“What is worrying is that the fall-out of this crisis is sullying the reputation and credibility of many legal and constitutional institutions while the root cause – the despicable phenomenon of party hopping – remains unaddressed.” - Dr Shad Faruqi

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Dr Shad Faruqi (read his article below) gives his opinion on what many now perceive as a Constitutional Crisis in Perak. Call it a constitutional crisis or a political crisis if you want, but Perak is not the only state that is going to fall to Barisan Nasional. Kedah and Selangor may be next on the cards.

Five Pakatan Rakyat State Assemblypersons from Kedah have already met the higher echelons of Umno and have given their undertaking to cross over en bloc once the numbers enable Barisan Nasional to form the new government in Kedah. RM100 million has been allocated to the Kedah exercise and those crossing over are going to be well rewarded.

In Selangor, Hassan Ali has been promised the post of Menteri Besar if he can convince enough of his people to join him in crossing over. This is of course further to the millions he and his gang are going to receive. So far he has only two from PAS and another two or so from PKR who have agreed to join him. So he will need a couple more to finalise the plan.

Rest assured it is all about power and money. Hassan Ali wanted to be the Menteri Besar of Selangor way back in 1999. The only problem is that in 1999 the opposition did not win Selangor. He still wants to be Menteri Besar. And if crossing over to Barisan Nasional with enough of his supporters to enable Barisan Nasional to form the new Selangor government is what it takes, then that is how he will do it as long as he can become Menteri Besar.

Even Hee Yit Fong, the State Assemblywoman who had been with DAP for 20 years, crossed over for money. She has thus far received RM15 million from Vincent Tan of Berjaya fame. She will probably be paid another RM10 million once the dust settles. It seems she needed the money to bail out her husband who was heavily in debt. This was the same situation with Lee Lam Thye who was forced to leave DAP so that he could bail out his wife from her gambling debts. Barisan Nasional, of course, helped settle all his wife’s debts once he ‘abandoned his cause’ and turned pro-establishment.

When we told Pakatan Rakyat that Perak was going to fall, they replied they have things under control. Now we are telling them that Kedah and Selangor too are in a precarious situation and they had better do something about it. Please don’t tell us you have everything under control and then, a few weeks down the road, we see these two states go the way of Perak.

Anyway, while Pakatan Rakyat figures out how to defend Kedah and Selangor from the RM200 million onslaught by Barisan Nasional, read Dr Shad Faruqi’s take on the Perak crisis.

Legal turmoil over Perak defections
Reflecting On The Law
By SHAD SALEEM FARUQI, The Star

THERE is a constitutional impasse in Perak. The descent into naked and unprincipled struggle for power was triggered by the defection of a Barisan Nasional Assemblyman to Pakatan Rakyat and an immediate four-stroke counter-punch by the BN.

What is worrying is that the fall-out of this crisis is sullying the reputation and credibility of many legal and constitutional institutions – the Sultanate, the Election Commission, the Anti-Corruption Commission, the public prosecutor and the police. Despite this damage, the root cause – the despicable phenomenon of party hopping – remains unaddressed. Let’s examine some of these issues.

Defections: The “right” to switch parties in midstream is based on Article 10(1)(c) of the Federal Constitution which guarantees freedom of association.

However Article 10(2)(c) permits Parliament to restrict this freedom in the interest of security, public order and “morality”.

In the 80s the governments of Kelantan and Sabah passed anti-hopping laws to curb this right on the ground of morality.

However, in the Nordin Salleh (1992) case, the Federal Court declared that the anti-hopping law was unconstitutional on two grounds. First it was passed by the wrong legislature. Second – and this was most unconvincing – that the term “morality” does not cover political morality.

I believe that party hopping by an Assemblyman after his election on a party ticket amounts to a fraud on the electorate.

There are three possible ways of taming this turpitude. First, a constitutional amendment to Article 10 by a bi-partisan two-thirds majority should be attempted.

A second way could be for Parliament to enact an ordinary Anti-Defection Law and to enforce it immediately.

If and when the law is challenged on the Nordin Salleh precedent, vigorous arguments could be proffered to invite the Federal Court to overrule its prior, indefensible ruling.

One possible way of expediting the overruling of this bizarre decision is for the King to refer the issue to the Federal Court under Article 130 to seek an advisory opinion on the interpretation of the word “morality” in Article 10(2)(c).

A third way of enacting an anti-defection law would be to promulgate an Emergency Ordinance under Article 150. In the case of Stephen Kalong Ningkan (1968), the Privy Council ruled that “emergency” includes “collapse of civil government”.

Without doubt, defections bring about the collapse of civil government and an Emergency Ordinance would be legally, morally and politically justifiable.

Resignation letters: The legality of the undated resignation letters from the two Pakatan Rakyat defectors is at the heart of the constitutional imbroglio in Perak.

The Speaker of the Perak Assembly accepted the validity of the letters and issued a notice to the Election Commission. In favour of the Speaker’s view, it can be stated that in the UK it is part of the privileges of parliament to determine questions relating to casual vacancies in the House.

The decision of the House is generally regarded as final. Also, Article 35 of the Perak Constitution permits a member of the Assembly to resign “by writing under his hand addressed to the Speaker”.

The problem is that the two hoppers denied that they wrote to the Speaker. There is also a relevant judicial decision. In 1982 the validity of open-dated resignation letters was rejected by the High Court in the Sarawak case of Datuk Ong Kee Hui v Sinyium Mutit.

In the light of this decision and the denial by the two defectors, the Election Commission had some basis to make up its own mind and to declare that the seats had not fallen vacant.

Perhaps the safest thing was to seek a quick Federal Court decision on the interpretation of the Perak Constitution. The Perak Constitution in Articles 63-64 admirably provides for such a course of action. Regrettably, the parties to the dispute and the Sultan did not adopt this course of action.

Dissolution: Under the Federal and state Constitutions, the Sultan has an undoubted discretion, guided by his own wisdom and the broader interest of the state, to refuse a request for premature dissolution. We have examples from Kelantan and Sabah where such requests have been refused.

Confidence of the Assembly: Having been appraised that Pakatan Rakyat had lost the confidence of the Assembly, Tuanku Sultan was faced with many difficult choices. First, he could have prorogued the Assembly pending a court decision on the validity of the hoppers’ resignation letters and the question of vacancies.

Second, he could have asked the antagonists to face the Assembly and prove their support in accordance with usual parliamentary traditions. I am of the view that if an Assembly is in session, or can be quickly brought to session, it is its right to determine the question of confidence and no one should usurp this power nor should factors outside the Assembly be taken into consideration in determining the question of confidence.

Article 16(6) of the Perak Constitution is not crystal clear as to how it is to be determined whether the Mentri Besar has ceased to command the confidence of the majority of the members of the Assembly but there is a 1966 Sarawak judicial decision in Stephen Kalong Ningkan v Tun Abang Hj Openg Tawi Sli that the Governor cannot dismiss a Chief Minister unless he is voted out by the Assembly.

In Perak, however, Tuanku took it upon himself to shoulder the lonely burden of determining who commanded confidence of the assembly. He took pains to interview all four defectors and to hear out the Mentri Besar and Datuk Seri Najib Tun Razak more than once.

The Sultan paid heed to the EC decision that there were no vacancies. Undoubtedly he was also influenced by the Speaker’s threat that the Speaker would not allow the defectors to enter the Assembly to participate in the confidence vote.

Dismissal of Mentri Besar: The Constitution of Perak in Article 16(7) states that a member of the Executive Council other than the MB shall hold office at the Sultan’s pleasure. This implies that an MB cannot be dismissed except by a vote of no confidence in the assembly.

