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Thursday, March 5, 2009

Gay activists march in US ahead of showdown

 
Same-sex marriage advocates are pinning their hopes on California’s highest court as it prepares to hear arguments on a trio of lawsuits seeking to overturn the state’s voter-approved ban on gay unions.

Today’s three-hour hearing was expected to draw an audience much larger than the California Supreme Court’s courtroom can accommodate. Gay rights groups rented out a nearby auditorium and a big screen television for the outdoor plaza where a group of clergy scheduled a pre-argument prayer service.

“It’s important to show the Supreme Court justices history is on our side,” said Paul Sousa, 22, of Boston, who flew to San Francisco on Wednesday and planned to camp out by the courthouse overnight to be closer to the action. “Courts often can be a couple steps ahead of the curve on civil rights issues. We just have to help them get there.”

The ballot initiative, which passed with 52 per cent of the vote in November, changed the California Constitution to trump last year’s 4-3 Supreme Court decision that held that denying same-sex couples the right to wed was an unconstitutional civil rights violation.

Last night, several thousand people marched from San Francisco’s pro-gay Castro District to City Hall both to demonstrate public support for invalidating Proposition 8 and as an outlet for their anxiety. The Supreme Court’s seven justices have 90 days after the oral arguments in which to issue a ruling.

“This is really about what the rest of the world sees - the rest of the world seeing there are huge numbers of people this issue touches,” said Cherie Tony, 52, of San Francisco, who was among the crowd carrying candles and chanting “What do we want? Equal rights! When we do we want it? Now!”

Similar vigils were held in Los Angeles, other California cities, and as far away as New York. At the Los Angeles event, gay and lesbian couples decked out in wedding finery participated in a public “recommitment” ceremony.

Todd Barrett said he and his partner Joe Witmore, who were married during the 4 1/2-month window last year when same-sex couples could wed in California, brought their 5-year-old daughter to show that Proposition 8’s passage affected families.

“I don’t know how I would explain to her that Daddy and Pappa aren’t married anymore,” Barrett said.

The coalition of religious and conservative groups that sponsored the ballot initiative organised a statewide day of prayer five days ago to rally support for upholding the measure and encouraged supporters to peacefully join same-sex marriage advocates outside the Supreme Court today.

“Our only purpose is to remind the media, Californians and Americans everywhere that support for traditional marriage is the majority position in the state,” Ron Prentice, chairman of the ProtectMarriage coalition, said in a statement. “We won the Prop 8 election. The constitution has been amended. The will of the people should now prevail.”

Gay rights groups, couples and more than a dozen local governments are urging the court to overturn the measure on the grounds that it was put before voters improperly, or at least prematurely. Under state law, the Legislature must approve significant constitutional changes before they can go on the ballot.

Attorney General Jerry Brown has taken the unusual step of refusing to defend the gay marriage ban in court. His office argues that because the court has already recognised marriage as a fundamental right and gays as a minority group deserving of judicial protection, outlawing same-sex marriage is a constitutional breach.

Both Brown and the parties behind the lawsuits also claim that the ballot measure abrogates the court’s role as the ultimate guardian of civil rights and if allowed to stand would leave other groups vulnerable to having their liberties curtailed.

The Supreme Court has asked the attorney general and lawyers for the couples, local governments and Proposition 8’s sponsors to limit their arguments to three specific questions:

- Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

- Does Proposition 8 violate the separation of powers doctrine under the California Constitution?

- If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

Proposition 8’s sponsors are being represented in court by former Pepperdine law school dean Kenneth Starr, who investigated President Bill Clinton during the Monica Lewinsky scandal. He argues that the ballot initiative was approved correctly and that it would be a miscarriage of justice for the court to overturn the results of a fair election. — AP

Altantuya allegations flare up again for Najib

 
For Datuk Seri Najib Razak, his alleged links with the Altantuya Shaariibuu murder trial just will not go away.

Today, influential blogger Raja Petra Kamarudin put up on his website a police cautioned statement from Sirul Azhar Umar, who is a co-accused in the murder trial of the Mongolian woman, detailing how he and co-accused Azilah Hadri were expecting to be paid between RM50,000 and RM100,000 to “settle” the matter.

On the same day, French newspaper Liberation also published a story detailing grisly details of how Altantuya was allegedly killed.

According to the “cautioned statement” published by Raja Petra, Sirul claims Azilah told him of a payment of between RM50,000 and RM100,000.

But it is the article in the French newspaper which is particularly damaging to Najib’s image, and which will not be welcome as he prepares to take over the leadership of Umno and become Malaysia’s sixth prime minister at the end of the month.

The article in the Liberation details how Altantuya allegedly begged for her life before she was shot.

According to Liberation, Altantuya was allegedly shot on the left side of her face, and a second time when her assailants noticed her hand was still moving.

The newspaper says it obtained the information from a “cautioned statement” which had been leaked to its writer.

Altantuya was eventually stripped of her clothes, and explosives were placed on different parts of her body. Her assailants then allegedly set off the explosives.

