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Sakmongkol ak 47

ariff.sabri@gmail.com

Thursday, 28 August 2014

Untying The Gordian Knot- PAS's Alexandrian Solution



The King of Selangor is guided by the state constitution in appointing the MB. There must be an article that says the Sultan appoints a person who in his knowledge commands support from the majority. A lawyer will know about this. It’s in the article 53(2)(a).
I think knowledge is a better term- because that would mean HRH the Sultan can also has indirect knowledge- reading news, being told by others that Wan Azizah had the support of 30 ADUNs. There was a press conference announcing support from 30 aduns who signed a statutory declaration.
Assuming the rest of the aduns, 13 from PAS, 12 from UMNO and Khalid himself opposed Wan Azizah’s nomination- Wan Azizah still commands the support of the majority.
If HRH Sultan has freedom, it is in determining whether the MB is a Malay and a Muslim. He must endorse the person whom he has knowledge can command the majority support in the Dewan. Such a person is Wan Azizah . She is Malay and a Muslim. The freedom of the Sultan does not extend I think to question about the gender or birthplace of the person.
Why is it the Malay is so caught up in such pettiness? The MB must be Selangorian by birth, must be male and Muslim. Why not put up another qualification- the MB designate must have the ability to urinate into a bottle? Wan Azizah certainly would have extreme difficulty in doing that.
People are already thinking about building a new civilization, new culture, we the Malays are still caught up in such pettiness. While I am on this point, might as well say something along these lines.
Take the case of granting land titles. It is the state’s right. Let us assume any state. The Kelantanese have settled in the state for more than 40 years.  So do the people from Terengganu and from elsewhere other than the host state. Petty minded officers supported later by petty minded politicians insist these people cannot get land titles because they are not from the state.
Malay officers and Malay politicians nit-pick when it comes to Malays.
I am not being racist here- but the Indians and Chinese came from India and China, yet the state governments don’t have problems in giving them titles?
So why is the Malay so petty on his fellow Malay?
 Why should it be only a Selangorian( and by Selangorian , one who was actually born in Selangor) be MB or even ADUN? On the other hand the Malays can accept an MCA ADUN who isn’t born in the state. When it comes to the Malay, the Malays suddenly become so strict.
Let us take another example. All previous MCA MPs of Raub were never from the state. Yen Yen (she loves the name Yen so much, she must have it twice) is from Kelantan, Tan Koon Swan, the previous MCA wanita Chief- can’t remember her name, also not from Pahang. Luckily I a Malay am from Pahang, but if the had insisted that the MP must be born in Raub, I am disqualified. But the Chinese- that’s ok ma.
I think Malays should not be caught up with such pettiness. Most important- the MB is Malay and Muslim. Born where- don’t care.
In my opinion then, the constitution which gives overriding effect of representative democracy compels the Sultan to endorse Wan Azizah.
So, why the delay? The outgoing MB suddenly plays the dumb and foolish not to take the opportunity to advise the Sultan that Wan Azziah has the majority. He would not because he was filled with vengeance. Also he wanted to stay on as MB.
Now, this is a mystery- why does he want to stay on? He wants to finish some unfinished business with people from Ecoworld, tidy things up with Tropicana, I–world and so forth? He knows he hasn’t got the mandate. He wants to resign. He can refuse the Sultan’s request to stay on because staying on would rob the people of Selangor of political stability and normalcy.
Since Pakatan has not been registered as a single entity, each associate party of PR must submit names to the Sultan for consideration. Why is it, when asking a party constituting the majority in the House, Pakatan is considered a single entity. But they must submit as individual parties. And there is none among these who command a single biggest majority.
If the qualification is the party with more seats were to be applied- then only DAP and PAS can. Even PKR with now 13 seats cannot. If that be the case, why not extend the invitation to UMNO that has 12 seats? See whether their nominee can command a majority support. 
My point here is this- PKR, DAP and PAS are entitled to submit names because they are from the same faction. The whole is recognised but when it comes to nominations, they must come from the parts. Why not un-complicate matters by asking Pakatan as a whole to submit a name or names instead of from each?
Because by asking each individual party within Pakatan to submit names, it would appear that the names nominated by PAS would eventually prevail. In that case, the most plausible next MB is Azmin.
DAP has decided that it will nominate only one name- Wan Azizah. PKR too will nominate one name. Ony PAS will submit more than one name- which includes Azmin Ali’s.  By next week, there will be at least 4 names being nominated- Wan Azizah’s from PKR and DAP and Wan Azizah and Azmin’s from PAS. 1+1+2.
There is a new twist here. The question turns on how we see the concept of a royal decree as. Is it law- defiance of it, invites some form of punishment? Since there is only common law, we can treat a royal command or decree as having not the force of law. Therefore if PKR and DAP submit only one name, they have not broken any law. They have not followed the decree.  After all we are not an absolute monarchy.
But the Sultan is only human. He would likely look at PAS more favourably because it is the party that is culturally attuned to the culture of the Monarchy. In doing so, HRH Sultan will also look at PAS’s nominations more favourably than from the others.

