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Friday, May 08, 2009

The Perak 'May'hem - a simplistic view

Manchester United vs Barcelona.

The best proponents of the beautiful game in the UCL final. Just imagine. 65000 spectators. 22 players on the field. One football.

The atmosphere in Rome is electric. Banners and flags. Trumpets and drums. Riot police and pitch marshals. All the trappings of a top notch game are there. Barcelona starts. Scores 5 goals in 5 minutes. Manchester United are stunned. Barcelona wins. But the crowd was jeering. All 65000 of them. What is wrong? Where is the trophy?

Oh yes. They forget. The referee had not even blown the starting whistle yet. In fact, Barcelona simply changes the referee when the original referee is still in control of the match.

Surely, the above scenario must be a nightmare, right?

Okay. Let us all come back to reality. To the real world. You all know what I am talking about. Yes. It is about the mayhem in Perak yesterday.

Lest I be accused of being partisan, allow me to state at the outset that I am not going to moralise the issue. Nor am I going to say who is right and who is wrong. For the purpose of this posting, I am just going to assume that the BN assemblymen together with the 3 independents assemblymen formed the majority at the Assembly. I am also going to accept the postulation that Zambry is the Menteri Besar of Perak. Consequestly, I am also going to assume that the Pakatan Rakyat assemblymen were the minority. And Nizar was not the Menteri Besar of Perak. I am also going to accept as a fact that the motions were file properly and in accordance with rules of procedures of the Assembly.

Now, the main question is whether Sivakumar's removal was valid or otherwise. The next question is whether Ganesan's appointment as the Speaker was valid or otherwise.

I promise I am going to keep this as simple as possible.

I was not there in person yesterday. Even if I were there, I wouldn't have been allowed into the House of Assembly. Although I must state that I am a little bit more than perplexed as to why Norhafizam and Shafee Abdullah were allowed to be there. And I am even more perplexed that Lim Kit Siang, who has a valid invitation, was not allowed in. Anyway, I digress.

The fact is, I wasn't there. And I had to rely on live update on the Internet. The update that I followed yesterday was at Anilnetto . And I will rely on his updates for this post. According to his updates, the following took place during the so called Assembly :-

10:01

Speaker Sivakumar is inside the Dewan now, making an announcement. All those who have not been invited are requested to leave the Dewan.

10:03

Speaker Siva is asking the seven suspended BN members to leave, if not, he warns the Dewan will not sit.

10:03

He is also asking the three defectors to leave.

10:04

He says their court cases have not yet been settled. The Dewan is in uproar.

10:05

Outside, police are rushing from the Democracy Tree, heading somewhere.

10:06

Pakatan Aduns are thumping their tables in approval.

10:07

Further down the road, much earlier, some Angkatan Muda supporters are said to have been arrested.

10:08

But the BN reps are not moving out.

10:09

Sungai Siput MP Jeyakumar Devaraj leaves the Dewan,

10:10

The seating arrangements appear to have been changed, so the Pakatan Aduns took the name plates and transferred it back to the original place.

10:11

The 10 BN Aduns who put forward the motion to remove the Speaker have been ordered to leave the Dewan.

10:14

As long as the 10 suspended BN Aduns are not leaving, the Speaker refuses to proceed.

10:18

The Dewan is in uproar.

10:21

Pandemonium breaks out in the Dewan.

10:21

Zambry has put up a proposal to remove the Speaker, and the BN Aduns are taking a vote.

10:22

But the Speaker is rejecting the motion saying that those who have put up the motion had been ordered to leave the Dewan.

10:22

The Speaker has raised his voice.

10:23

"Keluar!" shouts the Speaker, who insist he won't continue proceedings until the 10 leave.

10:27

Siva says the Dewan is not able to convene.

10:28

He still insists the 10 should leave. "I am not suspended," says Siva. Those suspended are the BN Aduns.

10:29

Siva is asking the security to do their job.

10:33

The assembly will not continue until the 10 leave.

10:34

10:36

Zambry has been ordered out.

10:39

The Dewan secretary Misbahul Munir, appointed by the Pakatan under the Democracy Tree, has left the building.

10:42

It's getting chaotic inside the Dewan.

10:43

A female BN Adun is requesting security to remove the Speaker. They are saying that they have the 31 votes to remove the Speaker and they want the Deputy Speaker to take over.

10:47

But the Speaker had already left the House to escort the Raja Muda.

10:47

Now they appear to be blocking the Speaker from coming back.

10:48

I am trying to make sense of what's going on.

10:55

The Deputy Speaker, Hee, appears to have taken over proceedings. Sitting next to the Speaker, she says he has been suspended.

