Ahad, 2 September 2012

Malaysia Today - Your Source of Independent News

0 ulasan
Klik GAMBAR Dibawah Untuk Lebih Info
Sumber Asal Berita :-

Malaysia Today - Your Source of Independent News


No free ride for Najib in Sabah

Posted: 31 Aug 2012 03:45 PM PDT

It has now become a trend where every time Najib comes to Sabah, Pakatan top leaders will also be around town at the same time. 

Luke Rintod, FMT

KOTA KINABALU: If the number of Peninsular Malaysia VIPs heading to Sabah today is any indication, the state holds a major trump card going into the impending general election that has to be called by mid next year.

Prime Minister Najib Tun Razak arrives in the state today, but Pakatan Rakyat top guns are hot on his heels and they will also be here from this weekend until mid-September to put a damper on his party and raise the stakes on what Sabah leaders can demand in return for support.

As Najib touches down in Sandakan for a two-day visit, PAS president, Hadi Awang, is scheduled to grace Sabah's Pakatan Rakyat Aidilfitri celebration at Sulaman Central not far from Kota Kinabalu.

Sabah Pakatan liaison chief, Ahmad Thamrin Jaini, when contacted, said Hadi is also scheduled to be at a Himpunan Hijau gathering in Beaufort, later this evening. Beaufort is supposedly the bastion of Lajim Ukin who left Umno recently to align himself with Pakatan.

According to Thamrin, Sabah Pakatan would also be holding a Malaysia Day Celebration on Sept 15 where PKR de facto leader Anwar Ibrahim would be present to deliver a speech together with DAP's Lim Kit Siang and other Pakatan leaders.

Though general election is not due until April next year, these Peninsular-based warlords had off late increasingly made Sabah their priority as the state, which has 25 parliamentarians out of a total 222, could well tilt the equation at the federal level after the election.

It has now become a trend where every time Najib, who is also Barisan Nasional chairman and Umno president, comes to Sabah, Pakatan top leaders would also be around town at the same time, grabbing attention from Sabahan electorates.

Karnival Rakyat Malaysia

Meanwhile, a FMT survey found out that giant billboards costing thousands of ringgit featuring pictures of Najib and his wife, Rosmah Mansor, have sprouted along the 75km-road from the state capital to Kota Belud where the couple are expected to attend a Hari Raya do on Sunday.

READ MORE HERE

 

Pakatan Rakyat: A new kind of opposition in Malaysia

Posted: 30 Aug 2012 02:26 PM PDT

Keith Leong, The Malaysian Insider

Malaysia's next general election — when it occurs — will be the most intensely-fought in the federation's history. There has been much speculation if and how the opposition Pakatan Rakyat coalition — comprising Datuk Seri Anwar Ibrahim's PKR, the long-standing DAP and the Islamist PAS — also arguably the most successful and long-lasting in Malaysia's history will be able to hold on to and indeed improve on the historic gains it won in the 2008 elections.

In my recently-published book "The Future of Pakatan Rakyat: Lessons from Selangor", I argue that changes in Malaysia's political landscape and the opposition parties themselves mean that a united and coherent opposition is possible in Malaysia and that — whatever happens in the next general election — Pakatan Rakyat has provided a template for a style of politics outside of the parameters set by the long-ruling Barisan Nasional (BN) coalition.

Opposition pacts in Malaysia — including the Gagasan Rakyat and Barisan Alternatif opposition alliances cobbled together to fight the 1992 and 1999 general elections — often collapsed soon after despite making some gains. As James V. Jesudason argued very persuasively in his chapter "The Syncretic State and the Structuring of Oppositional Politics in Malaysia" in Garry Rodan's seminal "Political Oppositions in Industrialising Asia" (1996), this was due to the "syncretic" nature of the Malaysian state.

He defined Malaysia's "syncretic state" as "a product of a particular historical-structural configuration that has allowed the power holders to combine a broad array of economic, ideological, and coercive elements in managing the society, including limiting the effectiveness of the opposition as a democratising force." To my mind, this means that successive BN administrations continued the colonial British practice of "divide and rule", whereby the various ethnic groups in Malaysia were kept apart politically, economically and socially. Whereas this was used by the imperial power to justify its presence, as a "honest broker" between the various races, it has been adapted by the BN to argue that its continuance in office as essential to maintain harmony between Malaysia's ethnic groups, whose interests at times seem irreconcilable.

BN's success can be attributed to their forging a syncretism in their style of government that was able to straddle these competing interests. They were able to squelch dissent by simultaneously using coercion such as the application of the now-dead and unlamented Internal Security Act (ISA) but also selectively co-opting oppositional groups like absorbing the opposition Gerakan in 1969.

