The PRIME MINISTER not the "Menteri Besar" maker ..

The Prime Minister certainly does not decide on the question of WHO will be Menteri Besar. It is elected members of state legislative assembly who decides - The Menteri Besar is the one who has the confidence of the majority of the members elected.

Datuk Ahmad Said has been appointed the Mentri Besar by the Sultan of Terengganu. He has the support of seven of the eight Umno division leaders in the state.

22 (or should we say 23) of the 24 BN ADUNs apparently supported the choice of the Prime Minister to be Menteri Besar of the State - that is the former MB, one Idris Jusoh..

Something is certainly not right here --- and this is what happens when the PM (or the so-called UMNO leadership) choses the candidates without considering the feelings of the local divisions... and now it seems that this is case when it is also reported that the 7 out of 8 UMNO divisions "lobbied" for the appointment. So, will the leaders and members of these 7 divisions of UMNO also be stripped of their membership without being accorded the right to be heard.

Datuk Ahmad Said has been stripped for disobeying party leadership -- where was the show-cause letter? Where was that Disciplinary Board Hearing? Where was that right to be heard and 'fair trial' principles --- but what am I talking about for it is UMNO ... and things work differently there -- Leader say jump - all who do not jump no more member... Since when has it become an offence for a member to disobey the party leadership??

"DERHAKA" -- would the behaviour and the boycott by the 23 amount to that? If the Sultan orders that you do A, and your PM orders that you do B? What do you do? Who will you obey? "Kesetiaan kepada Raja dan Negara".

According to a recent report, now, the Attorney General has come out with his ADVICE --- do we not have State Legal Advisors (and was he not also present during the appointment ceremony)? Remember, this is a State Matter....



Sunday March 23, 2008(Star Online)
MYT 9:08:59 PM

Terengganu MB: PM or Sultan’s choice?

By ZULKIFLI ABD RAHMAN

PETALING JAYA: The Terengganu Mentri Besar should be a person who has the confidence of the state assembly, a constitutional law expert said.

Universiti Teknologi Mara Law professor Dr Shad Saleem Faruqi said the position of Kijal assemblyman Datuk Ahmad Said would not be safe even if he was appointed the Mentri Besar by the Sultan of Terengganu.

He said although the Sultan had the discretion in appointing Ahmad as the new Mentri Besar, legally this could be disputed because the person has to command the confidence of the majority of the assembly.

“The Sultan has discretionary powers but this discretion is not absolute. The Sultan is not bound to listen to the advice of Umno divisions or the Federal Government but he has to listen to the state assembly,” he added.

Prof Shad also said that Ahmad, however, has the option of waiting 90 days – until May 13 – to consolidate his powers before convening the state assembly.

“This means he can appoint new state executive councillors, including those from the six PAS assemblymen, or he can even call for a state election,” he said.

Prof Shad said the state assembly or even Umno assemblymen could pass a vote of no-confidence against Ahmad.

“This scenario has happened several times before in Sarawak, Selangor and Kelantan in the 1960s and 1970s, where the Chief Ministers or Mentris Besar were either voted out of office or replaced,” he said.

The office of the Sultan of Terengganu announced Saturday that Ahmad would be the new Mentri Besar of Terengganu instead of Datuk Seri Idris Jusoh.

Idris was the choice of Prime Minister Datuk Seri Abdullah Ahmad Badawi as well as the majority of state assemblymen, but 51-year-old Ahmad had the support of seven of the eight Umno division leaders in the state who lobbied for his appointment at the last moment.

Ahmad was given his letter of appointment at 8.30am Sunday, but palace officials have fixed an indefinite date for the swearing-in ceremony, which was widely expected Sunday as well.

He was stripped of his Umno membership for disobeying the party leadership.

Prof Shad said that Ahmad could go to the courts and claim that his expulsion and removal as Mentri Besar were against "natural justice."

"Umno can also go to court on the basis that his appointment had gone against the Terengganu Constitution," he said.

Ahmad has two choices, Prof Shad added: He step down and let the Regency Advisory Council appoint a new Mentri Besar, or he could dissolve the state assembly.

Barbers in work permit poser (NST)

2008/03/21 (NST Online)

Barbers in work permit poser

By : Evangeline Majawat and Kristina George

KUALA LUMPUR: The war between local and Indian barbers took a surprise turn yesterday when authorities denied any knowledge of work permit restrictions on foreigners.

This was revealed by Immigration Department foreign labour division director Abdul Rahman Othman, who said there have been no instructions to stop work permit renewals for Indian barbers.

The Penang Barbers' Association had on Wednesday, announced that they received a letter from the Prime Minister's Department stating that the government would no longer renew work permits of foreign barbers.

