6.2.09

Dato Maharajalela ngan JWW Birch tak abih gaduh lagi?


blog buih

So if my fellow friends have heard of some havoc brewing north of our state border and think it's the durian season, please skip this article. I'm happy for you.

For those who wants to start the topic at next ngeteh session, read on.

Perak, ever since the recent election, was governed by Pakatan Rakyat (PR). The turmoil within the state government after there were a series of party hopping which turned the table on the ruling party. Hence, the Menteri Besar (MB) in an unprecedented move, announces the dissolution of the State Legislative Assembly prior to obtaining consent from the Sultan.

It should be noted that, it was clearly stated in Article XVIII (2)(b) of the Perak Darul Ridzuan state Constitution that the decision pertaining to the dissolution of the state government must be made after obtaining consent from the Sultan. The co-relating Article, Article XVI (6) of the same, further stipulates that the Sultan shall order the reigning MB and also his councils to resing from their post.

Since the Sultan have met with DPM, Najib, who have brought forth all of his alleged supporter to form a government, The Sultan have already allowed for Barisan Nasional (BN) to form a new state government. Dr Zambry was sworned in into office at 3.30pm today.

As a counter action, Perak Assembly speaker have already filed suits for the 3 state assemblymen, claiming that their resignation should be upheld. The final blow came from Jelapang's representative who quit PR to become and independent party and then decided to support BN. In the words of DAP secretary general Lim Guan Eng, "I believe she is the first DAP assemblyman to cause a (state) government to fall".

Furthermore,Perak's DAP chief Dato' Ngeh Koo Ham was of the view that if a new government was allowed to be formed, it would be a unstable government as the state assemblyman from Changkat Jering and also Behrang is currently facing corruption charges and might be disqualified.

The MB from PR have boldly stated that he would fight on till the last drop of his blood and have refused to resign from his position. His government comprises of 18 DAP, 8 PKR and 6 PAS representatives.

Karpal Singh, a prominent lawyer who is also Bukit Gelugor's state assembly man announced that he will file a lawsuit to both The Sultan of Perak and also BN for acting beyond the state Constitution.

The provision of Article 33 (1) states that
"if any question arises whether a member of the state Legislative Assembly has become disqualified for membership, the decision of the assembly shall be taken and shall be final".


Based on the above, he is of the opinion that the assembly shall determine the status of the representatives who have crossed over. He further alleged that the Sultan has acted "Ultra Vires" ( above the law) in provision of the article. He pointed out that the decision of the Sultan can be challenged in a court of law. If found to be Ultra Vires, it can be amended through the process of judicial review.

I am of the opinion that these little skirmishes have steered everybody off the right path. With the impending economic downturn which can be clearly felt through the closure of factories and also more businesses laying off workers, there is no room for such qualms. While the big dogs are fighting for territory, all the small fishes is gasping due to the low tide. Let us not continuously fight and repeat the mistakes again. This is not the first time that have seen state government collapse. Previous governments have squandered due to various political manoeuvrings. Like Sarawak in '66, Kelantan in '78 and 91 and Sabah in '86 and '94.

The people remains the victim.

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