Tuesday, March 3, 2009

Perak drama: The showdown Chronology

5.39pm 4.49pm: High Court Judicial Commissioner Ridwan Ibrahim today granted an injunction sought by Perak Menteri Besar Datuk Dr Zambry Abdul Kadir and the six State Executive Councillors to stop Speaker V Sivakumar from convening any state assembly sittings.

4.49pm: Chief Secretary to the Government Tan Sri Mohd Sidek Hassan said today Perak state legislative assembly secretary Abdullah Antong Sabri had acted correctly in declaring that the emergency sitting of the assembly was illegal, BERNAMA reports. He said Abdullah was only discharging his responsibilities. "If a public officer is acting in accordance with the law, then he or she has acted rightly," he said when asked to comment on the issue today.

1.11pm Kuala Lumpur High Court Justice Lau Bee Lan will decide on Friday whether to transfer the judicial review application by former Perak MB, Datuk Seri Mohammad Nizar Jamaluddin, to the Federal Court. Nizar is challenging the legitimacy of Datuk Dr Zambry Abdul Kadir as Perak menteri besar.

10.34am Judicial Commissioner Ridwan Ibrahim removes the five counsels representing the Perak Speaker on grounds that they have no locus standi to represent Sivakumar, who is from the government. He says that the state legal adviser will now appear for the Speaker. Constitutional expert Tommy Thomas, who was one of the five removed and now only allowed to hold watching brief but with no speaking rights, has withdrawn himself, saying that there's no point with no role for him to play.

10.32am Speaker adjourns Assembly meeting.

10.29am Perak State Assembly passes a vote of confidence in Datuk Seri Nizar Jamaluddin as mentri besar and proposes that a new election be called.

10.05am Misbahul Munir, as the newly-appointed State Assembly secretary, recites a prayer to mark the start to the State Assembly sitting.

10.01am State Assembly Speaker V. Sivakumar dons robe and songkok to show he's still State Speaker and declares a small clearing as the venue for the State Assembly to hold its emergency meeting.

9.47am Pakatan leaders walk to DAP headquarters about 30 metres from the State Secretariat.

9.43am The crowd and Pakatan leaders move back behind barricade as instructed by police. The Police thank everyone for cooperating.

9.37am Pakatan assemblymen try to gain access to the State Secretariat but are blocked by police. All, including media personnel, were given five minutes to disperse.

9.33am Nizar walks towards the State Secretariat entrance with his supporters. Heavy police presence around the premises. Police warn of arresting those who refuse to disperse.

9.19am Pakatan Rakyat assemblymen, including former mentri besar Datuk Seri Mohammad Nizar Jamaluddin, arrive outside the State Secretariat. Federal Reserve Unit personnel are blocking the building entrance.

By NST Online..

Perak drama: The showdown



Under a tree, assembly votes for fresh polls

IPOH, March 3 — In the shade of a rain tree with the State Secretariat just 200 metres away, Perak Speaker V Sivakumar convened an emergency sitting of the state assembly today which effectively voted to end the de facto Barisan Nasional (BN) government of Datuk Dr Zambry Abdul Kadir.

Across town at the same time in the Ipoh High Court, BN lawyers were arguing to stay the proceedings of the state assembly, pending a law suit against Sivakumar for suspending from the assembly Zambry and his six executive council members.

On an eventful day, Perak’s administration has been thrown into chaos with both BN and Pakatan Rakyat (PR) questioning the legitimacy of each other’s actions.

The State Secretary’s directive to close off the building which houses the state assembly had added to the confusion over the administration of the state.

The directive resulted in riot police barring state assemblymen from entering the building.

All the lawmakers that had turned up this morning were from PR parties. BN legislators, not surprisingly, did not show up as they contend the assembly was invalid.

Sivakumar was the only person given permission to access the building, but he chose instead to walk nearby to convene the assembly with the presence of the PR assemblymen.

Dressed in his ceremonial black robes and songkok, the Speaker presided over a sitting, which on the face of it appeared legal as long as he was present.

The sitting proceeded to pass three votes – expressing their confidence in Datuk Seri Nizar Jamaluddin as mentri besar; calling on Nizar to seek a dissolution of the state assembly; and endorsing Sivakumar’s suspension of Zambry and the de facto BN executive council.

