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NAJIB’S GOVERNMENT HAS PASSED ITS SHELF LIFE!
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The government has instructed attorney-general Abdul Gani Patail to look into whether there is a need for guidelines governing the actions of a caretaker government.
Minister in the Prime Minister’s Department Nazri Abdul Aziz agreed that if the Negri Sembilan assembly is not dissolved today, the government will be considered as a caretaker government.
“I think as we move on there will be a need for this, and we will ask the Attorney-General’s Chambers to look into it,” he said.
Nazri asks AG to look into caretaker gov’t rules
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Malaysiakini
Chief sec, should BN form caretaker gov’t or not?’
| 2:45PM Mar 13, 2013 |
Former KL Criminal Investigations Department chief Mat Zain Ibrahim is calling on chief secretary to the government Dr Ali Hamsa to explain the current government’s status – whether it remains legimate or should a ‘caretaker’ government be formed.
“Now, more and more of the people are questioning the legitimacy of the current government as the five-year mandate has lapsed at as March 8, 2013, if you take into account that the 12th general election was held on March 8, 2008,” Mat Zain wrote in an open letter to Ali today.
“The people cannot be blamed (for questioning the government) as this is the first time we are faced with such a situation.
“It is either the government should be taken as a caretaker government, or it is still within its mandate.”
‘Chief sec, should BN form caretaker gov’t or not?’
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Malaysiakini
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Najib Abdul Razak can no longer be considered the legitimate prime minister given that it has been more than five years since the last general election, noted veteran lawmaker Lim Kit Siang.
“March 9 is an important date because from this day on, we have a prime minister that is not legitimate,” Lim said during a Selangor Pakatan Rakyat rally in Shah Alam last night.
Lim (right) said Najib, who took over the premiership from Abdullah Ahmad Badawi in April 4, 2009, was also a prime minister without a mandate.
“He will be remembered as a prime minister without a mandate for the longest period… He is afraid to call for elections,” added Lim.
“This is a new record. Not just in Malaysia, but it will also enter the Guiness Book of Record.”
Kit Siang: It’s now March 9, Najib’s term has ended
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Najib is still afraid to dissolve Parliament to face the electorate although he has only earned for himself a breathing space of another 49 days before the present House is automatically dissolved on April 27 under the constitution, without the need for the prime minister to ask the Yang di Pertuan Agong for a formal dissolution!
Malaysiakini
| 3:30PM Mar 9, 2013 |
MP SPEAKS Two days ago, I was asked whether the Prime Minister, Najib Abdul Razak would dissolve Parliament on March 11 at 11.11am.
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Irony of ironies, Najib speciality
Last night, when launching the Malaysian Wasatiyyah Institute, Najib called on both Muslims and non-Muslims in Malaysia to embrace the concept and spirit of wasatiyyah (moderation) and make it the main thrust and direction of the country to ensure the nation’s prosperity and well-being.
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Can Najib explain what “wasatiyyah” was he preaching when during the recent Chinese New Year, he and his government could violate the concept and spirit of wasatiyyah as in the following instances:
1. Espousing extremism and falsehood when he declared in Kuala Terengganu on Feb 23 that “a vote for DAP is a vote for the oppression of Muslims”;
2. His racist, divisive and extremist directive to exclusively screen the May 13 film, ‘Tanda Putera’, to 3,000 Felda settlers although the cabinet decided last November that the film was “inappropriate” to be screened because of “bias” in the portrayal of May 13 riots in 1969; and,
3. Barring of a non-Malay reporter from an English daily from covering a programme organised by the Federal Agricultural Marketing Authority (Fama) in Penang yesterday while Malay reporters were allowed in.
LIM KIT SIANG is DAP national adviser and MP for Ipoh Timor.
Will Najib dissolve the House on March 11 at 11.11am?
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LIM KIT SIANG FOR MALAYSIA
The five-year term of Parliament, however, is not calculated from the previous general elections on March 8, 2008 but from the first meeting of the 12th Parliament on 28th April 2008.
This means that Najib can drag out dissoution of Parliament for another 50 days, but by midnight of 27th April 2008, the 12th Parliament stands automatically dissolved without the necessity for any formal dissolution by the Prime Minister, even without any need to seek an audience with the Yang di Pertuan Agong.
(Media Conference Statement in Plentong, Johore Baru on Wednesday, March 6, 2013 at 10 am)
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36-Day Countdown to 13GE – As Najib is morally a caretaker Prime Minister after March 8, he should brief and consult with Pakatan Rakyat leaders on the Sabah Sulu crisis
As the Prime Minister, Datuk Seri Najib Razak has signed the Transparency International-Malaysia’s Election Integrity Pledge on Feb. 20 to observe the principles of integrity, ethical conduct, accountability, transparency and good governance in the 13th General Elections, he must uphold and recognise the concept and conventions of caretaker government when Parliament is dissolved or at the end of the five-year term of Parliament.