27 comments:

Mazlan,  28 August 2014 at 21:05  

Again you somehow put the blame on TS Khalid for not recommending Wan Azizah to the Sultan - as if the Sultan can't think for himself.
This mess is not of TSK or HM doing. Its entirely a PKR strategy gone wrong and DAP followed along blindly irrespective of the fact most of the Selangor MPs and ADUNs has been praising TSK prior to Kajang.
Any MB needs not just the confidence of the ADUNs but also the confidence of the Sultan and better have his respect. Clearly Wan Azizah does not have that confidence because she has admitted she is there as a proxy for her husband.
Try taking this to court and see who wins. Why do you want to start a fight with the Sultan - a fight that you can't win and may indeed alienate most of the people of Selangor?
Would you try this sort of move in Pahang and get away with it with HM there?

Anonymous,  28 August 2014 at 21:36  

Why waste time!!!! PKR and Dap should sumbit a joint nomination of Wan Azizah's name as MB supported by the 30 SDs that conclusively prove that she has command of the majority.

That would take away the Sultan's discretion or exercise into believing or making judgment whether she has the majority support.

With the 30 SDs, there would be actual knowledge and not imputed knowledge on the part of the Sultan that Wan Azizah has indeed support of the majority.

In such an event, any other appointment apart from Wan Azizah would be deemed unconstitutional, illegal and void; the remedy is no other place than the court. Then let's see whether the court would depart or deviate from their judgment in the Perak's case.

sakmongkol AK47 28 August 2014 at 22:01  

sdra Mazlan,
why dont you put up a full article, send it to me and i will post it verbatim.
lets see your thoughts on this rather than using this hit and run type comments.

Anonymous,  28 August 2014 at 22:18  

Tuan sakmongkol
Artikel tuan penuh dengan nada bongkak. Tak bolehke tuan merendahkan diri sikit. Tidak semua kehendak kita akan tercapai. Cuba belajar menerima kekalahan dengan berlapang dada dan redha. Jgn salah orang untuk menutup kelemahan diri.
Siti usj9

Greenbug 28 August 2014 at 22:32  

Ours is a constitutional monarchy, Dato. The ruler listens to the advice of the majority party that has the confidence of the state assembly. The ruler cannot act on his own reasons. That is very clear.

Quiet Despair,  28 August 2014 at 23:11  

Unc. Sakmongkol
You, Anwar, LGE and your comprades are all numbskulls. Cant see or refused to see that the Sultan do not accept Wan Azizah.
In royal parlance Tak berkenan. Period.
Or else HM would have accepted when her name was first proposed.
Yet you guys are still shoving her name in the Sultan's face.
Why did the Sultan asked for at least two names each from  Pakatan.
You can see that Tuanku was hoping PAS will submit its candidates. They have able reps who are Selangor-born to administer the state.
I was happy to hear PAS will submit the names. But I saw on TV tonight another U-turn.
Is it a kow thim from Anwar who said PAS must respect the agreement that Selangor belongs to Keadilan.
Nope. It belongs to the Sultan.. Anwar has the cheek to say its final.
The Sultan has the final say.
I like someone in the Selangor NGO who said kita nak orang Pandai. Bukan orang menandai-mandai.
Touche..
Looks like a constitutional crisis is looming. The Tuanku is wise not to call for state polls. It will not solve the problem as Wan Azizah is still your candidate for MB.
Unless BN wins. If PAS submits uts candidate and the Sultan accepts, it should be no problem as it will have the support of 12 BN reps.
That's why Anwar is jittery and brought that threat to PAS.


Anonymous,  28 August 2014 at 23:43  

siti usj9
sdri faham atau tidak tulisan ini? sila sdri tunjukkan dimana nada bongkak sang penulis?
penulis telah menggariskan pandagan nya bagaimana krisis ini terjadi dan akan diselesaikan. sdri ini baru membaca blog ini kah maka tidak appreciate gaya penulisan penulis yang direct dan bersahaja?