Nizar told reporters later that he would seek an audience with the Sultan to ask for consent to dissolve the assembly.

At the Ipoh High Court, Judicial Commissioner Ridwan Ibrahim ruled that five lawyers, including constitutional expert Tommy Thomas, had no locus standi to represent the Perak Speaker in court.

He said the Speaker must be represented by the state legal advisor because he is part of the state government.

Thomas told reporters the team had no choice but to withdraw from the case.

Earlier this morning, a minor scuffle broke out when a group of unidentified men tried to stop Nizar and other PR assemblymen from entering the state assembly compound.

Subsequently, Nizar and the assemblymen were prevented from entering the state assembly by riot police, backed by two trucks with water cannons.

Yesterday, Zambry declared any attempt to hold an emergency sitting of the state assembly a “threat to national security.”

News by TheMalaysianInsider

Monday, March 2, 2009

Perak drama: Set for showdown

IPOH: The situation in Perak was calm but tense Monday as the wrangling political parties took their battle to the courts.

Perak executive councillor Mohd Zahir Abdul Khalid and two lawyers served a notice of misconduct to State Assembly Speaker V. Sivakumar, referring him to the Rights and Privileges Committee.

The notice, handed to Sivakumar’s political secretary A. Wasu at the Speaker’s office at 11am Monday, came with a report accusing him of abusing his power to commit contempt of the House by disloyalty to the Sultan of Perak, Sultan Azlan Shah.

Mohd Zahir told a press conference that the Speaker was referred to the committee for violating Article 47 of the state constitution following his suspension of Perak Mentri Besar Datuk Dr Zambry Abd Kadir and his six exco members.

The Article reads that an assemblyman taking oath must swear to preserve and defend the State Constitution and bear true allegiance to the Sultan of Perak.

“We feel that the Speaker is not following the constitution and has disobeyed the Sultan’s orders (titah).

“We have already informed all assemblymen, including the Speaker, that they must remain loyal to the Ruler. This is blatant disresgard of His Royal Highness,” Mohd Zahir said outside the Speaker’s office at the state secretariat here.

Interestingly, Sivakumar heads the same Rights and Privileges Committee.

Lawyers representing Perak Barisan Nasional are also expected to file an injunction against the Speaker at the Ipoh High Court.

Sivakumar had called for an emergency sitting of the State Assembly on Wednesday, invoking Standing Orders 8 and 11 to vote on two motions.

State secretary Abdullah Antong Sabri however released a statement to say notices sent to state assemblymen of the sitting must be accompanied with the Sultan’s proclamation summoning the assembly.

There were reports that supporters of both parties would convene Tuesday -- Barisan supporters to prevent the previous Pakatan Rakyat state government from convening the state assembly sitting, Pakatan supporters to stop them from doing so.

As of Monday, there was no sign there would be a mass gathering being planned for Tuesday. PAS Youth chief Salahuddin Ayub said supporters might turn up if there are police roadblocks.

On Monday evening, the State Secretary’s office issued a circular informing all staff to cancel all appointments scheduled at the premises Tuesday as the main entrance into the building would be closed.

The circular did not say why the doors would be barred. The State Assembly Hall is located within the State Secretariat building.

Perak CPO Deputy Comm Datuk Zulkifli Abdullah warned members of the public not to gather outside the State Secretariat building on Tuesday.

“Those who do not heed our advice will be considered as taking part in an illegal gathering,” he said in a statement.

“We will take the necessary action against them,” he said, adding that only officials, employees and those with permits would be allowed into the building.

He said that according to the State Assembly Secretary, the emergency meeting of the Assembly called by Sivakumar is invalid because it had not received the consent of the Perak Ruler.

Former mentri besar Datuk Seri Mohammad Nizar Jamaluddin, who still maintains he is the legitimate mentri besar, said they would have the emergency sitting at a coffeeshop or the canteen at the state secretariat building if the doors to the Dewan were barred.

In KUALA LUMPUR, Bernama reported that Nizar’s judicial review application to challenge the legitimacy of Dr Zambry as Perak mentri besar will be heard before another High Court judge on Tuesday.

