BN: Don’t Be Fooled by Pakatan

While it is an unacceptable act by Pakatan to protest, vigil, strike or demonstrate, BN should be cautious not to dance in accordance to their tune. Whether it is a provocation or political struggle, BN should use the soft approach for the rakyats to justify those actions. The police force is suppose to be an independent body. The people would hate BN government more if they are acting harshly. Let the rakyat see how effective is the Pakatan government in ruling the respective states in such manner. Pakatan will spin the message that we are having an authoritarian government. BN need to play the game well to regain popularity. Issue such as demanding Chin Peng’s return should be considered as I really do not see any threat by such person at that old age. By allowing his return, it will more or less attracts some Chinese supports unless there is concrete evidence that MCP is still alive today, which is unlikely. I am sure Pakatan will provoke and stir more political problems in order to trap BN into unjustifiable arrest or unwise remarks so to maintain their support until the next election. In short the message required is nothing more important than having a fair and sensible government. Ultimately the government is to deal such predicament by understanding the voice of the people. Prioritise national interest – endure a truly united, successful and peaceful nation is the best solution.

Gerakan Dilemma

As our country changes and we face new challenges to sustainable growth and development, new political agenda’s surface allowing for new political objectives, strategies and leaderships. We all know public perception and support can be significant cause to decide the faith of a party.

Since Gerakan was ousted in Penang, over time, negative remarks and perception of the party is nothing new. Recently I again encountered the same but interestingly none of them who commented knew that I am from Gerakan. Words like “I see no future in Gerakan; by losing the political jewel of Penang, Gerakan is counting their D-day; Gerakan is going to be irrelevant and soon goes into oblivion; Gerakan is a mosquito party, no one actually bothers; Gerakan is a shadow of UMNO – can never stand up against UMNO; Gerakan’s claim of multi-racial and its quest to the consicence of BN is no more appealing; Gerakan’s emphasis on the Constitution and Rukun Negara has lost its value; Gerakan has lost in touch with the grounds and largely ignorant of public perception and as it is, unless there is some major transformation, Gerakan will remain stagnant if not get worst in the political arena; Gerakan is a sinking ship etc”…Wosh! aren’t these remarks discouraging?

Time flies, we are approaching the second half of the year. Some of the aspired and talented leaders have left or became dormant in the party. Many within the family are losing their steam to struggle for good cause and being uncertain with the party’s wavering vision. Several members who maintain a proactive attitude are there for the passion or ironic selfish agenda. Some are still ignorant of the reality. The rebranding and reform exercises has yet to lead the party anywhere fruitful. Although many meetings were conducted especially among the CCs, such time is squandered. Leaders prefer to keep quiet and compliant during the meetings and then voice or blog their objections to the whole world later. Some are in fear of the consequences of voicing ideas, opinions and taking actions that may be different from or against the President. Some have the fire but lack of support and resources. Some want the party to leave BN without understanding the repercussion of it. Some blame it on the president and demand a change, worrying that the latter is not championing the cause of the party as a whole. Generally most just wait and see, hoping for the best before they can restart their engine. Relatively all these are a legitimate concern and behaviour but we must be radically practical.

The above culture is definitely counter-productive and potentially destructive. Legitimacy is one thing, none of us (in the party) want to hear that had the party been able to achieve unity and common struggle for the same good cause, Gerakan could have acted more forcefully and cohesively in averting demise!

However one of the critics did mentioned that Gerakan is getting stronger in the federal cabinet and by having good relationships between the president and PM, it would not die easily. Others within the party are optimistic that with the present memberships, potential leaders, 6 representatives (state and federal) and assets, there is still a bright future as historically it is proven that our political scene fluctuates. Positively, like it or not, the party has a Minister and two Deputies, a wonderful HQ, a new website, a reorganised SEDAR and many are still actively serving and voicing out in the media. Thus Gerakan can still be relevant and become an effective party.

Now having said the above, I of course want to see Gerakan regaining the golden years instead of surviving the relegation battle (yalah still EPL mood). To do that, Gerakan must encourage a strong and united team – a sincere one. The culture of nodding heads attentively, verbal affirmations and praise, having sides and favouritism will be a negligence. Gerakan must realise that disagreement does not equate anarchy or disrespect. It starts from the top to instil such culture. This will be a great start. Some of the feedbacks I received within the party are the members have no clear objectives nor particular direction to motivate them to commit. A healthy organisation or political party is not about its committee members only. Although intellectual capability and educational background may be an important criteria to keep the party moving, one must not neglect the hardworking, committed, passionate, idealistic and faithful members of the party. Like it or not, by having such a vast experience, I am sure the President has a constructive plan and purpose in mind, it is only a question of execution.

