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TOMORROW!

and dignity of state, says court

PUTRAJAYA: Sultan Azlan Shah was right in
exercising his prerogative powers to contain
the Perak political tension and maintain the
dignity of the state, Court of Appeal judge
Datuk Zainun Ali said.
She said one of the most critical executive
powers of the ruler was his constitutional duty
to maintain peace and order for the public
good and, therefore, his consciousness of the
significance of the exercise of his prerogative
powers could not be understated.
“The situation in Perak at the relevant time
could be viewed as being bereft of normalcy, not
unless one views as normal the political tension,
intense political pressure, suspense and shifting
political loyalties and betrayals, as being routine
and all in a day’s work,” Zainun said in her 115-
page judgment, made available yesterday.
“The maturity and wisdom of the ruler is
incumbent. The exercise of this prerogative
power is all the more critical if the normal
government machinery breaks down.”
On May 22, Court of Appeal judges Zainun,
Datuk Raus Sharif and Datuk Ahmad Maarop
ruled that Datuk Seri Dr Zambry Abdul Kadir
was the legitimate Perak mentri besar, revers-
ing an earlier High Court decision in Datuk
Seri Mohammad Nizar Jamaluddin’s favour.
Dissatisfied with the ruling, Nizar filed an
application for leave to appeal, scheduled to be
heard in the Federal Court tomorrow.
In her judgment, Zainun said Sultan Azlan
Shah was right in holding an enquiry to con-
firm certain facts and to assess the political
position correctly before deciding whether or
not to grant or withhold a request for the State
Legislative Assembly’s dissolution.
“In this regard, it might have been impru-
dent for His Royal Highness to make a decision
without regard to the facts,” she said.
“For instance, if His Royal Highness were
to find that the contents of the three letters
from the three Adun [Party Keadilan Rakyat
(PKR) assemblymen Jamaluddin Mohd Radzi
(Behrang) and Mohd Osman Mohd Jailu
(Changkat Jering) and DAP assemblyman
Hee Yit Foong (Jelapang)] were insufficient
to ascertain Nizar’s loss of majority, he can, in
his exercise of his prerogative and discretion,
seek clarification of the facts contained in the
letters from the three Adun.”
Thus, she said, the finding of the High
Court judge that the Sultan was not entitled
to interview the members of the legislative as-
sembly on Feb 5 to ascertain who commanded
the majority in the house was plainly wrong.
Zainun also dealt with the issue of whether
Nizar had made the request for the dissolution
of the State Legislative Assembly under Article
16(6) or Article 36(2) of the Perak Constitu-
tion.
“It is my view that Nizar’s denial that his
request for dissolution was made under Arti-
cle 16(2) stands on flimsy ground,” she said,
adding that as at Feb 4, Nizar was completely
apprised of the political imbalance when Pa-
katan Rakyat had only 28 seats.
CONVERSATIONS
“Thus, whether or not the three Adun sup- So I hope people are patient. They
must understand that 30 years of
port the Barisan Nasional, the fact remains
that Nizar no longer enjoyed majority posi-
tion when Pakatan lost the three seats in the doing something one way can’t be
legislative assembly. undone in a year or two. z
“In short, Nizar was unable to credibly – MBPJ councillor Derek Fernande
dispute that he had not lost the support or
confidence of the majority of the legislative
assembly at the time he requested for dissolu-
tion.” of the majority members a convention in this
On the issue of whether there must be a country? And therefore binding?” she asked.
motion of no confidence passed against Nizar “It is baffling that if Nizar had indeed put
in the legislative assembly, Zainun said there such great store by the convention that the de-
were alternative means and extraneous ways termination of loss of confidence could only be
of expressing lack of support. accepted through a motion taken on the floor of
“Is a motion taken on the floor of the as- the assembly, why was this course of action not
sembly to determine loss of the confidence taken?” – Bernama

1Malaysia not rigid, says Najib

PUTRAJAYA: Prime Minister Datuk
Seri Najib Abdul Razak said the
values contained in the 1Malaysia
concept were not final but would
go through a process of enhance-
ment from time to time.
“This concept is not too rigid
(but) evolving as we go along. It’s
not final as it can be altered and
improved,” he said in his address
at “An Evening with the Prime
Minister” organised by Bakti at Sri
Satria here yesterday.
“It means we can make im-
provements if we think it’s neces-
sary ... improve on the values.”
Present was Najib’s wife, Datin
Seri Rosmah Mansor, who is also
the president of Bakti (Welfare
Association of Wives of Ministers values like mutual respect, humil-
and Deputy Ministers). ity, moderation and wisdom, as
Najib, who is the patron of well as aspirations,” he said.
Bakti, said the 1Malaysia concept “There are seven aspirations
was not only based on the three but as we go along, if there is a
main thrusts but included other need to add, we are prepared
important aspirations to take to accept the input. The people
Malaysia to a higher level, in the can also give their views so that
effort to develop it into a nation 1Malaysia will really be a concept
with a high per capita income and for all.”
a first-world nation with a high Najib said besides the slogan
performance level. “1Malaysia, People First, Perform-
He said the three main thrusts ance Now”, he emphasised the
were acceptance, upholding the idea of “One Dream, One People, Spicing
Constitution and Rukun Negara, One Nation”. it up ...
and social justice, which meant “This is what 1Malaysia is all Najib and
implementing policies fair to all about. We have a dream, we are his wife
races. one people and one nation,” he Datin Seri
“1Malaysia also outlines good said. – Bernama Rosmah
Mansor
try their
hands at
cooking
rempah
ratus in
a giant
pot to
celebrate
Felda
Settlers’
Day 2009.
BERNAMAPIX

BN wants healthy contest in Manek Urai

SEGAMAT: Prime Minister
Datuk Seri Najib Abdul Razak
has called for a healthy contest
in the Manek Urai state by-
election, saying both Barisan
Nasional (BN) and PAS should
concentrate on their agenda
for the voters and not resort
to mud-slinging.
“We want a friendly contest.
There is no need to disparage
one another,” he told reporters
after attending Felda Settlers’
Day 2009 in Felda Maokil here
yesterday.
Najib was responding to
a question on whether he
thought the contest for the
Manek Urai seat was more
friendly compared to that in
the previous by-elections.
He said the situation might
change as the campaign for
the by-election on July 14
intensified.
Najib, who is the Umno
president, said the BN would
strive to win the seat in a clean
by-election.
On the choice of Tuan Aziz
Tuan Mat, 39, as the BN candi-
date, he said: “The BN candi-
date has a good background
and is well-liked by the people.
BN also pledged to bring about
changes in Manek Urai.”
Tuan Aziz is involved in a
straight fight with PAS candi-
date Mohd Fauzi Abdullah, 50.
The by-election is called fol-
lowing the death of incumbent
assemblyman Ismail Yaacob of
PAS on May 22.
Ismail won the seat in the
12th general election last year,
beating BN’s Mohamed Zulkifli
Omar with a 1,352-vote major-
ity. – Bernama