Here comes the spin!!!

I was just waiting for something like this; the counter-attack with the opposing tack. We now have blogger(s) under blogname, "Demi Negara" (negara siapa?) who I am sure will attract lots of readers (and like-minded "commentators"). One thing is for sure, this blog does not need hits to make money.

I like to use the phrase, "preaching to the choir" but this apologist blog is good read; if only to know what songs the other church choir is singing.

I must say, the latest post below sounds rather convincing except for the fact that the sweeping result of GE12 on 8th of March wipes away all his arguments. I wonder which group I will fall under but please read:


Unraveling the RPK Mystique

Much has been said about the ISA detention of Raja Petra Kamarudin. Over the past decade, the 58 year old has emerged from obscurity to become a sort of cult figure for some Malaysians, and his detention has become a cause célèbre for “the quest for justice and inequality.” RPK is also perceived by many to be some sort of figurehead and rallying point in their opposition to the UMNO-led Barisan Nasional coalition that has governed the country since Merdeka 51 years ago.

Who are these RPK supporters?

Do they truly represent the Malaysian social milieu? Well, they themselves certainly feel that way. A browse through RPK's Malaysia Today portal would give that impression. The lively postings allude to a sense of inevitability in the socio-political evolution of this country, where some sort of People's Power movement, indeed an alternative irresistible political force, would sweep through Putrajaya to obliterate and replace the current ruling oligarchs with an "enlightened" administration driven by the mantra ofKetuanan Rakyat.

Is this really an accurate sketch in the complex Malaysian socio-political canvas? Do these people -- the posters, lurkers, trolls and bots inhabiting the Malaysia Today cyber-habitat -- really represent the conscience and aspirations and, indeed, the essence of the Malaysian people, a compelling sampling of the changing socio-dynamics permeating our nation?

Not really.

Who are these people then?

Malaysia Today is a typical SoPo portal, an aggregator of third party newsfeeds and blog postings, spiced with some original articles by RPK himself prior to his ISA detention. The Malaysia Today Webmaster (RPK in the past, and now his close associates since his detention) would "moderate" incoming readers' comments to ensure congruence to the portal's political sentiment. RPK himself said that daily he had to delete 500-600 comments sent by Malays, which he termed the "UMNO Cyber Troopers." This effectively skewed Malaysia Today into a supra cyber platform for non-Malays to spew their bigotry and chauvinism while sheltered from Malay reactions.

Typical of other SoPo blogs and portals, the site is frequented by the usual suspects, namely political gossip junkies in need of their daily "fix" of sensational revelations and maladies of the ongoing Malaysian political telenovela. The human tendency to revel in a schadenfreude orgy was satiated by RPK's rich pipeline of sensational "scoops" as well as his series of "True Stories" of our historical past, including a revisionist portrayal of the May 13 Incident, a version much more palatable to his predominantly non-Malay audience.

Visitors to his portal may not necessarily share RPK's ideology or the anti-Malay, anti BN/UMNO flavour of the content. Many just want to read alternative viewpoints to supplement the less-than-credible spin spewed by the mainstream media. Some visitors may, indeed, be RPK's many enemies, wanting to check out his latest antics. Yet others are just curious.

Out of this pool, a smallish group ultimately immersed themselves into the Malaysia Today cyber-habitat, became hyperactive posters, and evolved into "MT junkies," glued to the site for hours on end, alienating themselves from the realities of Main Street Malaysia and oblivious to the constantly shifting socio-political undercurrents that define Malaysian politics. These MT junkies -- overwhelmingly non-Malay -- actually believed their own postings, facilitated by the total lack of competing Malay viewpoints as these were "moderated away" by Malaysia Today's Webmasters. The MT junkies reinforce this make-believe empowerment by incessantly regurgitating the same points of view, essentially preaching-to-the-converted, in their comments to every new Malaysia Today story.

The propensity of Malaysia Today to block comments from Malays (RPK's "UMNO Cyber Troopers") that would countervail the bigoted viewpoints of the Chinese chauvinists and Hindraf sympathizers contributed to this false sense of empowerment among the non-Malays. .

The unbridled spiral of prejudice and contempt -- in a make-believe cocoon devoid of the voice of the Malay majority -- fueled an irrational exuberance among the MT junkies over a perceived "inevitable" change in the Malaysian political landscape, where the non-Malays (in the guise of DAP'sMalaysian Malaysia stance shrouded by the Ketuanan Rakyat mantra of the Pakatan Rakyat coalition) would have the major grip on political power in this country while the UMNO-led Barisan Nasional coalition would collapse and dissipate into thin air.

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This RPK chap, a likable personality with a free-spirited, bohemian streak, was gradually emboldened by the ceaseless cheerleadings and promptings of the MT junkies. Ever more sensational stories were churned but these could not satiate the hungry hordes. RPK then did the ultimate – he himself became the story, starring in his own improbablesinetron radiating from the keyboard of his PC.

With RPK in the starring role, who needs third party revelations? He is the story! He can craft his own play and act in his own drama. He has reached the nirvana of SoPo blogging. Quite predictably, hits on Malaysia Today hit the roof, giving chedet.com a run for its money. RPK was now on par with Dr. Mahathir Mohamad! Nobody gets larger thanthat in Malaysia. Pak Lah, Najib Razak and even Anwar Ibrahim were reduced to supporting cast and bit players in the eyes of the MT junkies. A sense of invulnerability descended upon the Malaysia Today cyber-habitat and the mystique of RPK’s infallibility permeated his congregation.

But again, who are this flock of adherents that contributed to the deification of RPK in the cyber universe?

Here’s a quick and dirty classification:-

Groupie Gang I: The Idealists

These are the believers of a new, utopian Malaysia devoid of racial, religious and class conflict; a land of plenty for all; a just, corrupt-free nation of civil, law abiding citizens united in a celebration of cosmopolitan multiculturalism. The thought leaders of this small but influential group include fellow bloggers Dr. Azly Rahman, Malik Imtiaz Sarwar, Dr. Bakri Musa, Harris Ibrahim, as well as writers Karim Raslan, Wan Hamidi Hamid and politicians, Zaid Ibrahim and Tunku Aziz Ibrahim. The Idealists, albeit for different reasons and motivations, advocate either the abolishment or a revamp of the NEP, demonise Ketuanan Melayu, and view BN/UMNO as an obsolete post-Colonial relic quivering through the final vestiges of its existence. The elegant intellectual discourse spewed by the Idealists, usually revolving around the need for social justice, meritocracy and more “progressive” Malay attitudes are well received by the predominantly non-Malay MT junkies as this would entail the dismantling of perceived Malay-centric policy legacies built over the years by BN/UMNO. The non-Malay MT junkies usually refer to this group in their comment postings as the “good Malays.” Articles and blog postings by these "good Malays" are prominently displayed in Malaysia Today and their Chinese and Indian-friendly comments are approved by the gatekeeper, giving the casual Malaysia Today reader the false impression of a softening Malay stance amidst the perceived newfound political clout of the non-Malays in this "new" post-318 Tsunami political landscape.

Groupie Gang II: The Anwaristas

This collection of visitors and posters view Malaysia Todayas a convenient platform to spew their venom against anything that had to do with BN/UMNO, more so the likes of Pak Lah, Najib Razak and Hamid Albar. The nucleus of the Anwaristas’ gene pool can be traced back to Anwar’s ABIM and Reformasi days. Many are ex-hardcore UMNO cadres purged from the party in the aftermath of Anwar Ibrahim’s battle royale with Dr. M. These are essentially closet UMNO people – in attitude and mindset – the “have nots” in the intra-Malay competition for patronage and privileges. Beyond a common enemy in a Pak Lah/Najib-led UMNO, they have no affinities to Groupie Gangs I, IV and V and do not partake in commenting except to glorify Anwar Ibrahim and to ridicule the key UMNO personalities.

Groupie Gang III: The PAS Malays

These are predominantly PAS members, with some PKR supporters among the lot. They view UMNO as their ideological foes and tolerate the other RPK Groupies (for now) in their bigger quest to win the Hearts and Minds of the Malay masses. This group makes up a small minority in the English-centric Malaysia Today Cyber Habitat and many have filtered away amidst the strident criticisms on Islam by the portal and the comments sent by the anti-Malay MT junkies.

