Tuesday, March 03, 2009

Democracy under a Tree...


better a first world democracy in a third world setting than a third world democracy in a first world setting.


I was supposed to lend my moral support to YB Thomas Su but with last night's news that the State Assembly will be closed and police warning against illegal assembly, I decided not to join in the uncertainty of what could happen. My friends called me, thinking I was in Ipoh, joking that they were wondering if they have to bail me out, like what happened to some who happened to be at the wrong place when police decided to act tough.


Anyway, with online news, I get to know probably more from different sources as one could not be at different places at the same time. For a private blogger, Anil Netto has been doing a great job in providing 'live coverage' where he provides pictures and comments as events happened. Anyway, these are some of the relevant news I wish to post:


Malaysiakini: Emergency Assembly convened in car park

At an emergency assembly meeting held under a tree in a car park next to the state secretariat, the Pakatan representatives passed motions to support Nizar as the menteri besar as well as to dissolve the state assembly.
Meanwhile at the Ipoh High Court, a new twist developed when judge Ridwan Ibrahim told Speaker Sivakumar's lawyers that they had no legal standing to represent the speaker, who should be represented by the state legal advisor...


10:40am) At the High Court, Sivakumar’s lawyers withdraw from the case after Judicial Commissioner Ridwan Ibrahim rules that private lawyers have no locus standi and cannot represent the Speaker.
Ridwan says that under the Government Proceedings Act, the Speaker can only be represented by the state legal advisor, or lawyers appointed by the latter, because he is part of the state government.
Sivakumar’s lead counsel, constitutional expert Tommy Thomas, says they will await further instructions from the Speaker. He said they were refused speaking rights under Ridwan’s ruling...


(I find this ruling disturbing as we all know on which side the state advisor is leaning)


Some comments from Anil Netto's blog:

