Perak will show if Najib is the People’s PM

Observing all the political and legal rigmaroles for a while now, we can safely say that the situation has become absolutely absurd and convoluted.

Perak went from a rich state to a fool’s circus in the past few months.  We now have this ridiculous history etched into our minds, something to tell our grandchildren one fine day.

As more and more people voice up for a fresh election so that Perakians can show their decision as to who they want govern the silver state, we fail to see a possible solution to the deadlock unless something unthinkable is to happen first.

A Total Disaster in Perak – Reflective of Future Malaysia?

Each day we read of the political tussle in Perak with more disdain and disbelief.  The silver state has been plunged into a constitutional crisis that may be reflective of the possibility of future Malaysia.  What is happening in Perak, if not checked and constitutionally restored with full democracy, will show what the federal Parliament can eventually become.

Tengku Razaleigh a.k.a. Kuli has become the lone Umno voice that reflects the sentiments of all Malaysians.  His views depart from the Umno stance in stark contrast to the current Umno leaders.  His belief that the Perak crisis must be stopped is not shared by Umno.  His urge to respect the law and constitution and return to the people to obtain a fresh mandate did not go well with Umno (read here).

We now have moved from a frog jumping power takeover by BN to the use of Police and the court to interfere with the state parliament.  The separation of Judiciary, Executive and Legislative has been replaced by the power of the Police and lightning speed court injunction against the Speaker.  The state secretarial clerk now wields more power than the Speaker himself.  The Police listens to the clerk and act against the Speaker.

The misguided interpretation of the Perak Constitution leading to a sitting under the tree with an FRU blockage of the state secretariat building preventing the MPs from entering all shows the circus is in town.

In the haste of obtaining an injunction against the Speaker, BN forgot to check if Ridwan‘s tenure was still valid.  The judicial commissioner’s 2-year term ended last Saturday, 28 February 2009.  This will make any of his declarations and granting of injunction to the BN yesterday (3 March 2009) null and void (read here).  Some believe that he has acted in contempt of the Parliament (read here).

Perak in Crisis or is it really?

Today, Najib brought his 27 Umno, 1 MCA and 3 Independent (2 ex-PKR, 1 ex-DAP) assemblymen to show to the Sultan of Perak that BN has the majority support of the State Parliament.  Thereafter, the Ruler gave his consent to the BN to form the new State Government and instructed Nizar to resign as the MB.

If YAB Datuk Seri Ir. Mohammad Nizar Jamaluddin does not resign from his post as Perak Menteri Besar together with the state executive council members, then the posts of Menteri Besar and state executive councillors are regarded as vacant.

This statement is issued with the consent of Duli Yang Maha Mulia Paduka Seri Sultan of Perak Darul Ridzuan (read here).

To the BN, the takeover is a success (read here).

To the Ruler, he has satisfied himself with the proof Najib gave as having majority support of the Perak State Assembly by meeting the 28+3 assemblymen.

To Tun M, questionable assemblymen will taint Umno (read here).

To Tengku Razaleigh, Pakatan Rakyat remains the constitutional state government until they are defeated by a vote of no confidence by the BN and Independent assemblymen (read here).

To other legal authorities, they feel that the Ruler has made a mistake (read here).

To the Pakatan Rakyat, this is not over yet.  Nizar is refusing to resign and requests the Ruler to let the due process completes itself.  The court must decide if the 3 ex-PKR and DAP assemblymen’s resignations are valid or not.  Thereafter, a vote of confidence be carried out in the State Assembly sitting.

To the Police, the Pakatan Rakyat government is history.  They have locked down the State Secretariat Building (read here).  Such support for the Pakatan Rakyat elected state governments is unheard of.

Is there a real constitutional crisis brewing here or is it a figment of our imagination?

The Beginning of an End?

The inevitable has happened.  Najib made a press conference with the presence of Nasarudin Hashim, Jamaluddin Mat Radzi, Mohd Osman Jailu and Hee Yit Foong proudly declaring that BN is ready to form the next government in Perak.

(These four assembly men and woman will go down into history and be remembered as the cause of turmoil in Perak).

Earlier, Perak MB Nizar went to inform the Sultan of the dissolution of the Perak Assembly and sought his consent for fresh elections.  It appeared that the Ruler wanted to have more time to think about his decision and perhaps meet with Najib before coming to any decision.

The Perak crisis is now at boiling point.  What is going to happen next?

Pakatan in turmoil?

After a brief celebration of the defection of Bota Assemblyman from Umno, Nasarudin Hashim, to PKR last month, we now have 2 PKR Assemblymen from Behrang and Changkat Jering (Jamaluddin Mat Radzi and Mohd Osman Jailu) go “missing in action” and supposedly “bought” over by Umno, according to the rife rumors circulating.

In a pre-emptive strike, these 2 assemblymen “resigned” from their seats through a fax to the Perak State Assembly Speaker.  Then they purported no to have resigned but the letters were “undated” letter of resignations signed by them last year after the March General Election.

Today, after the Perak State Assembly Speaker referred to the Election Commission on the “resignations” of these two assemblymen, the EC decided that the “resignations” were not valid and hence, there will be no by-elections (read here).  The reason given was that the 2 assemblymen had written to the Perak State Assembly Speaker claiming that their resignations were invalid.  This EC decision may have gone beyond their jurisdiction and overturned the State Assembly Speaker’s decision.  Tian Chua claims that “in the absence of any court decision or injunction, the duty of the EC is merely to set the dates and hold the by-elections, and not decide on the validity of any resignations.” (read here).  Tommy Thomas has an excellent dissertation on this matter and very readable for the layman (read here).  If you signed a blank cheque, you are liable!

In an immediate reaction, Pakatan Rakyat gave the EC 48-hours to reverse this decision (read here) failing which the Perak State Government will take necessary actions.

As the 2 PKR assemblymen had announced they were not leaving the party and they did not submit any resignations from the party, there is no change in the balance of power in Perak (although it was purported that Jamaluddin has quit the party – read here).  However, in reality,