Groupie Gang IV: The Rabid Anti-Malay Racists

These are the bread-and-butter of Malaysia Today and form the majority of the posters. Their posts and comments say it all. Everything in Malaysia is linked back to their hatred of the Malays. These are the ethnic-Chinese chauvinists, Hindraf sympathizers and assorted hangers-on who suffer from an overwhelming sense of alienation in this country. They equate every symbol and instrument of Malaysian statehood – from Bahasa Malaysia to theNegaraku to the Rukunegara to the Songkok to the Jalur Gemilang and, of course, the Keris – to the Malays and hence not worthy of their respect and deference. This attitude spawned a deep-seated hollowness permeating their souls as they languish in a land whose essence run contrary to their aspirations. Hence, every post emanating from this Group would revolve around their revulsion of and paranoiac vengeance towards the Malays. Of course, when like-minded posts coalesced in the Malaysia Today cyber-habitat, an explosion of Malayphobia saturates the portal. And with the Malay voice effectively moderated-away by the Webmaster, this racist mania continues unchecked and unchallenged. The venom and ferocity of the attacks are matched only by the “spin” applied to various issues by authors and articles allied to their non-Malay agenda. Of course, to appease the Anwaristas and the PAS and PKR Malays, these Rabid Racists would replace “Malay” with the term UMNOputra or Mat Rempit or just plain beruks, but the message to the casual reader is clear: They hate Malays, and all the maladies of this country can be traced back to the Malays. Their own kind – the “repressed, smart hard working people” – are portrayed as a Superlative group, held in check only by the smothering political grasp of the Malays (oops, no … by the “UMNO people”) crawling in their subsidised tongkats and crutches.

Groupie Gang V: The RPK Cultists

To this group -- mostly young, impressionable non-Malays with their first intoxicating taste of politics – RPK is a demigod, a messiah sent by the Gods to rid Malaysia of the bad guys, to single-handedly rescue Malaysia from all the maladies caused by these people. Yes, all these and then some in one fell swoop of his …. errrr ….. keyboard! The cultists elevate RPK to a Supreme Being-like persona, a larger than life sage whose every word is the gospel truth, who’s every action is holy, and whose every pronouncement must be followed. Utterances of “my RPK,” “our RPK,” “I love RPK,” “RPK our hero,” “RPK wants” and “RPK says” began to percolate in readers’ postings and comments onMalaysia Today. I get blurry images of Jim Jones, Idi Amin and Kim Il Sung as I forage through the thick undergrowth of readers’ homage to RPK in Malaysia Today. And you know what? I think RPK actually gradually believed in this burgeoning personality cult and began to suffer lapses of self-grandiosity as manifested in his later posts and articles.

So what happened when RPK got banished to Kamunting? What happened to his hordes of supporters, the people who would join him arm-in-arm in a fight to the death with the ruling oligarchs? Where are the untold millions that would march to Kamunting to tear down the walls and hand-pluck RPK from the grasp of the baddies? Where? A hundred people in Anti-ISA and Free RPK t-shirts assembling at the entrance of the Kamunting camp or a couple of hundred people holding a candlelight vigil at Dataran Merdeka just don’t cut it.

Is this the real Malaysia? Is this group of affluent predominantly non-Malay urbanites a true sampling of the Malaysian population, representing the sentiment of therakyat? These people may be nothing more than a like-minded interest-group with deep-rooted animosity towards the Malays, egged on by partisan politicians naturally at loggerheads with their BN/UMNO rivals. What about the on-line petition drive to free RPK? How many actually signed up?

Does this list represent Malaysia’s demographic mix, a necessary condition to “transform the nation” from Perlis to Johor to Kelantan to Sabah into a different Ketuanan Rakyat paradigm? After discounting the meaningless prank names such as “Father of Najis,” “Death 666,” “Johnny Doe” (in the above sample), as well as the non-citizen residents and foreigners signing from afar, how many people actually signed up? How many legitimate citizens actually walked the talk and signed the petition? 10,000? 30,000? 100,000? These are peanuts compared to the purported millions of hits charted daily by Malaysia Today.

Assuming 100,000 Malaysians actually signed the petition, this would represent less than four-tenth of one percent or 0.0036 of Malaysia’s 27.5 million people, or one out of every 275 Malaysians. It means, 274 out of 275 Malaysians don’t really care. Is this four-tenth of one percent the Critical Mass sufficient to revolutionise the Malaysian political landscape, the people with the mandate to dismantle this country’s socio-economic-political equilibrium?

No.

These people are just a smallish cyber-community not at all representative of the Malaysian ethno-cultural milieu. But isn’t Malaysia Today the voice of the people?

What people?

Any blogger will admit that the number of "hits" do not translate into number of people. A Malaysia Today junkie might reload the portal 20-30 times a day just to access the stories. Also, not more than 30 hard core junkies post 90% of the comments. Go check the site. It’s obvious that a small group of hyperactive adherents account for a large amount of postings, hence, essentially preaching their political gospel to themselves in an affliction which may be termed “inbred blog postings syndrome.”

Again, where are the Malays? Where is Mainstream Malaysiana that would change the country? The writings on the banners allude to a predominantly ethnic-Chinese grouping. What does this say? Why are the Malay majority not taken in to RPK and the ideals of Malaysia Today?

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The vast majority of RPK’s supporters are just armchair quarterbacks and fair weather cheerleaders and people with nothing better to do who essentially outsourced and sub-con their political activism to this poor chap from the airconditioned comfort of their homes and offices, from their cosy beds and plush sofas, cybercafés and chic gourmet coffee joints. They are not even representative of the country, in terms of demographics, dispersion and political inclination. These junkies are more akin to the lunatic fringe than to the mainstream of Malaysian society. Who are these people? The content and nature of their postings revealed an English-literate motley crew of private college kids, bored pensioners, the unemployed, the under-employed white collar salarymen, the disenfranchised and a handful of professionals -- all with chips on their shoulders. There is also a good sprinkling of expats and foreigners posting from faraway places (146 countries according to RPK in the clip above). Plus a fair bit of ex-Malaysians with axes to grind and some kiasu Singaporeans.

Hardly forming the vanguard of the Malaysian Rakyat.

Yes, RPK (and poor Marina and kids) were conned by these people. These cyber-opportunists outsourced and sub-con their politicking to him while they cheer him from the comfort of their cosy homes and plush offices. Many seemed to ignore that RPK is a real human being, a late middle-aged man with a wife and many children. A man with responsibilities, hopes, fears, aspirations and vulnerabilities like the rest of us. These parasites and blood suckers ruined his life and unnecessarily estranged his family from mainstream Malaysia.

RPK himself is not really a grave threat to national security. His incoherent rantings and pathological animosity towards BN/UMNO and prominent UMNO personalities are old news. RPK is a known loud-mouth, a prickly irritant with a penchant for the dramatic. For many, his revelations and cyber activism are no more than pure entertainment, melodramatic political gossip on par with TV3’s obnoxiousMelodi and a much needed comic relief from the socio-political quagmire of the past 3-4 years under Pak Lah’s disastrous watch.

But RPK’s real fault lies in his propagation of Malaysia Today as a cyber platform for assorted bigoted and racist characters to spew their venom against the Malays and, in more than one instance, to ridicule Islam. His personal vendetta against the UMNO Cyber Troopers (purportedly led by Azalina Othman Said and Norza Zakaria according to RPK in the clip above) degenerated into an almost blanket deletion of pro-Malay comments, hence rendering the portal into a one-sided anti-Malay arena in the uniquely Malaysian game of race-tinged politics.

Indeed, MT Junkies (the Rabid Anti-Malay Racists and RPK Cultists mentioned above) are the bigger threats to national security. These racists, bigots and cyber-misfits hide behind their anonymity to flood Malaysia Today with venomous racist postings, instigating hatred for the Malay majority, ridiculing Islam, and spewing seditious spins to various national issues.

This was the real threat and his refusal to curtail this threat finally nailed RPK.

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My advise to RPK, Marina Lee and family: take a few steps back and view the bigger picture, the real landscape out there. What exactly is your struggle? Justice? For whom and where? The Penans, Dusuns, Senois and Semangs deep in our rainforests? Kedah paddy farmers? Trengganu fisherfolk? The ordinary civil servant or private sector clerk? The hardworking Pasar Malam vendors? The labourers in our plantations? The trishaw/beca man (yes, we still have them)? The hard core urban poor? Who? Where? Why aren’t they outraged by your ISA detention? We don’t see them take to the streets in Kota Bharu or Sarikei or Lahad Datu to demand your release. Most have never heard of you! Aung San Su Kyi you are not. Nor are you a Nelson Mandela or a Xanana Gusmão.

You are just a political tool for some selfish interests, for the elitists far removed from the grassroots and the ordinary man.

