Sunday, February 01, 2009

Legality of undated resignation letters by MPs/ADUNs?

Latest from Malaysiakini - Perak speaker: Duo have resigned.

Malaysiakini reported: Perak state assembly speaker V Sivakumar said that he had received letters of resignation from both Behrang assemblyperson Jamaluddin Mat Radzi and Changkat Jering assemblyperson Osman Jailu.

He said that he received their faxed letters at about 5.45pm at his house.

"They have stepped down as state assemblypersons with immediate effect," he said in a statement today.

With that, Sivakumar declared both the Behrang and Chankat Jering state seats vacant, necessitating two by-elections soon.

But a sweetie told me wisely that the faxed letters were probably 'undated resignation letters' which the party leaders of the Pakatan Rakyat had collected as a sort of (false) assurance …

… 'false assurance' because (I was sweetly informed again) there’s legal precedence that the courts in a Sabah case had rejected the legality of such undated resignation letters by MPs and ADUNs.

No doubt the two (still current or ex???) PKR ADUNs will challenge those resignation letters in court …

… because they are bloody worthless without their ADUN seats wakakakakaka, ...

... and if unsuccessful in their legal denial of their ‘resignations’, will be dropped like used tissue papers by UMNO wakakakakakakakakakakaaa

Errr, what about that DAP sweetie who has gone MIA – did she sign one too? wakakakakakakakakaakaaaaa

Truly deformasi at its sickest!


  1. When a Member of Parliament or Member of the State Assembly jumps party his seat should be declared vacant and fresh elections should be held. I hope that leaders will give some thought to this.Ramlax

  2. It is very obvious the two state representatives did not fax the resignation letters today. They were letters signed earlier and undated.

    Actually this is turning out to be a proxy war between Najib and Anwar.

    Anyway these two goons don't deserve any sympathy.

  3. Yeah, by-elections should be held to trash out the people's voice.

  4. Switch over to BN and get RM 10 million, plus RM10,000 per month as director in a government GLC (like Chew MF got from Pempena). Only angels can refuse such offers. Joseph Pairn should feel ashamed for being in BN despite the treatment he got from it in 1994.

  5. the MB want to lodge report of the 2 missing PKR fler, and yet this deputy say received the fax of resignation letter at 5.45pm

    What the ferk crying of missing??

    Did these 2 "missing fler" fax in? Really, can ask telekom print out the fax transmisssion record!!!!

    F**k, cook story, please cook intelligently lah.

    Patut lah, kepimpiman melalui teladan,!!!! In Angwar memang tokoh Mollywood wayang kulit

  6. Well, Anwar...I hate to say this, but you brought it on yourself. It was best not to start down the frog road.
    Anyway, we are where we are, and I agree that, right now, by-elections are the best way to sort out the issue.

    There's a large body legal position regarding undated pre-signed letters of resignation or other kinds of action commitment. I'm familiar with the issues...hehehe...the last position I held before retiring was on a corporation's Board of Directors, and they made me sign one of those things to save them the embarassment of having to fire me in case certain umm..situations occured and I refused to quit. I actually sought a legal opinion on it...but I retired under honourably...hehehehe...

    The answer on the legal viability of such letters is it depends. If the person has clearly gone on record stating the contrary beforehand either via a public statement or a Statutory Declaration (wakakaka..)such letters may not be enforceable. I.e. if the person already stated clearly he's not intending to resign, that letter may not be used subsequently to force him out. That's actually what happened in the Sabah State legislature case, because the frog had already jumped.

    If the person repudiates it only latter, the letter may stand up to legal challenge. It amounts to trying to negate it only after the fact.

    So unless the two ADUNs repudiate this "resignation" publicly , quickly like , in the next few hours, the undated resignation letter may likely stand up in court.

  7. Has anyone noticed that people who come into contact with Naj have a habit of "disappearing?".

    Mongol Alt, Bala, now Jam and Os.

    Jam and Os quickly reappeared because, as Observer above pointed out, if they didn't quickly come out to deny the "resignations" they are as good as finito...

    The dude isn't even the PM yet, I shudder at the prospect...

  8. I agree with this blog's opinion on by-elections for katak on a moral basis, due to the corrupt nature of a large portion of Malaysian politics.
    On a legal standpoint, Malaysian case (Sabah cases and another one in Kelantan) and statute law (a YB cannot stand for elections within the 5 years following his resignation), are against it.
    I was looking for such anti-hopping laws in other constitutional systems and failed to find even one. Perhaps, someone would know of one from which we could see how to start talking about a potential Malaysian law?

  9. After the PKR implosion, the next group to watch will be DAP Perak.
    It comprises 3 main groups which barely get along with each other.

    The dominant core group, which some would call domineering, is headed by DAP State Chief and DeFacto Deputy MB, Ngeh Koo Ham and holds most of the power in the State government.
    Next, the Fong Po Kuan group, which Hee Yit Fong is thought to belong to, hates their guts. Remember, Po Kuan initially declined to defend her Parliament seat in GE12.
    Last of all is the Kulasegaran "Hindraf" wing, which has a strong base around Ipoh.

    Things get very flaky from now on...maybe Najib will take this opportunity to declare a State of Emergecy in Perak and impose direct Federal rule.

  10. Najib may take this golden opportunity to declare a State of Emergecy in the entire country, like what Indra Ghandi did in 1975.

  11. An Ode Overheard in the PR Pond
    Three frogs in a tin can
    Croaking in unison
    Cracked the pact
    Sending them panicking
    Wanna take a bet
    They are waiting in fact
    To leapfrog rather than be sacked!
    See 'No silver lining in Tin State for PKR'

  12. Reform and become deformed
    Defect and become defective

    At the rate we are going no serious work is ever going to get done. Cry, Malaysia

  13. Yah...
    Anwar the liar proudly said the numbers of BN Mps waiting to hope to PR is increasing by hours....and now whn his ADUNs members "rumours" said is going to jump party....than we can see Anwar Jump!Jump n Jump higher than any other plp......

    Hah....hah....ANwar the u can said "Inmoral to jump party" "wrong things to do" slap to your face lar......ur the one since 8th March 2008 so excited about this idea...May be Pak Hadi and Apek Kit Siang can remind Anwar that he the one started all tis Drama....Urgh....increasing by hours numbers of MPs to joint the PR.....


  14. If anwar is the father of all liars, then bijan is the grandaddy of all c4 demolitions

  15. @Fun and Games
    "After the PKR implosion, the next group to watch will be DAP Perak."

    I guess you are a bit too far ahead of your time...

  16. those the PKR gang is a very good liar..
    they keep tipu tipu n tipu...
    they say sana ada rasuah la situ ada rasuah la apa la...
    apa dia suda buat sama negeri yang dia suda pegang?
    ada maju ka?
    siap angkat kereta baru lagi maa...