The Real Question on Perak

Historically, before the existence of Malaysia, the Malay States fell into the hands of the imperialists due to greed and power. It was about the power struggle amongst the royalty which eventually led to the colonisation of the States.

Pre-Merdeka, with the emergence of the insurgencies by the left, a “deal” was struck among the capitalists, the royalty, the royalists and the imperialists with the sole purpose of maintaining and guarding “their” positions and influence in Malaya. The collateral outcome of the “deal” was the independence of Malaya. It was a decision motivated by the need to protect and safeguard the vested interests of these actors. It was not about the rakyat. It has never been!

Fast forward 52 years after independence, we see how the same actors have again colluded to stage a modern day “coup” in the State of Perak. Again this was not done in the interests of the rakyat. Those who have heard about the true colours and the personality/ies of the various decision-maker(s) will not be surprised by the recent decision(s).

Ultimately, one important question that needs to be answered is “what’s in it for me?”. That was the question that Pakatan Rakyat could not answer.

No doubt there are several legal and moral issues that have arisen from the Perak fiasco. But the real issue that irks the rakyat is the fact that the capitalists and the royalty have robbed the State government from the rakyat.

Regarding the legality of the Sultan’s decision to call for the resignation of the Menteri Besar (MB), I am prepared to say that the decision is wrong in law. Based on the Perak Constitution, the MB does not hold office at the pleasure of the Sultan.

The only way the MB goes is by way of a no-confidence motion in the State Legislative Assembly. The Sultan cannot just ask MB to vacate his office.

Article 16(6) of the Perak Constitution states that:

If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

The question then is: who decides whether the MB ceases to command the confidence of the majority of the members of the State Legislative Assembly? Should it be the Sultan or the State Legislative Assembly? How and where should such issues be decided?

The answers to these questions are obvious. Matters of grave importance that affect the interests of the State should be decided in the hall of the State Legislative Assembly, NOT along the corridors or halls of the palace.

The next question then is: who holds the majority at the State Legislative Assembly?

To answer this question, one must first ascertain the status of the three so-called “independent” members who have tendered their resignations. There is a dispute in relation to their status as members of the State Legislative Assembly. Their views therefore should not be taken into account until their status have been definitely resolved.

Against this background, how can anyone say that the Barisan Nasional commands the majority?

Some have replied saying that since the Election Commission (EC) did not recognise the resignation letters of the three “independent” members, therefore they are still members of the State Legislative Assembly.

This throws up the further question whether the EC has the power and jurisdiction to adjudicate on the status of the resignations.

From the legal perspective, the EC has exceeded its jurisdiction. There is nothing under the Election Commission Act 1957 and the Elections Act 1958 that confers power to the EC to adjudicate on such matters. Consequently, the EC’s decision on this matter is ultra vires and is of no effect. Unless the decision by the Speaker to declare the seats vacant is set aside or overturned by a court of law, the EC must accept the decision of the Speaker. However, we have witnessed how the EC has facilitated the “coup” by disregarding the Speaker’s decision.

Levaing aside the legal questions – on desirability – in view that the current political scenario in Perak is fragile and uncertain, coupled with the fact that there is no guarantee there will not be any further and sudden defections that may affect the composition of the State Legislative Assembly, the best decision to make is to have dissolved the State Legislative Assembly.

Unfortunately, wisdom may not be the virtue of some.

Who will benefit from this episode? The “decision-makers”? Those who “orchestrated” the situation?

Unless the question of “what’s in it for me?” is fully answered, then no one will receive the truth.

The State of Perak was robbed by the capitalists and the monarchy.

The fate of the State should not lie in the hands of allegedly corrupted politicians and a Sultan. It should be in the hands of the rakyat! Let the people of Perak decide the fate of their State through fresh elections.

For the record, I am not a monarchist or a royalist. I have little admiration for slogans such as “Daulat Tuanku” and the related “mumbo-jumbo”. Some may say that this article and the fact that I am doubting the wisdom of the Sultan of Perak may be construed as an act of “derhaka” (disloyalty). As far as I am concerned the issue of “menderhaka” does not arise.

And my reply is “derhaka terhadap siapa?”. Can I “derhaka” towards an institution that I don’t believe in? Can I “derhaka” towards an institution that ignores the will of the rakyat?

It is apt for us to be reminded of what Hang Jebat once said:

Jangan! Jangan sembah aku. Aku bukan gila disembah. Aku bukan sebagai Sultan Melaka yang mengagung-agungkan pangkat dan kebesarannya. Aku Jebat, rakyat biasa. Pangkat aku untuk kepentingan rakyat. Bergerak aku untuk membuat jasa kepada rakyat, dan aku rela mati untuk rakyat.. kerana aku mahu keadilan, keadilan. Keadilan!

