On retirement will not embarrass country and government and won't start blog says Pak Lah

By : Sajahan Abdul Waheed

Datuk Seri Abdullah Ahmad Badawi answering questions from Lorraine Hahn

KUALA LUMPUR: Datuk Seri Abdullah Ahmad Badawi has promised that on retirement, he will not indulge in any activity which would embarrass the country and the government.

The prime minister said he also had no intention of starting a blog.

Instead, Abdullah said he intended to occupy his time with things like fishing, gardening and planting fruit trees.

"I am basically a kampung boy and I am returning to my old ways," he said during a question- and-answer session last night by well-known television presenter Lorraine Hahn at a function called "An Evening with the Prime Minister" and themed "A Prime Minister's Passage".

The event, organised by the Kuala Lumpur Business Club, was also attended by Raja Muda of Perak, Raja Dr Nazrin Shah.
In the Umno elections next month, Abdullah will not be defending his presidency and will be succeeded by his deputy, Datuk Seri Najib Razak.

On what role he was hoping to play upon retirement, Abdullah said he would need to discuss the matter with Najib.

"Maybe there is something that I want to do but let me discuss first with Najib. Whatever I do, I do not want to embarrass the government."

Abdullah also urged everyone to give their support to Najib.

"I am also happy that Najib has agreed to continue with the national agenda."

On his message to Malaysians before he left office, Abdullah said: "I hope that everybody will continue to work hard and have faith in your own ability to survive.

"This has also been my personal philosophy like when I was thrown out of the cabinet back in 1993. I made a comeback some three years later and went to the top to become the prime minister."

On the open debate policy which he introduced during his term as prime minister, Abdullah said: "People seem happy with the freedom which I gave and if that is the case, then it is good.

"I know that I have a high level of tolerance but having more freedom also comes with responsibility and one should not forget that. There is no such thing as absolute freedom."

Abdullah also hoped that the media and blogs would be more responsible.

"In one way or another, all of us have to exercise restraint. If we practise responsibility, Malaysia would then be a good country and more people would come here."

To a question on whether he was satisfied with the Malaysian Anti-Corruption Commission which he initiated, Abdullah said: "We have just started and I believe that it would soon become very, very active.

"We have the confidence in the people whom we have placed in this commission. They are very dedicated but they need the power to ensure that they have the freedom to carry out their tasks and investigations."

On what he considered as some of his achievements during his term of office, Abdullah said he was able to introduce the reforms that he had promised when he came into power.

This, he said, included matters related to the judiciary, anti-corruption and police.

"I am very glad that I could deliver what I had promised when some quarters had doubted whether there would be enough support in Parliament to support the bills when they were tabled."New Straits Times

TWM: The statements by Pak Lah is self explanatory. It clearly shows what a humble man he is. Some people who criticized him before are now saying he is great leader. What hyporite these leaders are. Last time whatever Pak Lah does are wrong. Now they are saying what a great leader he is. These leaders are standing for posts in the comming party elections. They thought by saying what they have said they would be getting the votes of Pak Lah ' s supporters. How shallow their thinking and they thought party members would easily forget what they have said before !!

Speaker's decision not valid - Dr Wan Junaidi

KUALA LUMPUR, Feb 23 -- Dewan Rakyat deputy speaker Datuk Dr Wan Junaidi Tuanku Jaafar said whatever decision made by Perak State Legislative Assembly Speaker V. Sivakumar, was not valid.

Dr Wan said any decision made by the Special Privileges Committee cannot be final if the decision was not accepted during the state assembly sitting.

"Taiping MP Nga Kor Ming may say it was valid but that is his view. If we look at what is practiced in Commonwealth countries, the Committee only prepares a written report and tables it during the sitting for approval. Only the state assembly can make the final decision.

"I have read the procedures practiced by the House of Commons in England, Australia and Canada and furthermore the Committee is not allowed to reveal anything before approval from the state assembly," he told reporters at the Parliament lobby here Monday.

