Monday, February 9, 2009

Moral Justification Lacking


He may be emplaced legally yet he lacks moral justification to be there


My former professor of law, Prof Dr. Aziz Bari in an online daily seemed to give credence to my earlier observation that the Sultan of Perak cannot or rather should not rushed to appoint Dr. Zambry A. Kadir, my super duper muper senior back in 1987.

According to Dr. Aziz, the Ruler should look into prevailing circumstances before assenting to Dr. Zambry's appointment since the present state government intends and indeed has brought the case to the court. Generally, therefore everything should stay as it is before the Ruler's rushed appointment of Dr. Zambry. Presently, there seems to a redundancy when two parties claiming to be the Chief Executive. Since it is now a court case and in order for the government to continue to avoid any vacuum hence the status quo should remain in force.

If the new MB holds on to the principles that he claims to uphold and practise which I believe and hope he is a man of his words therefore the only honourable thing to do is to let Ir. Hj. Nizar to continue at least as an interim government before the case involving both parties is decided by the court. Dr. Zambry should remember that PR has won the election back in March and morally he should excuse himself up until the case is finally decided by the court. Being a devout Muslim he should know when to insist and when to step aside.

Although, legally he might be the MB but this should not become his only guidance. Morality and ethics too should be in his consideration. The fact that the Rakyat have voted for the PR instead of BN should be a clear indication of his position today. Ir. Hj. Nizar has never conceded the government to BN but instead he has advised the Ruler to dissolve the State Assembly to return the decision as to who really deserved to be at the helm. Indeed the case is different when there is no contention as per the DPM's insistence of taking over the state government.

I would like to reiterate that the application of laws should not be done literally since there are rights of others to be considered. Literally interpreting the laws will only caused dissension and chaos within the society as truly have happened on the eve of Dr. Zambry's swearing-in ceremony. Suddenly, the Ruler has caused himself to be dragged into the mess and most damaging of all is that the Constitutional Monarchy has been heavily criticised by those who traditionally have high regards and respect towards the institution.

If they are thinking that the commoners will not dare to harm them based on previous accounts such as what happened in 1948 when the Rakyat came to the rescue of their fumbling Rulers. That time the Rakyat were willing to accept their reason of signing the Malayan Union Treaty as due to duress and threat but what happens in Perak is totally different where there is no apparent threat or even undue influence (which we know of) by the DPM. Though it may be in his power to accept or decline Ir. Hj. Nizar recommendation but again the Ruler who until February 5 enjoys enviable respect for his wisdom and fairness being the nation 5th Lord President, should think about the repercussion and effects of his decision for the well being of HRH subjects.

Blindly following flawed man-made is like walking on uneven plank waiting for the imminent and humiliating fall

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