Monday, September 22, 2008

Hartal ISA on standby mode : Putrajaya within reach




The People’s Parliament
We are here, not because we are law-breakers; we are here in our efforts to become law-makers - Emmeline Pankhurst

Hartal ISA on standby mode : Putrajaya within reach
September 22, 2008

“Our timeline is by the hour. Putrajaya is within reach” - Saifudin Nasution, as reported in the Star online today.

I am reliably informed that the ‘mother’ of all meetings is expected to take place some time today. Once that happens, this should trigger a series of events that should lead, God-Willing, to the culmination that all fair-minded anak-anak Bangsa Malaysia have been praying for.

Again, I can’t say more than this.

‘How imminent is the change?’, many of you have been asking.

Let me put it this way.

On 3rd August, notwithstanding the disapproval of most of you, I joined Sheih aka Kickdefella and Zorro in rendering our national flag in distress mode on this blog.

Like this.


And it continues to remain in distress mode in the sidebar of this blog.

From the information that I am receiving, I hope to be able to proudly and properly display our national flag in this blog before RPK’s birthday on 27th September.

God Willing.








--------------------------------------------------------------------------------

Possibly related posts: (automatically generated)

So, do we Hartal ISA?
Posted by Haris Ibrahim
Filed in Taking back our country

29 Responses to “Hartal ISA on standby mode : Putrajaya within reach”
peng Says:
September 22, 2008 at 1:30 pm
I can’t wait to hear the news!
But we can expect the new tomorrow to be filled with challenges. I hope that people do not expect a total change in 24 hours. After all, this rot we are in took 50 years to build.

LKO Says:
September 22, 2008 at 1:40 pm
I can’t say I am waiting for the nail-biting ending. I’ve bitten off all the nails.

I am praying for a peaceful, fair and best solution for the country. A country without the crooks entrenched in BN.

Muhammad Firdaus Christopher Says:
September 22, 2008 at 1:42 pm
Yup, you said it alright… I too am following closely with one of the sources that is in that meeting.

Am planning another trip back to the hotel where this is all happening in a day or two.

Cheers, God Bless and see you soon again. We are on our way and victory is upon us all.

Ardent readers, commentors (especially from abroad),

The time of reckoning is very, very NEAR and let us all pray that the change in administration is carried out without major issues.

Christopher

mei1 Says:
September 22, 2008 at 1:47 pm
Meaning to say that the countdown has just begun? Let’s keep our fingers crossed for that. =)

Thinking Light Says:
September 22, 2008 at 1:50 pm
If Haris is confident, then it is enough for me.

Whether if it is today, tommorow or next week or 5 years from now. LAWAN TETAP LAWAN!

su Says:
September 22, 2008 at 1:51 pm
Hartal on standby, Malaysians on standby. Me on standby.

Seng Says:
September 22, 2008 at 1:51 pm
RPK, I just want to wish you happy birthday. I pray that you will be able to celebrate your next birthday with you family and friends and under a new gorvernment. I haven’t got the chance yet but I know someday I will be able to shake your hand and take a picture with you. You have done and sacrificed so much for the people and country. You deserve so much more than those scums who are driving this country to the ground.

yh Says:
September 22, 2008 at 2:04 pm
cant wait for a new dawn.

but, even if it means another 4 years of waiting, its worth it.

SAJ Says:
September 22, 2008 at 2:22 pm
The woods are lovely,dark and deep,
But I have promises to keep,
And miles to go before I sleep,
And miles to go before I sleep.

Robert Frost

Visvanathan M Says:
September 22, 2008 at 2:23 pm
We will make it happen bro! There must be change. Hartal i shall happily participate if need be.

Peace always,

M Visvanathan

Markky Says:
September 22, 2008 at 2:42 pm
Yes, the BN govt may be able to put DSAI under ISA but can she put the rakyat under ISA?

The BN actual enemy is not DSAI but the rakyat who is fed up with them and are clamouring for change.

You cannot keep a good man down much less the rakyat. We, the rakyat, will rise and be master of of this land and ISA will be no match against our rising!!!

May God be on our side, mederka!!!

mosesfoo Says:
September 22, 2008 at 2:59 pm
Dear Haris

Dear Moses,

You said : Whatever it is, I want that the country be on an even keel, people can find a decent living, there is a sense of and the act of fairplay and justice.

Response : I know what you want. What I do not know is what you will do, what you are prepared to give up in order to achieve what you want.