The time is ripe for a revolution.

So are you game?

Salam revolusi!

This article is dedicated to those who protested in defiance of the Sultan of Perak on 6 February 2009.


Tags: , , , , ,


The writer was supposed to be a reincarnation of Mahatma Gandhi, Malcolm X, Che Guevara, Hang Jebat, Bruce Lee and Nocurnto Beasto (a black metal dude from Bergen, Norway) rolled into one. Due to the highly complicated "1Reincarnation process" (which was impossible anyway in the "1st" place because of discriminatory scientific-politico policies) and Lord Bobo's intervention, he ended up as Amer Hamzah Arshad in the present life. And for the sins of others he has been condemned to practise law in Malaysia where nothing makes sense. Amer believes that Slayer's "Reign in Blood" is still one of the best metal albums ever made.

Posted on 7 February 2009. You can follow any responses to this entry through the RSS 2.0.

Read more articles posted by Amer Hamzah Arshad.

Read this first: LB Terms of Use

35 Responses to The Real Question on Perak

  1. Pingback: Remember, Review & Reclaim: My Pupillage Memories Of The Perak Crisis In Court | LoyarBurok

  2. Zainal

    pemimpin umno kata pas diperalatkan oleh dap dan pkr tapi tak sangka, untuk berkuasa mereka sanggup memperalatkan,memperbodohkan dan mengheret institusi raja2, dlm kes ini Sultan Perak,hingga rakyat menyalahkan beliau dan hilang rasa hormat dan mula lah cerita2 dan sentimen negatif terhadap institusi raja2.

  3. Kenny Tay

    Dissolution of the Perak State Assembly is the most decent thing to do. Ask your heart. This is a Power Grab, someone just can't wait for a court decision, because getting back power Perak is more important. Our political institutions have all lost their souls!

  4. Gustri

    Count me in for the revolution for the Republic of Malaysia.muahahaha.. shall die for it if I have to

  5. AAK

    orang umno sini weeiii.anwar dulu nak panggil dollah badwi untuk persidangan parlimen tergempaq untuk undi tak percaya..that's the way bro..bukan mcm Na Jeep..tak de teloq..main pitis wal fulus.kalu brani panggil sidang dun wei.ada paham bai…..?

  6. orang umno sini

    it's so pathetic to see your guys like this.pemikiran yg sungguh cetek.saya rasa nak tergelak pun ada.16 sept adalah hari anwar.betul tak…!!!apa kata kita jadi kan 5 februari sebagai hari anwar dan PR dan penyokong PR jadi malu!!!!!!hahahahahahaahahahha.i'm so happy with this situation.HIDUP BN…hahahaha

  7. The people in power always used the word "derhaka" if we go against them (despite their wrong doing). What about they "derhaka" to Rakyat for robbing Rakyat's right. Remember no power can exist without the subject. Give back the power to Rakyat to decide!

  8. ibrahim

    'Derhaka' is only to God. Man are equal. Everyday the Corrupted BN 'derhaka' to God.

  9. topet

    Way to go bro. I'm with you. This elevation of our raja nearing god is rubbish.

  10. Hang Li Poh aka Hant

    Thanks Amer for your insights. As a Malaysian who have been taat setia kepada Negara, I share the same depression as you especially when seeing not much progress (in exercising independence & democracy) taken place although we are approaching 52 years of independence.

    It is sad to note that there are still a number of people who have been wronged and victimized by the so-called ‘democracy’ system. On the other hand, it is demoralising to see those who hold power are actually who misuse power. Driven by the fact that what happened in Perak is an unconstitutional mistake, I fervently hope this mistake be compensated with JUSTICE, without further ado. It’s time to demand the government to correct some historical mistakes and injustice.

    To Perakians & other supporters: I must comment that one of the most striking features that prompted my heart is the solidarity of you people that derived from the crisis.

    To politicians (those selected by choice or by chance by rakyat): while letting aggressive dominates your mind, never forget your fundamental responsibility to the rakyat. Please continue serving your rakyat especially those in the marginalised groups and those suffering for job disappearance & deterioration of welfare.

    I have a dream. I hope to see a ‘Rainbow Parliament’ that consists of different parties who represent the rights of different groups in the society being established, one day.

    Lastly, may I conclude my comment by sharing the following quote with Pakatan’s leaders:

    “The superior man, when resting in safety, does not forget that danger may come. When in a state of security he does not forget the possibility of ruin. When all is orderly, he does not forget that disorder may come. Thus his person is not endangered, and his States and all their clans are preserved.” Confucius (551BC – 479BC)

    Keep up the fight!!

