> PKR to set up legal team

The Pakatan Rakyat (PR) coalition will not recognize Pangkor assemblyman Datuk Dr Zambry Kadir as the new Mentri Besar of Perak as it still considers Datuk Seri Mohammad Nizar Jamaluddin the rightful MB.

Opposition leader Datuk Seri Anwar Ibrahim said the PR top leadership has decided that a legal panel will be formed to study the laws, including the state constitution, and find ways to overcome the state government crisis.

On DAP chairman Karpal Singh’s decision to sue the Sultan of Perak and the new BN state government on Tuesday, Anwar said the legal views of Karpal will be taken into consideration by the team.

When asked if PR agreed that the Sultan should be sued for allegedly acting beyond the State Constitution, Anwar said this is a question for the legal team to sort out.

At the press conference today, Anwar said they regret that Nizar was ill-treated this morning when he went to his state office to carry out his duty as an MB.

"This is not the way or the culture of the Malay community to treat an MB. Umno is reminded to be polite with the MB," he said.

He also condemned the act by Umno to label Nizar as a traitor who defied the order of the Sultan to resign as MB.

"I expected this to happen as the Umno and BN newspaper would use this announcement to attack Nizar. I would also like to urge the people to protest peacefully, with no provocation made, and also to the police not to take any violent action against the people," he said.

Asked if the PR is still hoping to have an audience with the Sultan, Anwar said the PR had made a formal request and still hoped the Sultan would meet the coalition's top leadership and hear its concerns on the crisis.

Asked If PR would now push for an anti-hopping law, he said the PR will have to study this carefully because if hopping is not allowed, the resignation of an MP will disqualify him for contesting in an election for five years.

"If an MP says that the party he is serving is too corrupt, what would you do? We have to allow resignation and another law must be created (so that the MP would not be barred from standing in an election)," he said - theSun.

> Welcome to state with two MB's

Datuk Seri Nizar Jamaluddin appears determined to show up what Pakatan Rakyat contends is an illegitimate Barisan Nasional government that was sworn-in by Sultan Azlan Shah yesterday.

He is also determined to claim as legitimate his administration — today the embattled Nizar, called a traitor and a sore loser by Umno and BN leaders, chaired a meeting of his state executive councillors.

The meeting was held at the official menteri besar's residence next the city's landmark fountained roundabout, a short one-minute drive from Istana Kinta, the Ipoh palace of Sultan Azlan Shah.

Earlier this week, Sultan Azlan Shah asked for Nizar's resignation, to which the latter refused. The Ruler then declared the menteri besar's post vacant and promptly swore in Umno's Datuk Dr Zambry Abdul Kadir as the new menteri besar.

Today's meeting is in line with Nizar's contention that he had not been sacked as MB, as PR leaders contend a state Ruler does not have the power to dismiss because such powers lie only with the state legislature through a vote of no confidence.

It is also meant to shore up his arguments in what is now a roiling constitutional debate, and will likely be part of his legal case when the political impasse ends up in the courts, in a situation which is looking likely.

Nizar has now turned the official menteri besar's residence into his "seat of government," with party supporters guarding the compound while policemen watch on from outside.

So far, neither the new state government nor the police have indicated they intend to forcefully evict him.

At a press conference after the meeting, Nizar announced several policies that his administration had approved, including the extension of leasehold industrial land from 30 or 60 years to 99 years, in an attempt to boost investors' confidence in the state.

When asked how the outcome of today's meeting would be implemented without the cooperation of the state secretariat, Nizar said the issue does not arise as all the government agencies have to adhere to the decision made by the government.

Yesterday, when Nizar was at the state secretariat, he found his office emptied out and his files missing. He was then escorted out by the state secretary and policemen.

At today's press conference, Nizar explained that it was not necessary for the menteri besar to meet the Ruler every time before an executive council meeting.

"It is just by convention, but it is okay not to meet before the meeting," said Nizar.

He added his administration was still legitimate, and he would continue to report to work until a decision is made by the courts, as he plans to file a suit to challenge the newly appointed government on Tuesday.

"I always turn up to office very early, so we'll see who will be there first," he quipped - The Malaysian Insider.

> Biden vows break with Bush era politics

Vice President Joe Biden promised a sharp break from the go-it-alone policies of the Bush era in a major speech on Saturday, saying it was time to "reset" Washington's ties with Russia and talk to Iran.

