Wednesday, February 11, 2009

Hannah Yeoh - A Mockery Of Our Democratic Institution. Malaysiakini

Lately the lovely famous Hannah Yeoh Tseow Suan (DAP Candidate for N.31 Subang Jaya) have posted an article inside her blog title A Mockery Of Our Democratic Institution. After I read about it, I think I need to answer few of her question that she has posted.

I like her very much because she really can do her work and moreover she is the only YB that look beautiful, charm and nice but in politic some times we need to argue a bit.

My answer to her question is in BROWN colour.


To those who argue that the political crisis in Perak now is a taste of Pakatan’s own medicine (referring to the Sept 16 takeover plan) have failed to see the key differences between the two.

Jackie Lee : What’s the different. A Cross Over is the same as Jump Over (Frog) or Hopping.

If you remember what happened when Dato’ Seri Anwar Ibrahim claimed to have the numbers to form the new federal government, he wrote to PM Datuk Seri Abdullah Ahmad Badawi requesting him to convene an emergency sitting of Parliament. This was rejected by the PM.

Jackie Lee : Dato' Seri Anwar claimed to have MP's to Jump Over to form the new federal government. That is the correct sentence. Why PM want to convene an emergency sitting of Parliament, you think that there would be more than 30 MP's to jump over. Ridiculous.

The next constitutional option is to press for the dissolution of Parliament to make way for fresh new elections. That was also not entertained.

Jackie Lee : Why must be entertain ? The new government only form a few months only. It is impossible for a government with just a few months only have to listen to Datuk Seri Anwar.

Anwar Ibrahim exhausted the constitutional means that were available to him. If Pakatan were to act unconstitutionally and lure defections, then we will be having a new government today. But we didn’t and we will not act unconstitutionally. So you can’t say that Najib’s coup and Pakatan’s plan were one and the same.

Jackie Lee : It is not that the Pakatan Rakyat don’t want to act unconstitutionally. It is because for more than 30 MP’s to Cross Over is a very large number and no one dares to cross over. It means that Pakatan Rakyat don’t have the numbers - 30 MP’s to cross over.

What Anwar should have done is wait for a regular sitting of Parliament and then propose a motion for a vote of "no confidence" in the government. If he has the numbers, the no confidence motion will carry and it will then be up to the King to decide whether to call for a new general election or to invite Anwar to form a new federal government. (taken from one your comments)

Some may also say, well what about the earlier defection of Bota assemblyman, Datuk Nasarudin Hashim? Why did Pakatan Rakyat accept him? Why not force his seat to be vacated for a by-election?

Let’s keep things in perspective here. His defection was that of an opposition lawmaker to a governing lawmaker. His defection did not alter the balance of power in the State Assembly. Pakatan Rakyat remained as government, and BN as opposition. Status quo.

Jackie Lee : Please be materialized and realized that his defection still was a jump over or a cross over. And it didn’t make any different. The whole Malaysian people now are arguing about Cross Over or Jump Over. It is not about who is to remained as the government.

Logically and intelligently, anyone can safely assume that Pakatan Rakyat didn’t need a defection from BN. Thus, he defected on his own accord and on his own will. There was no need for Pakatan Rakyat to force him to vacate his seat as he did not win the seat on a Pakatan ticket. The Pakatan government really has no standing in forcing him to vacate a seat which wasn’t earned by Pakatan in the first place!

Jackie Lee : Talking about defection, I think the whole Malaysian still can remember the SEPT 16. If I was not wrong, that time the whole country feel the pressure during the Sept 16 including me, during that time we all believe that BN will go down and Anwar is on the way to Putrajaya. Everyone are talking about it even in Mamak Shop. But when Sept 16 arrived... oh.. I was wrong and on Sept 24, oh.. wrong again and then somewhere in Oct, again everything was wrong and wrong again ............

I must say that I had great respect for Sultan Azlan Shah. Until yesterday. I wonder how he could possibly consent to the formation of a new BN state government when, constitutionally, a government is still in place. And to even approve to a new Menteri Besar when the existing one is still in office?

Jackie Lee : According to the Perak State Constitution. Article XVIII (2)(b) and Article XVI(6), the Sultan already mention that he made the decision according to the articles and hence after meeting with the 31 assemblyperson and they told the sultan that they are giving their support to BN. So if we in that position what would we do ? Refer to the article inside the Perak State Constitution.

How can any state have two heads of government at any one time? There can only be one Menteri Besar of Perak. This is a mockery. The Menteri Besar can only be removed by the State Assembly via a vote of no-confidence or via the dissolution of the assembly. And none of these two constitutional means has been requested by BN. How can anyone claim that Najib and Anwar are one and the same?

Jackie Lee : How can any state have two heads of government at any one time ? MMMmmmmm ....... Because the other one still think he is the elected Menteri Besar.......... and still want to stay inside the offical Menteri Besar residence...... you all know lah....very BIG BANGLO ...... where to find for free stay..... F O C .....

Next, the Sultan called for a “unity” government to be formed by BN and the Independents. Let’s be clear about this. The Independents are in no way legally bound to represent BN. Well, at least not yet, not till they officially become members of a BN component party.

