Friday, January 12, 2024

DUBAI MOVE or moves to get MPs to lose confidence in Anwar - is all part of Malaysian Parliamentary Democracy? Repeal all sections that criminalizes 'activity detrimental to parliamentary democracy'??? Too vague and easily abused?

How exactly is the 'DUBAI MOVE', allegedly a meeting of Members of Parliament(MPs) for the purpose of deciding whether to change Malaysia's sitting Prime Minister by possibly showing that Anwar no longer commands  the confidence of the majority of MPs  be 'an activity detrimental to parliamentary democracy'? 

In Malaysia, our Federal Constitution provides for the REMOVAL of a Prime Minister, and his/her Cabinet - hence, it is absurd for even considering such discussions or plans(if it did happen) are a  CRIME - 'an activity detrimental to parliamentary democracy'? 

Remember that our sitting Prime Minister Anwar in 2020 also did something similar...

'...Malaysia’s opposition leader Anwar Ibrahim on Wednesday said he had secured a “strong majority” from lawmakers to form a new government,...Sitting next to his wife, Anwar told a news conference his support from lawmakers “means that the administration of Muhyiddin has fallen” and insisted that his government had the mandate of the people....'

It was an ODD press conference that did not see the leaders of the other PH parties - in any event, nothing came out of it. Was it FAKE news? Or was it a failed attempt? 

And, even earlier there was similar happening..

The Pakatan Rakyat coalition is ready to form the Federal Government and is now waiting for the right time and the right numbers, said Parti Keadilan Rakyat (PKR) adviser Datuk Seri Anwar Ibrahim.The PKR-PAS-DAP alliance had already secured the required number of MPs but wants to form the government with a strong majority, the de facto opposition leader claimed at a rally Monday night.He said none of the MPs had been "bought over."... - Star, 14/4/2008
In any case, if people are being investigated now for the alleged 'DUBAI MOVE' , should not Anwar Ibrahim himself also be investigated for a similar offence??

The police need to be INDEPENDENT - and not allow themselves to be used by Prime Minister, Ministers or anyone... Remember the abuse of power charges be4 - where Anwar was accussed using his position to get police officers to do things not allowed... See Anwar's Corruption Trial Judgment - When a Minister uses the police to attempt to 'compromise' witnesses/victims of crime? Hopefully no repeat of such crimes??

Is the police now acting on its OWN with regard these police reports on Dubai Move, or the action to oust Anwar and his 'UNITY" government? 

I personally do not see these moves as being criminal in nature or an offence - certainly not an activity detrimental to parliamentary democracy. 

The entire set of offences that criminalizes activity detrimental to parliamentary democracy must be REPEALED.

When this was tabled in Parliament, it was clearly not meant that it was to prevent MPs working to get sufficient number of MPs to declare that they have LOST confidence that Anwar ought to remain the Prime Minister of Malaysia..

When Section 124B was tabled in Parliament in 2012 as an amendment to the Penal Code, the government declared (in Parliament by then de facto law minister Mohamed Nazri Abdul Aziz on April17, 2012) that it would be used to deal with violent offences, such as the assassination of a head of state, a coup d’état, an armed insurgency, or guerrilla warfare, and breaches of constitutional provisions.

Should we amend the Constitution so that the Prime Minister is elected by the people for a fixed term like Presidents? In Malaysia, there is NO SECURITY OF TENURE  for the Prime Minister - if he loses the confidence of the majority, then he will be no more Prime Minister..

Wonder, if the people could choose the Prime Minister - Would Anwar Ibrahim even stand a chance to be elected Prime Minister?

Should we have a NATIONAL REFERENDUM to see how many Malaysians want Anwar Ibrahim to remain the Prime Minister of Malaysia??


IGP to call Papagomo, Chegubard in 'Dubai Move' probe
09 Jan 2024, 08:08 pm
main news image

KUALA LUMPUR (Jan 9): The police said they will call up several people including Bersatu member Badrul Hisham Shaharin (also known as Chegubard) and blogger Wan Muhammad Azri Wan Deris (Papagomo) for questioning in connection with the “Dubai Move”, a purported plot to topple the current government.

