Perak â€“ Using May 7th to undo the damage

ARCHIVES 2009

By admin-s On May 3, 2009

This will finally undo all the mess that has been happening off late in Perak. Does it really?

1. I have been busy reading the Perak Standing Orders as well the Perak State Constitution. I was trying to understand what the lawyers and the judges are interpreting. At the same time I received a call from a friend who says that the May 7th Assembly Sitting would be proper place for the ADUN’s on both side of fences to say their piece on vote on the issue without fear. This will finally undo all the mess that has been happening off late in Perak. Does it really?

2. PR members has been on the defensive since HRH granted power to BN by appointing Zambry as BN. I don’t want to say it but the playing field is not level. The State Government civil servants have not been neutral. They have been taking sides and they are not on the side of PR. This is indeed sad.

3. I believe PR is also planning an offensive move in the State Assembly on May 7th. As widely anticipated, BN will attempt to remove Siva. From my reading, this cannot be done unless there is dissolution of the assembly which would mean that a State wide election has to be called.

4. The Perak Laws and State Assembly Standing order is very clear about this. What could happen is that those BN ADUN’s who attempted to be persistent during the Assembly, may face suspension. If there are more than 4 people on BN side suspended then the majority lies with PR.

5. A vote of no confidence against Zambry can called. The speaker then needs to inform HRH that the MB has no longer receive the support of the majority in the Assembly. Tuanku at this stage has two options. The first is to call for the dissolution of the Assembly or replace Zambry.

6. HRH do not have a power to fire any MB under the state constitution. He cannot ask anyone to resign. In other words, the State now will have two MB’s without office. This can happen if HRH chose this path of appointing a new MB. My gut feeling tells me that HRH will not repeat the same mistake twice. Hence he will go for dissolution of the State Assembly.

7. This can happen if there is a level playing field in the State Assembly. Unfortunately, I believe the State Legislative Secretary (SLS) will play and important role. The first move is for BN to reaffirm the appointment of a friendly SLS. The BN ADUN’s can plan to make it to appear as if that Sivakumar is disloyal to HRH and hence Sivakumar can be removed by evoking Article 31(1).

8. Alternatively, if Siva did not turn up for the Assembly, then Article 36 A (3) can be evoked. A friendly party will be appointed as the Speaker. Speculation in the media is rife that an MIC guy will be elected. Article 36 outlines the procedures of appointing an outsider as the Speaker.