Anonymous,  28 August 2014 at 23:46  

tuan queit despair,
tuan ini mental retard atau apa? kita ini constituional monarchy bukan absolute monarcgy. mana2 raja pun tertakluk kepada undang2. tapi tuan pendukung fiudal.sudah tentu tuan memimpinkan zaman dahulu kala.

ada kawan saya berkata- tulisan sakmongkol kali ini tentu tidak disukai oleh budak2 yang tdak pergi sekolah atau pergi sekolah tapi basuk kencing pun tak berapa pandai lagi.

No despair,  29 August 2014 at 00:08  

Hello boy QD. Good to see you here after a long time.
Anon23.46.
Taj payahlah bertuan dengan QD budak hanyir tu. Okay apa dia ada kat sini. Boleh kita ramai-ramai hentam dia. Nanti ramailah kjawan dia macam Bruno dan Walla akan datang masuk bahas. Tinggilah rating blog Sakmongkol. Cakap budak ni baguih juga. Ada akal. Uncle setuju sebab Unclepun fikir memang Tuanku tak ndak Kak WAN. Tak reti bahasa ke korang ni. Bagi nama lain tentu Sultan ferima Memang peliklah Anwar nak bini dia Jadi MB, semuanya setuju. Macam kerbau kena cucuk hidung. Takkan budak hanyir boleh nampak, kita tak nampak. Patutny Kak Wan pencen jaga cucu.

Anonymous,  29 August 2014 at 07:26  

QD:

The Sultan has the final say, so said Hang Tua. Hang Muda says,"The Sultan shall lead by holding firmly to article 53(2)(a) so that Selangor will for ever lead all the other states." Period.

Anonymous,  29 August 2014 at 07:45  

The MB must be agreeable to UMNO otherwise NO MB for Selangor and Khalid can keep running the show even though it's done illegally. The law is for non UMNO members to abide.
Anwar could not stand for elections because UMNO went berserk knowing that he would be the next MB, so they let loose the courts on him and got him disqualified and now Wan Azizah PRESIDENT of PKR happens to be wife of Anwar faces the same dilemma. It wouldn't be a problem if Azizah was my wife or yours. hahahah.

bruno,  29 August 2014 at 07:54  

If my memory is correct,two of Umno's top candidates for MB got rejected by the state's rulers submitted by Umno when Badawi was PM.One of them was in Trengganu if I am not mistaken.So whatever happens in Selangor,we will have to accept it as it is.

awang batuburok,  29 August 2014 at 08:12  

Salam YB Dato,

Mutakhir ini dalam membahaskan isu MB Selangor tidak banyak isu kepentingan rakyat Selangor diperkatakan.
Perbahasan Dato lebih mementingkan isu survival politik peribadi golongan tertentu dlm PKR yang semakin "iseng" dan terencat akal dalam berpolitik.
Majoriti rakyat memilih ADUN dan AP atas dasar parti dan prinsip perjuangan. Janganlah khianati dasar perjuangan semata mata untuk mempertahankan nafsu serakah untuk berkuasa semata mata....
Minta Dato beri ulasan untuk persoalan dibawah;

1. Dimana prinsip menentang nepotisma dan kronisma dlm PR sekarang ini.

2. Prinsip menentang pembaziran wang dan harta rakyat dlm episod "Langkah Kajang".

3. Ketelusan dlm melantik pemegang jawatan politik berasaskan kpd kelayakan, kredibiliti, integriti dan "track record" yg telus-tulus".

4. Prinsip kepentingan rakyat majoriti mesti mengatasi kepentingan peribadi, keluarga dan puak-kelompok kecil.

Kalau isu isu diatas tidak terjawab dengan jelas, adalah lebih baik kembalikan hak rakyat untuk memilih semula siapa yg paling layak untuk mentadbir negeri Selangor sehingga PRU14 akan datang....
Hentikan politik yang membuang masa dan duit rakyat, rakyat sudah muakkkk.

Anonymous,  29 August 2014 at 08:32  

Dato

PAS may win this battle with PKR/DAP on who is to be MB in Selangor.

But be rest assured that come the next GE, PAS will again be consigned to Kelantan.

Already as it is, the non-Malays are pissed off with the conduct of PAS in the whole saga. Many are having second thoughts about their recently high regard for PAS as a progressive Islamic party.

