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Malaysia Today - Your Source of Independent News

Posted: 08 Sep 2011 06:33 PM PDT

By Lim Chee Wee, President, Malaysian Bar

The storm in the teacup over the Prime Minister having tea with judges of the Malaysian Judiciary at their recently-concluded Judges Conference risks diverting attention away from more fundamental issues regarding the administration of justice in Malaysia.

From any perspective, the head of the executive branch of government cannot be the head of the judicial branch in a properly functioning democracy. It is an error to say that the Prime Minister is the head of the Judiciary for administrative purposes. The doctrine of separation of powers between the three branches of government, namely, the Judiciary, Legislature and Executive, is essential to, and inherent in, a modern democracy that professes and abides by the rule of law.

However, the Federal Court decided by a majority in PP v Kok Wah Kuan [2008] 1 MLJ 1 that, "The doctrine is not a provision of the Malaysian Constitution even though it influenced the framers of the Malaysian Constitution." The judgment, written by then-President of the Court of Appeal Abdul Hamid Mohamad, goes on to say, "The extent of the powers of the courts depends on what is provided in the Constitution. In the case of the two High Courts, the Constitution provides that they 'shall have such jurisdiction and powers as may be conferred by or under federal law.' Therefore, reference must be made to the federal law to know the jurisdiction and powers of the High Courts."

Contrast this with the dissenting judgment of Richard Malanjum, Chief Judge of Sabah and Sarawak, who said, "Accepting the proposition that with the amendment to art 121(1) of the Federal Constitution the courts in Malaysia can only function in accordance with what has been assigned to them by federal laws, would be contrary to the democratic system of government wherein the courts form the third branch of the government and function to ensure that there is 'check and balance' in the system including the crucial duty to dispense justice according to law." His Lordship went on to say, "The amendment to art 121(1) should by no means be read to mean that the doctrines of separation of powers and independence of the Judiciary are now no more the basic features of the Federal Constitution. The amendment did not cause the courts to become servile agents of a Federal Act of Parliament and to only perform mechanically any command or bidding of a federal law."

International bodies, such as the United Nations Human Rights Council's Working Group on Arbitrary Detention, have questioned the independence of the judiciary in Malaysia in a situation where there is no clearly accepted principle of separation of powers. They have expressed concern at the current state of affairs.

It is therefore encouraging to read the report in The New Straits Times of 8 Sept 2011 quoting the Prime Minister, Najib Razak, as saying in his speech during his visit to the Palace of Justice that, "My administration is committed to an independent judiciary, which is an essential ingredient in nation building . . . The relationship must not only be proper, it must be seen to be proper." The report further stated that the Chief Justice, Zaki Tun Azmi, had emphasised that "…the judiciary was [sic] an important organ in the separation of powers and each branch – executive, judiciary and legislature – must ensure that respect and non-interference existed".

It is important to differentiate between judicial reforms that make the administrative processes efficient on the one hand, and reforms to overcome problems, perceived or otherwise, with judicial integrity. Some may hold the view that it is not objectionable per se for the respective heads of the three branches of government to have official meetings or to socialise occasionally. This may very well be true where the respective institutions are strong and independent, and are perceived to be so, thereby enjoying public confidence. Public disquiet over a tea party may be seen as an indication that our institutions do not yet enjoy the fullest confidence.

It is therefore timely and imperative that the recommendations in the report of the Royal Commission of Enquiry on the Video Clip Recording of Images of a Person Purported to be an Advocate and Solicitor Speaking on the Telephone on Matters Regarding the Appointment of Judges dated 9 May 2008 be immediately acted upon, and given effect to, by the government. The report recommended, inter alia, that article 121(1) of the Federal Constitution be re-amended to its original form "so that the Judiciary is free once again to live up to the highest expectations of society for all time. There will be no room for concern on the judicial power issue." It quotes Professor Emeritus Dr Shad Saleem Faruqi as saying, "The amendment to article 121(1) has created the wrong perception that the Malaysian Executive wishes to silence the Judiciary. All Judges feel humiliated. Some have accepted their truncated role as mere agents of Parliament and not as independent pillars of the Federal Constitution. Others insist that their review powers are intact. There is division within the ranks."

It is now incumbent on the Prime Minister and the government to put powder and shot in the former's declared commitment to an independent judiciary, and assertion that the relationship between the various branches of government must not only be proper, but must also be seen to be so. The Malaysian Bar likewise looks to the Judiciary to strengthen its independence, and to work to return the doctrine of separation of powers to its rightful place within the framework of the Federal Constitution and Malaysian law.

How long must the Rakyat continue to subsidise Mahathir (and his many cronies?)

Posted: 07 Sep 2011 07:39 PM PDT

UPDATED WITH VIDEOS

Francis also made a gaffe when he said that it was ok working with the former Prime Minister because all Mahathir did was to take 30%. It was more than a Freudian slip as Francis specifically said "HE taxes 30%" and not that it was taxed by the government.

By Jeffrey Ong

Recently, I was shocked to watch the Bloomberg interview with Francis Yeoh where it was revealed by Haslinda Amin that Francis Yeoh has benefitted so much from "his friend in powerful places" that today "more than 70% of YTL profits come from the power plants".

It is also disgusting to see how much money this crony of Mahathir has siphoned off to Singapore until today. According to Haslinda Amin, Francis now owns more than a third (ie 33.3%) of the power generation capacity in Singapore. So much of the hard earned money of Tenaga Nasional has been used to pay this crony until Tenaga is in the red despite raising tariffs and passing all the charges to all of us, the innocent helpless users of electricity.