As a whole, Gerakan knows the party need to regain its multiracial origin, although it will be an uphill task, the party need be different from PKR or DAP. After all non-sectarian party was initiated by Gerakan. But the truth is, in Malaysia, race matters. The party’s modus operandi and ideology need to be recalibrated if Gerakan wants to win back support from the rakyats, grassroots and component parties. The party learned from mistakes, losing touch with the grassroots and grounds, arrogance, contention and incompetence had cost Gerakan dearly. In essence, I see many potential and sincere members where everyone should draw their collective wisdom, knowledge, intelligence and experience, each being united and committed to the party. Gerakan must start moving. Yes, Gerakan will shine again.

BN’s solution

In a nutshell, so what Zambry is the rightful MB now? Is there any significance of all the courts’ decisions so far? Pakatan lawyers decided to appeal to the Federal Court. Pakatan assemblymen and its supporters will not accept the decision and remain defiant. They will still consider Nizar as the chief. Where do we go from here? Let the wave flows until the next general election? Indeed it is true, the imbroglio and uncertainty is never ending as there are different school of thoughts. Dissolve and call a fresh election to please Pakatan? Why would PM Najib wants to take a risk in holding power in the state knowing that it would be a burden? Is the intelligence doing groundworks to justify a favourable date?

Perhaps a fresh election is not a bad idea after all BUT BN must first re-educate the people on whatever transpired over the last few months was not mala fide or by fraud. The PM did a good job by explaining the situation but not many are convinced. The fundamental principles of democracy in any system of government must be stated clearly. The crossover and perceived electorate’s demand is a separate issue. Whether it was Anwar’s failed mission to justify the alleged Najib’s plot is very subjective, depending which side one supports. After the last general election, BN was the one gained majority in the state. The Sultan appointed MB Nizar after the opposition parties merged conveniently was never conducted in the state legislative assembly. The Sultan in Terengganu even had the prerogative to appoint another MB who was not nominated by BN. As Najib queried, would Anwar has been successful last September, will he dissolve the Parliament? In short the legitimacy of the take over must be proven and explained to the ground. Then BN can gentlemanly together with PR request the Sultan to dissolve the state assembly. Subsequently even if BN loses the election, at least there is an absolute position and BN will be able to admit defeat or release the burden gracefully.

Is Pakatan behaving like a Government?

Since last year to its own peril, BN may fail to read the political mood correctly and thereby exploit it to its own advantage. Actions such as the detention of lawyers, vigilants and erroneous statement by certain leaders need to be cautioned. Time and time again they fell into the Pakatan traps and danced to their tune.

So where are we heading? What is the expected role of opposition or government? Although Pakatan is the Opposition at federal level, many still perceive them as the traditional antagonist in all states. Some say Pakatan is still very much at infancy stage, the public, supporters and even Pakatan members themselves are in wonder and inadequate vision. Pakatan leaders are fond of organising demonstration, blogging, press-media attractions, protesting and candle-light vigilance in their own states! Did the electorate voted them in to shout aloud? Of all, it is apparent that only CM Lim Guan Eng realise the repercussion of maintaining such mindset after few months of taking over the state. Do the people realise that BN is the Opposition in Selangor and Penang? What are DAP representatives trying to prove by constant protest and vigilance in Selangor? Are the PKR young Chinese supporters in Bersih and Suaram truly understand their struggles? Can the Pakatan’s government justifies their action to have an effective administration for the sake of the states? I wonder if Pakatan takes over the federal government tomorrow, would the activists, NGOs, Bar Council and reformists switch over to support BN?

While being in power at federal, BN should be the one doing the shouting, protesting and criticising against the state governments of Pakatan. For this perhaps even BN has not come into realisation of the same. Umno especially at division levels are still dominated and driven by attitude that business opportunity and money play an important role in political life. Against the backdrop, the opposition parties did not seem to offer much particularly from PKR. Political parties from both coalitions should stop the spinning and destabilising the tone to strike a compromise. By not realising the significance, the country as well as the states will be facing more setbacks in their participation in the global order. Malaysians deserve closer scrutiny in understanding that the economy, peace, education, nationalism and unity is more important than all the talks about power, reforms and rights.

