Thursday, September 18, 2008

SAPP Supreme Council declares that SAPP is no longer a member of the Barisan Nasional

SAPP Supreme Council declares that SAPP is no longer a member of the Barisan Nasional

Press statement by SAPP President Datuk Yong Teck Lee after the SAPP Supreme Council Meeting at Party HQ, Kota Kinabalu on September 17, 2008 (4:30 pm)

The BN has lost its "BN spirit". It was not that the people who did not want the BN, it was the BN who abandoned the people. In spite of repeated appeals from some BN members to other BN leaders to be more sensitive to the peoples' feelings, these leaders continue to treat the people with contempt. Perhaps, after 50 years of uninterrupted government, some BN leaders have got it in their heads that they have a divine right to rule.
On March 8, the people had spoken out loud and clear. The BN paid a heavy price. But yet the BN refuses to learn. The ruthless increase in fuel prices on June 4 and the failure to tackle inflation and economic slowdown have dealt a severe blow to ordinary people. The recent blatant abuse of the ISA against an innocent journalist, an MP and a blogger only confirms that the BN leadership has not learned from their mistakes. The shameful Taiwan trip by 49 BN MPs and the instigation of racial animosities have aggravated the collapse of confidence among the people and leaders, not only on the PM but the BN as well. The PM's budget 2009 was totally uninspiring and has already been discredited even before it was debated in Parliament. The BN has lost its moral authority to rule. Numerical majority in Parliament means little if the people no longer respect you.
Minister Datuk Zaid Ibrahim's resignation only confirms what many lawyers already knew that is that the Prime Minister and his government has never had the intention to reform the judiciary. Datuk Zaid's exposure about "the BN government being paralysed by internal strife and divisions" has also been known to many people in the BN. In many other countries, such paralysis of government will lead to fresh general elections.
The PM himself appeared drifting, not knowing what has been happening around him. SAPP has nothing personal against the PM and family. None of the matters raised by SAPP concerns his person, his family, son, daughter, son-in-law or businesses. SAPP is only concerned about the issues affecting the country such as the need for good governance, the dangers of racial polarization and injustice of economic imbalances to be tackled effectively.
SAPP hereby proudly dissociates ourselves from these shameful wrong doings of the BN government. SAPP further believes that the BN is not capable of practicing good governance and non-racial politics; that BN has no intention in granting autonomy to Sabah, returning 20% of oil royalties and Labuan to Sabah, implement Borneonisation, review unfair federal laws and departments in Sabah, solve the illegal immigrants problems and remove social and economic imbalances. The BN leadership even refused to recognize historical facts by denying September 16 as Malaysia Day, 45 years.
SAPP had only wanted to see that the legitimate rights of Sabah and the unfairness suffered by Malaysians in Sabah be given due attention with results. The BN must realize that, if not for Sabah and Sarawak, BN would be in the opposition today. But instead of sincerely working to solve the issues raised by SAPP, the BN has chosen to embark on a course of action to destroy SAPP. The SAPP Supreme Council hereby condemns the attempts of BN operatives to destroy SAPP through divide and rule tactics and by abusing the economic resources of the BN State and Federal Governments aimed at instigating SAPP members and leaders to destroy SAPP.
As a matter of fact, by deliberately excluding SAPP from four consecutive meetings of the Dewan Tertinggi and two meetings of the Management Committee ever since the announcement of no confidence on the Prime Minister on June 18, the BN has effectively terminated the membership of SAPP. The SAPP Supreme Council hereby declares that SAPP is no longer a member of the Barisan Nasional coalition of parties.
SAPP is now free from the BN. SAPP shall henceforth use this freedom to pursue our autonomous political path to fulfill our mission to establish a trustworthy government and a progressive, just and harmonious society. We are no longer subservient to BN. We now have the master key to our own house. We shall build a brighter future for our people and the younger generations to come.
SAPP members who hold political appointments in the executive branch of Government shall relinquish their posts by giving the due notice under the constitution and relevant rules and regulations, starting at the Cabinet level.
With our experienced MPs, ADUNs and other party colleagues, SAPP shall provide quality opposition in and outside the Parliament and State Legislative Assembly until the time comes when SAPP is ready to be back in government.
I call on our members to be brave. Do not despair. Remember that one of our party culture seven values is Resilience. From the day we join the party, we knew that things can get very rough for us. Yes, together we shall overcome this difficult period because the people are with us. With the strong encouragement and support of the people, SAPP will succeed in our struggle.
In view of the current fasting month of Ramadhan, SAPP shall only embark on a series of political activities two weeks after Hari Raya. We shall plan a road map to victory in future elections. We shall elaborate how we plan to achieve the eight-points declaration, namely:(i) Good governance and non-racial politics,(ii) Autonomy for Sabah,(iii) 20% oil royalties,(iv) Return of Labuan,(v) Review of unfair laws and detrimental departments,(vi) Borneonisation of the federal civil service,(vii) Solution to the illegal immigrants issue, and(viii) Redress economic and social imbalances.Thank you.Issued by SAPP HQ.
Websites -,,,,“free-mp-teresa-kok-parliamentary-caucus”-formed/#more-1481,,,,

