Posts Tagged ‘Pakatan Rakyat’

MBSA says its altar used for 4D prediction

October 23rd, 2009
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My earlier post was about the temple demolishment in Shah Alam, which was highlighted by PKR’s Manikavasagam yesterday and also newspapers today. However, MBSA issued statement (read in Malaysiakini) later today that the demolished structure was an “altar” used by few people to obtain 4D predictions.

Shah Alam Municipal Council (MBSA) deputy mayor, Mokhtar Hani said it was not a temple that was demolished as alleged by MIC, but rather an altar used by punters to obtain lucky numbers, built illegally on government land.

“We demolished an illegal structure, following complaints by the Jabatan Kerjaraya Daerah Petaling Jaya on the Jan 19,” said Mokhtar.

Mokhtar (left) said that the structure was built on government land without permission.

“The alleged Mathurai Veeran Temple is in actual fact an altar for punters to obtain numbers for gambling purposes.

“In fact, the altar was being maintained by these punters,” said Mokhtar.

“MBSA carried an inspection on Feb 16 and found out that there were six structures that was built without permission (of MBSA), and immediately issued a warning notice to the owners concerned to demolish the illegal structures that were put up,” said Mohtar.

Mohtar also said the owner of the structure, Muniandy Kathan, filed an appeal to MBSA to be given a one-month grace period starting from Feb 20 until March 20 this year to relocate the illegal structure, but failed to do so.

Following this, MBSA conducted an inspection on Oct 20 and found that not only had the original structure not been removed, but additions were made to it.

As such, he said, the MBSA had no choice but to demolish the structures on Oct 21 since there was no sign of any action on the part of the owner to relocate the structure all this while.

He said this in response to the statement by MIC president S Samy Vellu yesterday that the council had demolished a Hindu temple.

MBSA councilor Uthayasoorian Kalimuthu meanwhile expressed his disappointment with MIC for having manipulated the issue in an attempt to gain sympathy and support.

“MIC cannot use religion for politics.We do not want MIC to exploit this issue for their ‘survival’,” Uthayasoorian said.

He also said that MBSA takes such allegations, which clearly incites religious sensitivities, seriously.

“We will not hesitate to take further action and also consider lodging a police report if necessary,” said Uthayasoorian (right).

Mokhtar also said there was a temple for Hindu devotees not far away from the demolished altar.

Earlier, Selangor MIC Youth head Shanker Raj Ayanger who visited the demolition site said he would hand over a memorandum to Selangor Menteri Besar Abdul Khalid Ibrahim on Wednesday to protest against the demolition of the structure.

Shanker also said a report was lodged at the Bukit Jelutong police station yesterday over the incident.

There are some photos of the demolished structures scanned from newspapers and hosted at HRP’s website. From the photos, it doesn’t look like a big temple, probably about smaller than a normal terrace house in terms of land area. A small structure with zinc roof, cemented floor, and wooden walls. Anyway, I hope some of the locals or eye witnesses can provide better details.

As for me, regardless of altar or temple, this is still considered a place of worship and must be handled sensitively. Not simply demolish. What’s the point of having a committee and making promises, but later playing with rhetorics? I never found any statement in the above article that mentioned about discussing or informing the non-Muslim religious affair committee about this temple problem. No mention of Malaysian Hindu Sangam as well. So, that means MBSA did not follow procedure? That’s an act of indiscipline and insubordination, no? Perhaps the councillor can verify on this.

Another temple demolished in Shah Alam

October 23rd, 2009
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Facebook is quite active with the news of temple being demolished in Shah Alam yesterday. The temple, Mathurai Veeran Temple located at Persiaran Kerjaya, Jalan Glenmarie, Seksyen U1 in Shah Alam, was demolished by MBSA.

MIC was quick to condemn the demolition (OK, we can ignore their record for the moment):

MIC president Datuk Seri S. Samy Vellu said demolition of the Mathu-rai Veeran temple in Persiaran Kerjaya, Jalan Glenmarie, Seksyen U1 in Shah Alam was an “act of treachery” by the Pakatan Rakyat-led state government.

… Samy Vellu said the Mathurai Veeran temple committee had submitted an appeal to the February 2009 notice sent by the Shah Alam Municipal Council but the temple was still demolished without an alternative land being offered.

