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The Sultans’ Daulat is a Myth

Posted: 26 Aug 2012 09:43 PM PDT

Book Review: Ampun Tuanku. A Brief Guide to Constitutional Government. Zaid Ibrahim. ZI Publications, Petaling Jaya, 2012. ISBN 9 789675 266263 256 pp, RM

As a youngster in 1960 I had secured for myself a commanding view high atop a coconut tree to watch the funeral procession of the first King, Tuanku Abdul Rahman. My smug demonstration of my perched position drew the attention of the village elders below. They were none too pleased and immediately ordered me down. "Sultans have daulat," they admonished, "you cannot be above them." Apparently even dead sultans maintained their daulat. I did not dare challenge my elders as to what would happen once the king was buried; then we all would be above him.

To put things in perspective, this attribution of special or divine powers to rulers is not unique to Malay culture. The ancient Chinese Emperors too had their Tianming, Mandate from Heaven. That however, was not enough to protect them.

Even though it has deep roots in Malay society, this daulat thing is a myth. The Japanese, despite their own "Sun Goddess" tradition, had no difficulty disabusing Malay rajas and their subjects of this myth. The surprise was not how quickly the sultans lost their power and prestige, or how quickly they adapted to their new plebian status during the Japanese Occupation, rather how quickly the Malay masses accepted this new reality of their rajas being ordinary mortals sans daulat.

Only days before the Japanese landed, any Malay peasant who perchance made eye contact with his sultan, may Allah have mercy on him for the sultan certainly would not. When the Japanese took over, those rajas had to scramble with the other villagers for what few fish there were in the river and what scarce mushrooms they could scrape in the jungle. Nobody was bothered with or took heed of the daulat thing. So much for it being deeply entrenched in our culture!

To pursue my point, had the Malayan Union succeeded, our sultans today would have been all tanjak (ceremonial weapon) and desta (headgear); they would have as much status and power as the Sultan of Sulu. Across the Strait of Malacca, hitherto Malay sultans are now reduced to ordinary citizens. They and their society are none the worse for that.

Today's slightly better educated Malay sultans and crown princes (there are no crown princesses, let it be noted) would like us to believe in yet another myth, this time based not on our culture but constitution. They believe that it provides them with that extra "something" beyond their being mere constitutional head.

This new myth, like all good fiction, has just a tinge of reality to it. The Reid Commission had envisaged the Conference of Rulers to be the third House of Parliament, after the elected House of Representatives and the appointed Senate. It would be a greatly reduced House of Lords as it were, to provide much-needed "final thought" to new legislations.

That assumption had considerable merit, at least in theory. As membership is hereditary, those rulers would be spared from having to pander to the masses as those elected Members of Parliament, or please their political patrons as with the senators. Additionally, this third house would be non-partisan.

An expression of this "Third House of Parliament" function is that all senior governmental including ministerial appointments have to be ratified by the Conference of Rulers. However, unlike the transparent deliberations of the "advice and consent" function of the United States Senates where senior appointees are subjected to open confirmation hearings, the proceedings of the Conference are secret. We know only those who have been accepted, not those rejected or why.

Zaid Ibrahim's Ampun Tuanku. A Brief Guide to Constitutional Government addresses what should be in his view the proper role of sultans in the Malaysian brand of constitutional monarchy, specifically whether they have this "something extra" beyond what is explicitly stated in the constitution. As a lawyer Zaid is uniquely qualified to write on the matter. He is no ordinary lawyer, having once headed the country's largest legal firm and served as the nation's de facto Law Minister.

The title notwithstanding, this highly readable book is more persuasive than descriptive; more political science treatise, less legal brief. The expository flow is smooth, logical and highly convincing. It is refreshingly free of legal jargon or references to court cases that typically pollute commentaries by lawyers. To Zaid, the constitution does indeed grant Malay sultans that something extra, but not in their capacity as the titular head of the government, rather as their being head of Islam and defender of the faith.

Zaid explores the many wonderful opportunities possible as a consequence of this second function without having to invoke additional "special powers." I will pursue his novel ideas and wonderful suggestions later. At 40 pages, his chapter on this issue ("The Rulers and Islamization") is the longest, and deserves careful reading especially by the royal class. He puts forth many innovative ideas that if pursued would benefit not only Malays but also all Malaysians.