Anil Netto reports: Sapp pulls out of BN; Blogger Kickdefella detained17 09 2008
September 17, 2008
Najib new finance minister
Abdullah goes to defence, may leave earlier
PM describes Anwar as "threat to security"
Blogger Kickdefella detained for sedition
Over 30 MPs to back habeas corpus application for Teresa Kok
Anwar will succeed, says Nik Aziz
Khairy, Khir Toyo gunning for Umno Youth's top post
300 attend DAP candle-light vigil in Penang
Mahathir "persuaded" to rejoin Umno
ACA begins investigations into "cross-over" offers
Muslim NGO demands release of Teresa Kok, Raja Petra, etc
1951hrs: Kelantan deputy police chief SAC II Amir Hamzah Ibrahim, when contacted, said he could not confirm blogger Kickdefella's detention for sedition as the Kelantan police were not informed about it, reports The Star online. The blogger's wife, however, told the paper she was informed that he was being arrested for sedition.
1932: Blog reader Sewel tells us:
Anwar, as the leader of the Opposition, is within his rights to invite members of the Government to join his party and form a government. There is no law against it.
So in essence if Anwar has the numbers he just needs to advise the Speaker of the House and the PM and seek an audience with the Agung. The Agung then notifies the Speaker to undertake a head count of members for and against the Government and the PM either survives the motion or a new PM and cabinet is elected. It's that simple.
1913: More than 30 MPs have agreed to put forward a harbeas corpus application to cancel the ISA detention of Teresa Kok, reports Suara Keadilan. Among those present at the media conference in Parliament were Khalid Ibrahim, Guan Eng, Hatta Ramli, Karpal - and Zaid Ibrahim. "This is the first time that the nation has detained a woman MP using the ISA," observed Kit Siang, who lamented the absence of BN MPs at the caucus. Meanwhile, Teresa has lodged a police report against Utusan Melayu, columnist Zaini Hassan and Khir Toyo for criminal defamation.
1911: Umno Youth deputy chief Khairy is going for Umno Youth's top post.
1849: Kickdefella's wife believes that he was arrested for sedition, reports Malaysiakini.
Abdullah's description of Anwar as a "threat to the country's economy as well as a possible threat to (national) security" now sounds ominous.
1820: Rocky Bru has revealed that blogger Kickdefella was picked up by police. He was detained in Kota Baru at 5.00pm today.
1815: The ACA has begun investigations into claims by BN MPs that they are being offered money by Pakatan Rakyat to cross over, reports The Star.
1811: Sapp has come up with an 8-point declaration:
Good governance and non-racial politics,
Autonomy for Sabah,
20% oil royalties,
Return of Labuan,
Review of unfair laws and detrimental departments,
Borneonisation of the federal civil service,
Solution to the illegal immigrants issue, and
Redress economic and social imbalances.
1804: Sapp president Yong Teck Lee explains why his party has pulled out of the BN:
The BN has lost its "BN spirit". It was not that the people who did not want the BN, it was the BN who abandoned the people. In spite of repeated appeals from some BN members to other BN leaders to be more sensitive to the peoples' feelings, these leaders continue to treat the people with contempt. Perhaps, after 50 years of uninterrupted government, some BN leaders have got it in their heads that they have a divine right to rule.Full statement here.
1733: Pas information chief Mahfuz Omar says the Cabinet reshuffle reflects Abdullah's weakened position. Mahfuz is worried that the PM will use the Defence Ministry as a lifeline to thwart Pakatan's goal of a political transition.
1713: As alluded to earlier, Sapp has pulled out of the BN, a day after its leaders attended a Sabah DAP forum. It will become an independent party. Party deputy chief Raymond Tan is quitting the party. It's been another dramatic day.
1712: "Panic is mounting in (global) financial markets," according to an economic report I have just received. Dozens of US banks and many hedge funds are in serious trouble. "The fallout of the financial turmoil in the U.S. is becoming global with stock markets all over the world plunging."
The Malaysian economy is unlikely to be spared from the fallout. Has the PM, now safely ensconsed in the Defence Ministry, knowingly allowed Najib to assume the hot seat while he "monitors his performance" to see whether his deputy is fit to take over?
1618: Khir Toyo has reiterated his stand that he is going for Umno Youth's post, according to Bernama. That explains his recent "high profile". The other hopefuls are Mukhriz and Padang Besar Umno division chief Zahidi Zainul Abidin.
1608: The KLCI has dropped to 1003 now from 1008 around lunch-time.
1600: PM Abdullah Badawi has described Anwar as a "threat to the country's economy as well as a possible threat to (national) security." (Malaysiakini)
1556: The global economy slowdown is likely to affect the Malaysian economy and pose a serious challenge for new Finance Minister Najib. It's not going to be smooth sailing for the new man unless far-reaching pro-people economic policies are introduced to benefit ordinary Malaysian and to help workers and disadvantaged groups cope with rising prices. Does Najib have the right experience for such a critical time?