10:56

Siva doesn't have a mike.
They have appointed Ganesan as the new Speaker. The Pakatan Aduns are angry.

10:58

It's hardly a dignified sitting of the Assembly.

11:02

Ganesan appears to have been "sworn in" and gone through the motions. But Siva is still in his seat. Sorry, I am confused! One eye-witness observes, "It is like a circus here."

The law on meetings is clear and already established. In an Assembly, the Speaker acts as the "Chairman" of the House. He decides on the commencement of the Assembly. He maintains order and decorum. In short, he chairs the meeting. Pure and simple. In a football match, he is like the referee. This can't be any clearer.

Now. Was there an Assembly in Perak yesterday? Yes, there was. According to Zambry and the BN, of course. In actual fact and in law, no, there wasn't! You see, the Assembly was called. I am going to assume that the call for the Assembly was validly done.

The thing is this. The Speaker - Sivakumar, that is - had not started the meeting yet. At the outset, he was doing some "house cleaning". House cleaning is done in every meeting before the meeting commences. This is to ensure that the meeting goes on smoothly and validly.

What happened was Sivakumar had asked those whom he thought were not supposed to attend the Assembly to leave. Again, I am not going to say that he was right or wrong in doing that. But the fact is he had not called for the meeting to start. And the meeting had not started. Had it started, there would have been the customary prayers. And the Sultan or Raja Muda would have been invited to address the House. But these were not done. Of course they were not done. The were not done because the meeting had not started.

If the meeting had not started, how could Zambry move the House to vote for his motions? Clearly he could not do so. Because those motions were there to be moved during the Assembly and for the Assembly to vote on. But the Assembly had not started. So the question is, he was moving the motions before who? Or what?

Hee said she was the Deputy Speaker. And that she had taken over. But excuse me. How could she take over when Sivakumar, the Speaker, was present and was not in any way incapacitated to conduct the Assembly. In fact, he had conduct of the Assembly, until he was forcibly removed from the House.

It is thus clear as daylight that Sivakumar is still the Speaker of the Assembly. He had not been removed by the Assembly. That is because there was no Assembly yesterday. As for Ganesan, he has been appointed a Speaker. As to the exact body of which he is supposed to be the Speaker, I do not know.

That is my simplistic view. It is just based on logic. And a bit of knowledge on the general law of meetings.

Which brings me to another thought. When Sivakumar, as the Speaker, orderd the 10 Assemblymen to leave and they refused, Sivakumar then asked the security to do its job. My question is this. Why didn't the sergeant-at-arms at that point in time move to execute an order given by the Speaker to remove those Assemblymen? It must be remembered that at that particular time (namely, when Sivakumar asked those Assemblymen to leave), Sivakumar's authority as the Speaker was yet to be challenged. He was at that time undoubtedly the Speaker having conduct of the Assembly. Why didn't the sergeant-at-arms execute his valid order?

If we compare the sergeant-at-arms's action in forcibly removing Sivakumar later with his earlier reluctance to follow Sivakumar's order (when in fact at that particular time Sivakumar's authority as the Spekaer was yet to be challenged), it reflects a certain degree of favouritism on his part. If so, that is quite unbecoming of him.

And so. Back to our football match. I think Manchester United will win 2-1. And they will win EPL too. As for Liverpool, well, they can make a rap album featuring Rafa's Rants as the single.

20 comments:

Tiger said...

Simple enough for anyone to understand.
In this case, UEFA (the people) will not allow English teams/MU (BN) to win/dominate and rape football (Malaysia).
In fact, come 2013, UEFA will ensure it is hard for English teams to win anything in football.

Azer Mantessa said...

Comprehensive. Thanks to you and anil


"As for Liverpool, well, they can make a rap album featuring Rafa's Rants as the single."

Ouch :((

Anonymous said...

Shambolic, disgusting, treachery and down right barbaric.

Howver, amongst all this, my salute to YAB Sivakumar for an upstanding, a gem of a man and a Towering Malaysian.

I, together with all my fellow Malaysians, SALUTE the man of the century. A true HERO.

Sang Kancil

Anonymous said...

the truly UGLINESS of bn aduns to be doomed !!

donplaypuks® said...

Stalinism and Nazism has firmly arrived in our Tanah Ayer (old spelling) Ku.

It required a Churchill to stand fiem against this threat and he delivered when it mattered.

I am sure BN (and we can see their desperation)is now only warming the chair for the Opposition.

And if I ever see the sergeant at arms walking down tiger lane, he'd better have an army with him!!

mei1 said...

we all know that the coup should not have taken place right from the very beginning, the best way to solve this is none than let PEOPLE to decide.