The problem is Article 16(6) states that if an MB loses confidence then he has two choices. First, advise dissolution and second, if that request is denied, then resign. There is a lacuna in the law. What if an MB loses the confidence of the Assembly, is denied dissolution, but refuses to step down?

Can the Sultan dismiss him? It is submitted that life is always larger than the law. There are always unchartered territories. If an MB who has lost confidence, and is refused dissolution, is shameless enough not to walk away, then the Sultan would be justified in dismissing him, Article 16(7) notwithstanding.

But in Perak this was not the case. The question of losing confidence was not constitutionally investigated. There are many triable issues and the courts must accept the gauntlet.

Treason: Opinions are being expressed that to defy the Sultan and to threaten to go to court for defence of one’s legal rights amount to treason and a ground for deprivation of citizenship. There are fundamental misunderstandings here.

From day one of Merdeka, the King and the Sultans were open to civil suit for their official actions. They were only immune personally. In 1993 even the personal immunity was taken away.

In sum it is not a violation of the Constitution to resort to the courts to seek an authoritative opinion on one’s rights and duties. Where else does one go, what else does one do, if one has a claim?

Dr Shad Faruqi is Professor of Law at UiTM.

Comments (75)

...
written by lynn, February 21, 2009 20:04:15

As for the lottery ticket priced at RM3.00 apiece, what are your chances of picking that ONE TICKET that will give you that RM3 mil, or RM9 mil or RM12 mil?

I wud put you in a roomful of 7 million tickets, but only one ticket wl qualify for that grand prize. Is it worth buying? I would say, NO! Years ago, a relative who worked there told me, before every draw, the management already knew roughly which batch will win the first prize.

Let's say, if the last drawn first prize is 1134488, it is very unlikely to repeat the first number 1****** in the next draw. So when buying tickets, you shld know what was the last drawn no. for the jackpot. I think the tickets on sale by this Indian vendor(s) are unlikely to win you any prizes. If they knew roughly what no. wl be drawn, the batch will not be given out to vendors, correct?

In those days, when we had social welfare lottery, i came close to winning the first prize twice!

My belief is: all gaming activities in bodohland shld be controlled by govt & profits be distributed to poor people - build good hospitals, pay the aged or elderly poor a living allowance monthly, build homes for the homeless or the chronic poor (give homes to them FOC), etc. HK Jockey club makes over HK$ 1 billion on each racing day; all that money goes back to society. But in Malaysia, an extremely corrupt country, no thanks to that M@M@K, all gaming activities were given to cronies.

• 
• +1
• 
• 

...
written by lynn, February 21, 2009 19:52:12

merlin2001, steven tan, gotsms, wannabepatriotic, joejoe,

i studied sports toto gaming results since 1999 - for yrs i had this nagging suspicion the results are fixed every draw for the big jackpot. i think the computer is able to avoid any punter's winning combination after closing at 7.00pm. but when it suited them, the winner will be from sabah, sarawak, johor, melaka or penang, stories which i don't trust.

i always advised friends, don't buy sports toto; am sure the drawn results are fixed. btw, pls tell all your friends, relatives this fact: singapore toto is played every Monday & Thursday. the jackpot is usually around S$650,000 per draw, or doubled if there were no winners in the previous draws.

Sometimes two winners win, so that amt is split into two. But the most amazing thing is,i noted Singapore's toto or gaming activities are not "fixed". Practically in every week, someone will strike the jackpot. on cold days, if no winner, there would be 1 or more winners the following week. so in every month, there will be at least a few winners of jackpot. on average, there are 8 to 9 draws per month. The percentage of wins per annum is around 65% in terms of jackpot wins.

In bodohland,the percentage of jackpot wins per annum is just a mere 2 to 3%. If bodohland held 168 draws p.a. the no. of strikes for jackpot is just a mere 3 or 4 occasions in an entire year.
Anyone buying sports toto is actually throwing money away. The game is not worth playing. I had been there, I know.

• 
• +1
• 
• 

...
written by Kathy, February 17, 2009 10:39:55

After all has been said and done, and the dust has settled, let it not be forgotten that the choice of assemblymen/women rests on the rakyat. We will remember how BN ruthlessly bought assemblymen/women in order to gain control of state govts. We, the rakyat, who deplore this type of behavious will carry this memory to the polls and we will know not to put crosses against the names of BN candidates. As Tunku Razaleigh said in an earlier article, BN will suffer the backlash of its actions today.

• 
• +2
• 
• 

...
written by BORN FREE, February 17, 2009 08:49:01

The anti crossing law should be passed with immediate effect.
If this jumping frogs are still allowed to continue, then why bother with elections.
The controlling party will always have the final say cos they are in control financially and they always asked from big corporations to back them up.

• 
• +0
• 
• 

...
written by jonestation, February 17, 2009 08:44:35

i have a feeling this is very much like the episode 4,5 6 of Star wars..

3.08 - starwars episode 4 - A New Hope.
Recent events of Perak Kedah and Selangor - Starwars Episode 5 - The Empire (vampire) Strike Back
Episode 6 is coming i hope!

• 
• +0
• 
• 

...
written by letsbefair, February 17, 2009 00:36:17

Someone go tell Elizabeth Wong not to worry. She and others are targeted we all know so no big deal! Even the sleazy Chua Soi Lek can get away with his "porno movie" and hers is just a show of love for her useless ex-boyfriend.

• 
• +2
• 
• 

...
written by letsbefair, February 17, 2009 00:20:13

I once warned Teresa Kok the grave danger Selangor is in but she replied they have a bigger majority. When I said money and power BN uses will see to that she could not reply me.

It is indeed so. Let me speculate. Maybe they paid her ex-boyfriend millions to set her up! Maybe...
Anyway who the hell is involved in this despicable act?

Today the Sun newspaper have a writeup on this and the comments made by WAO, Syed Hamid,Ismail Sabri Yaacob, TL Liow, MB Datuk Khalid, Teresa Kok, Datin Seri Chew Mei Fun, Murugiah, Datuk Dr. Wee Ka Siong and Datuk Seri Mohamed Nazri Abdul Aziz.

Read the Sun newspaper what their comments and the surprising comment from Mininter in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz.

• 
• +0
• 
• 

...
written by mikewang, February 16, 2009 10:12:44

After revelation of Liz Wong's nude photos, now I understand why UMNO is targeting Selangor.

If people think screwing around with a boyfriend while one is single is a lot less moral than screwing the country and creaming billions from its coffers, I might as well take my money out of this country and emigrate.

• 
• +7
• 
• 

...
written by joejoe, February 16, 2009 09:48:00

CALLING ALL MALAYSIANS WHO OPPOSE THE INJUSTICE IN PERAK TO BOYCOTT ALL OF VINCENT TAN'S BUSINESSES.

(Maybe he'll be stimulated by Najib's package first)

• 
• +5
• 
• 

...
written by capcomangel, February 16, 2009 05:59:18

Perak collapse because of najis hand. Selangor crisis is make by the person who contest in amno march poll. all thing happen because of AMNO Party Elections!!

all just act like heroes bring down people party.

• 
• +0
• 
• 

...
written by wannabepatriotic, February 16, 2009 05:14:22

I agree we ought to boycott VT establishments. No more starbucks/711 for me...

It's puzzling that in the midst of the Ecomony crisis, our gov is spending unnecessary on themselves (party) than assisting us Malaysians. A non myopic action for future plunger and pillage for their personal gain.

