Masquerade

 

maskedmonkey

Firstly, I do not know who gave the title “Constitutional Expert” to Professor Aziz Bari.  The fact that he used to lecture at the law faculty of the International Islamic University does not make him one.  It is like saying every soldier is a demolitions expert. However, everyone can safely deduce that he leans more towards Pakatan Rakyat, especially PKR, politically.

Probably every Tom, Dick and Harry might have responded to Aziz Bari’s claim that the Sultan of Selangor has no right to ask for more names for the latter to choose as the next Menteri Besar of Selangor.  He said this as reported by Malaysiakini’s Pakar: Sultan Tiada Kuasa Minta Banyak Nama (27th August 2014). In his statement, Aziz said that in a Parliamentary system, the (state) government is responsible to the state assembly, not to the Sultan. He added that the Sultan only has to agree to appoint the candidate with the most support in the state assembly as the Menteri Besar.

“Majority,” he said to Malaysiakini, “is the only (appointment) criteria, therefore the Sultan has no right to request for more names since there is already majority.”

Perhaps our “Constitutional Expert” does not know much on the history behind the Constitution. The Rulers may be Constitutional Monarchs but ours is not the same as the Westminster Monarch that they have in England.  In England, the monarchy was reinstated with the installation of King Charles II by Parliament after the failure of Oliver Cromwell’s Republic that followed the decapitation of King Charles I.  All laws are passed by Parliament without the Queen’s Consent (or King’s Consent if the Ruler of England is male) save for four things: bills affecting the royal prerogative (whatever the royal prerogatives are, are quite shady due to the nature of the uncodified Constitution in England). The second is bills affecting the hereditary revenues of the Duchy of Lancaster or the Duchy or Cornwall. Third, bills affecting the personal property of the monarch, and lastly, bills affecting the “personal interests” of the monarch.

To understand the role of the Rulers in Malaysia one must take several steps back in the history of this nation.  The mistake made by the government since those days is to instill the spirit of nationalism into every Malaysian.  The simplest way is to say that we were colonised by the British, and that we gained independence for them – which would only be true for Pulau Pinang, Melaka and Singapore. When Malaya gained “independence” only Pulau Pinang and Melaka rejoined Malaya while Singapore remained a British colony.  The British were here by virtue of the various treaties made with the respective Malay rulers.  British advisers were appointed and were paid by the Sultan who appointed them to administer the state on behalf of the Sultan.  They basically administered everything except for matters that affected Islam and the Malay customs, which remained the Sultan’s sole prerogative.  When the British administration left in 1957, this role was taken over by the Menteri Besar and the state executive assembly that form the administration part of the state government through elections.  The executive power remains with the Sultan. This is evident in Article 181(1) of the Federal Constitution that says:

“Subject to the provisions of this Constitution,” the “sovereignty, prerogatives, powers and jurisdiction of the Rulers…as hitherto had and enjoyed shall remain unaffected.”

The same was noted by Mark R Gillen of the Faculty of Law, University of Victoria (Gillen 1994:7). In the words of the late Sultan of Perak, Sultan Azlan Shah, former Lord President, it is:

“a mistake to think that the role of a King, like that of a President, is confined to what is laid down by the Constitution, His role far exceeds those constitutional provisions” (Azlan Shah 1986:89)

On Aziz Bari’s claim that the (state) government is answerable to the state assembly and not to the Sultan, may I remind Aziz Bari that in Article 50 of the Selangor Constitution, 1959, it says;

“The executive authority of the State shall be vested in His Highness and exercisable, unless otherwise provided by the Federal Constitution or this Constitution, by him or by the State Executive Council or any member of the State Executive Council authorised by the State Executive Council, byt executive functions may by law be conferred on other persons or authorities.”

You cannot form a government without the consent of the Sultan; hence the need for the Menteri Besar and members of the Executive Council to take an oath of office before the Sultan to administer the State on behalf of the Sultan.