09:57
All the PR Aduns are now moving to the DAP office opposite the entrance to the state government building, reports my contact. The DAP's Ngeh says they are going to have a press conference there.
09:58 [Comment From Dalbinder Singh] the star reports that the circulars to close the state building are being 'collected back'
10:00
[Comment From Singam] While the Press Conference can be at the DAP office, the State Assembly should NOT be convened there to avoid appearance of bias.
10:01
Meanwhile, over in the High Court, my contact reports that the Judge hearing the suits is Ridwan Ibrahim.
10:04
Two lawyers from each side have been inside the Judge's chambers for the last 20 minutes.
10:07
The Speaker and the PR Aduns are all at one corner outside the state government building. MB Nizar is inside the car. The Speaker seems about to make an announcement as to what they are going to do next, reports another contact at the scene.
10:08
[Comment From Singam] Zambry's two applications will be heard before Judicial Commissioner Ridwan Ibrahim at High Court 4.
10:10
[Comment From ipohmali] what? another change of judge in last minute? High Court (Special Powers and Appellate) Court judge Lau Bee Lan was appointed to hear it only yesterday!
10:16
The Speaker has just announced that he will be holding the sitting of the State Assembly about 50 metres from the entrance in an open space near a couple of trees.
10:17
They are starting the proceedings with a prayer as a crowd of about 500-600 look on.
10:21
They are having the Dewan assembly sitting under a tree! They are meeting right next to my contact's car. It's all very formal and they are addressing the Speaker as Yang DiPertua etc.
10:21
[Comment From BH Leow] Malaysian Insider reported that earlier there was a scuffle at 9.40am between five men and Pakatan Rakyat assemblymen trying to enter the state secretariat compound. The five men claim to be independent and are trying to push Datuk Seri Nizar Jamaluddin and Pakatan Rakyat assemblymen away from the entrance.
10:23
Another contact estimates that about a 1,000 people are watching the open-air proceedings. It's a historic sitting of the Dewan. Back to the people.
10:26
[Comment From Ray] Yeah! The assembly is having a historic sitting standing up. This should make headlines around the world.
10:26
[Comment From melaka] melaka was also found under a tree right..... is just the right time to make history again... UNDER a tree
10:27
[Comment From Bob K] The Assembly is not merely a building, it is the actual assembly of the people's representatives.
10:27
[Comment From Afiq Z] Back to basics. openness, transparent, witness democracy!
10:27
[Comment From Tension] we have to preserve the tree for future generation to remember!!
10:27
[Comment From Peter-Ji] Buddha received his enlightment beneath the Bodhi tree. Maybe DUN Perak historic emergency assembly is under the Ipoh tree...
10:30
[Comment From ipohmali] Update: High Court (Special Powers and Appellate) Court judge Lau Bee Lan is to hear Nizar vs Zambry, and not Zambry vs Nizar. The hearing is today
10:30
[Comment From steve] my white friends used to ask me if malaysians still live on trees. now i can tell them our democracy lives under the tree.
10:31
[Comment From BH Leow] I can feel the unification of different races and religions here. After all, we are all human with same values in life. This is the Malaysia, we want.
10:36
The resolutions expressing support for the MB and calling for the dissolution of the assembly have been passed. Everyone is now adjourning to the DAP office.
10:37
A man was scene carrying a placard, which read "The world is watching".
10:38
[Comment From Khoo] I was so touched! Democracy reborned under a tree in Perak!!! Prode to be a Malaysian!
10:39
[Comment From From Sabah] IMHO, the assembly is the easy part.... now the MB will still need to get HRH's consent to dissolve the assembly and path way for a new state election...
10:39
[Comment From Rose] Tree signifies the Law. The Law is Peace among all Nations The branches of this Great Tree signify shelter, giving each individual strength and the spirit to fight for our rights. Malaysians join me in seeing democracy at last, bravo Ipoh it starts with you
10:41
[Comment From BH Leow] It seems yesterday, the order to lock the dewan was retrieved according to Star today. IPOH: The State Secretary’s office issued circulars last evening directing staff members to cancel all appointments in the premises today because the entrances to the building would be shut. However, the circulars were retrieved about an hour after they were pasted on the doors of several offices. Later when asked if the directives had been withdrawn, State Secretary Datuk Dr Abdul Rahman Hashim said: “My officer informed me that they had been collected back. I cannot comment further on that.”
10:42
[Comment From lembu susu] fr malaysiainsiderMeanwhile, Judicial Commissioner Ridwan Ibrahim has ruled that five lwayers, including constitutional expert Tommy Thomas, have no locus standi to represent the Perak Speaker in court. He says the Speaker must be represented by the state legal advisor because he is part of the state government
10:44
[Comment From Krishna] Did anyone foresee that battleground for democracy will be Ipoh. The Sennivasagam brothers will be cheering from wherever they are.
10:44
[Comment From Guest] I'll teach my kids to sing this nursery to commemorate this day:in full robes and pageantry, he held the state assembly in a car park, under a tree
10:48
[Comment From Summer] if you see the date translated in chinese 3-3-09 - Sang Sang Weng Kau - meaning alive forever more
10:52
About 1,000 people had witnessed the proceedings.
10:58
"It was really a fantastic experience," says my other contact. It was an open space with a couple of huge high shady trees - a large mango tree and the other one appears to be angsana tree, about 200 metres away from the entrance to state secretariat building.
10:59
The bodyguards just formed a ring around the open-air assembly and the people were encircled around Aduns, who were standing in front of the Speaker, who was also standing in his full regalia, the songkok, the black and yellow suit.
11:01
A moment of humour occurred when the Speaker asked the Aduns, "Setuju?" Instead, of just the Aduns responding, the whole crowd shouted "Setuju!" The Aduns had to explain to the crowd that the Setuju response was only for the Aduns. Someone in the crowd muttered to my contact, "We are also part of this assembly. We have a right to express our confidence in the MB."

(Now we wonder about the legality of the Assembly sitting...)


My sincere thanks to Anil Netto for use of his blog comments and delCapo for the picture. Even re-run of 'live comments' give a truer picture.

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