Former Perak executive councillor and Taiping MP Nga Kor Ming had claimed that Sivakumar's decision was valid and in accordance with the Perak state constitution.

Nga who is also the Pantai Remis state assemblyman and DAP Youth Chief had said that an emergency state assembly would be called to pass a resolution to declare the appointment of Barisan Nasional (BN) to rule the state, as illegal, in accordance with the Perak state constitution.

"The decision made by Sivakumar was fully compliant to the Perak state constitution," Nga told reporters at the Parliament lobby here.

He said the decision to suspend Menteri Besar Datuk Dr Zambry Abdul Kadir and six executive councillors, need not be tabled at the state assembly for approval as the Speaker had the power to decide.

However, Dr Wan said he had read reports related to the House of Commons in Australia and Canada and knew what he was talking.

"To me, the report must be approved at the state assembly before it can become a reality," said Dr Wan.

Last Wednesday, Sivakumar who chaired the Committee of Special Privileges decided to suspend Dr Zambry for 18 months and the six executive councillors for 12 months from the state assembly, with immediate effect.

-- BERNAMA

Zambry seeks London's QC's opinion over Perak

By Shaila Koshy

KUALA LUMPUR: Perak Mentri Besar Datuk Dr Zambry Abdul Kadir and his six suspended state executive council members are seeking a second opinion from a Queen’s Counsel in London on the constitutional impasse in the state.

According to a source close to the Barisan Nasional, a senior lawyer is leaving for London Monday to meet with the QC.

One of the assemblymen and other lawyers will also be part of the group, said the source.

“The team comprises old and new young lawyers, there is one who was involved in the two chief ministers case in Sabah in 1986.

“They are going to for a second opinion on the purported suspension of the Perak MB and the six assemblymen as well as the suit filed (by Datuk Seri Nizar Jamaluddin on Feb 13) that the MB (Dr Zambry) is purportedly not the MB.”

The constitutional crisis in Perak began early this month after two PKR and one DAP assemblymen left their parties, leading to Nizar to seek Sultan Azlan Shah’s consent to dissolve the state assembly. On Feb 5, the ruler instead declared the Pakatan Rakyat government had lost its majority and appointed Barisan’s Dr Zambry as Mentri Besar.

Nizar and his team have refused to quit and the crisis is now a well truly a constitutional quagmire after State Legislative Assembly Speaker V. Sivakumar on Feb 18 suspended Dr Zambry and his executive council from the assembly for 12 and 18 months, respectively.

Asked whether the lawyers had been instructed by Barisan, the source said they were acting on behalf of Dr Zambry and the six exco members and took instructions from them as the aggrieved party.

On whether they would apply for a QC to represent them in court, the source said:

“No. In addition to seeking a second opinion, they also want an opinion on the position in other Commonwealth jurisdictions, apart from the Sabah and Sarawak cases here.”

Asked whether the legal eagles were getting a QC’s opinion because several legal experts have described the legal impasse as “uncharted constitutional territory”, despite the East Malaysian case precedents, he replied:

“They think the Federal Constitution has been stretched to extreme limits. See how the Speaker unilaterally acted in convening the Rights and Privileges Committee when the Dewan was not in session and suspending the MB and his exco members.”The Star

The Perak Crisis: Karpal stumped by Sivakumar's decision

IPOH: Pakatan Rakyat members are shaking their heads in disbelief over the suspension of Menteri Besar Datuk Dr Zambry Abdul Kadir and his six exco members by Speaker V. Sivakumar for 18 months and 12 months respectively. Even DAP chairman Karpal Singh, a prominent lawyer, is stumped by Sivakumar's decision to order the suspension.

Karpal told a press conference at Parliament House in Kuala Lumpur Sivakumar must call for the assembly to meet to endorse his decision to suspend Zambry and six executive councilors.