"I have not heard anything about this letter," Abdul Rahman said.

"Currently, those in the service sector, including barbers, are granted work permits which allow them to work in the country for five years."
The work permit , which has to be renewed annually, will not be extended after the five years are up.

Abdul Rahman said he was aware of the grouses of some local barbers who claimed that their livelihood had been affected by the Indian barbers.

Late last year, a delegation of 50 barbers from Penang and the Klang Valley held a meeting with representatives from the Home Affairs Ministry and Immigration Department.

Abdul Rahman said nothing was resolved at the meeting as delegates started bickering among themselves.

Some were strongly against the Indian barbers while others were supportive of them saying that everyone shared equal opportunities.

"We told them to discuss the matter among themselves before coming back to us," he said, adding that they have yet to hear from the local barbers.

He said an estimated 1,000 Indian nationals were working as barbers in the country.

Will Opposition State allow RAKYAT to choose their SENATORS - or will the do what BN did...??

Looks like we will need to at least get a NEW Senator for Kedah soon - Chuah Kim Chuan term ends on 10/4/2008. Will the Opposition Government just follow how it was done during the time when Barisan National ruled - that is "let the State Legislative Assembly choose" or will the Opposition government - the Barisan Alternative allow the RAKYAT to choose their Senators... The Barisan Alternative may say that for the Senators to be "elected by the direct vote of the electors of that State", Parliament must past the law and now it is still a BN controlled Parliament and so we have to follow the old ways of doing things until the Barisan Alternative manages to win sufficient seats to form the Federal Government... But, I say "Yes, you may not be able to have 'elections' BUT there is nothing stopping you from having a "referendum" to get the feelings of the people as to who they would want to be a Senator of that State ---- and once the RAKYAT has indicated their choice --- then the names could go through the State Legislative Assembly and the "peoples' choice" could be selected by the the Assembly... The only question is whether you want to let the RAKYAT choose OR whether you want to do the choosing yourself (just like how the Barisan Nasional was doing...) The same thing can be done with regard to local council elections --- and do not say that you cannot do it until Parliament amends laws..... this is an unacceptable JUSTIFICATION --- I just went to the the Malaysian Parliment Website and look at the info on the members of the Senate --- and it is interesting that there is no information as to when Zaid Ibrahim became a Senator.... (http://www.parlimen.gov.my/DewNegara_KedAhli_detail.php?id=420) His name is listed....BUT --- see below If Zaid Ibrahim is yet to be appointed Senator - then he is NOT YET in Cabinet...at least not until the Yang Di Pertuan Agung appoints him (or did it already happen but the official Parlimen Malaysia website is slow in updating its information)

~~ GAMBAR ~~

~~ MAKLUMAT ~~

Nama

Chua Kim Chuan, Y.B. Sen. Tuan

(Dipilih oleh Dewan Undangan Negeri Kedah)

Jawatan Dalam Kabinet

Tempoh

11.04.2005 - 10.04.2008

Parti

BN - MCA

No. Telefon

04-7309368

No. Fax

04-7337853

Alamat

~~ GAMBAR ~~

~~ MAKLUMAT ~~

Nama

Mohd Zaid Ibrahim, Y.B. Sen. Datuk

(Dilantik oleh Yang di-Pertuan Agong)

Jawatan Dalam Kabinet

Menteri di Jabatan Perdana Menteri

Tempoh

Parti

BN - UMNO

No. Telefon

No. Fax

Alamat

Which Senator had to resign so new people could be made SENATORS to be in new Cabinet?

There has been persons appointed as SENATORS by the Prime Minister just like that, it seems --- but then when we look at the Federal Constitution - we see that:-
1) There is a fixed number of Senators - 2 from each State, 2 from KL, 1 from Putrajaya, 1 from Labuan and 40 others.
2) The term of office is for a fixed period of THREE YEARS.

So when PM said this person made in Senator, the question is whether there were VACANCIES EXISTING that the Barisan Nasional can fill --- noting that now 5 States are controlled by Opposition (i.e. 10 Senatorial positions).

OR which Senator was asked to tender his resignation so that the PM's chosen could be made SENATORS...to become Cabinet Members..

FEDERAL CONSTITUTION

ACT 000

PART IV

THE FEDERATION

CHAPTER 4 - FEDERAL LEGISLATURE

45. Composition of Senate.

(1) Subject to Clause (4), the Senate shall consist of elected and appointed members as follows:

(a) two members for each State shall be elected in accordance with the Seventh Schedule; and

(aa) two members for the Federal Territory of Kuala Lumpur, one member for the Federal Territory of Labuan and one member for the Federal Territory of Putrajaya shall be appointed by the Yang di-Pertuan Agong; and

[Am. Act A1095 - Original Text read - (aa) two members for the Federal Territory of Kuala Lumpur and one member for the Federal Territory of Labuan shall be appointed by the Yang di-Pertuan Agong; and]

(b) forty members shall be appointed by the Yang di- Pertuan Agong.

