Raja Petra Kamarudin
So what does this mean? Hell, do I
need to spell it out for you like talking to a primary school kid? What
it means is simply this: is it your votes or is it the Palace, Police
and Military that will decide who gets to march into Putrajaya?
Article 55(3) of the Federal Constitution of Malaysia says that
Parliament will be automatically dissolved exactly five years to the day
of the start of the first session of Parliament of that term.
Thereafter we will no longer have an elected government (the country
will be run by the civil service) and the Election Commission (SPR) will
take over and call for fresh elections within 60 days.
Article number: 55(3) Parliament unless sooner dissolved shall
continue for five years from the date of its first meeting and shall
then stand dissolved.
In other words, Prime Minister Najib Tun Razak needs to do nothing.
He can just allow the government to continue until Parliament is
automatically dissolved and then allow the SPR to call for the 13th
General Election, which must be held before the end of June 2013.
Of course, this has never been done before. Thus far, for 55 years
since Merdeka, the Prime Minister would request an audience with His
Majesty the Agong and will request His Majesty to dissolve Parliament.
His Majesty, however, can refuse this request according to Article
40a(2)(b) of the Constitution although this, too, has never been done
before.
Article number 40a(2)(b): The Yang di-Pertuan Agong may act in
his discretion in the performance of the following functions, that is to
say the withholding of consent to a request for the dissolution of
Parliament.
His Majesty can also declare an emergency whereby Parliament will be
suspended and elections can be postponed under Article 150(1) of the
Constitution and this declaration cannot be challenged in court.
Article number 150(1): If the Yang di-Pertuan Agong is satisfied that
a grave emergency exists whereby the security, or the economic life, or
public order in the Federation or any part thereof is threatened, he
may issue a Proclamation of Emergency making therein a declaration to
that effect.
Article number 150(2): A Proclamation of Emergency under Clause (1) may be issued before the actual occurrence of
the event which threatens the security, or the economic life, or public
order in the Federation or any part thereof if the Yang di-Pertuan
Agong is satisfied that there is imminent danger of the occurrence of
such event.
In other words, if His Majesty is of the opinion for whatever reason
that (1) the security of the country, (2) the economic life of the
country, and/or (3) public order of the country is under threat, His
Majesty can declare an emergency. His Majesty can also declare an
emergency to preempt such as occurrence (before it happens if His
Majesty believes it may happen).
The question would be: does Malaysia face such a threat? Well, it
does not matter what you and I think. It is what His Majesty thinks that
matters. Even if you and I do not think so but His Majesty does then
that is all that matters. Then a state of emergency can be declared and
Parliament is suspended and the general election can be postponed.
Is this lawful? Of course it is lawful. It is what the Constitution
allows and stipulates. Whether it is morally right to do that is another
matter. After all, morality is subjective, as I have tried to explain
many times in earlier articles. And we must admit that many ‘incidences’
of late appear to point to a breakdown of law and order (get it now?).
So, to those of you who are whining about Najib ‘postponing’ the 13th
General Elections, please stop whining. You sound pathetic and just
show how little you understand your own Constitution. Janganlah tunjuk bodoh. Malu!
If we are already in July 2013 and still the 13th General Election
has not been called yet then you can whine. Then we can say Najib has
postponed the general election. But July 2013 is more than ten months
from now. So until we are already in July 2013 we cannot whine and
complain that the general election has been postponed.
Of course, we can whine that Najib is the longest-serving
‘non-elected’ Prime Minister in Malaysian history. That would be
correct. But that is still not something illegal or unconstitutional. It
is merely morally wrong — or at least on the border of morally wrong
because what’s so immoral about taking over, as what Najib had done?
I mean, let’s look at it another way. Let’s say Abdullah Ahmad Badawi
had won the elections back in March 2008 (which he did) and the very
next day (9th March 2008) he dies in a helicopter crash. That same day,
9th March 2008, Najib takes over as the new Prime Minister. Does he need
to dissolve Parliament on 10th March 2008 seeing that we just had a
general election two days earlier?
Was it Barisan Nasional or Abdullah Badawi who won the 12th General
Election? Did we vote for the person or did we vote for the party? I
read many comments by Malaysia Today readers that say we vote
for the party, not the person. Are we against Najib or are we against
Umno? If Muhyiddin Yassin replaces Najib as Prime Minister will we now
vote for Umno or will we still oppose Umno?
Nevertheless, I did write a while ago that Najib is an ‘illegitimate’
Prime Minister in the sense that he was not voted into office but
inherited the job. And I did also write that the ‘window’ for Najib to
call for the 13th General Election was March this year. Unfortunate for
Najib, this window is closing fast and the longer he waits the lesser
margin for error he is allowed.
Najib’s only bet is for the opposition to make many more mistakes —
or perceived mistakes. But when he and Umno/Barisan Nasional also make
mistakes that would not help much. Both sides are bungling big time.
You have probably already seen the video below. Okay, what do you
make of that video? I bet you only saw the dog collar and not the dog,
as usual. Well, then let me help you see the dog.
What was Dr Xavier Jayakumar lamenting about? He was lamenting about the police and the military pulling out of Selangor’s Merdeka celebration.
In short, because Anwar Ibrahim instead of His Highness the Sultan of
Selangor was the guest of honour, the police and the military boycotted
the event.
So what does this mean? Hell, do I need to spell it out for you like
talking to a primary school kid? What it means is simply this: is it
your votes or is it the Palace, Police and Military that will decide who
gets to march into Putrajaya?
Think about this one. And do a bit more thinking and less shooting
off at the mouth. Ponder, people, ponder! Pull your head out of the sand
for once and see things for what they really are. And you may want to
read my earlier articles again, especially the one about the Istana’s influence in politics.
No comments:
Post a Comment