RPK doesn’t really speak for the real Malaysians out there, for the 27.5 million people from Langkawi to Besut to Batu Pahat to Kemaman to Santubong to Miri to Ranau to Semporna. RPK hardly exists in the consciousness of these masses. No, RPK speak only for the small lunatic fringe of our society -- the affluent, private art school on daddy’s-money set (bottom below) and the rabid anti-Malay Chinese chauvinist (with Marina, top below) and Hindraf Indian racists languishing in the deep murky crevasses of the cyber world. RPK and his ideals do not represent the sentiment of the vast majority of Malaysians.

RPK, Marina Lee and their kids were used by the nameless parasites lurking in cyberspace These anonymous characters embody the worst of human traits; they got something for nothing. Oh yes, they got their schadenfreudefix all right when the going was good. They have chewed the sweet fruits plucked by RPK, and spit out the pits to be picked up by Marina and her kids. The long lonely trips to Kamunting, the endless court dates, the deprivation of a husband and father, the despair and helplessness – will all be borne by Marina Lee and family.

Finally, where is Anwar Ibrahim? What is his stand on RPK’s detention? RPK gave his life, metaphorically speaking, to uphold Anwar’s “ideals.” RPK bet the ranch on Anwar becoming PM on 916 and came out a loser, a pathetic flat broke loser. Has Anwar and gang even addressed the RPK ISA issue? Indeed, his silence is deafening. What about Lim Kit Siang? Once Teresa Kok and the Sin Chew reporter got out, Unker Kit Siang has disappeared as well. What about PAS? Do you think either the old ulamas or the younger Islamist cadres have anything in common with RPK? Do you think they like RPK? Did RPK and his MT junkies pushed for the release of Nik Adli, Tuan Guru Nik Aziz’s son, who was under ISA detention for many years? I don't recall any Ah Sohs, Ah Mois, Leng Chais and Uncles bearing "Free Nik Adli" t-shirts in front of the Kamunting camp. Actually, you MT junkies would not recognize Nik Adli even if he walked right past your smug faces. And you expect PAS to sympathise with RPK? You expect PAS to fight for RPK amidst Malaysia Today’s anti-Islamic postings and its readers’ rabid rantings against Islam?

In a nutshell, do you think the Pakatan Rakyat gives a hoot about RPK? No. He was a useful tool. But he was also a disposable tool. RPK is no use to them now. Indeed, he is now a distraction . They want to govern the nation. They have no time for this old chap. To them, RPK is just a lost soul who threw too many dices in his own little crapshoot. Their focus is on 27.5 million men and women. Not one guy who spoke and wrote too much. And they won’t glorify, deify or make a martyr out of RPK either. That’s already reserved for one man.

Marina, you owe it to RPK to close down Malaysia Today. Your “struggle” is for nothing. These sly political opportunists and selfish cyber-parasites don't deserve your sacrifice. There are hardly a few thousand legitimate signatures in your Free RPK petition. Only a few hundred turned up in candlelight vigils and at the Hari Raya assembly at the gate of Kamunting. What does that tell you? There is no avalanche of support for RPK. There never was. The “millions of supporters” are just but a mirage spawned by delusions of grandiosity that snowballed in the Malaysia Today cyber-habitat over the years.

Let this be a lesson to other bloggers. Do not get caught in your own demagoguery, in a propensity to over-fantasize your relevance to the political process and role as some sort of a “peoples’ hero” based on the digits of your blog’s Hit Counter and a bucketful of readers’ comments.

30 Years Down Memory Lane

Almost exactly 30 years ago to the month, the King Edward VII School Taiping rugby team beat the Royal Military College to become Malaysian champion. This officially marked the revival of rugby in KEVII after almost two decades in the doldrums.

The last great KEVII side before that was the all conquering touring team led by my late father, Cheah Keat Hin who was a teacher in KEVII, in the early sixties (picture, left). That was before the advent of national schools championships.

Since 1978, KEVII has been the only "non-select" school able to take on its more equipped counterparts for national schools rugby honors. It has won many more national championships and has in the last three decades supplied scores of players to the senior state and national teams. The name King Edward VII School, Taiping is synonymous with rugby.

Next Friday, 10th October, more than a hundred ex-players, retired teachers and a handful of diehard supporters will re-live memories at a dinner in Taiping to honor the 1978 coach, Mr Yiew Siew Seng and the current coach, Tiger Ahmad Din. Ahmad Din who played under Mr Yiew in the mid-eighties has been the school coach for more than 10 years. He has emulated the achievements of his former mentor. Their contributions to KEVII Rugby have been invaluable.

The organizers have reproduced a rugby jersey in the design worn 30 years ago for everyone at the dinner. In those days, THE brand for rugby jerseys was the now defunct Bukta Conqueror. The following are some photos that tell the story (click on photo to enlarge):

Teresa Kok...Hang In There

Her recent unjustified detention under the ISA, the relentless character assasinations and celebration of her release with the Molotov Cocktails have continued to put her in the limelight. As I said earlier, while I had only heard of her now I know more about Teresa Kok; her popularity speaks for itself.

My own theory about the reason for the continued attack on her good name is that she is currently the "poster girl" of the Selangor PR government and the DAP; if the perpetrators can "bring her down" then the others would be easy...sort of like David bringing down Goliath but with reversed protagonist role.

Teresa Kok - Dressing appropriately. Seen here with DYMM Sultan Selangor on Hari Raya. Couple on the right of Tuanku is YB Teng Chang Khim, DUN Selangor speaker and wife.







This commentary by Wan Hamidi Hamid in the Malaysian Insider sums it up:


Teresa Kok and the supremacist minority
Commentary by Wan Hamidi Hamid

OCT 2

Teresa Kok must be wondering why some Malays are adamant in portraying her as a Chinese chauvinist, villain of peace and enemy of Islam. With her impeccable record as the most hardworking wakil rakyat and the Member of Parliament with the highest majority votes in the country, she must be at a loss to fathom the attempts to assassinate her character.

From the blatant lies that she had opposed the azan (the Islamic call to prayer), to her wearing a skirt inside a mosque, the Seputeh MP has to live through the nightmare of racial politics almost on a daily basis.

Despite repeated denials of the azan issue for which she was detained under the draconian Internal Security Act for seven days Kok is still being chastised by some quarters linked to Umno, including the Malay daily Utusan Malaysia.

For the three-term MP, who is known among her close friends as a devout Catholic and a staunch believer in multiracialism, the detention without trial-ISA was not enough for her detractors. After her release, some extremist elements threw a Molotov cocktail into her parents' house.

To make matters worse, a whole lot of text messages were sent around justifying the violent act. The saddest part of the story is that some Malays actually believe that Kok is guilty of insulting Islam which she is not.

The problem is those who believe the lies probably read one particular newspaper that is prone to promote racial supremacy. There are other Malay-language newspapers with higher circulation than the one espousing racist tendencies, yet they are not keen on resorting to false news. They seem to know the danger of playing up baseless racial accusations.

So what gives? Despite the many possible answers, it is likely that Umno, particularly in Selangor and Kuala Lumpur, which suffered one of its worst election defeats, is venting anger in the only way some of its leaders know racism.

Already many Barisan Nasional component parties are unhappy with recent racial episodes.


Now that the Sabah Progressive Party (SAPP) has left BN and Gerakan is mulling a similar move, the situation is critical for Umno-led BN. The fact that Umno is more concerned with its leadership transition, thus ignoring its partners, is likely to be a push factor for component members in the federal ruling coalition.

The tussle for the top leadership in Umno is expected to bring out the nastiest and dirtiest of tactics, especially when the party divisional meetings ~ the real backbone of Umno ~ begin next week.

As reflected during the branch meetings of the last three months, Ketuanan Melayu, or Malay supremacy, was the keyword among the grassroots leaders and members. Although top leaders have defined it as the struggle for the betterment of the Malays, others took it literally to mean the superiority of the Malays over other Malaysians.

This is especially true in the case of Teresa Kok when attempts to demonise her, despite being based on slander, continue to spread among the racist political element of the usually moderate and fair-minded Malays.

To this racist minority, Umno hegemony is their game, never mind that the basis of BN is racial harmony. They couldn't care less about muhibbah so long as their supremacist definition of the Malay is accepted by all.

Their only problem is that they are in the minority. Even Kok acknowledges it. She knows many more Malays accept her, not only as an MP or a Selangor state executive councillor, but also as a fellow Malaysian.

But spending a stint under the ISA and suffering the trauma of her parents' home being fire-bombed is not an easy experience to live with. She is hoping that more Malaysians, especially the Malays, speak up against racism and those who perpetuate the dangerous trend.

