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Malaysia Today - Your Source of Independent News


Enough Excuses, Prasarana!

Posted: 15 Aug 2011 04:11 PM PDT

 

By Tony Pua

Syarikat Prasarana Negara Bhd project development director Zulkifli Mohd Yusoff said last week that the land and buildings above the tunnel in Chinatown had to be acquired because "Section 44 of the National Land Code 1965 states that property owners not only have the right to the plot itself but also the air above and ground below."

At the meeting with the affected property owners on Thursday last week, Zulkifli said that SPNB had spent "three to four months" in talks with the Attorney-General's Chambers to see if it was possible to tunnel underneath existing properties without having to acquire them but was told it could not be done.

"We had months of discussion with the Attorney-General's Chambers on how we can have the tunnel underneath and the buildings remain... but under the current law, there is no such provision," he said.

The above "excuse" for the compulsory acquisition of land above the tunnel is complete and utter nonsense. Either Prasarana is trying to get away by telling tall tales, or the Attorney-General's Chambers does not know what laws have been passed in this country.

The National Land Code 1965 had been specifically amended in 1990 to allow for the acquisition of underground land without affecting surface property by inserting Part Five (A) (section 92A to 92G) under Clause 3. The amendment enables the disposal of "underground land", which can then either be alienated or leased or can be subject to the right of use.

In fact, when the Amendments were debated and passed in parliament on the 15 December 1989, the then Deputy Land Development Minister, Haji Mohd Khalid bin Mohd Yunus had presented the bill and clarified that this was to enable the construction of underground car parks, underground railways and underground pipes and other conduits.

…Terdapat juga keadaan di mana kawasan-kawasan yang terhad yang berada di kawasan strategik, perlu dikekalkan sebagai kawasan lapang, padang permainan dan lain-lain kegunaan awam. Dalam keadaan sekarang tanah yang berada di bawah paras bumi tidak dapat dilupuskan secara berasingan. Dengan kemampuan teknologi yang ada pada masa ini, tanah di bawah permukaan bumi mungkin boleh dimajukan bagi kegunaan yang tertentu, seperti tempat letak kereta, keretapi bawah tanah dan lain-lain.

…Pindaan kepada Kanun Tanah Negara pada kali ini timbulnya dari… Keperluan mengadakan peruntukan bagi membolehkan pelupusan tanah di bawah paras bumi bagi kegunaan yang berlainan daripada kegunaan tanah di permukaan bumi dan Kajian semula Akta Hakmilik Strata 1985… (Hansard 15 December 1989 pp 11320-11321)

Clearly then Prasarana is attempting to hijack the above pieces of land which affects the heritage shop lots in Kuala Lumpur's Chinatown for the purposes of profit and not for the purposes of MRT construction works 100 feet underground. Such action for profit is clearly the use and abuse of the Land Acquisition Act 1960 in bad faith.

Given that it is possible for Prasarana to acquire the use of land underground without having to acquire property on the surface, it must now immediately withdraw its order to the affected landowners without causing any further inconvenience to them.

 

HINDRAF suit against BRITAIN government spearheaded by a righteous MUSLIM

Posted: 15 Aug 2011 01:31 PM PDT

Mr Imran Khan is a true Muslim as during this Ramadan month, besides fasting, he made an effort to bring justice for the hunger suffered by the poor, needy, marginalized and discriminated Malaysian Indians. 

By Muhyiddin Yasin

 

I find it amusing that a Pakistani born Muslim British citizen is able, ready and willing to head the suit against the British government for the misplaced and systematically discriminated Malaysian Indians.

What is even more interesting is the so-called Muslim nation in Malaysia would refuse and bar entry to this Muslim brother who has been fasting during the Ramadan month.

Mr Imran Khan practiced one of the five tenets of Islam, the third pillar of fasting during Ramadan, considered to be a way of experiencing what hunger is all about, sympathizing with the poor and the needy, and thanking god for everything one has received in life.

Seriously, Mr Imran Khan is a true Muslim as during this Ramadan month, besides fasting, he made an effort to bring justice for the hunger suffered by the poor, needy, marginalized and discriminated Malaysian Indians. To provide them with an alternative, via the British courts, as the name sake politicians of so-called Malaysia, do not give two hoots to what happens to their fellow minorities.    

As a Malaysian Muslim, I am filled with pride and joy that this British Muslim subject is more concerned for the poor and discriminated Malaysian Indians and has embarked on his journey for what is righteous for humanity, inherent during the Ramadan month.

