Friday, 20 February 2009

Published February 20, 2009

Perak Speaker turns up the political temperature

Suspension of seven representatives leaves new BN govt without a majority

By S JAYASANKARAN
IN KUALA LUMPUR

MALAYSIA'S upside-down politics have taken a surreal turn after the Speaker of the Perak legislative assembly suspended seven members of the government that took over just two weeks ago - leaving it without a majority.

In the spotlight: Mr Sivakumar fielding questions on Wednesday after he suspended seven members of the state government. PM Abdullah Badawi has urged BN representatives in Perak to lodge a police report against him

Speaker V Sivakumar suspended the seven Barisan Nasional (BN) representatives on Wednesday in an unprecedented move that implies open defiance of Perak Sultan Azlan Shah.

On Feb 6, the sultan ruled out fresh polls and recognised the BN government after four members of the Opposition quit their parties to become independents supportive of the BN.

The crossovers - allegedly engineered at national level - effectively toppled the opposition Pakatan Rakyat (PR) government that was elected to run Perak at the last polls.

The head of the state's Democratic Action Party (DAP), Ngeh Koo Ham, told reporters yesterday the only way out of the crisis is to dissolve the state assembly and call a fresh election.

But Prime Minister Abdullah Ahmad Badawi ruled this out immediately. Calling the Speaker's actions 'ridiculous', Mr Abdullah said that his move is 'disrespectful' to the sultan and urged BN representatives in Perak to lodge a police report against Mr Sivakumar.

With no trace of irony, Mr Abdullah also accused the PR coalition of 'trying to overthrow' the BN government in Perak - which is what most observers would say the BN gleefully did to the PR government earlier this month.

The episode symbolises the mess that Malaysian politics has been in since the March 8, 2008 general election when the BN suffered its worst-ever outing.

Politicking since then has been almost non-stop, distracting the federal government from the vital task of reviving the country's battered economy.

It is not clear how the Perak situation will be resolved. An extreme solution would be for the federal government to declare a state of emergency in Perak.

Indeed, there is precedent for this. In the late 1970s, then-premier Hussein Onn declared a state of emergency in Kelantan after he deemed the state ungovernable.

But given the BN's low popularity - as well as public disquiet at the toppling of Perak's PR government - this would be way too risky now. The more likely way out would be through the courts, where numerous matters relating to the Perak crisis are already pending.

Lawyers are divided about what will happen, with some arguing that the doctrine of the separation of powers between the three branches of government effectively blocks the court's ability to reverse Mr Sivakumar's decision.

'Only the state legislative assembly can reverse his decision,' a constitutional lawyer told BT.

Opposition lawmaker and veteran constitutional lawyer Karpal Singh echoed this view, but went a step further. 'It is my view that the Speaker must refer the matter to the state assembly for debate and endorsement,' said Mr Singh.

He said that he was suspended from Parliament in 2004 after being accused of misleading it by saying MPs must raise their right hand when taking their oath of office. He lost his allowances and privileges during the suspension.

'The committee of privileges made a decision to suspend me for six months and this was brought before the House, where it was debated and the decision was confirmed,' he said.

Mr Singh said that he was allowed to participate in the debate, and the seven suspended representatives in Perak should be afforded the same right if the matter is brought before the assembly.

If this comes to pass, it is more likely that Mr Sivakumar could subsequently be hauled up and suspended.

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