With active and enlightened engagement by the rulers and Agong, Islam would emancipate Malays just as it did the ancient Bedouins, and in the process enhance race relations. That would be a pleasant if somewhat radical departure from the current environment where Islam not only deeply polarizes Malays but also sows much interfaith and interracial distrust.

In all other aspects the sultans and Agong are bound by what is explicitly stated in the constitution. Malaysia is a constitutional monarchy, Zaid stresses, and our sultans and Agong must abide by the wishes of the rakyat as expressed through their elected representatives in the executive branch. If citizens have made their wishes clear through an election that they would prefer a certain party and individuals to lead them or certain legislations enacted, the sultan must abide by that decision regardless of where his personal sympathy lies.

In short, there are no penumbras of rights and privileges emanating from those hallowed clauses of our constitution. The matter is clear: Sultans are bound by the law. Sultans cannot claim a penumbra of power based on daulat or divine mandate, as the Sultan as well as the Raja Muda of Perak tried to argue recently. Daulat is fiction.

READ MORE HERE

 

Rosli Dahlan triumphs again!

Posted: 26 Aug 2012 05:10 PM PDT

That is a startling arrogant statement that A-G Gani Patail can show his middle finger to the courts of this country and there is nothing the courts can do about it  because A-G Gani will definitely not allow himself to be charged before any court of law. No wonder A-G Gani Patail seems invincible despite the expose' on his Hajj exploits with Tajuddin Ramli's proxy, Shahidan Shafie; his interference with the Ho Hup Bhd Boardroom tussle and even the highly explosive book by Zainal AbidinAhmad titled 'Tan Sri Abdul Gani Patail: Pemalsu, Penipu, Penjenayah?'  

 

It seems that A-G Gani Patail can fix people up and practise selective prosecution (more like persecution) and there is nothing anyone can do about this.

 

Was that why, five years ago A-G Gani Patail dared to sanction the brutal arrest of  lawyer Rosli Dahlan and then make the Anti-Corruption Agency (now known as the the Malaysian Anti-Corruption Commission [MACC]) to charge him on Hari Raya's eve?

 

Was that why the MACC was not bothered about losing that case badly despiteits Deputy Director of Prosecution, DPP Kevin Anthony Morais, being exposed as a LiarWas that why A-G Gani Patail remained unperturbed and made the MACC appeal against Rosli's acquittal and kept that hanging on for two more long years but withdrew it last minute on the very day the appeal came up for hearing? Is it because A-G Gani Patail feels his conduct cannot be questioned by anyone, even by the Prime Minister? considered that as an abuse of power, malicious prosecution and prosecutorial misconduct and made that the central theme in my recent writings in these links: HERE, HERE, HERE

 

To my mind, abuses must be exposed and checked by the Courts– that simple! That is why I posted Tan Sri Robert Phang's Statutory Declaration describing how the MACC knew they had no case but was made to continue persecuting Rosli by A-G Gani Patail. I now understand why Rosli had filed multiple law suits against those him he considered "Rogues in Government" to seek accountability from them. Despite initial disappointments when dirty tactics were used in Rosli's criminal trial and goal posts were changed several times, Rosli was vindicated by the criminal courts.

 

Rosli is now pursuing civil claims against his perpetrators – 17 Defendants were named in his RM50 million law suit filed in 2008 including the Government of Malaysia. He also sued big mainstream media like Utusan Malaysia, The Star and The NSTUtusan Malaysia had published a public apology admitting that "their news article was untruthful and written in a sensational manner to generate publicity which exceeded the parameters of ethical journalism".

 

Rosli seems to be taking on the whole establishment. As I have seen how his family and career suffered during his incarceration and persecution, perhaps he should step back and think about his family. Many will be cheerleaders but eventually he will be standing alone in facing the onslaught from those in the corridors of power. That is my friendly advice because his path towards vindication has been quite a rocky climb and he has had to go through a baptism of fire.   

