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10 APRIL 2024

Friday, September 26, 2014

The problem is not with Selangor constitution


YOURSAY ‘It would be foolhardy to bring the matter up in the courts.’

Selangor group backs state constitution reform

Pemerhati: NGO Kembalikan Selangorku should realise that there is nothing wrong with the constitution. The problem has come about because the sultan has seemingly not followed the constitution.

So to solve the problem caused by the sultan’s unconstitutional action, the state could alter the present constitution so that he does not have a say in the appointment of the MB or have some sort of a mechanism whereby the wrong action by the sultan can be overruled and corrected.

The reality in Selangor currently is that since most of the PAS assemblypersons are not cooperating with DAP and PKR, Pakatan Rakyat cannot get the two-thirds majority to change the constitution.

Knowing how the judiciary turned the law ‘upside down’ in the Perak case to give judgments against Pakatan, it would be foolhardy to bring the matter up in the courts.

So the only option left for Opposition Leader Anwar Ibrahim now is to make the best of a bad situation by letting PKR deputy president Azmin Ali become MB and make changes only when Pakatan is in Putrajaya.

RR: Going to court on constitutional matters in Malaysia is a foregone conclusion. We can see the writing on the wall except that if the matter is before bold and righteous judges who are rare here.

Let things cool down under Azmin as MB and let him move the amendments in the state assembly resonating the principles of constitutional monarchy practiced worldwide, including gender neutrality.

In the meanwhile, NGOs should vehemently speak up for women’s rights now.

Proarte: Kembalikan Selangorku is very naive in assuming that our courts can decide on the legality of the recent royal modus operandi in the appointment of the Selangor MB.

Any action now will only compound a scenario where there is a complete breakdown in the rule of law. The courts in Malaysia are widely believed not to be independent. Our current AG (attorney-general) makes no pretence of being a government stooge.

Rather than being confrontational with a fascist regime, let Azmin do what is within his powers to put his support to the test in a free vote in the state assembly. Being legitimised by the state assembly will show the rakyat that Pakatan believes in the rule of law and respects the state constitution.

At the moment, there are still ruction in PKR and also DAP that Dr Wan Azizah Wan Ismail, the rightful MB candidate, was humiliated and sidelined undemocratically. If Azmin puts his support to the test this will go a long way towards justifying his position as a legitimate MB.      

Wandering Star: For the moment, I think Anwar and Kak Azizah acted correctly by putting their principles and pride in the back seat.

There is no point knocking your head against the wall. Losing a battle and regrouping was a sensible move so as to prepare for the final strike and winning the war. Is it not more satisfying then?

Aries46: The suggested amendment to the constitution is timely and mandatory in view of the clear and present ambiguities that could be subject to maneuver by those with vested interest and ulterior motives out to deprive the qualified and rightful candidate's ascendancy to head the state.

Azmin must take these and other precautions, bearing in mind the recent imbroglio in which PAS broke ranks to team up with Umno in support of Khalid Ibrahim that shook up the Pakatan administration.

Considering the divisions and the unity government-favouring stand of the right-wing factions in PAS and its wishy-washy commitment to Pakatan, Azmin would do well to beware of PAS jumping ship midway and a Perak fiasco all over again in Selangor.

The Analyser: I might be politically naive, but if I wanted to amend the constitution then the first change I would make would be to take control of changes out of the hands of the politicians and give it to the voters.

Nobody could object to that move without being branded a traitor. After all, that's to whom the constitution belongs - to Malaysians, not to political parties nor courts of law.

But, I'd wager that nobody associated with politics would be prepared to sacrifice the grip on power they already have. That's Malaysia for you.

KnockKnock: Enough of all these noise and nonsense and let Azmin prove his worth at least for about three years till the 14th general election (GE14).

There is no one group in this country who could make everyone happy. If Azmin could achieve "excellent" in his work, the PM seat could even be his in future.

Vijay47: Yes, Pakatan or PKR or DAP or Anwar caved in to the sultan's demands and they surrendered their democratic and constitutional rights. Some say Pakatan should have fought to the bitter end, but perhaps for the moment let us leave the heroes to swagger and sashay in New York.

It is all well and good that PKR and DAP should not have buckled under since they had the option of turning to the courts for justice. Which courts? The ones in Malaysia? The ones in Perak? The ones where judges reek of intolerance and fanaticism?

Pakatan was betrayed, stabbed in the back, and painted into a corner. So deciding that discretion was the better part of valour, they agreed to the half a loaf that was Azmin.

It is conceded that a bad even shameful precedent was set but in the process, some who deserve respect and affection lost both. -Mkini

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