(2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of aborigines.

(3) The term of office of a member of the Senate shall be three years and shall not be affected by a dissolution of Parliament.

[Am. Act A1130]

(3A) A member of the Senate shall not hold office for more than two terms either continuously or otherwise:

Provided that where a person who has already completed two or more terms of office as a member of the Senate is immediately before the coming into force of this Clause a member of the Senate, he may continue to serve as such member for the remainder of his term.

(4) Parliament may by law -

(a) increase to three the number of members to be elected for each State;

(b) provide that the members to be elected for each State shall be so elected by the direct vote of the electors of that State;

(c) decrease the number of appointed members or abolish appointed members.

SEVENTH SCHEDULE

[Article 45]

Election Of Senators

[Am. Act A1130]

1. (1) (Repealed).

(2) As often as there is a vacancy among the members elected to the Senate by a State the Yang di-Pertuan Agong shall give notice to the Ruler or Yang di-Pertua Negeri of the State that an election of a Senator is required and the Ruler or Yang di-Pertua Negeri shall require the Legislative Assembly to elect a Senator as soon as may be.

2.(1) The names of candidates for election shall be proposed and seconded by members of the Assembly and the member proposing or the member seconding shall submit a statement in writing, signed by the person nominated, that he is willing to serve as a Senator if elected.

(2) When all the nominations have been received, the presiding officer shall announce the names of the persons nominated in alphabetical order and shall then put their names to the vote in that order.

(3) Each member present shall be entitled to vote for as many candidates as there are vacancies to be filled, and the names of the members voting for each candidate shall be recorded; and if any member casts a vote in addition to those allowed by this subsection that vote shall be void.

(4) The presiding officer shall declare to be elected the candidate or candidates who receive the largest number of votes, but if two or more candidates have an equal number of votes and the number of those candidates is larger than the number of vacancies to be filled, the election of those candidates shall be determined by lot.

3. Notwithstanding anything in section 2, if a vacancy due to the expiry of the term of office of a Senator is to be filled at the same meeting as a vacancy arising in any other way there shall first be an election to fill the vacancy due to the expiry of the term and then a separate election to fill the other vacancy.

4. The presiding officer shall certify to the Clerk to the Senate, by writing under his hand, the name of a person elected as Senator in accordance with the provisions of this Schedule.

5. If any question arises whether a member of the Senate has been duly elected in accordance with the provisions of this Schedule, the decision of the Senate shall be taken and shall be final, but the failure to hold an election under section 1 (2) as soon as may be shall not of itself invalidate the election of any Senator.

There can only be MUSLIM Malay ----Federal Constitution says so...

Now that there is some interest about this "Malay Muslim" when it comes to the appointment of a Menteri Besar and/or Deputy Menteri Besar, it must be understood that the now existing Federal Constitution and the various State Constitutions is very much the doing the UMNO-Led coalition of political parties, especially the UMNO, the MCA and the MIC.

There are certain things that are rather odd about our Federal Constitution, which hopefully would one day be corrected. For example the fact that the special priviledges

MALAY

Article 160(2) of the Federal Constitution states that "Malay" means a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom and -

(a) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or

(b) is the issue of such a person;

Therefore, there is no such thing as a non-Muslim Malay. A Muslim Malay who converts is no longer a Malay - and hence if Malay is an ethnicity, then conversion means a loss of ethnicity. Hence Malay may not be an ethnicity at all.

You are a Malay if:-
a) Muslim
b) habitually speaks the Malay language;
c) conforms to Malay custom
d) was before Merdeka Day born in the Federation or in Singapore or born of parents one of whom was born in the Federation or in Singapore, or is on that day domiciled in the Federation or in Singapore; or (b) is the issue of such a person


Therefore I am a Malay, if say that my father a British officer (and my mother a British) in Malaya gave birth to me in 1956, and I today am a Muslim and speak Malay and live a Malay lifestyle.

Therefore I am not a Malay, if parents and grandparents were all Malay - but I have chosen to be a free-thinker.

Therefore I am not a Malay, because although born of Malays, I now do not speak the Malay language.

Therefore I am not a Malay, because now I live a modern Western life-style and no longer conform to the Malay custom ( But then, what is Malay custom???)

A Malay not a Muslim is NOT a MALAY

A Malay who does not speak the Malay Language is not a Malay

A foreign national born of foreign national parents who happened to be in Singapore in 1961, who is now a Muslim, speaks Malay and conforms to Malay custom is a MALAY and according to some State Constitution would qualify to be Menteri Besar.

