Monday, September 8, 2014

Without quick justice, PAS politics will stay criminalized with palace 'aiding and abetting'

Constitutional experts say that Malaysia, unlike Thailand, does not have lese majeste laws, which criminalises offences against the monarch. – The Malaysian Insider pic, September 9, 2014.

Sending the political class in Selangor into a tizzy, most people are so outraged by the rising tide of criminals in politics The key problem is not that PAS politicians are inherently crooked or criminal. Rather, the  PAS ulama and their syura council  system gives a huge incentive for criminals PAS is already losing its credibility big time. It should at last guard whatever little it has left. Sabotaging DAP’s and PKR’s effort to make Dr Wan Azizah Wan Ismail the new Menteri Besar of Selangor and telling Malaysians that HRH the Sultan of Selangor is behind this sabotage is taking Machiavellian politics a bit too far.PAS is already losing its credibility big time. It should at last guard whatever little it has left. Sabotaging DAP’s and PKR’s effort to make Dr Wan Azizah Wan Ismail the new Menteri Besar of Selangor and telling Malaysians that HRH the Sultan of Selangor is behind this sabotage is taking Machiavellian politics a bit too far.
Even Machiavelli had his limits and he was not even a Muslim who upheld Islamic values or nilai-nilai Islam. I am beginning to wonder whether Islam is any longer the agenda of PAS or are some people in PAS planted moles of Umno who are being paid handsomely to break up Pakatan Rakyat (and blame the Sultan for this breakup)?

Unprecedented constitutional monarchy to re-enter active politics? Command and control:The future: Does no one care?

One of the disadvantages of being around for a while is that you can’t be easily fooled. That’s the privilege of the young and inexperienced who are often waylaid by hope. Niccolo Machiavelli, the canny philosopher, said that those who deceive will always find those who are ready to be deceived. They are drawn to each other like moths to a flame.
But before I step away from the man who fathered modern political theory, I would like to quote him once more. Even though he lived in 15th century Florence, Machiavelli got the idiom of our politics just right. A promise given was a political necessity of the past, he said; the word broken is a political necessity of the present.But if our past was so great, if our leaders were so wonderful, our culture was so rich, how come we are in such a mess today? How come every time we boast about our achievements, we only wallow in shallow nostalgia? We are constantly copying others or ourselves.