He said Sivakumar's decision must be endorsed by the house.

He recalled his own experience in 2004, where he was referred to the privileges committee for saying that members of parliament were required to raise their hands before taking their oath of office.
The committee's report was tabled in Parliament and Karpal was suspended for six months without pay or privileges.NST

Truthwatch: Is Karpal Singh playing a game here ? If we were to follow Karpal's logic that Sivakumar decision are not final yet until endorsed by the full Perak State Assembly which is now controlled by BN. Thus any motion to suspend the MB and his Excos will naturally be thrown out by members of the state assembly. The MB may want to change the Speaker with someone from BN now that it controls the Assembly. So Sivakumar your move has been check mate !!

Forget party election, concentrate on by-elections - Rafidah

KUALA LUMPUR, Feb 20 -- Wanita Umno head Tan Sri Rafidah Aziz wants members of the movement to forget temporarily the campaign for the party election in March and instead concentrate on the campaign for the by-elections in Bukit Gantang in Perak and Bukit Selambau in Kedah.

"To me, they (the by-elections) are priority, and I've switched off my mind on the contest for party post and I'm focusing on the contests for the two by-elections," she told reporters after chairing the Wanita Umno exco meeting which lasted about two hours, here today.

She said that the campaign for the party election should not be 'too extreme' to the extent that members were 'not talking to their rivals'.Bernama

Truthwatch: The Umno elections are getting to be hotter by the day as March 23 Umno General Assembly becomes nearer and nearer . But the members should not forget the bigger picture that at the end of the elections all parties should come back together. It is not the case of winners take all. This will weaken the party as can be seen after the fight between Mahathir and Tengku Razaleigh/Musa Hitam in 1987. Also the expulsion of Anwar Ibrahim in 1998. Both events had greatly weaken the party. In the 1990 BN lost Kelantan state and in 1999 GE the Malays were divided and BN won two third majority with the support of the non malays.

This is the political reality. In 2008 GE BN lost 5 states. Recently it managed to get back Perak through defections. UMNO as the backbone of BN must make sure that winners doesnot take all. The party must consolidate after the party elections. There are no other alternative.

Dato Ibrahim Ali :Kelantan Pas wants him to vacate Parliament seat

KOTA BAHARU, Feb 20 -- Kelantan Pas has urged Datuk Ibrahim Ali to vacate his Pasir Mas parliamentary seat for "not appreciating one's favour".

The party's state liaison secretary Datuk Takiyuddin Hassan said Ibrahim had offered himself to stand for the seat in the 2008 General Election on Pas' ticket but party leaders in the constituency had rejected the idea.

"Due to principle, the Tok Guru (Kelantan Menteri Besar and Pas spiritual leader Datuk Nik Abdul Aziz Nik Mat) thought he should be given a chance even though we had to ignore the demand of members in the area," he said.

After winning the election on Pas' ticket though he was an independent candidate, Ibrahim seemed to have forgotten the understanding reached with the party, he said.

He said as a people's representative who had been given a chance by Pas to contest, Ibrahim should not have criticised the party as though he alone was right.

"If he is a man of dignity, he can resign," said Takiyuddin who is also State Local Government, Tourism and Culture Committee Chairman after the ground-breaking ceremony for the construction of Pachor Bridge.

Nik Aziz officiated the ceremony here today.

Takiyuddin said Pas would appoint a "Pasir Mas Parliamentary supervisor" to control Ibrahim's actions which went against the policy of the opposition alliance and Pas.

Ibrahim should also declare his stand whether he supported the opposition or government, and stop attacking everybody, he said. "He is neither opposition nor government, don't know where he stands," he said.

He said Pas members in Pasir Mas were not happy with Ibrahim and many complaints had been made against him for not giving any commitment to Pas and the Kelantan government.

On the possibility of Ibrahim joining Pas, Takiyuddin said: "We don't offer him and we also have never turned him down but so far he has never applied to join Pas."