Jackie Lee : The Independents are in no way legally bound to represent BN ? If no legally bound, charge the Barisan Nasional in the courts and see whether it is valid or invalid ?

All that the Sultan and Najib has from them is a verbal assurance that “we will be friendly to BN”. And just by appearing in a press conference with Najib, it justifies the change of government? What if, next week, these Independents were to be seen in a press conference with Pakatan?

Jackie Lee : What if, next week, these Independents were to be seen in a press conference with Pakatan? Then the Pakatan can become state governments. Ha...ha....ha.... Simple mathematics.

A real “unity” government envisioned by the Sultan should have been an all-inclusive government of Pakatan, BN, and the Independents. Pakatan and BN each have 28 seats, and the Independents, three. Thus, no single party or coalition has a commanding majority. If there is to be a “unity” government, it calls for a new coalition of PR-BN-Ind, which is impossible.

Thus, what the Sultan has called for is simply a name without substance. What “unity” is there if it’s going to consist of only single-minded representatives – all “friendly to BN”? That’s not a “unity” government, it’s a BN government. This is a mockery of the intelligence of Malaysians. This is a beginning of what is to come with this PM-to-be.

Jackie Lee : This is not about single-minded representatives or all friendly to BN. It is just that a loss is a loss. When we lose our majority, we have to accept the facts that this is all about politics. The Pakatan has done all the barking where else the Sultan and Datuk Seri Najib until now just keep quiet.

Attention Everyone : SHE HAS MARRIED.


Anonymous said...

Hi Jackie,

I personnally do not agree on cross over in either ways as its betray the people who vote and the democracy.

However, the crossover causing the PR goverment losing its majority, the consequence is huge. Somemore any take over must follow what have been stated in Perlembagaan. In Addition, there's questions on the validity of the resignation letters which can only be questioned if taken to court and decided by court. That's why we need judiciary system.
Think it rationally..

Maybe you should revise your Form 6 Pengajian Am text book about Perlembagaan in details if you sat for Form 6 before.

The take over can be done through the votes in state assembly if the dissolution is not allowed. This is what accordance to the Perlembagaan. And that's why we have Perlembagaan.

If everything follow PERLEMBAGAAN and LAWS there will be no issue. There will not have 2 heads of government as what you mentioned.

Jackie Lee said...

Reply to Anonymous,

Basically I'm not supporting anyone. It is just that all this mess happen because of one person, Datuk Seri Anwar.

What Karpal Singh said was right. The whole idea of cross over started last year. Me as a bloggers with every bloggers in Malaysia will understand the feeling before Sept 16.

Cross Over never stated in Perlembagaan but it happens. Let this be a lesson to everyone in the future that cross over is not a good idea at all.

Anyway I really support what you have mention but at least let it be a lesson to Barisan Nasional, Pakatan Rakyat and assemblyperson.

Anonymous said...

well jackie is right= whatever spin the opposition puts up to castigate PR members 'jumping'over to BN can be equally applied to those who cross over from BN to PR

mr anonymous-u reckon your 6th form constitutional classes is cast in stone and the army of legal advisers in the palace or BN would not have carefully scrutinize that special piece of paper to protect their interest?
welcome to the real world of politics and not classroom rhetorics!!
jackie you did a marvellous job on a point to point rebuttal of the not so convincing argument on this frogleap issue by our aggrieved PR MP
the dictum that those living in glass houses should not be throwing stones aptly summarized PR sad tale and saga of losing a hard won state which i think they have manage extremely well given the limited resources available to them

Jackie Lee said...

Reply to Anonymous.

Thank you very much for your comments. In politics anything can happen. I don't think that the Sultan nor the Barisan Nasional is that crazy to do something against to law or any of the consitution stated.

Well we all know that Datuk Seri Nizar is no longer MB of Perak. That was history. If Pakatan Rakyat manage to take over, I don't think the Sultan is keen to install him again as MB. At the moment Datuk Seri Nizar said they are the caretaker governments of Perak state.

All in all, we all need to remember the events last year. SEPT 16.

Because of this events, to create a new Pakatan Rakyat government, the whole country are singing together with Datuk Seri Anwar.

Now the thing just happen in Perak state only (cross over) and all of us are against the hopping.

Remember during Datuk Seri Anwar mention more than 30 MP's to jump over, there is no one standing on the street and shout THIS IS BAD instead they were supporting the Barisan Nasional to collapse as soon as possible.

Ask all the bloggers around Malaysia whether I'm right or wrong. Those who blog should understand the meaning I have mention here.

Anonymous said...

Mr Anonymous no.2,

Emm..I'm not quite agree on your statement here..

Are you telling us to throw away our law books as well?

Due to anything will happen in the real world, that's why we need perlembagaan and perundangan as a benchmark, guideline.. Otherwise will be very subjective, who is right? who is wrong? gray area? then the world will be messy.. "subjective" is very easily abused. Different ppl will have different perception..

Anonymous said...

from anonymous 2 to ano.3
are u suggesting that the palace or BN has breached the sacrosanct constitution-theres nothing vague or subjective about constitutional law-its the interpretation
we can argue till the cows return but suffice to say the takeover is legitimate and sanctioned by the monarch .BN has the nos to form a government 'acquired' thro defection or otherwise.