Relieving Toothache with Imodium

We are applying the wrong medicine!

People who suffer tooth ache use an ointment called Orajel. Sometimes they use Clove Oil or even ice cubes to numb the nerves. When we have stomach cramps associated with diarrhoea, people consume Emitrol or Imodium. Lesson: each ailment has its appropriate relief.

When Justice Abdul Aziz gave judgement in favour to DS Nizar, he cited article 36(2) of the Perak Constitution as the governing provision. Lawyers for DS Zambri believed the appropriate provision is article 16(6) of the Perak constitution.

Justice Abdul Aziz sees a motion of no confidence carried out in Assembly as the test to ascertain no confidence. Without such test, loss of majority cannot be determined. As there was no such motion moved at the DUN,Nizar was deemed never to cease being the MB. In arriving at his judgment, Justice Abdul Aziz considered the personal opinion of HRH Sultan of Perak as irrelevant.

The 3 judges said no. It is not necessary to pass this test. Loss of majority can be ascertained by extraneous means. One such means, is allowing the ruler to ascertain the issue. That was HRH Sultan of Perak did. He interviewed each and every one of the 31 ADUNs who presented themselves at the Istana. Satisfied that all of them supported Zambry, he ascertained that Zambry enjoyed majority support.

Do we see what is essentially a political problem, when subjected to legal solutions lead us to? The 3 JCA overturned the judgment of the court of appeal and declared that Zambri is the rightful MB. It is leading us to a legal circus.

The case is now on appeal to the Federal courts. What if the appeal takes a long time? What if after that, the Federal Court reaffirmed the findings of the Court of Appeal? That would make the current appeal counter productive in the sense it will subject the people of Perak and along with it, the entire nation to endless rounds of recriminations.

It will no longer be an issue who started what first. That we can argue until we are blue in the face but all the while unmindful and insensitive to the fact that the people of Perak are growing disillusioned day by day.

If the judgement had been in favour of Nizar, I would have maintained my position. I would urge the UMNO leadership in Perak to observe a stand down. I would have written to suggest they concede defeat, go back to the drawing board and prepare for war in the 13^th general elections. The people of Perak are tired of the never ending political problems made worse by the intervention of the law.

Now that Zambry has won, I would make the same suggestion to the PR leadership. The suggestion is to stand down and prepare to unseat the BN in the next general elections. Spare the people of Perak the ordeal of having to endure a torturous game of political brinkmanship.

See what this political problem has turned into? Once the law is applied, the problem takes a different course. I am sure some really bright lawyers will find some clauses here and there( read I am smarter than you), lacuna here and there( read the law is an ass), this one distinguished on these facts ( SM Salim's dulu lain, sekarang lain), judges have misdirected themselves here and there ( read some judges are more stupid than others) ad nauseam.

A political problem could have been solved through political means. What we have here is not a problem in law but a political problem. We have a severe tooth ache but as relief we are given something to clear severe indigestion.