Responding to Takiyuddin's call to vacate the Pasir Mas parliamentary seat, Ibrahim told reporters in Tumpat that he would not do so because he had sacrificed a lot for Pas.

He admitted "borrowing" Pas' symbol to enable him to win the election and said that that it did not mean he had to follow and be bonded with Pas.

"Why should Pas get angry? All the while I speak openly, sometimes I criticise no matter who they are. Some say the way I talk bend towards Barisan Nasional.

"True, I criticise everybody but I have never condemned Pas leaders in or outside the House. I have never touched Pas, sometimes however I am being cynical that depends on the issue; that is normal," he said.

Ibrahim said if he lambasted other political parties what had it anything to do with Pas to the extent that it felt dissatisfied even though he criticised Umno more.

He gave three reasons why he would not relinquish being a member of Parliament.

"Firstly, there are about 50,000 voters in Pasir Mas and if 100 percent of them urge me to resign I will but if one I will not because in democracy many wins but it does not mean many is right," he said.

He also said during the recent Kuala Terengganu by-election, RM16 million was spent to maintain security and the amount was high to elect a representative. So, it would be a waste if he were to vacate the seat since the Election Commission had to hold a by-election in Pasir Mas, he added.

The third reason -- "I will have to wait five years if I resign and cannot contest again, that is stupid."

Ibrahim said as a former member of the Umno Supreme Council and former Pasir Mas Umno division head, it was a gamble in his political career to contest on Pas' ticket as an independent, and likened his sacrifice as that of a suicide bomber. Pas should have realised it, he said.

"But I am not disheartened; I have lost a father (after being expelled from Umno) and now I lose a mother (after being pressed to resign), become a real orphan but that is okay," he said.Bernama

My comment: YB Dato Ibrahim Ali has played a positive and consistent role in the Parliament. He is very protective of Malay rights. He is consistent in upholding the institution of Constitutional Monarchy both in Parliament and outside. He does not talk nonsense. He criticizes both sides of the political divide ie whether the government or the opposition. He is only one MP and not make any significant in any voting.

Thus I would really support that Dato Ibrahim remains as an MP and continue his good work.

Butt out, Muhyiddin tells Hadi

TAIPING, Feb 19 -- PAS president Datuk Seri Abdul Hadi Awang should keep his own house in order instead of meddling in Umno's affairs, said Umno vice-president Tan Sri Muhyiddin Yassin.

"Stop intruding in our affairs, we are not asking you for advice. Let us take care of our problems, just look after your party as you have enough problems," said Muhyiddin.

He was commenting on Abdul Hadi's suggestion, in the Dewan Rakyat yesterday, that the power transition from Prime Minister Datuk Seri Abdullah Ahmad Badawi to his deputy, Datuk Seri Najib Tun Razak to be postponed to enable Abdullah to complete his unfinished agenda.

Speaking to reporters at the Umno Bukit Gantang division office here today, he said, "I do not think he meant well."

He quashed rumours that Abdullah would not resign as prime minister but would only step down as Umno president next month.

"Do not believe the rumours as they are cooked up by certain quarters to undermine Umno and its leaders," he said, adding that the transition plan was a rational and wise plan.

On the Bukit Gantang parliamentary by-election, he said the contest would prove that Barisan Nasional (BN) was regaining the support of the people.Bernama

TruthWatch: Muhyiddin is right. Hadi should not involve in UMNO affairs. He should concentrate on the disarray in the Pakatan Rakyat. The loss of PR government in Perak. The controversial nude photos of Elizabeth Wong in Selangor. The bye election in Bukit Gantang. Hadi has his hands full. And he should concentrate on this. Getting inlved in UMNO affairs should be the last that he should do.

Anwar's play acting is encyclopedic ! (Part 4)

I reproduce below an article by the blogger jebat must die. It is interesting and good for reading.

