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Black Cat, White Cat - Both Catch The Mouse
The triumph of civil society
That bold speech on that historic day
ISA, Don’t Count Your Chickens Before They’re Hatched
BN Selangor - bermimpi di siang hari
Stop the Charade!
Jalur Gemilang approved by King George VI
Why push for a Rakyat Reform Agenda?

Black Cat, White Cat - Both Catch The Mouse

Posted: 18 Sep 2011 10:00 PM PDT

And did not Russia too go this route? It always starts as a fight for the oppressed. And the oppressed rises up and throws out the oppressor. Then the oppressed discovers that it is easy to talk when you are not in power but not that easy when you now hold the reins of power.

That was the déjà vu feeling I experienced when I read this article in The Sun where Barisan Nasional (BN) claimed the Penang Island Municipal Council (MPPP) has signed away an estimated RM488 million in exchange for the RM250 million Subterranean Penang International Convention and Exhibition Centre (SPICE) project.

Many Penangites may not be aware that the Concession Agreement for Build-Operate-Transfer (BOT) of sPICE, PISA indoor stadium and PISA Aquatic Centre was dated and signed on 19 Aug 2011 and sealed/stamped on 24th August 2011. Last week, the agreement was open for public viewing and information derived there and from The Sun has a few areas of concern. Apparently, few knew about the public viewing.

Article 2 of the agreement seems to indicate that the grant of concession rights and sale of hotel site that MPPP has to comply with appear to be lopsided in favour of the developer.

The CM and MPPP should explain why all assessment rates for the entire project site (sPICE, PISA, indoor stadium, Aquatic Centre, car park but not the hotel and retail outlets) shall be borne by MPPP during the concession period.

In the agreement, it is agreed that the Concessionaire shall have the right to apply and/or appeal to MPPP for waiver, exemption and/or reduction of quit rent AND assessment rates for the retail outlets.

Why allow this? Business entities should not be given such waivers as it would mean loss of state revenue and increase in profits to the Concessionaire!

The agreement gives the allowance for the developer to build an additional 1,500 residential units in any project, in any part of Penang, within the concession period of 30 years as one of the loss making decisions.

According to Datuk Teng Hock Nan at a recent press conference, such a move would cost MPPP an estimated RM450 million, as the the council could not impose development charges on the units, or control the built-up areas, and selling prices for the additional units. He said the RM450 million estimation was calculated based on land cost – 30% of RM1 million per unit.

A 1.25 hectare site, within the SPICE project site, where a five-star hotel is to be built, was undervalued and sold by the Penang state government at RM100psf (at a total RM13 million). Estimated value is between 200RM-300RM per square foot! This means that the MPPP could have incurred a loss of RM27million if the land was sold at market rates (calculations based on 300RM psf).

MPPP would also have to provide mature land to the developer to build 450 low-medium cost units as per the agreement. Mature land possess infrastructure like roads and utilities and who would provide the infrastructure and at whose expense?

The CM should explain the rationale behind the decision as to why MPPP unconditionally and irrevocably agrees to grant the Concessionaire and/or any of its Related Corporations the right to additional density of any development carried out by the Concessionaire within the island of Pulau Pinang over and above the maximum permissible density of the land, provided always that the total sum utilized and spread over all projects within the island does not exceed 1500 residential units. They must also explain why there shall be no development charges or built up area control or selling price control imposed by MPPP on any such additional density utilized.

How much will the developer profit at the expense of the state and the rakyat?

READ MORE HERE.

The triumph of civil society

Posted: 18 Sep 2011 08:44 PM PDT

He looked at me intently. I will always remember what he said. Because what he said epitomised the man and his indomitable spirit.

"Don't stop knocking on the door even if nobody open the door for you. You have to keep on knocking. Who knows, one day, even if nobody opens it for you, it will crumble down."

That was what he said.

Civil society has worked and campaigned tirelessly for the abolishment of laws which allow detention without trial, most particularly the draconian Internal Security Act. NGOs such as SUARAM and HAKAM for example took it upon themselves to make it heard that the ISA must go lock stock and barrel.

Human rights advocates such as Malik Imtiaz, Harris Ibrahim, Edmund Bon and many others have almost dedicated all their free times towards campaigning against the ISA and various other archaic laws which transgress universal and fundamental liberties.

The ISA is not the only oppressive law which was the target of these activists. The Police Act, which requires any planned gathering of 3 or more persons to obtain a prior police permit was also another example of an oppressive law which makes a mockery of Malaysia as a modern democracy. The Restricted Residence Act and the Printing Presses and Publication Act are another group of laws which deny the basic liberty of the people.