The police have so far received 43 police reports nationwide on a clip circulating online about the opposition having toppled Prime Minister Datuk Seri Anwar Ibrahim’s government, the Inspector General of Police Tan Sri Razarudin Husain told a press conference on Tuesday.

Based on the police reports, the police have opened an investigation paper into the matter, and will investigate it under Section 124C of the Penal Code, which deals with any person who "attempts to commit an activity detrimental to parliamentary democracy", which is an offence punishable by up to 15 years in jail.

The prime suspect of the investigation at this juncture is Raja Petra Kamarudin, who had been speaking about the collapse of the government “for more than 10 days”, said Razarudin.

The IGP, however, said there is nothing the police can do about Raja Petra’s claim that Perikatan Nasional (PN) had supposedly secured 124 statutory declarations (SDs) from Members of Parliament to overthrow Anwar’s government, as the blogger currently resides in the UK.

“Maybe we won’t get Raja Petra, because he is in Manchester, but we may call Papagomo, Chegubard, and Salim Iskandar, who is a social media influencer,” he said.

On Dec 30, 2023, Community Communications Department deputy director general (community communication) Datuk Ismail Yusop reportedly claimed that the Dubai Move emerged during the vacation of several opposition leaders and government figures in Dubai.

Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor then alleged on Sunday that PN had acquired enough SDs to overthrow Anwar's unity government, a claim which Anwar declined to respond to, saying "if it's a big case, then we will respond".

A day later, Anwar's senior political seretary Datuk Seri Shamsul Iskandar Mohd Akin filed a police report on the Dubai Move, claiming it was headed by several opposition leaders, but did not name any.

Razarudin further said that Raja Petra does not have any “locus standi” to be making comments about political allegiances and parties — unlike heads of political parties or their deputies — and that he was only attempting to undermine Malaysia's democratic process.

“This will cause unrest and undermine parliamentary democracy. It will also scare foreign investors from coming to Malaysia if they are under the impression that the government is going to topple,” the IGP said. - The Edge, 9/1/2024


Malaysia’s Anwar claims ‘strong majority’ to form new government

Malaysia's opposition leader Anwar Ibrahim says he has enough support from MPs to form a government [Lim Huey Teng/Reuters]

Anwar said he had been “approached by a number of MPs from various parties” who were unhappy with the existing leadership of Prime Minister Muhyiddin Yassin.

Sitting next to his wife, Anwar told a news conference his support from lawmakers “means that the administration of Muhyiddin has fallen” and insisted that his government had the mandate of the people.

He declined to reveal the numbers backing him, but said he would do so after seeking an audience with the king, who is currently receiving treatment at the national heart hospital in Kuala Lumpur.

Muhyiddin emerged as Malaysia’s prime minister in March after a week of political turmoil when several disgruntled members of the then-ruling Pakatan Harapan coalition joined forces with parties that had lost power in 2018. The move led to the resignation of 95-year-old Mahathir Mohamad as prime minister.

Anwar said Muhyiddin’s government, and its “70 ministers”, had spent too much time “distributing positions, appointments and contracts in order to cling to (an) extremely bare and razor-thin majority.”

Even within the opposition ranks, Anwar’s support does not seem assured. Local media reported that while Amanah, an Islamic party, was backing Anwar, Mahathir’s new party was not.

Political manoeuvring

Senior politicians in the United Malays National Organisation (UMNO), which returned to power with Muhyiddin, described Anwar’s move as a “gimmick” while former ally turned rival Mohamed Azmin Ali, who led the power grab that ended Pakatan Harapan’s administration and is now Minister of International Trade and Industry, tweeted: “Incorrigible liar and political psychopath.”

Bridget Welsh, an honorary research associate at the University of Nottingham’s Asia Research Institute and an expert on Malaysian politics, said Anwar would need to show the numbers.

“There has been underlying political instability for some time and many of these negotiations have been taking place,” she said. “We are now seeing them come to the fore. There are divisions within Muhyiddin’s government and there are divisions within Anwar’s supporters. This is something that’s very fluid but very real.”