Sultan of Selangor and Khalid
How the soap opera unfolds from here will ultimately depend on how convention has been tempered by the precedent set in 2008 and the wisdom of the Sultan.
The issue  before us is whether the discretion to appoint Dato Seri  Dr. Wan Azizah Wan Ismail is still with HRH Tuanku Sultan of Selangor. University of Malaya Law Professor Gurdial Singh Nijhar says that HRH has little choice but to appoint her as the new Menteri Besar since she commands the support of 43 out of the 56 members of Dewan Undangan Negeri (State Legislative Assembly) in accordance with Article 53(2)(a) of the Constitution of the State of Selangor. In truth, HRH has the option to ask for additional nominees before he makes up his mind. It cannot be ruled out since that is his Royal prerogative.readmore
http://themalaybusinesstribune.blogspot.com/2014/09/unprecedented-constitutional-monarchy.html
Constitutional experts say that Malaysia, unlike Thailand, does not have lese majeste laws, which criminalises offences against the monarch. – The Malaysian Insider pic, September 9, 2014.That Malaysia is a constitutional monarchy in a parliamentary democracy is a fact. But there are days when Malaysians will have to reinforce that fact about Malaysia.
That fact about Malaysia cropped up yesterday when the Selangor palace used the word "derhaka", or treason, to describe the actions of PKR and DAP in only nominating Datuk Seri Dr Wan Azizah Wan Ismail to replace the incumbent Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim.
The Selangor ruler had requested for more than two names and only PAS complied. Not PKR or DAP, which together with PAS, form Pakatan Rakyat.His Royal Highness the Sultan of Selangor is feeling slighted (murka). DAP’s and PKR’s defiance plus the many insulting and biadap comments posted in the social media by the DAP Red Bean Army, Pakatoons and ABU activists just make matters worse.
And do not think that HRH the Sultan has not read all those nasty comments that would make even the most docile person’s blood boil. I suppose, since they want a fight then they have a fight on their hands. It is what they have been spoiling for this last month or so.
Over the next three days, HRH the Sultan is going to meet three of the PAS EXCO members whom PAS President Abdul Hadi Awang proposed as the candidate for the new Selangor Menteri Besar.
The two parties received a royal reprimand and "derhaka" was used.
But constitutional experts are clear that unlike Thailand, Malaysia does not have lese majeste laws, which criminalises offences against the monarch.
Because the Federal Constitution is clear that we are a constitutional monarchy and treason is not an offence in the law books. And no one has ever been charged with such a crime because it does not exist.
Lawyer and criminal law lecturer Datuk Baljit Singh put it succinctly that under the law, one can only be charged with waging war against the King and Rulers under Section 121 of the Penal Code.
Not submitting more than two names is not treason or any offence committed, he said.
Constitutional expert Dr Abdul Aziz Bari said the same thing last night.
"To my knowledge there is no law in Malaysia that criminalises treason. Treason is not an offence.
"Unlike in Thailand where it is an offence. Anyone who is considered rude to the king be punished and so on. That's their law, but that does not exist here," he added.
Yet, there are times when we forget what the Federal Constitution defines what is right and what is wrong in our country. It is the supreme law of the land and we must ensure it is respected by all.
That we are all equal before the law. That we are a constitutional monarchy in a parliamentary democracy. Any other notion is false and does not exist in the Federal Constitution. Let's remember that
Parti Keadilan Rakyat (PKR) and DAP's action of nominating only PKR president Datuk Seri Dr Wan Azizah Wan Ismail for the mentri besar post, in contravention of the Selangor Sultan's decree to submit more than two names, is deemed an act of treason.
A palace statement, which was signed by the Sultan's private secretary, Datuk Mohamad Munir Bani, said the action of PKR and DAP was insolent and tantamount to contempt of royalty.
He said the Sultan was "very disappointed" with the action of the two parties in disobeying his decree. Only PAS has abided by his decree by submitting three names.
He said Sultan Sharafuddin Idris Shah's decree for the three Pakatan Rakyat parties to submit more than two names was a practice of convention.
"This is to enable His Royal Highness to choose the next mentri besar not only by looking at which assemblyman commands the majority support in the state assembly, but also in terms of skills, experience, integrity and ability of an assemblyman," he said.
"Such qualities are important to ensure that the state administration runs smoothly for the benefit of the people of Selangor," Mohamad Munir said, adding that Sultan Sharafuddin was confident that there were many candidates within the Pakatan who have the qualities to administer the state.
"The Sultan will review the names submitted and will consider all aspects in evaluating each candidate before making a decision," he said, stressing that the power to appoint the mentri besar is vested solely in the Sultan.
"His Royal Highness will also review other assemblymen from Pakatan Rakyat who are qualified and whom he deems enjoys the support of the state assembly," he said.
Both PKR and DAP has listed Wan Azizah as their proposed candidate for mentri besar, despite the Sultan having initially rejected the proposal on grounds that he would need more than two names for consideration.
The Sultan had instructed all three parties to nominate more than two candidates each for his consideration by Sept 3, but PKR and DAP had insisted on nominating Wan Azizah alone.
PAS had initially said it would submit two names, Wan Azizah and PKR deputy president Azmin Ali, but its list sent to the palace by PAS president Datuk Seri Abdul Hadi Awang last week contained three undisclosed names.
Hadi had repeatedly opposed PKR's move to install Wan Azizah as the new mentri besar.
Meanwhile, Selangor PAS secretary Mohd Khairuddin Othman in a statement today urged DAP and PKR to abide by the wishes of the Sultan.
"We regret that the Sultan is upset with what has happened. We implore our friends to abide by the Sultan's wishes as going against it will not get us anywhere," he said, adding that it was best to solve the matter soonest possible for the sake of the Selangor people.
In an immediate reaction, Azmin urged PKR leaders and members to remain calm and not make any rash decision that could aggravate the political situation.
"Admittedly, we are now facing some difficulties, but I'm sure that with unity within the party and Pakatan Rakyat, PKR will be able to overcome this," he said.
"I hope both leaders and members would remain calm and collected in the situation. We will use our wisdom to make the best of the current situation," said Azmin, who reiterated PKR's commitment to Pakatan and called for the bond within the coalition to be strengthened.

HRH Selangor Sultan Dont let your subject to exerts moral pressure in order to accommodate PAS readmore http://themalaybusinesstribune.blogspot.com/2014/08/hrh-selangor-sultan-dont-let-your.html



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