To top it up, as I pointed out recently in this article, Malaysia is still under four states of emergency which have never been officially uplifted. It is the year 2011. That we are still technically in, not one, but four, state of emergencies – declared in 1964; 1966; 1969 and 1977 – make a mockery of our push for a developed state status by 2020.

The fact that we are under states of emergency is of course insignificant if we do not consider the legal effect of the emergency. Under the Federal Constitution, almost all our liberties could be held in "suspension" when our country is under a state of emergency. It follows that all emergency laws and all regulations emanating from them, such as the archaic and totally repressive Emergency Ordinance 1969, could be enforced with impunity.

The currency of the states or emergency is therefore a frightening weapon of the States against the liberty of all of us, the people.

One of the most disconcerting aspects of the ISA is the complete misunderstanding of the law, not only among the police officers, the people in the Home Ministry but also among some of our Judges, right in the High Courts as well as the highest Court of the land, the Federal Courts.

While arguing one of the ISA cases in the Federal Court about 2 years ago, I told the Federal Court that the ISA is a "preventive" law and not a "punitive" law. What that simply means is that the ISA – by its very nature and even by the very words used in it – is to be used to "prevent" a planned act or series of acts which may be detrimental to national security. Which means the act has not happened yet and the ISA is to be used to prevent that act from happening. That is why it is called a "preventive" law.

The ISA is not a law which is to be used to punish a person or a group of persons for having done or committed any act, even though the act threatens national security. It is not "punitive" in nature. This is in line with the fact that under our system of law, only the Courts can punish. The government cannot punish the people without going to the Courts first.

It is conceded that under Article 149 of the Federal Constitution, laws providing for detention without trial is permitted to be made by the Parliament. However, a close look at Article 149 would reveal that the law providing for detention without trial which is permitted by that Article must be a law designed to "stop or prevent" any action which threatens national security.

It is clear that for such law to be constitutional under the Federal Constitutional, it must be preventive in nature and not punitive. I therefore told the Federal Court that the ISA was supposed to be preventive and not punitive.

To my complete and utter disbelief, the most senior of the 3 Judges who presided over the case disagreed with me. He said the ISA is punitive in nature. I was also later warned by another Judge in the same sitting (who had since died) to be "careful with what I submitted."

To be frank, I think it is the Courts and the Judges who ought to be careful with what they think and decide because really, it is the liberty of the people which they are deciding upon. In some circumstances, what they decide could affect the life of the people. To tell me to be careful with what I submit in an ISA case involving the liberty of our citizens is an act of judicial cowardice!

The abuses of the ISA and the Emergency Ordinance are well documented. Recently of course, we had the case of the Parti Sosialis Malaysia's members who were detained for more than a month under the EO for allegedly trying to wage war against the King by reintroducing communism to Malaysia! They were of course released after a huge outcry. Today I learn that all charges against them are to be withdrawn.

As for the various abuses of the ISA, one could just type the letters "ISA" in the search box of this blog and read about the litany of the abuses of the ISA. The most famous of all of course would be the detention of 106 people by Dr Mahathir under the infamous Operasi Lalang in 1987.

READ MORE HERE

That bold speech on that historic day

Posted: 18 Sep 2011 06:57 PM PDT

They will, I think if the subject matter that is going to be announced affects them directly and immediately in a positive way. The response from the public will be lukewarm if the subject matter affects them indirectly and inconsequentially. Let us judge the administration on this score.

All week, the public was thinking that PM will announce some measures to be taken by the government that will in substance, increase the efficiency of governance and government. In the end, those measures will translate into immediate increase in disposable income. What possible form can such measures take place? Maybe:- (1) Restructuring the GLCs including Khazanah so that they won't become governments unto themselves. Now that 15000 employees of MAS have threatened industrial action, that shows Khazanah has been doing some cloak and dagger corporate moves. (2) Replacing laggard key government officials with those with abilities (3) removal of structural impediments to transparency and accountability such as removing OSA. (4) Shaking up the institutions that deliver justice and the law such as the police and the judiciary (5) announce stronger measures on corruption including the conviction of the big guns.

Further, things like direct transfer of money (oil money) to the public like what the Singapore government did during its recent general elections. Those states making mountains of money from petroleum royalties distributing money to citizens of the state; Felda Corporation which made lots of money giving out money to Felda settlers, etc., that would be the real goodies that would certainly induce the recipients to jump up in uncontrollable euphoria while proclaiming Najib - you are da man!

We certainly need some substantive liberty enhancing policies from the current administration that would differentiate the Najib administration positively from previous ones. By liberty enhancing policies, I mean policies that reduce dependency on the government.