BN's hold on power was also helped by the inability of Malaysia's opposition parties to come up with coherent alternatives to BN's syncretic state. First, because parties like the DAP, PAS and S46 were themselves largely composed along Malaysia's ethno-religious lines, they could be portrayed as "extreme" in these matters compared to BN. PAS's heartland was and is Malaysia's rural Malay-Muslim communities, while S46 appealed to their urban counterparts. The DAP, whilst theoretically multiracial, was and is largely Chinese or Indian in composition. This meant that they could never command as large a vote bank as BN, whose emphasis on economic development and political stability had cross-ethnic appeal. With the power of state patronage behind it, BN could effectively outbid all three parties in addressing ethnic aspirations, depicting itself as looking after the interests of all races.

Furthermore, the opposition's very different ideologies meant that it was very difficult to form permanent alliances between them. As we know, two previous attempts to form an alliance, the Gagasan Rakyat and Barisan Alternatif, eventually collapsed after PAS and the DAP were unable to agree with the former's quest to create an "Islamic state" in Malaysia. Jesudason argued that Malaysia's opposition parties tend to withdraw to their own ethnic constituencies to shore up support after brief attempts at co-operation.

The very fact that Malaysia's oppositional parties are primarily ethnic parties reinforces the notion of the syncretic state. Jesudason accused Malaysia's opposition parties of doing nothing to close the ethnic cleavages that perpetuate BN's rule by championing ethnic-based platforms. This in turn renders them vulnerable to BN's practice of coercion and co-option. For instance, opposition leaders who question Malaysia's constitutional settlements can be silenced via the various security laws. Conversely, the ruling regime can then win over Malaysians who may feel threatened by the perceived "extremism" of the opposition, for instance, non-Malays wary of PAS's political Islam or Malays worried about the DAP's vision of a "Malaysian Malaysia".

These factors, along with what Jesudason called the "enfeeblement" of class politics in Malaysia (i.e., the perceived pliancy of its middle class), have conspired to prevent broad-based and permanent oppositional alliances against Barisan and perpetuated its power.

Subsequent events however have suggested however that Barisan's "syncretic state" is breaking down. As Jesudason himself hypothesised but thought unlikely, Barisan's hold on power would continue as long as its Umno lynchpin was able to remain united, it's governments able to manage Malaysia's complex ethno-religious identities, as well as provide continued economic growth.

The record will show, however, that all of these contingencies have come to pass: Umno's unity was shattered (the sacking of Anwar and the spat between Tun Dr Mahathir Mohamad and Tun Abdullah Ahmad Badawi), it lost its ability to deal effectively with Malaysia's communal relations (the Hindu temple demolitions in Selangor, as well as the race-baiting against the Chinese Malaysian community by certain Umno leaders) as well as the loss of performance legitimacy regarding the economy (the Asian financial crisis of 1998 and the subsequent, numerous corruption scandals). The rise of the social media also meant that BN could not present selective messages, at least to Malaysia's urban middle class, as effectively as it had in the past.

Reformist elements in the opposition, on the other hand, spent the years after their drubbing in the 2004 general election regrouping and rebuilding. The release of Anwar in 2004 and his recommitting of the PKR to a multiracial, "Ketuanan Rakyat" brand of politics gave the opposition a bridge that could unite both its secular and Islamist elements. Anwar's adoption of ketuanan rakyat was also a turning point as it presented Malaysians with a Malay leader who had a vision for the country's future that all communities could equally accept.

The DAP too has and continues to make an effort to recruit not only technocrats (such as businessmen like Tony Pua and, more recently, academics like Ong Kian Ming), but also to try and shed perceptions that it is a "Chinese chauvinist" party and reach out to the Malay community. It has launched Roketkini, a Malay-language online news portal, as a companion to its already multilingual Rocket organ and has promised to field more Malay candidates in the next election. It is too early to tell if the Malay community will embrace these initiatives, but the unease by which they have been greeted by Umno suggests that it may not be completely futile.

PAS, too, has undergone remarkable changes. Whilst it's harping on the Islamic state and imposition of the hudud laws did much to turn off non-Muslim voters in the past, its setting forth of its "Caring Nation" agenda which emphasises its interpretations of Islamic notions of democracy, good governance and development suggests that it is attempting to present an more universalistic, or at least nuanced version of its struggle. Furthermore, the fact that it's technocratic (i.e. lay, non-ulama) "Erdogan" fact triumphed in its 2011 party polls and are now clearly driving the party also indicates that it is more responsive to the social changes in Malay society, which is rapidly urbanising and becoming more complex.

READ MORE HERE

 

Courts sending out mixed signals over statutory rape

Posted: 29 Aug 2012 03:36 PM PDT

The Star

NOW that their trials are over, former national youth squad bowler Noor Afizal Azizan can go on to fulfil the promise of his bright future and electrician Chuah Guan Jiu can focus on his fixed job and many years ahead.