“There were also no discussion with the temple committee and no recent notices given by the council. They just went ahead and demolished it,” said Samy Vellu.

He wanted the Selangor Government, especially state executive councillor Dr. Xavier Jayakumar to explain the demolition, failing which the MIC would seek legal redress.

Samy Vellu goes on to point EXCO  Xavier Jayakumar to provide explanation:

Samy Vellu wanted the Selangor government, especially its state executive councilor Dr Xavier Jayakumar to explain the demolition, failing which MIC would seek legal redress.

“He (Xavier) does not seem to worry about what is happening. Perhaps this (the demolition) is being carried out because the Indians are not united under the Pakatan state government,” he said.

I too wonder how Samy Vellu knew that MBSA took “direct orders” from the Selangor government to demolish the temple. Who gave the orders? An individual? a committee? Selangor government here means the state secretariat, the EXCO or MB?

“I salute the MPSA for taking direct orders from the Selangor government without consulting the temple committee,” he added sarcastically.

Granted, current Selangor government did announce approval of land for temples time to time, but this is the second such demolishment happening. AFTER they have given their word that temples won’t be demolished without proper relocation. Remember Ampang Jaya? Well, search this blog for the related articles on that demolition.

Back then, MP Kapar Manikavasagam did some drama about quitting and all. There was even news about suspending high level officer in the MPAJ. I sent email to the committee on non-Muslim religious affair. But no news till now.

This time, MP Kapar also mentioned in his Facebook entry that those who did it should be sacked. So, who would it be? Some low-level MBSA enforcement officer? The head of enforcement division? MBSA chief? State secretary? Or ask the 3-man committee (Xavier, Ronnie, Teresa) to resign?

The temple demolished already. So, what’s next? Who going to foot the bill for relocation and reconstruction? Who is going to be demoted/suspended/fined/sacked? Who going to resign? Who will face legal action?

Should MBSA put a non-Muslim as the head to turn things around? Just wondering….

Solution for Kg Buah Pala?

August 4th, 2009
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Lim Guan Eng says developer agrees to share the land with the residents (7.30pm today). He is to discuss with the residents, and if they agree, problem settled.  However, Nusmetro still talking about the residents moving out – perhaps to temporary housing? And what would the coperative say?

Demolition postponed till August 18 since the residents filed an appeal and appeal will be heard on that day only. Developer can’t demolish until appeal is heard and decided upon. So, for the moment, the residents can breathe easy.

 The way I look at it, options are quite clear – (i) buy back/reclaim land, (ii) share land, or (iii) compensate and move out/evict. Each of the solution may bring another set of problems – political, financial, legal, and social.

 

Chief Minister Lim Guan Eng said Tuesday evening that the developer of the Kampung Buah Pala land has agreed to share the 2.6ha plot with the villagers.

He said he would discuss the proposal with the villagers at a meeting with them at Komtar which started at 8.05pm on Tuesday.

He spoke to reporters in a short press conference before the meeting began

Earlier, Bernama reported that the planned demolition of houses in Kampung Buah Pala Tuesday has been postponed, once again, to Friday, pending a solution to be worked out for the 23 families facing eviction from the area which is to be developed.

The villagers are scheduled to have a meeting with the state government Tuesday night.

State government representatives had met last night with the developer of the land, Nusmetro Ventures (P) Sdn Bhd.

Nusmetro Ventures executive director Thomas Chan said the company had come to an agreement with the state government to set Friday as the new deadline for the villagers to move out of their houses.

Chan, who was accompanied by the company’s lawyer, told reporters he would wait for the outcome of tonight’s meeting between the villagers and the state government.

Penang Deputy Chief Minister II P. Ramasamy met the villagers Tuesday and said the draft of a solution was being prepared by the state government.

“We have also agreed to meet the residents at Komtar (where the state government office is located) at 7.30pm today to discuss the draft,” he told reporters after the meeting.

Pakatan under fire over Kampung Buah Pala Indian village

June 8th, 2009
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This is the case of making a promise you can’t keep. Now, I wonder how Penang CM and his two highly qualified deputies going to answer the villagers. People don’t want to hear excuses and red tape story. If you can’t do it, ship out. Simple as that.