5.2.2009
Nearly two weeks ago, the broad smile of Anwar Ibrahim showed how happy he was sitting beside his old campus mate, Nasarudin Hashim. He showed the world that it is not impossible to entice a wakil rakyat from BN to change sides. What a coup! The crossover drama queen was so happy, he was confident of luring more people from the other side.

He was reported as saying:

KUALA LUMPUR, Jan 26 — More Barisan Nasional lawmakers will cross over to Parti Keadilan Rakyat (PKR) soon following Datuk Nasaruddin Hashim’s defection, Datuk Seri Anwar Ibrahim predicted today.

The opposition leader expressed confidence that there will be a slew of defections occurring fortnightly from February onwards

Beaming with pride over his success in catching an ADUN from Umno, he gleefully said:

“We welcome him and I see it as a beginning of a new wave,” said Anwar.

The puppet Menteri Besar of Perak chipped in and went one step further- there will be more defections, he said. In fact, they were actively working to ensure it is a reality.

Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin, who is also state PAS deputy commissioner, said there were unconfirmed reports that more Barisan representatives planned to follow in Nasaruddin’s footsteps.

“There will be more crossovers… we are working on it,” he said.

Due to the sudden defection of Nasarudin over to PKR, Umno was in a panic mode. To rub salt onto the wound, Anwar Ibrahim then issued statements ridiculing Umno. A schadenfreude is what this man is.

Perihal dikumpul wakil-wakil rakyat Umno, ulangi angkat sumpah (sumpah lagi!) di depan Najib (kaedah apa pula?) biasa saja dalam tradisi mereka. Tetapi lantaran penyesalan mereka akan kehilangan tokoh Perak, apakah muslihat terhenti di situ?

Then, that crossover was the mileage Anwar Ibrahim needed to boost his waning popularity. It has come to a point that Anwar Ibrahim had to depend on pinching people across the political spectrum just to prop up his shaky platform.

Fast forward not too long after that, cracks began to appear in Pakatan Rakyat’s dreamboat. Talks of a few ADUNs from Pakatan crossing over became more and more rampant. Chief DAP of Perak, Ngeh Koo Ham immediately urged that the anti hopping law be enacted. His justifications were:

“He should be able to go back to the people and say, ‘Look, there has been a change of situation. For your sake, I want to change parties. Do you agree?’ he said, adding ‘there should be no impediments.”

But he failed to look into the mirror and see that his face was just muddied by the act of Anwar’s crossover plot i.e. Nasarudin Hashim. A man of integrity would almost always looked back and urged Nasarudin to vacate his seat before crossing over to Pakatan. When Anwar has no integrity whatsoever, it is up to the rest of Pakatan leaders to point out the obvious.

Alas, a credible politician is hard to find. The loose knot that tied Pakatan Rakyat together began to unravel. Upon the resignation of the two ADUNs from PKR, two letters of resignation appeared on the desk of the Speaker of the State Assembly. That was a fine example of Pakatan’s weakness. An undated resignation letter. No doubt, the brainchild of Anwar Ibrahim from his 1994 Sabah state election days.

At least the BN had never resorted itself to sign undated resignation letters as soon they become ADUNs. This shows that Pakatan Rakyat are afraid of their own shadows. And to think they want more people to join them! Who wants to join a coalition reeking with cross-overophobia but at the same time urging people to cross over?!

A strong leader concentrates on strengthening their own team first before trying to weaken the opposing team. If you are not that strong in the first place, minor hitches will tear your team apart.

Kalau kail panjang sejengkal, lautan dalam jangan diduga.

You will caught with your pants down in the process. As I see it, all this revealed how weak the opposition is. Lim Guan Eng even had to issue warnings to all of his wakil rakyats! What kind of polity is this? Schoolyard politics?

Their desperation became acute when Statutory Declarations were made hastily by two PKR Aduns in Perak! Hello YBs, confessions in SDs are no longer taken seriously ever since RPK started this trend.

