Hopping is legal and constitutional, says Aziz Bari, but “don’t bribe, kidnap or intimidate members of parliament or state assemblypersons”.
posted by din merican—February 8, 2009
www.malaysiakini.com
‘Hopping is legal and constitutional’
February 8, 2009
DAP chairperson Karpal Singh came under quick criticism today just hours after he called for Anwar Ibrahim to step down as the head of Pakatan Rakyat alliance. Constitutional expert professor Abdul Aziz Bari said that Karpal’s grouse against Anwar over the latter’s policy on party hopping was weak and flawed.
“Hopping is legal and constitutional,” he told Malaysiakini. He said that switching sides may even be approved by the voters. “In any case come election they will decide whether it is moral or otherwise,” he added.
And on the test of morality attached to these defections, Abdul Aziz said: “Simple. Don’t bribe, kidnap or intimidate members of parliament or state assemblypersons.” “Let them decide on their own freewill,” he said. He also said that a law to stop the hopping, as espoused by Karpal, was unconstitutional as it would breach someone’s right to free association.
“There is even a case to stress this point – the Supreme Court ruling in 1993 in the Nordin Salleh case,” he said. Abdul Aziz was referring to Karpal’s outburst earlier today, blaming Anwar for the disarray Pakatan was in at the moment, especially in Perak. The DAP politician also urged Anwar to step down as the chief of Pakatan, stating that Anwar had created enough trouble for Pakatan with his open calls of enticing defectors from Barisan Nasional to form the federal government.
Last week, defections from Pakatan resulted in the collapse of the Perak government, with BN taking over, with the support of the Sultan of Perak. Although the state was led by a PAS leader, DAP was seen as the biggest loser in the collapse as the party had dominated the state assembly with its members.
Karpal told reporters today that Karpal said that party-hopping can never be justified.
Sultan’s reserve power
On another matter, Abdul Aziz also said that it was time for people to stop criticising Sultan Azlan Shah for asking Mohd Nizar Jamaluddin to step down and then hand over the powers to BN’s Zambry Abd Kadir. At the same time Mohd Nizar has refused to resign, stating that he will do so once a vote-of-confidence is taken at the state assembly, or with the dissolution of the assembly.
This situation has resulted in Perak having two menteris besar at work. And the sultan has been widely blamed for causing this situation, over his refusal to dissolve the assembly so that the people can decide on who the want to lead them through polls.
“I think we got to be fair to the sultan and suggest ways to solve the problem,” said Abdul Aziz. He added that it appeared as though the BN has realised the critical state the matter has come to now and perhaps not knowing how to solve the situation.
“Zambry seems to have realised the difficult position he is in. BN should have stopped the ‘uncivilised’ approach taken by the state secretary and Ipoh police chief early Friday morning. Now the new MB says Nizar can take time to vacate the official residence,” he said. He, however, added that neither the federal constitution nor the state constitution provided any remedy for the prevailing situation.
He said that in constitutional law theory there was a view which allowed the head of state to take drastic measures to handle such a situation. “This includes what is known as reserve powers. And apart from this power, I believe the sultan can act on the state authority vested in his office.
And he suggested that the two things the sultan could do now to solve the impasse are:
(1) To revoke the appointment of Zambry and restate Nizar (though this may not be necessary as revocation is enough to allow Nizar to continue), or (2) To use the reserve powers to dissolve the assembly so that a state election could be held.
He added that in the meantime, the Nizar government could be retained as caretaker government. Alternatively, the state secretary can be asked to undertake the routine administration of the state. The sultan can do either of these to empower and enhance democracy.
I agree with my friend, Professor Aziz Bari, a constitutional expert, that freedom of association is part of an open and democratic society. Anwar Ibrahim is unfortunately blamed for the Perak backlash. But I do not for one moment think that he should resign as Pakatan Rakyat leader. He is the bond and the glue that keep the new alliance between PAS, DAP and PKR together. He is also the best known PR leader to the world.
Both the Lims (Kit Siang and Guan Eng) know that Anwar is an asset to Pakatan Rakyat. Karpal and Tunku Aziz, however, are of a different view. Well, that is the way we in PR operate. We can agree to disagree. But to suggest that Anwar must take sole responsibility for the collapse of the Pakatan Rakyat government is to me going way over the top. He cannot be responsible for Hee quitting DAP and becoming an independent candidate (aligned to MCA). Hee is DAP Perak’s problem and the man in charge of DAP Perak should take the heat.