There are some economic pressures which the government needs to address that have political ramifications. Inflationary pressures that cause the price of essential goods to rise make people more dependent on the government. More people in the rural areas will depend on the welfare department for assistance and when given, obliges them to be loyal to the benefactor. So what does a desperate government do? Maybe even condone the price increase. We are happy to note the administration is doing everything possible to contain the inflationary pressures.

Maybe the scrapping off of the 50 over Billion MRT into improved transport system that is more public friendly, maybe the setting of a ceiling price for houses in the city so that lower income and middle income earners can work and stay in the city. Instead they have to look for houses in the outskirts of town while the city is reserved for the selects. Or maybe some form of a Buffet tax on the superrich. Or maybe the dismantling of Khazanah and all shares transferred to Amanah Saham Nasional or ASB.

Compared to the announcement involving the ISA and the Printing and Presses Act, government actions on those would be more impactful. But isn't prosperity predicated on the removal of shackles and chains that perpetuate un-freedom? I am using the term un-freedom to define freedom and liberty as a state of being free from the arbitrary force and coercion of others. Yes it does- but the emancipation potential arising from the more down to earth policies could achieve the desired effects of freedom and liberty much more and faster.

The ululating responses would of course make the Minister of Information look good and perhaps ensure one last hurrah as a cabinet member? It would be unfair for me to harbor misgivings aforethought.

The desired responses were forthcoming. Everywhere PM Najib was declared a revolutionary and a bold PM. Rais Yatim must be beaming like a Cheshire cat. PM Najib is really Optimus Prime- the chief transformer. I have forgotten the never ending list of acronyms. Maybe the APCO people can issue a definitive list signed by Idris Jala of course.

After the speech and announcement, the euphoria was I think premature. The subject of his bold and revolutionary steps to enhance governance and credibility of his administration are the ISA ad the Printing and Presses Act. Important as they are, I think their impact on governance enhancement and thereafter productivity is outstretched and indirect. The good intent of abolishing the ISA appears to be blunted by the forewarning that 2 new acts will replace the ISA. A person arbitrarily defined as a terrorist can still be detained without trial in open court. The empowering act of Article 149, the fountain from which springs ISA like enactments is till there and remains the overarching enabling repressive act.

I was thinking of some announcement on measures to improve the quality of civil servants, or some measures assuring the best of civil servants that their effort will be well compensated, or the removal of bureaucratic clogs that prevent transparency, accountability and so forth. Perhaps, if there is full public disclosure we can once and for all determine for example, whether Bangladeshi workers are given citizenship to vote in the coming general elections. Perhaps also, if there is full disclosure instead of OSA, then we can resolve the double speak by the election commission that the final list of voters are with them and that what the public are looking at are outdated voter registers. Why would the updated and current list be withheld from public knowledge? I wouldn't want the Bangladeshi pump attendant to have the same voting rights as I do. How the elections commission can with impunity insult our intelligence by claiming the latest voters lists are meant for internal circulation is beyond any measure of decency!

I was thinking maybe the removal of the OSA - more insidious than the ISA which prevents any public spirited citizen of this country from discovering the rationale of many government decisions on tender awards, on selection process and so on.

Now THAT, I thought would have more far reaching impact on the voters.

Posted: 18 Sep 2011 03:53 PM PDT

Heck, the sudden announcement caught many by surprise, even by huge crowds within the opposition. Hence one has to admit the latest move by PM Najib deserves some compliments – it was one hell of a good political advertising, tactical speaking. The opposition parties were in total chaos on how to react to such a brilliant political move by the ruling government. If PM Najib were to announce such move on the same day as budget day next month, he's almost guaranteed of the lost two-third majority. Hold on a second! Didn't Najib promised political and economic reforms in 2008 but the people have yet to see or at least feel the substance?

You really need a Einstein to explain why in the world would the ruling government abolish both laws, which had help the present government in suppressing and oppressing peoples' basic freedom rights, particularly the opposition, for as long as one can remember. On the surface, it seems Najib administration has finally admitted something needs to be done in relation to the recent Bersih 2.0′s brutal crackdown. At least Najib recognizes the potential loss of more than 200,000 votes from the young generation, if the number of Facebookers asking for his resignation is anything to go by.

READ MORE HERE

BN Selangor - bermimpi di siang hari

Posted: 18 Sep 2011 02:17 PM PDT

Apa yang di katakan oleh PM itu benar kerana tidak ada sesiapa yang perlu takut pada mana-mana individu. Saya yang begitu kecil ini pun tidak takut pada Anwar dan pada sesiapa sahaja yang melakukan rasuah dan salah guna kuasa. Yang perlu semua pihak takut dalam politik ini ialah rakyat yang ramai yang mempunyai hak kepada seluruh negara kita.

