Malaysia Today - Your Source of Independent News
Malaysia Today - Your Source of Independent News |
- Looking Beyond The Storm In The Teacup
- How long must the Rakyat continue to subsidise Mahathir (and his many cronies?)
- Hang Jebat was a Buddhist
- The SPAD Has Spoken
- What we can do to sail through stormy time ahead
- Project Malaysia: Belong or 'Lelong'?
| Looking Beyond The Storm In The Teacup 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.
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| 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". 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. 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. ******************************************** Tan Sri (Dr) Francis Yeoh on Bloomberg's "High Flyers"1-uTZ-xrYQU pK7DofssyMY hH7PNNpSqu4 |
| Posted: 06 Sep 2011 01:08 PM PDT By John Doe Sometimes, pictures speak a thousand words. Let us look Hang Jebat's Grave:   There is no such architecture in Malaysia. Since UMNO decided to add the Jawi words on top of the architecture, let us assume that they are indeed endorsing this as THE authentic graves of the Hang Brothers. Let us also take a look at Hang Tuah's (fake grave) located in Kampong Keling.  Why I said "fake grave", is because of the inscription by Tourism Malaysia, on the panels which you can clearly see at the back. "This was a large grave, therefore, it must have been of an important person, therefore, it is Hang Tuah's". That is fantastic logic. They could have at least said that it was a Sultan's Grave or something, and we would have had much less to gripe about. But why did they not say so? Why is there not a single grave of any Malaccan Sultan? While you are pondering, let me take you to Thailand. To a place called Lopburi. And take a look at King Narai's Palace:  Unlike Malacca, Lopburi has many many many buildings and artefacts to look at. The below is but one of several hundred in the vicinity.  All the red dots (on the left) show temples like the one above:  So, where, oh, where, is the evidence for the Malaccan Sultanate? Yes, one Chinese Collar, and an Indian knife, and some loose change? Come on!! You have to do better than that!! And while you are, let me pose you another question. Was Hang Jebat a Thai from Lopburi, or was he from Sri Lanka? While you ponder on that, let me bring you to Sri Dalada Maligawa. This is where they kept Buddha's Tooth. Their official website is found here: http://daladamaligawa.org/  So, have you decided if Hang Jebat was a Thai, or a Sri Lankan? This puts a very interesting twist to the entire History of Malacca. Important to note, that while there is plenty of evidence of foreign occupation, there is none on the actual Sultanate itself. Sejarah Melayu (download from HERE) (Dear Saiful, it is pronounced ANNAL, and NOT Anal.) For those who insist that Muslims can be buried in such a grave, I contest Fat Lady of Putrajaya (FLOP) to put herself in a grave much like any of the Hangs'. Heck, I'd even be glad to pay for it, and bring in the experts from both Sri Lanka and Lopburi to build it for you. So, the Hangs were Buddhists? And they were from where again? Lopburi? Sri Lanka? Or are these actually the graves of the Hang Brothers at all? Maybe the graves belong to the Sultans? Maybe the graves belong to some rich Sri Lankan who lived in Malacca and had posthumously converted to Islam, as according to JAIS, and JAKIM? Oh, didn't you know? Non-Muslims are allowed to convert to Islam AFTER they die!! That saves you a lot of hassle of having to snip your dick, pay Zakat or pray 5 times a day. Just convert to Islam AFTER you die. And, the bonus is, after you die, you can never convert out of Islam, so Apostacy is completely out of the question for you. But make sure that you have divided all your property before you die, because it might completely belong to JAIS, despite what your will reads. I have a truly honest question: "Why was Prophet Muhammad never circumcised?" Btw, there's a new story floating around that Hang Tuah was captured by Zheng He, and taken back to China to be beheaded by the Ming Emperor, but I have yet to see any solid evidence for that yet. |
| Posted: 06 Sep 2011 12:55 PM PDT By Tony Pua The Land Public Transport Commission (SPAD) has finally admitted land underground can be acquired under the National Land Code without affecting existing landowners in the cases affected by the MRT tunneling project. The Chief Executive Officer of SPAD, Mohd Nur Kamal has conceded as much in its letter to The Malaysian Insider where "all affected individual land owners [can] apply for stratum titles to be issued to the Government". As highlighted many times during the controversy, this is because the National Land Code 1965 had been specifically amended in1990 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 for the use to construct tunnels, car parks and to lay pipes. Hence it is clear from the above admission and convoluted explanation that the Government's actions stink of bad faith and ill-intent. When the law clearly enables the Government to acquire the stratum or underground land without affecting the surface, it still chooses to acquire all land – surface and underground – at one go. Expediency is not a valid reason to abuse the law, especially when the rights of the property owners are significantly jeopardized. On top of that, on the one hand, SPAD argued that the acquisition process is just a matter of convenience. But on the other it says that it may not want to return the land after acquiring it – how more hypocritical can one get? The reasoning provided that what was most important was that the government had "listened" to feedback from the affected parties and had agreed to a mutually acceptable outcome rang completely hollow in the light of the above, as it showed that the "listening" was just merely a public relations exercise. All the various untenable excuses being raised leads only to a single possible conclusion – the land acquisition exercises proposed in Chinatown, Bukit Bintang and other prime locations are nothing but poorly masked attempts at profiteering and land grab. They are in breach of the spirit of the Land Acquisition Act 1960 where the Government is only to acquire private land, and only that which is necessary for public use and benefit, and not for profit. SPAD should stop tunneling a deeper hole for itself and stick to its role of independently regulating and ensuring an efficient and effective public transport system. It should not become a partner-in-crime for the Government to justify its "land grab" exercises, which is completely irrelevant to the planning and design of the MRT system.