No man is above the law

In a globalised world, many decisions are dictated by transnational forces over which nations have no control. These are the realities everywhere; constitutional principles and the rule of law have to compete with a myriad of other dynamic forces that shape the direction of society. Not only the ordinary Malaysians, a principal characteristic of civil society is the commitment of the public authorities to observe the law not as a matter of discretion, but as a matter of necessity and commitment. The state’s moral legitimacy in enforcing the law lies in its obedience to the law. Adherence to the rule of law is central to that hypothesis.

Parliamentarians and state assemblymen are supposed to perform important matters of the nation and state. Looking at the 7/5 incident in Perak, one can say that the politicians are more concern with power rather than the respect for the law. The centre of gravity of the august house function seems to reside in the political leaders. Although the executive should have power to do what they seek to do, and where this is so, it is not the function of the courts to deny the power legitimately conferred. Executive power does not lie with the courts. While it is important that the courts develop our own public law jurisprudence, this development must be an informed one. Slandering, lies and accusation against the judiciary and political parties can never be justified for not obeying the law. The people of Malaysia must realise that even the King, Sultans, PM, MB, Speaker and Aduns in exercising their functions must be carried out in accordance with the law. It is high time for us to straighten the bended mindset of the system – the rule of law is supreme.

Can ’stay’ or not?

“I have been advised by my lawyer that a declaratory relief cannot be stayed” said Datuk Seri Nizar Jamaluddin yesterday. As a result ‘MB Nizar’ is applying to set aside the stay order. A friend recently asked: “Apa itu ’stay’? ‘Stay at home’ I tahulah!”

Legally speaking when a stay is allowed, it simply means that the effect or operation of a judgment, order or decision of the court is suspended ie back to status quo. The expression ‘a stay of execution or proceeding’ refers to both the process of reaching a decision, including the decision itself, in so far the authority in question is susceptible to judicial review. An appeal does not operate as a stay of execution under the decision appealed from unless the High Court or Court of Appeal so orders. The fact that an appeal is going to be instituted does not operate as a ground for granting a stay.

Since the MB v MB case is of public interest and importance, there is nothing wrong for the court to hear its proceeding in such urgency and by a single Court of Appeal judge (YA Raus Sharif): sec.44 of the Courts of Judicature Act 1964, rule 13. Nothing bars a court, in appropriate circumstances, from exercising its inherent powers of granting a stay. With respect, I consider that there was ample materials and grounds for the Court of Appeal judge to have exercised his discretion by allowing the stay and his decision to do so was in no way contrary to earlier ruling of the High Court’s declaration. Thus whether a successful appeal to the MB would be rendered nugatory or academic by a refusal to stay execution, is a relevant consideration. (take note that I am not supporting the ‘musical chair’ in the legal battles of Perak but merely to express the legal standing of the situation).

What about a declaration or declaratory relief? Apa itu exactly? A few weeks back, a DAP lawyer claimed that a declaration by the court is not binding and of no force where parties cannot coerced to abide it – perhaps a definition I believe my learned friend quoted it from the dictionary to impress the media or in partisanship.

Legal purity would demand that a declaration as defined above was outside legal power are invalid or merely an opinion, but this does not lead to the conclusion that the decisions are for that reason not binding. The court make declaration on the rights of a party without provisions as to their enforcement. It has been noted that the remedy is available to ensure that an administrative board or other authority set up by Parliament makes its determination in accordance with the law. It should only be granted in respect of justiciable concerns. Previously there were decisions such as in Lim Kit Siang, Othman Saat and Nordin Salleh cases, involving declaration orders and was binding on the parties to the suit (as in sec 41 of the Specific Relief Act 1950).

As to the current situation, a unity government or a fresh election should be decided constructively considering Pakatan still maintain the support and sentiment in their favour since last election. To surrender? Well depending on the perspectives and it will be unwise to dance according to Pakatan’s tune. The crisis is an advantage for them to hold as a trump card for future election not only in Perak but nationwide. Perhaps a headline of “BN with the majority in the assembly gives in for the sake of the State” would creates an interesting history.

BN and PR to sort out Perak?