On Aziz Bari’s claim that the Sultan is only to appoint as Menteri Besar whoever has the support of the majority in the state assembly, Aziz Bari should go back to where he read law and ask for his money back.  The Selangor State Constitution explicitly states in Articles 51 and 53(2) that the appointment of the Menteri Besar is the prerogative of the Sultan. The person to be appointed as Menteri Besar is a person, IN HIS MAJESTY’S JUDGMENT is likely to command the confidence of the majority of the members of the Assembly.  Therefore it is right for His Royal Highness to ask for more than two names to be submitted by each political party that has the majority command of the state assembly.

The same happened in Terengganu when UMNO wanted Idris Jusoh to continue on as the Menteri Besar after the 2008 General Election but the Sultan overruled and insisted on Ahmad Said instead.

The above is the form of democracy with the Sultan having the right to choose whom to head the executive branch of his government to administer the state on His Majesty’s behalf.  What is not democratic is Rafizi Ramli’s instruction to Selangor State Assemblymen under PKR except Wan Azizah and Azmin Ali to decline if nominated as the Menteri Besar by the other parties.

This is to choose a state government FOR THE PEOPLE, not for PKR. Rafizi should just shut up and hide behind his boss, while Aziz Bari ought to ask for his law school fees back, find a better law school and stop this masquerade.

 

Monkey’s Bazaar

Khalid Ibrahim today was granted an audience with HRH The Sultan of Selangor to discuss the current impasse related to the Menteri Besar issue. After the meeting, the Office of The Sultan of Selangor issued this release:

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In the statement, HRH The Sultan of Selangor decreed that each of the party in the loose coalition called Pakatan Rakyat should submit MORE THAN TWO NAMES as candidates for the Menteri Besar post. In the meantime, Khalid Ibrahim shall continue to enjoy the confidence of HRH The Sultan of Selangor to continue head HRH’s government as the Menteri Besar.

Hours later, Parti Keadilan Rakyat and the Democratic Action Party issued a joint statement as follows:

KENYATAAN MEDIA
PARTI KEADILAN RAKYAT
PARTI TINDAKAN DEMOKRATIK

PERLANTIKAN DATO’ MENTERI BESAR
KEADILAN DAN DAP MENJUNJUNG TITAH DYMM TUANKU SULTAN SELANGOR

KEADILAN dan DAP merafak sembah menjunjung kasih dan rasa syukur dengan titah DYMM Tuanku Sultan Selangor mengenai pelantikan Dato’ Menteri Besar yang baru seperti kenyataan rasmi Pejabat DYMM Tuanku Sultan Selangor yang ditandatangani Dato’ Mohamad Munir bin Bani hari ini.

Titah DYMM Tuanku Sultan Selangor itu adalah sejajar dengan konvensi (convention) yang telah diamalkan secara berterusan dalam pelantikan Dato’ Menteri Besar sebelum ini.

DYMM Tuanku Sultan Selangor turut menitahkan parti-parti Pakatan Rakyat mencalonkan lebih dari satu nama dalam melantik Dato’ Menteri Besar dalam tahun 2013. Titah DYMM Tuanku Sultan Selangor itu disampaikan kepada KEADILAN, PAS dan DAP melalui satu surat bertarikh 7 Mei 2013 (yang disertakan bersama) yang melambangkan konvensi yang diamalkan DYMM Tuanku Sultan Selangor sebelum ini.

Susulan itu, mengambil kira titah DYMM Tuanku Sultan Selangor dan konvensi yang diamalkan sebelum ini dalam pelantikan Dato’ Menteri Besar, parti-parti Pakatan Rakyat telah mencalonkan satu nama iaitu Tan Sri Khalid Ibrahim untuk dipertimbangkan DYMM Tuanku Sultan Selangor dalam tahun 2013. Pencalonan ini diperkenankan dan diterimapakai oleh DYMM Tuanku Sultan Selangor.

