PH did not agree with Anwar that Mahathir and family be driven into exile

https://www.malaymail.com/news/malaysia/2020/02/22/dr-m-pakatan-gave-full-confidence-in-me-transition-date-up-to-me/1839756

Mahathir kekal sebagai PM hingga ikut suka hati dia

Mahathir can now die as Prime Minister.

Anwar Ibrahim will probably take over if he doesn’t die before Mahathir.

PH did not agree with Anwar that Mahathir be chased out and driven into exile with his family.

PH works on consensus i.e. no one must oppose a motion for it to be carried out.

PAS can chew on its balls. Hadi should put his face in the toilet bowl.

Extremists want Mahathir to reshuffle the Cabinet, bring in PAS, Umno and GPS, leave out DAP, Anwar’s supporters, Indians, Chinese and Hindraf Makkal Sakthi.

Agong will decline to swear in Ministers who are not from PH. He will not sack Ministers dropped by Mahathir.

Mahathir can’t drop PH Cabinet members and appoint those from the Opposition. Agong decides.

Read further here . . .

PH Presidential Council should appoint a new PH chairman by consensus i.e. no one should oppose.

Mahathir should excuse himself since he’s the incumbent chairman.

The PH Chairman should succeed Mahathir as Prime Minister. The new PH Chairman, accompanied by the PH Presidential Council, should see the Agong. The new PM can be sworn in immediately.

Mahathir and family should go into exile.

If Anwar Ibrahim becomes PM, the media will go to town on sodomy. His family will be hurt even more.

It’s disgraceful, and dishonest, that Mahathir meets with Umno and PAS leaders pledging support for him to remain as PM.

Any Motion must meet three criteria: specific; of public concern and public interest; and urgent. If even one of the criteria is not met, the Motion will be thrown out.

The proposed PAS Motion does not meet two of the criteria.

UPDATED . . .

The Prime Minister must command the confidence of the majority in Parliament. That’s what the Constitution states.

The Agong follows the Constitution.

Parliament can even choose Waytha Moorthy as Prime Minister. Unfortunately, he’s not an MP.

Parliament can even choose an Opposition MP as Prime Minister. Then, he or she would have to work with a Cabinet composed of gov’t MPs and maybe two or three Cabinet posts for Opposition MPs.

Anwar Ibrahim is trying to hijack the Prime Minister’s post by unconstitutional means. DAP should take note.

The people care two effs how long he has been waiting to be PM.

Power is never given, as Anwar might have discovered by now. It has to be seized. That shows that Anwar Ibrahim doesn’t know what politics is all about. He likes to surround himself with Yes Men and dunggu.

Having said that, conventions are about the working of the Constitution.

Mahathir’s party won only 13 seats but he was appointed PH Chairman and thereby became Prime Minister.

Likewise, Anwar cannot become Prime Minister unless he becomes PH Chairman.

PH works on consensus i.e. no one must oppose.

Conventions are not law. No court will hear applications on conventions. The court is only about law.

The Constitution is not law, but as the ultimate political document, it has force of law and thereby is the supreme law of the land.

Parliament has no provision for confidence motions. There’s certainly no such thing as a motion of confidence.

Every Bill in Parliament can in fact turn out to be a motion of no confidence.

In fact, the gov’t has to resign if defeated on any Bill. But it seems no longer so after the Amendment to Article 1(2) didn’t make it and Theresa May’s three defeats on BrExit. We have changed like Westminister.

Opposition motions will be tucked at the bottom and will never see the light of day. Gov’t business comes first. That’s why the hudud Bill never made it.

A motion of no confidence against Modi in the previous Parliament never made it. The Speaker adjourned Parliament after gov’t business was concluded.

Umno would want all cases against its leaders to be dropped in return for supporting Mahathir against PH.

Likewise, Hadi would not want to be dragged to court for the 90m and abuse of the RM400m.

Latheefa Koya, still admiring herself in uniform, has yet to go after PBB leaders. Mahathir needs their support against PH.

Likewise, no action was taken against Azmin Ali and Anwar Ibrahim in line with rule of law a la Mahathir.

Action was taken against DAP leaders for ostensibly trying to revive the defunct LTTE of Sri Lanka.

DAP has kicked Pitchay Khan to Johor after earlier forcing Maszlee to resign and crawl under a coconut shell.

Read here . . .

https://fernzthegreat.wordpress.com/2020/02/06/bersatu-should-ask-mahathir-to-leave-ph-form-his-own-coalition/

Mahathir can’t take the premiership with him, that position depends on PH, Agong has to follow the Constitution.

Read further here . . .

The Star Online: Lawyer slams AG for dropping LTTE charges.
https://www.thestar.com.my/news/nation/2020/02/22/lawyer-slams-ag-for-dropping-ltte-charges

This convert, a Mahathir balls carrier, provides further proof that there are not only no jurists and constitutional lawyers in Malaya and Borneo, very few understand rule of law, the basis of the Constitution.

Given their weakness in jurisprudence, besides ignorance on constitutional law, they mistake the letter of the law for law.

Letter of the law alone is not law. It’s dictatorship based on rule by law.

That’s what happens in countries like China which, as a result, claims the South China Sea almost in its entirety.

China, like Islamic countries, also does not recognise international law and human rights.

Human rights is the basis of international law. International law is based on international customary practices.

It was not so long ago that then outgoing Chief Judge, Richard Malanjum, reminded lawyers and the judiciary that letter of the law alone is not law.

He disclosed that he had often come across lawyers insisting, “this is the law . . . here, here, read for yourself”.

In rule of law, reminded the Chief Judge, the letter of the law must not only be read together with the spirit of the law, the emphasis on the latter is greater.

This is where the court comes in.

The legislature passes law but only the court can declare it.

The court interprets the intention of Parliament, the intention of the framers of the Constitution, and the intention of the Founding Fathers, for example, on the Malaysia Agreement 1963 (MA63).

No court in the world will interpret intention by confining itself to the written word and deciding it should be taken at face value, in its simplicity, in the ordinary dictionary meaning.

The work of lawyers is to look for law and point it out.

The work of the court is to find the law.

Law exists, and has always existed, based on common sense, universal values and the principles of natural justice.

Common sense tells us the LTTE 12 are neither Tamil Tigers nor terrorists.

According to jurisprudence, God is not a source in law.

Law must have source to have jurisdiction, authority and power.

What is the source of the law on the LTTE in Malaysia? A defunct organisation, not listed anywhere in the world as a terrorist organisation, cannot be the source.

The defunct LTTE stands inherently delisted in Malaysia although it’s still in the books as a terrorist organisation.

The court is about the law.

The defunct LTTE as a terrorist organisation is not law.

The court is also not about ethics, moral values, theology, sin, God, justice or the truth.

Only God knows the truth. Many people go to court and swear to tell the truth, the whole truth, and nothing but the truth, but proceed to lie through the teeth.

The fact that the defunct LTTE is listed in Malaysia as a terrorist organisation is the truth. But it is not law given the overwhelming evidence against it.

We go to court to get justice, or are dragged to justice i.e the court, but it is the law that decides.

Law ultimately is the power of language. It’s not enough to have paper qualifications in law. A lawyer must have mastered language, especially the English language. This is where many lawyers fall apart.

The Federal Constitution is clear on the power of the Attorney General. The AG does not have to give any reasons for decisions.

Still, the AG issued a 11 page statement on his decision to withdraw the charges against the LTTE 12.

Since the AG has decided to withdraw the charges, the court has no choice but free the LTTE 12 when they are brought before it.

The court does not have the power, under the Federal Constitution, to prosecute.

Only the AG has the power to prosecute.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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