You said : It is hard to face all this whispering and wind-blowing news.

Response : Trust me, Zorro, I and many others know that it is hard.

You said : If necessary, just be done with it so that all of us can move on to facing the uncertainties due to the worldwide financial tsunami.

Response : Move on if you want. Some of us will stay the course, come what may.

You said : Some of us wish that status quo remains; some would like to have fresh air; others have rice bowls to fill.

Response : Whatever, lah

Regards

Yes, regards to you, too.

flyer168 Says:
September 22, 2008 at 3:03 pm
Dear Haris,

This is the Devine Intervention working in the last 48 hours !

Whilst the Powers-that-be are playing for time, frustrating & delaying DSAI’s & PR’s request for the meeting with PM, requesting the Emergency Parliament sitting, etc - we are now 6 days off target 916.

DSAI & PR have to outsmart the Powers-that-be & not be caught in the “Trap” with the threat thrown at him. So we should not pressure him into a “False” move.

Alot of Anak Bangsa Malaysia share your sentiments & are impatiently awaiting that elusive “Skychange”.

The “Hartal” action plan is on “standby” mode.

With the present Political deadlock turning “dangerous & ugly”, let us all stay cool & focus on the “Objective Target”….”to reduce BN’s majority”.

Already the BN’s self-destruct mechanism is in action - yes, Anarchy within BN & UMNO (Political Opportunists & wannabe “Party & PM Heroes” ) - the Powers-that-be are having a dose of their own medicine - yes, Multi-Derectional divertions from several fronts “Simultaneously” for PM to step down.

Devine Intervention will ensure the “Headache” will be on the Powers-that-be with this new development.

Our combined all faith prayers for DSAI & YM RPK including all the ISA detainees release in this auspicious month of Ramadan will be answered.

God Almighty is Benevolent & Merciful.

The “Titanic” will be “Crippled” in no time & “Skychange” can be achieved in due course.Insha’Allah.

Malaysianatheart Says:
September 22, 2008 at 3:23 pm
Yo bro,

Yep … okay, it seems to be going to plan. Thank God AAB was stupid enough to dismiss the letter requesting for a meeting off-hand. Otherwise, we would have had to wit till tommorrow to get this other meeting going! I hear the meeting is scheduled for 4.30 p.m. News should be breaking by 5.00p.m. or 6 latest …

You know, I can’t remember ever being even half as excited as I have been in the last 2-3 weeks and more so now! Not even the prospect of sex for the first time got my adrenalin going at this rate! Come on Haris, you gotta admit - this has gotta be better than sex bro!!

Keep the candles burning people!

Malaysianatheart,

Better than sex????????????????????

At the risk of sounding unpatriotic, I have to responding with a resounding ‘NO’

TJ Says:
September 22, 2008 at 3:41 pm
Haris,

This has been harrowing.

Regardless, even if it will be for the long haul, so be it. I am with you and the rest of fair minded Malaysians!

thegodfather Says:
September 22, 2008 at 3:45 pm
Bro,
The anticipation is driving me nuts! Give us a hint of what’s going to happen … please.

thegodfather,

Pakatan will form the next federal government

delcapo Says:
September 22, 2008 at 3:51 pm
If I’m AABzzz (who is clining on in hope of an improved legacy to leave behind?)… i’ll quit immediately - take the cue from Japan, Sth Africa & Israel’s leaders…

it’s coming… COME ON!!

______________________
http://delcapo.wordpress.com/

alexander korc Says:
September 22, 2008 at 3:57 pm
thks Harris. God bless to all the king maker and PR. the day of reckoning is here. To God be the glory!

rajesh Says:
September 22, 2008 at 4:02 pm
hope for the best.. fingers crossed…having the numbers or taking over to form a new goverment .. on one side.. are they really capable of delivering the malaysia people are expecting them too.. lol we don have much choice do we.. if not BN then its the PKR and party.. lol when they fail BN .. i think we would be posting similar comments for BN to come back…

its not that te PKR is not going to make racial comments.. its not that they are going to be cleaner.. well people have the right to hope and be disappointed..

my19 Says:
September 22, 2008 at 4:07 pm
“I CAN’T say more than this” or “I AM NOT ALLOWED to say more than this”. If you are comfortable with what’s happening and its progress, then it’s more than enough for me. There are two things I am looking forward to by Oct 1st - Al-Qadr Night and Pakatan Rakyat takes over the Malaysian government, hopefully both at the same time.

lilian Says:
September 22, 2008 at 4:10 pm
Just read from Zorro unmasked : http://zorro-zorro-unmasked.blogspot.com/ mentioning about doing Hartal tomorrow (23rd Sept). Will there or will there NOT be a Hartal tomorrow? Please confirm. And how do Malaysians abroad help, if it’s not to late. Thanks.

