powers when he barred Menteri Besar Datuk Zambry Abdul Kadir and six executive councillors from the next sitting of the state legislature, in the latest move arising from the constitutional crisis in Perak, said a law expert today.
Abdul Aziz Bari, a law professor at the International Islamic University here, told The Malaysian Insider that the Speaker’s authority covers a very wide area in matters involving the assembly’s regulations.
“That includes the finality on the interpretation of provisions in the Standing Orders, the rules which govern the House,” he said.
Veteran lawyer, Karpal Singh, concurred.
Karpal, who is also the DAP chairman, said that while V Sivakumar is a first-term Speaker, he is absolutely within his rights to act as he did today.
Earlier today, Sivakumar announced that Zambry would not be allowed to take part in the state assembly’s proceedings for the next 18 months, following a probe by the state assembly’s Special Privileges Committee.
Sivakumar added that six other BN state lawmakers would also not be allowed in for the next 12 months.
The committee had acted following complaints that the seven state assemblymen were appointed unconstitutionally.
Abdul Aziz observed that at the federal level, the Speaker of the Dewan Rakyat has previously made some “absurd and illogical decisions — rejecting motions and suspending members, among others”.
“Now it is the turn of the BN to taste that,” he noted.
Pakatan Rakyat’s (PR) Datuk Seri Mohammad Nizar Jamaluddin maintains he is still the lawful menteri besar of Perak as he has neither resigned from his post nor has he been voted out by the majority of assemblymen in the state legislative assembly.
His civil suit against Zambry, filed last Friday challenging the Pangkor assemblyman for usurping his authority, was heard this morning at the High Court here.
Abdul Aziz said that Nizar has a right to stake his claim in court as it is based on the “dubious position of Zambry’s government”.
He added that the state government “owes its position” to the majority in the legislative assembly.
“This is the problem as we are not sure whether Zambry’s got that,” the professor said.
Sivakumar's action a joke, says Nazri - Sun
KUALA LUMPUR ( Feb 18 , 2009):
Describing the move by Perak State Legislative Assembly Speaker V. Sivakumar as a joke, Minister in the Prime Minister's Department Datuk Seri Nazri Aziz(pix) said the former was making a mockery of the Perak State Assembly.
He said the whole episode was a "comedy" because the decision by Sivakumar was "very ridiculous".
In an unprecendented move, Sivakumar today suspended Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his executive council members from attending the State Legislative Assembly for a lengthy period.
The latest twist to the Perak political saga came after the State Speaker ruled that Zambry and the six executive councillors were in contempt of the assembly.
Zambry was barred from attending the State ssembly for 18 months while his executive council members were barred 12 months, effective today.
"The Speaker took it upon himself to become judge and jury when he has no jurisdiction at all. This is really a joke and a mockery of the whole episode," Nazri told a press conference at the Parliament building, here today.
"But I feel that this must be stopped. Barisan Nasional state assembly members should take to court to resolve the stalemate to clarify the situation," he said. -- BERNAMA
Describing the move by Perak State Legislative Assembly Speaker V. Sivakumar as a joke, Minister in the Prime Minister's Department Datuk Seri Nazri Aziz(pix) said the former was making a mockery of the Perak State Assembly.
He said the whole episode was a "comedy" because the decision by Sivakumar was "very ridiculous".
In an unprecendented move, Sivakumar today suspended Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his executive council members from attending the State Legislative Assembly for a lengthy period.
The latest twist to the Perak political saga came after the State Speaker ruled that Zambry and the six executive councillors were in contempt of the assembly.
Zambry was barred from attending the State ssembly for 18 months while his executive council members were barred 12 months, effective today.
"The Speaker took it upon himself to become judge and jury when he has no jurisdiction at all. This is really a joke and a mockery of the whole episode," Nazri told a press conference at the Parliament building, here today.
"But I feel that this must be stopped. Barisan Nasional state assembly members should take to court to resolve the stalemate to clarify the situation," he said. -- BERNAMA
Perak speaker bars Zambry, excos from assembly sittings - Star
Feb 18, 2009 By CLARA CHOOI
Sivakumar speaks to reporters after the state assembly’s Rights and Privileges Committee decided to suspend Zambry and his six exco members.
IPOH: Perak Speaker V. Sivakumar has barred Mentri Besar Datuk Dr Zambry Abd Kadir from from attending all State Assembly sittings for 18 months
Dr Zambry's six exco members have been barred for 12 months, Sivakumar said on Wednesday.
Sivakumar, in a statement, said the seven had failed to give any explanation during Wednesday’s inquiry into a complaint that they had shown contempt for the House.
“Dr Zambry and the six exco members have failed and did not give any explanation to the committee.
“They failed to offer any explanation on their actions of contempt for the House and hence have been found guilty as charged,” it said.
“I (Sivakumar) have decided that Dr Zambry is, with immediate effect, suspended and barred from attending State Assembly sessions for 18 months while the six exco members are barred for 12 months,” the statement added.
The drama unfolded at 2.55pm when the seven appeared for the inquiry before the state’s Committee of Special Privileges, chaired by Sivakumar, at the State Secretariat.
During the meeting however, the sole Barisan Nasional representative in the seven-member committee, Datuk Hasbullah Osman, was absent.
It is learnt that efforts by the other Pakatan Rakyat committee members to contact the latter were futile.
A cheerful Dr Zambry and his six-member exco panel entered the meeting room for about 30 minutes and exited later without speaking to the press.
“I was summoned yesterday and I am here again today,” Dr Zambry joked to reporters as he entered.
On Tuesday, Dr Zambry and two reporters were summoned before the committee to give statements on the former’s statement in newspapers on Sivakumar’s conduct.
An exco member later revealed that the inquiry had gone on smoothly and without the exchange of heated arguments.
“Dr Zambry made his objection to the committee. There was no question and answer session.
“It was cordial and professional. After all, we are all grown-ups,” said the exco member.
Canning assemblyman Wong Kah Woh, who was the complainant in the matter, told pressmen that he had presented his case before the committee.
“I presented my complaint that Dr Zambry and his six ‘false’ excos had shown contempt for the House when they were sworn into the Assembly via unconstitutional means,” he said.
After Dr Zambry and his excos left, the committee convened its closed-door meeting until 5.05pm before Sivakumar left for his office.
At about 6.20pm, an aide distributed a press statement signed by Sivakumar, announcing that Dr Zambry and his exco members had been barred from the assembly.
The exco members are Dr Mah Hang Soon (Chenderiang), Datuk Ramly Zahari (Manong), Zainol Fadzi Paharuddin (Sungai Manik), Mohd Zahir Abdul Khalid (Kamunting), Hamidah Osman (Sungai Rapat), Datuk Saarani Mohamad (Kota Tampan).
After the statement was distributed, Sivakumar rushed away from reporters who chased after him for further details.
When pressed whether the Speaker had such powers to bar assemblymen without first bringing the matter to the House, Sivakumar said:
“I will notify the House.” He later left without another word.
Sivakumar speaks to reporters after the state assembly’s Rights and Privileges Committee decided to suspend Zambry and his six exco members.
IPOH: Perak Speaker V. Sivakumar has barred Mentri Besar Datuk Dr Zambry Abd Kadir from from attending all State Assembly sittings for 18 months
Dr Zambry's six exco members have been barred for 12 months, Sivakumar said on Wednesday.
Sivakumar, in a statement, said the seven had failed to give any explanation during Wednesday’s inquiry into a complaint that they had shown contempt for the House.
“Dr Zambry and the six exco members have failed and did not give any explanation to the committee.
“They failed to offer any explanation on their actions of contempt for the House and hence have been found guilty as charged,” it said.
“I (Sivakumar) have decided that Dr Zambry is, with immediate effect, suspended and barred from attending State Assembly sessions for 18 months while the six exco members are barred for 12 months,” the statement added.
The drama unfolded at 2.55pm when the seven appeared for the inquiry before the state’s Committee of Special Privileges, chaired by Sivakumar, at the State Secretariat.
During the meeting however, the sole Barisan Nasional representative in the seven-member committee, Datuk Hasbullah Osman, was absent.
It is learnt that efforts by the other Pakatan Rakyat committee members to contact the latter were futile.
A cheerful Dr Zambry and his six-member exco panel entered the meeting room for about 30 minutes and exited later without speaking to the press.
“I was summoned yesterday and I am here again today,” Dr Zambry joked to reporters as he entered.
On Tuesday, Dr Zambry and two reporters were summoned before the committee to give statements on the former’s statement in newspapers on Sivakumar’s conduct.
An exco member later revealed that the inquiry had gone on smoothly and without the exchange of heated arguments.
“Dr Zambry made his objection to the committee. There was no question and answer session.
“It was cordial and professional. After all, we are all grown-ups,” said the exco member.
Canning assemblyman Wong Kah Woh, who was the complainant in the matter, told pressmen that he had presented his case before the committee.
“I presented my complaint that Dr Zambry and his six ‘false’ excos had shown contempt for the House when they were sworn into the Assembly via unconstitutional means,” he said.
After Dr Zambry and his excos left, the committee convened its closed-door meeting until 5.05pm before Sivakumar left for his office.
At about 6.20pm, an aide distributed a press statement signed by Sivakumar, announcing that Dr Zambry and his exco members had been barred from the assembly.
The exco members are Dr Mah Hang Soon (Chenderiang), Datuk Ramly Zahari (Manong), Zainol Fadzi Paharuddin (Sungai Manik), Mohd Zahir Abdul Khalid (Kamunting), Hamidah Osman (Sungai Rapat), Datuk Saarani Mohamad (Kota Tampan).
After the statement was distributed, Sivakumar rushed away from reporters who chased after him for further details.
When pressed whether the Speaker had such powers to bar assemblymen without first bringing the matter to the House, Sivakumar said:
“I will notify the House.” He later left without another word.
Court sets Monday for mention of legal battle initiated by Perak's ex-MB - NST
Feb 18, 2009
KUALA LUMPUR, Wed.:
The High Court has fixed Monday for mention to consider three issues that cropped up on the first day of the legal battle initiated by Datuk Seri Mohammad Nizar Jamaluddin, who is challenging Datuk Dr Zambry Abdul Kadir's appointment as the Perak Menteri Besar.
The three issues are on whether Judicial Commissioner Mohamad Ariff Md Yusof should recuse himself from hearing the suit, on whether the case should be referred to the Federal Court for determination of questions of law and on the standing of Perak state legal advisor Datuk Ahmad Kamal Md Shahid to represent Dr Zambry in the suit.
Mohamad Ariff fixed the date after senior federal counsel See Mee Chun informed the court that she needed to take instructions on the Attorney-General Chambers' stand on the three issues.
The case was fixed for mention today after Mohammad Nizar filed the suit last Friday. Present in court was Mohammad Nizar, represented by a team of eight lawyers led by Sulaiman Abdullah.
Dr Zambry was represented by Ahmad Kamal while See appeared for the Attorney-General's Chambers and Datuk Mohd Hafarizam Harun is counsel holding a watching brief for Umno.
Mohammad Nizar is seeking a judicial review to declare him as the legitimate Mentri Besar and for an injunction to stop Dr Zambry or his agents from carrying out the duties and functions of the Mentri Besar.
KUALA LUMPUR, Wed.:
The High Court has fixed Monday for mention to consider three issues that cropped up on the first day of the legal battle initiated by Datuk Seri Mohammad Nizar Jamaluddin, who is challenging Datuk Dr Zambry Abdul Kadir's appointment as the Perak Menteri Besar.
The three issues are on whether Judicial Commissioner Mohamad Ariff Md Yusof should recuse himself from hearing the suit, on whether the case should be referred to the Federal Court for determination of questions of law and on the standing of Perak state legal advisor Datuk Ahmad Kamal Md Shahid to represent Dr Zambry in the suit.
Mohamad Ariff fixed the date after senior federal counsel See Mee Chun informed the court that she needed to take instructions on the Attorney-General Chambers' stand on the three issues.
The case was fixed for mention today after Mohammad Nizar filed the suit last Friday. Present in court was Mohammad Nizar, represented by a team of eight lawyers led by Sulaiman Abdullah.
Dr Zambry was represented by Ahmad Kamal while See appeared for the Attorney-General's Chambers and Datuk Mohd Hafarizam Harun is counsel holding a watching brief for Umno.
Mohammad Nizar is seeking a judicial review to declare him as the legitimate Mentri Besar and for an injunction to stop Dr Zambry or his agents from carrying out the duties and functions of the Mentri Besar.