Not only that, MB Nizar even made the desperate announcement to dissolve the state assembly without the consent of the Sultan! Putting the cart before the horse like this certainly had annoyed the Sultan. Where are your manners?

People can crossover to you but your people cannot do the same from your side is it? The reason these people do that is simply because you are not strong enough. Just like the laws of attraction, power makes everything sexy. Since Anwar is not as powerful and charismatic as he thought he would be, the result had been too obvious. The pied piper’s flute had lost its magic. Numerous broken promises had tarnished his image.

A commentator in a blogsite was heard complaining:

How can BN form the new state government with the stupid defectors?

The stupid defectors fail the voters. It is their own self-interest and decision to defect but is that the will of the voters ?

That would be the same type of question people will ask should Anwar gets his 30 frogs to change their party affiliation.

Forming the government is never easy. Not as easy as it sounds. Certainly not as dreamy as ‘We have the numbers! 30 MPs will cross over!’

The mess that we see in Perak is only 1/13th of the kind of mess we would have seen if Anwar Ibrahim’s dream to get 30 MPs were realised. And it all generated from Anwar’s big mistake. Enticing people to change party and political standing is the only modus operandi that he knows (after effectively thought about and execute the idea in 1994 Sabah elections).

Anwar Ibrahim started this call and promoted the idea of mass crossovers. However now, he has no moral conviction and the integrity whatsoever to say that all the cross overs from Pakatan Rakyat to BN is illegal or immoral.

Insecure people will talk big. But everyone knows its 100% bullshit. I have stated before, and I will say it now. Anwar Ibrahim never had the numbers to begin with.

The taste of your own medicine had never been this bitter eh? But then again, Anwar is used to tasting his own medicine. Berani buat, berani tanggung YB!

The Pakatan Rakyat’s state government in Perak had failed to balance the needs of its people. Due to DAP’s arrogance, they had bulldozed their administration without regards to the feelings of the majority. DAP could not understand that the monarchy is there to safeguard’s the Malays’ interest in the state.

First and foremost, the monarchy must be taken care of. The ’sultan-less’ psyche of the DAP could not see that the monarchy and the Malays relate to each other in a symbiotic kind of relationship.

The monarchy needs the Malays’ support while the Malays see their sultans as the ultimate guardian. Heck, Haris Ibrahim and RPK even issued out memorandums and petition to the Agong to seek his support!

The DAP should have taken care of the Malays’ feelings. Ultimately, the Sultan will not lose face in front of his subjects. No amount of excuses can save you if the Sultan feels that the Malay rights are taken away.

True to his form, Anwar Ibrahim will gather Pakatan Rakyat supporters to show their displeasure at the monarchy tonight. But he quickly rectified the reasons behind this mass rally as:

Opposition Leader Datuk Seri Anwar Ibrahim said the Perak Menteri Besar’s refusal to resign despite the request by Sultan Azlan Shah did not mean Pakatan Rakyat was on a collision course with the Perak palace.

But his statement became comical when he uttered:

“Considering the spirit of constitutional monarchy and Parliamentary democracy, this takover if allowed will be a disaster to the democratic system,” Anwar told reporters after a meeting with PR leaders.

Did he honestly think his ‘Project 916′ takeover won’t be a disaster to the democratic system? To me, Anwar Ibrahim cannot say anything more because he was the initiator of all these ideas of crossing over. Does he not remember?

By the way, I am of the opinion that all this is wrong. More or less, I agree with the views of Tengku Razaleigh and Tun Dr Mahathir. We may win this battle but could lose the war later on.

But, since this is already a foregone conclusion, what we can do is to minimise the impact of this debacle. Legitimacy of the new BN state government needs to be solidified further. Since there will not be a state election, what BN should do is to put in motion a vote of no confidence on MB Nizar.

This will surely reaffirm the notion that Pakatan Rakyat government is no longer wanted.