Oleh yang demikian, KEADILAN dan DAP menjunjung titah DYMM Tuanku Sultan Selangor itu dan akan mempersembahkan pencalonan YB Datuk Seri Dr Wan Azizah Wan Ismail untuk dipertimbangkan DYMM Tuanku Sultan Selangor sejajar dengan konvensi yang diamalkan oleh Pakatan Rakyat dalam tahun 2013 memandangkan YB Datuk Seri Dr Wan Azizah Wan Ismail sudah mendapat sokongan majoriti sekurang-kurangnya 30 orang Ahli Dewan Negeri (termasuk YB Datuk Seri Dr Wan Azizah Wan Ismail sendiri).

KEADILAN dan DAP merakamkan doa dan menjunjung kasih atas budi bicara ke bawah DYMM Tuanku Sultan Selangor.

DATO’ SAIFUDDIN NASUTION ISMAIL
Setiausaha Agong KEADILAN

TONY PUA
Setiausaha Publisiti DAP

26 Ogos 2014

I am beginning to wonder if any of the monkeys above understand Bahasa Malaysia? I can forgive Tony Pua as I doubt his want for a Malaysian Malaysia includes the abolishment of vernacular schools. What of Saifuddin Nasution? Perhaps this monkey would like to use the Prefix “71” in his identity card number as an excuse to not have a god command of Bahasa Malaysia.

Well, if they claim to be human beings, then I would categorise them as “derhaka” and should be banished from the state of Selangor.

By the way, please note the sidelining of PAS from this communiqué.

This truly is becoming a Monkey’s Bazaar!

Kajang’s Dangerous Move – Part 2

My previous post was made because I was alarmed by what I read in the pictures sent to me by a friend. A denial was issued by PKR’s Fahmi Fadzil.

Nevertheless, this is the police report made by the person from whom the pictures of the damning document originated. If the document is true, politics in this country has entered a very treacherous phase:

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Kajang’s Dangerous Move

The Kajang Move planned and orchestrated by Rafizi Ramli was a dangerous move, and I see the current attempts to put Wan Azizah to replace Khalid Ibrahim and a free hand to Selangor’s RM3 billion in Menteri Besar Incorporated as an extension to the original Kajang Move. You see and decide for yourselves and I hope the authorities would investigate:

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Khalid Ibrahim Complains To ROS

The Menteri Besar of Selangor has lodged a complaint to the Registrar of Societies to declare his sacking by Parti Keadilan Rakyat null and voide as it is ultra vires of PKR’s Constitution. This is the latest in a series of legal moves by Khalid Ibrahim against PKR and pakatan-leaning media:

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PKR: The Big Fat Joke – Part 2

I received this just now:

KENYATAAN MEDIA

PENYERAHAN SURAT JAWAPAN NOTIS TUNJUK SEBAB

Lembaga Disiplin ingin memaklumkan bahawa kami telah menerima surat jawapan tunjuk sebab YAB Tan Sri Abdul Khalid Ibrahim pada 6hb Ogos 2014.

Dengan ini dimaklumkan juga bahawa YAB Tan Sri Abdul Khalid Ibrahim diminta hadir ke sesi pendengaran Lembaga Disiplin pada:

Tarikh: 8hb Ogos 2014 (Jumaat)
Masa: 3.00 petang
Tempat: Ibupejabat KEADILAN

Sekiranya masa dan tarikh tersebut tidak sesuai, Lembaga Disiplin turut mencadangkan masa dan tarikh lain iaitu sebelum jam 12 tengah hari pada 9hb Ogos 2014 (Sabtu).

Selain isu kenyataan media yang dibuat Tan Sri Khalid pada 22hb Julai 2014, beliau turut akan diminta memberikan penjelasan berkenaan perkara-perkara berikut:

1. Penstrukturan Air Selangor
2. Elaun Baru Menteri Besar Selangor
3. Kenaikan Cukai bagi Lesen Perniagaan
4. Pinjaman YAB Tan Sri Khalid dengan Bank Islam
5. Cadangan Lebuhraya Baru KIDEX

Dato’ Dr Tan Kee Kwong
Pengerusi Lembaga Disiplin KEADILAN

7 Ogos 2014

I am surprised that the Menteri Besar’s new allowance is also being questioned. Yet no one is interested to ask why has the allowance for the Speaker as well as ADUNs also gone up at the same time; mind you both Menteris Besar in-waiting, Wan Azizah and Azmin Ali also benefited from this increase.