1523: But why is Abdullah taking over at Defence at this time?
1456: The Sabah DAP forum in Kota Kinabalu yesterday was attended by more a thousand people, according to Sapp. Guest speakers included Yong Teck Lee, Tunku Abdul Aziz Tunku Ibrahim and Jeffery Kitingan. Kit Siang presented the closing speech.
1451: By now, we can see what kind of impact 916 has had on the government: The ISA arrests, Mahathir's planned re-entry into Umno, Zaid's resignation, Sapp reconsidering its position in the BN today, and now this Cabinet surprise. Are they all isolated incidents or isn't it more logical to see a common thread running through them: the demand for change from the people post-8 March?
1445: Abdullah is taking over Najib's defence portfolio.
1434: It may be seen as a serious weakening of Abdullah's own position in the Cabinet in relation to Najib. The PM says he will not stay on after 2010 but "may go earlier". Najib has strengthened his hand in government. Perhaps the hope is that this Cabinet swap will pre-empt the Mahathir-inspired faction, Razaleigh and Muhyiddin from gaining momentum and pacify Najib until Abdullah is ready to hand over. In one way, it may be seen as history repeating itself. Abdullah's current position may be reminscent of the tail-end of Tunku's tenure in 1969-70 when Najib's father Abdul Razak for all intents and purposes held real power even though the Tunku only stepped down later. But has Abdullah got a trick or two up his sleeve?
1428: Najib is the new Finance Minister with immediate effect, according to my media sources. I interpret this move as giving him more power in the government as part of the transition deal, perhaps to pacify him until such time as the PM steps aside.
1424: The Sapp meeting scheduled for today is to discuss the party's status in the BN. Meanwhile, Sapp leaders were at a Sabah DAP forum last night titled "Malaysia Towards a New Era". Kit Siang referred to Yong's presence as part of the "Pakatan Rakyat Plus Team".
1414: Mahathir has been "persuaded" to rejoin Umno, reports the Malaysian Insider. "God willing, he will submit his membership application form soon, possibly before Aidilfitri," it quotes Mukhriz as saying.
1404: Pastor Sivin Kit of the Bangsar Lutheran Church has set up a "prayer wall" on his blog, where you can post prayers for the immediate release of the ISA detainees.
1358: A Muslim NGO, Jamaah Islah Malaysia (JIM), has come out strongly to condemn the ISA detentions of Teresa Kok, Raja Petra and others. It has also questioned the detention of journalist Tan Hoon Cheng. Read the full statement here.
Firman Allah s.w.t. dalam surah Al-Hujurat ayat 6, penyebaran perkhabaran dan maklumat yang tidak sahih lagi meragukan menyebabkan berlakunya pertimbangan yang tidak adil, lantaran mengundang kepada musibah fitnah yang melanda masyarakat.
Riwayat hadith Ibnu Majah dan Abu Dawud menyebutkan bahawa kadi yang menetapkan hukuman kepada seseorang bedasarkan sumber-sumber bukti yang tidak benar akan dicampakkan ke dalam api neraka sewajarnya cukup menjadi pengajaran bagi kerajaan untuk mengutamakan prinsip keadilan Islam yang rasional berbanding dengan sentimen-sentimen perkauman yang rapuh dalam menjaga kemaslahatan masyarakat.
Regarding the Azan issue, JIM says:
Penahanan Ahli Parlimen Seputeh, Teresa Kok pula merupakan satu ketidakadilan kerana dakwaan bekas Menteri Besar Selangor keatasnya telah dinafikan sekeras-kerasnya. Malah, masjid di Damansara yang dikatakan disuruh perlahankan bunyi azannya telah memberi penjelasan bahawa azan tidak berbunyi dengan kuat kerana alat pembesar suara azannya mengalami kesulitan teknikal, bukannya kerana ditentang penduduk bukan Islam.
Penduduk bukan Islam di kawasan perumahan sekitar sebuah masjid di Puchong pula dilaporkan hanya memohon supaya diperlahankan penggunaan pembesar suara untuk majlis kuliah bacaan ayat al-Quran, bukannya azan itu sendiri.
1347: An hour-long DAP candle-light vigil near Gurney Drive in Penang drew about 300 people. Among those who addressed the crowd were MP Liew Chin Tong and a couple of Penang state assembly members. As the crowd swelled and the singing began, police asked the organisers to end the event. Parking tickets were issued and one state government official received a parking ticket!
1336: Waiting for word on the outcome of a press conference in KL involving a senior cabinet minister.
1335: Sabah Progressive Party (Sapp) is expected to make a crucial decision this afternoon on its position in the Barisan Nasional (The Star online). Sapp's two MPs have indicated they will be present at the meeting.
1332: Nik Aziz is confident Anwar will succeed in his plan to take over the federal government, the NST reports:
Nik Aziz said the Sept 16 date was just a "technical" point when told that Anwar had failed to honour his claim that he would be in charge on this date.
"His failure today is nothing… He did not lie to the people as he had tried his best but his efforts were curtailed by others," Nik Aziz said.
"I support the move to form a new government at the federal level. I will pray that Anwar's effort will succeed."