Nizar vs Zambry: Judge offers to recuse himself - Star
Feb 18, 2009
KUALA LUMPUR: High Court Judicial Commissioner Mohamad Arif Md Yusof has offered to recuse himself from hearing the lawsuit filed by former Perak mentri besar Datuk Seri Mohd Nizar Jamaluddin against his successor Datuk Dr Zambry Abdul Kadir.
Pix courtesy of Malaysiakini
The suit was filed after the Pakatan Rakyat government lost the state to Barisan Nasional with the resignation of three assemblymen from their parties, and the defection of a fourth.
Nizar wants the court, by way of judicial review, to declare him the legitimate mentri besar and for an injunction to stop Dr Zambry or his agents from carrying out the duties and functions of the mentri besar.
At the onset of the proceedings Wednesday, Mohamad Arif said he has been a legal advisor and counsel for PAS on a number of election petition cases. Nizar is a member of PAS, which together with PKR and DAP, makes up the Pakatan alliance.
“I have also been involved in PAS legal matters from time to time, and have advised PKR on legal issues,” Mohamad Arif said.
“I have also acted for Barisan in an election petition in Sarawak,” he added.
“I tend to think that to preserve justice and the integrity of the institution, perhaps I should recuse myself from hearing this matter,” he said.
He set Feb 23 for counsel from both sides to brief him on whether they had any objection to him hearing the matter, as well as on two other issues:
First, whether the matter should be referred to the Federal Court over the question of law for determination and finality, over intepretation of Article 16(6) of the Perak Constitution.
Second, on the standing of Perak’s state legal advisor Datuk Ahmad Kamal Md Shahid acting as counsel for the respondent since Dr Zambry is being sued in his personal capacity.
The five-page suit, filed last Friday, also asks for “punitive, aggravated and exemplary” damages to be awarded to Nizar.
KUALA LUMPUR: High Court Judicial Commissioner Mohamad Arif Md Yusof has offered to recuse himself from hearing the lawsuit filed by former Perak mentri besar Datuk Seri Mohd Nizar Jamaluddin against his successor Datuk Dr Zambry Abdul Kadir.
Pix courtesy of Malaysiakini
The suit was filed after the Pakatan Rakyat government lost the state to Barisan Nasional with the resignation of three assemblymen from their parties, and the defection of a fourth.
Nizar wants the court, by way of judicial review, to declare him the legitimate mentri besar and for an injunction to stop Dr Zambry or his agents from carrying out the duties and functions of the mentri besar.
At the onset of the proceedings Wednesday, Mohamad Arif said he has been a legal advisor and counsel for PAS on a number of election petition cases. Nizar is a member of PAS, which together with PKR and DAP, makes up the Pakatan alliance.
“I have also been involved in PAS legal matters from time to time, and have advised PKR on legal issues,” Mohamad Arif said.
“I have also acted for Barisan in an election petition in Sarawak,” he added.
“I tend to think that to preserve justice and the integrity of the institution, perhaps I should recuse myself from hearing this matter,” he said.
He set Feb 23 for counsel from both sides to brief him on whether they had any objection to him hearing the matter, as well as on two other issues:
First, whether the matter should be referred to the Federal Court over the question of law for determination and finality, over intepretation of Article 16(6) of the Perak Constitution.
Second, on the standing of Perak’s state legal advisor Datuk Ahmad Kamal Md Shahid acting as counsel for the respondent since Dr Zambry is being sued in his personal capacity.
The five-page suit, filed last Friday, also asks for “punitive, aggravated and exemplary” damages to be awarded to Nizar.
Tuesday, February 17, 2009
Nizar to vacate MB's residence before Feb 27 deadline - Sun
By Humayun Kabir
IPOH (Feb 14, 2009) :
Former Perak Pakatan Rakyat mentri besar Datuk Seri Mohammad Nizar Jamaluddin(pix) will vacate his official residence much earlier than the deadline of Feb 27 set by the state secretary.
Nizar told theSun today he had received a written order from State Secretary Datuk Dr Abdul Rahman Hasim on Saturday to vacate the residence by Feb 27.
However, he said he will vacate the premises much earlier than that.
"Actually, I did not bring much of my family’s belongings when I took office as the mentri besar. I have moved most of the items out and only some personal belongings remain to be cleared."
Nizar intends to rent a house in Sungai Rokam, where four of his eight children are attending a religious school.
He said he will hold a ceramah before he moves out of the official residence but did not specify the date.
Nizar said he will continue to use his official car "as I am still legally the mentri besar of Perak" but said six of the 11 members of the Pakatan Rakyat state executive committee had left their official cars at his residence for the state secretary to collect.
The six are Datuk Ngeh Koo Ham (Sitiawan), Nga Kor Ming (Pantai Remis), A. Sivanesan (Sungkai), Seah Leong Peng (Pasir Bedamar), Chen Fook Chye ( Keranji) and Thomas Su Keong Siong (Pasir Pinji).
Contacted by theSun, Kuala Sepetang assemblyman Tai Sing Ng said that he and Lubok Merbau assemblyman Mohd Zainudin Mohd Yusof had left their official cars at the State Secretariat about a week ago and were using their own cars.
Tronoh assemblyman V. Sivakumar, who had declared that he is still the Perak State Assembly speaker, is still using his official car.
Former exco members Jamaluddin Mohd Razi (Behrang) and Mohd Osman Mohd Jaitu (Changat Jering), who had announced that they had become Independents, could not be reached for information about their official cars.
On the by-election for the Bukit Gantang parliamentary seat fixed for April 7, Nizar said the PAS Bukit Gantang division is preparing a list of potential candidates.
This list will be forwarded to the state PAS headquarters, which will shortlist the candidates, and forward it to their party headquarters for the final decision.
The Bukit Gantang parliamentary seat, which has 55,562 registered voters, fell vacant following the death of PAS's Roslan Shaharum of a heart attack on Feb 9.
Nizar said that out of the three state constituencies in Bukit Gantang, PAS has strong support in Changat Jering and Kuala Sepatang, which are PAS strongholds. The problem area is Trong, where PAS's influence will be tested in the by-election.
"The support from the Chinese and Indians for the Pakatan Rakyat is very good, but the same cannot be said of the Malay support because PR has no source of media coverage to reach out to them as the media is fully controlled by the Barisan Nasional government" he said, explaining why he will be launching a series of ceramah in the Malay areas to inform the Malays of the recent political crisis that brought down the PR state government.
Nizar added that the suit filed by the PR against Mentri Besar Datuk Dr Zambry Abdul Kadir and his six exco members will come up for mention at the Kuala Lumpur High Court tomorrow.
IPOH (Feb 14, 2009) :
Former Perak Pakatan Rakyat mentri besar Datuk Seri Mohammad Nizar Jamaluddin(pix) will vacate his official residence much earlier than the deadline of Feb 27 set by the state secretary.
Nizar told theSun today he had received a written order from State Secretary Datuk Dr Abdul Rahman Hasim on Saturday to vacate the residence by Feb 27.
However, he said he will vacate the premises much earlier than that.
"Actually, I did not bring much of my family’s belongings when I took office as the mentri besar. I have moved most of the items out and only some personal belongings remain to be cleared."
Nizar intends to rent a house in Sungai Rokam, where four of his eight children are attending a religious school.
He said he will hold a ceramah before he moves out of the official residence but did not specify the date.
Nizar said he will continue to use his official car "as I am still legally the mentri besar of Perak" but said six of the 11 members of the Pakatan Rakyat state executive committee had left their official cars at his residence for the state secretary to collect.
The six are Datuk Ngeh Koo Ham (Sitiawan), Nga Kor Ming (Pantai Remis), A. Sivanesan (Sungkai), Seah Leong Peng (Pasir Bedamar), Chen Fook Chye ( Keranji) and Thomas Su Keong Siong (Pasir Pinji).
Contacted by theSun, Kuala Sepetang assemblyman Tai Sing Ng said that he and Lubok Merbau assemblyman Mohd Zainudin Mohd Yusof had left their official cars at the State Secretariat about a week ago and were using their own cars.
Tronoh assemblyman V. Sivakumar, who had declared that he is still the Perak State Assembly speaker, is still using his official car.
Former exco members Jamaluddin Mohd Razi (Behrang) and Mohd Osman Mohd Jaitu (Changat Jering), who had announced that they had become Independents, could not be reached for information about their official cars.
On the by-election for the Bukit Gantang parliamentary seat fixed for April 7, Nizar said the PAS Bukit Gantang division is preparing a list of potential candidates.
This list will be forwarded to the state PAS headquarters, which will shortlist the candidates, and forward it to their party headquarters for the final decision.
The Bukit Gantang parliamentary seat, which has 55,562 registered voters, fell vacant following the death of PAS's Roslan Shaharum of a heart attack on Feb 9.
Nizar said that out of the three state constituencies in Bukit Gantang, PAS has strong support in Changat Jering and Kuala Sepatang, which are PAS strongholds. The problem area is Trong, where PAS's influence will be tested in the by-election.
"The support from the Chinese and Indians for the Pakatan Rakyat is very good, but the same cannot be said of the Malay support because PR has no source of media coverage to reach out to them as the media is fully controlled by the Barisan Nasional government" he said, explaining why he will be launching a series of ceramah in the Malay areas to inform the Malays of the recent political crisis that brought down the PR state government.
Nizar added that the suit filed by the PR against Mentri Besar Datuk Dr Zambry Abdul Kadir and his six exco members will come up for mention at the Kuala Lumpur High Court tomorrow.
Journos, new Perak MB summoned before committee - Perak
Feb 17, 2009
By SYLVIA LOOI
IPOH: Perak Mentri Besar Datuk Dr Zambry Abd Kadir and two journalists were summoned to appear before the state’s Committee of Special Privileges.
Dr Zambry, who turned up at state assembly speaker V. Sivakumar’s office at the State Secretariat here at 3.30pm Tuesday, left after 20 minutes and declined to reveal what was discussed.
Asked whether it was regarding a newspaper report, Zambry said:
“I can’t comment on that. I am here as a show of respect to the speaker.”
On whether he would attend the committee’s meeting Wednesday, before which he and his six newly sworn-in state executive councillors had been summoned to appear, Dr Zambry said:
“You will know tomorrow.”
Later, Sivakumar said Dr Zambry and the journalists from The Star and Sin Chew Daily were summoned to gather information related to a report which appeared in local dailies on Feb 15 on his conduct as a speaker.
“It is related to a comment made against the speaker and we are here to compile a report on the matter,” he said, adding that no decisions were made during the meeting.
He said Dr Zambry cooperated fully during the meeting.
The committee consist of five members from Pakatan Rakyat and one from Barisan Nasional, with Sivakumar as chairman.
By SYLVIA LOOI
IPOH: Perak Mentri Besar Datuk Dr Zambry Abd Kadir and two journalists were summoned to appear before the state’s Committee of Special Privileges.
Dr Zambry, who turned up at state assembly speaker V. Sivakumar’s office at the State Secretariat here at 3.30pm Tuesday, left after 20 minutes and declined to reveal what was discussed.
Asked whether it was regarding a newspaper report, Zambry said:
“I can’t comment on that. I am here as a show of respect to the speaker.”
On whether he would attend the committee’s meeting Wednesday, before which he and his six newly sworn-in state executive councillors had been summoned to appear, Dr Zambry said:
“You will know tomorrow.”
Later, Sivakumar said Dr Zambry and the journalists from The Star and Sin Chew Daily were summoned to gather information related to a report which appeared in local dailies on Feb 15 on his conduct as a speaker.
“It is related to a comment made against the speaker and we are here to compile a report on the matter,” he said, adding that no decisions were made during the meeting.
He said Dr Zambry cooperated fully during the meeting.
The committee consist of five members from Pakatan Rakyat and one from Barisan Nasional, with Sivakumar as chairman.
Saturday, February 14, 2009
Jelapang folk still furious with Hee - Malaysiakini
Lee Way Loon | Feb 14, 09 12:12pm
Arguably the most hated woman in Malaysia at the moment, Hee Yit Foong was again the main target of public resentment. This time at a ceramah in her constituency of Jelapang on Thursday night.
The 1600-strong crowd at Pakatan Rakyat's 11th ceramah addressing the Perak political crisis responded emotionally when Pakatan leaders criticised Hee for her defection.
When ousted exco Nga Kor Ming asked the crowd whether they thought Hee should resign, almost every one in attendance raised their hands to say yes.
Nga and ousted Perak Menteri Besar Mohd Nizar Jamaluddin also apologised to the crowds for Hee's defection.
The ceramah is widely seen as a strategy by DAP to whip up public sentiment against Hee after she claimed that she quit the party because she was marginalised.
