13 February 2010

The Perak Dilemma

I realise that I’m not the right person to give comment on this issue. Regardless of that, I still want to give my comment. Plus, I have the benefit of listening to the opinion of a very distinguish scholar on Malaysian Constitution, Prof. Dr Abd Aziz Bari.

The Federal Court 5-0 decision in favour of Datuk Zambry has been responded in many ways. For sure, the opposition party namely Pakatan Rakyat will see this as defying justice. That is certain due to the reason that they always see everything that is not parallel with their views and stand as injustice, contradict to constitution, undemocratic, the law has been compromised bla bla bla. Let them be since their opinion is immaterial, expected and boring.

The next day after the judgement of the case, I have a Constitutional Law class with Prof Aziz Bari. In delivering his opinion, he described the decision made by the Federal Court as a dangerous precedent. Basically what the Federal Court has decided is that the vote of no confidence to the Menteri Besar is not necessarily be made within the State Legislative Assembly (House)  but it could also be made outside the House.

He justified his opinion when he describe it as ‘dangerous precedent’ since it open the chance to people to play with trick in order to dismiss the Menteri Besar. What I understand from that is for example people speculate that the Menteri Besar is no longer holds the majority confidence of the members of the House and by only refers to that, the Sultan dismisses the Menteri Besar. What is dangerous is that the speculation might not be true. The only way to make it certain is by having vote of no confidence in the House.

Another one is as regard to the principle of Ministerial Responsibility where the members of the cabinet or in the state level, the Exco is answerable to the Parliament or the House and not to the Sultan. The Federal Court decision could have the impact of contravene this principle and indicate that the Exco is also responsible to the monarch. Some perceive this as unconstitutional.

Yes, the argument really makes sense. However in my opinion, this case is quite an exceptional one. The requirement of the vote of no confidence to be made in the house is perhaps on situation where the Menteri Besar has sufficient members of the House to form the government but somehow for whatever reason does not have the confidence of his own members plus members of the opposition party. In such a situation, perhaps there in need to perform the vote of no confidence within the House because the uncertainty is clear as to whether the Menteri Besar has the confidence of the majority of the members of the House or not.

However, what happen in Perak is that, the Menteri Besar barely has the enough members to form government. The question is that can he be taken to have the confident of the house when he barely has enough members to form government? Maybe this is what was considered by the Sultan and the Federal court. Moreover, the Sultan has personally interviewed the 3 independent ADUN who happened to signal their support to BN.

Some people descride this as absolute monarch. I cannot be said so unless the Sultan appoint anyone that he pleasure without looking to the party that has majority.

Agree or disagree, the Federal Court as the apex court had spoken. The Sultan may have whatever reason to disagree to dissolve the House. Ultimately, people will determine it during the next General Election. Worry we do not really have to, because we do not lose as much as what those politicians lost. They had lost the only thing that they live for, power hahaha.

Whatever it is, the ultimate person to be blame is the person who has come out with the idea of jump party. I wonder why the opposition keep on blaming those who jump, curse them but ‘worship’ the person who come out with the idea? The reason has been previously stated. Whatever that is not in line with their interest is wrong, bad and immoral. Let’s say that the successfully formed the government through the method that has been proposed by the person they ‘worship’, whether jumping from party to another party is wrong, bad and immoral? Maybe it become ibadah and a method to worship god hahaha.

With that, I rest my case though I still cannot stop laughing hahaha.

1 comment:

Anonymous said...

aziz bari's student..fuh!!! bravo2..