But these were not the parts of the article which were particularly damaging to Najib.

The newspaper claims that Najib had indeed met with Altantuya, who was the mistress of Abdul Razak Baginda, his close aide and associate, in Paris in 2005.

A photograph was allegedly taken showing the three in a Paris nightclub, the Liberation said without providing any evidence.

The Liberation also suggested that Abdul Razak had been Najib’s intermediary for arms purchases.

In October 2006, the newspaper claims that Altantuya was informed that the commission paid by Armaris, a Spanish company involved in Malaysia’s acquisition of three submarines for one billion euros (RM4.7 billion), had been deposited in a bank account in Malaysia.

The commission of 114 million euros was allegedly paid into the account of Perimekar, a company Razak controlled.

Altantuya then allegedly flew to Kuala Lumpur to demand her share of the commission, which was to have been US$500,000.

The Liberation provided no documentary evidence of the sensational details.

But the resurfacing of these links with the Altantuya murder appears designed to embarrass Najib.

Najib has consistently denied any involvement in the murder and has also said he had never met the woman.

But the issue just will not go away, and has been used by rivals to damage his credibility and has proven to be a significant liability for the ruling Barisan Nasional government.

The Shah Alam High Court is set to deliver its verdict on Azilah and Sirul on April 9.

-MalaysiaInsider

Wednesday, March 4, 2009

Batang Ai joins two Bukits on April 7 vote

 
Nomination for the Batang Ai, Sarawak, has been set for March 29, with polling on April 7, concurrently with both key days for the two other by-elections in Bukit Gantang, Perak, and Bukit Selambau, Kedah.

The Election Commission (EC) has expressed confidence that it can handle three by-elections simultaneously.

The latest by-election was prompted by the death of assemblyman Datuk Dublin Unting Ingkot on Feb 24 after suffering a stroke several months earlier. Unting, 55, was the Parti Rakyat Sarawak (PRS) vice-president and state sports and agriculture assistant minister.

The Bukit Gantang parliamentary by-election in Perak is necessitated by the death of Roslan Shaharum of Pas on Feb 9 because of a heart attack while that for the state seat of Bukit Selambau in Kedah because its assemblyman V. Arumugam of Parti Keadilan Rakyat resigned on Feb 8.

Nizar maintains ‘tree assembly’ is valid

 
As far as Datuk Seri Nizar Jamaluddin is concerned, he has been reaffirmed as the legitimate mentri besar of Perak, and he will go ahead with his plan to seek an audience with Sultan Azlan to seek a dissolution of the state assembly.

He told The Malaysian Insider late last night that the vote of confidence in his administration given by an emergency sitting of the state legislature was valid, despite Umno legal advisor Datuk Hafarizam Hassan’s insistence earlier in the day that the meeting under a tree was illegal.

The order obtained by Umno lawyers from the Ipoh High Court yesterday restraining Perak Speaker V Sivakumar from holding assemblies without the Sultan’s consent will be served on him today, and it will then become clearer what transpired in court yesterday.

Yesterday, Umno’s lawyers obtained the order in chambers, without the presence of Sivakumar’s lawyers who were removed earlier by the judge who ruled that only the state legal advisor could represent the Speaker, even though legal experts contend that the Speaker is not constitutionally a public official.

For now, Pakatan Rakyat (PR) leaders are defiant and appear unwilling to accept yesterday’s court ruling.

“Yes, it is still valid,” Nizar told The Malaysian Insider when asked about the morning’s sitting.

“No court in the land can challenge the Speaker,” he declared defiantly.

After being refused entry into the state assembly building by police acting on the instructions of the state secretary, Pakatan Rakyat lawmakers proceeded to gather under a shade of a nearby tree where Sivakumar convened what he contends was a legitimate sitting of the state assembly.

The 20 minute sitting saw three votes passed – to reaffirmed that Nizar remained MB; to ask Nizar to seek a dissolution of the assembly; and to endorse the suspension of de facto mentri besar Datuk Dr Zambry Abdul Kadir and his executive council from the assembly.

Nizar said last night he would still request an audience with Sultan Azlan Shah to ask his consent to dissolve the assembly and that the police reports by PR representatives against the Ipoh OCPD and the state secretary for obstructing the electoral process would be pursued.

DAP leaders also echoed his sentiment, and claimed they would continue to pursue “the rule of law” despite the “repugnant” events of the day.

Its Perak chief Datuk Ngeh Koo Ham listed a seemingly unending list of violations when speaking to The Malaysian Insider.

The laundry list included the police taking instructions from the state secretary instead of the speaker regarding matters of the assembly, but Ngeh reserved the main focus of his contempt for Judicial Commissioner Ridwan Ibrahim’s rulings yesterday.

He said that a court could only grant an interim relief pending the outcome of a case, and not an indefinite order.

Furthermore, natural justice was not being observed by allowing the state legal advisor, who insists he is Zambry’s lawyer in a separate case, to also represent Sivakumar who is a respondent to Zambry’s suit.

“The legal advisor should himself not accept (the situation),” Ngeh said, adding that the ruling denied Sivakumar the proper access to the right of representation in court.