Over the past weeks, I encountered different arguments, for and against the situation in Perak, much depends on which side does one stand for. Not about siding? Unfortunately it seems to be the case, no matter how convincing and sensible your argument is. Most will not agree for the two to work out a solution even if the PM is sincere to cooperate. To them most of BN suggestions and actions are constantly ridiculed, demonised and disrespected. BN is doomed in Perak, a suicidal. Justified or not, the exco, speaker, police force, judiciary, financial institutions etc are often criticised in the heat of political scrimmages.

However there are also some who realised that no one gains from constant condemnation of the government. They insist to compromise, by allowing BN to change for the sake of stability and better life. To think about it, we are indeed heading to a healthy democracy. It is only a question of leadership on how to change the mindset of the civil servants. Our society is better served when the government from both BN and PR truly understand the concept of ‘wakil rakyat’, with check and balance base on equality and fairness, not merely doing it for political exigencies. It is encouraging to see Lim Kit Siang and Anwar Ibrahim agree to discuss on a solution with the PM. We Malaysians want a strong, loving, clean and supportive government.

[Latest: The rightful MB of Perak has no majority support in the assembly, indeed a constitutional crisis]

Double Peraks : Pakatan Should Be More Gentlemen

We have ‘two MBs and two Speakers’ in Perak’s standoff just now. Let us not complicate the whole ‘crisis’. Issues related to suspension, Speaker’s standing and subsequent courts’ decisions are secondary. The whole thing started due to the three Aduns.

No democracy in Malaysia? If this is the case, was it possible for Pakatan to win so many seats in the last general election? Were the pre-signed resignation letters, a democratic practice? Is the Speaker sitting next to Pakatan leaders a neutral and impartial party?

Why don’t the Sultan dissolve the state assembly and call for a snap-election in the name of people’s power? Why should HRH do it when Pakatan has clearly lost majority vote of confidence in the assembly? Were the three Aduns bought over by BN? Cut the crap and talk to Anwar Ibrahim, the one who started the cross-over game (even back in 1994 where he initiated the defection at Sabah). This is what democracy all about. In fact the three Aduns did not even join BN but as independents in support of BN.

Warzone or police state in Perak? Knowing that a group of people is going to stir trouble and cause public uproar at the state assembly, what can one expect the authority to do?

Pakatan in Penang has also banned newspapers that critised them. Pakatan in Selangor stated that they will not declassify local council documents which are to remain under OSA. Pakatan decided to use the Federal Court’s judgment (which they alleged of no force), for another MP to sue the Speaker of the Parliament.

Pakatan should has maintain their integrity and play according to the rules. Although the BN government in Perak now may not represent the voice of the electorate, Pakatan simply do not have the majority vote of confidence in the assembly. Pakatan should blame it on their choice of candidacy instead.

Whatever judgement (who is the rightful MB) to be decided by the High Court this Monday will serve no useful purpose. Why? If it is in favour of Pakatan, they will celebrate and praise the judiciary but BN will then appeal and commence a state assembly seating to motion a vote of no confidence. Conversely if the decision is against them, Pakatan will make all sort of accusations against the judiciary. Never ending story…

Gerakan to shine in Sabah?

Ok the rumour is confirmed, unsurprisingly Datuk Raymond Tan Shu Kah (along with YB Aw Kam Wah) is joining Gerakan. Both of them are the current Deputy Chief Minister and state assemblyman (Elopura) respectively. Last October over one hundred of them from Elopura consituency resigned from SAPP, including previous Deputy CM Datuk Tham Nyip Shen and political secretary Jimmy Wong. They chose to remain loyal to BN despite criticisms from SAPP supporters. Subsequently after about 2000 resignations from different SAPP branches, Datuk Raymond did not rule out the possibility of registering a new party.

Well, let me ponder for a while…ok, I welcome them into the family. Their sincere contribution and struggle will no doubt serve the party positively. But why Gerakan? Putting aside the reason of similar ideology or old friends among the leaderships, is there someone behind this decision? LDP, PBS and MCA tried to dislodge him from the Cabinet and not surprisingly he considers Gerakan as the best option. Yong Teck Lee must be annoyed with his decision to pull out from BN last 16 September hoping that his action is palatable to Anwar Ibrahim. Fortunately or unfortunately the alleged takeover did not occurred. The plot never varies and many are familiar with Yong’s intention by now.