Interesting......

Before the Malays, in Peninsular Malaysia there were the Orang Asli - and they are called the Aborigine in the Federal Constitution, and is defined as the "aborigine of the Malay Peninsula" - and sadly this is the one group that interestingly is not accordered the special position and privileges (see Art 153) which only covers the Malays and natives of any of the States of Sabah and Sarawak.

So an Orang Asli or aborigine of the Malay Peninsula or a particular State cannot also be the Menteri Besar of Perak, Selangor and how many more States....

Even a native of Sabah and Sarawak who has been resident in the State of Perak or Selangor cannot be the Menteri Besar of Perak and/or Selangor...

INTERESTING...

So, what will happen if there were NO MALAYs elected in the party(or coalition of party) that has managed to wrest the majority of the seats in the State Legislative Assembly - would it mean that there will be NO MENTERI BESAR ...or will the Barisan Alternative just have to get someone from the Barisan Nasional UMNO party to be Menteri Besar....

INTERESTING....

In the Federal Constitution, there is no ETHNIC or RELIGIOUS or "MALAY REQUIREMENT" for a person to be chosen and appointed as the Prime Minister of a country --- and as such all State Constitutions must also be amended to be in line with the Federal Constitution...

WE HAVE TO MOVE AND BECOME MALAYSIAN - WE HAVE TO MOVE AWAY FROM THE POLITICS OF THE ETHNIC-BASED PARTIES LIKE UMNO, MCA AND MIC -- into MALAYSIANS-BASED POLITICAL PARTIES...

EVEN PAS - the only Religious-based party in the OPPOSITION (or rather the Barisan Alternative) is opening its doors , now through PAS Supporters Clubs --- who in fact even fielded a non-Muslim candidate..

We have to make a stand NOW about this "Malay Muslim" condition for being a Menteri Besar in some States -- IF WE WANT TO MOVE FORWARD...We cannot push it under the carpet and ignore it...

It was sad to see that there were 3 names forwarded to the Perak Sultan to choose and appoint as the Menteri Besar of Perak - when there was already a clear agreement that the person who shall be the Menteri Besar shall be from that Opposition partner party that won the biggest number of seats - and in the case of Perak, it was clearly DAP. There should have been just ONE name forwarded, the one name of the person who enjoyed the support of the majority in that State Assembly...However, if the DAP felt that it did not have a suitable candidate, then it could put forward a name of another from one of the other parties...and that is it...Submitting 3 names should never have been done - There whould have been ONE name submitted - the name of the one that enjoyed the support of the majority...

Now, we come to SELANGOR - the Menteri Besar has been chosen and now the question remain as to who will be the Deputy ...or Deputies...and let us see whether we have a "PKR and Barisan Alternative" Menteri Besar or really just another "UMNO or BN" Menteri Besar - there has, after all , always been doubts about Khalid, Anwar and the PKR --- and now is the test of fire... (After all , Khalid was the one who said that Mano swearing in can come later - possibly after he is released from the ISA - maybe in 2 years time or more.......that would have been the stand of a Barisan Nasional Menteri Besar -- and we all expected more from the Barisan Alternative...

Maybe, we must all go and read Orwell's Animal Farm -- about how people change and become like their predecessors when they get into power...

OH YES - WHEN ARE WE GOING TO HAVE OUR LOCAL COUNCIL ELECTIONS.... GIVE US A DEFINITE DATE --- SIX MONTHS TIME?...

Local government elections. Is this legally possible? - an Opinion

2008/03/13

Polls show democracy is very much alive

ROGER TAN

The then Sultan of Selangor Sultan Sir Hisamuddin Alam Shah addressing the first meeting of the Selangor state legislative assembly in Kuala Lumpur on June 8, 1959.

The results of the 12th general election have rendered the Barisan Nasional government incapable of amending the Federal Constitution or making uniform laws for all the states without support from the opposition, observes ROGER TAN

THE people have spoken in the 12th general election. Their voice is supreme and we must respect it. The election results show that democracy is very much alive in our land. As American journalist Sydney J. Harris once said: "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."

The effect of this election not only means that the Barisan Nasional government will now be unable to amend the Federal Constitution without the support of the opposition, neither will it be able to make uniform laws for all the states in respect of any matter enumerated in the State List (Second List, Ninth Schedule of the Federal Constitution) under Article 76(3) of the Federal Constitution if the opposition states do not adopt them, save for matters relating to land and local government under Article 76(4).

The other effect will be on the local authorities and councillors appointed by previous state governments in Penang, Kedah, Perak and Selangor.