Speaking at the Munich Security Conference in Germany, an annual gathering of leaders and defense experts, Biden said the new U.S. administration of President Barack Obama was determined to "set a new tone" in Washington and with its allies.

In the wide-ranging 25-minute address, Biden focused on relations with Moscow, badly strained by Russia's brief war last year with Georgia and U.S. plans to put a missile shield in central Europe.

"The last few years have seen a dangerous drift in relations between Russia and the members of our Alliance," Biden said in the first major foreign policy speech by the new administration.

"It's time, to paraphrase President Obama, to press the reset button and to revisit the many areas where we can and should work together," he said.

Biden conceded that Washington and Moscow would not agree on everything, citing the Georgia conflict and referring to Russia's resistance to its neighbors joining NATO.

"We will not recognize any nation having a sphere of influence. It will remain our view that sovereign states have the right to make their own decisions and choose their own alliances," Biden said. "But the United States and Russia can disagree and still work together where our interests coincide and they coincide in many places."

In the audience as Biden spoke were the leaders of Germany and France as well as the deputy prime minister of Russia -- all countries that clashed with former President George W. Bush over his invasion of Iraq six years ago.

At this same conference in 2003, German foreign minister Joschka Fischer stared down Pentagon chief Donald Rumsfeld, telling him he was "not convinced" by the U.S. case for war.

LESS TENSE

The atmosphere this year has been far less tense.

European countries broadly welcomed Obama's election and Biden's presence at a conference normally attended by the U.S. defense secretary sent an important signal to Europe that the Obama administration was keen to rebuild relations.

"We will engage. We will listen. We will consult. America needs the world, just as I believe the world needs America," Biden said.

In a jibe at the policies of Bush, he vowed to end torture, close the Guantanamo military prison in Cuba and advance democracy "not through its imposition by force from the outside, but by working with moderates" in foreign governments.

Biden urged a united effort by the international community to convince Iran to abandon its nuclear program, which the West believes is a cover to build an atomic bomb and Tehran insists is for the peaceful generation of electricity.

German Chancellor Angela Merkel and French President Sarkozy threatened, before Biden's speech, to introduce new, tougher sanctions against Tehran if it did not meet western demands.

"We are willing to talk to Iran, and to offer a very clear choice: continue down your current course and there will be pressure and isolation; abandon your illicit nuclear program and support for terrorism and there will be meaningful incentives," Biden said.

ALLIES MUST DO MORE

But while Biden promised to consult and listen more to allies, he also said Washington would ask for more from them, for example by taking in inmates from Guantanamo, which Obama has said will be closed within a year.

"America will do more. That's the good news. The bad news is that America will ask for more from our partners as well."

Biden also stopped short of promising a review of U.S. missile shield plans, as some had speculated before the conference and as Moscow has demanded.

"We will continue to develop missile defenses to counter a growing Iranian capability, provided the technology is proven to work and cost effective," he said, adding that it would be done in consultation NATO allies and Russia.

Moscow has sent contradictory signals over what kind of relationship it wants with the new administration -- first suspending the deployment of missiles on its Polish border, and then appearing to engineer the closure of an important U.S. military base in Kyrgyzstan - Reuters.

> Law and Tradition in Perak

The stand-off between Perak Menteri Besar Datuk Seri Mohd Nizar Jamaluddin and the Sultan Azlan Shah boils down to a squabble over a strict interpretation of the state Constitution and tradition, experts say.

Yesterday, the Sultan rejected Nizar's request to dissolve the state assembly and call for snap polls. The Menteri Besar has refused to accept that and plans an appeal. Legally, though, the Sultan has every right to do what he did.

The state Constitution gives the monarch the final say and his decision cannot be overruled. In short, without his consent, the state assembly cannot be dissolved.

But traditionally, the Sultan does not overrule the government of the day, political science lecturer James Chin told The Straits Times.

Sultan Azlan, who is a lawyer by training, himself wrote in a 2004 book on the Constitutional monarchy in which he commented on the sultan's power.

“His role is purely formal,” he wrote.

The Sultan does not have the legal power to force the Menteri Besar to resign, the way he tried to yesterday.

Last night, veteran Umno leader Tengku Razaleigh Hamzah released a statement commenting on the situation unfolding in Perak.

