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Sakmongkol ak 47

ariff.sabri@gmail.com

Sunday, 24 May 2009

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 13th 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.

18 comments:

Perak,  24 May 2009 at 09:43  

Nothing less than fresh election is acceptable.

mat t,  24 May 2009 at 09:57  

You maybe right but tell me deep down in you that you can trust this zambry guy to keep the state coffers safe.Ultimately the plundering will never stop and the one's that gave the blesssing for this marriage of convenience will benefit.

Nik 24 May 2009 at 11:21  

Dato' Sak,

Absolutely Dato', Absolutely...

You could not have made the point Clearer..

Except for those who are now going through the learning process...we who have been through legal circuses know how things will turn out...BUT THEY WON't LISTEN!!!

I remembered Badawi used to say, "I am Listening".. But he also never did!! See what happened to him?!

Jalil,  24 May 2009 at 11:48  

Dato Sak,

How about if an MP with all PR & some BN MPs declaring majority in front of YDPAgung and immediately the current sitting PM is sacked (taking the precedent set from the Court of Appeal judgement), would UMNO or BN be willing to accept this situation?

No less than fresh election in Perak would solve its political problem.

BN may win Perak now using whatever means, but may lose the Federal control comes GE13 if the situation in Perak is not solve accordingly, it has becoming a national issue for voters to consider.

Anonymous,  24 May 2009 at 11:48  

Fresh elections.

The courts do not have the appearance of impartiality. Everything seems to be fix before hand. That may not be true but that is the impression one gets.

Fresh elections.

Anonymous,  24 May 2009 at 11:52  

Leaving aside whats proper and not proper legally SAK.

Do you not see that when you ask PR to prepare for war in PRU 13, it is EXACTLY in their interests to continue flaming the rakyats anger with Barisan Najis at this illegal takeover of Perak state.

if i was PR and Nizar, i will take this opportunity to continue keeping Perak issue burning alive for the next 3 years and stoke peoples anger till a maximum.

Thats why i say if Najis Razak was clever, he will immediately concede Perak NOW and at least he has 3 years to make sure peoples memories forget what has happened.

he is signing his own death warrant , Najis will go where he belongs, into the toilet!!

The PDRM try to snuff out protests but the moronic way they are doing it just serves to flame peoples anger.

I ask you, what logical reason should PR have to let this issue die and let Perak be, politically, this is the SILVER BULLET to finally kill Barisan Najis.

Lets see Zambry rule Perak the next 3 years and lets see how much shit we can stir up!!!!

Muhammad Firdaus 24 May 2009 at 12:28  

Assalamualaikum wbt Datuk,

The High Court made the right rulings when no ascertions and/ or assumptions overuled the State Constitution but am dumbfounded with the results of the Appeal.

Knowing the 3 froggies, they basically are independants "leaning" towards BN for the moment but then again, being froggies, one can never really read their mind and anticipate their next move(in fact, it goes with the remainder of the 28 BN ADUNs). So in any logical scenario, how could the Appeal Court suggest that there was no real need to have the confidence vote undertaken on the floor when HRH Sultan already determined otherwise... Ini macam pun ada kah, what happened to facts & figures ?? This is a very bad precedent set don't you reckon so...

Wassalam,

Muhammad Firdaus Christopher

mangchikla 24 May 2009 at 13:00  

Dato, for yr reading pleasure perhaps?

walla 24 May 2009 at 13:26  

It was more haste but less speed.

We have the word of His Highness from mano-a-mano interviews when a simple vote of the assembly in sitting would have put everything up for all to see. We have turncoats under corruption "investigation" who gave a new meaning to the word 'independent'. We have another independent who till today has not given one credible iota of a reason why she had really vacated. We have one eager-beaver of a kutty who shall be remembered for the cheap shots he took on the Pakatan MB in a way that showed he was more concerned about his winning for his party than he was about the other man losing the means to serve the people.

So how can the rakyat of Malaysia, let alone the Perakanans, not suspect things are amiss which no amount of political shenanigans will allay?

For all the tug'o'wars, the damning question remains:

why can't the matter be settled once and for all through elections?

Let the people decide for themselves. If this is not done, how do Zamry and Company think they can run the state until the next elections?

The rakyat saw for themselves how uniformed trespassers literally grabbed the Speaker and hustled him out of the assembly, and yet Umno can say it was not a power grab but could not explain under which regulation that could have been allowed.

The rakyat asked what is it that Zamry and Company will do for Perak that Nizar etc have not already started on. If the answer is 'more funds will be poured in', then the next question will simply be this:

'You mean you would let the rakyat of Perak suffer under your opponents when you all along had the funds to give just so that you be the one to disburse them? Isn't that self-arrogance for missing what a government is all about?'

Malaysia is in this crazy situation because some people have forgotten what is government and what is politics.

They have put their brand of politics above the interest of the rakyat and their belief in what a government should be all about.

When you look at Umno in Perak, you cannot escape the inevitable conclusion:

one, it is all about winning;
two, it is all about 'us versus them' and 'them' here means the rakyat;
three, 'us' is all about the Umno which has to get back 'lost ground', and
four, 'lost ground' is all that seems to matter to Umno, not 'do the right thing'.


So what is 'Umno in Perak' if it is only trying to avoid final settlement of the matter by letting the people decide once and for all?

Chickin'?

And this call to let it be is not going to work. It is not working for the PSD. It is not working for the police against candlelight vigils. It is not working for lingamized judges. It is not working for a whole load of other things. Like Umno's handiwork in PKFZ.