It is shameful that most Muslim Malaysians don't understand the core teaching of our religion, as during Ramadan, we Muslims re-evaluate our lives under the principles of Islam. They are expected to make peace with their dear ones irrespective of their race, religion or creed even though the latter may have wronged them. Muslims are expected to purify their minds during the month of Ramadan. Not only should they purify their thoughts, but also their words and actions.

It is sickening and sad that UMNO play the Muslims at the same game that was preached during the Dr M era, only to serve their own needs as opposed to the needs of the community, as in this case, the Malaysian Indians who have given, provided and accommodated everything for the betterment of Malaysia.

As much as I am a Muslim, my Islamic religion teaches me to do good, and if good is what I can do, it does not matter what race, religion, or creed I impact, as long I can do right for the poor, marginalized and discriminated on my own accord.   

Trust me, you will never find such moderated Muslims in the world as you would find in Malaysia, as we are Malaysians. The Muslims in Malaysia are the best people in the world because we are more humane and practical having dealt with our multicultural brethren. Therefore, it does not make sense for us in allowing religious agendas to run its course for the benefit of our politicians.  

It is high time that we Malaysian Muslims listen to the grievances of the non-Muslims, who continue to be sidelined in their socio-development aspects rather than yielding to politicians who see no endgame unless their own needs are satisfied, even at the expense of religion.    

 

DAP is NOT Joining BN

Posted: 14 Aug 2011 04:11 PM PDT

 

By Lim Kit Siang

The media has been abuzz following the Sin Chew Daily interview with Minister in the Prime Minister's Department, Nazri Aziz and his notion that DAP should join the Barisan Nasional.

The question of DAP joining the Barisan Nasional to replace MCA does not arise at all.

DAP is not a Chinese party fighting for Chinese rights but a Malaysian party fighting for the rights of all Malaysians whether Chinese, Malays, Indians, Ibans, Kadazans or Orang Asli as common Malaysian citizens who are entitled to an equal place under the Malaysian sun.

DAP leaders have toiled and sacrificed for their political beliefs in the past 45 years, persecuted and prosecuted in court, detained under the Internal Security Act for as long as four year and nine months, jailed and disqualified as MP and barred from elective office for five years for standing firm and steadfast on a matter of principle to fight for the rights of all Malaysians transcending race and religion – all these sacrifices not just for the DAP to replace MCA in the Barisan Nasional.

Right from the beginning, the vision and commitment of DAP leaders is for a Malaysia where all Malaysians, regardless of race or religion, can unite in a common Malaysian patriotic endeavor to form an efficient, clean and transparent government to build a just, democratic, progressive, prosperous and competitive Malaysia.

DAP must always act not just for the Chinese but for all communities in Malaysia.

Only a new politics and a new national compact, breaking completely away from the politics of "divide and rule" along ethnic lines, subordination of public interests to private greed resulting in destruction of independent national institutions, rampant corruption and cronyism where privatization has become piratisation and NEP an instrument to foster Umnoputras in the name of bumiputras, can save Malaysia.

DAP is fully committed together with PAS and PKR to ensuring Pakatan Rakyat success in 13th general elections to restore the constitutional rights assured to all Malaysians regardless race and religion and bring about fundamental changes so that a new start could be made to fully develop Malaysia's potentials particularly our human resources and talents to be a united, successful and great Malaysian nation.

 

SC: Reprimand Them!

Posted: 14 Aug 2011 12:52 PM PDT

 

By Tony Pua

Despite the nationwide furore over the directive given by Minister in Prime Minister's Department, Nazri Aziz to all Government Linked Companies (GLCs) to withdraw from civil suits against Tajuddin Ramli, none of the GLCs which are listed on Bursa Malaysia have made any public announcement over the matter.

According to The Malaysian Insider, the directive from the Nazri, who claimed to have the mandate of the Government said that:

This is to inform you that the government of Malaysia and the Finance Ministry has agreed to settle all civil claims against Tajuddin Ramli and others to be withdrawn immediately in view of the fact that the government and the Finance Ministry have agreed that the said cases will be settled out of court… For your information the government has given me the mandate to act for the government in this matter.

Nazri's letter also directed the lawyers acting for the GLCs and Danaharta to hand over their cases to the firm of Hasfarizam Wan and Aisha Mubarak, a well-known UMNO lawyer.

Such a directive from the Minister dated 8th August to public-listed entities should have been immediately disclosed on Bursa Malaysia as the litigations involved billions of ringgit in claims and counter-claims which are surely "material" to finances of these companies.

The Board of Directors of these companies must also immediately state their immediate position vis-à-vis the letter from Nazri to allow investors, particularly the minority shareholders to weigh their investment options.