Judging from the crowds' response and the RM4,106 in donations collected during the ceramah, it seems the strategy paid off.
Although police have banned political ceramah in the state, Pakatan had managed to obtain a permit for the ceramah in Jelapang on Thursday night.
Chee: She is 'rubbish'
Among the DAP assemblypersons invited to speak were Keranji assemblyperson Chen Fook Chye and Buntong assemblyperson A Sivasubramaniam.
Chen, who was previously close to Hee, poured scorn on his former friend, going as far as to call her "rubbish". He added that instead of admitting her wrong move in defecting, Hee had tried to blame the state party leadership for her move.
Chen ended his fiery speech by shouting, "I want to kick this rubbish away!", prompting the crowd to join him in blasting Hee.
The final speaker of the night, Nizar, stressed that he was still the menteri besar and slammed Barisan Nasional for using "dirty tricks" to topple the Pakatan-led state government.
He also urged voters to vote against BN in the upcoming Bukit Gantang by-election to send a message of no-confidence to the new government.
Thursday's ceramah is a clear indication that instead of abating with time, public anger and resentment for Hee is only increasing and judging from the crowd response, it would be safe to say that the BN-friendly independent should stay well away from her constituency, indeed Perak, for some time to come.
Arguably the most hated woman in Malaysia at the moment, Hee Yit Foong was again the main target of public resentment. This time at a ceramah in her constituency of Jelapang on Thursday night.
The 1600-strong crowd at Pakatan Rakyat's 11th ceramah addressing the Perak political crisis responded emotionally when Pakatan leaders criticised Hee for her defection.
When ousted exco Nga Kor Ming asked the crowd whether they thought Hee should resign, almost every one in attendance raised their hands to say yes.
Nga and ousted Perak Menteri Besar Mohd Nizar Jamaluddin also apologised to the crowds for Hee's defection.
The ceramah is widely seen as a strategy by DAP to whip up public sentiment against Hee after she claimed that she quit the party because she was marginalised.
Judging from the crowds' response and the RM4,106 in donations collected during the ceramah, it seems the strategy paid off.
Although police have banned political ceramah in the state, Pakatan had managed to obtain a permit for the ceramah in Jelapang on Thursday night.
Chee: She is 'rubbish'
Among the DAP assemblypersons invited to speak were Keranji assemblyperson Chen Fook Chye and Buntong assemblyperson A Sivasubramaniam.
Chen, who was previously close to Hee, poured scorn on his former friend, going as far as to call her "rubbish". He added that instead of admitting her wrong move in defecting, Hee had tried to blame the state party leadership for her move.
Chen ended his fiery speech by shouting, "I want to kick this rubbish away!", prompting the crowd to join him in blasting Hee.
The final speaker of the night, Nizar, stressed that he was still the menteri besar and slammed Barisan Nasional for using "dirty tricks" to topple the Pakatan-led state government.
He also urged voters to vote against BN in the upcoming Bukit Gantang by-election to send a message of no-confidence to the new government.
Thursday's ceramah is a clear indication that instead of abating with time, public anger and resentment for Hee is only increasing and judging from the crowd response, it would be safe to say that the BN-friendly independent should stay well away from her constituency, indeed Perak, for some time to come.
After Perak letdown, DAP goes on the stump - Malaysian Insider
Teng addressing the crowd at the gathering in Malacca last night.
By Baradan Kuppusamy
MALACCA, Feb 14 — Within days of losing Perak to Barisan Nasional, the DAP has dusted off its old playbook, and has begun a series of dinners and rallies to whip up support from the party faithful as it comes under attack from its political rivals.
Party leaders are using these rallies to explain the DAP's and Pakatan Rakyat's position and stand, as well as to explain what happened in Perak.
The party faithful and curious members of the public have been packing these gatherings wall to wall.
In Malacca last night, nearly 1,000 people packed a DAP rally to hear former Perak exco A. Sivanesan explain how Pakatan Rakyat leaders were hounded and pressured with offers of up to RM10 million to defect.
DAP leader and Selangor Speaker Teng Chang Khim spoke about how the Perak speaker had vacated the three seats of defecting assemblymen but the Election Commission had exceeded its powers to refuse to hold by-elections.
He spoke in simple terms, explaining the law as it exists in Perak now, the powers of officials and how the public mandate has been hijacked by the BN through subterfuge.
He however scrupulously avoided dragging in the Perak palace except to to say that the decision of Sultan Azlan Shah to dismiss the PR government and swear in a BN government without a confidence vote in the legislative assembly or call fresh elections was unfair and unacceptable coming from a man of learning and experience.
"We question his actions but we don't question the institution of the monarchy," he said to loud applause from the majority working-class Chinese crowd.
It was left to Malacca Pas deputy commissioner Adly Zahari to raise the thorny issue of derhaka and whether Datuk Seri Nizar Jamaluddin had indeed committed treason by refusing to resign as menteri besar.
Adly explained that Nizar had humbly "begged to disagree" with the Sultan by saying saya mohon derhaka but the mainstream media is portraying the words as an insult to the Sultan.
"Derhaka is begging to disagree, not insulting by brushing him off or refusing to resign," Adly explained. "It is a humble way to disagree."
Deputy Prime Minister Datuk Seri Najib Razak was presented as a Machiavellian wheeler-dealer — the man who engineered the defection and the ouster of the PR government.
There was grudging admission that the PR was now faced with a formidable enemy in Najib, unlike the retiring Prime Minister Datuk Seri Abdullah Ahmad Badawi, who is seen as easy going and unwilling to roll up his sleeves for a fight.
Teng told The Malaysian Insider that the road shows were vital for the DAP and PR to reconnect with their support base after almost a year in office as the government in five states.
"It is almost like a general election… I feel energised to reconnect, to explain what we have done and the new challenges we face in the form of defections, collapse of the Pakatan government and how far things would go," he said.
"There is anxiety and anguish among our grassroots and it is important we all reach out and reassure our supporters," he said.
While all the speakers slammed the defectors — Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong — as "frogs" who from now on must be ostracised and condemned, they were careful to make a difference with PR supremo Datuk Seri Anwar Ibrahim's campaign to persuade BN representatives to defect.
Teng and Adly said unlike BN, PR was not buying defectors or promising posts to win over BN MPs.
"Besides, Anwar has promised that within one year of seizing power through defections Pakatan would hold fresh elections to seek a new mandate," said Teng.
By Baradan Kuppusamy
MALACCA, Feb 14 — Within days of losing Perak to Barisan Nasional, the DAP has dusted off its old playbook, and has begun a series of dinners and rallies to whip up support from the party faithful as it comes under attack from its political rivals.
Party leaders are using these rallies to explain the DAP's and Pakatan Rakyat's position and stand, as well as to explain what happened in Perak.
The party faithful and curious members of the public have been packing these gatherings wall to wall.
In Malacca last night, nearly 1,000 people packed a DAP rally to hear former Perak exco A. Sivanesan explain how Pakatan Rakyat leaders were hounded and pressured with offers of up to RM10 million to defect.
DAP leader and Selangor Speaker Teng Chang Khim spoke about how the Perak speaker had vacated the three seats of defecting assemblymen but the Election Commission had exceeded its powers to refuse to hold by-elections.
He spoke in simple terms, explaining the law as it exists in Perak now, the powers of officials and how the public mandate has been hijacked by the BN through subterfuge.
He however scrupulously avoided dragging in the Perak palace except to to say that the decision of Sultan Azlan Shah to dismiss the PR government and swear in a BN government without a confidence vote in the legislative assembly or call fresh elections was unfair and unacceptable coming from a man of learning and experience.
"We question his actions but we don't question the institution of the monarchy," he said to loud applause from the majority working-class Chinese crowd.
It was left to Malacca Pas deputy commissioner Adly Zahari to raise the thorny issue of derhaka and whether Datuk Seri Nizar Jamaluddin had indeed committed treason by refusing to resign as menteri besar.
Adly explained that Nizar had humbly "begged to disagree" with the Sultan by saying saya mohon derhaka but the mainstream media is portraying the words as an insult to the Sultan.
"Derhaka is begging to disagree, not insulting by brushing him off or refusing to resign," Adly explained. "It is a humble way to disagree."
Deputy Prime Minister Datuk Seri Najib Razak was presented as a Machiavellian wheeler-dealer — the man who engineered the defection and the ouster of the PR government.
There was grudging admission that the PR was now faced with a formidable enemy in Najib, unlike the retiring Prime Minister Datuk Seri Abdullah Ahmad Badawi, who is seen as easy going and unwilling to roll up his sleeves for a fight.
Teng told The Malaysian Insider that the road shows were vital for the DAP and PR to reconnect with their support base after almost a year in office as the government in five states.
"It is almost like a general election… I feel energised to reconnect, to explain what we have done and the new challenges we face in the form of defections, collapse of the Pakatan government and how far things would go," he said.
"There is anxiety and anguish among our grassroots and it is important we all reach out and reassure our supporters," he said.
While all the speakers slammed the defectors — Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong — as "frogs" who from now on must be ostracised and condemned, they were careful to make a difference with PR supremo Datuk Seri Anwar Ibrahim's campaign to persuade BN representatives to defect.
Teng and Adly said unlike BN, PR was not buying defectors or promising posts to win over BN MPs.
"Besides, Anwar has promised that within one year of seizing power through defections Pakatan would hold fresh elections to seek a new mandate," said Teng.
Zambry, excos asked to face Perak's Special Privileges Committee - Star
Feb 14, 2009 By SYLVIA LOOI
IPOH: Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six newly sworn-in state executive councillors have been summoned to face the state's Committee of Special Privileges.
Perak state assembly speaker V. Sivakumar said the committee had on Friday decided to call the seven to face it on Feb 18 at 2.30pm following complaints by Canning assemblyman Wong Kah Woh against them.
"I have asked the assembly secretary Abdullah Antong to send letters to the seven requesting their presence on that day," he told reporters at the State Secretariat on Saturday.
The basis for Wong's complaints, he said, was that the seven had shown contempt of the House.
Asked whether there would be repercussions if the seven failed to show up, Sivakumar said:
"The purpose of the meeting is to gather information and compile a report from it. The report will then be presented when the House sits."
It would then be up to the House on what actions were to be taken, added Sivakumar.
On whether his move would be seen as a counter attack against Barisan Nasional, Sivakumar said what he did followed procedures.
"The committee exists and any member of the House has the right to complain against another," he added.
In an immediate response, Dr Zambry said he had yet to see the letter sent by Sivakumar.
Dr Zambry reminded Sivakumar to be mindful of what he was doing.
"He must know what he is doing. Do not do things according to your mood," he said, adding that Barisan had referred several cases to the committee but Sivakumar had failed to act on them.
On whether he would bar the three independents from entering the Dewan when the August house sits, Sivakumar said:
"The three ceased to be Perak state assembly members when I submitted their resignation letters to the Election Commission."
IPOH: Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six newly sworn-in state executive councillors have been summoned to face the state's Committee of Special Privileges.
Perak state assembly speaker V. Sivakumar said the committee had on Friday decided to call the seven to face it on Feb 18 at 2.30pm following complaints by Canning assemblyman Wong Kah Woh against them.
"I have asked the assembly secretary Abdullah Antong to send letters to the seven requesting their presence on that day," he told reporters at the State Secretariat on Saturday.
The basis for Wong's complaints, he said, was that the seven had shown contempt of the House.
Asked whether there would be repercussions if the seven failed to show up, Sivakumar said:
"The purpose of the meeting is to gather information and compile a report from it. The report will then be presented when the House sits."
It would then be up to the House on what actions were to be taken, added Sivakumar.
On whether his move would be seen as a counter attack against Barisan Nasional, Sivakumar said what he did followed procedures.
"The committee exists and any member of the House has the right to complain against another," he added.
In an immediate response, Dr Zambry said he had yet to see the letter sent by Sivakumar.
Dr Zambry reminded Sivakumar to be mindful of what he was doing.
"He must know what he is doing. Do not do things according to your mood," he said, adding that Barisan had referred several cases to the committee but Sivakumar had failed to act on them.
On whether he would bar the three independents from entering the Dewan when the August house sits, Sivakumar said:
"The three ceased to be Perak state assembly members when I submitted their resignation letters to the Election Commission."