Under the Local Government Act 1976 (Act 171), it is the state authority (which is essentially the state executive council) and not the federal ministry of housing and local government which has control over the local authorities.

Under Section 10 of Act 171, the mayor or president and councillors of the local authorities are appointed by the state authority. Even though their terms of office cannot exceed three years, their appointments can still be revoked by the new state authority.

Therefore, the new state authority may replace the current mayor, president and the councillors with new appointees. Or it may also decide to keep some or all of the current councillors because the menteri besar and state authority can still give directions to the mayor or president and the local authorities from time to time.

Similarly, the penghulu or village heads and members of the Village Security and Development Committee or Jawatankuasa Keselamatan dan Kemajuan Kampung (JKKK) can be replaced too.

The next issue is the opposition's election promise to re-instate with immediate effect local government elections. Is this legally possible?

The last local government elections were held in 1963 under the Local Government Elections Act 1960. However, they were suspended after the Confrontation with Indonesia pursuant to the Emergency (Suspension of Local Government Elections) Regulations 1965 and Emergency (Suspension of Local Government Elections) (Amendment) Regulations 1965 made under the Emergency (Essential Powers) Act 1964.

Since then, councillors have been appointed by state authorities. The 1965 regulations were extended after the May 13, 1969 incident pursuant to Section 6 of the Emergency (Essential Powers) Act 1979, which provides that regulations made under the Emergency (Essential Powers) Act 1964 shall remain in force as if they had been made under the 1979 Act.

Then, when Act 171 was enacted, it was expressly provided in Section 15(1) that "notwithstanding anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect". This means that the provisions in the Local Government Elections Act 1960 relating to elections have also ceased to apply.

However, some have argued that this is still legally possible as Section 1(4) allows the state authority to exempt any area within any local authority from any provision of Act 171, including Sections 10 and 15(1). The state legislature can then enact state laws to govern local government elections as it is empowered to do so under Paragraph 4(a) of the State List.

Article 113(4) of the Constitution also provides that state law may authorise the Election Commission to conduct elections other than parliamentary and state legislative elections.

In other words, a state authority may suspend the application of Sections 10 and 15 of Act 171 and then cause the state legislature to enact laws governing elections for those local authority areas.

However, to enact state laws governing local government elections might still technically conflict with Sections 10 and 15(1) of Act 171 and the 1965 Emergency Regulations (presumably still in force).

As Act 171 is a federal law made under Article 76(4) and not under Article 76(3) of the Federal Constitution, which deems laws passed by Federal Parliament as state laws, it follows that Article 75 of the Constitution provides that if any state law is inconsistent with a federal law (Act 171 and the emergency laws), the federal law shall prevail and the state law shall, to the extent of the inconsistency, be void.

Of course, it can also be argued that with the exemption, the conflict does not arise. But that is a risky approach as the local government elections held pursuant to state laws can be challenged in court. If this is successful, the elections and decisions made by the councillors risk being declared null and void.

Therefore, holding local government elections is possible if Section 15(1) is repealed and Section 10 amended. This can only be done if the Barisan Nasional government, which has a simple majority in parliament, also wants it.

However, nothing is impossible these days. Politically, the federal government under the control of the Barisan Nasional may just do it, as most local authorities depend on the federal government for financial assistance. It may also be a gauge for the government to test public opinion before it calls the next general election.

To the rakyat, it is also a good thing as it will become a new tier of check-and-balance on state governments, under the Barisan Nasional or otherwise.

If we STOP the Development --- People will come back to the BN..

So do we now pay our taxes to the Opposition wakil rakyat? Will they get the share of the income of the nation according to the percentage of the votes that they got in the last General Elections? Then, the Opposition will have the MONEY to use it for the people.

FREEDOM to CHOOSE your WAKIL RAKYAT -- and the end result is that the BN has won sufficient seat to form government --- and after election their duties and obligation is not just to the people in the constituencies that voted for the BN but to all Malaysians. All development must be brought to every region and all people irrespective of how they exercised their right to VOTE.

This "Datuk Seri Mohd Ali Rustam" clearly do not understand this ---- IT is wrong to threathen the rakyat with "NO DEVELOPMENT" if you vote for opposition. It is also demonstrative to how unattractive the Barisan Nasional and UMNO have become so much so they have nothing to woo the support of the people save by using of threats and bullying them.

Why should the people support UMNO,...and the BN? Why should the people choose candidates from UMNO....and the BN? Clearly, even a Vice President of UMNO may not have a clue about the answer....I shall rephrase....if the Opposition coalition(the Barisan Alternative) won 140 seats in Parliament and formed the government , who now has the funds and the capacity to bring development ....why then at the next elections should the people vote for UMNO, MCA, MIC...the BN? Surely you cannot say that if you do not vote the BN - there will be no development for you...OR if you vote the BN there will be development...