The listed companies involved include Telekom Malaysia Bhd, Axiata Group Bhd, CIMB Bank Bhd, Atlan Holdings Bhd and Malaysia Airlines Bhd (MAS). None of these companies have issued any announcements pertaining to the matter as at the time this statement is issued, nearly a week after the government directive was given.

The failure to disclose material developments on a timely basis may subject the company and/or its director and officers to penalties under the Listing Requirements and the Securities Industry Act, including a fine not exceeding RM1 million, a suspension of trading of the company's securities; and/or the delisting of its securities.

The Securities Commission (SC) must act without fear or favour and reprimand these listed companies for failing to make the necessary disclosures to protect the public and shareholder's rights. SC must also require these companies to publish the Government's directive in full to ensure that investors are not confused by "hearsay" over the exact content of the letter.

The blatant interference by the Government will also rock investors' confidence in our stock markets as it becomes questionable if the Board of Directors will act in the best interest of these companies, or will be nudged to comply with arbitrary government decrees.

SC which has worked hard over the years to improve Malaysia's reputation for poor corporate governance since the Asian financial crisis especially over the then RM3.2 billion bail out of Halim Saad, must not allow this incident to reverse the progress it has achieved.

 

Stop lying!

Posted: 13 Aug 2011 10:43 AM PDT

By Tan Sri Robert Phang

1. The public outrage over Nazri Aziz's letter dated 8th August is justified. It is unprecedented and wrong for the Minister in the Prime Minister's Office to direct all Government-Linked Companies (GLCs) to withdraw their civil suits against former MAS Chairman, Tajuddin Ramli. I find it very appalling that a Minister of Nazri's seniority and status can direct GLCs to withdraw their claims against Tajuddin Ramli which means allowing him to get away with billions of ringgit in debt or RAKYAT MONEY.

2. Nazri's immediate back pedaling by attempting to say that his letter was only an "advice" and not a"directive" or "instruction" by itself shows that Nazri knew that he had made a grave error. Now that Malaysia Today has posted Nazri's letter, it clearly shows that Nazri had lied. To make a mistake is one thing, but to lie in order to cover up for that mistake makes it worse.

3. Another aspect I find deplorable is the lethargy and disinterest shown by Attorney-General Gani Patail and the MACC in prosecuting Tajudin Ramli. This contrasted sharply with the swift manner in which the MACC investigated me after I criticized AG Gani Patail for his involvement and Haj Trip with a crony of Tajudin, one Shahidan Shafie. Based on just a false allegation in an anonymous blog, I was subjected to an immediate investigation by the MACC.

4. I was also publicly humiliated when I was only conditionally cleared in a press statement issued on 31st May 2011 by the MACC Operations Evaluation Panel (OEP) Chairman, Dr. Hadenan Abdul Jalil. I have since demanded the MACC to give me an unconditional and unequivocal clearance. I have yet to receive the MACC's reply.

5. If the MACC can be so speedy to act against me, why is the MACC showing hesitation to act against Tajudin Ramli? There are overwhelming evidence against him available in the public including the report made by the former Director of Commercial Crimes, Ramli Yusuff, to former PM Abdullah Badawi? All these smack of a cover-up.

6. Nazri's action is also an abuse of power in asking for GLC legal work to be passed to a legal firm. Who are the lawyers of this legal firm that they should be given preference over other more eminent lawyers in the country? Are they Nazri's associates and is he receiving gratification for this? If so, the MACC should investigate and prosecute Nazri under section 2(1) of the Emergency (Essential Powers) Ordinance No. 22/1970. Nazri should also be prosecuted under the MACC Act as follows:

MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 Offence of using office or position for gratification

23. (1) Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence. (2) For the purposes of subsection (1), an officer of a public body shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.

(3) For the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a State shall be deemed to use his office or position for gratification when he acts contrary to subsection 2(8) of the Eighth Schedule to the Federal Constitution or the equivalent provision in the Constitution or Laws of the Constitution of that State.

7. I therefore call on the MACC to show some courage and investigate this matter. Otherwise, the MACC will forever not regain the public's trust after Teoh Beng Hock and Ahmad Sarbaini had died over what the public perceived to be due to the harsh treatment by the MACC over much less serious allegations of corruption. Let its not be said that the laws of this country favor the strong over the weak.

8. Since this is the Muslim holy month of Ramadan, I ask Nazri Aziz, who is always known to be courageous in a "jantan" way, to apologise to the Malaysian public for insulting our intelligence in this incident. Nazri needs to do so before he drags the whole administration of PM Najib Razak into public anger and odium. The government can least afford these sort of scandals with the elections being just around the corner.

 

Kredit: www.malaysia-today.net

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