Itu sebabnya selama ini saya hairan kenapa pemimpin-pemimpin kita begitu berani melakukan rasuah dan mengenepikan perasaan rakyat yang begitu jemu mendengar perlakuan rasuah itu dilakukan dengan terang dan mudah dilihat oleh rakyat. Hanya rakyat tidak mampu membuktikannya kerana perlakuan rasuah yang besar-besaran banyak dilindungi oleh Akta-Akta yang ketat seperti Akta Rahsia Resmi dan lain-lain.

Jika sesuatu projek dilaksanakan dengan 'scale' yang besar maka projek-projek itu akan dilindungi oleh Akta Rahsia Resmi kerana dalam projek itu adalah sumber mereka yang berkuasa untuk melakukan rasuah yang menggunakan wang rakyat. Rasuah adalah isu yang terhadapan sekali dan selagi kerajaan masih melekat dengan stigma rasuah itu selagi itulah kerajaan hari ini tidak akan mendapat perhatian rakyat lagi.

Di UiTM semalam Najib telah mengaku yang BN telah insaf di atas segala kesalahan yang telah dilakukannya semasa memerintah negeri itu sejak merdeka dahulu. Dengan kenyataan itu maka kita dapat menyimpulkan yang BN memang telah melakukan kesalahan sebagai parti yang memerintah negeri Selangor dan dengan itu rakyat Selangor telah mengenepikan mereka dalam pilihanraya yang lalu.

Jika BN telah mengaku kesalahan itu kenapa pula parti-parti pembangkang yang dipilih oleh rakyat Selangor itu menjadi 'punching bag' bagi UMNO dan BN. Kenapa pembangkang dipersalahkan jika BN mengaku kesalahan itu letaknya dibahu BN. Kenapa yang bersalah menghemtam yang tidak bersalah? Itulah yang menjadi masalah kepada BN. Mengaku bersalah tetapi pihak lain pula yang dihentam setiap hari dan waktu.

Sekarang BN sedang berusaha mencari kesalahan PR di Selangor, sama seperti yang dilakukan di negeri-negeri lain yang dipimpin oleh PR. BN mencari kesalahan pentadbiran Selangor seperti orang mencari kutu dikepala. Kuman diseberang laut mereka nampak tetapi gajah dibibir mata tidak dihiraukannya.

Apa yang BN perlu lakukan untuk mengembalikan keyakinan rakyat Selangor ialah untuk menunjukan siapa yang akan menjadi MB jika Selangor dipimpin BN. Ini amat penting kerana seperti yang kita lihat semua MB BN Selangor sebelum diambil alih oleh PR dalam pilihanraya yang lalu telah bergelumang dengan masalah rasuah.

Keseluruhan pemimpin-pemimpin Selangor telah dipersepsikan melakukan kesalahan ini dan itulah sebabnya mereka diketepikan oleh rakyat. Sekarang pemimpin-pemimpin yang sama pula yang membuat janji untuk mentadbir negeri yang kaya itu untuk melakukan perubahan yang dikehendak rakyat Selangor. Bagaimana rakyat hendak percaya. Secara konklusifnya kita melihat yang isu ini amat susah untuk dilakukan oleh BN Selangor.

Sehingga ke hari ini rakyat masih tidak nampak siapa yang akan ditonjolkan sebagai ayam tambatan BN yang tidak boleh dipersoalkan tentang kredibilitinya. UMNO yang sedang menghadapi isu kredibiliti terpaksa mencari calon MBnya dengan teliti. Sekarang bukan senang untuk mencari calon yang berkredibiliti di Selangor kerana calon yang akan ditonjolkan itu akan merasa rendah diri dan sangsi samada mereka boleh menang atau pun tidak.

Ramai yang merasa takut untuk melalui pengalaman Awang Adek di Kelantan yang telah berangan-angan untuk menjadi MB Kelantan tetapi Kelantan hanya memberikan sebanyak tiga kerusi DUN sahaja dalam pilihanraya yang lalu. Awang Adek sendiri sebagai calon MB telah kalah dihadapan rakyat Bachok sendiri. Kita masih ingat bagaimana Awang Adek telah berlagak seolah-olah sudah menjadi MB dengan lagak 'typical' UMNO sambil menghisap cerut yang mahal-mahal semasa berkempen di Bachok.

Selanjutnya di sini.

Stop the Charade!