Through it all, no one spoke of the 13-year-old girl Noor Afizal took to a hotel to spend the night with, or the 12-year-old schoolgirl who was "coaxed" to go to her 21-year-old electrician boyfriend's flat instead of to school because he said he was too sick to take her.

These were prepubescent girls who were deemed to have consented to sex with the older boys they were dating and Court of Appeal president Justice Raus Sharif wrote in his written judgment that Noor Afizal had not "tricked the girl into submitting to him".

In the electrician's case, Sessions judge Sitarun Nisa Abdul Aziz also thought the "sexual act was consensual", even though DPP Lim Cheah Yit recounted how the girl had repeatedly asked Chuah to take her to school. If she did give consent, there was certainly trickery and fraud involved.

The fact remains that the girls were 12 and 13, children barely out of primary school.

They are not old enough to be able to legally buy cigarettes, or even obtain medical treatment if they had contracted sexual transmitted diseases.

The law on statutory rape was meant to protect these very girls. Section 375(g) of the Penal Code states unequivocally that a man has committed statutory rape if he has sexual intercourse with a girl under 16 years of age, with or without her consent.

It is rooted in the presumption that girls below 16 have not attained the mental maturity to consent to sex, and this law was enacted to protect children from abuse. It places the onus on those around her to not have sexual intercourse with her, even if she gives consent, because she is not deemed mature enough to give consent.

In other words, the older guys should have known better.

Noor Afizal and Chuah were found guilty of raping the underaged girls, but were not jailed. They were bound over for five years and three years respectively on a RM25,000 good behaviour bond.

The public uproar has been over how these young men got away with a slap on the wrist, and how the emphasis has been on not blighting their future.

Our teenagers are growing up inundated with overt sexual messages from the media and the Internet, without the benefit of a full-fledged sex education curriculum, or avenues to get answers.

Clearly, our young people are having sex with each other but there is a line drawn by the law. And that is sex with girls below 16 children is off limits, even to their peers.

By letting Noor Afizal and Chuah off lightly, are the courts sending out mixed signals?

Are they saying these two girls aged 12 and 13 are capable of giving consent for sex, and are they saying future good behaviour is sufficient punishment for having sex with minors? What is the message that teenage boys and younger men are getting?

At the root of it all, this is about protecting our children boys and girls.

A 12-year-old girl was lured by a man twice her age into his flat, and coaxed into having sex with him, and he got away with a promise to behave himself for the next three years.

Where does that leave her? What about her worth? What are we doing for these two girls?

How do we protect other naive young girls from being sweet-talked by an older teen into a sexual relationship if he knows he could be found guilty of statutory rape but walk away with a promise to behave?

If we do not uphold unequivocally our intolerance of sex with underaged girls, what does that say about us?

 

Corbett Report Radio 205 – Spotlight: Malaysia with Nile Bowie

Posted: 29 Aug 2012 12:59 PM PDT

http://image1.frequency.com/uri/w234_h132_ctrim_ll/_/item/5/8/3/4/Spotlight_Malaysia_with_Nile_Bowie_58341704_thumbnail.jpg

(The Corbett Report) - We are keeping an eye on the different politics in Malaysia specifically the nefarious activities to prop up the opposition. 

Tonight we talk to Nile Bowie of NileBowie.blogspot.com about the latest developments in Malaysia. From the Trans-Pacific Partnership to the foreign-funded political opposition to the latest activities in the South-China Sea, we explore the stories that are making news across the country and around the Asia-Pacific region.

We are keeping an eye on the different politics in Malaysia specifically the nefarious activities to prop up the opposition.

Listen or watch the video at: http://www.corbettreport.com/corbett-report-radio-205-spotlight-malaysia-with-nile-bowie/

Did Taib ‘surrender’ oil right to BN?

Posted: 28 Aug 2012 02:55 PM PDT

Taib Mahmud was the federal-level Primary Industries Minister in charge of oil and gas when the Petroleum Development Act 1974 was passed by Parliament.

Free Malaysia Today

KUCHING: Chief Minister Taib Mahmud's turnaround on the oil royalty issue after 31 years in power and the fact that he preferred "private" and "amicable discussions" with the federal government have raised more questions.

Uppermost on the list is whether Taib and his predecessor and uncle, Abdul Rahman Yakub, had knowingly "surrendered" Sarawak's rights over oil and gas to the federal government.

Sarawakians who have read Taib's biography – "A Soul You Can See" – written by Douglas Bullis and who remember their history, would recall that Taib was the federal-level Primary Industries Minister who was in charge of the nation's oil and gas resources.

This being the case, was Taib responsible for the lopsided oil agreement and the Petroleum Development Act passed in Parliament in 1974?

The Act was passed following a confrontation between Opec (Organisation of the Petroleum Exporting Countries) and oil companies over oil price policies in 1973.