  11. Lapsap

    Agree with you that the seat of the MB cannot be vacated until a vote of no-confidence is passed. However, I am minded that a person, who once hold the office of Lord President, should be more cautious when making the decision. But, look at it this way lah: when Anwar has enough MPs to cross-over, he will do it Perak-style.

  12. Pingback: Muslim786malaysia’s Blog

  13. splim

    what is the legal status of the Rukun Negara. Will I get into trouble if I don't subscribe to some of its tenets?

  14. Hang Kebun

    Long Life new generation! The Republic Of Malaysia

  15. Kee Thuan Chye

    Well said, Loyarburok!

  16. man

    Begitu ramai rakyat Malaysia terutama orang Melayu masih tidak mengerti kenapa British terpaksa dan tertekan memberi kemerdekaan kepada rakyat Malaysia dengan berkerjasama dengan UMNO, BN dan raja-raja. Sebab utama adalah penjuang penjuang kemerdekaan kumpulan kiri Tanah Melayu yang terdiri daripada berbagai kaum akan dapat kemenangan kalau British tidak memberi kemerdekaan kepada rakyat Malaysia.

    Dengan berkerjasama dengan UMNO, BN dan raja-raja, maka UMNO, BN dan raja-raja akan mengekalkan kepentingan orang orang British di Malaysia selepas kemerdekaan dan kepentingan UMNO dan kedudukan istimewa raja-raja juga akan dikekalkan.

    Penjuang penjuang kemerdekaan kumpulan kiri akhirnya jadi korban sebagai "penganas".

  17. mei1

    This should have been the Bar Council's stand rather than the one that published in theSun yesterday.

  18. SOME THOUGHTS FOR THE COURTS

    Let's go around to court the courts

    As they become the places of last resort

    Where else can you deliver your retort

    To have the chance of getting your rational thinking some thoughts

    (C) Samuel Goh Kim Eng – 070209
    http://MotivationInMotion.blogspot.com
    Sat. 7th Feb. 2009.

  19. Non-Perakian

    Mr. Amer. I agree with your rationale. Those in authorities are elected and include "rulers". They need the support and respect of the rakyat. What I see the happenings in Perak, those decision makers(state and federal) have lost the respect of RAKYAT. The 0308 was the mid of major change. Now Rakyats must look forward to a "New Renaissance of Malaysia". I don't mean revolt, but a revolving change, stand for our RIGHT. Thank you for your great awakening inspiration.

  20. SRD

    The Sultan in this case is obviously taking side which is swaying to a Pro-UMNO decision. As a ruler to the rakyat he hasn't heard what the people have to say. Even from post March election, the people have already decided. Is it it obvious that the change that the PR is trying to institute is a threat to any interest to the Perak Monarchy. The Sultan must be seen for his interest, the solidarity,and the harmony of the state. The Sultan must be seen and must be heard to be above the muddle so that his position as a monarch, more so a very literate educated monarch be respected by the rakyat. Is it not obvious to the Sultan that the people are against his decision and whether he did put a lot weight to consider his decision at the end of the day. Not forgetting the current Perak issue is not a racial one but the fact that PAS influence is significant which also reflect the changing mood of the Malays in Perak. This is also a major concern of the Malays especially the educated middle class Malays in the country for leadership .

    It is high time for modern Malaysia to respect the true meaning of democracy and free and fair election. The rakyat has given their mandate and so any losing party may it be BN or PR must respect the verdict without any further attempt to subvert the mandate given for a change in the government. Let the winning party be given a chance uphold the mandate given by the rakyat for such changes as simple as this. For the rakyat has no other interest except to see the government that they choose that the government they will deliver the results that they wish to see.

  21. Langkau

    Why BN selalu menang is bacause they were voted by my parents and my old aunties and uncles. Now they all died. So do not expect we vote for BN like my illiterate parents. Habis u BN.

  22. Langkau

    I am not supporting anyone but from an ordinary person point of view, the way the new MB is appointed is totally stupid and rubbish. I will influence as many of my friends not to vote BN in the next election. I who seldom marah with BN is now very marah.

  23. hawk

    Believe me R. Azlan Shah will dissolve the leg Assy soon when that Mic fella has taken full control of the Perak Government. R. Azlan Shah will then say, ' inview of the perakians request and that my illegal Mb has also made a representation to dissolve the Assy. I therefore consented to it. Henceforth pending the election, I appoint my illegal MB to head a caretaker Govt.

    That is the plan hatched by R. Azlan Shah and Najib. He can't dissolve the LA with PR in power cause he has to appoint MB Nizar to head the caretaker gov't. That would be disastrous for Umno. Umno lost Perak with them being caretaker govt during the 08 GE; whatmore with them being outside Gov't.

    With Umno being in charge of the caretaker Gov't they then have every government facilities and machinery at their disposal to fight PR. They are holding the fort and PR is outside it. See the advantages that they had engineered for themselves with the constitutional monarch.