Talking about Wan Azizah, it has definitely been more than 100 days since she “won” the Kajang seat. What promise has she fulfilled or begun to fulfill? Apart from being that puppet she has been since 1999, and reportedly being a punching bag for whoever it was that made her fled to her sisters house in November 1993 or around about that and calling up four people seeking their help, what has she done?

There has also never been any show-cause letter to Azmin for that press conference stunt he made when someone reportedly broke a certain promise made to him if Selangor is retained by the Pakatan Rakyat during the GE13?

Why is there also no show-cause letter issued to Elizabeth Wong who reportedly fought tooth and nail to wipe out notions that Selangor was going to run out of water come 2014?

PKR is a big fat joke. During its conception in September 1998, it was about fighting for a man who claimed he was wrongfully dismissed.

Now in 2014, it is fighting to dismiss a man wrongfully.

A big fat joke PKR is.

Khalid should just dissolve the state assembly and mean business. It would shut his opponents up.

PKR: The Big Fat Joke

Whoever controls water supply, wins the war. And Muslim soldiers based in Madinah went to war during the Battle of Badr with the Meccans by first denying the latter access to water supply.

In the modern world, water is costly to produce but yields great returns to those who control it. For that reason, Parti Keadilan Rakyat (PKR) is confident it could unseat itself in Selangor and win Selangor.

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The whole fracas began with the incumbent Menteri Besar, Khalid Ibrahim, making a deal with the Federal government for improving treated-water supply and the supply of raw water from Pahang to Selangor via the Langat 2 project. There is money to be made, therefore everyone wants to lay their hands on Selangor’s water assets despite the dwindling supply of treated water. Khalid received flak from his PKR counterparts for making the deal while Selangor voters were fuming mad over the water rationing despite assurances made by the Selangor state government that there would be enough water supply until 2019, and PAS claimed it would be sufficient until 2022.

Immediately after, Anwar Ibrahim via Rafizi Ramli, initiated the “Kajang Move”, a bid to oust Khalid and appoint Anwar as the Menteri Besar. Fate had it that Anwar was sentenced to a five-year imprisonment for committing sodomy. Enter Wan Azizah, his subservient wife, to contest on behalf of him and again to serve as his seat-warmer. The reason given was Wan Azizah could serve Kajang voters better, an unintentional hint that the Kajang voters were given a short-changed candidate by PKR in the 13th General Elections. Wan Azizah initially said that her becoming a state assemblywoman has nothing to do with the plans to oust Khalid as the Menteri Besar, but of course only idiots believed that.

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So, now it is a free-for-all scramble for the Menteri Besar post with the embattled Khalid stuck in the middle of it all. Azmin Ali, Anwar’s lieutenant and Principal Private Secretary to Anwar when he was a Finance Minister, feels that he is the most capable person to govern Selangor. However, I was told that Rafizi as well as non-Malay representatives in PKR, as well as Selangor DAP representatives believe that Azmin is an UMNO person at heart (strangely they also say Khalid is an UMNO agent but still picked him as the Menteri Besar) and should not be allowed to become the MB.

Today, we see letters coming out from the various PKR camps championing both Azmin Ali or Wan Azizah on the other side as the most suitable candidate to become the MB. Below is the letter from the supporters of Azmin:

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Then we have one by those championing Wan Azizah:

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Meanwhile, Khalid Ibrahim was issued a show-cause letter giving him only three days to reply to asking why should they not remove him for going against party directives:

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While this circus show is taking place, the former mining pools used to provide water to the Selangor river dam are quickly running dry, with the dam level close to 30 percent of its capacity, a mandatory rationing level.

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PKR is a big fat joke, and the only Keadilan they are fighting for is to fatten up their pockets. And PKR is championing the exact thing Anwar claimed to have fought against: Nepotism and Cronyism.