Najib has delared that he wants to make Malaysia “the best democracy in the world”. If he is serious, it is beholden upon him to observe the best practices of mature and better-functioning democracies in other parts of the world, one of which is the concept and conventions on caretaker governments.
A caretaker government provision recognises that on the dissolution of Parliament, the day-to-day business of government must continue on ordinary matters of administration to allow for the normal operations of all government departments, but a Caretaker Government is limited and precluded from making major policy decisions or appointments.
(Media Conference Statement in Plentong, Johore Baru on Wednesday, March 6, 2013 at 10 am)
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Malaysiakini
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The privileges and powers that a Malaysian prime minister enjoys are all based and protected by the constitution. Nobody can dispute that.
However before the prime minister can enjoy the privileges and exercises the function of his office, he has to take and subscribe in the presence of the Yang di-Pertuan Agong the oath of office and allegiance and the oath of secrecy set out in the sixth schedule of the constitution.
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What we have before us here is Najib Abdul Razak, who is qualified to be appointed by the Yang Di-Pertuan Agong to preside over the cabinet as prime minister but one who did not subscribe to the oaths as set out in the sixth schedule.
Not only our PM cannot exercise the functions of his office,his advice to the Agong on the appointments of the other ministers and deputy ministers are also not valid.
When Najib’s legitimacy as the Malaysian prime minister is questionable, so too is his privilege to decide on the date of the dissolution of Parliament and the general election.
When we don’t have a legitimate cabinet, how could we have a caretaker government then?
For a clearer picture of the issue I wish to suggest it be read together with the following Malaysiakini articles:
a) BN becomes caretaker gov’t on March 8 by Tommy Thomas.
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COMMENT Parliament’s term is five years. Article 55(3) of the federal constitution states: ‘Parliament unless sooner dissolved shall continue for five years from the date of its first meeting and shall then stand dissolved.’
Because the current Parliament had its first meeting on April 28, 2008, it shall automatically ‘stand dissolved’ on April 28, 2013. As it is an instance of automatic dissolution, no action by any person is required to trigger it.
By virtue of Article 55(4), the 13th general election (GE13) ‘shall be held within 60 days from the date of the dissolution of Parliament’. Hence, the very last date on which GE13 can legally be held, at least for Parliament, is June 28, 2013.
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BN remaining in office from March 9 to June 28, 2013 is constitutional and legal, but its political legitimacy and moral authority are in question. Voters can legitimately say that they voted for a BN government on March 8, 2008 to govern for five years, and if that government does not choose to secure another mandate within that period, it becomes a caretaker government.
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b) An oath of office by KJ John.
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In the case of PM Najib Abdul Razak, it appears that the prime minister did not follow the exact wording of the oath of office, as it is recorded and made requisite. Malaysiakini carried a story wherein they quote a situation where in the former KL CID Chief Mat Zain Ibrahim “pointed out this discrepancy in one of his open letters to solicitor-general Idrus Harun today, following Najib’s oath-taking ceremony held on April 3, 2009, to become the sixth PM of the country.”
The report by Malaysiakini does give the exact wording of the oath of office of the prime minister as contained in the Schedule 6 of the federal constitution. But Mat Zain’s argument is that in his actual oath of office, the prime minister’s rendering was actually changed, altered, or removed for seven words contained in the Oath of Office.
Mat Zain argued: “The changes in words and structure are not in the federal constitution and this raises questions as such changes are not recognised by the constitution which is the highest document in the country.”
He further argued: “The question remains whether Najib’s oath to be the prime minister and vouch of secrecy is valid when he uses a different name from that in his identity card as the name is different from the oath which he took and recognised by the federal constitution.”
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c) Question over validity of Najib’s oath-taking ceremony by Mat Zain.
“The question remains whether Najib’s oath to be the prime minister and vouch of secrecy is valid when he uses a different name from that in his identity card as the name is different from the oath which he took and recognised by the federal constitution,” he said.
| 1:45PM Feb 12, 2013 |
As the nation awaits Prime Minister Najib Abdul Razak’s decision to dissolve parliament, a former top cop has spotlighted a discrepancy in Najib’s oath-taking ceremony three years ago, which results in questions being asked on its legality.