Too long in power - 50 years - and this UMNO-led coalition of political parties, the Barisan Nasional, --- has just forgot the basics...and the answer of "why should I vote for you to be my representative...?" ...what is your ideology...what kind of development are you talking about --- what are your priorities..?...

"We have to stop all major projects to Penang as this is what the people wanted. If we continue with the project it would be almost impossible for us to regain control of the State in the next General Elections,” the Malacca Chief Minister said.

"If we stop all major projects, the people would realise what they had lost and would then come back to the BN. This is the only way we could recapture the State in the future from the opposition,"



2008/03/15(NST)

Umno veep supports halt to Penang mega projects

By : Jason Gerald John

MALACCA, Sat:

Supporting the call by Umno Penang for all BN mega projects in Penang be stopped, Umno vice-president Datuk Seri Mohd Ali Rustam put the blame on voters who decided that they did not want the major projects by voting in for the opposition.

"We have to stop all major projects to Penang as this is what the people wanted. If we continue with the project it would be almost impossible for us to regain control of the State in the next General Elections,” the Malacca Chief Minister said.

"If we stop all major projects, the people would realise what they had lost and would then come back to the BN. This is the only way we could recapture the State in the future from the opposition," he told reporters after visiting the Menara Taming Sari project near Dataran Pahlawan along Jalan Merdeka, here, today.

The proposed Penang mega projects include those planned under the Northern Corridor Economic Region (NCER), the second Penang Bridge, the light monorail transit system, the Penang Outer Ring Road, the Penang Sentral and the RapidPenang bus service.

"The people in Penang have clearly rejected development and they want a change," he said.
In the March 8 polls, Umno only won two parliamentary seats and 12 state seats in Penang.

Is it time to look for ANOTHER Menteri Besar for Selangor?

Embarassing position taken by Opposition Menteri Besar...of course Manoharan who has been chosen by the people should be sworn in at the same time as every other State Assemblymen - and the said "Menteri Besar Tan Sri Khalid Ibrahim" (who is behaving just like any Barisan Nasional Menteri Besar) should have insisted on it and demanded also that the said M Manoharan be immediately released.

He should even have gone ahead and chosen the said M Manoharan as one of the Deputy Menteri Besars, at the very least as a member of the State Exco.

It is before the HRH the Sultan of Selangor that the swearing-in will happen and it is unacceptable for the Abdullah Ahmad Badawi (the current PM) to disobey the Sultan or to show gross dis-respect to HRH. But alas now this said "Khalid Ibrahim" has just endorsed the continuous detention of M Manoharan under the ISA - not even insisting that he be brought in for the swearing-in before the Sultan NOW - and if this opportunity is missed, M Manoharan will never be sworn-in any time soon....

And if true, "...Khalid had said that Manoharan's detention was a political issue....", he certainly does not deserve to be Menteri Besar of Selangor.

If true, what "...Bar Council vice-president Ragunath Kesavan said: "He should be sworn in with the rest of the assemblymen because he is elected by the people. Only then can his name be gazetted as a state assemblyman.

"Not doing so deprives him of his rights, such as his allowances and access to information and documents which can be delivered to him."...", then it is a grave injustice..

A Menteri Besar who does not even stand-up for the rights of one of his own Barisan Alternative State Assembly person --- who have been chosen by a significant number of Selangor persons as their representative DOES NOT EVEN DESERVE TO BE MENTERI BESAR.

What is the stance of the leadership of the Barisan Alternative --- forget this Manoharan - let him languish in Kamunting ....OR WHAT?



2008/03/16

‘Manoharan has right to take office quickly’

M. Manoharan won the Kota Alam Shah state seat

KUALA LUMPUR: The Bar Council disagrees with the Selangor menteri besar that there is no urgency for Internal Security Act detainee M. Manoharan to be sworn in as an assemblyman.

Bar Council vice-president Ragunath Kesavan said: "He should be sworn in with the rest of the assemblymen because he is elected by the people. Only then can his name be gazetted as a state assemblyman.

"Not doing so deprives him of his rights, such as his allowances and access to information and documents which can be delivered to him."

Menteri Besar Tan Sri Khalid Ibrahim had said it was not urgent for Manoharan to be sworn in as an assemblyman because he was not being made an executive councillor.

Khalid had said that Manoharan's detention was a political issue and the opposition in parliament would call for the Internal Security Act to be repealed.
Manoharan, who is being detained at the Kamunting detention camp, won the Kota Alam Shah state seat under DAP.