“He can cite the judge for contempt of the assembly,” said Ngeh, who was senior state executive councillor in Nizar’s government.

Both Ngeh and Nizar hold that the court’s ruling can be quashed in an ex-parte injunction.

Thomas Su, another of Nizar’s executive council members, also feels the ruling must be challenged or PR will be seen to be tacitly accepting the “repugnant ruling against the doctrine of separation of powers.”

“The court has made a repugnant ruling,” the lawyer said, adding that a more drastic option would be to go to the Court of Appeals.

Clearly, PR is in no doubt that BN has strong-armed the institutions onto its side and has set a dangerous precedent.

“BN has shown it has no regard for the rule of law,” said Ngeh.

“Now no legislative assembly is safe,” Su summed up.

Certainly, yesterday’s outdoors assembly was safe neither from the elements nor legal dispute.

But as evidenced by members of the public posing to take pictures with the tree after witnessing the unusual assembly, the tree may very well become a symbol of democracy for PR supporters.

-MalaysiaInsider

Tuesday, March 3, 2009

Under a tree, assembly votes for fresh polls

 
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 assembkymen 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.”

-Malaysia Insider

Monday, March 2, 2009

Perak’s political drama heightens

 

THE political drama in Perak, which has escalated from one height to another, is set to spike tomorrow with an emergency state assembly sitting to vote on two motions related to the state's constitutional crisis.

However, even if the emergency sitting is successful, it would not immediately solve the impasse. It would, in fact, be the latest in a series of planned steps by the Pakatan Rakyat (PR) to turn the matter back to Perak's ruler, Sultan Azlan Shah, in the hopes of forcing a snap poll.

The two motions expected at the emergency sitting are to reaffirm support for the PR's Datuk Seri Mohammad Nizar Jamaluddin as Perak menteri besar, and to seek dissolution of the state assembly.

Speaker V Sivakumar, the DAP assemblyperson for Tronoh, invoked Standing Orders to call for the emergency sitting. As the all-powerful speaker of the state assembly, he is the PR's trump card in the state's political impasse despite the Barisan Nasional (BN) having taken over the state government.

Sivakumar has already flexed his muscles by suspending the BN's Menteri Besar Datuk Zambry Abdul Kadir and his six executive councillors. They will not be allowed to enter the assembly for the emergency sitting. Neither will the three independents who left the PR to support the BN be allowed into the state assembly, as Sivakumar deems their resignations from their state seats effective.

With 10 representatives on the BN's side out, the numbers in the 59-seat state assembly would be in the PR's favour at 27 to 21. The PR's 28th seat is Sivakumar's, who, as speaker, cannot vote.


Zambry with his executive councillors and special advisers

Back to the palace

Barring any attempts of forced entry by Zambry and the BN excos into the state assembly house, and any potential ruckus or situation that may thwart the emergency sitting, Nizar will quite easily be given the vote of confidence as MB.

Following that, two scenarios could take place.

One, Nizar could quickly seek an audience with Sultan Azlan to request the dissolution of the assembly.

Two, the impasse would continue because Zambry and the BN would certainly not take affirmation of Nizar as the legitimate MB sitting down.

Nizar may opt not to hurry to the palace seeking the assembly's dissolution, but be content to let the deadlock and the uncertainty drag on until the assembly's next sitting, which must be called by May.

The limbo could be intentional to force Sultan Azlan to call both Zambry and Nizar for an audience to decide a way out of the situation.

"Under the present circumstances, the ruler could call both parties to the dispute, he could consult both menteris besar and ask them if they feel fresh elections would be the best way out," says Mohamed Asri Othman, the Perak Parti Keadilan Rakyat (PKR) legal adviser.

"The sultan cannot decide alone; he must take into account relevant factors through listening to both sides," Asri adds.

Appealing to the sultan's discretion

It appears that the latest situation is being engineered by the PR, which has the upper hand in the house through the speaker. The intention would be to appeal to the sultan's personal discretionary powers that he has under Article 18, Clause 2 of the Perak Constitution.

Such discretion is applicable to two functions, namely, the appointment of a menteri besar, and the withholding of consent to a request for the dissolution of the state legislative assembly.

According to the clause, the sultan's personal discretion is allowed when deciding whether to dissolve the assembly upon request by the menteri besar.

This is consistent with Article 16(6) of the state constitution, whereby the MB can request the ruler to dissolve the assembly. This is what Nizar tried to do earlier, but failed.

There is another provision that touches on dissolution as well: Article 36(2) which simply states, "His royal highness may prorogue or dissolve the legislative assembly".

Although Article 36(2) does not specify any conditions (such as a request by the MB) for the dissolution, it is still deemed by some legal experts to be discretionary power subject to Clause 2.

"'Dissolve' as stated in 36(2) is discretionary according to the wording of Clause 2, where consenting to dissolution is based on request," says Universiti Teknologi Mara's constitutional law expert Professor Dr Shad Saleem Faruqi.