Perak speaker still in Pakatan hands - Malaysian Insider
By Neville Spykerman
Desperate bid: DAP Perak chief Datuk Ngeh Hoo Kam (centre) and State Speaker V. Sivakumar (right) posing with lawyer Leong Cheok Keng, assemblymen and supporters outside the High Court before Sivakumar filed a suit to uphold the resignations of Changkat Jering, Behrang and Jelapang assemblymen and declaring the seats vacant. Pix courtesy of The Star
KUALA LUMPUR, Feb 14 — Perak's constitution makes no provisions for the removal of its legislative assembly speaker and Barisan Nasional is stuck with DAP's V. Sivakumar.
In a statement released in Ipoh yesterday, Sivakumar confirmed he remained the speaker of the Perak state assembly.
According to Selangor Speaker Teng Chang Khim today, the Tronoh assemblyman cannot even be removed (as Perak speaker) by a vote of no confidence.
He said that both the federal and Selangor constitution provide that the speaker shall vacate his office — if the assembly at any time so resolves.
However there is no such provision in the Perak constitution.
The Sungai Pinang assemblyman, who is a lawyer, said Sivakumar can only vacate his office when he ceases to be a member of the Perak Legislative Assembly or if he is disqualified from holding other office, or resigns on his own accord.
Effectively the constitutional deadlock griping the silver state is set to continue.
Sivakumar can, if he chooses, bar former Pakatan Rakyat defectors, who have "resigned" from the assembly, which will effectively reduce BN's majority in the House.
The Perak speaker had previously declared that assemblymen Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong had vacated their seats after he received their resignation letters.
Teng said the trio may have to go to court to break the deadlock but even a ruling in their favour will not change the fact that Sivakumar will continue as speaker.
Excluding the trio, BN will have 28 members in the House to PR's 27, with Sivakumar as speaker.
Should Sivakumar vacate his office for any reason, the House will be considered a hung legislature because the Perak constitution provides the assembly shall transact no business while the office of speaker is vacant other than the election of a speaker.
With no clear majority, BN's Menteri Besar Datuk Dr Zambry Abdul Kadir will have no choice but to seek the dissolution of the House and obtain consent from the Perak Ruler for fresh elections.
However the sentiment of the people is clearly against BN and it would want to avoid statewide elections at all cost.
"I believe they will opt to retain Sivakumar," said Teng.
However the Speaker has wide-ranging discretion in the assembly and Sivakumar has the potential to be a very painful thorn in the side of BN and Zambry.
"The speaker's decision on the Standing Orders cannot be challenged except by way of motion (a lengthy process which includes holding a debate in the House)."
Ironically few people know this better than Teng.
On April 25, 2005 , he was suspended from the Selangor Legislative Assembly following an argument with then Speaker Datuk Seri Onn Ismail.
In an act of defiance Teng threw a copy of the Standing Orders into a bin when Onn rejected his motion of no confidence against then Menteri Besar Datuk Seri Dr Mohd Khir Toyo.
Teng was suspended with no pay for 30 months.
Desperate bid: DAP Perak chief Datuk Ngeh Hoo Kam (centre) and State Speaker V. Sivakumar (right) posing with lawyer Leong Cheok Keng, assemblymen and supporters outside the High Court before Sivakumar filed a suit to uphold the resignations of Changkat Jering, Behrang and Jelapang assemblymen and declaring the seats vacant. Pix courtesy of The Star
KUALA LUMPUR, Feb 14 — Perak's constitution makes no provisions for the removal of its legislative assembly speaker and Barisan Nasional is stuck with DAP's V. Sivakumar.
In a statement released in Ipoh yesterday, Sivakumar confirmed he remained the speaker of the Perak state assembly.
According to Selangor Speaker Teng Chang Khim today, the Tronoh assemblyman cannot even be removed (as Perak speaker) by a vote of no confidence.
He said that both the federal and Selangor constitution provide that the speaker shall vacate his office — if the assembly at any time so resolves.
However there is no such provision in the Perak constitution.
The Sungai Pinang assemblyman, who is a lawyer, said Sivakumar can only vacate his office when he ceases to be a member of the Perak Legislative Assembly or if he is disqualified from holding other office, or resigns on his own accord.
Effectively the constitutional deadlock griping the silver state is set to continue.
Sivakumar can, if he chooses, bar former Pakatan Rakyat defectors, who have "resigned" from the assembly, which will effectively reduce BN's majority in the House.
The Perak speaker had previously declared that assemblymen Jamaluddin Mohd Radzi, Osman Jailu and Hee Yit Foong had vacated their seats after he received their resignation letters.
Teng said the trio may have to go to court to break the deadlock but even a ruling in their favour will not change the fact that Sivakumar will continue as speaker.
Excluding the trio, BN will have 28 members in the House to PR's 27, with Sivakumar as speaker.
Should Sivakumar vacate his office for any reason, the House will be considered a hung legislature because the Perak constitution provides the assembly shall transact no business while the office of speaker is vacant other than the election of a speaker.
With no clear majority, BN's Menteri Besar Datuk Dr Zambry Abdul Kadir will have no choice but to seek the dissolution of the House and obtain consent from the Perak Ruler for fresh elections.
However the sentiment of the people is clearly against BN and it would want to avoid statewide elections at all cost.
"I believe they will opt to retain Sivakumar," said Teng.
However the Speaker has wide-ranging discretion in the assembly and Sivakumar has the potential to be a very painful thorn in the side of BN and Zambry.
"The speaker's decision on the Standing Orders cannot be challenged except by way of motion (a lengthy process which includes holding a debate in the House)."
Ironically few people know this better than Teng.
On April 25, 2005 , he was suspended from the Selangor Legislative Assembly following an argument with then Speaker Datuk Seri Onn Ismail.
In an act of defiance Teng threw a copy of the Standing Orders into a bin when Onn rejected his motion of no confidence against then Menteri Besar Datuk Seri Dr Mohd Khir Toyo.
Teng was suspended with no pay for 30 months.
Friday, February 13, 2009
Nizar fail saman mohon injunksi halang Zambry jalan tugas MB - Harakah
Foto Nasir Sudin
Fri | Feb 13, 09 | 1:01:14 pm MYT
KUALA LUMPUR, 13 Jan (Hrkh) - Menteri Besar Kerajaan Pakatan Rakyat Perak, Dato' Seri Ir Nizar Jamaluddin telah memfailkan saman terhadap Dato' Dr Zambry Abdul Kadir di Mahkamah Tinggi Kuala Lumpur hari ini berikutan 'rampasan kuasa' yang berlaku di Perak.
"Kita failkan saman ini di Mahkamah Tinggi Kuala Lumpur hari ini (13 Februari 2009) untuk nyatakan pendirian kerajaan Pakatan Rakyat Perak bahawa kami dianiaya oleh Umno BN yang dipimpin oleh Najib Altantuya (Dato' Seri Najib Tun Razak)," kata Nizar selepas memfailkan saman ke atas Zambry di Mahkamah Tinggi Kuala Lumpur dekat Jalan Duta.
Beliau memfailkan saman bernombor MK25-25-09 di bahagian Pendaftaran Rayuan dan Kuasa-kuas Khas di tingkat satu mahkamah tersebut.
Turut hadir bersama beliau ialah, para peguam antaranya Hanipa Maiden; Exco Kerajaan Pakatan Rakyat Perak, Dato' Ngeh Koo Ham; Nga Kor Ming; ahli Parlimen Titiwangsa, Dr Lo ImageLo Ghazali, Ir Khalid Samad (MP Shah Alam); Dato' Kamarul Baharin Abbas (MP Telok Kemang); Ketua Pemuda PAS Negeri Sembilan, Mohd Taufek Abdul Ghani (Adun Paroi) dan Ahli MT KeADILan, Badrul Hisham Shaharin selain 200 penyokong.
Bercakap lanjut pada sidang media selepas memfailkan saman pada jam 11.30 pagi tadi, Nizar menegaskan beliau dan ahli Exco memfailkan saman untuk menuntut hak mereka selaku kerajaan yang diberi mandat oleh rakyat Perak pada pilihan raya umum lalu secara sah.
"Umno/BN telah melaksanakan rampasan kuasa jadi untuk itu saya ambil tindakan mahkamah untuk menuntut deklerasi atau Imageisytihar perintah bahawa saya adalah dari setiap masa dan material masih MB Perak," tegasnya.
Perintah deklerasi ini katanya sejajar dengan tafsiran fasal 16 (6) daripada Undang-undang Tubuh Kerajaan Negeri Perak, katanya.
Pertamanya beliau menuntut atas sebab dan dalam keadaan keadaan pertamanya beliau selaku MB Perak ingin dan telah memberi naishat kepada Sultan untuk pembubaran Dun Perak.
Keduanya kata beliau tidak terdapat pembubaran Dun Perak sehingga kini, dan ketiga tidak terdapat usul tidak percaya Imageyang diambil dan terima pakai dalam atau oleh Dun Perak, terhadap MB Perak (Nizar).
Seterusnya, keempat tidak terdapat perletakan jawatan MB samada oleh atau telah dikosongkan sehingga kini, katanya.
Justeru writ dikeluarkan kepada responden (Dr Zambry Kadir) memerintahkan responden untuk meminta responden menunjukkan sebab bagaimana di bawah dasar dan di dasar atau kuasa mana responden berhak pegang jawatan MB perak.
Selain responden kononnya bertindak atau menjalankan atau melaksanakan tanggungjawab fungsi MB, katanya.
"Yang keempat responden tidak berhak atau untuk menjawat MB pada bila-bila masa yang material, dan yang kelima perintah injunksi untuk halang responden, agen-agen responden atau pengkhidmmat responden dari bertindak atau jalankan tugas-tugas MB Perak," katanya.
Maka kata Nizar. beliau hadir dengan ahli Exco dan Adun Pakatan Rakyat untuk meminta hak diberikan semula kepada rakyat Perak agar dibubarkan Dun Perak seterusnya menjalankan pilihan raya kecil Dun Perak.
"Saya berterima kasih atas sokongan seluruh, dan kita tunggu keputusan mahkamah secepat mungkin," katanya.
Sebelum mengadakan sidang akhbar, Nizar sempat mengetuai bacaan doa di atas tangga tingkat satu Mahkamah Tinggi tersebut sambil diaminkan para penyokong.
Selesai mengadakan sidang akhbar itu, Nizar bersalaman dengan para penyokong dan pimpinan Pakatan Rakyat yang hadir bagi memberikan sokongan kepada beliau.
Nizar meninggalkan perkarangan mahkamah dengan sempat melambai tangan kepada penyokong sambil melaungkan 'takbir, reformasi dan makkal sakhti' kepada penyokong.
Harakahdaily difahamkan bahawa Nizar akan menyertai solat jumaat di Masjid Kampung Baru tengahari ini./wann
Fri | Feb 13, 09 | 1:01:14 pm MYT
KUALA LUMPUR, 13 Jan (Hrkh) - Menteri Besar Kerajaan Pakatan Rakyat Perak, Dato' Seri Ir Nizar Jamaluddin telah memfailkan saman terhadap Dato' Dr Zambry Abdul Kadir di Mahkamah Tinggi Kuala Lumpur hari ini berikutan 'rampasan kuasa' yang berlaku di Perak.
"Kita failkan saman ini di Mahkamah Tinggi Kuala Lumpur hari ini (13 Februari 2009) untuk nyatakan pendirian kerajaan Pakatan Rakyat Perak bahawa kami dianiaya oleh Umno BN yang dipimpin oleh Najib Altantuya (Dato' Seri Najib Tun Razak)," kata Nizar selepas memfailkan saman ke atas Zambry di Mahkamah Tinggi Kuala Lumpur dekat Jalan Duta.
Beliau memfailkan saman bernombor MK25-25-09 di bahagian Pendaftaran Rayuan dan Kuasa-kuas Khas di tingkat satu mahkamah tersebut.
Turut hadir bersama beliau ialah, para peguam antaranya Hanipa Maiden; Exco Kerajaan Pakatan Rakyat Perak, Dato' Ngeh Koo Ham; Nga Kor Ming; ahli Parlimen Titiwangsa, Dr Lo ImageLo Ghazali, Ir Khalid Samad (MP Shah Alam); Dato' Kamarul Baharin Abbas (MP Telok Kemang); Ketua Pemuda PAS Negeri Sembilan, Mohd Taufek Abdul Ghani (Adun Paroi) dan Ahli MT KeADILan, Badrul Hisham Shaharin selain 200 penyokong.
Bercakap lanjut pada sidang media selepas memfailkan saman pada jam 11.30 pagi tadi, Nizar menegaskan beliau dan ahli Exco memfailkan saman untuk menuntut hak mereka selaku kerajaan yang diberi mandat oleh rakyat Perak pada pilihan raya umum lalu secara sah.