Posted: 18 Sep 2011 09:37 AM PDT

Najib should stop the charade of claiming to want to be the "best democracy in the world" when what he should do is to immediately end Malaysia's ranking as a "flawed democracy" before Malaysia could qualify to rank among the full democracies in the world.

The third edition of the Economist Intelligence Unit's (EIU) Democracy Index 2010 released early this year categorised Malaysia as a "flawed democracy" due to "a gradual erosion of civil liberties and political culture in the past year" with Malaysia's aggregate score dropping 0.17 to 6.19 out of 10 from the previous index in 2008, and the overall country ranking falling from 68th to 71st out of 167 countries.

Twenty-six countries, headed by Norway, Iceland, Denmark, Sweden, New Zealand,Australia, Finland, Switzerland, Canada and Netherlands in the top 10, were in the first category of 26 "Full democracies" – which includes two Asian countries, South Korea (20) and Japan (22).

Malaysia with the overall 71st ranking, is in the second category of "Flawed Democracies", trailing behind South Africa (30), Chile (34), Taiwan (36), Israel (37), India (40), Timor-Leste (42), Jamaica (43), Panama (46), Brazil (47), Mexico (50), Argentina (51), Sri Lanka (55), Thailand (57), Indonesia (60) and Mongolia (64).

Who advised Najib that the repeal of the ISA (which is be replaced with two new laws raising concerns whether they would be ISA type of substitutes) and other reforms, Malaysia will catapult not only from the ranks of "Flawed Democracies" but to top the ranking of "Full Democracies" as to be the "best democracy in the world"?

The EIU's Democracy Index is based on five categories: electoral process and pluralism; civil liberties; the functioning of government; political participation; and political culture.

The condition of having free and fair competitive elections, and satisfying related aspects of political freedom, is regarded as the sine quo non of all definitions of a democracy.

On "electoral process and pluralism", Malaysia trails behind 88 other countries – 26 "Full Democracies" and 62 "Flawed Democracies".

Posted: 18 Sep 2011 07:42 AM PDT

National heritage?

Really, any commonsense understanding would tell us that a national flag, while a symbol of national identity, pride and belonging, is not exempt from changes, as shown by a number of countries.

For example, Canada has made one of the most improved changes to national flags to enhance its Canadian identity – see below and understand how the maple leaf design stands out remarkably and uniquely as Canadian, making the Canadian flag renowned as one of the best flag designs – a design which came about through deliberate change.

READ MORE HERE

Why push for a Rakyat Reform Agenda?

Posted: 18 Sep 2011 06:05 AM PDT

You will see that the People's Voice is a 4-page "what we don't want in our country" list.

The People's Declaration, on the other hand, is a 19-page 'wish list' blueprint for nation-building.

Both documents were sent out to political parties on both sides of the divide, with a request that the same be studied and, thereafter, to publicly announce if they would indorse the same.

With the exception of the United Pasok Nunukragang National Organisation (Pasok) from Sabah, all other BN parties never responded.

Pasok confirmed their support and indorsement of the two documents.

As did DAP, PAS, PKR, PSM and MDP.

On 23rd February, 2008, 2 weeks before we went to the polls, a historic event was hosted at what was once Blog House ( now Rumah Anak Bangsa Malaysia ). Malaysiakini has a report of the event which you can read HERE

Given the indorsement by DAP, PAS and PKR of the People's Declaration, many, including Raja Petra and myself, went to ground to campaign for these parties during the 12th GE.

Our objective : kick BN out, see DAP, PAS and PKR installed in Putrajaya as the 12th federal government and, we hoped, the beginning of the rehabilitation of the nation premised upon the People's Declaration.

However, things did not quite turn out the way we had hoped.

With the abuse of the postal vote, phantom voters, vote buying and the benefit of shameless gerrymandering, we found ourselves still lumbered with BN in Putrajaya post 8th March, 2008.

Needless to say, nothing that has been laid out in the People's Declaration has seen the light of the day.

BN will not give us the reforms the nation so badly needs.

However, some of us have looked closely again at the People's Declaration and feel that this blueprint for reform probably envisages nation-building spanning over some 30 years.

We felt that what was needed was a reform agenda that could be seen through during a 5-year period, that i, the full term of an elected federal government.

An agenda that the non-BN political parties could not just pledge to implement but, if given the mandate to form the next federal government at the 13th general election, deliver these reforms to the people during their term in office.

With this end in mind, MCLM wishes to share with the rakyat and the non-BN political parties the RAKYAT REFORM AGENDA (RARA).

READ MORE HERE

Kredit: www.malaysia-today.net

Isnin, 19 September 2011

Malaysia Today - Your Source of Independent News

Malaysia Today - Your Source of Independent News

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