When the crisis hits us, let us see what out hard earn money paid to the katak's gonna do for us... while they migrate to spend all their dirty money, what is left for us in a sinking country once known to many as Malaysia... a truly bankrupt asia

• 
• +2
• 
• 

...
written by RKKK007, February 16, 2009 04:20:23

We should stop supporting Starbuck (anyway the drinks there are of such low quality), no more buying Sports Toto or going to 7-11 and others. Magnum & Damacai, here I come!! VT, you are a disgrace to the society. You should be doing something good to society and not like a running dog. Camry Hee aka 4'5", everyone got debts to settle but you sold your 'soul' to the devils..

• 
• +3
• 
• 

...
written by Zeroed, February 16, 2009 03:39:57

ylcc, offense, none ever taken. Also point noted. Those kind of people should never be put up there as our leaders to begin with.

• 
• +3
• 
• 

...
written by ylcc, February 15, 2009 19:49:36

Hi Zeroed, no offence meant. My first comment was about the 3 horrible people, and that RPK was justified in his comments. I had taken in your comment addressed to me, but perhaps being a bit sensitive, I am sorry I do not approve when readers use words like "talk cock" or "no balls".

I do not disagree with you totally, neither am I insensitive to Lee & Hee's situations. I have a brother who is a compulsive gambler, who almost broke the family. Gambling is a disease, with broken promises of reform. Even RM25 mio won't last very long. Would I do what Lee Lam Thye or Hee did to help my brother out? The answer is no. Would I ask my husband to pay for his debts - NO, NO, NO. Help came in the form of hard-earned money by family members. There comes a point when you realise that that is not the way to help the person out. So whether they turn to crooked means or the "Ah Longs", you have to let go. If they have to go to a corrective hospital, or they have to go to jail, so be it.

My words go to those out there who gamble, it is not worth it. You either are going to hurt your loved ones or yourselves, or in the case of Lee & Hee, the innocent people.

• 
• +8
• 
• 

...
written by Kopi37, February 15, 2009 17:43:16

Wow! 15-million plus 10 more millions to come into her coffer, that's better than Hee operates a whore house for 3 generations she couldn't save that amount of money for her and the husband's life enjoyment of wealth! Easy money, no need to stretch the legs open and walk distance with clutches! What is morality to these kind of characters, low life stuff, is as cheap as tissue paper tainted with shit, flushed down and go!

Possibly if someone could be expert like the Taiwan lawmaker Chew-Yi, went as far foreign banks to dig out the concealed billion dollars that had been siphoned and stashed in foreign banks by the ex-President, monies that had been in the process of money laundry but caught red handed! Even the ex-President is not above the law, he's being judged not only by the court of law, before that, the whole world had judged the once 1st family the most pariah family in Taiwan which had never exist in the history of Taiwan! Probably this is a world record that the ex-President was dealt with law of justice which Bolehland is very much lacked off!

In Bolehland, we are still in the learning path of knowing what is real democracy. Perhaps due to barrier in languages, they rather prefer to learn from their brethren Sadam Hussein, a closer culture that they emulated pretty fast - the secret police, his tyranny and his manipulation of other cheap human characters by purchasing with monies - he virtually bought his kingdom with monies he had had looted and plundered from the poor Iraqis! God is great, Sadam faced punishment and retribution day which saw him sentenced to the gallows as a war crime, liked it or not, that's the way the most fiendish and tyrannic regime had been ended!

The Bolehland powers that be is very slow in learning! They are polios like Hee Yit Foong, only they can see powers and monies as paramount importance and the Nation and rakyats' well beings are all cheap in their yolk-less eyes! Dirty politics are all they learned fast and mastered despite knowing, they will fast to be doomed and drowned, yet nonchalant enough in their fancies of the Almighty is at their good service! That's why they use the religion, sully the region, until such time the day of reckoning is reached, they will claim piety and die as the matyrs!

Soon enough, they will be sunk by the same water which floated their pirate ship with God's willing!

• 
• +6
• 
• 

...
written by journeyman, February 15, 2009 15:57:23

i hope you're wrong this time, pak raja. i really do hope.

otherwise, hassan ali will be given a war he won't believe.

• 
• +11
• 
• 

...
written by bestcoffee, February 15, 2009 15:52:21

Najib has 25 days left.

• 
• +4
• 
• 

...
written by Zeroed, February 15, 2009 15:47:19

My religion does not permit me to be crooked. I am not hard up for travels as I was flying before and have seen the world. I am not hard up for contracts as I have retired and intend to enjoy my life to the fullest. All my expenses, including my new Toyota Camry 2.4 (unlike Hee), are paid for by my husband. I am very contented with what God has given me.

Gee...good for you, having said that, I meant well. Can't say it's the same for the masses.

• 
• +3
• 
• 

...
written by aryn, February 15, 2009 15:11:18

I suggest the PR govt introduce anti-hop law. Like if an adun wants to switch party or become an independent or vice-versa, he must resign and seek the voters mandate in a by-election.

1. To curb money politics and get rid of money greedy self-interest politicians.
2. Deter frogs from destabilising the government, state administration
3. Safeguard the people's mandate, their right to vote the government of their choice.
4. This anti-hop law would also prevent the tom, dick and harry from enlisting the istana for their own gains.

If BN or PR want to wrest the government after a general election, then do it in accordance to the constitution. In the august House.

PR, what are you waiting for.

• 
• +5
• 
• 

...
written by mendela, February 15, 2009 14:56:06

Anwar should try to dissolve the Selangor assembly now and force a new state-wide election!

Let's flush out all the potential frogs and replace them with able and faithful aduns.

In the mean time, let's grab at least 80% of Selangor seats!

• 
• +8
• 
• 

...
written by mendela, February 15, 2009 14:50:43

Do you know who is the biggest running dog in Malaysia?

The scumbag is none other than V. Tan!
Do you know how many body guards he needs in order to move around in KL?
At least 6!

If this bastard did not do too many bad things, why he needs so many bodyguards for?

Because of his sin, his brother is suffering from serious terminal disease now. Very soon it will be this running dog's turn!

• 
• +15
• 
• 

...
written by gotsms, February 15, 2009 14:10:56

Do you know that our country is not flushed with cash?

It just could not distribute. Coz all distribution muz equal with side distributions and lots of leakages.

Coz moz of the powerhouses are under Pakatan Rakyat.

Let's face it. I don't think our God is stronger than their money god.

• 
• +1
• 
• 

...
written by gotsms, February 15, 2009 14:09:32

I couldn't believe it. The very same Vincent Tan who owns Berjaya - and his company owes a friend of mine a measly few thousand has paid RM15million probably through Berjaya Sports TOTO ????

My my. I'll never really gamble. I'll make sure i won't touch toto. I'll make sure my midnight pangs of hungry, i will distance away from 7-11. I'll make sure I won't pickup THE SUN anymore.

And I'll make sure I won't go near Berjaya Hotels, frequents its malls. And I'll not even be going for Kenny Rogers, Star bucks.

Instead, I'll support Ramli Burgers, Oldtown Kopitiam, and other 24hr convenience stalls.

Now we know how we have been robbed. BUGGER!

• 
• +23
• 
• 

...
written by ylcc, February 15, 2009 13:20:31

ylcc, "if u get to roll with the high profiles fellor and get contracts to make your millions, would u?! most would jump into the boat without thinking twice."
My religion does not permit me to be crooked. I am not hard up for travels as I was flying before and have seen the world. I am not hard up for contracts as I have retired and intend to enjoy my life to the fullest. All my expenses, including my new Toyota Camry 2.4 (unlike Hee), are paid for by my husband. I am very contented with what God has given me.

