February 7, 2009
The Malaysian Insider
Perak—A Failed Democracy
by Khoo Kay Peng
From a legal point of view I was made to understand that the power of the Sultan of Perak to disallow the dissolution of the state assembly is a grey area. What is obvious is the Sultan does not have the power to dismiss the serving menteri besar other than through a vote of no confidence.
Another grey area is whether the Sultan should accede to the request by the menteri besar to dissolve the assembly or whether he can act on his own prerogative to allow it or not.
I am not a legal specialist. Legal experts such as Malik Imtiaz have argued eloquently on this matter. However, as a legal expert His Royal Highness should understand that what is legal may not necessarily be moral or democratic. After taking full legal consideration, to allow the installation of the BN government in Perak has confirmed the Sultan’s oversight on important elements such as democracy, morality and stability of the state government.
There are three grounds which I found the Sultan to have erred in his decision.
First, it is obvious that he did not weigh the sustainability and stability of the new government, which gained power through the back door. On this ground, the popularly elected Pakatan Rakyat government was brought down not through democratic means but through defections of its members to the opposition.
Legally, the constitution provides for freedom for association but this freedom is not absolute. We need to study this freedom of association in the context of a state or federal government. Malaysia practises party politics and most of its elected members are linked to political parties. The ruling coalitions are made up of political parties.
Hence, it is not democratic to allow for any defections which may easily threaten the stability of an elected government. Moreover, the three assemblymen who defected did not give any public explanation to justify their decision to defect. They even tried to get the public to believe that they were busy with their respective commitments.
Next, the Sultan has failed to conduct a test of character on the three defectors who are key to the change of government. If a test of character is conducted, the three assemblymen would have a problem to justify their defections. Firstly, two of the three are facing corruption charges and are due to face the court on February 10, 2009. If found guilty, they would have to vacate their seats.
Hence, it is obvious that even the new BN government, supported mainly by the three assemblymen, is not stable. Thus, it is in the interest of the Sultan to ensure that the probability of such an unstable government should not be allowed to exist. His Royal Highness should have appointed a caretaker government, at the very least, before their cases are called and argued in court. The assembly speaker has filed a case against the three defectors claiming that they have resigned. This case should be allowed to go to the court too.
It is obvious that the claim that they were made to sign the resignation letters under duress is hard to prove. It is part of employment terms since the three held important positions in the Perak state government. On this point, the Sultan has failed conduct a morality test on the three. There are reasons to believe that their defections may worsen the negative conduct and practice in politics. This conduct is detrimental to the people if they are allowed to be part of the new government.
Third, the Sultan had initially indicated his choice of a unity government. This term is greatly misunderstood by His Royal Highness. There is no unity if the largest faction of the assembly is not included in the new government. A unity government formed between the BN and three so-called “independents” is not sensible and defeats the real meaning of unity.
All points considered, I believe the new government will be even more unstable than the previous one. Moreover, the manner in which the state secretary and the police who acted in an unconstitutional and irresponsible manner against the incumbent elected menteri besar has worsen public outrage. Politicians, especially those from the BN, should learn to respect the democratic process and the rule of law.
Perceptions are a powerful force. The perceptions formed on the BN and the new Perak are government detrimental to its rule. The decision to unconstitutionally dismiss the elected MB and his administration is a bad decision of the Sultan’s part. It is obvious that the decision has failed the democratic and morality test.
The manner in which the incumbent government was toppled is illegal. Malaysians must learn an important lesson. It is they who can protect and defend their beloved democracy and constitution, not the politicians and not even the royalty.
Din Merican: the Malaysian DJ Blogger 
There are two viable and sensible options to take consideration of.
1) To have a re-election to let the people of Perak decide who is the legitimate MB, to break the stalemate.
2) To pass the law to ban future party cross overs.
Let us bring dignity and integrity back to our political landscape ! Let this be an important lesson to both BN and PR that party hopping is a double edged sword that can cut both ways and it should be thrown into the sea together with the four jumping
toads !!!
I would go for morality in Perak’s case.