One can argue that this is a problem of the old state government who seemed to have lots of shoddy land issues plaguing it.  But what are the steps being taken so far since 12 months ago to solve the problem?

As for 1Malaysia proponents, this is a good chance to walk the talk. So, who is going for a walkabout in Kampung Buah Pala soon? A plus point is that the developer is related to ruling goverment political party. So, with few phone calls, the higher-ups have chance to win over the families living in Penang. Will MIC jump in and take this opportunity?

Read the stories from Malaysiakini , The Star, and NST below.

Some 300 Indian Malaysians living in Kampung Buah Pala in Bukit Gelugor, a quiet Tamil settlement located in heart of rapidly developing eastern part of Georgetown, face eviction this Thursday following an appellate court order last month.

MCPX

The affected residents have called on Chief Minister Lim Guan Eng to stop the developer from demolishing their homes.

“Since he claims that his administration is a people’s government, the chief minister should now prove his words,” said a resident, C Tharmaraj, who also the state PKR Youth treasurer.

high chapparal village 060609 villageAs the village is only five minutes’ drive from the Penang Bridge and 10 minutes from both Bayan Lepas Free Industrial Zone and Komtar, the 2.6ha plot it occupied is considered prime land.

That status has become a curse to the village in recent years. Developers have long coveted the area for high-rise development.

The settlement originally came under a housing trust gazetted under the Housing Trust Act 1950 and residents paid temporary occupation licence (TOL) rents to the Land Office from the days of British colonial adminstration to 2005.

In 2005, the Land Office refused to accept their TOL payments to pave way for land alienation to the state government.

Villagers: Prime land sold below market price

The land was subsequently sold for RM3.21 million to the Koperasi Pegawai Kanan Kerajaan Pulau Pinang and this led to a lucrative development project undertaken by Umno-linked Nusmetro Ventures (P) Sdn Bhd.

According to the villagers, the sale price – estimated at RM11.33 per sq ft – was far below market value.

The land title was subsequently transferred to the cooperative on March 27, 2008, soon after Pakatan Rakyat coalition stormed to power in Penang at last year’s general election.

high chapparal village 060609 posterDisgruntled residents took the issue to the High Court seeking legal redress to their plight and obtained a favourable court ruling last October.

However, the Court of Appeal backed the cooperative following an appeal.

The appellate court also ruled that the landowner and developer need not pay any compensation to the affected villagers.

It ordered all residents to move out by June 11 from the land, which they have occupied for more than a century.

The village residents association has since appealed to the Federal Court to overturn the Court of Appeal’s decision.

However, although demolition work cannot be legally carried out pending their appeal, fear has gripped the villagers that they could be forced to evict their homes next week.

They are urging the state government to intervene to stop 33 houses involving 50 families from being demolished.

Kampung Buah Pala Action Committee chairman M Sugumaran, 52, blamed the previous state government under Dr Koh Tsu Koon for their plight.

Much to chargin of the villagers and despite numerous appeals and mass protests, Nusmetro is converting the land to a mix-development township involving four blocks of medium and low-medium cost apartments of 740 units and eight units of shoplots.

The cooperative will earn a whopping RM12 million from the project.

British gave land to villagers’ forefathers

The villagers, led by Sugumaran, have written to the authorities to stop the development and preserve the village as a traditional Tamil Hindu settlement, which local historians claim had existed for more than 150 years.

According to Sugumaran, the original owner of the once coconut plantation area, David Brown, had given the land to the villagers’ forefathers nearly 200 years ago.

Shortly after the British left, the state government took over the village in the capacity of ‘trustee’ and began collecting annual TOL rents.

In 1999, the villagers requested the federal government to gazette the area as a traditional Tamil Hindu settlement in accordance to its policies to preserve traditional villages as symbol of national pride.

However, the villagers’ attempt proved futile.

The villagers are now preparing themselves to stop the possible demolition by the developer on Thursday.

high chapparal village 060609 draviam arul pillay“We will prepare ourselves to face the developer. Do or die, we will fight to keep our traditional village,” vowed Tharmaraj.

Senior resident, Draviam Arul Pillay (left), 84, said that Pakatan leaders had promised the villagers that they would preserve Kampung Buah Pala as a traditional Tamil Hindu village.

“They vowed to defend our rights and interests,” said the senior citizen.

