Perak Speaker V Sivakumar springs a major surprise Photo by Amiruddin
Is it a stalemate now? Or checkmate…
Perak state assembly speaker V Sivakumar has reportedly suspended Zamby (18 months) and his six exco members (12 months) from the state assembly.
How can the state government function if the exco is barred from attending state assembly proceedings?
Sivakumar announced the suspensions after the Special Privileges Committee completed a two-day hearing looking into complaints that the appointments of the new exco were unconstitutional. The Committee, chaired by Sivakumar, comprises six other assembly members – five from Pakatan and one from BN, though the latter did not attend today’s meeting.
It looks like a worrying stalemate, which won’t be resolved until fresh elections are held.
It’s time to go back to the people to resolve this once and for all.
Wonderful, this is what the whole constitution is about. If we are a Parliamentary Democracy then Parliament is supreme with the Federal Constitution above it as its guiding beacon. Similarly the State Assembly has the State Constitution as its guide. Its good to note that the people are now actively involved in the obtainment of information and no more accept the propoganda that BN and its media spins for the continued indoctrination to be imbeded in our minds. Bravo to all Malaysians, you are beginning to think out of the box.
Complain about this comment
Like or Dislike:
0 
0
BRAVO ! BRAVO ! BRAVO ! SAUDARA SIVAKUMAR !
You have out played the ex LP.
” THE FAT LADY IS ABOUT TO SING”
GO TO VOTE NOW ! THE PEOPLE DEMAND THAT FRESH STATE ELECTION BE HELD NOW.
…BN, HAVE THE COURAGE TO FACE THE RAKYAT NOW…
Complain about this comment
Like or Dislike:
0 
0
YES!!!!!!!!!!!!
Complain about this comment
Like or Dislike:
0 
0
… please do a state-wide elections. wtout it the situation wil only get worse n worse wt retaliation and counter-retaliations from both sides. it’s a quagmire!.
Complain about this comment
Like or Dislike:
0 
0
BN reps’ been telling the MSM that the silent majority in perak support their’s and the sultan’s move. good. so wat r u BN people afraid of? let the ‘silent najority’ vote u in OFFICIALLY in a state-wide reelection and end all these non-sense.wat r u afraid of mr BN?
Complain about this comment
Like or Dislike:
0 
0
Sepandai-pandai Bee End toppled Pakatan from Perak state government, they over looked this loop hole. Come on Bee End, be a gentlemen, disolve the state assembly and let the rakyat decide, don’t be a coward.
Complain about this comment
Like or Dislike:
0 
0
Beware that BN will counter by spinning that this is an abuse of power.
Complain about this comment
Like or Dislike:
0 
0
Instead of doing the easier thing like holding a fresh election for the people of Perak to decide which party should govern the state of Perak,our rulers opted for a more complex way of forming a new government without first understanding the state constitution.
At the federal level,our incompetent BN government (appears to be focusing on) nude photos of PR state assenbly women in order to topple the PR state government,a job they are quite good at though but considered a total failure when come to managing the country.
Complain about this comment
Like or Dislike:
0 
0
… To break the impasse, I’ve ruled out a snap election to be called by BN as they can only CLAIM that they are DEMOCRATIC and have the people’s support, but yet do not have the guts to face the rakyat in a snap election.
Complain about this comment
Like or Dislike:
0 
0
Lets return back the mandate to rakyat of Perak. We need to kick all those umno … out.
Perakians will decide their destiny.
Cheers
Complain about this comment
Like or Dislike:
0 
0
Wah!. No assembly. No budget. No money. Cannot pay bills and gaji.
Big pot of s***, man. This is a shut down of the whole state.
This is serious.
Complain about this comment
Like or Dislike:
0 
0
We are not snakes.
Complain about this comment
Like or Dislike:
0 
0
The best way to solve the Perak crisis is to call for a statewide snap election….
I for one as a 3rd generation Malaysian would not like to see the crisis deepen. It will have very negative impact on the sovereinty and economy of Malaysia. For sure FDI will avoid our country for a long long time.
Complain about this comment
Like or Dislike:
0 
0
Hey, Zambry and your Exco, dont always hide behind the Sultan and always say that you are appointed by the Sultan. Tuanku may have appointed you but the responsibility of governing the State is up to your capability. Of course you are going to be faced with obstales,and difficulties from Pakatan. The other side will come up with law suits, suspensions and make life difficult for you. This is part of strategy in politics. They are going to make life difficult for you. Tuanku can appoint you but he is not going to teach you how to govern. The rest is up to you. Why you so scared to go for elections? maybe you can win a few seats.
