Archive for May, 2009

Oops! mind your dress please…

In the name of LOVE

In the name of LOVE

Despite the current global economic gloom, the fight for soulmates amongst the fairer sex has never been so intense as shown in the picture above. Oops! mind your dress please….

Cheers!

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Court of Appeal rules Zambry is Perak MB

The rightful MB of Perak Datuk Dr. Zambry (courtesy of NST @ 22 Mei 2009)

The rightful MB of Perak Datuk Dr. Zambry (courtesy of NST @ 22 Mei 2009)

As I have opined in my last post on the Perak crisis, the Court of Appeal today unanimously rules that HRH the Sultan of Perak had legally and rightfully done what he did in appointing Datuk Dr. Zambry as the MB of Perak and by refusing to dissolve the Perak State Legislative Assembly when sought by Ex MB Datuk Mohd Nizar to do so as he believed then that the latter had ceased to command the confidence of the majority of the Assembly.

Below is the report published By LISA GOH and YENG AI CHUN courtesy of the STAR ONLINE late this evening:-

PUTRAJAYA: The Court of Appeal has unanimously ruled that Datuk Seri Dr Zambry Abd Kadir is the valid mentri besar of Perak.

The three-man bench, in setting aside the High Court’s decision earlier which ruled that Datuk Seri Mohd Nizar Jamaluddin was the rightful mentri besar “at all material times,” held that Nizar had ceased to command the confidence of the majority of the Perak State Legislative Assembly.

“The learned High Court judge erred in his interpretation of the relevant provisions in the Perak Constitution.

“Accordingly, the appeal is allowed,” said Justice Md Raus Shariff, who chaired the bench, which also comprised Justices Zainun Ali and Ahmad Maarop.

The court held that based on the facts of the case, Sultan of Perak Sultan Azlan Shah was right in making enquiries to satisfy himself on who held majority in the state assembly, and was right in his appointment of Zambry.

It further ruled that there was no express requirement in the Perak Constitution that there had to be a motion of no-confidence passed before it was determined that Nizar had ceased to command the confidence of the assemblymen.

“The fact that the respondent (Nizar) had ceased to command the confidence can be obtained through other means,” he said.

Justice Md Raus delivered the judgement in less than 10 minutes, and said that the written judgement would be prepared in about a week.

Based on the facts of the case, the court found that Nizar’s request for dissolution was made under Article 16(6), and not Article 36(2) of the Perak Constitution.

Article 36(2) is a general provision for which a request for dissolution can be made when the five-year term of the assembly is drawing to an end.

Article 16(6), on the other hand, states that if the mentri besar ceases to command the confidence of the majority of the legislative assembly members then, unless at his request the Ruler dissolves the legislative assembly, he shall tender the resignation of the executive council.

The bench also affirmed the court’s decision in the case of former Sabah cabinet minister Datuk Amir Kahar Mustapha who refused to resign in 1995 after the then Sabah chief minister Datuk Seri Joseph Pairin Kitingan had quit.

Cheers!

5:3:2 Distribution of Sabah Cabinet seats…

What was once the top 4 state cabinet members of Sabah (courtesy of New Sabah Times)

What was once the top 4 state cabinet members of Sabah (courtesy of New Sabah Times)

What does it really mean for the non-muslim bumiputera in Sabah in so far as the long established convention of 5:3:2 distribution of cabinet seats between the Muslim bumiputera, non-muslim bumiputera and the chinese is concerned? Does it really matter?

Folks, it does not really matter if one had to listen to from none other than the PBS President cum the 1st Deputy Chief Minister and Minister of Infrastructure Development, Datuk Seri Panglima Joseph Pairin Kitingan who happens to be the Huguan Siou of the KadazanDusun in Sabah the majority of whom are non-muslim bumiputera. He was on record to say and I repeat it in verbatim ” the non-Muslim bumiputera quota in the State Cabinet can be changed at the discretion of the Chief Minister.

He said the matter had always been debatable but at the same time urged the people not to make it into a big issue. He said as much as he would like to have a more stable quota, the decision to have as many or as few non-Muslim bumiputeras in the State Cabinet remains at the discretion of the Chief Minister.

“Five, four, three or whatever the formula, has always been a debatable issue. I do not think we ought to be too stuck or too stiff about this kind of thing.

“We would like to have a stable quota but at the same time we must understand that this is the prerogative of the Chief Minister. It is up to him (Datuk Seri Musa Haji Aman) to make the necessary adjustment or make the necessary appointments…”

“He, or anybody who is the Chief Minister, will always have to take into account the aspirations or the expectations of all component political parties. Whatever decision he made is his prerogative. I am confident it was done in the best interest of the BN Government and to ensure all government programmes would run smoothly.”

I beg to differ though. Personally, I am not quite convinced that the majority of non-muslim bumiputera in Sabah are receptive to the idea that as long as the present BN government could fulfill its obligations and covenants to uplift the socio-economic status of the non-muslim bumiputera, the question of missed opportunity on effecting a fair distribution of cabinet seats in Sabah as highlighted by the PBRS Information Chief, Rayner Francis Udong recently could no longer be relevant.