‘Village should be preserved’

Kampung Buah Pala, popularly known as ‘Tamil High Chaparral’ to Penangites due to its traditional population of cowherds, has many features of a model Tamil Hindu settlement.

At a dialogue session with the villagers this afternoon, Jarigan Rakyat Tertindas (Jerit) Penang coordinator Muammar Kris Khaira called on the state government to act in protecting the villagers.

high chapparal village 060609 magdeline ngPenang Heritage Trusts manager Magdeline Ng (left) said a tourist would mistake Kampung Buah Pala for a village in India if one were to witness religious festivities celebrated so passionately and joyously by the villagers.

“The festive mood and colourful atmosphere of this area is hardly visible in other areas of the island. The state government should preserve this traditional natural heritage in Georgetown,” she told Malaysiakini, referring to the city’s world heritage status.

M Nyanasegaran, who represented PKR state chief Zahrain Mohd Hashim, said the state government can stop the development if it is found that the land transfer was not done properly.

“The state government should investigate and find out whether there were some shoddy deals made,” he said.

“If the probe can proved this, the state government should intervene to stop the project and review the land transfer deal.”

The Star:

With time running out against an eviction order, residents of Kampung Buah Pala, better known as Penang’s High Chapparal, have now turned their anger toward the state Pakatan Rakyat government.

At a press conference at the village in Gelugor yesterday, the residents accused the state administration of breaking its promise.

Before the March 8 elections last year, PKR and DAP members came here to campaign.

Unhappy lot: Kampung Buah Pala residents appealing to the Pakatanled state government for help during the press conference in Gelugor Saturday.

(PKR leader) Datuk Seri Anwar Ibrahim himself promised that if Pakatan came into power, our village would be saved,” said Kampung Buah Pala resident A. Draviam, 84.

A large group of residents attended the press conference to oppose a notice instructing them to vacate the 23 houses in the village by June 11.

On May 11, the Court of Appeal had ruled in favour of a cooperative and the developer of an apartment project seeking vacant possession of the 2.6ha land occupied by the cattle farmers at Lorong Buah Pala.

Kampung Buah Pala Association chairman M. Sugumaran said the residents had filed for a stay of execution and an appeal to the Federal Court last week.

“We expect to get a hearing date for the stay on Monday or Tuesday,” Sugumaran, 54, said.

The latest development follows a long standing dispute over the land between Koperasi Pegawai Kerajaan Pulau Pinang Bhd and Nusmetro Ventures (P) Sdn Bhd and the village residents who claim that Indian immigrants working in estates under the British colonial rule established the village over 100 years ago.

The villagers also claim there was foul play in the transfer of the land from the state to the co-operative in late March 2008.

Batu Uban assemblyman S. Raveentharan, along with members of non-governmental organisations Suaram, Jerit and the Penang Heritage Trust (PHT), were also at the press conference.

“This is one of the oldest traditional Indian villages in Penang’s urban area.

“There are hardly any traditional settlements left in the state and we appeal to the state government to re-zone this area as an official Hindu cultural village,” said PHT manager Mag­dalene Ng.

NST:

Residents of Kampung Buah Pala in Gelugor attending a press conference to voice their concerns over the impending eviction.
Residents of Kampung Buah Pala in Gelugor attending a press conference to voice their concerns over the impending eviction.

GEORGE TOWN: Residents of Kampung Lorong Buah Pala in Bukit Gelugor, who are facing the possibility of losing their homes on Thursday, want the Pakatan Rakyat leaders to make good their promise to save the village.

They claimed this promise was made during last year’s general election.

The village’s residents association chairman, M. Sugumaran, said its members were promised that as long as Pakatan Rakyat ruled the state, their village would be spared.

“Such were the promises made to us during the general election last year.

“What is the state government’s stand on this now?” he said, suggesting that the state government pay off the landowner to save the village.

There are over 300 residents belonging to 65 families who have been living in 23 houses in the village for generations.

They will have to vacate their homes in the traditional cattle-raising village dubbed, Penang’s High Chaparral, if their appeal for a stay of execution is not granted by the Federal Court.

Sugumaran said the appeal was filed last Thursday and hopefully a hearing date would be given tomorrow.

“If our appeal is unsuccessful, we will have to be ready to face the bulldozers.