"As a general rule, the sultan acts on advice except for areas where discretionary power is mentioned, such as under Clause 2, where a request for dissolution must be made," he explains.

Says Mohamed Asri: "As a constitutional monarch, he has to act on the advice of the menteri besar. If the ruler decides unilaterally, then he would be an absolute monarch."

Based on their explanations, this means the ruler can still only decide whether or not to dissolve the assembly, upon on the request for dissolution from the menteri besar. It does not mean he can decide on his own, independent of any request, to dissolve the assembly.


Nizar In this context, if Nizar succeeds in being affirmed as MB in the emergency sitting tomorrow, he would have legitimate grounds to seek an audience with the sultan.

Professor Dr Abdul Aziz Bari of the International Islamic University says the sultan's role is as a facilitator of democracy.

"The sultan, as protector of the constitution, [has] to facilitate democracy and not otherwise. He needs a government that has a clear mandate, so in dissolving the assembly, he would be assisting democracy to establish that clear mandate," says the law lecturer.

Obstacle course

There are kinks in PR's plan, though, and that is the suit Nizar has filed against Zambry to declare himself as the legitimate MB.

It's not inconceivable to think that the sultan might prefer to wait for the court's decision before deciding to grant either side, or both, an audience to discuss the assembly's dissolution, or the next course of action.

The BN, too, is planning a counterstrike by seeking the opinion of a Queen's Counsel in London on the validity of Zambry's and the excos' suspensions, and Nizar's suit against Zambry.

As inevitable as snap polls look, the road to elections is still littered with many mines that the PR must dodge.

-http://thenutgraph.com

Perak exco accuses Speaker of abuse of power, files complaint

 

Perak executive councillor Mohd Zahir Abdul Khalid has referred state assembly Speaker V Sivakumar to the Rights and Privileges Committee.

A notice was served to Sivakumar’s political secretary this morning, accusing the Speaker of abusing his power to commit contempt by showing disloyalty to the Perak Sultan under Article 47 of the state constitution.

Zahir, who is also Kamunting MP, told reporters his complaint centred around Sivakumar’s decision to suspend BN Menteri Besar Zambry Kadir and six executive councillors, including himself on Feb 18.

Trying to block Tuesday’s sitting

Sivakumar has called for an emergency sitting of the state assembly on Tuesday to vote on two motions. One is a vote of confidence in PAS leader Nizar Jamaluddin as Menteri Besar and the other is to call for a dissolution of the state assembly.

Umno-BN is trying all ways and means to fend off this development, which could see the reinstatement of the Pakatan state government.

PAS vice-president Husam Musa has said Umno-BN would do better to seek a dissolution of the assembly rather than resort to cheating to cling to power.

Deputy Premier Najib Abdul Razak, the incoming Umno president, and his party should not fear fresh state-wide polls even if they were not confident of winning, he sadded.

Stressing that there were three options open to Umno, Husam said: “The first is to dissolve the assembly, the second is to detain Pakatan Rakyat leaders involved under the Internal Security Act and the third is to place Perak under a National Operations Council.

“However, I think if Pakatan leaders are detained under the ISA, their profile would be even higher and if the state is placed under a National Operations Council, the government’s image would be tarnished. Dissolution is the only option.”

-SuaraKeadilan

Sunday, March 1, 2009

Nik Aziz says ‘bumiputera’ term is racist

 
In extraordinary remarks today, Pas spiritual leader Datuk Nik Aziz Nik Mat said the use of the term “bumiputera” smacks of racism and deprived other races of government aid.

His comments, made in Kota Baru today, will certainly spark debate, especially since it comes from a Malay leader who is widely respected even by his foes in Barisan Nasional and Umno.

In calling the term bumiputera racist, he appears to be drawing a clear line between his Pas party and the Pakatan Rakyat (PR) from that of Umno, which has been championing the special rights of Malays.

Nik Aziz’s remarks was made in response over growing criticism from the conservative spine of Umno against comments made by DAP’s Dr Boo Cheng Hau, the opposition leader in Johor.

Dr Boo was reported to have compared “bumiputeraism” with apartheid.

Umno leaders have demanded an apology from Boo, and say his comments were a challenge to Malay rights and the constitution.

Umno’s Utusan Malaysia also described Boo’s remarks as a part of DAP’s agenda to form a republic.

But Nik Aziz was reported by Bernama as saying today that not only did the term smack of racism but deprived other races sharing similar rights and having the same identity cards of government assistance.

“In an election, other races are allowed to cast one vote, so are the bumiputera," he said.

Nik Abdul Aziz said the government should form a body to manage aid for the poor in the country and not cater only for a single group known as the bumiputera.

“I don’t like the (use of the) word bumiputera. What I like is (use of the word) poor, for all races,” he added.

He said the poor, regardless of their race, should be given assistance.

His statement appears to be also in line with Anwar Ibrahim’s concept of “Ketuanan Rakyat,” or supremacy of the people, which has been used to diffentiate PR parties from Umno’s “Ketuanan Melayu,” or Malay supremacy.

