Wednesday, February 18, 2009

Crisis looms: Perak MB, 6 excos suspended

Crisis looms: Perak MB, 6 excos suspended
Feb 18, 09 6:57pm
The Perak state assembly's special privileges committee today suspended the state's newly-minted menteri besar Zambry Abdul Kadir and all his six executive councillors.

MCPXThe decision was announced by Perak state assembly speaker V Sivakumar after the committee's inquiry proceeding in Ipoh this afternoon.

Zambry was slapped with an 18-month suspension while the excos have been suspended for 12 months.

The latest development plunges Perak into another crisis following BN's seizure of the state government two weeks ago.

Sivakumar, a DAP state assemblyperson, is still the Perak speaker as the BN government has yet to convene the state assembly to replace him with one of their own.

In a statement to the media, Sivakumar said the decision was reached because the seven had failed to provide an explanation for their contempt of the state assembly by declaring themselves menteri besar and excos.

"I have decided to bar Datuk Zambry with immediate effect from attending any assembly session for the next 18 months and the six exco members have also been barred for 12 months," read the four-paragraph statement.

The inquiry was convened after Wong Kah Woh (DAP-Canning) had last Thursday made an official complaint.

The numbers tilt again

By suspending seven of the BN's 28 state assemblypersons, the numbers have again tilted back to the former Pakatan Rakyat government.
Should the state assembly be reconvened now, it is almost certain that the seven suspended representatives would not be allowed into the assembly, allowing Pakatan to have an edge of 28 seats against BN's 24.

The suspension means that while BN can technically continue to rule, it cannot convene a meeting of a state assembly for fear that Pakatan would move a vote of no confidence against the government.

Should that be passed, then the assembly could be dissolved paving the way for a state-wide snap elections.

Contacted later, prominent lawyer Benjamin Dawson said the current situation is a result of the unresolved political turmoil in the state.

By convention, he said Malaysians will have to wait for the court decision on the suit filed by Pakatan Rakyat's ousted menteri besar Mohd Nizar Jamaluddin challenging Zambry's appointment.

He said unless the court rules in Nizar's favour, Zambry is presumed to be menteri besar.

"There is no question of him (Zambry) not being given access to the legislature (state legislative assembly). It is a matter of debate," he said when contacted by Malaysiakini.

"This is not a constitutional crisis but it involves the tactical aspect in politics. Nizar has sought to declare Zambry's appointment unlawful under Article 16 of the Perak constitution and there is basis."

According to Dawson, the best option to unlock the current stalemate would be to dissolve the state assembly and hold a fresh state election.

But this, he added, must have the sultan's consent.

Respect people's will and power

However, Transparency International Malaysia chairperson Ramon Navaratnam said this is "certainly a constitutional crisis" and seemed to be a plan to bring back the opposition to power.
"This is why all these irregularities and contradictory decisions underscore the importance of a democracy which is to respect the will and power of the people.
"Power comes from the people and leaders should be elected and dismissed by the people. All decisions on the constitutionality of any government should rely on the people," he told Malaysiakini.
Ramon said when the crisis started early this month, the right and proper way was to call for fresh elections.
"A full scale election should be held to show that democracy is at work. Government and legislature must be held accountable for its action. People have the sovereign right to exercise their democratic right in this scenario," he added.
MACC report filed against defectors

In a related development, the Malaysian Anti-Corruption Commission (MACC) has been urged to investigate the Perak state assembly deputy speaker and two former state executive councillors for allegedly receiving kickbacks to leave their parties.

The exit of the four had led to the collapse of the Pakatan Rakyat state government.

The MACC report was filed by the Perak Pakatan Rakyat Supporters Club chairperson Khalil Idham Lim Abdullah.

He urged the MACC to probe deputy speaker Hee Yit Fong of DAP and Jamaluddin Md Radzi and Osman Jailu both of PKR, claiming that they had received money to support BN.

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Saturday, February 14, 2009

Perak assembly to suspend Zambry?

Perak assembly to suspend Zambry?
Syed Jaymal Zahiid | Feb 14, 09 3:31pm
Zambry Abdul Kadir is now facing the possibility of being suspended from the Perak Legislative Assembly following a complaint lodged by a DAP state rep to the speaker yesterday.
MCPX
State assembly speaker V Sivakumar said today that the BN-appointed menteri besar and his excos have been summoned to face the Committee of Privileges on Wednesday.

“After studying the complaints I received from Canning state assemblyperson Wong Kah Woh, the committee in which I chair has found that there is a prima facie basis for the complaint.

“As such, the committee unanimously decided to refer all seven (Zambry and his excos) to the Committee of Privileges under the House standing order number 72,” Sivakumar told a press conference in his office today.

The speaker said the committee convened a meeting on Thursday. One member, Umno’s Hasbullah Osman, however did not attend.

“He had faxed me a letter saying that he would not be attending. Nevertheless, we have sent out letters to Zambry and six others to face the committee,” said Sivakumar.

Under standing order 72 (3), the committee has the power to summon those found to have violated House regulations and rules

Yesterday, Wong filed a complaint against Zambry accusing him and the BN of taking over the Perak government unconstitutionally.

In his complaint, Wong said he wants Zambry to explain “under which provision of the Perak Constitution do they base their right to form the state government.”

Suspension or expulsion

Given that Pakatan Rakyat has six reps in the seven-member committee, it is likely to find Zambry and company guilty.

The findings of the committee will then be tabled at the state assembly and should Pakatan manage to garner enough support to back the committee’s findings, Zambry and his excos may be punished with suspension or even expulsion.

However, Sivakumar said it is still too early to make such conclusions.

“What is most important right now is I want to inform that Zambry and six others will be referred to the committee after I found the complaint made by YB Wong to have a strong basis.

Asked if action would be taken against Zambry and the six, Sivakumar said it was not up to the committee to decide as it has to be tabled in the state assembly first.

“Only the state assembly can decide on what to do with them,” he added.

Sivakumar denied that the action taken against his rivals was a form of ‘counter-attack’.

“What is done is within the rules and regulations. I am just doing my job,” the speaker said.

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