    The 3 PKR defectors would then be retired with millions in their bank account. ACA or Macc whatever you called it would never dare to investigate these corrupt dealings bet najib and the defectors; as they had steadfastly refused to investigate the Scorpene and Sukhoi RM1 billion commission involving Najib. Who knows R. Azlan Shah could have been paid also.

  24. Wah, Lu manyak terror lah, Tuan Loyar Berok. Gua manyak impress.

    I am now officially one of your fans.

    Daulat Berok!

  25. Pingback: Iklan Mudah Blog » Blog Archive » Understanding the legal and constitutional issues in the Perak crisis

  26. Once upon a time our Makers (the so-called Gods) walked the earth in visible form. In the Sumerian records they are referred to as "Anunnaki" ("the ones from heaven landed"). Some might say they were actually "fallen angels" – not gods – but to them the difference was academic, they enjoyed being worshiped (and who doesn't? :-). The semi-intelligent hybrid slave species called "the Adama" they bioengineered to unburden themselves of menial tasks were programmed to grovel in "shock and awe" at the sight of their Tuhans or Tuans with cries of "Daulat Tuanku."

    The institution of monarchy on this planet devolves from these "Gods that walked the earth" – for they lecherously mixed their genes with their own creation, the Adamic species, and left us a lethal legacy of warlordism, might-is-rightist politics and sibling rivalry.

    Better Daulat da Ulat, folks.

  27. ANONYMOUS

    There must be a good reason for the Sultan well learned in law and also once holding the highest office in Supreme Court took a lowly decision in support of the most corrupted Politician call Nargis, Peem in awaiting. No offence intended to the Sultan who was highly regarded until just now only, it is either he has been threatened with some secret files on him held by Nargis, or like all the other froggies that had been lured by huge sums of money offered by the most greedy of Corrupters called Nargis who used the nation’s coffers as his own kitty bank. Knowing very well that Nargis would not last the next GE, this is the best opportunity to make some good cash funds for keeps as the next Government under PKR will be clean and righteous for the God, King, People and Country.

    Not realizing that Corruptions breed even more Corruptions and this is the vicious circle and the people of Perak are ones who would suffer in the long run and they will not forget what a Sultan they have had. If Narjis and UMNO is in Power it is most likely that the nation’s coffers would be decimated and there will be nothing left for our Children’s Children, therefore make sure the UMNO along with all their goons are thrown out the next election.

    God bless you the people of Malaysia

  28. cjfoo

    " THEY " have lost their high moral ground to carry on their usual preaching of high morality, wisdom, neutrality, good governance, transparency,respect of our constitution and rules of law. Their intergrity and high morality are down the drain forever. Talk one thing and do another. All their previous preachings were just hot air. What happen in Perak made a mockery of our Parliamentary democracy. Very very sad indeed. Power lies in the hand of the people and it is we, the people that decide the government not "THEM". A Constitutional Monarch is just a figure head and their role is just ceremonial! Nothing more and nothing less.

  29. A.Govindasamy

    Royalty seeks shelter from the ruling elite i.e barisan. It is obvious any decision not in favour of barisan will put them in trouble. Obviously the decion to oust PKR menteri besar was not in the best interest of the state or the rakyat but for royalty's self interest.

  30. apapunboleh

    Yes, it's time for revolution!!!!

    We no longer need all these 'god' like leeches, sucking up all the taxpayers hard earned money

  31. Rakyat Malaysia Yang

    ASALAMUALAIKUM,

    cara yang terbaik mengatasi masalah ini adalah melalui pilihanraya tetapi kita semua tahu kalau adakan pilihanraya

    BN akan kalah teruk, jadi untuk menawan Perak , BN guna cara rampasan kuasa dengan sokongan Sultan DAN LOMPATAN ADUN.

    5/2/2009 akan menjadi tarikh yang berkekalan dalam minda rakyat Malaysia dan InsyaAllah BN akan di hukum teruk dalam pilihanraya yang akan datang.

    AMEEN.

  32. Dara Waheda

    Amer, u …. (no word to describe how impressed i am reading this, yes u right, mata terus jadi celik) I really don't know why this people like to use the word "menderhaka" everytime. King is not God, if you can go defiant and question God with macam-macam soalan, why should you be afraid of menderhaka towards Sultan. And the best thing is, people who always proudly said to be liberal are to one who actually sokong for kepentingan. Such a shame.

  33. A Raiz

    Yes. Keep pressing for dissolution of Perak State Assembly and holding of fresh elections! No other way!

  34. Rahman

    I'm Game for it…..LETS START A REVOLUTION!!!

  35. Pingback: Understanding the legal and constitutional issues in the Perak crisis « Refleksi Minda