And it is not going to work for a state whose people cannot escape the conclusion that they are going to be ruled by usurpers fronted by what seems to be crony processes when it should be the voice, will and interest of the rakyat above all else that should be the only thing going forward.

And the reason is plain for those who still can see with eyes that the Almighty has given all.

If a party does not exercise moral rectitude founded on good principles of conscience, humility and recognition that the rakyat come first and foremost, then it is only a cheap agglomeration of opportunists trying to act as pretenders to what a government should be - in this country, in this age, and in this hour.

So what kind of reforms is the Umno leadership talking about this time? Maybe the only way they can make the populace accept their earnestness is to first douse everyone with a barrel of procaine hydrochloride followed by a liberal dose of nitrous gas.

That should go down easy because the rakyat have been taking a load of antics so far.

Dhahtran Sea,  24 May 2009 at 13:42  

Salam Tok Sak,
Brilliant! I wish the UMNO/BN & PR jokers could see the point... stop this endless politico-legal bulls**t and compromise for the sake of the rakyat in Perak... I wish the PM would be wise enough to end this political game, which btw, has already engulfed him into unproductive distractions... its the ECONOMY that is of priority now, stupid!

Anonymous,  24 May 2009 at 14:10  

Dato,

The country is very new to this "political" flux..the ebbs and flows that will be the usual if no one single party dominates as BN have in the past.

BN ,the civil service,the rakyat and the royalty have to learn to accept that there is no status quo.And there is no opposition nor a ruling party >>only a government and an opposition to the government.

Its a simple concept but difficult to assimilate within our current mindset.

In a nutshell,if everyone plays by the rules then the rakyat wishes will be realised.If the wish is to win every skirmish and mini battles eventually the risk of losing the war becomes more pronounced.Case in point is the Perak affair >>BN is digging its own PRU13 grave and only an economic miracle PLUS a major PR misstep can save BN in Perak.

And the risk of the Perak spillover to the other states is increasingly likely.

The legal process is the CORRECT platform for the parties to seek restitution but they should spend a few hours contemplating the wishes of the rakyat too.And the three froggies are definitely not the Rakyat's favorites now.

silver guy

zorro 24 May 2009 at 16:31  

Datuk Sak,do you think a stand-down by either side will solve the problem? From a distance,we observers can only dispense solutions. This way, we forget that it is the people who must decide. They will have to decide and they must be given that mandate which is their right. The people in Perak do not expect the parties that brought about this mess will ever own up. The least they could do, to save whatever face left, is to let the people of Perak decide. Just my thoughts on your stand-down.

Eyes Wide Open 24 May 2009 at 17:27  

"It is not necessary to pass this test. Loss of majority can be ascertained by extraneous means."

This is an extremely dangerous precedent, especially where there are no very firm grounds to base the judgements on. We have yet to see the written judgements to see how they interpreted the Constituion to arrive at that judgement.

But no matter how the law is interpreted, the Court's various judgements have more or less destroyed the checks and balances in our Constitution.

Especially in this judgement - what's to stop anyone from applying to the courts to legitimise their "extraneous means of determining majority" and grab power?

What is the meaning of "extraneous means"? Will it also cover signature campaigns, online surveys, secretly taped recordings of reps' personal views, etc?

The integrity of our country's entire democratic process is at stake here.

Anonymous,  24 May 2009 at 18:35  

unfortunately, your suggestion is not the right antidote for the Perak saga. Coz it only serves to legitimise an illegitimate grab of power and wanton abuse of key institutions (police and judiciary).
no, nothing less than a fresh election is the acceptable way. in any real democracy, the decision on the legitimate govt rests with the people and not thru some underhand and low-life tactics.

Nik 24 May 2009 at 18:43  

Dato' Sak,

You're THE UMNO Man..

Forget the Verbal Diahrroea that you are subject to on this site.

Tell NAJIB Before it's too late :

The HARSH AND ADVERSE Potrait of His Life and Carrer is being STRONGLY ENGRAVED in THE PUBLIC MIND and will Survive him by Many Decades.....

nightcaller 24 May 2009 at 21:24  

Sak

Agree with u. This charade has gone far too long and exhausting both sides.

Just imagine if PR appeals to federal court and lose. Will they then go to special courts (for rulers)? Will they bring right up to commonwealth court?

With next GE 3+ years away, this legal tussle is going to drain PR's coffers, and built negative perception to PR.

Not to mention that in all probability, the Osman Jailu and Jamaluddin's case's verdict will be out in the next 2 years. By then, if they are found guilty, BN need not call for by elections on the vacated seats (because the GE is less than a year away).

Better for PR to stand down, back to drawing board for GE 13, save PR from "harrasments" to their HQs', candlelight vigil and 1 Black Malaysia day.

I am sure PR has a vacant plot for u in Pahang, interested?

BTW, lookig forward to ur 2nd interview with Tun Daim. Is that possible?

The Simple man,  24 May 2009 at 23:01  

Hi Dato,

My 1st time commenting in your blog though i visit daily. I truly admire your opinions and fairness though you are from UMNO. Agree with Zorro that there are still some good guys left in UMNO.

Anyway back to the subject matter, my opinion is that the laws of the land and the Constitution must be upheld at all times. It has to be beyond politics and politicians. When we have an impasse like the Perak issue, The Constitution must be our guide out of the impasse. The HRH of Perak as the Constitutional Monarch and defender of the Constitution should have refered to it and stood by what has been enshrined in the Constitution.

My 2 cents Dato and thanks for giving me the space.

Daniel,  26 May 2009 at 21:21  

Dato' Sak,
Why aren't you calling for the dissolution of the Perak assembly anymore? Just because the mamak zombie won at the kangaroo court?

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