If PAS gets its way in Selangor, be rest assured that the many non-Malays, and many, many more around Malaysia, will no longer have any second thoughts about PAS. They will no longer vote PAS in any coming elections, regardless of how much they detest Barisan.

Where has PAS gone wrong in this whole matter? Nothing to do with religion or race or politics. PAS has thrown a very fundamental human value into the dung-hole ... "TRUST"!

This is not "trust" in a general context. The Chinese language has a more specific phrase for this kind of "trust" ... "信任".

In business, "TRUST" is very important. In social interactions, "TRUST" is very important. In politics, "TRUST" is very important, especially among coalition partners.

The only way that PAS can salvage this is to come to its senses and stand together with PKR/DAP.

Anonymous,  29 August 2014 at 09:46  

All the State's constitution in Malaysia and in particular Perak and Selangor have similar Clauses in the appointment of its MB by the Sultan. The same Clause ie Article 43(2 a is also present in the Federal Constitution. You have to appoint a member with majority support. Period.

The problem in Selangor is that the Sultan has so many advisors who are Umno friendly. If this is an Umno issue, I am sure the appointment of the MB would have been settled even at midnight soon after Khalid was sacked.

The Sultan's advisors quoted Art. 55(2)(a) as the provision that he has absolute discretionary power to appoint the MB. But a similar provision is also present in the Fed Constitution ie Clause 40(2)(a) that Agong can act in his discretion to appoint a PM. If the argument of the Sultan's advisors is correct, then Agong also can appoint anybody he likes to be PM. Question: Is that the law and is that the judgment of the Courts in cases of similar nature.

The law is well settled as pronounced by the court in the Perak's case.

If Wan Azizah who has support of the majority is not appointed, the only remedy is the court so that the issue of the Sultan's/Agong's discretion to appoint anyone he likes as MB/PM is settled once and for all.

IMHO the law on this point is well settled.

The law of the Constitution of the State of Selangor creates the office of the Sultan and that of the MB and its Exco. Everybody must abide by the Constitution. In the constitution, you only have to nominate one person who has confidence of the majority. Why depart from it and make things difficult.

Anonymous,  29 August 2014 at 10:14  

Siti, you should loud this to Najib & his minority government year back & insist them to adhere to God's plan. They can start with stop sabotaging PR in Sgor via back door, doing selective persecution on PR politicians, stop behaving like national' assets as if they're all theirs, etc hence move on & govern with ethics (read ball). Stop reading just last few pages of a book, read them all!

Sam,  29 August 2014 at 10:17  

Dato' as you mantioned in your previous article, UMNO had this problem before with the palace and they stuck to their guns.
However, we know it's not the gender issue with Wan Azizah. The biggest thing is that she's a proxy for AI.

Anonymous,  29 August 2014 at 10:18  

Dato, I know everyone is talking about PAS and PR now but have you looked at FGV shares? Its 30% down from IPO price, where is Najib's "Transformation". What is going to happened to Felda settlers who borrowed money to buy the shares? Someone should remind Felda Settlers that in the last GE, the opposition told them this was going to happen and they still voted UMNO/BN.

Anonymous,  29 August 2014 at 10:22  

Ah Jib nak Razif & semua Adun UMNO Terengganu setuju walaupon Sultan nak Mat Said. Ini kes kerbau cucuk hidung ker lembu masuk kondo? Kak Jat & nenek2 team Wanita bila nak pencen jg cucu?

Anonymous,  29 August 2014 at 10:32  

I read in a blog with the headline "Elemen greed, anger and foolishness" menguasai Dap dan PKR. I posted some comments in some of his earlier postings but it wasn't published. Than I posted another comment which sort of agreed to his writings and it appeared. Looks like to me that the headline of his article reflects him.

tebing tinggi,  29 August 2014 at 11:15  



If Selangorian and PR insist on Women MB , Zuridah Kamarudin also could be the purpose candidate .

Anonymous,  29 August 2014 at 13:17  


PKR+DAP+PAS = PR; YES in the eyes of the PR diehards, whom, BTW, r the majority!!!

But, PKR+DAP+PAS = PR; NO in the mind of a ceremonial feudal lord under ill-advised, who is a non-elected SINGLE entity & try to force his non-existent authority on the choice of majority!!!!

Thus he used his non-enforceable decree to request for each individual component party to submit more than 2 names & claimed it’s convention!

His advisor(s) must have thought about the use of that ‘clause’ & convention is where he/she could claim the effect of a slimest legality when come to exercise it!