Ragunath said although Manoharan was in detention, he could serve his constituents by communicating with them through his family members.

He said it did not make sense for Manoharan to be detained for "being a threat to national security" when he was elected as the people's representative.

Manoharan, meanwhile, has expressed his desire to be present at the swearing-in ceremony of the Selangor government.

In a press statement issued by his wife, Puspaneela Manoharan, it was stated that Manoharan was also keen on being made an executive council member so that he could serve his constituents.

Cowards within the BN finds courage at last to fight for greater participation in decision making and more DEMOCRACY...

Now in a State, the Menteri Besar is suppossed to be a person than enjoys the support of the majority of the elected representatives to the State Legislative Assembly --- and that is how the Perlis Menteri Besar was chosen...and maybe that is what will happen in Trengganu too. No more will even BN members accept the practice of the PM (or the Head of BN) unilaterally deciding on who is to be the Chief Minister of a State. It is now SULTAN -vs- PM but clearly a movement against the dictatorial practices within UMNO and the BN - the cry is for greater participation in decision making processes and greater democracy... An UMNO member and a member of Parliament asks Pak Lah to resign and Pak Lah's response is send him to be disciplined... so if you are a member of UMNO or any of the BN component parties, you have NO FREEDOM to say whether you want Pak Lah to be PM or NOT. If you say Pak Lah should be PM, it is OK. But, if you say you prefer somebody else to be PM - you will have to face the disciplinary Board. Is there NO RIGHT TO FREEDOM OF EXPRESSION AND OPINION WITHIN UMNO AND THE BARISAN - I believe that the answer is obvious. Sultan Terengganu next to snub PM?

K Kabilan | Mar 15, 08 12:31pm

Signs are emerging that the Terengganu royal household is also set to follow the heels of the Raja of Perlis in appointing a menteri besar who is not the Barisan Nasional's choice, paving the way for a possible direct confrontation between the royalty and the federal government. This morning all 23 BN state assemblypersons from Terengganu were called up for a meeting with the state's Regency Advisory Council. The council representsTerengganu's 11-year-old regent Tengku Muhammad Ismail, whose father Sultan Mizan Zainal Abidin is the present Agong of Malaysia. The incumbent menteri besar Idris Jusoh - who is also Prime Minister Abdullah Ahmad Badawi's choice to lead the state - was not invited for the meeting. He was the only one not invited for the meeting scheduled to take place in Putrajaya. Idris was also believed to be in Putrajaya to meet Abdullah. In the aftermath of the general election, Idris led BN to a comfortable victory to retain the state by winning 24 of the 32 state seats. PAS won the remaining eight. He was expected to be sworn in on March 9 but the ceremony was suddenly postponed. According to an informed source, Idris had a massive fallout with Sultan Mizan. It is learnt that he has yet to have an audience with the king, who is also the Sultan of Terengganu. The source said the sultan has been unhappy with Idris for sometime now and is seriously pondering to replace him with someone who can work with the Terengganu palace. “The meeting involving the state representatives today is for the palace to put forward its candidate, seeking a total support for that candidate from the representatives,” said the source. “The council will also tell the representative as to why the sultan disapproves Idris' candidacy as menteri besar,” he added. Idris’ shortcomings It is learnt that the palace was unhappy with the manner the police and the Idris-led state government had handled the Batu Buruk riot on Sept 8 last year. “The sultan felt that the matter could have been handled in a better way, especially without any live bullets being fired,” added the source. On that day, a ceramah by polls reform group Bersih which was forcibly dispersed by the police turned into a riot with scores injured, including two PAS supporters who were shot by a policeman. The police have since claimed that it was done in self defence. "Similarly, the palace is also unhappy with the manner the police targeted PAS supporters on polling day in Rusila by firing teargas to disperse them. The palace feels that the state administration had influenced the police to act in such manner," he added. He further said that the sultan was also unhappy with the “apparent cockiness” shown by Idris during his tenure as menteri besar. “On several occasions, he acted as though he was the sultan, making decisions unilaterally and without giving consideration to the royal household.” At the meeting today, the regency council is also expected to tap into the apparent unhappiness among the grassroots Umno leaders in the state towards Idris, especially over his choice of candidates for the elections. Many claimed that BN lost some seats this time around due to boycott from Umno. Several names are being bandied as a possible replacement for Idris, the more popular ones being Ajil assemblyman Rosol Wahid, Cukai assemblyman Mohamad Awang Tera, Telok Pasu state representative Abdul Rahin Mohd Said and Kijal assemblyperson Ahmad Said. However, the palace is believed to be leaning towards Ahmad Said, who is also the Kemaman Umno division chief. A daily today called him a firebrand, but sources said that the palace has full confidence in him to lead the state . Double blow for Pak Lah It is uncertain as to how Abdullah would look into the role played by the palace in choosing a new menteri besar, especially with the rejection of his apparent choice. If the Terengganu palace proceeds successfully in naming a new menteri besar, this will come as a second blow from the royalty to Abdullah’s administration. Yesterday the Raja of Perlis, using the state consitution to his favour, named Bintong state representative Md Isa Sabu as the new menteri besar in place of Shahidan Kassim who was chosen by Abdullah to continue to be MB. It is learnt that Abdullah is standing by his decision to reappoint Shahidan to the post and has sent his deputy Najib Abdul Razak to meet all Perlis BN state representatives to find a solution. “Whatever happens in Perlis and Terengganu, one thing is certain. A constitutional crisis seems to be looming with the stand taken by the royalty against the expressed wishes of the prime minister,” said a constitutional expert.