The case is fixed before High Court (Special Powers and Appellate) Court judge Lau Bee Lan, six days after Judicial Commissioner Mohamad Ariff Md Yusof recused himself from hearing the suit.

One of Nizar’s lawyers, Leong Cheok Keng, when contacted, confirmed the matter.

On Feb 25, Mohamad Ariff recused himself, in the interest of justice because prior to his appointment as judicial commissioner, he had represented PAS, PKR and even Barisan in several court cases, including election petitions.

In his application for a judicial review, Nizar is seeking an interpretation of the Perak state constitution on whether the mentri besar’s post can be vacated in a situation whereby:

* THE mentri besar had advised the ruler on the dissolution of the state legislative assembly;
* THERE is no dissolution of the assembly;
* THERE was no motion of confidence performed against him at the state legislative assembly;
* THERE was no resignation made by him.

He said the writ is of quo warranto (by what warrant) on Zambry to show cause under which authority the Barisan-designated mentri besar can be the legitimate mentri besar.

He is also seeking a declaration that he is the legal mentri besar of Perak and an injunction to stop Zambry from carrying out the duties and functions of the mentri besar.

Nizar is also seeking punitive, aggravated and exemplary damages and costs.

NEWS BY THESTAR ONLINE..

MORE NEWS AND UPDATES, CLICK HERE.

DUN Perak ditutup, elak sidang tergempar

Dalam tindakan mengejut untuk menggagalkan sidang tergempar Dewan Undangan Negeri (DUN) yang dirancang esok, kompleks pentadbiran negeri yang menempatkan dewan itu akan ditutup esok.

Menurut kenyataan yang dikeluarkan oleh bahagian khidmat pengurusan, Bangunan Perak Darul Ridzuan di Jalan Bukit Gantang Wahab akan ditutup.

Kakitangan yang menetapkan temujanji di bangunan tersebut esok diarah membatalkannya.

Notis tanpa tandatangan itu dari pejabat Setiausaha Kerajaan (SUK) menggunakan logo rasmi kerajaan negeri.

Terdahulu, seorang exco kerajaan BN Perak ingin Speaker Dewan Undangan Negeri (DUN) dihadapkan kepada Jawatankuasa Hak dan Kebebasan dewan itu berhubung dakwaan salah laku V Sivakumar.

Notis yang mengandungi laporan salah guna kuasa oleh Speaker, menghina DUN serta tidak taat setia kepada titah Sultan Perak itu diserahkan kepada setiausaha Speaker, A Basu di pejabatnya di Bangunan Perak Darul Ridzuan pada 11 pagi.

Mohd Zahir Abdul Khalid berkata notis itu juga berkaitan tindakan Speaker menggantung dan melarang Menteri Besar Perak Datuk Dr Zambry Abdul Kadir dan enam exco kerajaan negeri menghadiri persidangan DUN, lapor Bernama.

Tindakan ini dipercayai sebagai reaksi balas terhadap usaha Speaker memanggiil sidang tergempar DUN jam 10 pagi esok bagi membahaskan usul-usul undi percaya terhadap Datuk Seri Mohamad Nizar Jamamaluddin, yang ditumbangkan oleh BN, dan membubarkan dewan.

Semalam, Setiausaha DUN Abdullah Antong Sabri berkata cadangan Speaker untuk memanggil sidang tergempar itu tidak sah.

Ia tidak boleh diadakan dengan tidak mendapat perkenan Sultan Perak berdasarkan perintah tetap dewan serta undang-undang tubuh kerajaan negeri, tambahnya.

Sivakumar mingggu lalu dilaporkan berkata sidang tergempar itu tidak memerlukan perkenan baginda terlebih dahulu kerana notis 14 hari hanya perlu dikeluarkan dalam keadaan DUN bersidang biasa dan bukannya untuk sidang tergempar.

Semalam, beliau bertegas akan tetap meneruskan sidang tergempar itu - melanjutkan lagi krisis peralihan kuasa di negeri itu yang berlarutan kira-kira sebulan.

Kerajaan BN juga akan memohon perintah injunksi daripada mahkamah bagi menghalang sidang tergempar itu.

More news from Malaysia Kini..