So much subsidy is being given to the IPPs by way of the special gas prices, and to top it all, Mahathir has forced TNB to buy back the electricity at fixed prices with a sinful margin of profit to Francis (so Mamak Mahathir uses a greedy Christian to suck the blood of his own people).

As for Francis, how can such a cheat profess to be a Christian when one of the Ten Commandments clearly states "Thou Shall Not Steal" (in this case, mainly from the poor Malays). Perhaps Francis has a eleventh commandment which says it is alright if you steal for The Mamak.

While the old folks and the needy are all suffering in Malaysia, this hypocrite Francis said that he has taught his children the importance of the language of God. The only language these people know is the language of songlap money.

When the present government loses the next election, we should string them up by their short and curlies to show the world what a bunch of mean, heartless, blood suckers Mahathir and Yeoh have been. We would love to see them doing The Jailhouse Rock with their billions hanging from their b*lls.

Now that I have seen the pictures of Yeoh's children on Bloomberg, I will know in which direction I will spit at, the next time I bump into them in their Lot 10, Marriot, Ritz Carlton, Vistana and all these ill gotten properties from the IPP rip-off, planned by Mahathir the hypocritical Muslim, carried out by crony Francis whose self-proclaimed commandment "I shall steal and use God's name in vain."

Vote these people out the next coming elections or we will have to continue to stomach their fart face, nonsensical arrogance. We are paying through our noses for higher and higher electricity bills for their extravagant life-styles.

I was at Mahathir's open house in Seri Kembangan on Sunday, just to see what type of person he is and you know what? He is two faced; pretending to smile, pretending to listen, pretending to care for the future of Malaysia when in fact all he is doing is trying to save his image, which we all know today is nothing but a farce.

Mahathir's true friend are Daim who raped the nation of billions, Tajudin Ramli who plundered MAS and the nation of more billions, Syed Mokhtar who was practically given control of the nation's rice bowl to siphon more easy billions.

And this bunch of idiots are still in the country.

Let's make the Opposition win the election and throw all these shit bags in jail where they rightly belong.

I was told by the CEO of MRCB that Daim has in fact whispered to Mahathir that UMNO needs to use the MyKad to register as voters all the Indonesians and other immigrant Muslims so that they can try to cheat in the coming election. In return, Mahathir has told Francis to use the "YES" network. 4G means "For Goreng" so that they can spy on all the youngs' emails correspondence.

For a start, we say "no" to Francis' 4G so that they cannot spy on what we are emailing or talking through our devices and apps. Just ask ourselves a simple question: Can we believe that Francis the f*ck face is a good man and really wants to help Malaysia, or is he a running dog of Mahathir to give him all our hard earned money, and all our private information?" After all, Francis did give the interview in Singapore in the Singapore flyer with Haslinda Amin, and not in Malaysia, both smiling across the Singapore skyline and saying how clever they are and how dumb the Malaysians are.

Having lived abroad myself, I have never encountered such a display of self-glorification when he should know darn well the only reason he is rich is because he sucks Mahathir's b*lls and they both cheat the Rakyat. As a lying, stealing, fake Christian by any counts, he should be the first to be thrown into Hell when his day of rekoning is here.

All Malaysians should ask why the heck am I paying so much for my electricity bills so that these Nimcompoops can go around as high fliers? Why the heck was the interview held in Singapore? Francis can't even be proud to be Malaysian. We are so dumb to be cheated day and night by these idiots!

A reassessment is needed of Mahathir Mohammad who is nothing more than the worse human being ever brought to this planet earth. The late Hussein Onn made the bloody mistake of choosing this mamak and sidelined Razaleigh, that's why when in Onn's later years he chose to join Pakatan Semangat 46.

Najib nearly joined 46 but as a hen-pecked lalang, what do you expect? Muhyiddin, a racist by definition is nothing more than Syed Mokhtar's puppet, and by extension Mahathir's puppet. Zahid has no brains. Hishammuddin, nothing between his ears, should refrain from using his father's name or grandfather's name in vain because if UMNO is to benefit these fake Christians like Francis Yeoh, when there are so many other better and true Christians in Malaysia being thrown the petrol bomb in their church by people inspired by Perkasa, which is Mahathir again! So there you have it, there is no one worth our while in this God forsaken, beer drinking government.

So, the new Ten Commandments for a better Malaysia : -

1. "Bersih bills" - protest with a new round of Bersih your electric bills unless you have no problems giving your hard earned money to Mahathir.

2. Boycott yes 4 Goreng 4G – keep your info private.

3. Cancel your yes 4G if you did not know their true intentions.

4. Boycott all their shopping malls or hotels – do this from today.

5. Tell your best friends about this crook Mahathir Mohamad.

6. Read in Malaysia Today about San Mirzan and his beer land grabbing plot – tell 50 friends each about this and spread the gospel.

7. Remember that this mamak family drinks beer and not teh tarik when you go to their open house.

8. Spit at their children when you see them – whether mamak's kids, Francis' kids, or Daim's kids, and continue to expose these blood suckers. Do not let their children have half a chance to pretend to be able to live like quasi aristocrats when they are children of crooks.

9. Put them in jail, not Anwar.

10. Register now to vote for a new government and a real future for our country.

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Tan Sri (Dr) Francis Yeoh on Bloomberg's "High Flyers"

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Kredit: www.malaysia-today.net

Sabtu, 10 September 2011