From then on, BN can decide their next course of action. Congratulations to Dato’ Dr Zambry, the ADUN for Pangkor as the new Menteri Besar of Perak. Diharap beliau tidak akan menjadi seperti kaduk naik junjung. The BN of Perak must perform better this time around and show to the people that it is a far more competent and efficient coalition to govern the state. To gain the correct perception is vital.

But in the mean time, Anwar Ibrahim should just keep his mouth shut, sit back and see the mirror image effect of his own dream taking stage in front of his eyes. Oh wait, he can also reminisce about what I had written in the first paragraph above. Good times eh?

---

Nazrin : Courts not for political antics

KUALA LUMPUR: The courts should not be used for political influence or perceived by the people as “a place for theatrical performance with pre-written scripts,” said Raja Muda of Perak Raja Nazrin Shah.

He urged legal practitioners to defend the sanctity of the courts from being deviated by those who were irresponsible.

Speaking at the 14th convocation ceremony for the Certificate of Legal Practice (CLP) examination at the Putra World Trade Centre, Raja Nazrin reminded law graduates to refrain from activities and behaviour that could tarnish the image of the legal profession.

“Practice according to the highest code of ethics to strengthen the democratic system in line with check and balance mechanisms for the three pillars — the legislative, executive and judiciary,” he said.

He said the basic principles contained in the Constitution must be upheld to ensure justice so that people will continue to have faith in the legal system.

“A fair legal system is the pre-condition to ensure peace in the country.

“It is an effective instrument to distance a citizen from seeking other alternatives and lead to a state of anarchy.

“Rule of law implemented in a transparent manner is an important component to boost the confidence of outsiders, especially foreign investors,’’ he said.Star

I totally agree with Raja Nazrin. Keep it up Tuanku. We need the royalty to give their comments from tim to time.

Not in Constitution, but Sultan can dismiss MB

KUALA LUMPUR, Feb 5 (Bernama) -- The Sultan of Perak has the power to dismiss his Menteri Besar even though the latter refuses to tender his resignation after being decreed to do so, a constitutional law expert said.

However, the power to do so is not within the provision of the Perak constitution but from the Interpretation Act which says the power to appoint also includes the power to remove, said Prof Dr Shad Saleem Faruqi.

"Article 16 Clause 7 of the Perak constitution says a member of the executive council other than the MB (Menteri Besar) holds the office at the pleasure of the Sultan. In other words, the MB cannot be dismissed.

"But Article 16 Clause 6 says if he loses the confidence (of the majority) he must resign. So the gray area is what happens if he doesn't resign," he said when contacted by Bernama on Thursday.

He said the two separate provisions seemed to contradict, so one had to look beyond the Perak constitution and into the Interpretation Act, which states the power to appoint includes the power to remove.

"In a situation where the person (MB) doesn't want to step down despite having lost (the support of the majority), I think the Sultan will have the power to remove.

"I'm sure he (the Sultan) doesn't relish (having to remove the MB) but the whole world is watching. The government is collapsing not due to popular mandate but due to defections.

"I'm sure Tuanku is very pained by all this, but he is in a dilemma, he has to have a government but there is an obvious stalemate," he said.

Prof Shad Saleem said he personally favoured a dissolution to let the people decide but the move would involve a substantial amount of expenditure and disruption at the expense of the people, which he felt the Sultan had undoubtedly taken into account when making his decision.

He was commenting on Perak MB Datuk Seri Mohammad Nizar Jamaluddin's refusal to resign from his post even after being decreed to do so immediately by Sultan Azlan Shah.

A statement from the Sultan of Perak's office said that if Mohammad Nizar does not resign his post as Perak Menteri Besar together with the members of the state executive council, the posts of Menteri Besar and state executive councillors would be considered vacant.

However, Prof Shad Saleem said that Mohammad Nizar's defiance was not a punishable offence.

-- BERNAMA