-TheMalaysiaInsider

Showdown Perak - follow the rule of law !

 

Civil society groups have called for transparency and rule of law to prevail in Perak, as lawmakers there gear up for what could be a key turning point in the political deadlock that has crippled the state for nearly a month now.

In particular, Transparency International has warned of the hardening and harmful perception amongst Malaysians that the Umno-Barisan Nasional was using the federal apparatus unfairly to hang onto power both in the state and in rest of the nation.

“This episode has washed up a lot of dirt and the debris that we are seeing is the result of democratic processes not being allowed to find expression at the ballot box and elsewhere,” said Ramon Navaratnam, president of Transparency International Malaysia.

“Increasingly, it has become apparent that the federal apparatus is being abused to further the position of the politicians of the day. But this is a very dangerous precedent and bears a very heavy cost - not least to the image of country at the international level but also at home.

“To the extent that the rakyat perceive that their rights to freedom of expression and democratic practices have been dented, that will be the extent to which they will find recourse in the law courts - and if even that institution fails - to the streets in the form of protests and demonstrations.”

More cheating to follow

Perak legislative Speaker V Sivakumar has called for an emergency sitting of the state assembly on Tuesday to file a motion of confidence in Pakatan Rakyat leader Nizar Jamaluddin as Menteri Besar and also to dissolve the state assembly.

The move is aimed at paving the way for fresh state-wide polls, which would return the mandate to the Perak people to vote in the government and leadership of their choice.

But given the intense rivalry from Umno-BN, the plan may be sabotaged by the far-reaching arm of Deputy Premier Najib Abdul Razak - who is also incoming Umno president.

Dogged by a string losses at recent by-elections, Najib will fight hard to escape the embarrassment of a probable large-scale defeat as he ascends to power next month. Already, the Perak legal adviser has tried to block Sivakumar from sending out notices of the Mar 3 sitting to all eligible assemblymen.

“It behoves all parties to follow the advice of Raja Nazrin Shah to follow the rule of law,” said Ramon. “The situation in Perak has reached a stage where all parties - even the Palace - must display the utmost transparency and neutrality in their actions.

“Just pronouncing precepts is not enough, there must be follow-through and one must practice what one preaches. Only then can one regain the respect and confidence of the rakyat.”

Crunch time - are we a democracy or what?

Raja Nazrin, the regent of Perak, a day ago called for regard for the law and respect for lawful institutions.

“A lawless system breeds a lawless culture, which in turn suggests lawless governance and lawless government,” he said at a conference for youths.

Perak is in a state of crisis - both politically and constitutionally. The stalemate will start to seriously harm its economy if steps are not taken to resolve the situation brought about by the Sultan’s decision to transfer power from the Pakatan to an unpopular line-up backed by Najib.

The Feb 5 decision was lambasted by the Pakatan, which has taken their battle to the courts and launched a barrage of legal action against Najib’s line-up. It was also condemned by nearly all civil society groups in the country including the Human Rights Commission (Suhakam), Transparency International, the Bar Council and scores of others.

But most importantly, Sultan Azlan Shah’s decision was against the wishes of his own subjects - the Perak people. And till today, they have not accepted BN Menteri Besar Zambry Kadir as their new leader.

74 percent of Perakians said in a recent Merdeka Centre survey that they wanted fresh polls rather than the Sultan’s choice - no matter how wise - forced upon them. 62 percent of them felt that their democratic rights had been trampled on by their Ruler.

“It has come to boil - and the question that must be answered now is - are we a democracy?,” said Ramon.

“If we are, then the rights and wishes of the people must be respected above all else. This is what a democracy is about - if they are not, then we are not a democracy. Full stop, it is as basic as that.”

-SuaraKeadilan

Friday, February 27, 2009

Pas calls for a unity government

 
In another sign that Pas has yet to abandon the idea of forging a closer relationship with Umno, the Islamist party's president Datuk Seri Hadi Awang has called for the formation of a national unity government in view of the current political turmoil.

In an interview with The Malaysian Insider, the Marang MP said Barisan Nasional could not on its own bring the country out of the economic crisis.

Hadi was also certain that the party would not suffer the same fate as in 1970s when it was expelled from BN and lost its control over Kelantan.

Last year, the party was split between the conservative faction which favours cooperation with Umno through what it calls muzakarah (dialogue) and another which prefers to strengthen the then newly formed alliance Pakatan Rakyat.

“We need to look common ground in uniting political parties in carrying out responsibilities, it’s not that we cannot disagree, but we want this common ground to be given priority, before we spend our time on issues that we disagree on,” said Hadi.

He added that he was inspired by the efforts taken by former Indonesian president BJ Habibie who united and reformed the country after the end of Suharto’s era.

“Most importantly, the people must be united. It has to take precedence over party interest. Let us sacrifice some of our rights sincerely for the sake of saving our country,” said Hadi.

“I wish to suggest to the outgoing Prime Minister to make some changes, to at least complete his agenda in reforming the judiciary, eradicating corruption and I believe Barisan Nasional cannot do it alone.