Even in high places she has good Malay friends. Former de facto Law Minister Datuk Zaid Ibrahim quit the government in protest against Kok's arrest under the ISA and has even written an open letter to Prime Minister Datuk Seri Abdullah Ahmad Badawi to abolish the cruel law.

Kok has always been a popular figure with the Malay grassroots in the Klang Valley.

Immediately after she was released from the ISA, she attended a number of breaking-of-fast ceremonies, including at the Cheras Baru mosque, the one which she was accused of going into wearing a skirt.

The truth of the matter is the event was organised outside the mosque and Kok was wearing a long skirt covering her knees, similar to skirts she wears in Parliament, the Selangor state assembly and her state government office. She did not even enter the mosque.

But racists with agendas do not let facts get in the way of a good distortion in their favour. It's never too late, however, for some of these people to reflect on the good month of Syawal to ask for forgiveness from those who have been wrongly accused.

Maaf zahir batin

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UPDATE; 4th October

Why Teresa Kok Is The Target


The attacks against Kok and the attempts to portray her as a Chinese chauvinist who is anti-Islam represent a crude attempt at undermining the credibility and viability of the opposition coalition, Pakatan Rakyat, as a viable multiracial alternative to BN.

She has been vilified as a Chinese chauvinist and portrayed as anti-Muslim. She was detained one week under the Internal Security Act for allegedly stirring up religious sentiments. And last week, unknown assailants threw a Molotov cocktail into the compound of her family home in Kuala Lumpur.

But ask DAP Member of Parliament Teresa Kok why she has become the target of a smear campaign in recent months and she will probably be hard pressed for an answer.
And those who know her insist she is anything but a chauvinist or an enemy of Islam that her detractors claim she is.

When Kok was detained under the ISA, even Datuk Zaid Ibrahim, who quit the Cabinet as de facto Law Minister partly in protest against the use of the law, said of her: "I know Teresa personally and I cannot see her as anti-Islam."

While Zaid was the only Umno member who spoke out publicly, he was not the only one who viewed the recent ISA detentions of Kok and a female journalist, who was released after 18 hours, as unwarranted.

"Look, everyone who knows her (Kok) knows she is not a bigot or a chauvinist. This makes the government look bad," one MP from Umno said.

In fact, it was some of Kok's political opponents in Parliament — from the ruling Barisan Nasional — who met with government officials in private to plead for her release. Such is Kok's popularity that when she made her first public appearance at a press conference hours after her release on Sept 19, she received a standing ovation from reporters.

It is probable that Kok, who won her Seputeh parliamentary seat in Kuala Lumpur with a 36,492-vote majority — the biggest — in the March elections, could win with an even bigger margin if polls were held today.

To her supporters, she is a hero who has been wronged.

It was alleged that she had abused her position as an MP and a member of the Selangor state government to direct a mosque to reduce the volume of its public address system during prayer times because it was disturbing non-Muslims living nearby.

The allegation, made by former Selangor Menteri Besar Datuk Mohd Khir Toyo, and highlighted in the Umno-ownedUtusan Malaysia newspaper, was found to be untrue. Even the mosque committee came out to publicly deny the allegation. Still, she was detained by the police.

The attacks have not stopped despite her release. Utusan Malaysia has made her, in her own words, a "cover girl" since her release. After she complained about the allegedly low quality of food served during her detention, comparing it to dog food, she has been chastised repeatedly in the newspaper.

Kok, known for her multiracial stand, has been determined more than ever to flaunt it since her arrest.

Following her release, she has been attending breaking-of-fast functions almost nightly during the just-ended fasting month of Ramadan.

But even that has become the subject of attacks by Utusan Malaysia.

Last week, Kok was criticised in the newspaper for "wearing a skirt to a mosque". The article appeared to suggest that she was wearing something outrageous and that her attire caused serious discomfort among Muslims present at the function.

However, facts suggested otherwise. Kok wore a long-sleeved dress which came down almost to her ankles. She also did not enter the mosque, remaining instead in its compound.

One of Kok's Malay-Muslim supporters said: "I don't understand why she is being targetted. She is usually so sensitive to the religious obligations of Muslims it is almost ridiculous. She usually takes great pains to tell me what I can or cannot eat when we are out that I find it hard to believe she would be anti-Islam."

Ultimately, the smear campaign could be attributed to the fact that Kok and a number of leaders from the Chinese-dominated DAP have taken pains to reach out to Malay-Muslim voters.

As a member of a party who is part of three state governments — along with its Malay partners in the Parti Keadilan Rakyat and Pas — DAP leaders like Kok have been reaching out more than ever, and successfully, to Malay voters.

This is undoubtedly a political threat to the ruling coalition led by Umno.

The attacks against Kok and the attempts to portray her as a Chinese chauvinist who is anti-Islam represent a crude attempt at undermining the credibility and viability of the opposition coalition, Pakatan Rakyat, as a viable multiracial alternative to BN.

But targetting Kok, known for her congeniality as much as anything else, may well backfire.

Getting Real In A Nutshell...

Two separate articles put in perspective the thickening political quagmire that has gripped the nation; the first is by Joe Fernandez in Malaysiakini and the other by Jacqueline Ann Surin and N Shashi Kala in the new online news portal The Nut Graph.

While we face the mudslide after the GE12 tsunami, the global economic storm is gaining hurricane proportions. Prayer will not help!

Please read (rather long though):


Malaysia enters realpolitik era in days

Prime Minister Abdullah Badawi, an Islamic Studies graduate who wooed the Muslim vote bank piously and impressed them on his way to the top, has in the past said quite a number of extraordinary things in public, indeed on national television, with a straight face and done exactly the very opposite almost the very next day amidst nationwide sniggers and "I told you sos".

Recent examples, which still rankle in the public memory, include the adjustments in fuel oil prices thrice in a row and the calling of the March 8 general elections despite denials to the contrary even the day before Parliament was dissolved.

He got married to his separated sister-in-law within days of denying he had any plans to do so. The ‘shotgun’ wedding raised more than a few eyebrows.

His plunging credibility and popularity rating has forced him to quietly drop his Islam Hadhari (civilisational Islam) platform but not before five opposition-ruled states banned this version of Islam within weeks of March 8 in a public display of contempt for his politicisation of the Faith.

Former Prime Minister Dr Mahathir Mohamad, in perhaps the last interview before he left office, said that he had set everything in place for the next leadership level and that Malaysia was well on its way to being the utopia he had promised by 2020. Prophetic words indeed!

"Abdullah came in with so much public goodwill after Mahathir left and now he has squandered all of it," say political analysts who charted his steady rise to the top through the lean years and the good ones.

"He rested on his laurels after the spectacular electoral performance of 2004 and betrayed the trust of the voters after making all sorts of promises. None of them have been carried out so far because they were all hype written by advertising copywriters who should stick to promoting soft drinks. Even the promised judicial reforms, reforms to the police, ACA and Election Commission are non-starters because he has no guts to take on the vested interests."

The thinking in the streets is: Why should his pledge not to use the ISA against opposition leader Anwar Ibrahim be any different from a history of broken pledges? "He has no credibility in the matter and those who accept his pledges are clutching at straws," is the common refrain, certainly cynicism, among the great majority of the sweaty, unwashed masses.

This is by no means calling the prime minister a congenital, or even pathological, liar. However, the fact remains that fast moving events in the past have forced him, a slow mover and slow thinker at best, into policy flip flops despite the risks of exposing himself to the continued humiliation of public ridicule.

"If you must call anyone a liar, pin it on the Fourth Floor boys," said a merchant banker in the know. "These four guys don’t know what politics is all about and they, of all people, are advising the prime minister on everything, from his wardrobe and hair gel to economic policies. Najib’s appointment as finance minister will see their wings clipped somewhat."

Psychological war of nerves

Incarceration, whichever way, is expected to throw a spanner in the works for Anwar who has set his sights on seizing the reins of the federal government and shooing away Abdullah from the palatial official abode which he now occupies in Putrajaya and isolates himself from the people.

Speculation is rife that US Vice-President Dick Cheney, US State Secretary Condoleeza Rice and British Prime Minister Gordon Brown, among others, have rung Anwar personally in the wake of Abdullah’s remarks on the possibility of using the ISA against him, assuring him that ‘nothing of that sort will be allowed to happen’.

Abdullah, cocooned in his own sense of self-importance in the unreal Mughal Empire splendour of Putrajaya, is not likely to be impressed by such pledges despite the harm that may befall the country’s image and credit rating if he invokes the ISA.