Expounding on the 1973 "crisis", Taib was quoted by Bullis as saying: "By 1973 I realised Malaysia and the oil companies were headed for a confrontation over their purchase price policies.

"There was too much take and too little give, and Malaysia's people have an ethic based on balance," Taib had said in page 88 of the book.

"Eventually I came up with the idea that we should base Malaysia's oil concession policy on shared production agreements.

"Naturally I was snubbed by oil companies who claimed the Malaysian government was moving towards nationalisation."

Taib's silence

Bullis said that it was obvious that Malaysia's post-1974 policy on taking control of Malaysia's petroleum interests from oil companies was largely Taib's works.

It is well known in Sabah that its then chief minister Mustapha Harun and his successor Fuad (Donald) Stephens refused to sign the oil agreement giving 5% of oil royalty to Sabah, but Sarawak under Abdul Rahman was said to be "too willing" and signed the agreement.

But the question is: Did the nephew and the uncle "surrender" Sarawak's rights over oil and gas to the federal government in order to please the then prime minister Abdul Razak in return for political and financial support?

Sarawak was at that time in turmoil following the sacking of its chief minister Stephen Kalong Ningkan in 1966.

At the time there were incessant allegations by the Parti Pesaka anak Sarawak president Temenggong Jugah anak Barieng that the Ibans were shabbily treated by Abdul Rahman and Taib.

Abdul Rahman was also facing an "internal rebellion" against his leadership from within Pesaka, which had by then (in 1973) merged with Parti Bumiputera to form Parti Pesaka Bumiputera Bersatu (PBB).

At the point of signing the oil agreement, Sarawak was said to be politically unstable and needed the support of the federal government.

READ MORE HERE

 

Weary nation keeps guessing

Posted: 28 Aug 2012 02:47 PM PDT

Why is the prime minister still toying with the polls date if he is so popular judging by the large numbers who attend his official functions?

Selena Tay, FMT

For readers who enjoy the 13th general election date-guessing game, the latest from the rumour mill is that Prime Minister Najib Tun Razak is now also considering an October/early November date besides the September option.

"However, the October or November date is dangerous for him as that is the Haj season and holding the polls during the Haj season will ruin his image as a Muslim leader as it infringes on Muslim sensitivity," said PAS strategist and Kuala Selangor MP Dzulkefly Ahmad.

PAS Shah Alam MP Khalid Samad concurred, saying that "if the Barisan Nasional government holds the general election during the Haj season, it will only serve to reveal the true colours of Umno which claims to champion Islam".

Besides, why is the prime minister still toying with the polls date if he is so popular judging by the large numbers who attend his official functions? Why is he still dragging his feet over the election date?

Moreover, Najib has also urged the rakyat to stick to certainty with the BN government which has a proven track record instead of choosing the opposition and uncertainty. An important point to note is that it was the prime minister himself who has proclaimed that this date-guessing is a national past-time.

"By certainty does the prime minister mean that we must stick to the certainty of rising corruption and soaring crime rate?

"It is certainly the ultimate in stupidity if, by certainty, we must stick to the same trajectory leading to the abyss of destruction. Is this what the prime minister meant when he said that we must stick to certainty?" asked Dzulkefly.

Dzulkefly also said that Najib has really no choice but to use the September date if he still wants to hold the polls this year because holding the polls during the Haj season will make him lose his credibility as a Muslim leader.

Or else, Najib should just simplify matters and hold the general election next year. But the major problem with holding the polls next year is that the global economic climate has become unstable.

Economy looks bleak

Dzulkefly also said that the current macro-economic figures of growth cannot be used to predict the health of the nation's economy in the long term as US, Europe and even economic powerhouse China are experiencing a slowdown.

"Malaysia's economy is powered by domestic consumption and right now the number of non-performing loans of individuals is steadily rising. This is an unhealthy trend. In addition, Malaysia's debt ratio which stands at RM653 billion is now at a very dangerous level as it has risen past the 55% benchmark of the GDP, which is the level set by Parliament that the nation must not surpass," he added.

This shows that the situation in Malaysia is not what it seems. There is more to it than meets the eye where economic figures are concerned. Besides, statistics are always debatable. One can always present one set of figures to debunk another set of figures.

Meanwhile, the federal government is daily issuing statements proclaiming the healthy state of the nation's economy. Does this sound reassuring?

Be that as it may, Najib is cornered where the general election date is concerned and it is due to his own doing. He has lost the element of surprise in the game that he himself initiated. Henceforth, the polls can be held anytime and Pakatan Rakyat is now standing ready.

Also, the Royal Commission of Inquiry set up to look into the problem of the illegals in Sabah obtaining citizenship needs six months to complete its work and the same can be said of the Oil Royalty Payments Committee. Both the RCI and the Oil Royalty Payments Committee will only complete their work next year.