In A Way, It Is A Great Aidil Fitri

One after another tragedy befell us. 2014 struck us as annus horribilis. Our faith in the capability of this nation was tested again and again, and at times for many it seemed as if we are the laughing stock of the world.

One man surprised me: Najib Razak. I for one did not think that he would be able to keep his head above the turbid waters created by the MH17 incident where world powers and their allies were already showing fists to each other, while Malaysia looked helpless in the middle. Out of nowhere, Najib appeared on television screens almost worldwide, announcing that Malaysia had secured the two black boxes, the bodies retrieved, and unlimited access to the crash sites. And it seemed for a long second, everyone in the world paused and wondered how could this nothing nation secure such a deal?

I have always maintained that if the parties involved in the conflict are eager to prove their innocence, they should cooperate. That was exactly what Alexander Borodai did. Malaysia did not care for the conflict. All Malaysia want is to be able to send back fathers, mothers, grandfathers, grandmothers, sons and daughters back to their loved ones; therefore it was important for Malaysia to speak to who seems to be in-charge of the area and situation, not necessarily recognising who is who in Eastern Ukraine.

A simple but decisive stroke of diplomacy by the least expected nation’s Prime Minister has brought about all but a final closure to the MH17 episode. Najib Razak, in my eyes, has proven himself a worthy leader, a diplomat to be respected. As for MH370, search will recommence next month earliest, and we hope to have good news from that as well although it may seem all but futile.

At least, in the case of MH17, Malaysians can have a great albeit sombre Aidil Fitri. At least we know they will be coming back. And we pray the same for those on board the MH370.

Dato’ Seri Najib, I thank you and seek your forgiveness for not having faith in your handling of the MH17 tragedy. Not only have you proven that I was wrong about you, you went on to prove you are far better than the leaders of the developed nations.

Selamat Hari Raya Aidil Fitri, Maaf Zahir dan Batin.

The Knee Is The Limit

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Every time a crisis hits Malaysia, the knee seems to be the limit of many, not just in Malaysia, but also around the world. Therefore, in just four months, we see more brain-in-the-knee experts rear their empty ugly skull. While in the MH370 tragedy, I personally knew one person on board, I know two people who have lost family members on board the MH17 – one lost five family members, the other lost six. As usual, many keyboard experts would put the blame on the pilot who strayed from the intended flight path because he was fasting; on Malaysia Airlines for allowing MH17 to fly into a “Red Zone” when other airlines skirted the area; and some even concluded that the aircraft, registration 9M-MRD, broke apart in mid-air because of poor maintenance. Before I begin, let me congratulate DAP Member of Parliament, Nga Kor Ming, for having made it to the “Idiots of the Year” list, two years in a row for posting this:

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Let us go through the items one-by-one:

Was MH17 Flying Through A No-Fly Zone?

No.

The International Civil Aviation Organisation (ICAO) has confirmed that that particular airway (much like our highways on ground) was a safe route. In fact, when during a PC by the Malaysian Transport Minister it was mentioned that Malaysia Airlines no longer flies that airway because the airway has now been closed, the ICAO refuted this saying the airway is still open. However, the agency that is diverting flights away from East Ukraine is Eurocontrol, the airspace management agency for Europe. Prior to the incident, the Ukrainian agency for airspace management cleared any flight to fly above 32,000 feet. When MH17 was shot down, she was flying at a supposedly safe altitude of 33,000 feet.

There was a Notice to Airmen (NOTAM) issued but does not cover the area the MH17 was flying through.

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Therefore, the area was never a “No-Fly Zone.”

MAS Pilots Are Irresponsible As They Fly According To Their Whims And Fancies

Pilots do not fly according to their whims and fancies and like the roads you drive on, similarly there are airways above where the police watches you on every road and passes you to another policeman to watch you when you leave one road to enter another. The police would even tell you at what speeds are you allowed to fly and at what height. Every flight would require an approved flight plan. This flight plan is then submitted by the airline’s flight operations department or equivalent to the airspace management organisation which in the case of Amsterdam, falls under Eurocontrol which will then coordinate with the various Flight Information Regions to seek approval from them for MH17 to fly through. Once approved, the pilots would study the approved flight plan, concur with it, punch it into their flight management system and fly according to the plan save for some minor variations due to traffic or weather.

