Mayday in Perak Part 2: Will the May 7 Assembly backfire on Barisan?
By Bob Teoh (Sin Chew Daily)
THE CONSTITUTIONAL CRISIS in Perak has taken yet another twist with the Pakatan assemblymen upping the ante Tuesday (5 May). They maintain that the Barisan Mentri Besar and six of his executive council members are barred from attending the session as they are still under suspension regardless of the Federal Court’s ruling on this.
The current numbers in the Perak State Legislative Assembly are equally matched with 28 seats each for Barisan Nasional and Pakatan Rakyat. Three lawmakers previously from Pakatan have left their camp to be independent assemblymen but they have indicated they will vote with the Barisan.
If the Pakatan manages to keep the MB and his men out of the sitting, then the equation would be seven less for Barisan thus reducing their numbers to 21 but assuming the three independents throw in their weight, Barisan would still only manage 24 against Pakatan’s 27 given that the Speaker would not vote unless it’s a tie.
Given this scenario, the ploy by Barisan to replace the Speaker with their own choice will not carry unless they can buy over at least three lawmakers from Pakatan to upset the bench. Horse thievery at this late hour is unlikely.
However, if the unlikely should happen, then there are only two options left to resolve the constitutional crisis. One is for the Sultan of Perak to dissolve the State Assembly to pave the way for fresh elections. This is not a good option. Given the current mood and the popularity of the ousted MB, Pakatan is likely to return to govern the state with more seats and bigger margins of victory
This leaves us with the last resort of the imposition of martial law or an emergency rule. This has always been the trump card for the powers that be but this is fraught with dangers especially after the unprecedented mood swing of the electorate following the general elections in 8 March 2008.
The immediate question is, can Pakatan prevent the Barisan MB and his six exco from taking their seats on the ruling front bench in two day’s time on Thursday 7 May?
Yes, according to Datuk Ngeh Koo Ham, in a press statement released this morning (5 May) in which he designated himself as the senior exco member of the Pakatan Rakyat government of Perak.
He insisted that the Federal Court ruling 20 days ago on 16 April is flawed, therefore, the Barisan MB and his six exco cannot enter the Assembly chambers on 7 May.
He said the Federal Court made only two rulings out of the ten petitions brought before it by the Barisan MB and his six exco members.
Ngeh said the Federal Court lifted the suspension orders on the premise that the Speaker had exceeded his powers in doing so. However, he claimed that it was not made by the Speaker by the rights and privileges committee of the Assembly which recommended the suspensions. This was ratifed by the Assembly at its controversial session under the rain tree two months ago.
What if the Barisan MB and his men turn up on 7 May? Would the Speaker order the sergeant- at-arms in attendance to remove them from the chambers? Would the Police on duty defy the Speaker’s orders? The situation is pregnant with frightening probabilities.
Meanwhile, Bersih, the coalition of seven NGOs for free and fresh elections, have appealed to the public the wear black come May 7 as a protest. The Police has issued stern warnings in advance to the public and supporters of the parties involved not to gather at State Assembly building in Ipoh.
Indeed, the Speaker himself has written to the Sultan to postpone the session. He said that it was not acceptable to have the sitting when the Mentri Besar’s position was still being questioned in court (from 4-6 May).
“I am also worried that there may be conflicts and disputes which may be difficult to control on that day,” he said.
“To defend the harmony, nobleness and the House’s respect, I have applied for a postpone.”
Meanwhile, Dr Mahathir Mohamad will be speaking to university students on 6 May, one day before the Perak Assembly sitting on "The Role on the Executive, Legislative, Judiciary and Constitutional Monarchy in the Governing of Malaysia" at the Perdana Leadership Foundation in Putrajaya.
