Monday, January 27, 2014


10-point solution backed by Putrajaya has no legal basis, says constitutional law expert
(The Malaysian Insider) – The 10-point solution endorsed by Putrajaya in 2011 to allow Christians to use the Alkitab in their religious practices, among others, has no legal basis, a constitutional law expert said.
Abdul Aziz Bari told The Malaysian Insider the 10-point solution had no standing, given the Federal Constitution, the laws passed either by Parliament or state assemblies and judicial pronouncements.
“These are the three laws in the country in the order of hierarchy. Top of it is the Constitution. It is the basic law which forms the benchmark for everything,” he said today. (READ MORE HERE)
So there you have it. Constitutional law expert and PKR man Aziz Bari has spoken. And most would accept what he says not so much because he is a constitutional law expert but because he is a PKR man. If he were an Umno man then he would most likely be told to go screw himself.

Let me try to understand what Aziz Bari said. Prime Minister Najib Tun Razak has no power or authority to decide whether Christians can or cannot use Allah as the name for God in the Malay Bible.
Aziz explained that the 10-point solution was flawed from the start and it was a mistake for the Sarawak folk to believe in it. “What Najib said in a way is quite true because 10-point solution is not law. At the most, it is just a government policy or worse, an election gimmick or political ploy.”
Aziz argued that the Sarawak people have forgotten that the Constitution was the supreme law and the only thing that mattered when it came to protecting their rights.
Now, this brings us to the question of the opposition plus the Christians who are whacking Najib for ‘not doing anything’ about the Allah word crisis and for ‘breaching his promise’ regarding the 10-point solution. In the first place, according to Aziz, the 10-point solution is null and void because we cannot override the Federal Constitution of Malaysia.
In short, it is a worthless promise that has no legal standing and, at best, is a mere aspiration or hasrat(or an election gimmick/political ploy, said Aziz). And you can aspire for anything under the sun but if it is not legal then it is not legal. It does not have a leg to stand on. At the end of the day, it is the Constitution that matters, argued Aziz.
That, basically, is what constitutional law expert and PKR man Aziz Bari said. And this is the same man who said that His Majesty the Agong is not legally or constitutionally the head of religion, which everyone was very happy to hear.
Yes, an aspiration is an aspiration. It is what you hope to get or hope to see. That does not mean you will meet your aspiration and attain what you hope to get or hope to see.
I mean, I may aspire to be the richest man in the world but this does not mean that is going to happen. But there is no harm in aspiring. I also aspire to have at least ten grandchildren before I leave this world (I currently have five). That is a good aspiration and there is no harm in aspiring for such things. It may happen or it may not but that should not stop us from aspiring.
Just like Najib, the opposition, too, made promises and presented its election manifesto before the last general election. This is the aspiration of the opposition — to do this, that and the other if they are somehow able to.
The opposition also made election promises and presented its election manifesto just before the 2008 general election. It even accepted and endorsed The People’s Declaration or Deklarasi Rakyat. But this is only an aspiration and it does not mean, in the end, they will do what they promised.
And this was my bone of contention, which I raised with Anwar Ibrahim when he visited London in 2010. And because I whacked him in London for not honouring his promises, Anwar went to Australia soon after that and whacked me back.
Then, a few months later, in 2011 (just before the Sarawak state election), I criticised him in my TV3 interview. Then, without responding to what I had said, Anwar alleged I had been bought and we became fierce enemies after that.
So can you see how an aspiration and breach of election promises can make enemies out of two friends such as Anwar and I? It happens, and it happens all the time.
And now we have Najib’s 2011 aspiration or promise that Aziz Bari says is not legal and is absolutely worthless. Yet they want Najib to deliver his worthless and illegal 2011 promise even though it is worthless and illegal.
Confusing mah!

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