Yesterday the new home minister "praises" police actions & today he announces to release Hindraf trio & 10 others, why the sudden change? Why announcing this only after all the chaos, arbitrarily arrests? what hurts me most is the arrest of 5 lawyers from the Legal Aid Council, I just feel like bleeding with tears!!

It now seems like Rule of JUNGLE & rule BY LAW have even prevailed in Bolehland, or should I say bolehland has now turned into a BODOH + BULLY + BULLSH*TLAND??

But one thing to remember come the next GE as said by the Aliran President: Remember Perak - Remember the injustice

btw, although I'm a supporter of The Reds, it doesn't matter if they win nothing this season, after all it's just a game & when you compared it to the political goings-on in Bolehland, that's just a trivial matter.

Just my 2 cents worth

kopitelp16 said...

Many Malaysians and Perakians will be saddened by this black and dark episode. Total disgrace and I can't really understand how anyone can actually praised and justify the thugs actions.

I love Liverpool and even if we don't win anything I'll still love them coz our motto is You'll Never Walk Alone!

*I'd love to see Messi messed up ManU's plan!

pheedom said...

Artie

Brilliant!!! Agree with you on all counts, including your predictin about the UEFA final!

Anonymous said...

You started with Barcelona vs MU. How come u end up with MU vs Liverpool? Is there an oversight? Anyway I'm reading Liverpool as Barcelona.

Voice of the Oppressed, Suppressed said...

harun,
Say something on the implication of all these for democracy and rule of law?

1. How did Ganesan enter the dewan?
2. Who gave him the gown?
3. When did he take his oath of office?
4. So can Karpal and Gobind carry out the dewan rakyat speaker by force and place their own?
5 Who allowed police in when the IGP has said police cannot interfere in Karpals harrassement by UMNO youths?

RED said...

Haha, ManUre will win CL? LOOOOOOL

Delusional manc suck-up

elizabeth said...

I feel mentally and emotionally drained by all that is being played out in Barcelona. I am perplexed by a well educated crown prince who says royalty shld stay above politics, who despite the chaos and mayhem, was determined to deliver his address as though nothing had happened. I feel oppressed and victimised, as a people. If Malaysia is a corporate entity, will it fail? Our CEO not content with organic growth, is persistent with his M&A ambitions. He signed the SPA and soon after, discovered that the venture is going to be paved with difficulty, negatively impact the organisation's goodwill with its shareholders, and would certainly require the organisation engaging in numerous illegal acts to make it work. He was bold, he was strong, and he stayed true to his cause. One wonders why IOI Group backed out of the acquisiton of Menara Citibank, despite losing the 15% deposit which runs into millions. What is the mark of a good leader? Is a good leader never wrong? Would a leader who will not acknowledge his mistake a good and strong leader?

Some people say they are tired of the drama around us. Surveys (who run them?) say we are tired of by-elections. If we live in a fairy tale, yes, lets be tired of all these becuz nothing bad will happen to us any way. In the real world, nothing is gained without effort and sacrifice. So, I shall not want to get tired of all these...

Anonymous said...

Dear Art,

Disorder or rules will be broken in a footbal match when the other team prefers a rugby match. Events will get worst when a member of that team whom only familiar with being an umpire of a badminton game insist on replacing the game referee. Lol!

Anyway, is there any chance in getting lets say a bunch of bullies from rioting when watching a footbal match?

Damned those bullies!!

Anonymous said...

And on top of this debacle, the Raja Muda saw it fit to make His Royal Address to the Assembly? Wow, heaps of comedy piling one another in rapid fire sequence. Taiwanese and Japanese Paliaments MUST learn something new from Malaysia. Ingenuity.
malsia1206

Antares said...

As always, an Artful analysis, thanks ;-)

Anonymous said...

law made simple.

you are just goo......d

hee, still think you have the power after all the gaming ringgit?

and why was shafee and that lawyer allowed to be inside? coz they represent UMNO. its a simple answer aint it?

Anonymous said...

I have come to the stage where i can only pray to the GOD that " My Almighty Living GOD, please forgive these BN-morons for they don't know what they are doing and please do not send them to Hell but deliver them to Perak Tanjung Rambutan, so that we Perakians can go there and visit them ! "

LAT said...

I have come to the stage where i can only pray to the GOD that " My Almighty Living GOD, please forgive these BN-morons for they don't know what they are doing and please do not send them to Hell but deliver them to Perak Tanjung Rambutan, so that we Perakians can go there and visit them ! "

Patricia said...

I disagree that this view is simplistic - it's logical, and your questions and doubts valid.

I have never felt so ashamed in my life. This is a sad time for Malaysians.

Anonymous said...

patricia,

how come the sycophants from UMNO are revelling in this fiasco?

they are shameless, no?