This is hardly the kiasu driving you undertake when you drive your girlfriend inside your mom’s car.

MAS Is Irresponsible For Allowing MH17 To Fly Into A No-Fly Zone/Zone of Conflict

Firstly, it was not a No-Fly Zone as explained above. Secondly, that has always been the route taken by most airlines going to northwestern Europe from most of Asia and vice versa. The only thing that has changed is the conflict that is taking place in the Donetsk region.

Yes, Ukrainian MILITARY aircraft have been shot down there prior to the downing of the MH17. I placed emphasis on the word MILITARY. All were shot down using the IGLA MANPADS (Man Portable Air Defence System) – in short, a shoulder-launched surface-to-air missile. This system can reach an altitude of 6,000 meters (19,700 feet). So, aircraft flying at 6,100 meters (20,000 feet) and above are generally safe. The Ukrainian authorities even added another 12,000 feet safety buffer by creating a minimum altitude of 32,000 feet. The MH17 was flying at 33,000 feet.

MAS Is Irresponsible For Not Redirecting Flights Away From Ukraine Like Other Airlines Have Including Singapore Airlines and QANTAS

Oh, really?

Where was the danger?

Let me show you the airlines that flew over Ukraine over the week preceding the downing of the MH17:

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See if Singapore Airlines is not in the list. In fact, a Singapore Airlines Airbus A380 was just 25km away from the MH17. They were lucky, we were not:

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So, why are some Asian airlines not in the list?

This is how you view the Earth:

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Unfortunately, this is how Earth looks like (without the stand):

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Routes are derived from the shortest path calculated using the Great Circle Line. This is Navigation 101 for Idiots. Which is why some northeastern Asian flights miss Ukraine totally to get to northwestern Europe, unlike those from Southeast Asia INCLUDING SINGAPORE AIRLINES.

Oh, what about QANTAS coming from down under?

Oh, yes. QANTAS mentioned that it has avoided Ukrainian airspace for months. In fact, since April 2013! This is because QANTAS, according to the Sydney Morning Herald in January 2013, has stopped flying the Great Kangaroo Route. This means that QANTAS Flight QF1 no longer flies to London Heathrow. Instead, QANTAS flies its passengers wanting to go to Europe through its code-sharing partners in Singapore, Hong Kong, Kuala Lumpur, Bangkok, Dubai etc through the Star Alliance and One World Alliance that MAS is a member of.

No biggie there as to why QANTAS is so safe now, is there?

The Russian Separatists Shot MH17 Down, Even The US Says So

Really?

No one knows right now who shot the flight down and using what weapon system. The biggest suspect now is the BUK M-1 medium-range surface-to-air system that both Russia and Ukraine have. It is not a system that you can just plug-and-play upon purchase as extensive training has to be given in order to effectively use this system. That pretty much rules out the Separatists. That leaves us with Ukraine and Russia.

Russia, already pressured by the West for Simferopol, Crimea and Donetsk, and its opposition to the Ukraine wanting a NATO membership, has a lot to lose by allowing the shooting down of the MH17. In 2012, while global arms sales by the top 10 defence companies shrunk by 4.3 percent, Russia’s increased by a whopping 28 percent. With Malaysia seeking for multi-role combat aircraft to replace the MiG-29N, Russia has a lot to lose.

Ukraine meanwhile has a lot to gain from this if you look at this from another angle. It would receive the recognition it would want from the world in its fight against the Donetsk separatists, and get all the international backing to apply pressure against the Russians.

So, what about the US of A being sure that all evidences that have yet to be obtained point to Russia?

Remember the Iraqi WMDs?

I leave that to your imagination, as long as your brain is not where the top X-Ray image shows it to be.

Meanwhile, stop bashing Malaysia Airlines and grow up!