"Umno/BN telah melaksanakan rampasan kuasa jadi untuk itu saya ambil tindakan mahkamah untuk menuntut deklerasi atau Imageisytihar perintah bahawa saya adalah dari setiap masa dan material masih MB Perak," tegasnya.
Perintah deklerasi ini katanya sejajar dengan tafsiran fasal 16 (6) daripada Undang-undang Tubuh Kerajaan Negeri Perak, katanya.
Pertamanya beliau menuntut atas sebab dan dalam keadaan keadaan pertamanya beliau selaku MB Perak ingin dan telah memberi naishat kepada Sultan untuk pembubaran Dun Perak.
Keduanya kata beliau tidak terdapat pembubaran Dun Perak sehingga kini, dan ketiga tidak terdapat usul tidak percaya Imageyang diambil dan terima pakai dalam atau oleh Dun Perak, terhadap MB Perak (Nizar).
Seterusnya, keempat tidak terdapat perletakan jawatan MB samada oleh atau telah dikosongkan sehingga kini, katanya.
Justeru writ dikeluarkan kepada responden (Dr Zambry Kadir) memerintahkan responden untuk meminta responden menunjukkan sebab bagaimana di bawah dasar dan di dasar atau kuasa mana responden berhak pegang jawatan MB perak.
Selain responden kononnya bertindak atau menjalankan atau melaksanakan tanggungjawab fungsi MB, katanya.
"Yang keempat responden tidak berhak atau untuk menjawat MB pada bila-bila masa yang material, dan yang kelima perintah injunksi untuk halang responden, agen-agen responden atau pengkhidmmat responden dari bertindak atau jalankan tugas-tugas MB Perak," katanya.
Maka kata Nizar. beliau hadir dengan ahli Exco dan Adun Pakatan Rakyat untuk meminta hak diberikan semula kepada rakyat Perak agar dibubarkan Dun Perak seterusnya menjalankan pilihan raya kecil Dun Perak.
"Saya berterima kasih atas sokongan seluruh, dan kita tunggu keputusan mahkamah secepat mungkin," katanya.
Sebelum mengadakan sidang akhbar, Nizar sempat mengetuai bacaan doa di atas tangga tingkat satu Mahkamah Tinggi tersebut sambil diaminkan para penyokong.
Selesai mengadakan sidang akhbar itu, Nizar bersalaman dengan para penyokong dan pimpinan Pakatan Rakyat yang hadir bagi memberikan sokongan kepada beliau.
Nizar meninggalkan perkarangan mahkamah dengan sempat melambai tangan kepada penyokong sambil melaungkan 'takbir, reformasi dan makkal sakhti' kepada penyokong.
Harakahdaily difahamkan bahawa Nizar akan menyertai solat jumaat di Masjid Kampung Baru tengahari ini./wann
Police to haul up Barisan, Pakatan leaders - Star
Feb 13, 2009 By CLARA CHOOI
IPOH: Perak police will soon haul up political leaders from both Barisan Nasional and Pakatan Rakyat to record their statements on the slew of political gatherings in the state.
In issuing a stern warning that a “no-compromise” approach would be adopted in the matter, Perak CPO Deputy Comm Datuk Zulkifli Abdullah said:
“ ‘Yes’ means yes and ‘No’ means no, so if an application to hold a gathering is rejected, the decision is final.
“Our main concern here is to maintain public peace and order; there is no compromising that.”
He said that since Perak was struck by a series of political crises, the police had received a total of 70 reports, 41 of which were on alleged rioting.
“We have already opened 17 investigation papers on all these reports -- two on riots, seven on illegal gatherings and eight on other related matters,” he told a press conference Friday.
DCP Zulkifli said his men were already in the process of identifying those who had been giving ceramah (political addresses) touching on sensitive matters.
“We also plan to question those who attended these gatherings from both sides, whether Pakatan or Barisan.
“After all, we do not want this to continue unabated. We are about to face a by-election and we want law-abiding Perakians to be able to continue with their lives peacefully,” he said.
DCP Zulkifli said that to hold a gathering, a registered organisation or a group of at least three individuals need to seek approval from the district police chief.
The OCPD then has to consider road safety and public peace before approving or rejecting such an application.
“However, if the application is rejected, the applicant can still appeal to me to reconsider, provided I am given at least 48 hours to make my decision,” he said.
He said that ceramah speakers were not allowed to broach topics that may anger the Sultan of Perak or cause further political unrest.
In a gathering at Jelapang here Friday, thousands of people turned up to show their unhappiness with their now independent elected representative Hee Yit Foong, who was voted in on a DAP ticket.
As speakers like former Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin and former executive council members Nga Kor Ming and Chen Fook Chye spoke of Hee, shouts of anger could be heard from the audience.
IPOH: Perak police will soon haul up political leaders from both Barisan Nasional and Pakatan Rakyat to record their statements on the slew of political gatherings in the state.
In issuing a stern warning that a “no-compromise” approach would be adopted in the matter, Perak CPO Deputy Comm Datuk Zulkifli Abdullah said:
“ ‘Yes’ means yes and ‘No’ means no, so if an application to hold a gathering is rejected, the decision is final.
“Our main concern here is to maintain public peace and order; there is no compromising that.”
He said that since Perak was struck by a series of political crises, the police had received a total of 70 reports, 41 of which were on alleged rioting.
“We have already opened 17 investigation papers on all these reports -- two on riots, seven on illegal gatherings and eight on other related matters,” he told a press conference Friday.
DCP Zulkifli said his men were already in the process of identifying those who had been giving ceramah (political addresses) touching on sensitive matters.
“We also plan to question those who attended these gatherings from both sides, whether Pakatan or Barisan.
“After all, we do not want this to continue unabated. We are about to face a by-election and we want law-abiding Perakians to be able to continue with their lives peacefully,” he said.
DCP Zulkifli said that to hold a gathering, a registered organisation or a group of at least three individuals need to seek approval from the district police chief.
The OCPD then has to consider road safety and public peace before approving or rejecting such an application.
“However, if the application is rejected, the applicant can still appeal to me to reconsider, provided I am given at least 48 hours to make my decision,” he said.
He said that ceramah speakers were not allowed to broach topics that may anger the Sultan of Perak or cause further political unrest.
In a gathering at Jelapang here Friday, thousands of people turned up to show their unhappiness with their now independent elected representative Hee Yit Foong, who was voted in on a DAP ticket.
As speakers like former Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin and former executive council members Nga Kor Ming and Chen Fook Chye spoke of Hee, shouts of anger could be heard from the audience.
I am still Perak Assembly Speaker: Sivakumar - Star
feb 13, 2009 By IVAN LOH
IPOH: Tronoh assemblyman V. Sivakumar has declared that he is still the Perak State Assembly Speaker.
Responding to a Tamil daily which had reported he lost his post after the Barisan Nasional state government was sworn in, Sivakumar said: “Many people think I have lost the post. It is not true.”
“I was elected as the Speaker by a vote in the state assembly, and will only be relieved of my post the same way,” he said in a statement released here Friday.
Sivakumar said he would continue with his duties and responsibility as the state speaker and was still entitled to its executive council member’ privileges.
He added that he had created history by being the country’s first Indian state assembly speaker.
Meanwhile, Canning assemblyman Wong Kah Woh challenged Barisan Nasional to prove the legitimacy of the state government that was recently sworn in.
Wong, who is also state DAP publicity secretary, called on Perak Mentri Besar Datuk Dr Zambry Abd Kadir to point out which provisions under the Perak Constitution gave Barisan the right to form the state government.
“Dr Zambry and his ‘junta’ have sworn to preserve, uphold and defend the state constitution, but have proceeded to install themselves as the mentri besar and exco members in violation of said state constitution,” Wong told a press conference here Friday.
Wong said he lodged a complaint with Sivakumar, who heads the Committee of Special Privileges, on the matter on Thursday.
IPOH: Tronoh assemblyman V. Sivakumar has declared that he is still the Perak State Assembly Speaker.
Responding to a Tamil daily which had reported he lost his post after the Barisan Nasional state government was sworn in, Sivakumar said: “Many people think I have lost the post. It is not true.”
“I was elected as the Speaker by a vote in the state assembly, and will only be relieved of my post the same way,” he said in a statement released here Friday.
Sivakumar said he would continue with his duties and responsibility as the state speaker and was still entitled to its executive council member’ privileges.
He added that he had created history by being the country’s first Indian state assembly speaker.
Meanwhile, Canning assemblyman Wong Kah Woh challenged Barisan Nasional to prove the legitimacy of the state government that was recently sworn in.
Wong, who is also state DAP publicity secretary, called on Perak Mentri Besar Datuk Dr Zambry Abd Kadir to point out which provisions under the Perak Constitution gave Barisan the right to form the state government.
“Dr Zambry and his ‘junta’ have sworn to preserve, uphold and defend the state constitution, but have proceeded to install themselves as the mentri besar and exco members in violation of said state constitution,” Wong told a press conference here Friday.
Wong said he lodged a complaint with Sivakumar, who heads the Committee of Special Privileges, on the matter on Thursday.
Vote for by-elections fixed for April 7 - Malaysian Insider
KUALA LUMPUR, Feb 13 — The Election Commission today fixed nomination day for the vacant Bukit Gantang parliamentary seat and Bukit Selambau state seat simultaneously for March 29. If there is a contest, voting will be held on April 7.
The nomination day is significant as it falls one day after Datuk Seri Najib Razak becomes Umno president. And polling will be held after Najib becomes PM.
Meanwhile, Perak DAP chief Datuk Ngeh Koo Ham said a scandal-ridden Najib as Umno president will work to Pakatan Rakyat's advantage in both by-elections.
"Under normal circumstances, a new leader would be to Umno's advantage but in this case, because of the scandals connected to him and what he has done in Perak, it will be to our advantage," Ngeh said, referring to Najib's role in unseating the Pakatan Rakyat government in Perak.
He was also hinting to persistent speculation linking Najib to abuse of power in the murder of Mongolian model Altantuya Shariibuu and the billion-ringgit defence purchases.
"There have been so many allegations but he has not allowed any inquiry into them. So he has not cleared his name and it will be to his detriment," Ngeh said.
The senior state executive councillor in the Perak Pakatan Rakyat government expressed confidence that Najib's links to the scandals and what the coalition perceives as a coup d'etat in Perak will be to Barisan Nasional's detriment in both by-elections.
But DAP strongman Lim Kit Siang slammed the Election Commission for setting the date of the by-elections, saying its “another example of its craven subservience to serve Umno interests”.
“Clearly, the fractious and internecine Umno party elections until March 28 had been the primary consideration of the Election Commission when deciding on the two by-election dates,” he said in a statement, pointing out it will be held after Umno party elections and Najib officially taking over Umno and becoming prime minister.
“But these are the very considerations which an independent and self-respecting Election Commission has no business to take into account when fixing election dates, as it has only reinforced strong public perceptions that the Election Commission is a mere Umno creature at the beck and call of the top Umno leadership,” the Ipoh Timur MP said.
He also charged that in the six weeks of being the new Election Commission chairman, Tan Sri Abdul Aziz Mohd Yusof made two decisions that have undermined public confidence in the independence, professionalism and integrity of the commission by rejecting the Perak state speaker’s decision on accepting the resignation of two lawmakers and by deciding the by-election dates for Bukit Gantang and Bukit Selambau.
“The Election Commission should reconsider to fix earlier by-election dates to demonstrate that it is not beholden to any political party’s dictates — even coming from Umno!” Lim declared.
The nomination day is significant as it falls one day after Datuk Seri Najib Razak becomes Umno president. And polling will be held after Najib becomes PM.
Meanwhile, Perak DAP chief Datuk Ngeh Koo Ham said a scandal-ridden Najib as Umno president will work to Pakatan Rakyat's advantage in both by-elections.
"Under normal circumstances, a new leader would be to Umno's advantage but in this case, because of the scandals connected to him and what he has done in Perak, it will be to our advantage," Ngeh said, referring to Najib's role in unseating the Pakatan Rakyat government in Perak.
He was also hinting to persistent speculation linking Najib to abuse of power in the murder of Mongolian model Altantuya Shariibuu and the billion-ringgit defence purchases.
"There have been so many allegations but he has not allowed any inquiry into them. So he has not cleared his name and it will be to his detriment," Ngeh said.
The senior state executive councillor in the Perak Pakatan Rakyat government expressed confidence that Najib's links to the scandals and what the coalition perceives as a coup d'etat in Perak will be to Barisan Nasional's detriment in both by-elections.