• 
• +5
• 
• 

...
written by Zym Zym, February 15, 2009 12:50:58

Say and write less that's what I am going to do here but I just want to advocate one thing; we need dark justice if white one can't do the work.

• 
• +9
• 
• 

...
written by Dreamlander, February 15, 2009 11:37:18

The world economy is shrinking. Malaysia is certain to be affected. What is not definite is the magnitude. While hoping that the damage is slight, be prepared for a quick slide and long and slow recovery. (Ed Balls, one of Gordon Brown's closest allies and a former chief economic adviser to the UK Treasury, admitted in an extraordinary disclosure concerning the severity of the current economic downturn and he even predicted that its effects would still be felt 15 years from now) Under such a situation, protesting publicly is a waste of time and effort. We had better preserve our energies to keep ourselves and our beloved ones in a state of readiness and protect us from the negative repercussions of this coming economic downturn. Pakatan Rakyat should devise a mid-term (until next election, that is) strategy to empower the electorate. In a recession, everyone is looking for a bargain. PR Community agents should educate the community residents under their charge to buy from honest and fair merchants. Yes, discourage gambling. Save the money for a rainy day. Do not subscribe to paper based MSM. Reduce unnecessary paper consumption to save the forests and retard environmental degradation. Since most people have mobile phones, teach them to access the internet for news. Imbibe all with the habit of frugality. Encourage all volunteers and willing public participate in such community gotong royong (self-help) units. Over time, these units will become the building blocks to establish a more trusting grass root organization nurtured by a spirit of camaraderie to prepare them for the next battle in GE13. It is never too late to start NOW.

• 
• +1
• 
• 

...
written by RAW, February 15, 2009 11:36:22

It seems like God has abandon us. No, it very simple, God has already give us the answer i.e. our conscience.Just vote with our conscience between justice and evil. And yet many of us vote for them during the last election. If there is an overwhelming vote for the PR, even the hantu voters cannot help them. So simple yet so difficult.

• 
• +3
• 
• 

...
written by lynn, February 15, 2009 11:18:32

Dr Shad Faruqi,

Agree with you; hopping is tantamount to cheating the voters who voted for PR.

The law that permits hopping is in because it favors BN who have endless cash.
PR with its ideals, cannot sustain because it does not not have the

Sorry, RPK, we are all screwed. Am really sorry Selangor is going to fall to the corrupt.
Maybe this is Malaysia's ultimate fate - to be forever ruled by criminals.

• 
• +2
• 
• 

...
written by Zeroed, February 15, 2009 10:35:42

ylcc, this, my friend, is what we call the real world. Let me ask you this, if u get to roll with the high profiles fellor and get contracts to make your millions, would u?! A lot of people pen it down easily on virtues but when face with realities like escalation living cost, impending recession, unemployment rate....well...virtue or no virtue, most would jump into the boat without thinking twice.

I know I would. But I'll set a moral line that I'd not cross. That's to say, for instance, if I'm a contractor whom a ministry has awarded me contract to build a school. And say, they ask me to over value my quotation so, they can siphoned the over valued difference through me once the project is completed. I'm not stealing, they are. But, let put the law aside, for in this case, i would be a party to a corrupt act as well. Morally, what I'd do is to NOT cut corners and build a structurally sound school!! Criticize me all you want for stating this but most of your are going to be hypocrites anyway.

Power is the ability to make a difference, either it be good or bad, sadly, the human species tend to be naturally destructive in their choice of choosing.

Take Hee for example, I'd do exactly what she did if I'm exactly in her shoes. But in reality, I'm not in her shoes. I'd choose to strengthen my fundamentals and people around me so I don't have to be in that exact situation to have no choice but do what she did.

Again, this prove that PR did not profile their candidate when selecting good leaders. The way I look at it, they are not even fundamentally and structurally sound. Well, to give them the benefit of the doubt....at least not yet!!

On DSAI, in my humble opinion, I've yet to trust him. He appears to be in the business of winning the hearts of the Rakyat. But the manner in which he run this business, I still have doubts on his sincerity since his 'come back'. It seems more like a he's pursuing his personal ambition more while using PR as a platform to achieve this. As a great leader, he talk cock and boast too much and deliver no results.

On PAS, they have always been consistent in their Islamic doctrines, just that of late, they reinvent their approach to accommodate and to suit the present needs of the loose coalition.

On DAP, if BN is the thief walking by outside the house, DAP is the bulldog barking inside the gate for so many god damn years. I say, just open the damn gate n unleash the bulldog.

On BN, they're basically the most wealthy, efficient and corrupted power house in this nation. Because of that, they're arrogant & ignorant. Nothing more to add on. Enough said on BN.

On RPK, I've met many men who profess that they have the balls to do this & that but none actually put it into practice except Uncle Pete. You can talk this, you can talk that. If you do not walk the talk, you're only talking cock. I'm not being fanatical about siding Uncle Pete. Just name me anyone that equals him or better and I'll go to sleep peacefully knowing that there are actually more than one RPK out there...err...that Zaid Ibrahim guy, that senator or law minister that quit.. something.....Maybe!!

• 
• +15
• 
• 

...
written by educationist, February 15, 2009 10:19:59

Let not PR claim ignorance of the impending attack!!
How they can deal with it, it's their strategists job.
But let not anyone be misled that RM200 million is a small amount.
Not many men of principles and ideals can ignore the temptation a portion of that sum can make to their worldly lives.

• 
• +0
• 
• 

...
written by cruzeiro, February 15, 2009 09:12:36

And by the way, it isn't just a question of money - it is also about the immorality of Malaysians as a whole who are willing to give up their rights for pittance, and tolerate this immorality in politicians.

• 
• +11
• 
• 

...
written by cruzeiro, February 15, 2009 09:08:48

For a nation to come crumbling down, there are but three kinds of people in leadership, with three different characteristics that is required, namely -

* the untamed passions in a gifted man,
* the wanton power in a weak man, and
* the unteachable temperament in a privileged man.

How "lucky" we are, that we have all three in just one man, who I shall leave unnamed......................

Shad Faruqi the Pakistani "constitutional expert", in his Reflecting On The Law column in The Star said, "What is worrying is that the fall-out of this crisis is sullying the reputation and credibility of many legal and constitutional institutions while the root cause – the despicable phenomenon of party hopping – remains unaddressed." (like as if they have any worthwhile reputation in the first place!)

Shad, after earlier proposing that it is the Sultan's prerogative to "Hire" and hence, by virtue of the Interpretation Act, is entitled to "fire", now makes a U-turn to suggest otherwise by saying that, "This implies that an MB cannot be dismissed except by a vote of no confidence in the assembly. If an MB who has lost confidence, and is refused dissolution, is shameless enough not to walk away, then the Sultan would be justified in dismissing him ......
The question of losing confidence was not constitutionally investigated."

He then spins to justify the extra-constitutional actions of the EC in undermining the constitutional right of the Speaker of the Assembly, by saying that - "In the light of this decision and the denial by the two defectors, the Election Commission had some basis to make up its own mind and to declare that the seats had not fallen vacant..... ".
Has he forgotten the prerogatives of the Speaker and the duties of the EC?
So much for "constitutional experts", I suppose.

Anyway, he is once again, grossly mistaken on the matter of party-hopping - it isn't in the least bit, "the root cause", as he claims it to be.
The fact remains that party hopping is legal, and justifiable, should the reasons for it be morally valid, and it reflects the people's mandate - hence not an "issue". It is the premise upon which such an action is taken, that needs scrutiny - not the act of "hopping" in itself.
It would be wrong to ban it completely - and I maintain that it is wrong for Karpal and gang to demand an anti-hopping law, or reprimand DSAI for it.
I would rather suggest that certain criteria be fulfilled and procedures be adopted - so as to reflect the people's mandate, and also to restrict the exploitation that it may be subjected to by those who wield power and money.