TONY PUA |
| What we can do to sail through stormy time ahead Posted: 06 Sep 2011 12:31 PM PDT By Thomas Lee Seng Hock We are all set for a hard time in the almost immediate future, with some of us becoming unemployed, others underemployed, and a few facing the prospect of becoming bankrupts. So, the immediate measure is to cut our spending. I suggest taking the following steps: (1) stop subscription to paid TV (saving at least RM100 a month), (2) cut fixed phone line and use only prepaid HP (saving at least of RM50 a month), (3) don't buy newspapers, read news online (saving at least RM60 a month, (4) have only one dish for each meal, instead of the current three or four dishes (saving of at least RM10 a day, which works out to RM300 a month), (5) have only two meals a day -- brunch and dinner (saving at least RM10 a day or RM300 a month), (6) drink only boiled water, no need for other beverages (saving at least RM3 a day, i.e. RM90 a month), (7) don't eat out -- take food and drinking water to work (can save RM10 a day or RM300 a month), (8) cut down on driving, reducing petrol cost, toll charges and parking fees (saving of about RM200 a month), (9) reduce 50% use of shampoo, toothpaste, etc (saving of RM2 a day, i.e. RM60 a month), (10) Use handkerchieves, instead of buying tissue papers (saving at least RM1 a day, i.e. RM30 a month), (11) forgo new clothing for Christmas and New Year, etc (saving at least RM500 for a family of four), (12) cut down on expenses for festivals and celebrations (like birthdays) and save at least RM100 a month, (13) go to government hospital for treatment and medication, instead of visiting private clinics or hospitals. I save nearly RM200 a month on my daily medication using the Klang general hospital, and (14) Vote Pakatan Rakyat at next general election to save the country from bankruptcy caused by a corrupt administration.
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| Project Malaysia: Belong or 'Lelong'? Posted: 06 Sep 2011 12:12 PM PDT By SABM I am lucky to have a father who taught me early in life that diversity is something beautiful. I grew up in an environment that was colourful. But the colours that I saw growing up were predominantly a short spectrum consisting of three main colours. Each corresponded to distinct faces and features that I found out later had ethnic identities - Melayu, Cina, India.
Some years later, as I peeked at the forms being filled in by my father to enroll me in primary school, I noticed the existence of another colour given the name of 'Dan Lain-Lain'.
I soon learned that there was more to the spectrum than what I had known back then.
Despite the convenient label of 'Dan Lain-Lain', each one of those colours matters and makes up Malaysia.
Each one belongs here.
This Hari Malaysia, why not take a look again at our Project Malaysia?
Let's see if our Project Malaysia is truly one that is inclusive and nurtures a sense of belonging in our hearts.
Or is it a Project that focuses on selling off every particle that is beautiful and ours in a truly wholesale manner, 'Lelong' style.
Let's lift the label 'Dan Lain-Lain', look underneath and talk to a segment of our community that has been conveniently sidelined and its rights 'lelong'ed alongside ours.
This 16th September evening, at our Rumah, we'll be screening the short film that won the 2010 Freedom Film Fest organised by Pusat KOMAS.
'Hak Dinafikan' is the story of Orang Asal and was created by the Orang Asal themselves. The screening, which begins at 7 pm, will be followed by a discussion with the directors, Abri and Shafie, and also young activists from Sabah and Sarawak.
It's high time we learn their story and understand that it is our story as well.
We have a few other activities planned for the day. The details of the event will be announced in a couple of days.
For now, please reserve time for Hari Malaysia 2011, this 16th September, 7pm, at Rumah Anak Bangsa Malaysia.
Jumpa di sana ya?
Dengan ikhlas, Nanda __________________________________________________________________
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