September 18, 2008
The start of the end... ( 8 )
"If he doesn't believe me (that I have the numbers), then go to Parliament."
Anwar Ibrahim has sent a letter to the Prime Minister requesting him to call an emergency Parliament session no later that next Tuesday (Sept 23) to deliberate on a vote of no-confidence against the Abdullah Ahmad Badawi Administration.
The letter was jointly signed by him as PKR leader, PAS president Abdul Hadi Awang and DAP adviser Lim Kit Siang.
When cometh the King?
What if Abdullah refuses to convene the emergency Parliament sitting? Anwar did not discount the possibility of seeking an audience with King as one of the options Pakatan would take. But such options would have to be discussed at the highest leadership level in Pakatan.
These are under the jurisdiction of the Agong when it comes to appointing the country's Prime Minister:
Right from Day One, I said Anwar needs to be "swift and clinically decisive" to execute a regime change strategy. The next five days -- from now to September 23 -- will be critically crucial for both BN and PR.
Watch this space!

Easier said than done

Thursday, 18 September 2008 08:42am
©The Sun (Used by permission)by Husna Yusop
OPPOSITION leader Datuk Seri Anwar Ibrahim told a news conference on Tuesday that more than 31 Barisan MPs have agreed to cross over to Pakatan Rakyat. However, he refused to reveal the names of the MPs. Anwar said he was committed to ensuring the takeover of government was constitutional.
Is taking over a government and forming a new government that easy? What is the process prescribed in the Federal Constitution? theSun talked to constitutional law expert Prof Dr Shad Saleem Faruqi to seek the answers.
Once 30 or 31 MPs from BN cross over, PR forms the next government. Is it that simple?
Shad: It's not that simple. Because, under the Constitution, the Agong cannot dismiss the prime minister, the Parliament must dismiss the PM. And at the moment, the Dewan is not in session. If there is a vote of no confidence on the PM, it must be in the Dewan
A clear case is the Stephen Kalong Ningkan vs Tun Abang Haji Openg & Tawi Sli 1967. The court said once the chief minister is appointed, the governor cannot dismiss him unless the assembly passes a vote of no confidence. At that time, there was a stalemate between Sarawak CM (Stephen Kalong Ningkan) on the one side and the assembly and the governor (Abang) on the other.
So, Anwar cannot just march to the King and demand to be sworn in as the new PM as he has got the numbers? Is the King bound by the law to swear Anwar in as the PM?
Yes, Anwar said they are going to the Istana. They are most welcome to the Istana; they can have nice tea there, I'm sure, but nothing more than that.
A piece of paper with 112 names is not enough. Anyone can write their names. It has to be on the floor of the house.
And, under Article 43 of the Constitution, the PM has two options once Parliament approves a motion of no confidence against him. He can either step down or advise the Agong for a dissolution of the Dewan. He has got those choices.
However, the King can say no to the dissolution of Parliament under Article 40a (2) (b). Then, in this case, the PM will have to step down.
When PR said they will take over the government in the nearest possible time, how soon would that be?
The Dewan is in prorogation now. It will only resume in October after Hari Raya. But the PM can postpone the Dewan sitting. He is entitled to keep the suspension. Without giving any reason. That is his discretion.
Under Article 55 (1), the Agong on the advice of the PM can allow six months to elapse between one sitting and another. So he may just do that. It is untenable, democratically speaking, but PM Datuk Seri Abdullah Ahmad Badawi can rest for another six months.
If Abdullah decided to postpone the Parliament for six months, what is the implication?