Lacking innovative ideas

The federal government is also lacking innovative ideas on running the nation. When Pakatan or the rakyat bring up an issue, sometimes the government will respond and react. Otherwise, there is total silence as in the case of the dirty electoral rolls. Nothing exciting or awe-inspiring is coming from the BN leaders.

READ MORE HERE

 

Political heat to rise further

Posted: 27 Aug 2012 02:42 PM PDT

In the months leading up to the 13th general election, mud-slinging, allegations and all sorts of political brick-brats will be thrown about.

S Retnanathan, FMT

After more than a month of lull due to the fasting month and Hari Raya Aidilfitri, the country's political temperature is expected to rise further as political parties go, presumably, into the last lap before the 13th general election.

Both sides of the political divide are expected to crank up their engines in an effort to woo voters, especially fence-sitters, before registered Malaysians go to the ballots to pick 222 members of parliament and and 505 state assemblymen. The Sarawak state election for 71 seats was held in April, 2011 and would not be held simultaneously with the general election.

Political parties, be it the ruling Barisan Nasional or Pakatan Rakyat – a coalition made up of PAS, DAP and PKR – are expected to up the tempo to win the hearts and minds of voters and signs are abound that they would use the next few months to run down each other and prove that they can or should govern the nation for the next five years.

Prime Minister and BN chief Najib Tun Razak has yet to make any significant announcement on the date of the crucial election although political pundits had began the guessing game on the date of the polls since late last year.

The ruling BN won 140 parliamentary seats at the last election while the opposition mustered 82 seats. Opposition Leader Anwar Ibrahim had said just before the fasting month that Pakatan is poised to form the next federal government, winning more than 100 seats.

Whether this prediction would come true depends on this last lap. Najib has until March next year to dissolve Parliament and call for fresh polls.

"He now has two options. Go for full term or dissolve Parliament after tabling the 2013 Budget. If he does the latter, then we are looking at October or November election. If he misses this, then election would be next year," a BN component party head told FMT.

Najib, who is also the Finance Minister, is expected to table the 2013 Budget late next month in Parliament. Many are expecting him to use the budget to bolster support for the ruling coalition.

"The budget would be a sweetener. It would be a people's budget. I am certain he would give out incentives, subsidies and such. He would also announce one or two drastic measures to bolster support. It would be good for the people.

"Although the opposition would criticise this move as campaigning, it is Najib's right as prime minister. It has happened before during the time of Dr Mahathir Mohamad. He tabled the budget and subsequently called for election. We think Najib would take the same route," said the leader, who declined to be named.

BN firing salvos

It would also be interesting to see if the opposition-ruled states would dissolve their State Legislative Assemblies when Najib dissolves Parliament before March next year. Kelantan, Kedah, Penang and Selangor are in the hands of the opposition.

Pakatan had said that it would follow the federal dissolution if BN decides to call for polls after September this year and this is more likely to happen.

Although BN has been on the receiving end – and in some cases back-peddling – on issues brought up by the opposition, it has begun firing against Pakatan, targeting mismanagement of states ruled by the opposition.

Starting from Kedah, the BN claimed that the state was lagging in development and the bickering among Pakatan partners is a cause for concern. The PAS-led government in the northern state is also unstable after rebels in the party, who are also state assemblymen, openly asked Menteri Besar Azizan Abdul Razak to step down.

The BN is also firing salvos against the Kelantan PAS-led government, complaining of slow development and the lack of proper basic amenities. Over in Penang, the state government spearheaded by DAP is also under fire for various allegations of mismanagement.

So far, DAP secretary-general and Penang Chief Minister Lim Guan Eng has been on top of things, deflecting a barrage of criticisms thrown against the state government.

Selangor, the state led by PKR's Khalid Ibrahim, is reeling from revelations of mismanagement in the state government-owned Talam Corporation.

The problem with Pakatan-ruled states is that there is no concerted effort to deflect criticisms.

"The state organs are not utilised to the fullest due to politics. They should answer all issues brought up. They should not push them under the carpet or just blame the previous BN-led state governments. They should stand up and defend themselves. So far only Penang is doing it but in doing so, it blames the former state government for almost everything," a political observer noted.

While Pakatan had made inroads into Sabah by enticing two BN MPs to jump ship last month, it is very unlikely to create a huge dent on BN in the land below the wind.

READ MORE HERE

 

Not a sweet dream but a nightmare

Posted: 27 Aug 2012 02:36 PM PDT

When BN took over the state government in 1994, it promised a new Sabah within 100 days, but 18 years later, Sabah is the poorest state in the country.

Raymond Tombung, FMT

KOTA KINABALU: Barisan Nasional's "Janji DiTepati" slogan won't sell in Sabah, claims opposition State Reform Party deputy chairman Daniel John Jambun.