"He is tempting fate like Aurangzeb, the last Mughal Emperor, who was bundled into exile in Burma unceremoniously by the English East India Company, of all the humiliating usurpers," said a history don who has read politics at the university.

The ‘Abdullah must quit by Oct 9' movement is ostensibly driven by the theory that the Umno president will be humiliated if he makes a bid for the top party post in December "since he’s likely to get very few nominations". This is a line that Abdullah’s four-man team of advisors on all things temporal, looking increasingly vulnerable by the day, will not buy.

They are more likely to read Oct 9 as an attempt to stave off the collapse of the BN federal government by having Najib, or perhaps a dark horse, hastily sworn in as prime minister "to take the wind out of Anwar’s sails".

Anwar himself, according to most schools of thought, made too much of the Sept 16 phenomenon, beating the drums of war in a psychological war of nerves, and lost valuable time. "He should have gone for a surgical precision strike immediately after being sworn in as the opposition leader," said a political secretary in Kuching who favours ditching the BN but not jumping on the Anwar bandwagon.

"This guy, having been fed on a Bollywood diet, loves to dwell on the theatrics too much for the entertainment value. No wonder he had himself photographed Rajnikanth-style as ‘Anwar the Boss’ – actually Bachelor in Social Science – in posters for his daughter (Nurul’s) March 8 campaign in Lembah Pantai.’ (Rajnikanth is a popular hero in Tamil and Hindi movies who fights for social justice.).

Anwar’s credibility was questioned when he did not make public the purported list of 31 to 33 crossover MPs from the BN. Umno leaders went to town on Sept 16 with their spin that they had called Anwar’s bluff even as they toned down their usual public image of high- handed behaviour and arrogance.

Apparently, Anwar was on the verge of doing so when reports started filtering in that Umno sympathisers in the Special Branch were harassing BN MPs individually and shadowing their every movement. Rumours sweeping Sarawak recently had it that the MPs were moving about in groups to discourage ‘harassment’.

The four avenues forward

Now, the question that arises: does Anwar want to arrest the tendency towards mere theatrics, so far, and make a serious bid for the prime minister’s post? If yes, get on with it quickly without further delay and stop issuing time-wasting ultimatums which make great headlines and nothing more, say his admirers and foes alike, who want to see an end to the political uncertainty which has mesmerised the nation since March 8.

What ‘realpolitik’ options does Anwar have now with the Sword of Damocles hanging over his head? Realistically, there are four avenues forward:

Prevail upon His Majesty, the King, to give Anwar the prime minister’s job in his infinite wisdom. The king can do this - after ‘interviewing’ the defector MPs and reviewing their petition, affidavits, statutory declarations and other legal documentation - by either instructing Abdullah to step down, or in the face of his refusal, sack him for having lost the confidence of the majority in the Dewan Rakyat.

There’s always a first time. There are precedents for this in the Commonwealth of Nations;

the King can also summon Parliament into an emergency session where ‘there’s a clear-cut conflict of interest’ as in the present case where the prime minister himself is expected to summon Parliament into session when in fact he (the PM) is the ‘guilty party’ who will have to run the gauntlet in parliament;

The king can also dissolve Parliament – unless the prime minister himself is willing to advise the king accordingly - and call for fresh elections to end the political impasse. Obviously, any royal decree on this would be testing the limits of the constitutional provisions, parliamentary democracy and the constitutional monarchy; and

The King can refuse to dissolve parliament or call for fresh elections, either on his own, or if so advised by the prime minister, on the grounds that ‘we just had an very expensive general election and the public interest would not be served by calling for another one so soon, especially when the opposition alliance has pledged to return to the people within six months to a year of taking office to win a new mandate’.

Of all the options, the consensus is that Umno itself would favour fresh polls rather than hand over the government without another fight to the opposition and flee with its tail between its legs.

Fresh polls would be like, fighting with one’s hands and legs tied for Anwar, if the BN caretaker government has him incarcerated in the run-up to the polls. Nevertheless, beggars can’t be choosers.

Fresh polling would see the wife, party president Wan Azizah, back in the fray to lead the opposition challenge although she herself is disqualified from standing for another five years by virtue of the fact that she resigned her own seat within months of winning it.

Anwar, not having been convicted by the time of the polls, can contest his Permatang Pauh seat again from behind bars and take it from there.

JOE FERNANDEZ is an educationist and former newspaper editor and ex-civil servant who feels compelled to put pen to paper when something doesn’t quite jell with his weltanschauung (worldview).

*******************************************************

Najib’s premiership not guaranteed
By Jacqueline Ann Surin and N Shashi Kala jacquelinesurin@thenutgraph.com, shashikala@thenutgraph.com


AS the power struggle within Umno begins to intensify with month-long divisional meetings set to begin on 9 Oct 2008, all eyes are on party president Datuk Seri Abdullah Ahmad Badawi and his deputy Datuk Seri Najib Razak.

Najib seems set to take over the Umno presidency now that Abdullah has been forced to back off from the earlier June 2010 handover of power. Some observers say Najib could follow in the footsteps of his father, second prime minister Tun Abdul Razak Hussein, sooner rather than later if Abdullah chooses not to defend his party post at the March 2009 party polls.

Traditionally, the Umno president has been appointed prime minister by the Yang diPertuan Agong because the party is the dominant party representing the Malays within the Barisan Nasional ruling coalition, and is deemed to have the support of the majority of Members of Parliament.

But tradition may not hold sway in the nation's current political situation. Even if Najib becomes Umno president, he is not guaranteed the premiership, says constitutional lawyer Tommy Thomas.

In an interview with The Nut Graph, Thomas explains that all bets are off the moment Abdullah resigns as prime minister. It's the Agong who holds the key to the future of the nation's leadership.

TNG: Let's look at the contest of power within Umno. If Abdullah is no longer president of the party, is his position as PM automatically untenable?

Tommy Thomas: Yes.

But that's by tradition, right?

The sequence of events would be, after resigning or being removed as president of Umno, they would have an acting president of Umno. Because the party cannot be leaderless...they will appoint somebody else, in this case the deputy president, Najib. This is at the party level.

Then Abdullah would have to visit the palace and inform the king that he has lost the confidence of his own party, and so tender his resignation and the resignation of his cabinet. And the king will accept that.

When that happens, there is a vacancy in the office of the prime minister. At that point of time, the king has a free hand, because Article 43(2)(a) [of the Federal Constitution] — the appointing process — comes into play. The king can decide whether he calls the new leader of the Barisan Nasional (BN), which will be Najib; or somebody else who, in the king's judgment, enjoys majority support in the Dewan Rakyat.

So it is not automatic that the new president of Umno will be prime minister?

No. The king has his discretion under Article 43(2)(a).

Even though by convention, this has been our history?

Yes, but that was because there was no alternative candidate [but now there could be]. The constitution is silent on what happens if the PM dies in office or resigns from office. Both those things have happened in Malaysia. We've had one PM die in office (Tun Abdul Razak) and three who resigned: Tunku [Abdul Rahman], Tun Hussein Onn and Tun Dr Mahathir [Mohamad].

In each case, the Agong was not powerless. He did not say, look, the constitution is silent. What do I do? Why did the founding fathers not contemplate this? And the answer is, they don't contemplate every contingency. You use common sense and the spirit of the constitution. So in each case, there was no panic. The king and his advisors would have said that 43(2)(a) applies because there is a vacancy in the office of PM.

Because in all these four examples, it was always an Alliance government — followed by the Barisan Nasional government — with a very strong majority [in the Dewan Rakyat]; [and] with no credible opposition leader, the king's task was very easy. It is not so now.

So this means Najib's position as PM is not guaranteed.

Exactly. He could become either the prime minister or the leader of the opposition.

What can Abdullah actually do if he wished to forestall the inevitable?

As outlined in Article 43(4), if Abdullah himself feels he has lost the majority support for whatever reason, including that he is losing support within Umno, he is entitled to visit the king [to do the following]. He can tell the king he wants to tender his resignation and that of his cabinet because he thinks he no longer enjoys the support of the majority of the lower house (the Dewan Rakyat), and ask for Parliament to be dissolved. And call [for] elections.

He is entitled to ask [which is one of his prerogatives as sitting prime minister]. But it is the king's prerogative whether to say yes or no. The king can take into account the interests of the nation, economic factors, political turbulence, the fact that elections were held recently, the costs involved, etc. But the discretion is the king's.

So the king can, at that juncture, accept the resignation of the PM and his cabinet, and then say, no, I am not dissolving parliament, and instead invite someone else to form the government.

That's right. Or he can agree to dissolve Parliament, and the Abdullah administration will continue as caretaker government [until fresh elections are held].

