Who is Right..?? Duress..hmmm

Different opinions and the issue hangs  on the validity of the undated and pre-signed letters of resignation from the state’s two PKR assemblymen. This Malaysiakini report http://www.malaysiakini.com/news/97436 according to Perak DAP chairperson Ngeh Koo Ham,” “The speaker (of the Perak state assembly) accepted (the letters) because (these are) legal documents. The letters are valid and have been signed by them, unless they now say these are forgeries … but when you sign something, you (should) know what it is all about,” he said.

Well,we have covered this saga from various angles and the one that really amuses us is that of,”using duress again as the sole argument of affixing their signatures on a document.” It’s the same all tune and nothing comes to us as a surprise anymore when it comes to Malaysian politics. Where are the political genuises that use to roam the pathways of the political parties.?? Are they now considered RARE SPECIES…hmmm

In another related report Malaysiakini learns there is a likelihood that the matter could be first referred to the courts instead of the ballot boxes. The report which can be read http://www.malaysiakini.com/news/97404 an extract version is that ,”Under commercial law, lawyer Hasnal Rezua Merican said any pre-signed letter of resignation is questionable as it is illegal and morally wrong.

“A resignation letter cannot be made under duress. It can be considered as not genuine as the person may not have a true intention of resigning now. Furthermore, if a politician wishes to switch parties there is nothing hindering him from doing so.

However,EC chairman Tan Sri Aziz Yusof explained that the Federal Constitution is very clear on the powers of the Speaker in matters related to the law-making houses in Parliament and its state equivalent, the State Legislative Assembly.Regardless of disputes, the Speaker is the final authority in deciding whether there is a vacancy or not and the election body can and must take the Speaker’s word at its “face value” and call for by-elections soon.

“As such, matters pertaining to suspension of a member and the likes, the final say rests with the Speaker. He is the one who runs the House and his ruling is final.”

The stage is thus set and we have to await the decision of the EC after their meeting which is scheduled at 11.00am. The dispute is not as clearcut and dry as it seems as there are too many variables at hand which must be collectively argued but we know that Politics does not always follow constitutional laws and thats the NAME OF THE GAME. Who is right..?

The  time for negotiation has arrived” –F.W.de Klerk

 

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5 thoughts on “Who is Right..?? Duress..hmmm

  1. zainuddin says:

    Correct me if i’m wrong.Rule no.1 never go against the boss. Rule No.2 refer to Rule no 1 if in doubt.Do es it make sense? Both PKR assemblyman forgot the rules of the game and rules of engagement..

  2. kplee says:

    This evil Mr. C4 is at his evil schemes again. This time in Perak. He must be REAL REAL HOT property. Wherever he goes, there are fireworks like C4 explosion.
    God help the rakyat if this guy become PM in about 2 months time.
    Meanwhile, just throw out these two stupid greedy, ZERO integrity PR bums out of PKR and have by- elections. It will be a WIN WIN situation for people of PERAK because $$$$$$ will be coming from BN.
    Stop wasting time and move on and have by elections now. WE need to resolve the country woes especially the economy as soon as possible.
    Long live PKR!!!!

  3. Mata Kuching says:

    The freedom to associate and disassociate from any society and organisation should only be confined to membership of a society and organisation and not when you are elcted as a ADUN or MP of a particular political organisation. The interpretation is too broad as to allow an ADUN and MP to disassociate himself or herself from the every political organisation that nominate him or her to stand in an election and get elected. Unless he or she is an Independent, any disassociation from a political party as an ADUN and MP must result in the automatic resignation of the duly elected representative and the election law should allow the person to stand again but he or she has to fork out 10 times the deposit.

    As we do not have such law, it will be to the best interest of the rakyat that the Perak government should rightly seek consent from the Sultan to dissolve the government and let the rakyat decide if they want PKR or BN to administer the state. After all we are moving towards a two parties system. So it is either PKR or BN.

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