Tuesday, March 10, 2009

ultra-vires

Well, we learnt in Ethics, that there is nothing wrong with Money, Sex and Power. The problem is how we exploit and abuse it as a human being; and especially as Christians, forgetting who is our ultimate authority.

Just about nine years ago, I hear of the term 'ultra vires'. Ultra vires means 'beyond one's authority'.

Then it involves a church. Then the church has RM9m in a safe-deposit account and boast of 2,000 members. Then I was quoted I Corinthians 6:6 that all authority was put in place by God. Then I was very angry and decided to go and learn the Scripture for myself.

So now the church's coffer is empty, with updated 900 members and a proposed New Youth center abandoned for want of support. Worship trend and world economy is not any excuse as I have witnessed generous support in another!

Then our country had an autocratic PM. Then the people didn't mind as we enjoyed wealth, exporting oil. We have a national car, bought Ferrari and have our own satellite. Then it works to perpectuate the colonial policy of divide and rule, always raising the 'race card'.

So now our country will have a new PM by 16th March. We no longer have the wealth with oil at US30++ a barrel. We sold Ferrari for a song. We owe foreign banks for the development we have enjoyed. The race card doesn't work any more. People are more 'educated' and IT savy. They no longer accept our ruling political party's blatant action. They have become braver and take to the streets!

So now, that I am a half-full vessel, I wait patiently on the outcome, for I know not His ways. I am waiting in the wings for His call. The next decade will be interesting for all!

So I copied this analysis to remind me about ultra-vires...

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This article is copied from malaysiakini; Mar 9, 09 11:27am
Title: the arrogrance of a novice judge by NH Chan
NH CHAN, is a former Court of Appeal judge, retired and lives in Ipoh.
This is an abridged version of the original article.

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Courts can’t question validity of assembly decisions:-
According to newspaper reports, the case is an application by (BN-appointed menteri besar) Zambry Abd Kadir to the court to declare the decision of speaker Sivakumar in the legislative assembly to suspend him and his six exco members as unconstitutional and unlawful.
The question is, can the courts decide on the validity of the proceedings in the Legislative Assembly?
The answer is staring at us right here in the Federal Constitution. Article 72, Clauses (1) to (3) states:
(1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
(2) No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of any State or of any committee thereof.
(3) No person shall be liable to any proceedings in any court in respect of anything published by or under the authority of the Legislative Assembly of any state.”

So now you know from the Federal Constitution itself that the validity of the suspension of Zambry and his six Exco members by the speaker in the State Assembly cannot be questioned in any court.

From what we have read from the newspapers, it seems that there is an injunction against the speaker. You may wonder how an injunction can be obtained against the speaker when our written constitution says that “no person shall be liable to any proceedings in any court in respect of anything said or any vote given by him when taking part in proceedings of the Legislative Assembly of the State.
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