The other thing I would like to suggest is, in times of crisis, [perhaps] it is a good time for the formation of a national government. A government of all parties — a grand coalition.

We have the example of the Barisan Nasional (BN). After the events of 13 May, Prime Minister Tun Abdul Razak formed the BN in 1974 (by inviting opposition parties like Gerakan, the People's Progressive Party and PAS to join the Alliance; only DAP and Parti Sosialis Rakyat Malaysia refused to join the coalition).

So Tun Razak managed to persuade them, that five years after the 1969 riots, the country still needed a bi-partisan government. Has Malaysia reached that crisis today, where the king can call all the leaders and say, "I want you all to form a national government"?

Then the question, of course, is who will be the prime minister? Will it be [opposition leader Datuk Seri] Anwar [Ibrahim] or Najib or [PAS president Datuk Seri Abdul] Hadi Awang or Abdullah or even [Umno veteran] Tengku Razaleigh [Hamzah]?

So that is also the king's prerogative?

Yes. Or the other parties can go to him. In Tun Razak's case, it was the politicians who went to the king.

But I don't foresee the political parties doing that.

That's right. But the king can take the initiative. And there's a precedent in England in 1930/31, when King George IV called Ramsay MacDonald — the leader of the Labour party and prime minister at a time when England was going through the Great Depression — and all the leaders of the other parties together and asked them to form a national government. He called them to the palace and kept them "locked" up for a day and put tremendous pressure on them until they formed the national government, headed by Ramsay MacDonald.

But MacDonald's own party, the Labour party, was totally against it and expelled him. So he was head of a Conservative/Liberal coalition and governed for four years during the economic depression. And the king's decision was not challenged in court. They all respected the king's decision.

And there's a second example: Sir Winston Churchill during the Second World War when Churchill became prime minister in May 1940, and led an all-party national government. So England has two examples in the 20th century, and we have our own.

So having a national government, what would the implications be?

Well, it will bring down all the political tension, it will bring down all the silly external politicking. The temperatures will cool down. The leaders will have to go into a room and shout at each other and not in public. They'll have to reach a consensus, a decision and then inform the country. The cabinet will made up of members of all the parties.

They will rule by consensus?

That's right.

Nobody is talking about this option. They are either talking about a two-party system or a third force.

That's because they are not students of history. It could be that to have Anwar lead a grand coalition, or to have Abdullah lead, would be unacceptable to "the other side".
So it would have to be a new face — a third choice. Of course it has to be a Malay — we all accept that — so they might point to Tengku Razaleigh, for example. Then he might say Anwar becomes minister of finance, and Abdullah foreign minister, or whatever. So Abdullah leaves as PM and Najib is appointed defence minister...the main portfolios are given to the senior leaders.

I think the country would welcome it. I think people are tired of all this politicking.



PART II: Choosing the prime minister
By Jacqueline Ann Surin and N Shashi Kala jacquelinesurin@thenutgraph.com, shashikala@thenutgraph.com

EVEN as opposition leader Datuk Seri Anwar Ibrahim stumbled in his quest to unseat the government by 16 Sept 2008, the likelihood of a change in government lingers palpably. Questions now abound about how exactly Anwar can achieve forming the next government.

Some legal experts have said a vote of no-confidence in Parliament against the sitting prime minister, Datuk Seri Abdullah Ahmad Badawi, is the Pakatan Rakyat leader's only recourse.

Lawyer Tommy Thomas tells The Nut Graph what methods are constitutionally available for a change of premier. The constitutional lawyer explains the legal principles involved, stressing that blocking a vote of no-confidence in Parliament against the prime minister — which has happened twice already — is unconstitutional, as are attempts to detain Anwar or any other member of parliament (MP) at this juncture.

TNG: What are the legal principles established by the three cases: Stephen Kalong Ningkan (1966); the Privy Council case (Nigerian case: Adegbenro vs Akintola in 1963); and 1994's Datuk Amir Kahar Mustapha vs Tun Mohd Said Keruak, which involved former chief minister of Sabah Datuk Joseph Pairin Kitingan resigning from his post?

Tommy Thomas: The legal principles established by the cases are this: In the Stephen Kalong Ningkang case, the court said, the only way to test confidence is by a lower house vote. That is the legal principle. So it is confined to one method only. In the Privy Council case from Nigeria and the Pairin Kitingan case, there was no lower house vote. Yet the courts said in both cases, the governor acted correctly. That's the principle to be drawn.

So the three reported cases we know of [involved] governors (the Sabah and Sarawak Yang diPertua's powers are similar to a governor's). Yet none of them is the decision of the head of state or a constitutional monarch. I personally know of no [such] cases.

So, in the Malaysian context now, there are no precedents to guide us?

Going by Article 43(4) [of the Federal Constitution], although in our 51st year of existence, Malaysia is entering into uncharted waters but it doesn't mean a Malaysian constitutional lawyer is bereft of examples. Malaysian constitutional law follows British constitutional law [in that the king or queen appoints the prime minister]. And not just the UK, but the major or mature Commonwealth countries — Canada, Australia, New Zealand and India — follow British constitutionalism.

My point is the Yang diPertuan Agong has very similar powers to Queen Elizabeth II. So, the precedent would be what the Queen of England, and the previous monarchs, have done in the past. Those are constitutional conventions, and they would guide you.

And applying that, to my knowledge, the monarch's decision in England to appoint so-and-so as the prime minister — Mr X as opposed to Mr Y — has never been challenged in the courts. These decisions are called non-justiciable — you cannot take this matter to court.

Is this by convention?

It's a principle of law. And that's because the monarch's power to appoint the prime minister is what is known as a royal prerogative. It's like the question of mercy, pardon and giving honours — all these are examples of royal prerogative. So if, for example, you didn't get a Tan Sri-ship, you cannot go to the courts and say, "Judge, give me a Tan Sri-ship." Or if you have a Tan Sri-ship, you cannot go to court and say, "I want a Tun-ship." Some disputes are just not suitable for legal solutions.

But in this particular case, even though it is the monarch's prerogative, he or she is guided by certain conventions.

Yes, conventions or precedents. [But] when they exercise their conventions, if they exercise it "wrongly", it has never been taken to court.

Has it been in the past?

Never. Let me give you two real examples. In 1956, when Anthony Eden resigned as prime minister in Britain, Queen Elizabeth II had a choice of either Harold MacMillan or Rab Butler, both from the Conservative Party. She chose MacMillan. So those who supported Butler would say that's the wrong decision. But did they take it to court? No. They accepted it because that's the royal prerogative.

Likewise in 1963, when MacMillan himself resigned, again she had a choice of Butler and a few other candidates. She chose somebody from the House of Lords — Lord Sir Alec Douglas-Home. These cases happened fairly recently, not a few hundred years ago.

Now I give you an Australian example. In Australia, the governor-general represents the Queen, who is still the constitutional monarch of the country. The governor-general has tremendous freedom; they have vice-regal powers. The Australian Governor-General Sir John Kerr in 1975 sacked the Labour Prime Minister Gough Withlam and appointed the leader of the opposition party, Malcolm Fraser, as caretaker prime minister. The entire Labour party was very angry, but they didn't challenge this in court.

So the head of state's decision is respected?

The conventional theory is that the person making the decision — the head of state — is supposed to look after the affairs of the nation in times of crisis. This person is above partisan politics and is concerned for the nation. The ruler embodies the nation.

And if you are a popular ruler, like Queen Elizabeth II for example, when she makes such a decision, the country will rally around [her]. Even if they disagree with a particular choice, they'll say fine, we recognise and respect her decision.

And over here, the king, or the institution of the Agong, has become very popular over the past 51 years. It's accepted by the country. And the present king, who is from Terengganu, is also popular, as was seen during the struggle over the choice of [the state's] menteri besar earlier this year (2008). When the Agong arrived in Kuala Terengganu on 29 March, he was welcomed by 10,000 people holding yellow roses.

How do you know that whatever decision made by the King — if he is invited to make that decision and which in his judgment is made for the good of the country — will not be received by millions of Malaysians in the same way? Because millions of Malaysians will say that they are fed up with the politicians fighting among themselves. We have more faith in the institution of the monarchy.

Just to clarify, in our Federal Constitution, there are a few ways that the existing government can be changed. One is through the show of no confidence in Parliament, and the other is for the Agong to make a decision if he thinks the present leader no longer enjoys majority support in Parliament. Could you elaborate?

We are invited to interpret Article 43(4) which reads: "If the PM ceases to command the confidence of the majority of the members of the House of Representatives, then, unless at his request the Yang diPertuan Agong dissolves Parliament, the prime minister shall tender the resignation of the cabinet."