But DAP strongman Lim Kit Siang slammed the Election Commission for setting the date of the by-elections, saying its “another example of its craven subservience to serve Umno interests”.
“Clearly, the fractious and internecine Umno party elections until March 28 had been the primary consideration of the Election Commission when deciding on the two by-election dates,” he said in a statement, pointing out it will be held after Umno party elections and Najib officially taking over Umno and becoming prime minister.
“But these are the very considerations which an independent and self-respecting Election Commission has no business to take into account when fixing election dates, as it has only reinforced strong public perceptions that the Election Commission is a mere Umno creature at the beck and call of the top Umno leadership,” the Ipoh Timur MP said.
He also charged that in the six weeks of being the new Election Commission chairman, Tan Sri Abdul Aziz Mohd Yusof made two decisions that have undermined public confidence in the independence, professionalism and integrity of the commission by rejecting the Perak state speaker’s decision on accepting the resignation of two lawmakers and by deciding the by-election dates for Bukit Gantang and Bukit Selambau.
“The Election Commission should reconsider to fix earlier by-election dates to demonstrate that it is not beholden to any political party’s dictates — even coming from Umno!” Lim declared.
Nizar vs Zambry legal battle begins - Malaysiakini
Feb 13, 09 11:18am
Hafiz Yatim and S Pathmawathy | Feb 13, 09 11:18am
Pakatan Rakyat leader Mohd Nizar Jamaluddin today filed his suit to challenge the appointment of the new Perak Menteri Besar Zambry Abdul Kadir.
He filed the documents at the High Court's Special Powers and Appellate division at 11.35am, accompanied by his lawyer Leong Cheok Keng
Some 300 people, including opposition politicians and supporters, had gathered outside the Jalan Duta court complex in Kuala Lumpur to express support.
There was also a large media presence and a sprinkling of uniformed cops at the scene.
Nizar arrived at the court complex at 11.20am accompanied by Perak DAP heavyweights Ngeh Koo Ham and Nga Kor Ming.
Supporters applauded and cheered when the trio arrived.
They shouted Hidup Rakyat three times.
Seek judicial review
Nizar filed an application to seek a judicial review and declarations including that he is still the menteri besar. He named BN Menteri Besar Zambry Abdul Kadir as the respondent.
Nizar is also seeking an interpretation of the Perak state constitution whether the MB's post can be vacated in what conditions:
(i) the menteri besar had advised the ruler on the dissolution of the state legislative assembly
(ii) there is no dissolution of the assembly
(iii) there was no motion of confidence performed against him at the state legislative assembly
(iv) there was no resignation made by him.
In his application, Nizar said the writ is quo warranto (by what warrant) on Zambry to show cause under which authority that the BN-designate menteri besar can be the legitimate menteri besar.
Nizar is also seeking a declaration that Zambry had no right to be the menteri besar at any material time.
He is also seeking an injunction to prevent Zambry or his agents from continuing his task and roles as the menteri besar.
Nizar is also seeking punitive, aggravated and exemplary damages be paid on him. He is also seeking cost of the action.
The ousted MB also submitted an affidavit of support in his application where he claimed that he was the rightful menteri besar appointed on March 17, 2008.
He was made to understand that Zambry was appointed as the menteri besar on February 6, 2009.
At all material times, there was no vote of no confidence made against him at the Perak legislative assembly and that he had never agreed to resign or was expelled as the menteri besar.
Nizar claimed he had applied to dissolve the assembly and call for snap elections to resolve the deadlock in the administration of Perak. However, his request was not entertained.
In that situation, he claimed that he is still the legitimate menteri besar of Perak.
However, Nizar claimed that he was prevented to do his job as the menteri besar and was even ushered out of the Menteri Besar's office.
Hence, he is making a representation to all Malaysians that he is the legitimate Perak menteri besar in order not to confuse the people.
Nizar also claimed that Zambry's actions was illegal and unconstitutional in wresting the MB's post from him and taking the responsibility, function and role of the leader of the state executive.
The ousted MB also claimed Zambry did not have the basis, power or authority to hold the post under the Perak Constitution.
While filing the application with Leong, Nizar was seen shaking hands and asking about the welfare of the court staff.
Speaker's affidavit
In his supporting affidavit and that of the state, Speaker V Sivakumar stated that Pakatan Rakyat formed the government after the opposition coalition won the March 8 general election where PAS won six, PKR seven and DAP 18 state seats.
Nizar was appointed menteri besar and Sivakumar the speaker.
Sivakumar in his affidavit said the problem started when Changkat Jering and Behrang assemblyperson Mohd Osman Jailu and Jamaluddin Mohd Radzi resigned on Jan 30, 2009, and he declared the two seats vacant.
He informed the Election Commission to have by-elections for the two seats. On Feb 3, he also received the resignation of Jelapang assemblyperson Hee Yit Foong and declared the seat vacant.
Hence, the position now is that Pakatan Rakyat and BN has an equivalent 28 state seats with no one having a majority.
Sivakumar also verified there was no vote of no confidence against Nizar.
Nizar in his affidavit said there is no remedy to resolve the matter and hence, he had to take the court action.
Claiming that he had a strong case, he felt the application is not vexation, and not abusive of the court process and that he filed the application out of public interest.
Hafiz Yatim and S Pathmawathy | Feb 13, 09 11:18am
Pakatan Rakyat leader Mohd Nizar Jamaluddin today filed his suit to challenge the appointment of the new Perak Menteri Besar Zambry Abdul Kadir.
He filed the documents at the High Court's Special Powers and Appellate division at 11.35am, accompanied by his lawyer Leong Cheok Keng
Some 300 people, including opposition politicians and supporters, had gathered outside the Jalan Duta court complex in Kuala Lumpur to express support.
There was also a large media presence and a sprinkling of uniformed cops at the scene.
Nizar arrived at the court complex at 11.20am accompanied by Perak DAP heavyweights Ngeh Koo Ham and Nga Kor Ming.
Supporters applauded and cheered when the trio arrived.
They shouted Hidup Rakyat three times.
Seek judicial review
Nizar filed an application to seek a judicial review and declarations including that he is still the menteri besar. He named BN Menteri Besar Zambry Abdul Kadir as the respondent.
Nizar is also seeking an interpretation of the Perak state constitution whether the MB's post can be vacated in what conditions:
(i) the menteri besar had advised the ruler on the dissolution of the state legislative assembly
(ii) there is no dissolution of the assembly
(iii) there was no motion of confidence performed against him at the state legislative assembly
(iv) there was no resignation made by him.
In his application, Nizar said the writ is quo warranto (by what warrant) on Zambry to show cause under which authority that the BN-designate menteri besar can be the legitimate menteri besar.
Nizar is also seeking a declaration that Zambry had no right to be the menteri besar at any material time.
He is also seeking an injunction to prevent Zambry or his agents from continuing his task and roles as the menteri besar.
Nizar is also seeking punitive, aggravated and exemplary damages be paid on him. He is also seeking cost of the action.
The ousted MB also submitted an affidavit of support in his application where he claimed that he was the rightful menteri besar appointed on March 17, 2008.
He was made to understand that Zambry was appointed as the menteri besar on February 6, 2009.
At all material times, there was no vote of no confidence made against him at the Perak legislative assembly and that he had never agreed to resign or was expelled as the menteri besar.
Nizar claimed he had applied to dissolve the assembly and call for snap elections to resolve the deadlock in the administration of Perak. However, his request was not entertained.
In that situation, he claimed that he is still the legitimate menteri besar of Perak.
However, Nizar claimed that he was prevented to do his job as the menteri besar and was even ushered out of the Menteri Besar's office.
Hence, he is making a representation to all Malaysians that he is the legitimate Perak menteri besar in order not to confuse the people.
Nizar also claimed that Zambry's actions was illegal and unconstitutional in wresting the MB's post from him and taking the responsibility, function and role of the leader of the state executive.
The ousted MB also claimed Zambry did not have the basis, power or authority to hold the post under the Perak Constitution.
While filing the application with Leong, Nizar was seen shaking hands and asking about the welfare of the court staff.
Speaker's affidavit
In his supporting affidavit and that of the state, Speaker V Sivakumar stated that Pakatan Rakyat formed the government after the opposition coalition won the March 8 general election where PAS won six, PKR seven and DAP 18 state seats.
Nizar was appointed menteri besar and Sivakumar the speaker.
Sivakumar in his affidavit said the problem started when Changkat Jering and Behrang assemblyperson Mohd Osman Jailu and Jamaluddin Mohd Radzi resigned on Jan 30, 2009, and he declared the two seats vacant.
He informed the Election Commission to have by-elections for the two seats. On Feb 3, he also received the resignation of Jelapang assemblyperson Hee Yit Foong and declared the seat vacant.
Hence, the position now is that Pakatan Rakyat and BN has an equivalent 28 state seats with no one having a majority.
Sivakumar also verified there was no vote of no confidence against Nizar.
Nizar in his affidavit said there is no remedy to resolve the matter and hence, he had to take the court action.
Claiming that he had a strong case, he felt the application is not vexation, and not abusive of the court process and that he filed the application out of public interest.
By-elections: Nomination on March 29, polling April 7 - Star
Thursday, February 12, 2009
Nizar to vacate official residence in 10 days - Star
Feb 12, 2009 By SYLVIA LOOI and CLARA CHOOI
Statement to the media: Nizar speaking during his press conference at the Mentri Besar’s official residence in Ipoh yesterday. With him are (seated from left) former senior executive council member Datuk Ngeh Koo Ham, former state executive councillor A. Sivanesan and Nga Kor Ming.
IPOH: After almost two weeks of staying on in the Mentri Besar’s official residence, former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin has agreed to vacate the house within 10 days.
Nizar told reporters at a press conference at the official residence here on Thursday, he wanted to leave with dignity.
“My family and I will rent a place in Ipoh near my children’s school,” he said, adding that he was giving up the house in accordance with the law.
“By me surrendering the house, it will not jeopardise the case that we are filing at the High Court tomorrow (Friday),” he added, noting that he and the Pakatan Rakyat excos would operate from his rented place and the PR state headquarters.
To a question, Nizar said state secretary Datuk Dr Abdul Rahman Hashim had called him on Wednesday requesting him (Nizar) to relinquish the house.
“Out of respect, I agreed to leave,” he said, adding that incidents in the past week had turned the official residence into a symbol of the legitimacy of the Pakatan state government.
Nizar also said all the state’s former Pakatan Exco members would leave the 11 remaining Toyota Camrys for safe keeping at the official residence on Saturday.
“We are doing so as we respect the laws that we have,” he said, adding that the Pakatan Excos were no longer using the cars.
“After handing over the cars, we will use public transport, motorcycles or our own cars for official duties,” he added.
Asked why the former Excos did not hand over the cars at the state secretariat, Nizar said: “We felt that the official residence was the most appropriate place to hand over the rakyat’s belongings.”
He added that it was up to the Barisan Nasional state government to come to the official residence to claim the cars.
On another matter, Nizar stressed that Pakatan was not involved in the mammoth gathering said to be planned for Friday at Kuala Kangsar.
However, when asked if he would urge supporters not to attend the assembly, Nizar said it was their choice.
Statement to the media: Nizar speaking during his press conference at the Mentri Besar’s official residence in Ipoh yesterday. With him are (seated from left) former senior executive council member Datuk Ngeh Koo Ham, former state executive councillor A. Sivanesan and Nga Kor Ming.
IPOH: After almost two weeks of staying on in the Mentri Besar’s official residence, former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin has agreed to vacate the house within 10 days.
Nizar told reporters at a press conference at the official residence here on Thursday, he wanted to leave with dignity.
“My family and I will rent a place in Ipoh near my children’s school,” he said, adding that he was giving up the house in accordance with the law.
“By me surrendering the house, it will not jeopardise the case that we are filing at the High Court tomorrow (Friday),” he added, noting that he and the Pakatan Rakyat excos would operate from his rented place and the PR state headquarters.
To a question, Nizar said state secretary Datuk Dr Abdul Rahman Hashim had called him on Wednesday requesting him (Nizar) to relinquish the house.
“Out of respect, I agreed to leave,” he said, adding that incidents in the past week had turned the official residence into a symbol of the legitimacy of the Pakatan state government.
Nizar also said all the state’s former Pakatan Exco members would leave the 11 remaining Toyota Camrys for safe keeping at the official residence on Saturday.
“We are doing so as we respect the laws that we have,” he said, adding that the Pakatan Excos were no longer using the cars.
“After handing over the cars, we will use public transport, motorcycles or our own cars for official duties,” he added.