"To do it fairly it must involve all parties, in times of crisis it is important for all of to carry out our duties collectively,” said Hadi.

He confirmed that while the matter has been discussed internally it has yet to be brought to the Pakatan Rakyat leadership council of which Hadi is a member.

“This is a very big thing. Even at party level, we have yet to discuss in detail but I could see that many agreed with me in principle, but the execution will not be easy.

"It takes time, the right attitude, and openness from all parties and a sense of responsibility,” said Hadi.

“We have discussed many options in restoring the nation’s political stability. Pas is very experienced. We have joined a coalition government and Pas was also part of Barisan Nasional and we have to enrich our experience, by taking the responsibility of solving our country’s problems,” he added.

He also said that the party has yet to contact any BN leader on his idea.

Hadi added that the idea of forging political cooperation must be seen in a wider context.

“In handling national issues, we are allowed to tahaluf (forming alliance) with any party. Tahaluf not only in the context of opposition parties but in the context of governing the nation, and without us joining BN or BN joining us,” he said.

“I have floated this idea in Selangor at a victory celebration after the general election at Melawati Stadium, but at the time BN wanted to defend their position and Pakatan Rakyat wanted to bring about change its own way,” he added.

Hadi said that with the current economic crisis and political turmoil the time is right for a unity government.

-Malaysia Insider

Pakatan not averse to unity govt if Pak Lah stays on as PM

 

A call by the Islamic-based PAS for the formation of a unity government to put aside unnecessary negative politicking and focus national resources and attention on weathering the economic crisis has the full backing of the Pakatan Rakyat.

However, there is one all-important condition.

“Broadly speaking, Pakatan is agreeable with the idea and principle of a unity government given the uncharted economic uncertainty facing the nation,” said KeADILan information chief Tian Chua.

“But we are agreeable only, and only if the unity government is under Prime Minister Abdullah Ahmad Badawi. You can see for yourself, it is becoming quite clear, the people are uncomfortable with Najib, and we have to abide by their wishes.”

Put aside differences until next general election?

PAS president Abdul Hadi Awang had said that Barisan Nasional could not on its own pull Malaysia out from the economic crisis.

“To do it fairly it must involve all parties, in times of crisis it is important for all of to carry out our duties collectively,” Hadi was quoted as saying by the Malaysian Insider.

“I wish to suggest to the outgoing Prime Minister to make some changes, to at least complete his agenda in reforming the judiciary, eradicating corruption and I believe Barisan Nasional cannot do it alone.”

Abdullah is due to step down in favour of his deputy Najib Abdul Razak, who is also Finance Minister, on March 31.

The 55-year old Najib is the scion of one of the best-known political families in the country. Despite his distinguished lineage, he himself has been plagued by scandal throughout his 33-year political career.

Lacks the confidence of the people

Although the Umno-led Barisan Nasional no longer commands its long-held two-thirds majority in Parliament, it still has sufficient mandate to push through many programmes. However, it does not enjoy the confidence of the people and has been losing every by-election to the Pakatan since the March 2008 national polls.

The problem lies with the growing unpopularity and public distrust for Najib, who angered many Malaysians earlier this month with a questionable power grab in Perak state, leading to an outbreak of open and intensifying hostilities between the Pakatan and Umno-BN.

When news surfaced early last month that not a single initiative from a RM7 billion economic stimulus plan unveiled on Nov 4 had been implemented yet, public disquiet grew. Only then were steps hurriedly taken to push out RM5 billion in projects disbursements.

Disclosures from Najib’s own cabinet colleagues that chunks of the stimulus package were also to fund special projects in states holding by-elections further fuelled public distaste for his methods - reminiscent of those employed by his mentor, ex-premier Mahathir Mohamad and former economic adviser Daim Zainuddin.

Guilty or not, calls have been growing from the public as well as from civil society for Abdullah to stay on and keep an eye on the economy and the national coffers, as the government prepares to spend unprecedented billions to mitigate what will clearly be the worst-ever economic crisis.

-Suara Keadilan

UPDATE3 Malaysia hikes toll rates by as much as 33% on five major highways

 

Malaysia will hike toll rates by as much as 33 percent on five of its major highways this Sunday, in a move that is likely to be sharply condemned by consumer groups and commuters.

Works Minister Mohd Zin Mohamed said the government paid RM245 million in compensation to concessionaires to waive the toll hike for last year.

“The increase should not be seen as burdening the people because the quality of the highways will be ensured,” he said in an attempt to deflect the wave of criticism.

Nevertheless, the steep rises are unlikely to sit well with Malaysians, who have become increasingly unhappy with the way the government has been negotiating multi-billion ringgit privatisation deals that favoured corporate bigwigs rather than the man in the street.

“I am appalled by the move. It negates all the fuel price reductions and comes at a time when the people are only starting to feel the economic pain …

“It will be a huge burden to commuters and to businesses as well because transportation costs will rise. We cannot discount a cost-transfer and knock-on negative effect to the rest of the economy …

--SuaraKeadilan

Umno Youth Press Karpal For Apology

 
A group of 15 Selangor Umno Youth members on Thursday stopped DAP chairman Karpal Singh from entering Parliament House here and demanded an apology from the Bukit Gelugor Member of Parliament (MP) for alleging that Umno Youth had sent live bullets to him.