Perlis MB confusion: Shahidan out, Md Isa in?

Perlis MB confusion: Shahidan out, Md Isa in?

Fauwaz Abdul Aziz | Mar 14, 08 3:10pm

Confusion reigns over the appointment of the new menteri besar for Perlis with the palace announcing one name while Prime Minister Abdullah Ahmad Badawi reveals another version. Earlier today, it was reported that Shahidan Kassim had failed to retain the post which he has held since 1995. Raja Perlis Syed Sirajuddin's private secretary Moh Adib Zakaria said that his highness had appointed Dr Md Isa Sabu as menteri besar instead. Moh Adib said Article 39 (2) of the state constitution states that the Raja can appoint whoever he feels has the trust of the members to be menteri besar. Md Isa is the state assemblyperson for Bintong. Later, Prime Minister Abdullah Ahmad Badawi said he has given Shahidan his appointment letter. "I gave the letter to Shahidan who is the Barisan Nasional (BN) Perlis liaison committee chairperson who won (in the elections). "The letter has to be presented to his highness the Raja Perlis so that he (Shahidan) will be appointed menteri besar and form the state government," he was quoted as saying by Bernama. Prior to the elections, Umno Perlis was embroiled in an internal squabble between factions led by Shahidan and, among others, Umno secretary-general Radzi Sheikh Ahmad over the choice of candidates. Gathering in Putrajaya This afternoon, backers of Shahidan had gathered at the Putra Mosque in the administrative capital of Putrajaya as a show of support. The crowd of 100 consisted mostly of Perlis Umno Youth members as well as ‘supporters’ who looked no more than 18 years of age. They were said to have come from Kangar in two buses. Shahidan was also present at the gathering - which was ostensibly to demonstrate Perlis Umno’s support for Prime Minister Abdullah Ahmad Badawi. At the time of the gathering, it could not be ascertained if the former menteri besar knew he had been replaced. Abdullah did not show up but BN deputy chairperson Najib Razak arrived at 1:30pm and immediately joined the Friday prayers together with Shahidan. Letter from PM Afterwards at about 2:15 pm, Shahidan was still speaking to reporters of the "letter" from Abdullah as the Barisan Nasional (BN) chairperson to the Perlis Sultan purportedly expressing his recommendation for Shahidan to be the Perlis MB. "The MB has not been appointed yet, but I have the mandate from the BN chairperson, and I am the one heading the Perlis government," he said. "If there is anybody else who has been appointed, then it means that the person is not from BN... If he is not in support of the (recommendation of) prime minister, then he is not BN. "How can the person be from BN if the person does not support his (Abdullah’s) choice?" he said. While the choice of MB is the prerogative of the Sultan, Shahidan said he will oppose whoever is appointed MB in his place. "Whoever is swore in other than me, I am of the view he is not from BN, and I will oppose him," said Shahidan. The Umno veteran also attributed the tussle over the post to "the work of hypocrites" and those who haboured "ill will" against him. "They instigate people (against me), these people who are hypocrites. Do not go near hypocrites, because God will cast them to the depths of hell," he said. 'They like me' Responding to questions about the reasons behind the gathering, Shahidan denied they were his group despite having earlier being seen issuing directions to them. Asked about the many who were wearing tee-shirts with his face on them, Shahidan replied: "Depa syok dengan saya" (they really like me). In a related development, Bernama said Md Isa has wide experience in administration, politics and education. Dropped from the list of candidates in the 2004 general election, the 61-year-old former state executive councillor re-contested in Saturday’s polls and won the Bintong seat, beating a PAS candidate. The former teacher who has been in active politics since the past 30 years, polled 4,882 votes to defeat PAS’ Mohd Anuar Tahir by a majority of 2,110 votes. "His appointment today also put to rest the poser and days of uncertainties over who would be appointed to lead the state," stated the news agency.