*************************************

"He that is conscious of guilt cannot bear the innocence of others:
So they will try to reduce all others to their own level. "
-Fox, Charles James
**********************************
The issue here is the fact that the Nizar Government is the Constitutional Government!
The political coup d'etat which was perpetrated by the DPM, to install a Government in the State of Perak was simply through purchase of "commodity" (or so it seems), is unconstitutional and illegal - whether the Sultan swore them in or not!
The DPM mocks the very Constitution which Shad speaks of. This makes all documents, agreements and contracts drawn out by this government, "illegal"- and those who partake in their activities would be rendered criminals.
The perpetrators of this crime are however, lauded as "heroes" in a certain party which happens to rule the Nation!!! One can only speculate the level of respect these goons have, for the Federal Constitution or the rule of law .....

The question however remains -
Just what is the malady that afflicts the Malaysian leadership and the electorate, that it is so difficult for us to bring about the change we desire?.............
==========================
Clinging to the Cause .... Wishing the Results Away.
http://cruzinthots.b******t.co...-away.html

• 
• +4
• 
• 

...
written by borneopeteliew, February 15, 2009 09:01:52

The money to buy over the 6 Kedah Assemblymen is already in Mansur Sultan's account in Bank Islam. Mansur Sultan is the man.

The broker to this deal is one Sharif Udang who is Badawi's bag carrier from Penang.

Check this blog for details http://selvarajasomiah.w******...h-is-next/

• 
• +11
• 
• 

...
written by RungutanSiAhPek, February 15, 2009 08:54:07

For those who failed to read the entire piece of Shah Saleem Faruqi’s Legal Turmoil over Perak Defection, towards the entire of the article, he stated that “From day one of Merdeka, the KIng and the Sultans were open to civil suit for their official actions. They were only immune personally. In 1993 even the personal immunity was taken away. In sum it is not a violation of the Constitution to resort to the courts to seek an authoritative opinion on one’s rights and duties. Where else does one go, what else does one do f one has a claim ?

So, for those who are not aware, the personal immunity was stripped away in 1993 by the then UMNO-led BN government under the leadership of Dr.Mahathir. This development and the fact that the Royalties are not immune to civil suits are well known to most, if not all, politicians, especially UMNO leaders ! However, the official mass media, office of the Attorney General, police, civil service etc, had opted in concert to keep quiet over Karpal Singh’s recent statement that bringing the Perak Sultan to legal suit. The legal question of whether such an act (suing the Sultan) is treason or otherwise is crystal clear (oop..sorry, just to avoid ambiguity, it is absolutely allowable to suit the royalties) ! But then such an act is regrettably emotional and sensitive…one of which the UMNO-led leaders in conjunction with the engines in the Federal government are exploiting and fanning the emotions of a segment of the Malays, i.e. the nationalistic right-wing who knowingly well that Karpal Singh’s statement about the ability to suit the Royalties is legally correct and in the process trying to skewer Pakatan Rakyat.

• 
• +10
• 
• 

...
written by SamSan, February 15, 2009 08:28:17

I am praying thata Ku Li nd all right thinking politicians and parliamentarians in UMNO and BN will defect from AMENO given that it is beyond redemption as aptly put by our beloved Ku Li. Only if these right thinking and pious and God fearing politicans defect and set an example, can AMENO be reformed from all the corruption and rot in its election process at levels. Ku Li has to demand the total restoration of our Constitution as originally laid out by our founding fathers and restore the honour and dignity of our beloved monarchs which was raped and sodomised by Che Det and his gang of pirates.

Daulat Tuanku! Daulat Tuanku! Daulat Tuanku! Daulat Tuanku!

• 
• +2
• 
• 

...
written by Fuminari, February 15, 2009 08:26:00

clues are getting clearer,
vincent tan was linked up to the lingam gate 'korek,korek,korek',
n vincent tan hav coughed out 25 million in the perak saga.

• 
• +9
• 
• 

...
written by RAW, February 15, 2009 07:45:54

Can we do the pre-emp by asking all the ADUN to sign a resignation letter, stating that,if I were to resign from the party from this period of Feb 2009 to March 2014 then automatically I will resign from my ADUN also.

• 
• +7
• 
• 

...
written by edwardh, February 15, 2009 07:33:10

All ADUN should sign a dated agreement that with sudden crossover experience, resulting in perceivably unstable government, the state assembly should be dissolved and fresh election being called. Hence, returning the mandate to the people.

Crossover will therefore need to acquire the legitimate mandate to represent the people through the ballot box.

• 
• +7
• 
• 

...
written by chiongguo, February 15, 2009 07:15:24

Why are the sitting and sleeping YBs of BN taking all these sitting and lying down ? Shouldn't they also be paid RM10 or RM15 million each ? Why are they treated like dirt when they had shown their loyalty to BN all these while while the frogs are treated like prima donna ?

I would be hopping(pun intended) mad if I were them . Now get up and stand up for your rightful due. All you need to do is just to threaten to hop and voila you will get your millions.

• 
• +10
• 
• 

...
written by Steven Tan, February 15, 2009 06:38:26

Dear MERLIN2001, Brothers and Sisters,

That's how the (Sportstoto)system works. I've been telling many of my friends about the very very high tech cheating behind this organised and licenced syndicate. Unfortunately it's very difficult to prove because it's very well protected by the Big Shots from BN/UMNO/Cronies included the "Law And Authorities". So you, me and all our brothers and sisters out there can talk and talk but nothing will happen. Trust me their operation is more bigger gimmick/magic than David Copperfield show.

• 
• +20
• 
• 

...
written by johanssm, February 15, 2009 06:00:49

how come nobody suggest that voters have to be protected?
Voters like you and me here have to be protected too.
We voted for the party and it is the party which we wanted and if the elected rep leaves then the seat must be contestable.
If we the voters wanted certain individual as a rep, then the person must be contesting as an independent candidate.
The law failed to protect the voters and the reps are free to jump for money.
Is this fair?
If the rep jumps for the money, wont it be fair for the rep to split his/her loot(millions of it) with his/her voters?

If any supermarket over charges the consumer, the consumer have the rights to sue the supermarket or seek compensation.
How come nothing is there to protect voters?

• 
• +7
• 
• 

...
written by born2reign, February 15, 2009 05:33:08

This is good news. Let those who wants to sell their souls for a few pieces of toilet paper be united with their money god. Sooner or later this would happen, and sooner is better than later.

What better way to test the faithfulness and character of MPs to their rakyat than temptation and power?

In hindsight, Karpal was the wise one for he forsaw how the hopping rule can be used against PR. Sad to say Anwar is the foolish one, who lives in Lala land, thinking his opponents are gentlemen who will play by ethics. In the next GE, only the serious and sincere ones, who passed the "money & sex" trials of today, shall go on to be future MPs.

Let the shakings continue.

• 
• +9
• 
• 

...
written by Rozlan, February 15, 2009 05:25:26

Did Kedah and Selangor next? The answer is a big no.Those who have intention to frogging for sure will be scared to death now when they observed Perak fiasco.The Royals from both states will not want to go through DYMM Sultan Perak experiences.