The incident occurred at about 2.30pm and caused tension for 15 minutes when the Umno Youth members and several DAP MPs including Karpal Singh's son, Gobind Singh Deo, who is also the MP for Puchong, challenged each other.

The Umno Youth group, led by Serdang Umno Youth head Ungku Mat Salleh and Petaling Jaya Utara Umno Youth head, Latt Shahrizan Abdullah, also demanded an apology from Karpal Singh for uttering the words "Pemuda Umno Celaka" (Damned Umno Youth) during the debate at the Dewan Rakyat yesterday.

The situation was pacified by BN Backbenchers Club (BNBBC) chairman Datuk Seri Tiong King Sing who asked the group to disperse, and Karpal Singh later entered the Parliament House via the tower block.

Tiong (BN-Bintulu) later told reporters that he regretted the incident that took place at the grounds of Parliament House and hoped that security around the Parliament building would be tightened.

"Regardless whether whether we are from the Barisan Nasional (BN) or opposition, we must respect the existing constitution, don't make any provocation that could arouse the sentiments of others," he said.

At the same time in the Dewan Rakyat, while Datuk Tajuddin Abdul Rahman (BN-Pasir Salak) was debating the motion of thanks on the speech by the Yang di-Pertuan Agong, Karpal Singh had sought for permission to seek a ruling from the Dewan Rakyat Speaker, Tan Sri Pandikar Amin Mulia, on the police who had not provided protection to him when he was obstructed.

"I want a ruling whether the police were carrying out their job to provide assistance to me. This is unacceptable. What protection you, as a Speaker, will give us, we expect protection from you," he said.

Pandikar Amin said he would meet with Home Minister Datuk Seri Syed Hamid Albar and ask the police to investigate the matter.

"I will give a very clear ruling. If it occurs within the grounds of the Parliament House, such a thing has never occurred here.

"I don't allow such things to happen in Parliament like celebrating birthdays because the interest of everyone, especially security must be preserved, this is what I have stressed right from the start," he said.

Pandikar Amin's reply drew a firm response from Karpal Singh who wanted an investigation to be carried out there and then as he claimed the group was still loitering within the grounds of Parliament House.

Pandikar Amin then ordered the Parliament security personnel to maintain security and check the claim by Karpal Singh.

Meanwhile, Karpal Singh, together with Opposition Leader Datuk Seri Anwar Ibrahim and Ipoh Timur MP Lim Kit Siang, were seen meeting Pandikar Amin in the Dewan Rakyat Speaker's office.

Karpal, when met later, said they had demanded Pandikar to take legal action against the group who had caused the commotion.

He said that Section 9E, Houses of Parliament (Privileges and Powers) Act 1952 provided for "assaulting, obstructing or insulting any member coming to or going from the House or on account of his conduct in the house or endeavouring to compel any member by force, insult, or menace to declare himself in favour of or against any proposition or matter pending or expected to be brought before the house".

He also asked the Speaker to make the ruling at today's session.

-- BERNAMA

Batang Ai, but for whom?

 
Fate has not intervened in the destiny of Malaysian politics for a while until now. The last time it did, we lost several national leaders in the 1970s, bringing forth Tun Hussein Onn and later Tun Dr Mahathir Mohamad.

Since Election 2008 that ended Barisan Nasional's traditional two-thirds parliamentary majority, there have been two parliamentary by-elections and there are a few more by-elections coming due to either deaths or resignations.

At this point in time, it’s the two hills — the Bukit Gantang parliamentary seat and Bukit Selambau state seat in the peninsula — while one batang — the Batang Ai state seat in Sarawak — are up for grabs. The fate of the Bukit Lanjan state seat very much depends on its Pakatan Rakyat representative Elizabeth Wong Keat Ping's political destiny.

Either way, it is a second chance both political coalitions have been looking for since March 2008 although the chaotic constitutional stalemate in Perak now is slowly and possibly developing into emergency rule if a political solution is not found.

Pakatan itself is setting its sights on capturing Sarawak in the next state election due in 2011 but the Sarawak BN under the firm hand of long-serving Chief Minister Tan Sri Abdul Taib Mahmud is equally as confident, boosted by the ruling coalition's takeover of Perak.

It is still unclear which side will prevail at the next state election as Sarawak is still largely rural based and immune from the extreme politicking in Peninsular Malaysia.

The phenomenon of digital democracy is not widespread in Sarawak. Therefore Pakatan does not have the powerful weapon of the Internet to win over enough voters to take power. But they do have thousands of Sarawakians who have left Sarawak to find work in the peninsula to help spread their anti-BN message back to their families.

In my opinion, the problem for the ruling coalition in Sarawak is not the component parties but more of the leader who has overstayed, not unlike the situation former Prime Minister Tun Dr Mahathir Mohamed faced before 2003.