Complain about this comment
Like or Dislike:
0 
0
BRAVO ! BRAVO ! BRAVO ! SPEAKER SIVAKUMAR !
” THE WANITA GEMUK IS ABOUT TO NYANYI”
MALAYSIA IS A DEMOCRATIC COUNTRY
NAJIB AND HIS …., HAVE THE COURAGE TO FACE THE RAKYAT NOW…
Complain about this comment
Like or Dislike:
0 
0
Here’s the latest. Star: PM wants Zambry to make police report against Perak Speaker V Sivakumar. Still think this PM is humane?
Billboards for show. Circus coming to town.
Complain about this comment
Like or Dislike:
0 
0
Well done Mr.Speaker V.Sivakumar! We Perakians and many many supporters are so proud of you. You are the Hero of the moment when there seemed to be no hope left. Only please be very cautious where ever you are,be it outside or even in the privacy (not anymore) of your house. Even if you must drink a glass of hot cows milk at night before retiring, please drink from a mug, as the (certain people might) jump to conclusion that you are a Samsu or Tody drunkard and start to demand you to step down and call the Forensic Cops to investigate your house! Pardon my saying sir, but you have to cover your front as well as your back at all times too! You’ll never know if there might be a Paparazzi perched up a tree outside your house and peeping into your house. …
Take care as YOU ARE THE MAN !
Complain about this comment
Like or Dislike:
0 
0
Make a police report against the Perak Speaker? For what?
Shouldn’t the PM of a constitutional monarchy based parliamentary democracy know that the Speaker is acting legally and well within his constitutional powers conferred on him in that role by the constitution of the state of Perak?
“Imagine Power To The People” John Lennon.
Complain about this comment
Like or Dislike:
0 
0
another BN and its … parties will bite the dust in Perak….
hahaha… checkmate liao!
Complain about this comment
Like or Dislike:
0 
0
Sivakumar is really Stateman.
you got my respect.
Complain about this comment
Like or Dislike:
0 
0
Dear Anil
Please do me favour.
YB Sivakumar, a lawyer, looks more handsome than the picture above. Please do some justice to this guy by putting a better picture of him. He is an educated Speaker.
Hope to see a handsome Siva soon/
Dear karma, That’s the only picture I have. It was taken while Siva was in the thick of the Perak crisis, so it’s understandable if he is not looking his best. – Anil
Complain about this comment
Like or Dislike:
0 
0
It looks as if the Perak DUN Speaker has more power over and above his own Sultan in that he could even nullify the appointment made by the Sultan by suspending the new MB and his EXCO. Whatever is the DUN Speaker’s interpretation or whoever is advising him, it is ludicrous and absurd.
DUN Speaker Siva even thinks that he too has the power to declare a DUN seat vacant and to command SPR to hold a by election on an unsigned letter purported to be the resignation letters of two DUN members.
By the look of it, he thinks that he is above not only the Sultan but also the chairman of the election Commission.
My view of his recent act of suspending the new MB and his EXCO is a direct challenge against the authority of the Sultan and he could be liable to be detained under the ISA for undermining national security if not charged under section 121A of the Penal Code.
Assoc Prof Dr Abdul Rani Bin Kamarudin
Law lecturer IIUM
Bahasa Malaysia
Speaker DUN Perak seolah-olahnya mempunyai kuasa mengatasi dan melebihi Sultannya sendiri sehingga boleh menggantungkan MB Dato Zambri dan Exconya yang dilantik Sultan. Apapun tafsirannya dan siapapun penasihat undang2nya, ianya tafsiran yang peilk dan janggal.
Speaker DUN Perak Siva juga berfahaman bahawa dia juga berkuasa mengistiharkan mana-mana kerusi DUN kosong dan juga berhak mengarahkan SPR mengadakan pilihanraya kecil berdasarkan surat yang tiada bertarikh kononnya dua kerusi DUN adalah kosong.
Nampaknya, Speaker DUN Perak bukan sahaja mengatasi kuasa Sultan bahkan mengatasi kuasa pengerusi SPR juga.
Pada pandangan saya, tindakan Speker Dun Perak menggantungkan MB baru dan EXCOnya adalah suata tindakan mencabar kedaulatan dan titah Sultan dan suatu perbuatan yang membolehkannya ditangkap dan ditahan dibawah ISA kerana menggangu gugat keselamatan negara dan atau didakwa dibawah seksyen 121A Kanun Keseksaan.
Prof Madya Dr Abdul Rani Bin Kamarudin
Pensyarah Undang2 IIUM
Complain about this comment
Like or Dislike:
0 
0
If those are the actual comments from the IIUM professor, i really pity his students there.