What we are trying to do is find out what is the intention of our founding fathers. That is what the task is all about. How do you interpret those words?
Who are the founding fathers? First, the five members of the Reid Commission — two members from the UK, one from Australia, one from India and one from Pakistan — the senior Commonwealth members. The other group of people are Tunku Abdul Rahman, Tun VT Sambanthan and Tun Tan Cheng Lock.

What we are trying to do is interpret their words, 43(4), with the intention they had in mind. Some legal experts have said it is limited to a poll, a vote of no confidence in the Dewan Rakyat. My argument is that cannot be the intention because if it is so limited, then the language would have been something like this: "If the Prime Minister is defeated on a motion of confidence in the House of Representatives, then..." So you see the opening words of 43(4) and my imaginary version are very different...the actual wording is far more general, broad and wide, whereas the other is specific and limited to one method.

Plus, there's a fundamental reason [for this]. When countries have written constitutions, the idea is that the written constitutions are meant to last for hundreds of years. It is a serious document. It charts the country's future. It is what is called a living tree. It has to cater to all kinds of contingencies and crises and emergencies throughout the life of a country.

So, the founding fathers used broad words, so that the governments, leaders and people that follow in the future would have some idea of what they intended and would interpret it. We mustn't forget the purpose of the constitution.

These — the vote of no confidence and the king's prerogative — are the two known methods.

But the important thing is that it is the king's satisfaction that matters. The king must be satisfied that the prime minister of the day no longer enjoys the confidence of the majority of the lower house. So what that means actually is that the king cannot act arbitrarily; there must be some objective facts, some proof, some reason for him to act.

And finally it goes back to the question of numbers. We know that the lower house has 222 MPs. To have a simple majority, whoever wants to be prime minister must have the support of 112 people. The king must be satisfied that whoever he is going to invite to form the government enjoys the support of at least 112 members.

How he goes about satisfying himself on this point is up to the king.

Article 43(4) doesn't make any mention of the methods he could use. Are there any precedents in the UK?

In the UK the Queen talks to people, they have their own soundings. But as to other methods that could be used, one is the declaration in writing, a document containing all 112 signatures. The disadvantage is the possibility of forgeries. How can the Agong be sure that the MPs actually signed the document? So in this case, the Agong may decide that he needs more proof. He may summon them to the palace.

But there could be other methods. It depends on the contingency.

So the methods that the Agong chooses to verify — whether the PM or an alternative candidate has the support or not — is up to him?

Yes.

But at this juncture, it does not seem like the Agong is being called to take on this responsibility.

We don't know. What I would say is that Datuk Seri Anwar Ibrahim is treading very, very carefully because of the political reality, more than he needs to under the constitution. Because it is a fact, we know, it is public knowledge that the Speaker of the House has turned it (motion to table a vote of no confidence against the PM) down twice. Now, there I say the Speaker is acting unconstitutionally.

What remedy is there?

The remedy is for the Agong to say that he is aware that two motions for a vote of no confidence against the PM were presented to Parliament, and the Speaker rejected them. He can therefore conclude that the Speaker has prevented a voting of no confidence on the floor of parliament. And by such conduct, the Speaker has nullified, thwarted, and foiled the constitutional mechanism. Because 43(4) is there. You cannot thwart a constitutional mechanism. And that's what he did. He is acting unconstitutionally.

But no other action can be taken against the Speaker.

No, because you cannot remove the Speaker — the king cannot remove the Speaker. Nobody can. But what the king can say is, "I am therefore satisfied that that method should not be used in this case. I will turn to other methods."

So the Barisan Nasional are actually doing themselves a disservice.

Yes.

Because eventually people are going to be frustrated enough, and take notice enough to look at other methods.

Exactly. Constitutional law expert Prof Dr Shad Saleem Faruqi, for example, recommended that Parliament be postponed for six months.

Which is the Prime Minister's prerogative...

My answer is, that will be unconstitutional in the present circumstances. If you postpone the sitting of Parliament for six months with the objective of preventing a motion of no confidence, that would be unconstitutional. Just like if you detain Anwar Ibrahim today, that would be unconstitutional.

What if he is detained in any case?

In the present climate, it would be an unconstitutional detention. Because the Agong can say that as far as he is concerned, Anwar is a prime ministerial candidate. He may be in the pool of people the Agong may invite to form a new government.

To put it into context, the Agong doesn't have a free hand. He cannot appoint a senator to be prime minister. It must be a member of the lower house. So that means straightaway the choice is limited to 222 MPs.

What I am trying to say is, the Agong is not a dictator. His hands are tied to picking someone from the 222.

Technically, even if Anwar was under Internal Security Act (ISA) detention, that should not preclude the Agong from saying, "I believe that he has the support", and still appoint him as prime minister.

Yes. Absolutely. You cannot frustrate the system this way. You cannot detain any of the 222 MPs today because each of them is a voter. Because everybody knows — and the king certainly knows — we are entering into a critical period in the nation's history: uncharted, unprecedented. That is, there is a possibility of a change in leadership, both within Umno — between Abdullah Badawi and Najib and anybody else — and between the Barisan Nasional and Pakatan Rakyat. And the king knows in those circumstances, he may be invited to exercise the royal prerogative and appoint a prime minister.

You say he needs to be invited. Who needs to do this inviting?

Whoever goes to see him with the numbers. And therefore, the critical players are the 222 MPs because they chart the future. And the Agong can say, I need them all there. You cannot take 10 away or five away from either party.

So within the current circumstances, any kind of detention of MPs under the ISA is unconstitutional.

Yes, in my opinion. The big point to make is, you cannot arrange your affairs — be it the speaker or the prime minister or the home minister — in such a way as to thwart the constitutional mechanism, which has, at the minimum, 222 players (the MPs) and the king. [Among the MPs] is the potential prime minister. [So, the MPs] have special status at this current point of time.

Technically, the prime minister still has the prerogative of delaying parliamentary sitting for up to six months. And he can still go ahead and do that, even though you said earlier that it would be considered unconstitutional.

Well, the Agong cannot stop him. But [the Agong] will know that Method #1 has been frustrated.

Then at that juncture, it is left to the opposition to employ other methods to convince the king?

Yes. And that [same response by the opposition could be used if] the Speaker turns down [yet again] the motion to table a vote of no-confidence.

I Agree...Stop Baseless Accusations!!!

Bloggers "Another Brick In The Wall" and "Big Dog" had the following to say. I must say I agree with most of what they wrote. This flinging of unsubstantiated shit must stop. Opinions and comments are one thing but when it comes to direct accusations of impropriety, it becomes libel and slander.

RPK always maintained that he had proof to back all his claims and that he will produce evidence in open court. That is the reason why I am personally against detention without trial vis-à-vis the ISA. Therefore, blogger Kickdefella should just put up or shut up! Substantiate or shut up.

What is his agenda? Baiting the police to arrest him again? Inviting a blanket swoop? Martyredom perhaps?

Stop giving bloggers a bad name!

Read:

Another Brick In The Wall:

One RPK is Enough, Not Another One

Sheih Kickdefella two postings that pun the movie title, "We Know What You Did Last Christmas (Summer actually)" is quiet a revelation. But, it raised quite a concern.

One posting is on Abdullah and Nuri replacment which allegedly had son Kamaluddin as "agent" from Eurocopter that was given the contracts.

The other is a close resemblance to Raja Petra Kamaruddin (RPK) style of unfolding a story.

He claimed Najib sent letters to Ambassadors of few Europeans countries for Altantunya's safe entry. Malaysian diplomats witnessed Altantunya as part of the Malaysian entourage.

Another sensational revelation is Rosmah paid RM5 million for Bala to return to India.

Shieh claimed his information came from police during his stay in. Whether that is true or false, he may have to reveal his source.

Will he get them to help? Mind you, two police officers, RPK claimed was at the scene of the Altantunya blow-up with Rosmah, is now sueing RPK.

Background

Few years before the 12th General Election and the early years of Socio-Political Blogging, there exist a silent comradeship between bloggers, be it a somewhat formal grouping like All Blog or a loose understanding called Band of Bloggers or a group of friendly bloggers without a name.

There was an unstated understanding that transcend beyond partisan, ideological and activism affiliation to talk in unison concerning a certian issue. Malaysia Today (MT) then helped to promote these disparage views into a public discussion. That made blogs a powerful tool to push issues censored by the mainstream media into public knowledge.