"There's just too long a list of unfulfilled promises by BN. I could list it out and it will fill a book. But for now I can list seven reasons why the slogan will be rejected," he said.

Topping Jambun's list is Sabah's security within Malaysia.

He said when Sabah was invited to join in the formation of Malaysia, the rationale bandied about at that time was the supposed threat from the Philippines, which had been claiming Sabah, and the threat by Sukarno's Konfrontasi to "Ganyang Malaysia" before the cockerel crowed on the dawn of Sept 16, 1963.

"The fear at that time was that without Malaysia, Sabah would be invaded and colonised by Indonesia.

"But strangely history has shown that these threats didn't go far as proven by the fact that Brunei not only survived but prospered.

"And when we became part of the federation, we didn't really get the security that we were promised.

"Ironically, it was the Filipinos and Indonesians who actually invaded Sabah, not as military forces, but as illegal immigrants. All the security forces of Malaysia – the army, the border police, the immigration officials – couldn't or wouldn't stop them!

"Where was the promise to guarantee us security?" he asked.

Not an equal-partner nation

Next on the list was the peninsula's promise not to "colonise" Sabah.

"(Former chief minister) Donald (Fuad) Stephens' biggest worry was that Sabah would escape from the clutches of British colonialisation and fall into being a colony of Malaya.

"But Tunku Abdul Rahman made a promise [to him] that Sabah and Sarawak would not become the 12th and 13th states of Malaya.

"But now this is what had happened. We are now unitary states instead of being independent, equal-partner nations in the federation as was originally understood.

"The promise not to colonise Sabah was flagrantly broken," Jambun said.

The third reason Jambun pointed out was the federal government's non-compliance with the terms of the Malaysia Agreement signed in 1963.

He said there was no compliance by the federal government on the five constitutional documents and/or constitutional conventions (the Federal Constitution, the Malaysia Agreement, the 20 Points, the IGC Report, and the Oath Stone) which formed the basis for Sabah and Sarawak's equal partnership as nations in Malaysia.

(The Oath Stone was erected in Keningau town to acknowledge Sabah's acceptance of joining the federation.)

The fourth point was that no proper constitution was drafted or passed.

"What we have is actually the constitution of the federation of Malaya amended to become what is now the 'Federal Constitution', which is the real reason why it is not called the 'Malaysian Constitution.'

"When they came up with the decision to use the Malayan constitution as the basis for the [Federal] Constitution we have now, there was already a hidden agenda.

"We were played out from even before the start of Malaysia," Jambun said.

Rights denied

His fifth reason was the rights and autonomy for Sabah.

"The 20-Point Agreement has many points which promised certain rights and autonomy for Sabah.

"These have now been taken away, eroded or simply denied, often without any proper legal process.

"That's why we no longer have freedom not to have any official religion, no longer have the right to arrange our own education system, to determine our own immigration rules and to retain the collection of our own taxes and use the money in accordance with our own economic plans.

"The 20-Point Agreement in fact is a list of not only broken promises but a list of rights and autonomy which were taken away unceremoniously," Jambun said.

The sixth reason, he added, was that Sabah was not consulted when the decision was made to expel Singapore from Malaysia.

READ MORE HERE

 

Will SNAP ‘succeed’ SPDP in BN?

Posted: 27 Aug 2012 02:31 PM PDT

Sarawak National Party has written to BN chairman Najib Tun Razak to enquire about its membership.

Joseph Tawie, FMT

KUCHING: If Sarawak National Party (SNAP) leaders chose to return the party to the Barisan Nasional fold, then it must be prepared to face the wrath of its Central Executive Committee (CEC) who have threatened to resign enmass in protest.

A senior SNAP leader, who delined to be named, told FMT that if SNAP president Stanley Jugol went ahead with his plans, then there will be 'war' within the party.

"If Jugol insists in joining BN, then many of us will resign from the party… There is no point in returning to the fold of Barisan Nasional.

"Firstly, they will bully you and treat you even worse than a dog.

"Secondly, SNAP is not likely to be allocated a seat to contest in the next general election if they join BN," he said.

The leader was commenting on reports that SNAP is studying the possibility of rejoining BN.

Jugol had reportedly said that SNAP was "mostly likely" to rejoin the BN instead of Pakatan Rakyat, which it had unsuccessfully engaged with last year.

Asked to elaborate on SNAP's intention, Jugol admitted that he had written a letter to the chairman of the Barisan Nasional to find out the status of SNAP membership with BN.

He said that it was vital to know if SNAP's status was still intact following the deregistration of the party in 2002 and the ensuing court cases which later rejected the decision of the Registrar of Societies to deregister the party.

Jugol reasoned that SNAP has never been expelled from BN nor did it quit the coalition.