• 
• +5
• 
• 

...
written by jeevy, February 15, 2009 05:00:35

5 PKR ADUNs in Kedah r going to cross over to BN soon?....this is news to me!!!.....r u trying to scare d PR govt. in Kedah and Selangor into dissolving their state assemblies and having fresh elections again without PKR this time?.....i can only guess dats yr only motive....its not so easy,brother,Pete....look at wht has happen to Hee now?...shes nowhere to be seen and so r d 2 other PKR ADUNs who defected.....all this evil ( haram ) money will eventually kill them!!!...theres no escaping!!!....if these 5 PKR ADUNS r really contemplating to cross over they better think several times b4 doing so for d wrath of d rakyat is very powerful!!!....these 3 PR ADUNs in Perak who hv crossed over to BN will eventually have to vacate their seats if d courts havent dictated otherwise yet...when fresh elections r held PR would win again hands down.....dats goes without saying...so wht now,brother Pete?...d sentiment of d rakyat is anti-govt now and its growing day by day as this impasse in Perak is showing.....BN is only buying a handful of malays to legitimise their " Ketuanan Melayu "...they must buy all d malays in malaysia to achieve this!!!....only then can BN rule malaysia otherwise it is a gonna and going soon to its grave!!!

• 
• +14
• 
• 

...
written by ylcc, February 15, 2009 04:48:33

Zeroed,
Vincent Tan, Lee Lam Thye & Hee are Chinese traitors, especially the "correct, correct, correct" associate, VT. Words just cannot describe him. A real-life mafia gang leader personified! If you think that Hee is bad, this guy is rotten to the core. The reason why he always gets away scout free is because of $$$$$$. Try getting hold of his confidential list of contacts with the high profiled in Malaysia. They make use of him, and he makes use of them for his business.

• 
• +32
• 
• 

...
written by m*******r, February 15, 2009 04:38:41

UMNO has long committed PENDERHAKAAN (TREASON) against the Royalty. However the Royalty has chosen to remain silent. Wanna know why? Read...http://m*******r.b******t.com

• 
• +7
• 
• 

...
written by merlin2001, February 15, 2009 04:35:22

So PR this time you are forewarned. It is up to the leaders to do the necessary to stop the hoppers.
I for one care less about the legal jargon. Primarily, no matter how you look at it if the judiciary can be bought, sold or bargained no matter how right you may have the law on your side you may very likely end up being the loser except BN.
As for PR may I suggest you now register this body and make it into a legal entity.
Since pre signed letters of resignation are useless documents PR must come out with something else.
For one make your candidate sign statutory declarations to the effect that should they decide to hop, they would have to pay back 10-20 times the salary to be drawn plus all pension and benefits over the 5 year period as MPs or Aduns. This declaration has to be signed by a commissioner of oaths plus an endorsement by the HRH Sultan or Governor or a Judge. The money collected will be put into a special fund to be used for the constituency they hopper represents. If he does not pay then make him a bankrupt. By being a bankrupt he automatically loses his seat, not necessary for him/her to resign.
Next is to stop the money trail, if Vincent Tan did pay for the hoppers make it be know to all that Najib or BN uses Haram people and Haram money to fund his ambitions.
Finally, let it be known that the sanctity and purity of Islam and the Malays must be now preserved at all costs. The country just cannot afford to keep on paying for the growing numbers of PSEUDO Bumiputras and their children. The rights to be be a BUMI has to be earned not automatic.
To do this all mixed marriage to Malays the husbands or wives has to undergo practical and theoretical test every 6 months or 12 months to verify that they indeed do adhere to ISLAM. These tests has to be conducted by a panel
or esteem Muftis.
Also a record of the number of times they attend Friday prayers has to be invoked.
Failure of any, means they lose their rights to be BUMIs'.
Their children too has to undergo these as soon as they are in STD 6 and must show they had undergone tuition by an Iman over 3-4 years.
These are practices True Malays do.
I am not proposing something new.
If PR proposes this in their manifesto, it will cull the many Bumis' who are not true to their conversion. The cake to true Muslim Malays becomes more manageable and their rights preserved. More funds can then be channeled to the real Bumis'.
Continue like we do today the cake to true Bumis' gets smaller by the year till a day will come when the wheatish and black Bumis' gets richer and the poor Malays gets poorer.
The battle LOOMS, and PR best be ready and not wait for the fattish lady to fart you down the gutters.

• 
• +1
• 
• 

...
written by densemy, February 15, 2009 04:31:46

If what you see going on around you at the moment doesnt convince you that Malaysian Society is rotten to the core, then I wonder what it will take to convince you

What these low life party hopping scum do is nothing worse than what you Malaysians do in your everyday life. The only difference is that the impact of what they have done is far greater ... or is it???

Queue jumpers, queue hoppers, people who run to the buffet to gorge themselves on delicacies, people who fail to fulfill engagements because something better comes along, drivers who constantly change lanes to get 5 m ahead of 'the competition" drivers who constantly break the law because "they know best", an almost total lack of respect for the law, conventions and other people

These are some of the wonderfully endearing characteristics of Asians that everyday you display as examples of "good citizenship' to your children

Call it opportunism, call it greed, but the bottom line is that these are all examples of Selfishness... and as a Nation you are appallingly selfish

.. and the roots of all that you have criticised in these party hoppers are the same roots that you display in your everyday lives

I call that hypocrisy

.. and to add insult to your hypocrisy you lie back "while Pakatan Rakyat figures out how to defend Kedah and Selangor"

You've got to be proud to be Malaysian

• 
• +15
• 
• 

...
written by Zeroed, February 15, 2009 04:26:03

hmm...Uncle Pete...I'm really worried for u. Now Vincent Tan, Lee Lam Thye & Hee might wanna drag u to court for defamation over this article. Well, as usual, I'm sure u have prove to back up your claim. I truly admire u with utmost respect for turning those stones and subsequently spending the remaining years of your life going in n out of the courtroom with your constant struggle for a better Malaysia.

Salute!!!

• 
• +62
• 
• 

...
written by quietguy, February 15, 2009 04:24:37

Since it was the Rakyat who voted the representatives in, by right it should be the Rakyat who decide when they no longer want them to represent then in the assembly. I suggest that we introduce Recall Elections. This is where voters, through petitions to the Head of State or the legislature, can force the resignation of an elected representative and consequently, a by-election to elect a new representative. I imagine that this would require constitutional changes so I suggest that PR states with the requisite 2/3rd majority, i.e. Kelantan and Penang, introduce the Recall Elections into the state constitutions. This would indirectly solve the issue of party-hopping since an elected representative would not likely party-hop if they fear being Recalled by the voters and losing their seats.

Read about Recall Elections here:
http://en.wikipedia.org/wiki/Recall_election

• 
• +12
• 
• 

...
written by loosecannon, February 15, 2009 03:46:31

The only way to fight this is for the rakyat, supported by civil societies, to organise mass protest against party hopping. This is to show politicians that we are not going to tolerate their prostituting themselves to the highest bidder. PR must be treat this threat seriously or they are going to lose one state after another. Najib is a dangerous enemy and nothing is beneath him to get his way. He's fighting for his life and it's no holds barred for him. PR must also draw up a more comprehensive guidelines on the choosing of candidates for election. Spouses and family background must be factored in to sieve out cases like Hee Yit Foong. I knew that her husband was somehow involved in her predicament.

• 
• +11
• 
• 

...
written by temenggong, February 15, 2009 03:45:25

In Selangor, Khalid should discuss with the sultan on the laws pertaining to resignations of Aduns and dissolution of the dewan so that everyone is clear on the laws.

Pas should warn Dr. Hassan Ali of dismissal from the party for treachery.