Truth Shall Prevail Says:
September 22, 2008 at 4:26 pm
Yahoo…Prayers answered

Better than sex????????????????????

At the risk of sounding unpatriotic, I have to responding with a resounding ‘NO’
I am so excited too….Man I dont know what to do

barry Says:
September 22, 2008 at 4:28 pm
I look at my beloved children, my family members, and I pray to God Almighty to have mercy upon us and give us release from the evil oppression in this country.

ISA must go! NS must be scrapped! Independence of our Judiciary!

Daniel Says:
September 22, 2008 at 4:32 pm
Rajesh,
What makes you think that “they” are not going to be cleaner?
BN is so dirty and corrupted, I really doubt anyone can match them for that.

Patricia Says:
September 22, 2008 at 4:46 pm
‘… be still my beating heart….’

Although used for romantic reasons, I use it here to say I’m anxious, kinda confused, but feeling hopeful.

I’ll wait for the flag, Haris. When I see it upright, I’ll know, ya?! (Notice I said ‘when’, not ‘if’

And I can’t agree with Malaysianatheart either. This is good, but, really lah!

Pat

Soon, soon!

Ben Says:
September 22, 2008 at 5:10 pm
Hey, Haris why is the flag still upside down? Quickly change it before other bloggers beat you to it. Its time to celebrate! No more beating of the breasts and mourning. Only good times, let’s celebrate good times. A new dawn is here.

Ben,

Soon!

Malaysian Wannabe Again Says:
September 22, 2008 at 5:22 pm
I have to share this with you guys but I hope that it does not come across as being lewd.

I was in a meeting with a bunch of managers many years ago when one of the managers complained of being totally stressed with work. Our boss quiped in that “There is no such thing as stress as it is all in the mind, define stress”.

Quick as a flash, my offsider came with his definition - “Stress is that infinitesimal second before orgasm”. Needless to say, many of us wet our pants.

As an aside, my son shares his birthday with RPK so Happy Birthday to both of you onb the 27th. There are 4 Librans in our family, myself included. I knew us Librans were very balanced people.

AuntyG Says:
September 22, 2008 at 5:23 pm
Haris,
The first time I read your blog, you were rather skeptical about PKR (particularly the rookie “camera-man” contesting). I was then (perhaps only half) as skeptical as you, and I heard you speak at the SubangJaya rally (yes, the one without nasilemak freebies, and have to give donation sommor …).
Now … you have become more confident … and I am equally thrilled …. hmmmm

AuntyG,

Our political circumstances are very fluid.

Lynn Says:
September 22, 2008 at 5:25 pm
Dear Haris

I believe in you and if you say Pakatan is going to form the next federal govt soon, I say Yipee!!! It is long overdue and from what the Selangor and Penang Pakatan state governments have initiated so far, I’m so very confident that the Pakatan federal government coming soon will be that much more transparent, accountable and competent.

In my heart, I am already rejoicing that the sky is beginning to brighten for ALL Malaysians.




1 comment:

Oon Swee Lee said...

No short cut to power
Sunday, 21 September 2008 09:12am
©The Sunday Star (Used by permission)
by Shaila Koshy, Hariati Azizan, Joseph Loh and Rashvinjeet Eedi

What rules govern a battle for the leadership of the Parliament and the country? Can a change of government be as easy as the Opposition has made it out to be?

CAN it be as easy as providing a list of MPs aligned to an alliance to form a new government? Or does the process have to take place in Parliament when it is in sitting?

Right now, Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim says “I’ve got the numbers” and Prime Minister Datuk Seri Abdullah Ahmad Badawi says “Show me”.

There has never been as much debate or speculation over how a change of government can take place as of late because of the Sept 16 deadline set by Anwar. Will it or will it not, can it or can it not? So many questions and so few informed answers.

Right now, there are so many ifs that trying to see it through to a rational conclusion is a mind-boggling exercise, especially when ethics and morals are thrown into the equation.