READ MORE HERE

 

The debt driven 5.4% GDP growth in Q2 2012

Posted: 26 Aug 2012 01:04 PM PDT

The Q2 2012 Gross Domestic Product growth of 5.4% seems to be a pleasant surprise from 1Malaysia administration.
The Second Finance Minister who is on top of the numbers pointed out the oil rigs are responsible.
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Tuesday August 21, 2012
Husni: 5.4% Q2 growth a boost for Malaysia
IPOH: The better-than-expected 5.4% growth in gross domestic product (GDP) in the second quarter is a confidence booster for Malaysia to perform better for the rest of the year.
Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah attributed the current positive growth to the resumption of operations at oil rigs, which had affected the country's production of crude oil previously.
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 According to Jabatan Statistik Malaysia, however, has more to say:
ECONOMIC GROWTH
The Malaysia's economy strengthened further to 5.4 per cent against 4.9 per cent in the preceding quarter led by continued expansion in the Services and Manufacturing sectors. The robust growth in Gross Fixed Capital Formation (GFCF) has driven the demand side.



The statistic seems to point to services as the catalyst, rather than oil rigs.
Notice also that the Perbelanjaan Penggunaan Akhir Kerajaan growth vs Perbelanjaan Penggunaan AKhir Swasta growth. For 2010, the government's growth in spending was 2.9% vs private at 6.6% but starting from 2011, the government spending growth exceeded the private sector and morphed onto double digits! Look at Q3 and Q4 2012 at 21.1% and 22.95% respectively.
The increase in Najib administration's expenditure is getting at very significant pace. When BN administration spend our tax payers' money, the usual stuff like Auditor General's horror stories, contracts awarded without open tender comes to mind.
With regards to services sector, the Jabatan Statistik has this to say:
SERVICES
The Services sector rose to 6.3 per cent supported by Wholesale & Retail Trade and Finance & Insurance. The growth of 5.9 per cent in Wholesale & Retail Trade was led by the Retail segment. In addition, the growth in Motor Vehicles segment accelerated to 8.4 per cent during the quarter (Q1 2012: 0.2 per cent) propelled by the higher sales of motor vehicles.
Finance & Insurance expanded to 6.6 per cent boosted by the higher fee income on banking activities and increase in premium income on insurance activity. Meanwhile, Business Services picked up to 8.8 per cent underpinned by professional services related to engineering activities.
The growth in motor vehicles sales is due to lack of viable public transport, the need to preserve Proton and hence the Malaysian public is burden with overpriced cars that build on hire purchase loans  and interest repayment.

The banking activities, however, have to be interpreted with the explanation on Construction further below:
CONSTRUCTION
The Construction sector expanded remarkably at 22.2 per cent from 15.5 per cent in the previous quarter. The growth was spearheaded by the robust performance in the Civil Engineering and Residential.
The vibrant performance of Civil Engineering at 39.8 per cent was spurred by major infrastructure projects mainly in Sabah, Melaka, Pulau Pinang and Perak. During the quarter, Residential continued the strong momentum at 20.1 per cent driven by the high-end residential projects in Klang Valley.
So residential housing is the key driver of growth but is this "growth" a quality growth i.e. improving the quality of life of the people? For a minority per yes but for the majority, house prices increase have far outstripped salary/earnings growth. Try asking for a salary increment that matches the house price increase and see what your boss say.
Therefore, while it looks good when economic growth is measured on inflated house prices, the sentiment on the ground is very much different.
Property market in certain parts of Malaysia, notable Klang Valley are subject of speculation.
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Efforts to curb property speculation
By Zaidi Isham IsmailPublished: 2012/08/15Share  PDF 
 THE government will initiate measures to address various issues gripping the property sector, including curbing rampant speculative activities in the market.
Metro Kajang Holdings Bhd group managing director Datuk Eddy Chen Lok Loi said for example, a house built in Perlis cost RM250,000 but the same house using the very same materials but built in KLCC would cost RM1 million
Meanwhile, National House Buyers Association secretary general Chang Kim Loong said all parties, including the government and developers, need to launch proactive measures to stop steep price increases in the property market due to false demand and excessive speculation fuelled by easy mortgages and low real property gain tax.
"There is a huge mismatch between what the average household income can afford to buy compared to what is available in the market. A homeless generation will emerge and create various social problems," said Chang.
Chang said the average rakyat in a major urban area was struggling to buy his dream home where the average household with income of RM5,962 in 2009 would not be able to qualify for a 90 per cent loan over a 30-year period.
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The crazy property prices mean crushing housing loan debts. And it will also deprive families of having more money to be spent elsewhere, curtailing their purchasing power hence hindering other consumer commercial activities. The crazy house prices have made many Malaysians bearing housing loan debts at beyond reasonable level compared to their earning as well as what their counterparts in other countries as the article below shows:
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Generally a  debt service ratio of 30% is acceptable, i.e. one third of a household income is used to pay off debt (principal and interest). However, the Malaysian household debt service ratio was 9.1% in 2006, rose to  49.0% in 2009 and dropped slightly to 47.8% in 2010. This means that on average almost half of a household's income goes to repaying debts.  Thus after paying off the debt there is not much left to spend on food, transport, education, and for emergencies. Should the breadwinner fall sick or lose his job, the family will find it hard to make ends meet and loans may be defaulted.
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In fact, the GDP numbers hide the ever increasing debtsnational debts which have to be paid by tax payers, housing and personal loans which also have to be paid by tax payers. This is no more than debt fuelled pumped up growth
That is why bankers are having a great day and it shows in their contribution to growth in GDP
 