M’sia IS not an absolute monarchy, Period. Remember, the key tenet of the selection is – ‘WITH THE SUPPORT OF THE MAJORITY OF THE ELECTED ASSEMBLY MEMBERS’.

The squabble within PR is PR’s problem & PAS is ONLY a minority within that nomination equation.

In fact, within PAS, they cant even solve themselves out! So who should, or for that matter a truly impartial palace, to get involve & interfere in the internal affair of PR? Aint the palace suppose to be above politic???

Not yr grandmother’s right & convention dictate that intervention, ok?

Moreover, if the palace REALLY want to play divide-&-rule, then the matter is even more simple – just consider the names from PAS & DAP, who share the same numerical majority.

If Kak Wan’s name has the numerical superiority in nomination proposal, case close.

The sultan can go back to solve his son’s problem, which he has ALL the inherited right inferred.

There won’t be a constitutional crisis in Selangor!

WRT the sultan’s right to be consulted, to encourage and to warn – that has already been done & noted by PR.

It was NEVER an issue, until some con-advisors over step that right to include ‘to decide’ by the sultan.

Ever wonder WHY QE II of UK is so well like & yet how many of our royal households can reach that same status??? Pls , do tell, crownish suckers, closet &/or non-closet!

Betul, betul, banyak cantik kan!

Anonymous,  29 August 2014 at 13:26  

Dear Dato,

I am liking what you write, believe you can fill the void left by Malaysia Today, who is all out in force to whack pakatan. I liked Malaysia today when it use to bring about injustice by the Present Ruling Party.

I love Malaysia, it is a beautiful place to live in, unfortunately the way things are going, I cannot see a future for my children. All of my University Mates are planning to migrate to another place where the term "By the People of the People and for the People" is true. Malaysia is becoming a country which is " By the People (just on paper, elections are rigged) of the people (a selected few) for the people (biggest doubt).

I was borned in Malaysia, have paid taxes to the tune of millions in Malaysia and I feel very betrayed, disappointed and afraid, every rule is being broken by everyone in authority. Laws are being interpreted in ways convenient to the ruling party, disappointedly our Royalty is being dragged into politics.

Agreed that no country in the world is having a perfect democracy, we accept that democracy is evolving, it is work in progress forward. In Malaysia, the democracy is in reverse gear, if you take human evolution, we are moving towards being apes rather than humans.

Whenever I read your article, I feel happy that there still sensible people who are willing to call a spade a spade.

I sincerely hope that GE14 can change my mind so that I can come back to Malaysia.

M F Muhammed 29 August 2014 at 19:20  

I sincerely don't think that PAS is against the appointment of DSWA as the MB (as many had concluded or assumed, rather simplistically, and sadly wrongly). The political situation is perhaps - from PAS's viewpoint - somewhat more complex. Hence, a rather more complicated than usual political calculations and moves are required. Remember, the party does not drop DSWA's name from the list of candidates that it sends to the palace after all. However, the party may be forced to play the role of "the so beautiful & sweet darling wife, instead of as a demanding, pushy & intimidating one". You see, the ball is in someone else's court, and there is all the indication in the world that the rules could be set aside according to whims and fancy. In battles, sometimes, you have to retreat in order to win; you have to "give so as to receive", so to speak. Perceptiveness is most desirable. As we know, hindsight is a precious beautiful thing, if only we have it. We all know that a smart gadget is a gadget that can vary its state and action in response to, and in accordance with, varying situations and circumstances. It is so unfortunate that situation and circumstance can somewhat be more complex than that which we can perceive.

M F Muhammed 29 August 2014 at 20:13  

I sincerely don't think that PAS is against the appointment of DSWA as the MB. The situation is somewhat more complex. Most probably, 2 plus 2 DOES NOT equal 4. Hence, things don't seem as it may to the naked eye. After all, PAS does include the name of DSWA in its list. PAS may be forced to act as it does by circumstance, maybe even to play the role of "the so beautiful & sweet darling wife, instead of a demanding, pushy & intimidating one", if only to raise the chances of a favourable outcome. After all, the ball is NOT in PR's court. Hence, it is unable to 100% influence outcome in its favour. Under present condition, the respective rules are for PR to observe only, but not for it to enforce, of this we are witnessing already where Article 53(2)(a) is concerned. It is so unfortunate that situation and circumstance is such. PAS I think will continue to be firmly committed to PR, whatever the outcome.

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