In it, he said that Nizar is lawfully the Menteri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the assembly.

“The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority,” he wrote.

Yet, because Malaysia's sultans wield considerable moral authority, it is rare to see their decisions being publicly disputed.

Datuk Param Cumaraswamy, a former United Nations special rapporteur for judicial independence, told Agence France-Presse that “a constitutional crisis is brewing” in the country.

The Barisan Nasional government is already proceeding as if it has regained control of Perak. Chin said that the opposition Pakatan Rakyat coalition might file a lawsuit challenging the validity of the new government. — Straits Times

> Perak in turmoil - 1

Following Barisan Nasional's announcement that it has the necessary members in the state assembly to form government, the ball is now in Sultan Azlan Shah's court to put an end to the ongoing political turmoil in Perak.

While Perak Menteri Besar Mohd Nizar Jamaluddin was acting within his powers to request the sultan to dissolve the state assembly, the BN too has the right to seek audience with the sultan to inform him of their increased strength in the assembly.

"The key player in this crisis is the sultan," said James Chin who heads the school of arts and social science at the Monash University.

The state constitution is clear in the powers vested in the sultan.

According to Article 16(6), the menteri besar must resign along with his state cabinet if he ceases to enjoy the majority support in the assembly.

Alternately he can request the sultan to dissolve the assembly, paving way for a fresh election.

Najib, in his press conference at Putrajaya this afternoon, referred to this article of the state constitution.

He said that since BN has now got 31 seats against Pakatan's 28 in the 59-seat assembly, it was imperative that Mohd Nizar resigned.

Najib will be meeting the sultan soon - either tonight or tomorrow morning - to formally inform him about the swift in power in the state assembly.

At the same time, Mohd Nizar was acting in accordance with the Perak constitution in seeking an audience with the sultan today - for almost two hours - to press for the dissolution of the assembly.

His response to the media after the meeting - "It is now up to Tuanku" - indicated that the sultan is not about to make a decision on the matter hastily.

In all fairness, the sultan will give an audience to Najib, as the newly appointed BN chief in Perak, to hear what he has to say.

"The sultan should know the law better than any of us, as he was formerly the lord president of the Supreme Court," added Chin.

Until the sultan makes his decision, Mohd Nizar will continue to remain the menteri besar, although it could only be for a short while.

Today's shocking developments meant that the present Pakatan government will have to step down just 10 months after their euphoric victory at the general election.

Many political commentators state that a snap election would bring back Pakatan back to power, and thus the reason for BN to be fighting hard for a quick transition in power.

However Chin said that the sultan's decision not to dissolve the assembly would only result in an unstable government.

This was because a slim majority in the assembly would always open the door for a possible defection in the future, he added.

"In order to secure a stable government, a working majority of at least five is needed," said Chin.

With the defections to BN today, the coalition has a majority of three seats.

The failed Ming Court coup

While many have argued that one effective way to stop defections is by enacting an anti-hopping law, constitutional expert Professor Abdul Aziz Bari disagreed.

"The only way to avoid hopping is to have principled politics and politicians - and the people have a role here," he told Malaysiakini.

The current political turmoil in Perak is not a new phenomenon in Malaysian politics.

During the 1987 turmoil in Sarawak, 28 out of the 48 state representatives plotted in the Ming Court Hotel in Kuala Lumpur to overthrow Chief Minister Abdul Taib Mahmud's government.

The dissenting group of state assemblypersons said they had lost confidence in Taib and asked him to convene a meeting of the state assembly for a vote.

Taib however advised the governor to dissolve the state assembly and called a snap state election, which was won by the Taib faction and he remained the chief minister ever since.

And then there was also the emergency rule declared in Kelantan in 1977 which allowed BN to take over the PAS-ruled state.

While one cannot second guess the sultan, it would nevertheless be timely to be reminded of what the sultan himself wrote in his book Constitutional Monarchy, Rule of Law and Good Governance in 2004.

"Under normal circumstances, it is taken for granted that the Yang di-Pertuan Agong would not withhold his consent to a request for dissolution of parliament. His role is purely formal."

He also added that no sultan or agung had withheld consent to dissolve legislative body, except in Kelantan in 1977.

However with the political power play coming into the picture, it will not be a surprise if the sultan decides to act against his own writing in acceding to Najib's request rather than dissolving the state assembly - Malaysiakini.