We Need You on 308

Posted: 26 Aug 2012 01:03 PM PDT


We must once again, get together to show our might as one force, as an Anak Bangsa Malaysia leading to the final shove when the wall will crumble and fall, over the other side is a new beginning where hopes are renewed, where our dreams of a nation of brothers and sisters are realised and where opportunities are in abundance and sufferings no longer seen.

This is a dream that could only be achieved if enough of us believe in it and are willing to participate in action towards it. When we get together in pursuit of our dream we generate a powerful energy that permeates all strata of our society that will instinctively share the energy of the dream that we so desire.

To do this we must overcome whatsoever remnants of fear that stands to deny us of what is rightfully ours, if we can overcome this plastic fear that veils us from the truth we would be able to see in reality the power of our dream which will be clearly visible and within touching distance.

I beg you to understand one simple fact that this nation belongs to all of us and the fact that it is up to every single one of us, we should know that we need to act and not just talk or worse still, leaving it to others to fight for what we want. We are not spectators in this episode of our nation, we are not watching a movie with a box of popcorn, we are all the real actors that will decide the outcome of the conflict between good and evil, between failures and success, between ruins and opportunities, ruins if we leave it to others and opportunities if we were to act ourselves and in the words of my friend Haris Ibrahim is "to take ownership".

There are yet those who claims to be leaders yet holds half a pint of faith, their faith in their fellows is lacking and their sincerity unbinding, they fail to listen and their sights are blurred, they fail to seek out the people and see only numbers in creation when it should be in cohesion. They don't keep their house and don't understand the principles of sharpening their ax, which is shared by Abraham Lincoln here quoted; "If you give me 6 hours to chop down the tree i will spend 4 hours in sharpening the ax".

They them self add to the fear when they should be open to the challenges and remove all doubts from their fellows, their doubts are created when too much of self is in play, they must see the bigger objectives and the dreams of the people so that the power of the dream could be tapped and generated. This nation is not about political parties but about the people, the rakyat, it is not the call of the politicians but the call of the rakyat. And a good leader is in sync with the heart of the people and gets his own people prepared for the eventuality.

People, fellow brothers and sisters, we must take charge of this nation if you share the same dream that i think we share, the dream of a better nation for the next generation and we are the builders of that dream, all of us, let not others tell you otherwise, let not others tell you how it should be done, where they doubt your intellectual capacity and treat us like just another number and of lesser mind.

We need leaders of man not leaders of parties and groups where the play is in within and not with the rakyat at large, we need leaders who will share the truth and not those that treat you as a lesser being, yet again overlooking the power of the dream of the rakyat.
 
Kredit: www.malaysia-today.net

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