A govt coming through the back door is like a thief looking for opportunities or lover looking for excitement. This type of incident will create trouble in the state. The aggrieved rakyat will not keep silent like what is happenning now. If there were to be a re-election every voters would be happy and PEACE would prevail. So the best decision is to dissolve the govt. Mind you UMNO if they are brave enough might get the majority this time because of the racial composition of the previous state Exco. DAP which won many seats and PKR should have sacrifice at least 50% of the seats to the malay reps the last time around. AND don’t ever fight for the MB’s post. Not now. If America can wait a few hundred years to get the black to be the president, so can we. But give more time. At least it would make the 50% malay perakians happy. Don’t get me wrong, I am not trying to be racist. What the pakatan rakyat has done is success in bringing racial harmony compared to BN. Congratulations. AND Lastly, I don’t blame the sultan in this case because I know he knows better, although I don’t agree with his decision.
“….It is obvious that he (Sultan) did not weigh the sustainability and stability of the new government, which gained power through the back door. On this ground, the popularly elected Pakatan Rakyat government was brought down not through democratic means but through defections of its members to the opposition.”
BN gained control of the State Legislative Assembly through defections by disgruntled so-called representatives of the people which should have given way to fresh elections for the seats made vacant as reqquired by the democratic due process, so the people could elect their representatives.
In the absence of provisions to the contrary, justiciable use of his discretion under those circumstances means that the Sultan will have to agree to the proposed dissolution of the legislative state assembly.
What went wrong??
Some clever-by-half ball-carrying legal experts (one does not even have balls) were quick to argue that the discretion is personal to holder. Obviously this is the only interpretation left to them if they do not want to see the Sultan’s decision challenged in court!
Sure, Perak : A failed Democracy. It is so sad, that the father and son, of the Royal Household, can stand on high ground to give stirring speeches on Good Governance and Rule of Law etc , failed to live up to what they want the people to be.
Lord Denning once said ” BE YE SO HIGH, FOR THE LAW IS HIGHER “.
No one is above the law. If they believed so stronly in Rule of Law, then they must also argue their decision in court. This is democracy
cik din,
have you read RPK latest article:
http://mt.m2day.org/2008/content/view/17783/84/
i also heard one prof said this in his blog:
http://hamirdin.blogspot.com/2009/02/kamungting-inches-towards-nizar.html
also laila GMI keep saying about more new buildings with higher walls being built in Kem ISA Kamunting here:
http://lailagmi.blogspot.com/2009/02/isa-lebih-kerap-digunakan-selepas-march.html
i really felt that DS Nizar safety is very critical at the moment. please discuss with DS Anwar and get the best solution.
For me, i personally think that DS Nizar need to retreat for a while. I agree with RPK when he said this in his conclusion:
‘We lost the battle. But we are yet to lose the war. That is the big picture. So focus on the big picture and see how we can eventually win the war. That is more important. And how do we turn defeat into victory? How can we menang dalam kalah? We can turn defeat into victory if our leaders are clever.’
BN (UMNO, MCA, MIC, Gerakan), the Police and the Ruler must ponder if it worth all this ill-will, discontent, hatred, anger, instability and eventual anarchy in return for granting temporary power and propping up an illegal government.
If the constitution is not supreme, than what is?
Imagine the economic repercussions to the state and country. Discontentment is spreading to all parts of the country.
If a snap election can solve these problems in one stroke of the pen, then why not BN agree to it. Unless it is to protect its sure demise in Perak.
When personal/parochial interests supersede the nation’s, then we are doomed.
All the legal technicalities aside, the most decent, fair, unbiased, moral approach is to go back to the rakyat. Let them determine who they want to be in government. What is politics all about? Isn’t it for the people, by the people?? Yes yes I know not in Malaysia ya?
Perak Sultan guestbook saves only the most recent 50 entries. SIGN PETITION: A Plea to Defend the Voice of the People @ http://www.petitiononline.com/MyPlea/ – use real names and no flames please. It’s a platform for you to state what you want and not to let off steam or to bash His Royal Highness.
Updates on this petition, follow topic “Perak Under Siege. What Can We Do?” at http://www.facebook.com/group.php?gid=33559455073
Please help to spread the word. Copy paste and forward on. Thanks.