Shedding light on constitutional politics, law professor at Universiti Teknologi Mara (UiTM) Prof Dr Shad Saleem Faruqi shares in his column in The Star that the system of government in Malaysia allows the Prime Minister and the Cabinet to remain in office as long as they command a parliamentary majority. If there is a vote of no confidence or if defections from its fold rob the ruling party of its majority, then under Article 43(4) the prime minister has two choices.

First, to resign and pave the way for the King to appoint someone else as prime minister. Second, to advise the Yang di-Pertuan Agong to dissolve the Dewan Rakyat and call fresh elections.

Associate professor in political science at Universiti Sains Malaysia (USM), Dr Ahmad Fauzi Abdul Hamid points out that the Opposition can also request for a meeting with the King to convince him that they have the numbers that make up the majority of MPs in Parliament.

“The King then can summon the named MPs and upon being convinced, may give assent for a formation of a Pakatan Rakyat government,” he explains.

Under Article 40(1), the King is a constitutional monarch who is bound to act on advice. But in a number of enumerated situations, he is constitutionally entitled to act in his own discretion, including dissolution of the Dewan Rakyat.

No legal impediment

Constitutional law expert Datuk Dr Cyrus Das further explains that under Article 43(2)(a), the King has to appoint a Prime Minister whom in his judgement, is likely to command the confidence of the majority of the members of that House.

The issue that arises is how one determines the loss of confidence of the majority, and he opines that from past precedents, both methods have been used - “ namely, via a vote in the floor of the assembly or by a signed document or petition.

The question, says Dr Das, is if this loss of confidence entails that the King is obliged to dissolve parliament. The fact is that the dissolution of Parliament is entirely at the discretion of the King, as outlined in Article 40(2).

And going by constitutional convention, determining whether the Prime Minister has ceased to command the confidence of the majority in the Dewan Rakyat is usually by a floor vote.

“Under the Federal Constitution, it is Parliament that must dismiss the PM; not the King,” says former Dewan Rakyat Secretary Datuk Abdullah Wahab.

While the 1966 Ningkan case in Sarawak bears that out, Dr Das points out that in 1994 in Sabah, “the fall of the PBS (Parti Bersatu Sabah) government was determined by a petition signed by a majority of assemblymen stating they had lost confidence in Datuk Joseph Pairin Kitingan as Chief Minister.”

It was held, he adds, “that in the face of a clear majority a floor vote was not necessary.”

But that’s assuming Parliament is in session. But it isn’t; the House is on a break until Oct 13.

Anwar has asked for an emergency session of the Parliament but on Thursday, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia said under the House Standing Orders only the Prime Minister can do so.

Even then, there has to be 14 days notice, he added.

Then there is also the fact that the Prime Minister can suspend the Dewan at his discretion for six months, points out Abdullah.

“Then again, I’m not a lawyer but I think 200 MPs - marching to the Palace to say they have no confidence in the PM - would constitute a motion of no-confidence of sorts,” he adds in speculation.

An important person in many of the possible scenarios that could occur is the Yang di Pertuan Agong.

As Universiti Malaya law lecturer Azmi Sharom points out: “If the Opposition wins the vote of no-confidence against the Prime Minister, they will ask for an audience with the King. Constitutionally, the King has two choices; he may dissolve Parliament (which is in his discretion utterly) and new elections will have to be held, or he may request the PM to step down.

“The King can then appoint the person who commands the confidence of the House to be the new PM (again - completely in his discretion).”

The question now is whether, by refusing to convene an emergency session of Parliament, the Prime Minister has unwittingly sent Anwar to the palace doors. How can the Prime Minister and the Barisan government fend off a possible takeover? How clean must they keep their hands, especially if MPs may be jumping ship for a financial consideration?

“Ethically, there is nothing they can do,” says Azmi.

“Un-ethically they may declare an emergency thus suspending Parliament indefinitely and govern via the Executive.

“If they do this, it would mean ruin for the country, particularly economically and for our standing on the world stage.”

A question of morals

On the legality of party-hopping, Dr Das says this has been settled by the 1992 decision of the Supreme Court in the case Dewan Undangan Negeri Kelantan & Anor v Nordin Salleh & Anor.

“Crossovers were declared as legal, as part of the freedom of association belonging to an individual under Article 10 of the Federal Constitution,” he says.