Campaigning currently underway in Malaysia’s Borneo state of Sabah has revealed some of the stresses and strains within the various blocs. Muhyiddin’s coalition is hoping to wrest control of the state government from an administration friendly to the opposition.

The state has also emerged as a new hotspot for the COVID-19 outbreak in Malaysia, with people confirmed to have the virus told they will not be able to vote.

“The people of Malaysia deserve leadership which can navigate effectively during these turbulent times,” Anwar said in a statement. “Instead we have an unstable government whose inability to handle the crisis is driving the country towards an economic recession and rising racial tension.”

Muhyiddin spoke to the country later on Wednesday, in a pre-scheduled address on state television. He focussed on financial measures to help people cope with the effect of the pandemic, but made no mention of Anwar’s announcement.

The next parliamentary session is not due until November.

Source: Al Jazeera, Reuters, 23/9/2020
Don't use Section 124B of Penal Code to curb freedom
Steven Thiru
Published:  Aug 28, 2015 6:24 PM
Updated: 5:54 PM
COMMENT The Malaysian Bar deplores the arrest and detention on 25 August 2015 of 17 persons — 16 of whom are reportedly university students — for taking part in a peaceful sit-in outside the Parliament.

They were remanded overnight and the police subsequently sought a seven-day extension of the remand. The magistrate granted a remand of three days. The revision application was heard by the High Court yesterday, and the remand period for 16 of the detainees was reduced to two days.

It has been reported that the detainees are being investigated, inter alia, for an activity detrimental to parliamentary democracy, under Section 124B of the Penal Code.

The phrase “activity detrimental to parliamentary democracy” is defined in Section 130A(a) of the Penal Code as “an activity carried out by a person or a group of persons designed to overthrow or undermine parliamentary democracy by violent or unconstitutional means”.

When Section 124B was tabled in Parliament in 2012 as an amendment to the Penal Code, the government declared (in Parliament by then de facto law minister Mohamed Nazri Abdul Aziz on April17, 2012) that it would be used to deal with violent offences, such as the assassination of a head of state, a coup d’état, an armed insurgency, or guerrilla warfare, and breaches of constitutional provisions.

Unjustifiable to use Section 124B

There was no intention to inhibit political dissent or peaceful assembly, and a Member of Parliament (MP for Rembau Khairy Jamaluddin) observed, “Kalau nak buat perhimpunan aman atau bersih pun, itu tidak detrimental to parliamentary democracy.”

The resort to Section 124B against the 17 persons, who had assembled peaceably, is therefore unjustifiable.

This provision cannot be misused to erode or dilute the constitutional right — enshrined in Article 10(1)(b), read with 10(2)(b), of the Federal Constitution — to assemble peaceably and without arms. Further, it would be a gross abuse of Section 124B if it were to be used to cause fear or anxiety among members of the public.

In any event, the constitutional validity of Section 124B is questionable. Malaysia is a constitutional democracy, where the Federal Constitution is the supreme law of the land (Article 4(1) of the Federal Constitution).

The concept of parliamentary democracy is only applicable in countries where the Parliament is supreme, such as the United Kingdom.

Thus, Section 124B purports to cover a subject matter — parliamentary supremacy — that is unknown to our constitutional scheme.

It further offends two cardinal principles: criminal law must be clear and precise, and the subject matter of criminal sanction must be known. The uncertainty in Section 124B is exacerbated by the oppressive penal sentence for the offence, which is imprisonment for a term that could extend to 20 years.

Moreover, it is unacceptable for the police to have sought remand orders of one week. The duration sought was excessive, and lends to the widely held perception that the police are freely seeking remand orders to punish persons involved in peaceful assemblies, even before any finding of guilt by a court of law, as well as to further intimidate others who may wish to participate in any public assembly.

The Malaysian Bar strongly urges the police to cease misusing Section 124B, and to respect the right of all Malaysians to assemble peaceably. Democracy is strengthened — not threatened — when Malaysians who wish to assemble in peace may do so without threats of reprisal or unjustified arrest.

STEVEN THIRU is president of the Malaysian Bar. - Malaysiakini, 28/8/2015


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