“We are very disappointed that the situation has come to this,” he said.

The residents have been fighting in recent years to save their village from being demolished to make way for development projects.

In November last year, the High Court dismissed an appeal by the landowner, Koperasi Pegawai Kerajaan Negeri Pulau Pinang Bhd and development company Nusmetro Ventures (P) Sdn Bhd to vacate the land where the village stands.

However, on May 11, the Appeals Court ruled in favour of the landowner and developer, leaving the villagers with only a month to leave the land without compensation.

Penang Heritage Trust manager Magdeline Ng, who was present, said the village was the sole surviving Indian village on urban land.

“It is still very vibrant with traditional customs and festivals like Ponggal,” she said, appealing to the state to save the village and zone it as a model Indian cultural village.

court rules nizar is MB but does it change anything?

May 11th, 2009
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the anticipated moment arrived today afternoon. I have to admit that I thought the court will declare Zambry is the MB of Perak. Those people I talked to, also had the same view. So, it was a big surprise when Pakatan’s Nizar was declared as valid MB. The court also denied application for a stay pending an appeal by Zambry.

While it may sound nice to hear that justice kind of prevailed, I really wonder if the ruling makes any difference. Let’s see the ruling by Justice Abdul Aziz Abd Rahim:

– a new Mentri Besar could not be appointed as the office had not been vacated. A mentri besar can only be dismissed by a vote of no confidence, one in which Aziz noted that the Perak Legislative did not carry out.

Court said the fatal Barisan Nasional mistake was despite the majority of 31 against 28, the coalition failed to take a no-confidence vote against Nizar in the state assembly.

The Judge said once appointed as chief executive of the state, the Menteri Besar is only answerable to the state assembly.

The judge also said the job of the Ruler or head of state was only to appoint a Menteri Besar and if he refuses to resign, he cannot be sacked or his position vacated.

Justice Aziz said Nizar had gone to meet the sultan on Feb 4 to seek a dissolution of the house to go back to the people.

“It is not true that Nizar had asked the ruler to dissolve the House on grounds that he had lost confidence of the majority,” he said.

The ruling (from the Star):

The High Court declared that Datuk Seri Mohammad Nizar Jamaluddin is the valid Perak Mentri Besar, ruling that his Office has not been vacated.

High Court (Appellate and Special Powers) judge Justice Abdul Aziz Abdul Rahim granted a declaratory relief to Nizar that he is still and was Mentri Besar at all material times.

The court, which issued a declaratory relief that Datuk Dr Zambry Abd Kadir had no rights to occupy the office of Perak Mentri Besar, also ordered him to show cause and give information under what policy, power or authority he allegedly held office and exercised the responsibilities, functions and duties as Mentri Besar.

There was clapping and cheering in the packed courtroom when the ruling was handed down.

Justice Abdul Aziz. who read out his written judgment for over an hour, said that Nizar, once appointed Mentri Besar, was only answerable to the State Legislative Assembly.

“Based on democratic practice, the vote of no-confidence should be taken on the floor of the assembly and only that way, he (Nizar) could be forced to resign.

“(Otherwise,) how could Nizar lose confidence on the purpose of Article 16 (6) of the Perak Constitution?,” Justice Abdul Aziz pointed out.

Article 16 ( 6) states that if the Mentri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly then, unless at his request His Royal Highness dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.

In his suit filed on Feb 13, Nizar, a PAS member, challenged the legitimacy of Dr Zambry and the new state government.

The judge said Nizar only sought to get the declaratory relief to look into the relevant provisions of the Perak Constitution, particularly Article 16 (6) on grounds that there could not be two Mentri Besars, adding that the issue of justiciability over the Sultan’s power in the appointment of the Mentri Besar did not arise.

“If the respondent’s (Dr Zambry) claim is truly undeniable over the support of the three independent assemblymen, why didn’t the Barisan Nasional request for the assembly to have a special sitting to table a motion of no-confidence against the applicant (Nizar)?

That would be in line with the democratic principle,” he said, adding: “I am of the view that the office of the Mentri Besar has not been vacated.”

Justice Abdul Aziz held that Nizar had advised the Sultan of Perak to dissolve the State Legislative Assembly, adding there was, however, no dissolution of the assembly, no motion of no confidence taken and adopted against the Mentri Besar and no resignation by Nizar.