It is still very early to predict what will be Gerakan’s future in the east. In the past Gerakan’s branch in Kota Kinabalu has been a pathetic one and I am sure with the two joinning in, we can expect changes. Whether the grassroot is happy with such decision and the question of strength or influence remain to be seen. I wonder in future election, will BN allows Gerakan to field in candidates of the constituencies similar to SAPP previously? Would the CM allow Raymond to hold the DCM post for long? Or are we deluding ourselves with the numbering game or a thumbscrew discovery?

What about the reaction of the comrades inside Gerakan? Is Raymond going to be the next President? Of course all these questions are mere guessing games but I am sure there are some quarters within the party may need to change their political strategy. Life in politics is a never-ending game that require constant vigilance and tactical thinking.

Koh Tsu Koon di Harakah

Selepas makan tengahari tadi, saya dimaklumkan bahawa muka Tan Sri Dr.Koh Tsu Koon bersama Datuk Chang Ko Youn disiarkan di muka hadapan akhbar Harakah hari ini. Tajuk besar dinyatakan sebagai: “KOH TSU KOON SETUJU HAPUSKAN ISA”.

Sedemikian berlaku disebabkan satu dialog yang dianjurkan oleh Parti Gerakan pada 23 April lalu. Tujuan utama dialog tersebut adalah untuk Gerakan lebih memahami dan meneliti kedudukan Akta Keselamatan Dalam Negeri (“ISA”) di kalangan orang ramai, sebelum menyediakan suatu memorandum dengan sewajarnya. Tidak ada seorang para media atau jurugambar luar dijemput. Pada sepanjang masa yang material, saya juga berada di dalam bilik perbincangan tersebut. Walaupun Tan Sri dengan rendah diri mempertimbangkan segala hujahan dan keluhan dari mereka yang hadir, saya percaya isu mengenai persetujuan bahawa ISA akan dimansuh salah ditafsirkan. Sememangnya adalah salah satu objektif Gerakan untuk meminda atau menghapuskan ISA tetapi Harakah tidak sepatutnya menyatakan tajuk sedemikian semata-mata Tan Sri yang kini berada di dalam Kabinet sengaja membantah kehendak PM untuk meminda akta tersebut. Pada hakikatnya beberapa ahli-ahli Gerakan yang hadir ada menyuarakan perlunya satu pertimbangan di antara penyalahgunaan kuasa, hak asasi manusia dan keselamatan negara jika ia benar-benar diancam oleh kumpulan ekstremis atau pengganas.

Diharap berita di muka depan Harakah itu tidak akan menjejaskan kedudukan Gerakan atau saudara Presiden memandangkan bahawa sayalah yang menjemput En. Syed Ibrahim dari GMI, En. Malik Imtiaz dari Hakam, Asoc Prof Azmi Sharom dari UM, En. Andrew Khoo, pegerusi Jawatankuasa Hak Asasi Manusia BC dan saudari/saudara dari Badan Peguam pada malam itu. Tak tahu siapakah di antara mereka yang menyerahkan gambar tersebut kepada Harakah. Sebenarnya kewujudan di akhbar tersebut tidak menjadi isu (yang mana akan disuarakan oleh segolongan pihak) tetapi Gerakan mempunyai pelan dan cara sendiri untuk melaksanakan sesuatu kausa demi kepentingan rakyat dan negara.

Pada keseluruhannya, pertemuan tersebut adalah amat informal di mana ia diakhiri dengan pengambilan gambar dan jamuan makan malam bersama Tan Sri.

What? Spanish Flu?

I read the other day about the spanish flu pandemic back in 1918 that killed millions of people worldwide. Now the so-called swine flu is understand to be emanated from the same deadly influenza A – H1N1. Is this the end of the world as prophesied? Nay, previous diseases and catastrophic claims proved otherwise. Yes, with such disease and the current economy and political uncertainty, the world is changing and often many storms in life are unpredictable. Leading and helping people move through change is important. Everywhere we hear the cry for leadership and yet, in practice, true leaders seem to be few in number. Much of it has to do with the emotional side of change. Sometimes to change and succeed is like politics, a long term struggle. The emphasis is on empowering people, instead of controlling them. It is through our own development and growth is true leadership. The common saying that the mind is an important element of our future is indeed very true to everyone, no matter what happens.

“Man is made by his beliefs. As he believes, so he is.” – Bhagavad Gita.