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Defying pg36
the odds
Speaker:
Duo no
more reps
PERAK GOVT TO CHALLENGE EC’S
DECISION THAT SEATS ARE NOT VACANT
I
POH: The Perak government no
longer recognises Jamaluddin
Mohd Radzi and Mohd Osman
Mohd Jailu as the Behrang and
Changkat Jering assemblymen re-
spectively.
“Therefore, the two assemblymen
will not be allowed to attend the
coming assembly sittings,” Perak
Assembly Speaker V. Sivakumar
told reporters at the residence of the
mentri besar last night, Bernama
reports.
He said the two assemblymen
would also automatically cease to
be state executive councillors and
their duties would be taken over by
others to be decided at the coming
state executive council meeting.
Sivakumar said the decision on
Jamaluddin and Mohd Osman was
made as he did not recognise the
Election Commission’s (EC) deci-
sion yesterday that the seats were
not vacant but still held by the two
assemblymen.
He said he still stood by his earlier
statement the two assemblymen had
submitted their resignation letters.
At the same press conference,
Mentri Besar Datuk Seri Mohammad
Nizar Jamaluddin said the state gov-
Nazir: We need bold strategies to face new world order
KUALA LUMPUR: The government
must display economic leadership
beyond just orthodox fiscal stimulus
and monetary measures, says Bumi-
putra-Commerce Holdings Bhd group
CEO Datuk Seri Nazir Razak.
He said major global economic dis-
locations and enforced reconstruction,
presented not only severe challenges
but also tremendous opportunities.
“The current global economic
crisis is having a brutal impact on the
world’s real economy. It is not just
another economic slowdown. This
crisis is shaking the core of the estab-
lished world economic order,” he said
Member of Audit Bureau of Circulations (Malaysia)
» Zainal: Meeting yes, money no pg2
ernment would challenge the EC’s
decision in court after 48 hours.
In PUTRAJAYA, the EC yester-
day decided that there will not be
by-elections for the two state seats
despite receiving resignation letters
signed by two assemblymen, report
Maria J. Dass and Tan Yi Liang.
“The resignation letters submit-
ted by the two assemblymen are
doubtful. Although they did not deny
signing the letters, they do not agree
with the date of enforcement on the
letter (Jan 31),” said EC chairman
Tan Sri Abdul Aziz Mohd Yusof.
Speaking at a media conference at
the EC headquarters after chairing a
meeting to decide on the validity of
the letters and the status of the seats,
Abdul Aziz said: “We decided after
much deliberation and scrutiny that
there are some doubts on the res-
ignation letters submitted to the EC
by the Perak Speaker. This is taking
into consideration the fact that the
two assemblymen have themselves
consciously denied that the resigna-
tion letters are in force.
“Thus the EC has decided that
it cannot use its powers under Sec-
tion 36 (5) of the Perak Constitution
to establish a casual vacancy for
after Bumiputra-Commerce Holdings’s
extraordinary general meeting.
“While fiscal and monetary
stimulus provide a temporary boost to
the economy, we also need strategic
and proactive leadership to advance
Malaysia’s relative economic posi-
tion in the new world order that will
emerge from this crisis,” he said when
asked how to go about tackling the
economic slowdown.
“When I talk about strategic leader-
ship, I mean the government should
be looking at more than just signing
a big cheque (stimulus packages) and
reducing interest rates.
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TELLING IT AS IT IS
» Deadly snowfall in Europe pg12
There is doubt
because both
the resignation
letters and the letters
denying the validity
of the submission of
the resignation letters
are both from the
same assemblymen.
Because of the doubt,
we have decided to
maintain status quo.”
– EC chairman Abdul Aziz
» EC ruling unconstitutional, says Kit Siang – page 4
» Rulers must be neutral and non-partisan – page 4
» theSun says: Let’s come to our country’s aid – page 13
“We really need to take the lead in
terms of making key strategic moves
in this environment to advance Malay-
sia’s economic position,” he said.
Nazir, the younger brother of
Deputy Prime Minister and Finance
Minister Datuk Seri Najib Razak, also
said the government needed a long-
term, key, proactive, comprehensive
and strategic moves.
He laid down five strategies for the
government to consider, with the first
being the need to re-examine the New
Economic Policy. “There should be a
review as to how it retards national
unity, investments and economic
Award winning newspaper
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No. 4690 PP 2644/12/2009 (023092)
Wednesday
February 4, 2009
www.sun2surf.com
the two seats. We have, therefore,
decided that the two seats are still
with Osman and Jamaluddin who
were elected in the 12th general
election (on March 8).”
Asked if the EC had the final
say on the matter, Abdul Aziz said:
“When the situation of a casual
vacancy arises, the EC has to first
establish if the vacancy exists or not.
“But here (in this case) there is
doubt because both the resignation let-
ters and the letters denying the validity
of the submission of the resignation
letters are from the same assembly-
men. Because of the doubt, we’ve
decided to maintain status quo.”
On whether the EC was concerned
about the matter being challenged in
court, he said: “This is a democratic
efficiency and develop a new, more
relevant framework for economic
policy-making,” he said.
Malaysia also needed to leverage
on the Middle East, China and India,
whereby there would be an acceler-
ated shift in economic power to
these areas as a result of the global
economic crisis, he said.
“Malaysia should further exploit
its unique comparative advantage
in terms of social and geographical
connectivity with these economies,”
explained Nazir.
In the current environment, he
said, there was a need to encourage
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borders
SAIFUL HIZAM MANSOR/THESUN
country, so if anyone is not satisfied,
he has the right to go to the courts.
The EC will not probe into this issue
any further.”
Constitutional law expert Shad
Saleem Faruqi told theSun pre-signed
resignation letters are “against public
policy”. “Such letters are also a prob-
lem with the Law of Contract, in-
volving undue influence,” said Shad,
a professor of law with Universiti
Teknologi Mara.
Referring to the Federal Court
ruling that such letters are invalid, he
said: “In the 1982 case of Datuk Ong
Kee Hui vs Sim Yium anak Mudit, in-
volving the Sarawak United People’s
Party, the Federal Court ruled that
a pre-signed resignation letter of an
assemblyman is invalid, and that any
resignation should be made by the
assemblyman.
“In my view, this (Perak dispute) is
a case of undue influence, and what
the two assemblymen must do, if the
EC goes along with the notice from
the Speaker, is go to the High Court
and get a declaration, based on the
Sarawak case,” he said.
the spirit of cooperation among the
academia, business and the civil
service to develop and execute
national development plans.
The government should develop
a clear framework of incentives and
co-investment to take advantage of
acquisition opportunities abroad to
fill traditional gaps in branding and
distribution for Malaysian products
and services, he said.
He also said the government
should tap foreign talent in the
education sector to improve the
teaching of key subjects, especially
English and Mandarin. – Bernama