Asked why the former Excos did not hand over the cars at the state secretariat, Nizar said: “We felt that the official residence was the most appropriate place to hand over the rakyat’s belongings.”
He added that it was up to the Barisan Nasional state government to come to the official residence to claim the cars.
On another matter, Nizar stressed that Pakatan was not involved in the mammoth gathering said to be planned for Friday at Kuala Kangsar.
However, when asked if he would urge supporters not to attend the assembly, Nizar said it was their choice.
Pakatan postpones suit, lodges MACC report - Star
Feb 12, 2009 By CHAN LI LEEN
IPOH: Pakatan Rakyat will not be filing a lawsuit against Perak Mentri Besar Datuk Dr Zambry Abd Kadir Thursday as expected, but would do so at a “later date.”
Former mentri besar Datuk Seri Mohammad Nizar Jamaluddin was expected to file the suit to declare the swearing-in of Dr Zambry last Friday as unconstitutional and illegal.
According to Pakatan counsel Leong Cheok Keng, the suit could not be filed Thursday because the alliance’s lawyers were still rushing to complete documents.
“It would be filed at the Kuala Lumpur High Court at a later date,” he said.
Pakatan said it would not file the suit in Perak itself “so as not to cause embarrassment to the judges” here by requiring them to choose, he said when met at the High Court here Thursday morning.
Leong said that Dr Zambry would be named as the sole respondent in the suit by Nizar.
Earlier Thursday, Perak Pakatan lodged a report with the Malaysian Anti-Corruption Authority against Dr Zambry for appointing three advisers and a state information chief with executive councillor (exco) status.
Former Pakatan exco member Nga Kor Ming claimed their appointments were illegal under the state constitution and would cost the state RM960,000 a year.
IPOH: Pakatan Rakyat will not be filing a lawsuit against Perak Mentri Besar Datuk Dr Zambry Abd Kadir Thursday as expected, but would do so at a “later date.”
Former mentri besar Datuk Seri Mohammad Nizar Jamaluddin was expected to file the suit to declare the swearing-in of Dr Zambry last Friday as unconstitutional and illegal.
According to Pakatan counsel Leong Cheok Keng, the suit could not be filed Thursday because the alliance’s lawyers were still rushing to complete documents.
“It would be filed at the Kuala Lumpur High Court at a later date,” he said.
Pakatan said it would not file the suit in Perak itself “so as not to cause embarrassment to the judges” here by requiring them to choose, he said when met at the High Court here Thursday morning.
Leong said that Dr Zambry would be named as the sole respondent in the suit by Nizar.
Earlier Thursday, Perak Pakatan lodged a report with the Malaysian Anti-Corruption Authority against Dr Zambry for appointing three advisers and a state information chief with executive councillor (exco) status.
Former Pakatan exco member Nga Kor Ming claimed their appointments were illegal under the state constitution and would cost the state RM960,000 a year.
K'jaan Pakatan Perak berjaya selesai isu-isu tertunggak... - Malaysiakini
Feb 11, 09 1:40pm
Sepanjang 10 bulan mentadbir Perak, kerajaan negeri telah dapat menyelesaikan dalam masa yang singkat, isu-isu yang sudah lama tertunggak, kata Presiden Majlis Peguam, Datuk S Ambiga.
Katanya, antara isu-isu yang dapat diselesaikan oleh kerajaan negeri Pakatan Rakyat Perak ialah:
* Sebagai menteri besar, Datuk Seri Mohd Nizar Jamaluddin membatalkan kesemua aktiviti membalak dan perladangan di kawasan Orang Asli di sekitar Gopeng yang menjejaskan lebih 2,000 penduduk Orang Asli.
* YB Sivanesan mengumumkan pemulangan kira-kira 400 ekar tanah nenek moyang Orang Asli kepada masyarakat tersebut, yang telah diperuntukan untuk aktiviti pembalakan oleh kerajaan sebelumnya di Mukim Teja dekat Gopeng.
* Kerajaan negeri telah mengumumkan pemulangan kira-kira 500 ekar tanah nenek moyang Orang Asli kepada masyarakat Orang Asli Kampung Chang Sungai Gepai di Bidor, yang telah diperuntukkan sebagai tapak Taman Botani, oleh kerajaan sebelumnya.
* Sebuah pasukan khas mengenai hak tanah Orang Asli ditubuhkan untuk mengiktiraf secara rasmi semua tanah adat Orang Asli di Perak. Pasukan itu mempunyai dua peringkat. Peringkat kedua dikendalikan secara eksklusif oleh masyarakat Orang Asli sendiri dan dewan mesyuarat di bangunan SUK disediakan untuk kegunaan Orang Asli.
* Kerajaan negeri telah melantik seorang pegawai khas Orang Asli bagi negeri Perak yang ditugas untuk menyelesaikan semua masalah yang dihadapi Orang Asli di negeri tersebut.
* Mengadakan siri perbincangan dengan rakyat dan NGO mengenai aktiviti pembangunan di Ipoh. Sebagai contohnya, pandangan awam diminta berhubung cadangan pembangunan Pasar Yau Tet Shin.
* Penduduk Melayu dan Cina di kampung baru dan kampung tersusun diberi hakmilik kekal secara berperingkat.
Ambiga berkata, Majlis Peguam gembira melihat hasil-hasil yang positif yang dicapai dalam tempoh masa yang singkat untuk menangani isu-isu terbabit.
"Kita berharap kepentingan yang sama akan diberikan terhadap perkara-perkara berkenaan dan terus dilaksanakan tanpa sebarang kelewatan," katanya dalam satu kenyataan hari ini..
"Malah, kita menggesa kerajaan negeri supaya bersikap pro-aktif berhubung isu-isu yang membabitkan Orang Asli, masyarakat yang terpinggir dan kurang bernasib baik," katanya.
Sepanjang 10 bulan mentadbir Perak, kerajaan negeri telah dapat menyelesaikan dalam masa yang singkat, isu-isu yang sudah lama tertunggak, kata Presiden Majlis Peguam, Datuk S Ambiga.
Katanya, antara isu-isu yang dapat diselesaikan oleh kerajaan negeri Pakatan Rakyat Perak ialah:
* Sebagai menteri besar, Datuk Seri Mohd Nizar Jamaluddin membatalkan kesemua aktiviti membalak dan perladangan di kawasan Orang Asli di sekitar Gopeng yang menjejaskan lebih 2,000 penduduk Orang Asli.
* YB Sivanesan mengumumkan pemulangan kira-kira 400 ekar tanah nenek moyang Orang Asli kepada masyarakat tersebut, yang telah diperuntukan untuk aktiviti pembalakan oleh kerajaan sebelumnya di Mukim Teja dekat Gopeng.
* Kerajaan negeri telah mengumumkan pemulangan kira-kira 500 ekar tanah nenek moyang Orang Asli kepada masyarakat Orang Asli Kampung Chang Sungai Gepai di Bidor, yang telah diperuntukkan sebagai tapak Taman Botani, oleh kerajaan sebelumnya.
* Sebuah pasukan khas mengenai hak tanah Orang Asli ditubuhkan untuk mengiktiraf secara rasmi semua tanah adat Orang Asli di Perak. Pasukan itu mempunyai dua peringkat. Peringkat kedua dikendalikan secara eksklusif oleh masyarakat Orang Asli sendiri dan dewan mesyuarat di bangunan SUK disediakan untuk kegunaan Orang Asli.
* Kerajaan negeri telah melantik seorang pegawai khas Orang Asli bagi negeri Perak yang ditugas untuk menyelesaikan semua masalah yang dihadapi Orang Asli di negeri tersebut.
* Mengadakan siri perbincangan dengan rakyat dan NGO mengenai aktiviti pembangunan di Ipoh. Sebagai contohnya, pandangan awam diminta berhubung cadangan pembangunan Pasar Yau Tet Shin.
* Penduduk Melayu dan Cina di kampung baru dan kampung tersusun diberi hakmilik kekal secara berperingkat.
Ambiga berkata, Majlis Peguam gembira melihat hasil-hasil yang positif yang dicapai dalam tempoh masa yang singkat untuk menangani isu-isu terbabit.
"Kita berharap kepentingan yang sama akan diberikan terhadap perkara-perkara berkenaan dan terus dilaksanakan tanpa sebarang kelewatan," katanya dalam satu kenyataan hari ini..
"Malah, kita menggesa kerajaan negeri supaya bersikap pro-aktif berhubung isu-isu yang membabitkan Orang Asli, masyarakat yang terpinggir dan kurang bernasib baik," katanya.
ADUN Changkat Jering tidak dimasukkan ke HKL - Pengarah - MStar
Feb 12, 2009
KUALA LUMPUR: Pengarah Hospital Kuala Lumpur (HKL), Datuk Dr. Zaininah Mohd Zain hari ini menafikan bahawa Ahli Dewan Undangan Negeri (ADUN) Changkat Jering, Mohd Osman Jailu telah dimasukkan ke hospital itu baru-baru ini.
"Dia tidak pernah dimasukkan ke HKL," katanya ketika mengulas dakwaan adik Mohd Osman bahawa abangnya gagal hadir perbicaraan kes rasuahnya di Mahkamah Majistret di Ipoh semalam kerana dia dimasukkan ke HKL.
Menurut Norliza, abangya dimasukkan ke unit rawatan rapi pada malam Isnin.
Bagaimanapun, Norliza gagal menunjukkan sijil cuti sakit dengan mendakwa abangnya berada di bawah pengawasan doktor.
Majistret Sharmila Abdul Samad mengeluarkan waran tangkap ke atas Mohd Osman selepas Norliza memberitahu mahkamah bahawa abangnya dimasukkan ke hospital kerana masalah jantung. BERNAMA
KUALA LUMPUR: Pengarah Hospital Kuala Lumpur (HKL), Datuk Dr. Zaininah Mohd Zain hari ini menafikan bahawa Ahli Dewan Undangan Negeri (ADUN) Changkat Jering, Mohd Osman Jailu telah dimasukkan ke hospital itu baru-baru ini.
"Dia tidak pernah dimasukkan ke HKL," katanya ketika mengulas dakwaan adik Mohd Osman bahawa abangnya gagal hadir perbicaraan kes rasuahnya di Mahkamah Majistret di Ipoh semalam kerana dia dimasukkan ke HKL.
Menurut Norliza, abangya dimasukkan ke unit rawatan rapi pada malam Isnin.
Bagaimanapun, Norliza gagal menunjukkan sijil cuti sakit dengan mendakwa abangnya berada di bawah pengawasan doktor.
Majistret Sharmila Abdul Samad mengeluarkan waran tangkap ke atas Mohd Osman selepas Norliza memberitahu mahkamah bahawa abangnya dimasukkan ke hospital kerana masalah jantung. BERNAMA
Wednesday, February 11, 2009
Perak Pakatan to file suit in KL - Star
Feb 11, 2009 By SYLVIA LOOI
IPOH: Perak Pakatan Rakyat will file a legal suit to challenge the validity of Datuk Dr Zambry Abdul Kadir as Mentri Besar in Kuala Lumpur Thursday.
State DAP secretary Nga Kor Ming said Pakatan was worried about the impartiality of High Court judges in Ipoh if the case were to be filed here.
“All documents related to the suit is ready,” he said on Wednesday.
Pakatan is seeking a declaration that the swearing-in of Dr Zambry as mentri besar was illegal and wrong in the eyes of the law.
Under the Perak Constitution, unless there is a vote of no confidence against Datuk Seri Mohammad Nizar Jamaluddin in the state assembly, he would still be considered the mentri besar, Nga said.
He argued that any government formed without the approval of the assembly would be considered illegal.
Nga, who is also Pantai Remis assemblyman, also claimed that in this case, any agreements signed by the Barisan Nasional state government might be considered illegal as well.
IPOH: Perak Pakatan Rakyat will file a legal suit to challenge the validity of Datuk Dr Zambry Abdul Kadir as Mentri Besar in Kuala Lumpur Thursday.
State DAP secretary Nga Kor Ming said Pakatan was worried about the impartiality of High Court judges in Ipoh if the case were to be filed here.
“All documents related to the suit is ready,” he said on Wednesday.
Pakatan is seeking a declaration that the swearing-in of Dr Zambry as mentri besar was illegal and wrong in the eyes of the law.
Under the Perak Constitution, unless there is a vote of no confidence against Datuk Seri Mohammad Nizar Jamaluddin in the state assembly, he would still be considered the mentri besar, Nga said.
He argued that any government formed without the approval of the assembly would be considered illegal.
Nga, who is also Pantai Remis assemblyman, also claimed that in this case, any agreements signed by the Barisan Nasional state government might be considered illegal as well.