For the record, the said 5:3:2 ratio was a formula practiced by convention when the BN took over the state government in 1994 whereby 5 is meant for 5 ministerial posts allocated to the muslim bumiputera, 3 posts to the non-muslim bumiputera while the last 2 posts are for the Chinese representatives in the State Legislative Assembly.

However, as I see it, at present, the Sabah cabinet seat distribution is made along the lines of BN component parties’ strength in the State Legislative Assembly. After the last state general election in 2008, UMNO won 32 seats, PBS won 12 seats, SAPP won 4 seats, LDP won 3 states, UPKO won 6 seats, MCA and PBRS won 1 seat each. Hence, Prior to the departure of SAPP from BN, the state cabinet was composed of 6 for UMNO, 2 for PBS, 1 each for UPKO, SAPP and LDP respectively.

The seat quota remains unchanged even after Datuk Raymond Tan, the sole SAPP representative in the cabinet chose to stick with BN when SAPP left BN last year where he was retained as a cabinet member while being a pro-BN Independent for almost 9 months.

Folks, now that Datuk Raymond Tan has joined Gerakan, a Peninsular Malaysia based multiracial party, the status quo remains unchanged. In fact, he was rewarded for his unquestionable loyalty to BN by being retained as a cabinet member minus his Deputy Chief Ministership though. However, the gist of the matter is that, the current composition of the state cabinet is all about one’s political strength in the state BN rather than racial and / or religiously based.

To me, the current arrangement is rather flawed despite BN undeniable success in bringing progress in terms of socio and infra-structural development to the state. I am saying this on the fact that a particular community could be under represented in the powerful decision making body despite it being the majority group in the state.

Analytically, it is a very simple arithmetic, take for example, PBS, the multiracial but KadazanDusun Murut based party. Logically, being a strongly KDM based party, there should be more than one KDM ministers representing the party apart from a chinese minister in the person of Datuk Yee Moh Chai to reflect its ideal political equilibrium in the state cabinet so that when seen in totality, there should be a sense of equitable fairness among the major races in the state.

Be as it may, what more could they ask for if such prerogative power is used to hypothetically appoint cabinet members along such lines as 6 for UMNO (Muslim Bumiputera), 2 for PBS (Non-Muslim Bumiputera), 1 for UPKO (Non-Muslim Bumiputera), 1 each for PBS (Chinese) and LDP (Chinese), Hence, the ratio should be 6:3:2 so that it is to be more or less reflective of the previously accepted convention.

As for Gerakan (a chinese-based multiracial party), it would be, in fairness to PBRS and MCA, politically prudent to appoint its 2 representatives as Assistant Ministers in the state cabinet.

However, it is of course, very important to remember that it is the CM’s sole prerogative to appoint his cabinet members whom he thinks are capable of helping him in the administratioin of the state and lest we forget that if the present cabinet is workable and is the best one we have ever had to assist the YAB Chief Minister Datuk Seri Panglima Musa Aman to achieving his well-documented Halatuju for the state, we should support him and his BN administration wholeheartedly regardless of our previous reservation.

Cheers!

Sabah witness a minor cabinet reshuffle

Sabah Chief Minister, YAB Datuk Seri Musa Aman

Sabah Chief Minister, YAB Datuk Seri Musa Aman

The Sabah Chief Minister, YAB Datuk Seri Panglima Musa Hj. Aman effected a minor reshuffle to his cabinet late this afternoon by promoting LDP Vice President cum Minister of Youth and Sports to the much talked post of Deputy Chief Minister while the incumbent, Datuk Raymond Tan Shu Kiah, a newly minted GERAKAN Vice President, retained his cabinet post but was moved to the Ministry of Industrial Development.

The PBS President cum 1st Deputy Chief Minister and Minister of Rural Development, YB Datuk Seri Panglima Joseph Pairin Kitingan took over Datuk Raymond Tan’s previous portfolio of Minister of Infrastructure Development while UPKO Vice President, YB Datuk Ewon Ebin moved from the Ministry of Industrial Development to the Ministry of Rural Development.

Speculation that YB Au Kam Wah, the Elopura Assemblyman would be appointed as an Assistant Finance Minister to fill a vacancy left by the defection of YB Melanie Chia with SAPP to the opposition did not materialise. Instead, LDP Merotai state assemblyman, YB Pang Yuk Ming was promoted to Assistant Minister of infrastructure development, replacing PBS YB Datuk Michael Asang who was appointed as Assistant Minister of Industrial Development.

Meanwhile, UMNO YB Datuk Jainab Ahmad Ayid, the previous Assistant Minister of Industrial Development was moved to the Ministry of Resource Development and Information Technology as an Assistant Minister, taking over from UPKO YB Donald Peter Mojuntin who was appointed as the Assistant Minister of Finance.

The portfolios of the other Ministers and Assistant Ministers remain unchanged. (courtesy of BERNAMA)

Cheers!