If I may suggest, Karpal should stop being a maverick and must refrain from making comments in the media that will only benefit UMNO-BN, and strain relations within the Pakatan Rakyat coalition. Our differences can be settled at the PR Leaders Council.—Din Merican
dinobeano - February 8, 2009 at 11:23 pm
Absolutely Din. Karpal’s shooting from the hip doesn’t help in this ‘unpretty’ scenario. It’s just that Karpal has what we in some circles, call ‘opposition mentality’: criticise, criticise and criticise ad nauseum… But Governing takes one to another level!
What we need now is a mega pow-wow between the respective chiefs behind doors; and if deemed necessary – bang each other black and blue, but come out with a solid cohesive stand.
Lets not shoot out our mouths overmuch because it provides cannon fodder for the real ‘opposition’.
Irregardless, i still respect the “Lion of Jelutong” no end – Just a misplaced roar, but DSAI needs to perk up too.
Menyalak-er - February 8, 2009 at 11:53 pm
I thought it was BN who are the ones who started party hopping in East Malaysia. In any case, after the recent debacle in Perak, I think it will be foolish to still maintain that it is not damaging and hence to be allowed to continue. Don’t the politician’s ever learn !?!
If it is to continue, at least regulate the conditions , for example,may be there should be a time frame involved ,to be in a party before a cross over is allowed or the candidate has resign and vacate his/her seat first,etc.. !
ocho-onda - February 8, 2009 at 11:56 pm
A few points:
I see nothing wrong with having different opinions within PR and these opinions being expressed in public. Let the internal debates continue. Keeps everyone on their toes and PR in the news. At the end of the day go to elections with a united platform that has been throughly thrashed out both inside and outside the party. What can be stronger than that?
DSAI has some shortcomings just like any person, (and I am not his fan) but he had the idea of going for winning government while the opposition before him were pissing around with gaining a few seats. How can you ever attract good capable people unless you go for the ultimate price in politics? If your party does not aim for and goes for the ultimate price it is just a looser playing masak, masak.
DSAI has also shown talent to bring wildly differing groups together.
DSAI has also consistently called for all Malaysians to be fairly treated.
Let Karpal do his bit. Just look at the BN MSM lap it all up. Just like Malaysia, let us have unity in diversity in PR. The public are smart, they like their reps to be what they are not robots mouthing the same mantra.
Aside from the glue and direction that DSAI has injected into the opposition, what PR has going for it is the diversity of views. So everyone has something to like about it. Do not reduce that diversity, everyone will be the poorer for it.
Let a hundrerd flowers bloom in PR
bangsamalaya - February 9, 2009 at 12:25 am
“If I may suggest, Karpal should stop being a maverick and must refrain from making comments in the media …” Din Merican
Two issues. Being a maverick. Talking directly to the media.
Apparently, Karpal is not the kind who would compromise his principles for anything. A character trait that would be an asset under the right circumstances; in others it would be a liability to those who he seeks to serve. But as a lawyer it is a character trait nurtured by his years of training as a lawyer. His honesty and his loyalty to principles are the kinds of qualities you’d like to see in your lawyer. It takes more than that to be a successful politician.
There’s nothing wrong with being a maverick so long as you don’t set out to be one.
But talking to the media without first consulting those he works with? Well, what can one say? He is not a team player.
His leadership style is apparently abrasive and confrontational – just like that of Tunku Aziz’s.
Mr Bean - February 9, 2009 at 1:20 am
“Hopping is legal and constitutional,” he told Malaysiakini. He said that switching sides may even be approved by the voters.” Constitutional law professor
Party hopping is not illegal when there is no law prohibiting it. That is easy enough to understand. It may even be deemed by our courts to be constitutional. But what has that got to do with democratic principles, of democracy, of free elections etc.?
Even if party hopping is not affected by fraud, corruption, abuse of power do we want the practice of party hopping to affect the smooth running of our government?
Then there is the right way to party hop and the wrong way to party hop. The right way would be for the party hopper to resign from his or her party, vacate his or her seat and stand for fresh elections. Constituents who earlier cast their votes along party lines may want to reconsider now that their representative or representatives have switched affiliations.
There is nothing inherently wrong with party hopping provided it is followed by fresh elections.
Mr Bean - February 9, 2009 at 2:02 am
KS , should’nt you as chairman of DAP ,from which Adun Hee Jit Foong who betrayed PR resulted in BN rules again in Perak take some blame too ?
Why blame DSAI ?
Why can’t you discuss this amongst PR leaders before opening your big mouth ?