• 
• +57
• 
• 

...
written by Badrol, February 15, 2009 03:28:11

Okay, so umno may be able to take back Selangor and Kedah just like how they did unto Perak. To stop all this nonsense by umno, we the rakyat must stand together and during the next GE13 we must completely annihilate them. We give Pakatan not just 2/3 majority but >95% vote. Then we ask the Pakatan federal government to completely relook at the constitution and make the necessary amendments. New MACC, police chiefs and the judiciary will then take actions against the umno leeches. Not even one of them must be spared, even suspicious pakatan leaders like Hassan Ali included.

• 
• +37
• 
• 

...
written by CheGUvera, February 15, 2009 03:21:07

Now we know the link to Bitch Hee...we can boycott the money supplier of 25 million..well, we know what this owns eg time sq, tropicana city mall,we can do it. Exxon(biggest co in the world) went on it's knee after boycott from the people of Europe during the Alaska oil spill, so what is this peanut to us, if we have the will. Name is already given.Use our conscience to act, starbuck,wendy etc..just dun visit them to start of with.Not very hard really

• 
• +44
• 
• 

...
written by Motherchell, February 15, 2009 03:18:35

Dear merlin2001, you are absolutely right . If you look at all the top directors and the runners in this company --- the list goes all the way to Putrajaya. The connections are too distinct. It has never been permutations and combinations , ITS TOTAL MANIPULATION . THESE COMPANIES are kept as Malaysian FortWorth's. The IT dept is a kitten , we might as well abolish it or dump it into a sewage tank .

The filth in the Corporate sector stinks , and Malaysia is being robbed dry . We can only pray for nature to take them on-- which i believe will happen soon .Assuming Najib is incorrigible , the shocking state of affairs is , its all under Badawi's watch!! A religious studies nincompoop.

• 
• +12
• 
• 

...
written by ksmaniam, February 15, 2009 03:16:09

It seems confusious said "When rape is inevitable, lay down and enjoy it". If BN is going to do it. Either PR should protect them wholesale or all of them jump and collect the cash. Then when all is clear jump back. This works on trust. PR must trust their mp's. The problem will be when the payment is made in installments. If they jump en-block they can negotiate that certain hugh sum is paid up front. Then jump. After which take the money and spend it for the rakyaat or make a MACC report. Of course the giver will make sure it does not link to him. Again if it is done carefully and well planned, it can be connected.
Nobody likes hoppers, agreed, but if it is inevitable, rather than losing thw whole game, turn it to your (PR's) advantage.
DSAI is a good planner and has good planners with him. Think, RPK has provided a warning, DSAI should heed it. I think our dearest Tok Guru has good experience in solving such problems. His thoughts should be sought too.

In addition to that, form Shadow cabinets in all states, so that the PR mp's are not restless. Give them something to do. Give them an agenda.

Lastly, a final word, without the federal government in PR's hand, this is forseeable.
and now we see it.
Anyway I am putting my thinking cap on, hope all of you can come up with something to solve this hopping problems.

• 
• +7
• 
• 

...
written by OVERLORD, February 15, 2009 03:15:33

This is the crux of the matter which proves to be his greatest mistake.He should have returned the decision making process back to his people.This option was the most neutral decision that he could ever perform, but instead,he appointed a bunch of rag tag,hastily sewn together Government. What we witness now is a state of stagnation due to this political impasse where the KIng is bunkered down, the people are frustrated and corruption is king. To deny the will of the people was to "legalise money politics.". This similar scenes will be played out for future elections to come for as we know that "everyone has a price"

• 
• +34
• 
• 

...
written by SamSan, February 15, 2009 03:10:54

Pleading to Khairy Jamaluddin - de facto and incumbent UMNO Youth Head

Umno Youth under Khairy Jamaluddin should immediately table a resolution in Parliament asking for the full restoration of the original constitution as adroitedly drafted by our wise founding fathers. That way the original and check and balance of the Monarch would be restored. That way UMNO Youth can ensure that no one including any political party hold our beloved King and Rulers to ransom everytime they loose popularity with the Rulers people. If KJ is sincere in upholding "ketaatan to our beloved Duli-Duli yang di sanjung tinggi", the I suggest he show guts and gumption and table the resolution in parliament immediately to overturn the treason committed by Che Det in 1993 and 1983 Constitutional amendments. We need to bring back our Merdeka day glories and restore the original check and balance power of the fourth pillar of democarcy ie our beloved Monarchy.

• 
• -13
• 
• 

...
written by Melly, February 15, 2009 03:08:03

Would the payout be before tax or after tax? Their tax return would make interesting reading. Come on, let the anti-frogging be made into law & solve this time consuming and tax paying waste be stopped so that those elected get down to do a proper job for the country.

• 
• +6
• 
• 

...
written by CheGUvera, February 15, 2009 03:07:40

So, this is where the eco..rescue package of 7Billion is going to, our hard earn money??? 6,5billion into C4 pocket and the rest to corrupt the corrupt. At least he seem to have a little pea brain to know this "money corrupts and bullshit on walks".Wait, judgement & payment day will be sweet from the RAKYAT. History is on our side.

• 
• +18
• 
• 

...
written by InEffective, February 15, 2009 02:59:28

The only chance the rakyat has in defending theirselves from the self-interests of the sultanate, the self-interests of politicians, is essentially to withhold all coorperation collectively -

Ie total shutdown of providing products/services of non-life-support nature, shutdown all taxation payments and financing of governance, essentially bring the functions of the nation to a standstill.

Rakyat is under an effective state of coercion - where their rights and choices can be bought and sold like fish at the wet-markets without their consent.

That's what happens when all check-and-balances and all branches of governance is effectively dysfunctional and that all apparatus of state is levered to oppress and suppress the rakyat. (no surprises that only the rulers believe the constitution is intact and functional)

• 
• +16
• 
• 

...
written by RungutanSiAhPek, February 15, 2009 02:55:11

On the issue of dissolution of the Assembly, it was clear to me then, and more so now, that Perak Sultan, in the words of SSF, “has the undoubted discretion, guided by his own wisdom and the broader interest of the state, to refuse a request for a premature dissolution. So, was it wrong for the Sultan not to accede to Nizar’s request for a dissolution ? Well, HRH Perak Sultan has already made the decision and we have to live by it. So, what can I say ? but then….. eventhough HRH has the discretion, isn’t it clear too that HRH also “has to be guided by his own wisdom and broader interest of the state”.
The UMNO-thugs are calling for treasons on those who have “questioned” HRH’s decision. However, it in my opinion, is that HRH is a learned man, and being such a person would want his subjects (and fellow Msians) to advance as thinking, rational and moral subjects/people, and not adopt animal-like emotional and uncontrolled behaviour. Would His Highness prefer us (ok, maybe I am not a Perakian but from Pahang) or fellow Msian to discuss and analysis his decision with the hope of advance our state of minds and civilization or absolutely behave like zombies ! Lets not insult HRH’s intelligence ! As long as we discourse calmly and rationally, HRH will only smile upon us !

• 
• +8
• 
• 

...
written by Dualties, February 15, 2009 02:48:36

The responsible government, please initiate a law for hopping since the majority of the policians were silence after the Perak frogging, we can allow party-hopping with at least 40% of the ruling state/parliamentary seats frog to another party. This will enable the vote of no-confidence on the ruling party.