As lawyer Edmund Bon elaborates, “You have the freedom to join any party you want, and this freedom of association also includes the freedom of disassociation.”

When it comes to party hopping, the point of morality arises, and the reasons for them switching allegiances will be questioned.

Says Bon, “Everybody agrees that if they are crossing over for money, it is a corrupt act and cannot be allowed. But what about MPs who no longer believe in the party they originally joined, and now believe in another party to continue the struggle? If they say they can serve the people better with this new party, why should we question that?

“There must be good reasons for a cross-over. These reasons must be made clear and transparent to the people,” says Bon, adding that it is for the people to decide at the next elections if they still trust him.

He cites Parliamentarians in England who do not party hop,

“If they do it, their credibility is gone! But it is so common in Malaysian political culture that we think nothing of it.”

Malaysians for Free Elections (Mafrel) acting chairman Syed Ibrahim Syed Noh agrees that MPs have a right to jump party.

“But they are answerable to their constituents and they owe it to them to give an explanation and try to justify the reason behind their actions.”

Another contention that arises from party hopping is the reason the electorate voted an individual to office - were they voting for the individual and what he stands for, or the party he represents?

As Bon describes, the electoral system in Malaysia is based on the first-past-the-post system. In this system, the candidate that garners the most number of votes in a constituency wins, and the party with the most seats forms the ruling government.

In a proportional representation system, the number of seats in government is determined by the number of votes cast, therefore the party is given a percentage of seats corresponding to the percentage of votes received.

“In this kind of system you cannot party hop because you are voted in for your party line,” Bon says.

However, Malaysia has a constituency-based system - which means that we vote for the person, not the party.

“It has been drummed into our heads that we either vote for Barisan Nasional or the Opposition. We should be voting for what the person stands for,” says Bon, adding that more voter education is needed to correct this mindset.

When push comes to shove, the ideal - and some might say the honorable, morally acceptable way - for an elected representative who wishes to switch parties is for him to step down from his ministerial seat and force a by-election.

Says Bon, “The person can then stand on the ticket of the preferred ‘other’ party. This is to seek a fresh mandate from the people.”

Dr Ahmad Fauzi concurs: “The morally ethical action for an MP who wishes to cross over to a rival party would therefore be to resign and stand in a by-election on his new party’s ticket against a candidate from his previous party.”

However, says Bon, the ruling government in 1990 ensured that this route can no longer be taken today because of the addition of Article 48(6) into the Constitution.

This states, verbatim: A person who resigns his membership of the House of Representatives shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the House of Representatives.

Citing the example of Datin Seri Wan Azizah Wan Ismail, who resigned her Permatang Pauh seat, Bon says, “One is disqualified for five years from seeking re-election. The only route for one to properly defect or cross-over has been demolished. How does one join another party as an elected MP pursuant to his/her freedom of association and disassociation?”

He believes that the law by way of Article 48(6) is unjust and immoral. If you were to read the Parliamentary debates on the amendment proposal in 1990, he says, it’s quite clear that Article 48(6) was introduced to deal with the situation of Datuk Shahrir Samad. Then, he resigned as an Umno MP and won the subsequent by-election as an independent candidate.

Syed Ibrahim opines that the loyalty of MPs should be to their voters first, so if they think that it is for the people’s good that they leave the party, then they are morally required to do that.

“However, if they are doing it for their personal gains, such as for the advancement of their political career, then it is absolutely immoral for them to cross over to another party,” he adds.

One way to end the uncertainty, he says, is for the Government to advise for the dissolution of the parliament and call for fresh elections when the Opposition calls for a vote of no confidence against it. “That is the gentleman’s way but it can backfire,” he says.

Former de facto Law Minister Senator Datuk Zaid Ibrahim says the issue of who has the support of the Dewan Rakyat has sapped the energy of the nation grappling with pressing economic issues.

“It’s time to put the issue to rest by having dialogues and consultation between the Prime Minister and the Opposition Leader.

“Why is such a meeting so offensive and fruitless when we have not even had one? The maturity of our political protagonists are being watched by the rakyat and the parliamentary system itself will be ridiculed when a meeting on a subject of importance to the rakyat is not possible.”

Zaid says the law and constitutional issues must be viewed in the context of upholding democratic principles and accepting the mandate of the rakyat.

A solution has to be found that will reflect this understanding, he adds.


Website - http://www.malaysianbar.org.my/news_features/no_short_cut_to_power.html