Fair - February 9, 2009 at 3:30 am
Saw the Karpal video someone handed over to Malaysiakini. It was a bit troubling to see Karpal in such a state – hate to say it of such a magnificent soul, but he did come across as a very angry old man. That’s not great PR for Pakatan Rakyat – or Karpal himself. To rant & rave with such undisguised rancor towards his comrades from the political trenches reveals a veteran warrior stricken with combat fatigue. BN-bashing is enervating & frustrating work- especially if you’ve spent the last forty years doing it without a cigarette break. Nevertheless, Karpal Singh is a regal & outspoken icon of truth & justice who is easy to forguive – and I was very impressed by the mildness & nobility of Anwar’s immediate response.
Antares - February 9, 2009 at 4:27 am
It’s a good suggestion. This will solve the impasse, restore the state’s stability and the sultan will regain any goodwill lost. Any other way will end in stalemate which will prolong the pain for both sides as well as the sultan. Nobody will win. Sort this out and move on. Our economy is going to the dogs and both sides of the political divide will lose their dignity and support if this is prolonged.
imwatchinu - February 9, 2009 at 10:02 am
The objectives of PR formation is to form the Federal and state govts. in all states in Malaysia. PR is already moving in the right direction with the capture of the 5 states in March 2008 .
PR is a coalition of DAP, PKR and PAS and in this respect, I would assume that any differences among component coalition partners should be discussed internally instead of washing this in the public.
It would not serve the interest of PR partners when the DAP Chairman publicly blare his frustrations and anger and especially targeting the Leader of Pakatan coalition.
Looking at the timing, I believe the timing of raising the issue of the hudud law when the KT by-elections was in progress and Karpal’s burst of anger with this issue of ” immoral ” encouragement of crossover by Anwar in September 08 would cloud the illegal grab of power by the BN.
The fact is Hee Yit Foong and the two PKR Exco members cross-over was conducted over inducement , threats of corruption and kidnapping. Otherwise how do you account for them missing for sometime ? Hee also mentioned that her contact asked her to name a price ! They did not crossover on their own accord.
The momentum of dissatisfection among the rakyat against the BN was mounting on this rampas kuasa and Karpal Singh’s burst of anger did not help the cause of PR but rather the BN as it diverts the public attention to the internal issue within PR.
This only provides canon fodder for the BN to use at the appropriate time.
ADUN Hannah Yeoh wrote in her blog :
To those who argue that the political crisis in Perak now is a taste of Pakatan’s own medicine (referring to the Sept 16 takeover plan), they have failed to see the key differences between the two.
If you remember what happened when Dato’ Seri Anwar Ibrahim claimed to have the numbers to form the new federal government, he wrote to PM Datuk Seri Abdullah Ahmad Badawi requesting him to convene an emergency sitting of Parliament. This was rejected by the PM. The next constitutional option is to press for the dissolution of Parliament to make way for fresh new elections. That was also not entertained. Anwar Ibrahim exhausted the constitutional means that were available to him. If Pakatan were to act unconstitutionally and lure defections, then we will be having a new government today. But we didn’t and we will not act unconstitutionally.
So you can’t say that Najib’s coup and Pakatan’s plan were one and the same.
Najib’s plan was grabbing power by all means including corruption, kidnapping , threats and coercion.
Some may also say, well what about the earlier defection of Bota assemblyman, Datuk Nasarudin Hashim? Why did Pakatan Rakyat accept him? Why not force his seat to be vacated for a by-election?
Let’s keep things in perspective here. His defection was that of an opposition lawmaker to a governing lawmaker. His defection did not alter the balance of power in the State Assembly. Pakatan Rakyat remained as government, and BN as opposition. Status quo.
Logically and intelligently, anyone can safely assume that Pakatan Rakyat didn’t need a defection from BN. Thus, he defected on his own accord and on his own will. There was no need for Pakatan Rakyat to force him to vacate his seat as he did not win the seat on a Pakatan ticket. The Pakatan government really has no standing in forcing him to vacate a seat which wasn’t earned by Pakatan in the first place!
I must say that I had great respect for Sultan Azlan Shah. Until yesterday. I wonder how he could possibly consent to the formation of a new BN state government when constitutionally, a government is still in place. And to even approve to a new Menteri Besar when the existing one is still in office? How can any state have 2 heads of government at any one time?
There can only be one Menteri Besar of Perak. This is a mockery of the electoral process.