The court also granted an injunction to prevent Dr Zambry or his agents from acting or implementing the responsibilities, functions and duties of Perak Mentri Besar.

On Perak Legal Adviser Datuk Ahmad Kamal Md Shahid’s claim that he was a neutral party in the proceedings, the judge said that Ahmad Kamal “had not applied his independent mind”, adding that to an extent, his evidence was “coloured” as he admitted to taking instructions from Dr Zambry’s lawyer when he was cross-examined on his affidavit.

“He is a very senior legal officer but he chose to use the word instructed instead of request or volunteered,” he said.

Ruling excerpts from Malaysiakini:

Justice Abdul Aziz Abd Rahim then proclaimed Mohammad Nizar Jamaluddin as the rightful Perak menteri besar.

< ![endif]–> “He is, and was, at all material times the chief minister of Perak,” Abdul Aziz told the court.

His decision rubberstamped ousted Pakatan Rakyat MB Mohammad Nizar’s argument that he is the legitimate menteri besar.

Zambry’s lawyer Cecil Abraham’s application for a stay of proceedings pending an appeal was also rejected by the court.

Justice Abdul Aziz delivered his judgment at 2.34pm in a courtroom filled with Pakatan Rakyat leaders. He read his judgment for more than one hour and 10 minutes and granted all the prayers that Mohammad Nizar had sought.

Abdul Aziz in reading his judgment laid out the facts of the case, where he highlighted the cause and results of the political impasse as a result of the defection of the three state assemblypersons – namely Mohd Osman Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang).

< ![endif]–> The judge said if the Sultan of Perak had wanted to order Mohammad Nizar’s resignation, he should have called the assembly to table a motion of no-confidence against PAS leader.

He said that

< ![endif]–>a new menteri besar could not be appointed as the office had not been vacated.

He also noted that state legal advisor Ahmad Kamal Md Shahid’s affidavit contradicted Mohammad Nizar’s version of events and decided to consider the latter’s version.

“The court cannot accept the state legal advisor’s testimony as he seemed to be a partisan witness,” he said.

What are the sultan’s powers?

The judge noted that the Sultan of Perak can use his absolute discretion in the appointment of the menteri besar and also grant a dissolution to the assembly.

“However, once the menteri besar is in office he is not under the pleasure of the sultan but under the Perak legislative assembly,” he said.

“Hence, the sultan cannot order for his resignation but this must be done through a vote of no confidence at the state legislative assembly.”

“However, based on democratic practise, the only measure to oust Mohammad Nizar was through a vote of no confidence against him.

“As I have state earlier any vote of no confidence should be on the floor of the state legislative assembly,” he said.

“Only under these circumstances can the menteri besar be forced to resign,” he said.

The decision is now set to bring about more uncertainty in the state.

The court also ordered Zambry and gang to vacate office as soon as possible. So, one wonders why there are truckloads of FRU at the state government building.

Nizar still sticks to his word that he want to have an audience with the Sultan to ask for dissolution of the assembly and call for fresh elections. He also suspended the state legal officer. When would the guy who turned of the mike will be suspended? 🙂 I wonder if the same fate awaits the rest of the top officials in Perak – state secretary, assembly secretary, financial officer etc.

From what I understand, the next step would be for either dissolve the assembly or call for vote of no-confidence against the MB. To save face, the Sultan would surely call for vote of no-confidence rather than dissolution because it would admit failure on his part. Herein lies the problem. The BN plus its friendly ADUNs outnumber the Pakatan assemblymen. The resignation of the three independent assemblymen was declared null and void by court. So, for all intent and purposes, the vote of no-confidence will kick Nizar out of his position.

Next problem will be the status of the speaker. The manner in which BN’s Ganesan was elected leaves a sour taste in the eyes of the public. The microphone was switched off and this opportunity was taken by Assemblywoman Hee who is the Deputy Speaker to take over precedings. For some, Sivakumar is still speaker, for others its Ganesan.

There is also the issue of suspension of Zambry plus 6 ADUNs by speaker Sivakumar. That was also held as invalid. So, its still leaves BN in the driving seat. Just matter of time before they vote against Nizar.

Only way out if the Sultan asks for dissolution of assembly. Again, I think it will not be so.