Collective decision

According to Jugol, the answer from the BN chairman is important, because if the membership was still intact, then SNAP should be invited to attend BN functions and meetings.

"So far there is no reply from the BN chairman.

"But it is wrong to say that SNAP insists in rejoining, because the power of acceptance is with BN.

"Suppose BN rejects our application, then we feel 'malu'. What we want to find out is whether we are still with BN. That is all," he said.

And if the membership was no longer there, then the party would consider as one of its options to apply rejoining the BN.

"This is one of the options which we have discussed in our central executive committee (CEC) meeting last month," he said.

The other options are to maintain its status quo as an independent opposition party or apply to join Pakatan Rakyat (PR).

"There is nothing definite yet. We are still studying the options," Jugol said.

On the threats of resignation by some CEC members, Jugol said that whether the party would rejoining BN or align itself with Pakatan Rakyat, it would be discussed with the CEC members.

"All of us will decide what to do. It will be a collective decision," he added.

New lease in life

SNAP was given a new 'life' by the Court of Appeal in June 2010 after it was deregistered in November 2002 following a serious leadership tussle.

The tussle then was between a group led by the president James Wong and secretary-general Justine Jinggut, and another led by deputy president Peter Tinggom and by vice-president William Mawan Ikom (now president of Sarawak Progressive Democratic Party).

After SNAP was deregistered, its position and role in the BN was taken over by the SPDP.

SPDP was registered soon after SNAP was declared illegal by the ROS.

READ MORE HERE

 

Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

0 ulasan
Klik GAMBAR Dibawah Untuk Lebih Info
Sumber Asal Berita :-

Malaysia Today - Your Source of Independent News


'New flag' stunt raises ire

Posted: 01 Sep 2012 03:09 PM PDT

TREASONOUS ANTICS: Malaysians denounce Bersih supporters who want to replace Jalur Gemilang

Bersih supporters showing a flag at Dataran Merdeka on Thursday night in the run-up to the Merdeka Day countdown. (Inset) A flier that was distributed on Thursday night calling for the Jalur Gemilang to be replaced with a new flag. 

(NST) - MALAYSIANS from all walks of life have described the demands made by supporters of the Bersih movement for the Jalur Gemilang to be replaced with a different flag as "shameful" and "treasonous".

They are also incensed over the actions of the same group, which insulted Prime Minister Datuk Seri Najib Razak by stomping on his picture during the countdown to the Merdeka Day celebrations at Dataran Merdeka here on Thursday.

The supporters of Bersih, who claim to be championing for a better electoral system for the country, had displayed a flag they had created to replace the Jalur Gemilang and distributed flyers to the people to support their cause. Their actions can be seen in a video posted on YouTube.

Principal of a childcare centre, Velda Ooi, 44, said this was a disgrace to the founding fathers of Malaysia as they had toiled hard to create an identity for the country, which was symbolised by the Jalur Gemilang.

"I really can't believe the youngsters can do such a thing. So shameful... they don't even treasure our history, our pride and our identity.

"Why are they doing this?" said Ooi, who said she felt very angry over the group's actions.

Student Yogannath Thiruchelvan, 16, said Malaysians who did not appreciate the Jalur Gemilang were a disgrace to the country.

"When the Union Jack flag was brought down 55 years ago, our flag was hoisted. It is sad that these people do not know the significance of our flag and can do such a thing," said Yogannath who wanted the offenders punished.

Juice bar manager Muhammed Fitri Harun, 28, summed up the entire incident in one word: "Ridiculous!"

"They should be punished as this is an act of treason to our nation as a whole. The flag represents us all, the citizens. How dare they do such a thing?"

Meanwhile, attempts to get a response from Bersih co-chairman Datuk S. Ambiga were unsuccessful. She, however, yesterday tweeted her displeasure over an incident perpetrated by a Bersih supporter during the gathering.

A photo of a rally participant on the Internet showed him "mooning" pictures of Najib and his wife Datin Seri Rosmah Mansor as well as Election Commission chairman Tan Sri Abdul Aziz Yusof.

Another man is seen applauding his action, while yet another showed a rude gesture.

The organisers of the Bersih gathering, dubbed "Janji Demokrasi rally", did not respond to requests for comments.

Businessman Datuk Mohd Mahyidin Mustakim said he was upset when he saw the videoof the act and demanded that the culprits be punished.

"Memang kurang ajar (very insolent). What kind of values are they teaching the younger generation? This is not part of our culture.

"We are very well known for our humble and well-mannered behaviour," said Mahyidin.

Aizad Salleh, 27 who is a sales assistant in a shopping mall here said that it was a very disrespectful act.

"What have they done for the country? Now we are flourishing because of our current prime minister and the ones before him.

"If they can't be thankful, at least do not disrespect our leaders like this. They really should be brought to court and punished," said Aizad.