• 
• +8
• 
• 

...
written by RungutanSiAhPek, February 15, 2009 02:40:29

SSF had opined in his article that the Election Commission had some bases in deciding that the disputed Assembly seats had not fallen vacant. I disagree with SSF’s opinions. My thoughts are these: At the outset, needless to say that the Election Commission has to always act consistently and impartial on the same rule in determining whether a seat had fallen vacant or otherwise. Pls pls can some learned constitutional lawyers out there, pls enlighten me on the rules (of seat vacancies) by which the EC has to but no other choice impartially follow ! Unless someone clarifies, my understanding is that the rule is a formal declaration and a notice to the EC by the Speaker of the House that the seats are vacant and only then it is encumbered on the EC to call for an election! These had apparently took place, and hence why the Speaker of the House is so adamant that the turncoat-Assemblymen are no longer human but amphibians ! So, after reading SSF’s article, I am now of the opinion, that the two hoppers are no longer legally valid state Assemblymen. The Election Commission should not be swayed by any subsequent retractions or otherwise (i.e. there will be case of assemblymen insisting that they had resigned!) in determining status of the assemblymen’s seats, in my opinion.

• 
• +11
• 
• 

...
written by merlin2001, February 15, 2009 02:34:33

correction -" Just how many of these "

• 
• +11
• 
• 

...
written by merlin2001, February 15, 2009 02:31:02

This is NEWS indeed, if true.
Just how would Vincent Tan explain to the tax authorities his payment to Hee?
In the past 6-8 weeks 4-5 large hits happened. If I am not wrong 4 came from the
6/52 and 1 from 6/42 in Sports Toto.
We know that the game is computerized and it would be easy for for manipulations to take place during the draw.
If it did, the punters are the ones who paid Hee, not Vincent Tan.
Thus the PUNTERS are the ones cheated.
Just how many more will of these will be used to pay grasshoppers/ BN's NEEDS.
If I am not wrong ( can some statistician ) please confirm.
The odds for 6/52 is in the region of 1:22 million plus and 6/42 1:5 million plus.
For 4-5 large hits to happen over a short span is quite usual.
Should my suspicions be correct than the Chinese with some Indians and Malays
are all victims of Berjaya Sports Toto. Cheated.
I have for some time been suspicious of Sports Toto as their real time draw could never be accessed on-line.
All punters should now boycott playing until some independent body investigate
thoroughly the activities of B. Sports Toto.

• 
• +236
• 
• 

...
written by RungutanSiAhPek, February 15, 2009 02:28:09

On the issue of undated-and-open resignation letters by Assemblymen, SSF pointed out (to my surprise) that based on proceedings in UK, it is the privilege of the Parliament (in our case, the Perak State Assembly or Speaker of the Assembly) to determine on the issue of seat vacancies. SSF also pointed out that the Perak Constitution permits a member of the Assembly to resign “by writing under his hand addressed to the Speaker”. According to SSF, the decision of the House is generally regarded as final ! However, SSF went on to say that the problem is that the two hoppers had denied that they wrote to the Speaker with SSF further highlighting the relevant judicial decision of Datuk Ong Kee Hui vs Sinyium Mutit which ruling had rejected open-resignation letters. Personally, I disagree on SSF’s prognosis of the uncertainty raised in the hoppers’ denials. Resignations from State Assembly or Parliaments are no minor matters, with the Perak and Federal Constitution (according to SSF himself!) being very clear on the legal procedure on this matter. The fact that the two hoppers had verbally (or in writing) denied the resignations, in my opinion, are wholly unacceptable as there should and can only be one determinant of whether resignations had taken place: an official letter to be submitted by the Assembly and subsequently accepted by the Speaker of the House. To accept any subsequent verbal or written retractions or denials of resignations will not only cause chaos and uncertainties but also a mockery of the esteemed positions of State Assembly. SSF unfortunately failed (maybe due to the limited space in his article) to highlight the reasoning behind the rejection of open-dated resignation letters in the Ong Kee Hui vs Sinyium Mutit ! Anyone can enlighten us ? To be fair, we have to read the judgment of this Ong kee Hui vs Sinyium Mutit on the judge’s reasoning to come to the final decision, and make our own judgment whether it make sense lest it is another Nordin Salleh1992 kind of ruling !

• 
• +40
• 
• 

...
written by krising1, February 15, 2009 02:22:06

Patek mohon berderhakah, the good prof has had a tuition class for the Home Minister, AG and IGP. They now know what is treason, I hope.

• 
• +52
• 
• 

...
written by Motherchell, February 15, 2009 02:18:23

THE ENEMY OF DEMOCRACY IN MALAYSIA

• 
• +261
• 
• 

...
written by avaaz, February 15, 2009 02:17:24

The only way is for People's Power, for the court of Pubic Opnion to force these frogs to vacate these seats. They should not be allowed to funtion on any other platform than the one they were elected on.
It should happen soon, otherwise we will soon see the toppling of opposition states.
The People voted for change, it is unacceptable that our votes count for nothing in the face of money politics...
Fellow Malaysians what the heck are we waiting for??? Take action, get active, demand for the change that you voted for.

• 
• +92
• 
• 

...
written by RungutanSiAhPek, February 15, 2009 02:13:04

One of the key issues in the current turmoil surrounding the (il)legitimacy of the PR-led or UMNO-led Perak State government, as presented by Shad Saleem Faruqi (SSF), is in the issue of defection. According to SSF, the Federal Constitutions is pretty clear on the “guarantees freedom of association (i.e. the Assemblymen can choose to devolve into a katak when RM$20m are fed to him by the evil Sarumno!)” with a subsequent judicial decision ruling (i.e. Nordin Salleh 1992) supporting such acts. So, unless someone provides an alternative view, seems like we had no choice but to view that those cold-blooded amphibians who feed on insects may have the legal support behind them but their everyday existence will be condemned by their recent immoral acts (money used to repay still gambling debt is not excusable !, in my opinion). On SSF’s comment on the Nordin Salleh (1992) case, it is truly unbelievable that the Federal Court had ruled that the anti-hopping law enacted by opposition state (he did not mention which state) on the ground that the term “morality does not cover political morality ! This is downright absurd! The Federal Judge who had made this ruling should be line up against the wall ! Can someone tell me whom this imbecile is !?

• 
• +59
• 
• 

...
written by Urangsabah, February 15, 2009 02:05:43

Well if the article is true, defector are only waiting for the right time (maximising the returns).

The Rakyat will not be get any help from UMNOed BN and the Royalties.

I guess come the next election, the only choice left for Malaysian is to 100% vote UMNOed BN Goboment out (wishful thinking).

Like Ku Li said, our leaders are the problem, and they have structured the party, bullied and bought it, so that they cannot be replaced by those who would lead to serve,"

• 
• +232
• 
• 

...
written by NSTPravda, February 15, 2009 02:02:26

“What is worrying is that the fall-out of this crisis is sullying the reputation and credibility of many legal and constitutional institutions while the root cause – the despicable phenomenon of party hopping – remains unaddressed.” - Dr Shad Faruqi

Wah! Learned Professor Dr. Shad Faruqi
Are you living in on the same planet recently
You assumed that we care reputation ahead of cash
And value integrity ahead of increasing our stash
I think you should re-examine your assumptions in everyway
Living in your ivory tower too long is not semua-nya OK!

• 
• +118
• 
• 

...
written by ahmadneil, February 15, 2009 01:53:14

If there is anyone out there who still have doubt that traitors will be pardoned and praised,Hee is the answer.

• 
• +362
• 
• 

...
written by ahmadneil, February 15, 2009 01:51:21

Hee is a shinning example that many will fear if they have any thoughts about crossing over for those dirty ringgit.If they are prepared to taint their image and that of their families,then go ahead.

• 
• +455
• 
•