Just in .. A stay of execution granted to Dr. Zambry

Datuk Dr. Zambry receiving a Datukship from HRH, the Sultan of Perak

Datuk Dr. Zambry receiving a Datukship from HRH, the Sultan of Perak

Folks, in case you all missed the news just now, here it is, the Court of Appeal, at 1.15pm. today granted Datuk Dr. Zambry’s application for a stay of execution of the High Court ruling yesterday which declared Datuk Seri Nizar as the rightful Menteri Besar of Perak pending the former’s appeal at the Court of Appeal.

In his ruling, Court of Appeal Judge Datuk Ramly Ali said he was satisfied that there were special circumstances to grant the stay as Datuk Dr. Zambry’s appeal would be rendered nugatory if the stay was not granted.

With this decision, Datuk Dr. Zambry returns as the Menteri Besar after being in a political limbo for about 21 hours. In an immediate response, He overturned all key BN policy reversions declared by Datuk Nizar Jamaluddin earlier this morning including lifting the suspension of the State Secretary and State Legal Adviser.

Cheers!

No end in sight of the Perak crisis ….

Datuk Seri Mohd. Nizar soon after being declared by the KL High Court as the legitimate MB of Perak (Picture posted by courtesy of the STAR online)

Datuk Seri Mohd. Nizar soon after being declared by the KL High Court as the legitimate MB of Perak (Picture posted by courtesy of the STAR online)

As a very concerned Malaysian, I can’t help but ponder on the latest twist of political fortunes befalling on the lap of Pakatan’s Datuk Seri Mohd. Nizar Jamaluddin, the “ex-MB” whose application for a declatory relief was granted by High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim who declared that he is still and was at all material times, the legitimate Menteri Besar (Chief Minister) of Perak on the ground of him having been unconstitutionally replaced by the HRH Sultan of Perak although he had at all material times, not vacated his post as Menteri Besar as he had not lost the majority confidence of the State Legislative Assembly whatsoever vide a vote of no confidence pursuant to section 16(6) of the Perak constitution.

In other words, Justice Abdul Aziz said that Nizar, once appointed Mentri Besar, was only answerable to the State Legislative Assembly and that based on democratic practice, the vote of no-confidence should be taken on the floor of the assembly and only that way, Nizar could be forced to resign.

On the other hand, since his oral application for a stay of execution was rejected by the said Court yesterday, I was made to understand that Datuk Seri Dr Zambry Abd Kadir had already filed his appeal against the said ruling yesterday at about 9.20am this morning at the KL High Court Registry together with his formal application for stay of execution at the Court of Appeal to avert a potentially explosive political and administrative upheavel in Perak as proven by the swift action taken by Datuk Seri Nizar to suspend with immediate effect two very senior officers of the state administration namely, State Legal Adviser Datuk Ahmad Kamal Md Shahid and State Secretary Datuk Dr Abdul Rahman Hashim for a very obvious reason indeed. I reckon, although, Mohd Nizar justified it as being “not done out of revenge but was initiated in the interest of the people” . I am more than convinced that it was done out of spite and revenge for the way these two officers had acted previously.

The question is, would HRH the Sultan of Perak consent to Mohd. Nizar’s request to dissolve the Perak State Legislative Assembly now that the Court had reinstated the latter? In fact, with the said declatory relief granted to the latter, one cannot miss the point that by and large, the Court had expressly implied that there was something not right in so far as the Perak constitution is concerned in the way Datuk Seri Dr Zambry Abd Kadir was appointed as the new Perak MB to replace Datuk Seri Nizar on the 6th of February 2009.

Would HRH the Sultan of Perak dissolve the State Legislative Assembly to pave the way for a snap state election? or would he wait for the result of the two Appeals made by Datuk Dr. Zambry? It is afterall the Sultan’s sole prerogative as despite yesterday High Court’s decision, question still lingers on whether he had acted legally pursuant to the Perak constitution by way of a precedent case in Sabah which had ruled differently when the High Court then had adopted a decision handed down by the Privy Council in Africa which suggested that whether there was a lack of confidence against a Mentri Besar (or Chief Minister) need not have to be found on the floor of the Assembly.

In other words, the Ruler or for that matter, the TYT, could appoint a new MB or Chief Minister by virtue of the fact that upon thorough examination of the facts and evidences presented to him outside the Assembly, he is convinced that the former does no longer command the majority of the Assembly, could appoint a new MB or Chief Minister, whom he believes at that material times, commands the majority of the Assembly.

Hence, Folks, based on this alone, I tend to bet my money on this one and therefore, I honestly believe that HRH the Sultan of Perak had acted legally and had acted so within the ambit of the Perak Constitution. Therefore, I figure, he would not dissolve the Perak State Legislative Assembly as yet.

Cheers!

Effect of Global Warming

To most citizens of the world, Al Gore’s Inconvenient Truth is nothing but a masterpiece which of course, had conveniently earned him an Oscar. The truth is simply awesome. He may have gone at great length to present to the world about the serious effect of global warming with state of the art visual effect. The question however, it was simply too technical and too scientific for the ordinary people on the streets to understand.

Folks, this picture which I am about to post may assist them to really understand what is actually “global warming” without having to sit and listen to Al Gore’s Inconvenient Truth:

The effect of global warming over the years.....

The effect of global warming over the years.....


Cheers!


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