The Menteri Besar can only be removed by the State Assembly via a vote of no-confidence or via the dissolution of the assembly. And none of these two constitutional means has been requested by BN. How can anyone claim that Najib and Anwar are one and the same?
Next, the Sultan called for a “unity” government to be formed by BN and the Independents. Let’s be clear about this. The Independents are in no way legally bound to represent BN. Well, at least not yet, not till they officially become members of a BN component party. All that the Sultan and Najib has from them is a verbal assurance that “we will be friendly to BN”. And just by appearing in a press conference with Najib, it justifies the change of government? What if next week these Independents were to be seen in a press conference with Pakatan? A real “unity” government envisioned by the Sultan should have been an all-inclusive government of Pakatan, BN, and the Independents. Pakatan and BN each have 28 seats, and the Independents 3. Thus, no single party or coalition has a commanding majority. If there is to be a “unity” government, it calls for a new coalition of PR-BN-Ind which is impossible. Thus, what the Sultan has called for is simply a name without substance. What “unity” if it’s going to consist of only single-minded representatives – all “friendly to BN”? That’s not a “unity” government, it’s a BN government. This is a mockery of the intelligence of Malaysians.
A beginning of what is to come with this PM-to-be.
Najib has no respect for law and order and he had with the assistance of the mainstream media under his contro spin it to place the blame on the Pakatan coalition and its leaders.
We have yet to see the tyrant in this PM-to-be. Action did not match his words.
fslam - February 9, 2009 at 10:03 am
For the hudud law Karpal should have strongly blasted UMNO for sleeping with PAS when they formed the coalition govt in Kelantan.
Did Karpal targetted his burst of anger on Najib instead of the HRH the Sultan of Perak on the illegal power grab ?
BN and UMNO just want to wash off their dirty tricks of rampas kuasa and divert the rakyat’s attention on PR govt. This would not work as the people are more intelligent than that.
UMNO and their NGOs wants to use threats of bringing people to court and play the racial card to justify their actions. Too bad as this will not work anymore. They are trying to use monarchy as a shield for their unethical and immoral grab of power. Shameful.
Rangseong - February 9, 2009 at 10:17 am
im a girl,23
i nak tanye sikit nape sekarang ni [the new government]
behave like apes??what are thy looking for actually?
come on people, we are living in this small country,but you guys act immaturely.You cant even follow the simple rules..
sape2 yg ade kuasa..ikut jela kuasa yg diberi..
tak payah nak gelabah ulra-vires in your power..
sedar diri sikit..!!
for example:
knape nak kena ade double standard in treatment amongs the politician[opposition v government]??
-ape A patut dapat as politician in the dewan,B also should get the same
-i refer pada kes Karpal singh been assaulted in dewan.where the police said that they cant enter parliament coz thy dont hv power to act so.
-BUT why dulu one of the guy from government side been assulted in the dewan,police can masuk campur?????
why???
[i dnt hv to mention the name of the particular person,you knw better than me]
Another thing bout the PARTY HOPPING.
i betul2 tak paham incident in PERAK benda simple..tapi these politicians people make it complicated…this is what we call
“kecik2 tak nak mati,dah besar menyusahkan everybody”!!
if u want to change party,do it like a man..dont act like “orang utan or beruk”.why do they have to do it in such a mysterious way???
pretending like thy been kidnappd,then declrd thy are no longer in pakatan…???why all ths wierd ways????why?…plz la bitches!!dont insult the public!!when you do this,its kind of humilation to malaysian people at large…dont you feel ashame of yourself??people are watching us from every corner of the world..this is not zaman “posto..posto”
nowadays,just a click evrytg will be revealed…tak malu ke??ke gelabah sangat nak cipta sejarah???
outside there people are busy working on how to fight with the economic crisis, here in Malaysia i feel like i’M living in the Zoo!!You people in authority, are selfish…
[im talking bout current government]
remember one thing,you are there because of your supporters…
but you,yourself is loser..you cant even make a rational and good decision..you cant even rule your government as it ought to be..
for example:kalau pun nak menambat hati rakyat,tak payahla reduce harga roadtax.org tak pernah kecoh pasal harga roadtax..bile you reduce the price of the roadtax,slh satu income for the government dah ilang…,you silap,.pastu,you naikkan harga minyak plak..tak ke sengal namenye tu??elow???minyak org guna hari2…roadtax setahun sekali…memanglah org pndg rendah pada Your government!!!
you naikkan harga minyak with the reason that government tak de duit la pe la..
ntah ape2 je…
padahal masuk pocket sendiri..