Long trail of power grabs in Malaysian states - Sun
Comment by Zainon Ahmad
WHAT is happening in Perak has a striking similarity to what happened in Sarawak in 1966. Less striking but similar are the train of events that led to the collapse of the PAS government in Terengganu in 1961 and the Parti Bersatu Sabah government in Sabah in 1994.
The Alliance government that ruled Sarawak after it became part of Malaysia was led by SNAP secretary-general Datuk Stephen Kalong Ningkan, an Iban. His independent ways led to strained relations with the federal government. Matters came to a head after he sacked Taib Mahmud (now Tan Sri), a member of his state cabinet, accusing him of undermining his government. Taib, at the head of a delegation of 21 Council Negeri members (state assembly members), flew to Kuala Lumpur on June 12.
With the support of the federal Alliance leaders, a letter signed by the 21 was dispatched to state governor Tun Abang Haji Openg prevailing upon him to sack Ningkan which he subsequently did. The chief minister protested and refused to budge until after a new chief minister, Penghulu Tawi Sli, was sworn in.
In July he pulled SNAP out of the Alliance and filed a suit against the governor and the new chief minister that in sacking him they had violated the state constitution. On Sept 7, 1966 the High Court ruled that that Ningkan continued to be the lawful chief minister of Sarawak since he had not suffered a vote of no confidence in the Council Negeri. It said the "no-confidence letter" shown to the governor was no substitution for the confidence vote in the Council Negeri.
But by the time Ningkan resumed the office of chief minister some of his supporters in the Council Negeri had crossed over to "the other side". He unsuccessfully appealed to the governor to dissolve the council.
Meanwhile, another "no-confidence letter" signed by 25 Council Negeri members was submitted to the governor who then requested the chief minister to resign which he refused. The federal government declared a state of emergency in Sarawak giving as reason the communist threat in the state. Using the wide discretionary powers he had during the emergency, the governor sacked Ningkan. Penghulu Tawi Sli returned as chief minister with Taib as his deputy.
In Terengganu PAS had won the 1959 state elections but had only a narrow majority of two in the 24-seat state assembly. But it was riven with all kinds of problems and in-fighting and subsequently it was this that brought about its downfall.
After two PAS members defected to the Alliance in 1961, Mentri Besar Mohd Daud Samad requested the sultan dissolve the state assembly but he was rebuffed. He continued to lead a minority government without calling for the meeting of the state assembly for as long as he could while negotiating for support from Party Negara members. On Oct 30, 1961 when the assembly met the PAS government fell in the ensuing vote of no-confidence taken against it. In the vote two more PAS members betrayed their party by abstaining.
In Sabah the PBS government fell in 1994 after several of its assemblymen defected to the BN shortly after the state elections in which Umno participated for the first time. Led by Datuk Seri Anwar Ibrahim, Umno did splendidly but its other partners failed it.
When his party lost its majority, Datuk Seri Pairin Kitingan asked the governor – whose son won a seat on an Umno ticket – to dissolve the state assembly but he was snubbed. He, therefore, had no choice but to resign his government.
PAS won Kelantan for the first time in 1959 but was ousted in 1978 after its rebellious mentri besar, Datuk Seri Mohamed Nasir, chose to defy the party leaders who were away in Kuala Lumpur as members of the BN government. He froze many of the logging concessions given out by the party leaders and threatened to expose some of their underhand dealings. The party leaders met and sacked him.
Because of his popular policies, the people demonstrated their support for him. Soon the demonstrations degenerated into violence and looting and an emergency was declared and federal rule was imposed.
After it was lifted a state election was called on March 11, 1978. PAS was almost wiped out and a BN government headed by Mohamed Nasir as leader of a hastily formed Berjasa ruled Kelantan. One of the architects of the PAS ouster then was also the person who later played a role in ending BN rule in the state in 1990.
Perhaps an amusing anecdote to all these cases in the nation’s political history is the power-grab attempt by a group of 28 Sarawak state assemblymen which has been referred to as the "Ming Court Hotel incident".
The group, which represented a majority in the 48-seat Council Negeri, gathered in Kuala Lumpur to seek federal support to oust Taib. They failed. They also attempted to see the governor who was unavailable as he was either away fishing or was sick. Taib easily got the governor to dissolve the Council Negeri and in the ensuing state elections his BN coalition won 28 of the 48 seats.
WHAT is happening in Perak has a striking similarity to what happened in Sarawak in 1966. Less striking but similar are the train of events that led to the collapse of the PAS government in Terengganu in 1961 and the Parti Bersatu Sabah government in Sabah in 1994.
The Alliance government that ruled Sarawak after it became part of Malaysia was led by SNAP secretary-general Datuk Stephen Kalong Ningkan, an Iban. His independent ways led to strained relations with the federal government. Matters came to a head after he sacked Taib Mahmud (now Tan Sri), a member of his state cabinet, accusing him of undermining his government. Taib, at the head of a delegation of 21 Council Negeri members (state assembly members), flew to Kuala Lumpur on June 12.
With the support of the federal Alliance leaders, a letter signed by the 21 was dispatched to state governor Tun Abang Haji Openg prevailing upon him to sack Ningkan which he subsequently did. The chief minister protested and refused to budge until after a new chief minister, Penghulu Tawi Sli, was sworn in.
In July he pulled SNAP out of the Alliance and filed a suit against the governor and the new chief minister that in sacking him they had violated the state constitution. On Sept 7, 1966 the High Court ruled that that Ningkan continued to be the lawful chief minister of Sarawak since he had not suffered a vote of no confidence in the Council Negeri. It said the "no-confidence letter" shown to the governor was no substitution for the confidence vote in the Council Negeri.
But by the time Ningkan resumed the office of chief minister some of his supporters in the Council Negeri had crossed over to "the other side". He unsuccessfully appealed to the governor to dissolve the council.
Meanwhile, another "no-confidence letter" signed by 25 Council Negeri members was submitted to the governor who then requested the chief minister to resign which he refused. The federal government declared a state of emergency in Sarawak giving as reason the communist threat in the state. Using the wide discretionary powers he had during the emergency, the governor sacked Ningkan. Penghulu Tawi Sli returned as chief minister with Taib as his deputy.
In Terengganu PAS had won the 1959 state elections but had only a narrow majority of two in the 24-seat state assembly. But it was riven with all kinds of problems and in-fighting and subsequently it was this that brought about its downfall.
After two PAS members defected to the Alliance in 1961, Mentri Besar Mohd Daud Samad requested the sultan dissolve the state assembly but he was rebuffed. He continued to lead a minority government without calling for the meeting of the state assembly for as long as he could while negotiating for support from Party Negara members. On Oct 30, 1961 when the assembly met the PAS government fell in the ensuing vote of no-confidence taken against it. In the vote two more PAS members betrayed their party by abstaining.
In Sabah the PBS government fell in 1994 after several of its assemblymen defected to the BN shortly after the state elections in which Umno participated for the first time. Led by Datuk Seri Anwar Ibrahim, Umno did splendidly but its other partners failed it.
When his party lost its majority, Datuk Seri Pairin Kitingan asked the governor – whose son won a seat on an Umno ticket – to dissolve the state assembly but he was snubbed. He, therefore, had no choice but to resign his government.
PAS won Kelantan for the first time in 1959 but was ousted in 1978 after its rebellious mentri besar, Datuk Seri Mohamed Nasir, chose to defy the party leaders who were away in Kuala Lumpur as members of the BN government. He froze many of the logging concessions given out by the party leaders and threatened to expose some of their underhand dealings. The party leaders met and sacked him.
Because of his popular policies, the people demonstrated their support for him. Soon the demonstrations degenerated into violence and looting and an emergency was declared and federal rule was imposed.
After it was lifted a state election was called on March 11, 1978. PAS was almost wiped out and a BN government headed by Mohamed Nasir as leader of a hastily formed Berjasa ruled Kelantan. One of the architects of the PAS ouster then was also the person who later played a role in ending BN rule in the state in 1990.
Perhaps an amusing anecdote to all these cases in the nation’s political history is the power-grab attempt by a group of 28 Sarawak state assemblymen which has been referred to as the "Ming Court Hotel incident".
The group, which represented a majority in the 48-seat Council Negeri, gathered in Kuala Lumpur to seek federal support to oust Taib. They failed. They also attempted to see the governor who was unavailable as he was either away fishing or was sick. Taib easily got the governor to dissolve the Council Negeri and in the ensuing state elections his BN coalition won 28 of the 48 seats.
Zambry appoints 4 advisers with exco status - Malaysiakini
Feb 11, 09 1:33pm
Barisan Nasional's Perak Menteri Besar Dr Zambry Abdul Kadir today announced the appointment of three advisers and a state information chief.
According to Bernama, the four will receive perks similar to those received by state executive councillors.
New Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his team addressing the media at a press conference at the state secretariat today before getting down to work. – Picture by Choo Choy May. Pix courtesy of Malaysian Insider
They are Mohd Najumuddin Elies in charge of Muslim affairs, Chang Ko Youn (Chinese community affairs), S Veerasingam (Indian community affairs) while Hamdi Abu Bakar has been appointed as the state information chief.
Chang, who is Gerakan deputy chairperson and Veerasingam, who is also MIC vice-president were defeated in the Beruas parliamentary seat and Sungkai state seat respectively in the last general election.
On the other hand, both Mohd Najumuddin and Hamdi won the Batu Kurau and Pengkalan Baru state assembly seats respectively.
Meanwhile, Zambry also announced the portfolios of state executive councillors which takes effect immediately.
Portfolios
The Perak state committee chairperson portfolios:
Zambry heads the Committee for Planning, Economy, Finance, Security, Land and Natural Resources, Agriculture, Housing and Religion.
Hamidah Osman: Industry, Investment, Entrepreneur Development, ICT, Tourism and Women's Affairs
Ramly Zahari: Infrastructure, Public Facilities, Energy and Water.
Dr Mah Hang Soon: Health, Local Government, Consumer, Environment, Transport and Non-Muslim Affairs.
Saarani Mohamad: Information, Rural Development, Poverty, Welfare and Farming.
Mohd Zahir Abdul Khalid: Education, Higher Education, Science and Technology
Zainol Fadzi Paharuddin: Culture, Youth and Sports.
Yesterday, the six Perak excos took their oath of office before Sultan Azlan Shah at Istana Iskandariah in Kuala Kangsar.
Zambry was sworn in as the new menteri besar last Friday after BN managed to form the state government after four Pakatan state reps left the alliance. One of them has rejoined Umno while the other three are 'BN-friendly' independents.
Barisan Nasional's Perak Menteri Besar Dr Zambry Abdul Kadir today announced the appointment of three advisers and a state information chief.
According to Bernama, the four will receive perks similar to those received by state executive councillors.
New Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and his team addressing the media at a press conference at the state secretariat today before getting down to work. – Picture by Choo Choy May. Pix courtesy of Malaysian Insider
They are Mohd Najumuddin Elies in charge of Muslim affairs, Chang Ko Youn (Chinese community affairs), S Veerasingam (Indian community affairs) while Hamdi Abu Bakar has been appointed as the state information chief.
Chang, who is Gerakan deputy chairperson and Veerasingam, who is also MIC vice-president were defeated in the Beruas parliamentary seat and Sungkai state seat respectively in the last general election.
On the other hand, both Mohd Najumuddin and Hamdi won the Batu Kurau and Pengkalan Baru state assembly seats respectively.
Meanwhile, Zambry also announced the portfolios of state executive councillors which takes effect immediately.
Portfolios
The Perak state committee chairperson portfolios:
Zambry heads the Committee for Planning, Economy, Finance, Security, Land and Natural Resources, Agriculture, Housing and Religion.
Hamidah Osman: Industry, Investment, Entrepreneur Development, ICT, Tourism and Women's Affairs
Ramly Zahari: Infrastructure, Public Facilities, Energy and Water.
Dr Mah Hang Soon: Health, Local Government, Consumer, Environment, Transport and Non-Muslim Affairs.
Saarani Mohamad: Information, Rural Development, Poverty, Welfare and Farming.
Mohd Zahir Abdul Khalid: Education, Higher Education, Science and Technology
Zainol Fadzi Paharuddin: Culture, Youth and Sports.
Yesterday, the six Perak excos took their oath of office before Sultan Azlan Shah at Istana Iskandariah in Kuala Kangsar.
Zambry was sworn in as the new menteri besar last Friday after BN managed to form the state government after four Pakatan state reps left the alliance. One of them has rejoined Umno while the other three are 'BN-friendly' independents.
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