Former Kuala Lumpur CID chief Mat Zain Ibrahim pointed out this discrepancy in one of his open letters to solicitor-general Idrus Harun today, following Najib’s oath-taking ceremony held on April 3, 2009, to become the sixth PM of the country.
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Mat Zain said the oath of the executive and others is listed in schedule six of the federal constitution.
“Saya…, setelah dipilih (atau dilantik) memegang jawatan… dengan sesungguhnya bersumpah (atau berikrar) bahawa saya akan dengan jujur menunaikan kewajipan-kewajipan jawatan itu dengan segala daya upaya saya, bahawa saya akan menumpahkan taat setia yang sebenar kepada Malaysia, dan akan memelihara, melindungi dan mempertahankan Perlembagaannya.”
Vouch of secrecy
“Saya… dengan sesungguhnya bersumpah (atau berikrar) bahawa saya tidak akan memberitahu atau menzahirkan kepada mana-mana orang sama ada secara langsung atau secara tidak langsung apa apa perkara yang dibawa untuk pertimbangan saya atau yang akan saya ketahui sebagai seorang… kecuali sebagaimana yang mungkin dikehendakki menunaikan dengan sewajarnya kewajipan-kewajipan saya sebagai yang demikian atau sebagaimana yang mungkin dibenarkan dengan khas oleh Yang Di-Pertuan Agong.”
Changes in structure
However, Mat Zain said a perusal of the recording of the oath-taking ceremony revealed that the words “dengan jujur” (with honesty) is only said after the words “menunaikan kewajipan-kewajipan jawatan itu”.
“Najib has also added the words ‘kepercayaan dan’ (trust and) before the words menumpahkan. Besides this, in taking his vouch of secrecy, Najib had replaced the word ‘mana-mana orang’ with ‘sesiapa’ (anybody) and also the word ‘sewajarnya’ with ‘sempurna’ (perfection).
…By replacing the two original words with new ones, Najib had effectively change the structure and meaning of the vouch of secrecy.
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Najib’s name discrepancyThe former top cop said Najib is also embroiled in a discrepancy over his name as in his oath ceremony he had placed his name as Muhammad Najib bin Tun Haji Abdul Razak.
“However, in documents filed in Najib’s affidavit with regard to Anwar Ibrahim’s sodomy case, he affirmed and sign as Najib bin Tun Haji Abdul Razak as contained in his identity card, without the word Muhammad.
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d) Najib’s name game may cost him GE Nomination by Mat Zain.
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I have been asked by several people to clarify a couple of my remarks in particular, what I meant when I wrote, “…the prime minister is in a bind following his affidavits in support and in reply dated Sept 21 and 23 respectively,” as reported by Malaysiakini on Dec 5 (Peaceful Assembly Bill mala fide, says ex-top cop).
Quite simply, it means that our prime minister who is 58 years old, and going on 59, is still uncertain and unsure of his own name.
If he now declares his name as just ‘Najib’ with no ‘Mohd’ (pronounced as Muhammad) before the name Najib…..
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When PM Najib files his nomination papers, most likely in Pekan, he is expected to state his name as Mohd Najib bin Tun Abdul Razak as in previous elections. If he does that this time, then he faces the risks of being disqualified for filing his nomination form using a name that is not his name. For all intents and purposes, he has formally denounced the name Muhammad as his name, by way of two affidavits. The Returning Officer (RO) shall take the affidavits as evidence to this effect.
Say this time around PM Najib states his name as Najib bin Tun Abdul Razak, to neutralise the setbacks of the affidavits, still he can be disqualified for not using his full name in the nomination form.
The recordings of the oath taking ceremony of April 3, 09 where the PM affirmed in the name of Allah before YDP Agong that his full name is Mohd Najib can be produced to the RO as evidence.
So whichever name he chooses, whether Najib or Mohd Najib, it is still contentious, and the RO can disqualify him from contesting, although everybody knows, this is unlikely to happen. But God works in mysterious ways they say. It has happened many years before, in one little State up north, where the future MB was disqualified on nomination day and an unknown took the seat uncontested.
What I am trying to highlight here is that the issue of the PM’s name is not just a minor problem that can be easily fixed. At least one ordinary citizen, a woman, have gone to jail for this. We cannot take this matter lightly, just because this time around the person involved is the prime minister. No one is above the law; we are all equals before the law, which our PM is very fond of saying.
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When the agong himself is bound by the constitution to state his full name when the monarch takes his oath of office soon, so which name will PM Najib use then? Damned if he chooses Najib, damned if he choses Mohd.Najib.
Unless, if the Umno president says, he takes precedence over our Yang Di-Pertuan Agong, then I rest my case.
BN caretaker gov’t on March 8? Don’t be too sure
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