If he thinks that the Speaker has broken some law, then please clearly say so …. Please, we are living in the 21st century now!
Complain about this comment
Like or Dislike:
0 
0
The Speaker has followed and acted in accordance with every inch of the law. The speaker has immunity from civil and/or criminal proceedigs. So all those who had made police reports have just wasted their time. To date no one, not even the state legal advisor was able to pin point to a legal provision that the speaker has contravened the state legislation. Go ahead take judical review to fight the suspensions, I am certain the courts will not interfere with the speakers decision as they are very much bound by what is stated in the Federal Constitution not to question the speakers decision.
Complain about this comment
Like or Dislike:
0 
0
Dear Antares,
The problem is, in law, a statute cannot be read in isolation. Sivakumar thought the DUN order he uses could overide the Election Commission Act. Again he thought, the DUn order he uses too could override the Sultan. Many legal expert (including Bar Council) held the appointment of the new MB was valid. Hence, going against the Sultan decision is an offence. The court offcourse has the final say whether rightly or wrongly (ther reason for having appeal and revision).
On the one hand, he is bringing the case to the court, yet behind the court’s back he is making his own decison. Now he has acted as if he is the chief judge of Malaya too by nullifying the Sultan’s appointment before the court could decide on it.
If u have your view of what the law is on this matter, please say so. One simple question, could a CEO of a subsidiary company disregard the direction of the CEO of a holding company? Ask any CEO on this matter. Now the Sultan has made a decision which is his prerogative, and the matter has been brought to the court for a declaration that the appointment of the new MB and his exco were against the law, why then the suspension?
Please read too section 121B & 124 Penal Code;
121B. Offences against the authority of the Yang di-Pertuan Agong, Rulers or Yang di-Pertua Negeri.
Whoever compasses, imagines, invents or intends the deposition or deprivation of the Yang di-Pertuan Agong from the sovereignty of Malaysia or the deprivation or deposition of the Ruler, his heirs or successors, or of the Yang di-Pertua Negeri from the rule of a State, or the overawing by means of criminal force or the show of criminal force the Government of Malaysia or of any State, shall be punished with imprisonment for life and shall also be liable to fine.
124. Assaulting Member of Parliament, etc., with intent to compel or restrain the exercise of any lawful power.
Whoever, with the intention of inducing or compelling or attempting to induce or compel a member of Parliament or of any Legislative Assembly or of any State Executive Council to exercise or refrain from exercising in any manner the lawful powers of such member, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes by means of criminal force, or the show of criminal force, or attempts so to overawe, such member shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Pls spend few minutes visiting http://lenggongvalley.blogspot.com/
Pakatan snared in own trap over Sivakumar’s ‘brilliant’ move__.htm
some excerpts from it;
Several PR lawmakers here said the move was totally unexpected as they had painstakingly gone through the state constitution and the assembly’s Standing Orders prior to Wednesday’s hearing before the Rights and Privileges Committee.
“I was shocked upon hearing Sivakumar’s decision. We had discussed about this (possibility of suspending Zambry and his exco members) and strongly advised against it.
“By doing so, we have fallen into our own trap, akin to stepping on a banana peel planted by ourselves.
“I honestly do not know whose advice he (Sivakumar) took before making up his mind,” said a PR lawmaker.
Sivakumar might have just relied solely on Order 89 of the Standing Orders to justify the suspension of the recently sworn-in Barisan Nasional administration.
Order 89 states that the decision of the speaker upon any point of interpretation of any of these Standing Orders, or upon any matter of practice, shall be subject to a substantive motion moved for that purpose, be final, and the speaker may from time to time issue rulings thereon.
I am only making my view open, off course any person including any professors of law or judge are free to counter my view.
When i am saying that the Speaker “is over and above the sultan” and “Chairman of SPR”, i am hinting to the readers that he is too overconfident with his interpretation of the order. What more, an Assembly Standing Order, does it have the force of law? However, the Sultan’s decision did have the force of law.
As reader of law, one cannot be too careful and too cautious in interpreting the law. One has to come a decision. Like a judge, yes or no, guilty or not, right or wrong, no such thing as in between or play safe not knowing which side to go. Judges make decision to the displeasure and pleasure of others. The same goes with the Attorney General. have u watch Donald Trump in apprentice. Like it or not, agree or not, he did not sit on the fence but one side has to go. I really pity those who cannot make a decision or just watch and see, too scared to be criticised.
Assoc Prof Dr Abdul Rani Bin Kamarudin
Law Lecturer IIUM
Complain about this comment
Like or Dislike:
0 
0