we as the public,mmglah tak boleh nak proof bout what you ppl are doing inside there,but we are not fool…through innuendo,we can assume and presume..even nak seleweng pun,pandai2 la cover…u bikin org panas…mmglah jadi kacau bilau..
tak reti nak memerintah,bile org bg opinion,u ckp “if dah resign,dok diam2 xpyah nak masuk campur dlm hal politik”
and u cakap kat Tun plak tu….elow????
sedar tak awak tu,dah lah slow…sume org blh “pijak” awak..
dulu zaman Tun xde org berani nak buat kacau-bilau…
knape??sebab Tun buat keje guna Otak…rational..bukan macam u…
sendiri pikirlah wei!![i knw,new broom sweeps clean,but dont forget old broom knows every corner]tp kalau dah new broom tu ade defect,xde maknenye nak sweep clean!!so,belajar2 lah terima pendapat org.
im not trying to be an ass kisser..but im here just to bring back the memory…[ye lah ikut kate pepatah "melayu mudah lupe]what can i do??i cant help to conceal the apparent facts though!!
dulu time Tun,economic crisis,the whole world live in chaotic situation…depress…tapi kite kat Malaysia,xrase sangat pun..xde pun harga minyak naik mendadak…xde pun naik tol yg bkn2..u kalo nak buat onar pun..biarlah rakyat tak perasan…ni tak pe yg you buat semuanya org rase tak gune..sampai bile nak tunggu wei???bg peluang..tp still camtu jugak..even worse…
i taw mesti ade yg akan cakap…”ZAMAN TUN LAIN,ZAMAN PAK LAH LAIN”
tapi…i berani guarantee if paklah ade kat tmpt Tun pun,you guys taw pe yg akan jadi kat malaysia ni???Malaysia dah lame tergadai n terjual.yela…since dia tak creative..dia akan pinjam lah kat kat world bank..silap2 kite jadi cam Guantanamo..tmpt buang org salah….dulu mase mule2 dapat jd PM kecohlah dok cakap Malaysia ni atuk nenek dia ar yg bg name la pe la..tak guna kalau dok gebang pasal sape bg name,tapi ultimately you cant even save your country!!
n kacau bilau kat hampir semua negeri in your country…
in my opinion, i rase kat malaysia ni yang menjadi masalah skang ni,org yg tak de power sibuk nak decide,yg ade power bebal,tak reti nak guna power yg ade…pe susah sgt???BACK TO BASIC!!IKUT RULES!!
kalau dlm dewan:
speaker yg ade power,dgrlah cakap,jgn membantah,speaker bkn bdh!!n speaker plak jgn lah bias.you can dispute,tp tak pyhlah sampai nak bertumbuk bergaduh!!do it maturely..like human
kalau state level:
dgr cakap sultan..
itu negeri dia..
bkn negeri sape2..
dia ade hak tuk pilih sape yg dia nak..
the rest cume menjalankan ape yg ptt dia jalankan
so jgn act like its your own state!!
if sultan salah cakap,nasihat dia..bukan dok bergaduh n merumitkan keadaan..tak paham ke maksud peace??
kalau federal level:
dgr la ckp PM..
tp PM mestilah the right person..
kalau sibuk cite pasal islam hadari,just to get the name,xpyh..
padahal benda same je..islam still islam..u bawa fahaman islam hadhari membazir duit kerajaan je..yela,,nak explain kat org satu hal..nak produce buku satu hal…nak bg pamplet satu hal..sume tu mengunakan duit..duit sape ???
duit kite gak…baiklah kite guna duit tu beli computers for students..ni tak..erm..hampeh…
tolonglah…sumpah i tak nampak sape2 pun yg layak untuk jadi PM dlm negara kite ni…i tau hidup as a prime minister bukan senang..mmg la banyak godaan sume…bukan senang nak jadi “good person” in politic..as we knw politic is dirty..who makes it dirty??the politicians themselve..its not easy to change everybody..so,the easiest way is that… [this message goes to all politicians]:
you nak play dirty game,you play lah..tapi jgn bg org nampak your real game…make sure you potray the clean games..
biler org nampak,org marah,org kutuk,org kritik..so bile org buat sume ni..you dah tak boleh duduk dalam your dirty game..
why??because the game is over!!you are out…
next plzzzz…so who gonna be the next PM??
YOU DECIDE!!
no hard feelings!!
correct me if i am wrong
tq 4 reading my comment.
atilicious - March 4, 2009 at 11:03 pm