Sunday, March 1, 2009

Sivakumar accused of abuse of power, notice served

IPOH: Perak executive councillor Mohd Zahir Abdul Khalid has served notice referring State Assembly Speaker V. Sivakumar to the Rights and Privileges Committee.

The notice, served to Sivakumar’s political secretary at 11am Monday, came with a report accusing the Speaker of abusing his power to commit contempt by showing disloyalty to the Sultan of Perak, Sultan Azlan Shah, under Article 47 of the state constitution.

Zahir told a press conference that the matter concerned Sivakumar’s suspension of Perak Mentri Besar Datuk Dr Zambry Kadir and his six executive council members.

News by TheStar..

Najib to be new premier at end of month

HUA HIN (Thailand): Prime Minister Datuk Seri Abdullah Ahmad Badawi will hand over the baton to his deputy Datuk Seri Najib Tun Razak this month.

He said he would stick to the plan to hand over the prime ministership to Najib.

“That is the plan that I have made, so we will have to follow the plan,” Abdullah replied to a question by a foreign journalist on concerns that he would not hand over the prime ministership after the Umno general meeting at the end of the month.

Abdullah is here attending the 14th Asean summit.

He had late last year decided not to seek re-election as the party president and step down as Prime Minister.

In another development, Malaysia’s push for Asean to recognise the Gaza situation received a boost when the region’s 10 leaders called for humanitarian aid for the Palestinians.

The chairman’s statement at the summit said the well-being of the Palestinian people in Gaza was of paramount importance.

“We support all efforts – regional and international – aimed at achieving a durable ceasefire on the ground.

“We stress the importance of promoting recovery and rehabilitation in Gaza, and the need for sustained international assistance,” said the statement.

News by TheStar..

In a day of shame, Parliament came close to emulating the Taiwan legislature - Security tightened at Parliament

KUALA LUMPUR: Security measures at Parliament building were beefed up on Monday after the scuffle last Thursday.

Police and security officers were seen outside the main gate of the road leading to Parliament building. All drivers had to either show their tags or inform security of their intentions in coming to Parliament before they were allowed to drive in.

Except for Members of Parliament (MPs) and Parliament staff, all drivers -- whether they were civil servants, members of the media, contract workers or visitors -- had to surrender their working tags or identity cards in exchange for Parliament tags right after they entered the main gate.

Previously, they only had to surrender their tags or identity cards when they entered the building.

Chief administrator Datuk Kamaruddin Mohamd Baria said this would be an interim measure pending a decision by Dewan Rakyat after an investigation committee set up last Thursday had completed its findings.

The eight-men committee was set up after DAP national chairman Karpal Singh told the House that he had been blocked by a group comprising members of Umno Youth at the entrance. A scuffle had ensued.

The committee, led by Dewan Rakyat speaker Tan Sri Pandikar Amin Mulia, comprises his deputy Datuk Ronald Kiandee, and MPs such as Datuk Seri Tiong King Sing (BN-Bintulu), Nancy Shukri (BN-Batang Sadong), Datuk Seri Dr Fong Chan Onn (BN-Alor Gajah), R. Sivarasa (PKR-Subang), Lim Kit Siang (DAP-Ipoh Timur) and Datuk Kamaruddin Jaffar (PAS-Tumpat).

It would conduct its probe in chambers, then report back to the House with its recommendation for a decision to be made in the House.

Other new security measures may be imposed later, depending on the recommendation and decision of Dewan Rakyat, Kamaruddin said.

Karpal was however far from impressed with the heightened security measures and suggested that when it comes to guests, only those invited by an MP should be allowed in.

“Whoever comes to Parliament must be sponsored by an MP, and the MP must be held responsible for whoever comes in here,” he said at the Parliament lobby.

Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz also proposed that the invitation system, which was once practised in Parliament, be implemented again.

“Perhaps one MP can be allowed to extend 10 invitations,” he said.

He added that the beefed-up security at Parliament was a decision made by the Speaker, and hoped that the measures would be made permanent.

Deputy Dewan Rakyat Speaker Datuk Wan Junaidi Tuanku Jaafar said security at Parliament were too loose compared with to those in other countries such as Australia, Bangladesh and India.

News by The Star Online...

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