Taib has two remarkable achievements. He has been chief minister for 28 years and a MP for 38 years, records that are unlikely to be broken in Malaysian political history although Tengku Razaleigh Hamzah is coming close at 35 years in Parliament.

He has done a lot for the people of Sarawak throughout his long service. But his greatness is also his biggest drawback and he has become Sarawak BN's greatest liability, just like Dr Mahathir was to BN before.

He holds the fate of Sarawak BN in his hands. If he can demonstrate significant rejuvenating changes in the party leadership and engineer a smooth transition plan to an acceptable younger person, I believe Sarawak BN will continue to gain the trust of Sarawakians.

The voters of Sarawak are holding their breath waiting for Taib's next move since the March 2008 elections. But it’s been business as usual for the old warrior.

However, the gods, depending on your beliefs and no disrespect meant, intervened last Monday and took the life of BN's Batang Ai assemblyman Datuk Dublin Unting to trigger a by-election.

Maybe the supreme beings are anxious to find out what Sarawak voters are thinking now too and can't wait to see the outcome as much have been debated about the Malaysia's largest state and its next elections.

In that sense, the Batang Ai constituency is homogeneously Dayak and should provide a good test of support for the contesting parties.

Pakatan will be eager to peddle their promise to the Dayaks to turn their collective customary land into freehold individual titles, a wish long denied by the state constitution.

This strategy may succeed in Batang Ai considering the smaller majority of 806 votes that the BN obtained in the 2006 state elections.

But it is still unclear whether the voters there would be enticed by the promises of freedom and land ownership or they would vote for practical reasons.

In the end, the voters of Batang Ai, which is near the Kalimantan border, may not be swayed by Dayak nationalism or be influenced by politics of hate.

They would probably be more interested in development and improving their standard of living. There's no point owning land in a remote area without infrastructure like roads, electricity and water to serve it.

Still, it may be a tough election campaign but Batang Ai is not an indicator of the outcome of the next state election. One swallow does not a summer make and Pakatan's strategy of bestowing land titles to buy Dayak votes or bring anti-BN politics could backfire.

Yet, a BN win in Batang Ai would not necessarily mean victory in the next state polls if Taib does not make the ultimate sacrifice and remove him and his family as a target for Pakatan.

Ironically, the BN may wish that Sarawak still had Rajah Brooke to overcome another political stalemate like Perak finds itself in today if the political situation remains marginal at the next state elections.

While Batang Ai decides aye or nay to either party, Taib too will have to decide his next political move as it could lead to either more ayes or nays for BN.

An aye for an aye, on his part agreeing to quit, could well be the new politics for Malaysia.

--MalaysiaInsider

PM wants toll hike review

 
In a surprising turnaround the prime minister has called for his Cabinet to review the new toll rates announced by his government today for five major highways.

Datuk Seri Abdulah Badawi’s remarks will raise the spectre of another flip-flop by the government, and suggests the Barisan National (BN) government has one eye on the up coming by elections.

He said the Cabinet should consider other methods to defer the toll hike as the current economic conditions were “not a good time.”

Just today, Works Minister Datuk Seri Mohd Zin Mohamed announced toll rates will go up at five major highways from March 1.

The government's announcement has already drawn sharp criticism from the Pakatan Rakyat, and is not likely to be received kindly by voters bracing themselves for the full impact of a global recession.

Mohd Zin had said the government had no choice but to allow the toll hike because it was stated in the concession agreements.

Toll rates were supposed to go up last year but the government had asked concessionaires to defer the hike until this year.

With any further deferment, the government would have to pay concession holders compensation .

Opposition leader Datuk Seri Anwar Ibrahim called the hike an unreasonable burden placed on ordinary Malaysians in light of the gloomy economic outlook.

He also took potshots at the BN government for favouring businessmen.

The announcement of toll hikes follows the revelation two days ago that the government was now subsidising YTL’s Express Rail Link service to KLIA because of concession terms which appear to extend favourable terms to the train operator.

Besides the toll and ERL concessions, the federal government is also embroiled in a tussle over the mandated takeover of private water companies in Selangor whereby concession holders are demanding to raise rates or be paid high compensation.

The BN government will now have its work cut out trying to defend accusations and answer questions about the cosy deals with businessmen which were mostly made during the administration of Tun Dr Mahathir Mohamad.

From March 1 the North-South Expressway, Sprint/Kerinchi/Damansara Link Highways, Ampang Elevated Highway, Sungai Besi Highway and the New Pantai Expressway will raise their toll charges.

Users will pay five per cent more to use the North-South Expressway.

The Sprint/Kerinchi/Damansara Link, which is already choked with traffic, will charge between 30 sen and 50 sen more.

The Sungai Besi Highway will see an increase of 10 sen, while users of the Ampang Elevated Highway and the New Pantai Expressway will pay an extra 50 sen and 40 sen respectively.

“The increase was actually due in January last year but we had postponed it until now. This means the government has been paying compensation for 14 months,” the minister said today.

-MalaysiaInsider

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