Prior to the GE12, blogs and MT took a stand on issues and culminated into one of the biggest public demonstration, the BERSIH cum Yellow Wave demonstration. Subsequently, there was the Hindraf rally but the support was not as wide since its agenda was ethnic.

After the General Election, MT took a different direction in line with its new page makeup. The opposition oriented blogs generally changed along and took up the Pakatan Rakyat/PKR and Hindraf agenda. No more are issues on MT discussed with a wide ranging perspective, but with a clear propaganda agenda.

The agenda, that used to be about getting Abdullah, Khairy and the Tingkat 4, suddenly turned apologetic towards them. In place, it became Najib bashing and propelling Anwar to takeover Government through frogging MPs.

From Writer To News

With that as a background, RPK changed from a man churning news, stories and articles to one becoming part of the event.

Writers, poets, playwrights, and novelist play a role in igniting change in society and in the battle of ideas. But that batton has to be passed on to others to continue. It seemed now bloggers are no more churning personal opinion on events but are becoming part of the event.

When Raja Petra Kamaruddin was faced with a string of arrests, charges and lawsuits over various allegations he made in his "third party" statutory declaration (SD) allegation against Najib via Rosmah, it puts many bloggers, including yours truly in a spot between Freedom of Speech and Information and respecting the Law and Institution of Government.

The SD made was suspect and difficult to fathom. In the light of the ongoing Altantunya murder trial, it was contemptuous of the courts. RPK grew bolder, maybe out of his own conviction, releasing many other statutory declarations like that of the missing Balasundram. It remaisn as stamped heresay and subjected to police investigation.

Many bloggers felt RPK was inviting trouble for himself from his allegedly "seditious" (as per the Sedition Act) writings. True enough, RPK is now not only faced with those legal issues but the extra legal ISA for practically indefinite period.

Is it worthy being detained for an allegation that has yet to be determined as true? Shouldn't bloggers have some level of responsibility, integrity or the least, maintain a safe level of rationale and conviction in their writings?

More so, for those with a name to the blog and command a good following.

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Brother Sheih, Please la ... Make a police report and reveal your proofs there. And, respectfully follow the court process accordingly. If tehre is a case, go slug it out in court. No RPK-esque stunt.

If you wish to write, substantiate any serious allegations made. More so, for capital offense like murder where the burden of proof is heavy. Reveal real documents and not just statutory declared heresay. Otherwise, you can go down for making baseless allegation and fabrication.

Writers have to stay around to keep the fire burning. We have to live to fight another day. Remember that you haven't Kickdefella. One shouldn't assume it is an easy and given path ahead.

The last thing you should do is to discredit Najib based on unfounded claims. Sincerely I hope you have no intention to spoling Najib's plan for next week's D Day and allow Abdullah safe passage. Not only Abdullah wants to stay around, even Anwar wants him around.

Getting RPK out is tough. One RPK is enough. Not another one.


Big Dog:

What agenda is Kickdefella up to this round?

Another blogger joined the baseless accusation train. Bad enough that Raja Petra Kamaruddin, then Malaysia Today editor (now ISA detainee in Kamunting Camp), rabidly lambasted unbelievable stories about DPM Dato’ Seri Mohd. Najib Tun Razak being directly involved in the murder and cover up of Mongolian national Altantuya Shaaribuu. Now we have blogger Kickdefella, with another propesterous story on how private investigator Balasubramaniam.

Has the famous poster-maker turned political blogger any shred of evidence on these serious accusations? This is nowhere near being in the band of “skepticism”.

The timing is also a factor. At the finest moment where DPM Najib is said to be nominated as the most popular and likely candidate (within the purview of UMNO members and delegates) for UMNO Presidency, stories like this is being published and meant to attract adverse reactions.

The title is also damning, especially on the day most sacred and important for majority Muslim Malays. UMNO Divisions are supposed to start the annual general meetings beginning 9 October 2008 and nominations for the Presidency will be closely watched, not amongst UMNO members, but the whole world at large.

UMNO President PM ‘Flip-Flop’ Dato’ Seri Abdullah Ahmad Badawi is at the verge of getting kicked out from UMNO. Even there are skepticism about him wanting still to be nominated, despite the strong views MT UMNO thrown against him three weeks ago, it is still pertinent that the pressure to show him the door. Of course, it is not without within the UMNO vine, to nominate the most likely candidate which is the Deputy President DPM Najib.

What does Sheih Kickdefella expect from this posting? Get arrested another round, for ‘investigations’? He was picked up recently for posting the Malaysian flag upside down, which is deemed seditious.

Bloggers should be responsible with their scoops. We hope he really have incriminating evidence on this new accusations thrown to make the situation much more complex than it already has, especially from the eyes of bloggosphere users. Otherwise, posting like this will just cause confussion and demean the real role of bloggers: as provider of alternative media.

Raja Petra Kamarudin – Our Very Own Prisoner of Conscience

RPK has been incarcerated since 12th September and how he continues to blog from his current domicile is as amazing as the man himself. This latest posting, Give Me Liberty Or Give Me Death appeared yesterday in MT.

He is supposedly in solitary confinement but his sense of humor is obviously intact as he seems alluding to a mangy pussy smuggling his blogging notes to a waiting accomplice. How else is he blogging la!?!

Humor aside, he must be hurting and especially today being Hari Raya, he must be pining for loved ones who I am certain are suffering an even greater agony; few torments are worse than a combination of longing and uncertainty.

There are those who may still ask who is this man Raja Petra Kamarudin. Yet many already know him so well, probably not as RPK the man but for his deeds. No one under detention (not even Anwar) has ever sparked so much public outcry, with such fervor and amongst so diverse a cross-section of society.

RPK is being imprisoned and persecuted for the non-violent expression of his conscientiously-held beliefs. In this day and age we have RPK as Malaysia’s very own prisoner of conscience! How wonderful!

RPK is a man whose pen the authorities say is more dangerous than a keris and his writings cause racial discord. Yet, I see Malaysians of all races together at candle light vigils for his freedom.

RPK is a man with the gumption and bollards to say more than many of us dared to think about the injustices in our country yet they have charged this true patriot with sedition.

RPK is the man they say insulted Islam yet I have gained more sense from his writings on Islam than from material expounding the brand promoted by the Preacher Man who “leads” my country.

He is the man they ISAed because of “intention to incite public chaos” yet the People only came out in the thousands because they arrested him.

He has taunted and tainted the powerful and the influential without fear or favor yet he hides in plain sight, ever challenging to be put to strict proof in a court of law.

And what is his crime? He just refuses to lie down!!!

I do not claim to know RPK (nor Marina) well but I have met them on more than a couple of occasions. I certainly have not interacted with him socially and cannot lay claim to know RPK the man, like Bernard aka Zorro, Haris (Ibrahim) or Imtiaz would. Yet, I think I know him; I know him as a fellow human being.

I know him through watching his enduring love affair with his wife in his writings and through my own conversation with Marina at Blog House one day. If there is such things as soul mates then they are.

I have read his open letter to his son and I have read about his trials and tribulations in business.

I have read his account of own insecurities and the significance of the number 27 in his life. He is in his third 27 years and says;

“… my first 27 years of phase one was the jahil period, and the second 27 years of what I call phase two, the Iranian Islamic Revolution period, my ‘enlightenment’ period. Phase three; however, appears to be my questioning and doubting period, which is giving rise to my disillusionment period.”

Yang Mulia Raja Petra Kamarudin, you are no ordinary man yet you are as ordinary a human being as I am. With all your strengths, you are vulnerable to pain and anguish and for all the good you have done for so many; you certainly do not deserve the ISA! That your detention is factually and morally unjustified has been represented by so many to so many, yet you languish in solitary confinement in my (and Zorro’s) hometown, Taiping.

On the other side I see a man who clearly knows how “sunyi” it can feel when he lost his wife of more than 3 decades. On the other side, I see a man who also loves his family just as much, if not more. On the other side I see a man who claims religious piety yet is so easily seduced by the great temptation called self-justification. On the other side I see a man under siege but still having the power to do the right thing; release RPK. On the other side I see a man who is just as ordinary a human being.

This is the season for forgiveness and well wishes yet it appears the man on the other side is still able to reconcile himself to himself in festive cheer, for his own sake. But Mr. Preacher Man, if you do not listen to your conscience, please listen at least to Zaid as he wrote to you in Malaysiakini. The end does not always justify the means and even with all your weaknesses; do not do unto others what you do not want done unto you.

Mr. Preacher Man, you need not promise to be a PM for all Malaysians because you just cannot. Listen to the majority of Malaysians and do the right thing.

Selamat Hari Raya RPK, Marina & Family