It would create a lot of problems. It would be legal but not morally proper. If he knew there were doubts about his administration, his government, he must call the assembly.
If Abdullah does not extend the prorogation and by Oct 13, PR has got enough numbers, can they form the new government immediately?
They can call for a motion of no confidence against the PM but the standing order of the Dewan is silent about this. There is no mention of vote of no confidence in the standing order. But there is mention of other motions.
So, what needs to be done is for the MPs to introduce some other motions. An MP, any MP, can introduce a motion. But then, it will have to be decided by the Speaker and he would first need enough number of MPs to support it, and then debate it, then only he will accept it.
What are the options available to the government to thwart this?
Legally, they can't do anything unless the Agong decides to do something. If the PM says he does not want the Parliament to resume in October, he can advise the Agong on this. But, the Agong may not listen. He can do that. If he does that, it means he disregards his duty to listen to the Constitution (because the Agong should act on the advice of the PM). But what can you do? You can't take the Agong to court. For instance, like in the case of the appointment of Terengganu Mentri Besar whereby the King, or rather the Sultan, had defied the advice of the PM.
So, their (BN government's) best recourse is to try to work with the Agong, with the hope that the Agong will follow the Constitution.
If the government is properly elected to power, we must follow the rules. If a government is formed according to the law, it must be dismissed according to the law. And the law says, there must be a vote of no confidence.
What do you say of PR's intention to hold fresh elections within six months to a year of it gaining control of Parliament?
First of all, they are not in power. So, this is all speculative. The government in power is still holding majority of the seats in the Dewan.
So, I do not want to speculate about that. Sivarasa's statement was just meant to create uncertainty. (On Friday, the PKR vice-president said PR plans to call for an early general election if it comes into power to dispel worries its targeted takeover of the government might be undemocratic or unethical.) They need to have enough members first. They should have the numbers by now.
All parties have plans once they come to power. All parties have their own manifesto. Everyone is allowed to dream. That's the basic need. But, the reality on the ground is, there is no clear evidence that the current government is losing its support in the parliament.
Article 40a
(2) The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say -
(a) the appointment of a Prime Minister;
(b) the withholding of consent to a request for the dissolution of Parliament;
(c) the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action at such a meeting and in any other case mentioned in this Constitution.
Article 43
(4) If the Prime Minister ceases to command the confi dence of the majority of the members of the House of Representatives, then, unless at his request the Yang di-Pertuan Agong dissolves Parliament, the Prime Minister shall tender the resignation of the Cabinet.
Article 55
(1) The Yang di-Pertuan Agong shall from time to time summon Parliament and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first meeting in the next session.
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EXPOSITION EDUCATIONALLY REFRESHINGwritten by Stephen Tan Ban Cheng, Thursday, September 18 2008 04:18 pm
The exposition on the Royal Prerogratives is indeed educationally refreshing. I certainly hope it does not come to that. Even if it does, it will be interesting to see the actual exercise of this prerogative for the first time. Stephen Tan Ban Cheng

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