Perhaps the Sultan of Perak valued economic gains more than democratic gains = the same as the other frogs. This would be the most logical reason as practically it is impossible for PKR to match any financial offering versus that of the Federal Government.
But surely the throngs of protests leveled at the Highness is a good sign for Malaysians. The Royal Family will gain much from this episode.
The best that PKR can do, is to move on, and concentrate on getting things done for the people in the remaining four states and concentrate on the coming election in East Malaysia. Perak is a lost cause, and PKR got itself to blame for starting a game it cannot afford.
We certainly cannot blame the sultanate and the frogs – they made a decision – that decision was not favorable to Pakatan – their values are different from those of Pakatan and different from the expectations of the common people. Perhaps patience will be a virtue as the anger on the street will mean more votes for Pakatan in the next election. The best that Nizar can do, is not to contest the decision of the Sultan, but to work and voice issues for his electorate. To become entangled in protest against any Sultan is simply a lost cause.
UMNO should not blame Anwar for the idea of cross-overs. Why
must UMNO steall the idea and practice something which UMNO was against from the first instance when Anwar spoke about cross-overs. Why must UMNO practice something which is not right and which they were against??? If ever there were cross-overs from UMNO to PKR I bet my bottom dollar that the scenario would have been a WORSE situation, the supporters from UMNO would have protested and acted more aggresively (but to UMNO whenever their protesters protest it is always legal). There is no democracy now and UMNO is making use of the Sultan by accusing people of not respecting the Sultan just because the Sultan ruled in favour of UMNO. If the Sultan has ruled in favour of PKR do you think UMNO will be so supportive of the Sultan????
Monday, 09 February 2009 00:14
Breaking News 1 — Kedah PKR state executive councillor V Arumugam has resigned as executive councillor and state assemblyman citing the threats and intimidation have made it unbearable for him to continue. The PKR assemblyman did not join BN. A by-election for Bukit Selambau will have to be called.
KEDAH EXCO NOW CLAIMS VICTIM OF KIDNAP PLOT
Tuesday, 03 February 2009 00:42
PKR’s Kedah state executive councillor V Arumugam today claimed he has been a victim of a kidnap plot and other threats since he was elected in the general elections, saying he believed these are attempts to get him to defect from Parti Kedilan Rakyat to the Barisan Nasional.
The Bukit Selambau assemblyman said he has lodged a police report about the threats to him and his current and previous aides.
“Individuals have been sent to to persuade me to leave PKR with several lucrative offers. And the latest visit was a few days ago,” Arumugam said in a press statement released here today.
He claimed that he was the target of a kidnap attempt last Oct 17 but did not give details. He said the incidents began after the elections with several phone calls last March 31 that threatened his family’s safety and a threat tied to a brick that broke the windscreen of his official Proton Perdana with the number plate BKL 4000 on Dec 17.
“The events that befell my two fellow PKR exco in Perak has made me come forward to disclose this,” Arumugam said, alluding to Perak state executive councillors Jamaluddin Radzi and Osman Jailu who had been missing for five days.
Arumugam also said he was worried for his and his family’s safety if he kept the threats a secret and urged the police to investigate all his police reports and take immediate action to secure his family’s safety.
“This will allow me to serve effectively and efficiently as a state executive councillor and an assemblyman,” he said.
Arumugam, who garnered 13,225 votes against MIC candidate S. Krishnan’s 10,863 votes, ran as an independent and joined the Pakatan Rakyat state government on condition of being appointed a state executive councillor.
Comments :
The way that BN wants to take over the state governments is disgraceful.
The PR state governments won the rakyat support legally in the recent March 2008 elections and they resort to all means using threats , assemblymen kidnapping , inducements / enticement with millions of rinngit and offer of Exco positions and if all these fail use the monarchy to assist them by legitimizing their rampas kuasa.
The Police cannot do anything with the numerous reports lodged.
This system is no better than an anarchy which existed in Somalia where warloads ruled.
All right thinking Malaysians should condemn such despicable acts otherwise elections served no meaning .
MPs and ADUNs can then be traded like that in a meat market and if this does not work point a gun on your throat.