Financial consultant Susan Lim, 30, also felt that those who committed the act should be punished and taught a lesson.

"Who are they to behave like this? This is one of the most disrespectful things I have ever seen.

"No matter who it is that you hate, just don't do this. It brings you down as a person as well," said Lim.


 

Musa on radar of Swiss money-laundering probe

Posted: 01 Sep 2012 02:36 PM PDT

Swiss bank UBS is being investigated in connection with its relationship with Musa Aman.

(FMT) - KOTA KINABALU: A Swiss investigations into a money-laundering trail with its roots in the rainforests of Sabah is threatening to embarrass Prime Minister Najib Tun Razak and his Barisan Nasional coalition government.

Najib who is on a two-day visit to Sabah to bring a fractious state Umno headed by Chief Minister Musa Aman into line ahead of general election, is faced with discomforting international exposure that his government is corrupt to the core.

The timing of Swiss investigations into links between UBS, Switzerland's biggest bank, and the proceeds from illegal logging in Sabah couldn't be worse for the premier who is hoping to mollify the state which has increasingly shown signs that it is swinging over to the opposition.

Najib and his entourage will be visiting the Kg Rampayan Laut in Kota Belud today for a carnival-like political event where he hopes to prop up shaky support for his Barisan Nasional coalition government.

The premier who is also Umno president was in Sandakan on Saturday for a meeting with his state party officials.

Talk of a shake-up in Sabah Umno has been quashed by party officials close to Musa and spun as a gambit by his rival, Shafie Apdal, the current Semporna MP who is a trusted man of Najib, and is said to being eyeing the post of Sabah chief minister.

Umno insiders are warning of serious repercussions should Najib refuse to reinvigorate the BN. They claimed that party's interest must be put first and ahead of any personal agendas and failure to do so would be disastrous for the BN.

Reuters news agency yesterday reported that Swiss prosecutors have opened a criminal money laundering probe into UBS after environmental campaign group, Bruno Manser Fund, filed a complaint accusing it of links to the proceeds of alleged illegal logging in Malaysia.

The investigation could be a new embarrassment for the Swiss bank, fined for helping clients dodge US taxes in 2009 and facing similar accusations – which it denies – in Germany. It comes as Switzerland is trying to clean up its image as a haven for ill-gotten gains.

A spokeswoman for federal prosecutors said they had opened a criminal investigation into allegations of money laundering.

She confirmed that UBS was being investigated in connection with its relationship with Musa Aman.

Musa was accused in the complaint brought by Switzerland's Bruno Manser Fund in May of links to illegal logging in Borneo. The chief minister has previously dismissed graft allegations as a political conspiracy.

UBS has said it was cooperating with the investigation.

"UBS complies with the rules and regulations in all the markets where it operates," a spokesman who noted the bank is obliged to report to authorities fighting money laundering if it finds evidence it is holding assets of criminal origin, was quoted as saying.

In its complaint, the Bruno Manser Fund, which campaigns to save tropical rainforests in Borneo and the people who inhabit them, accused UBS of breaching its duty of care by accepting more than $90 million it said was earned from logging in Sabah. Citing documents it presented to Swiss prosecutors, it said the money was banked at UBS in Hong Kong and Zurich.

 

S’gor DAP branches reject Ganapathirau

Posted: 01 Sep 2012 02:28 PM PDT

Selangor DAP branches warn the party leadership that DAP would lose the Kota Alam Shah seat if Ganapathirau, a former ISA detainee, is fielded.

Athi Shankar, FMT

KLANG: Eight DAP branches here have called on the party leadership not to field V Ganapathirau (photo) as candidate in Kota Alam Shah state seat in the next general election.

The branches, all from the state constituency, warned the party leadership that the DAP would lose the seat if Ganapathirau, a former detainee of now repealed Internal Security Act, was fielded.

The DAP eight branches, with collectively some 500 members, openly opposed Ganapathirau are Taman Gembira, Klang, Teluk Pulai, Bayu Tinggi, Taman Chi Liung Indah, Southern Klang, Persiaran Raja Muda Musa and Ehsan.

The group spokesman Ivan Ho said they were all against Ganapathirau because he was not a local familiar with the party grassroots leaders and members, or constituents in the area.

Ho said Ganapathirau does not have close rapport with party grassroots in the constituency, a winning factor so crucial for a potential candidate.

He urged the party leadership to respect grassroots sentiments and not to force in parachute candidates like Ganapathirau in Kota Alam Shah.

"DAP members and constituents don't know him much.

"The party should not push us to accept Ganapathirau.

"We don't want him," Ho, the Taman Gembira branch head, told FMT.

Kota Alam Shah incumbent assemblyman is M Manoharan, a protégé of DAP national chairman Karpal Singh.

It's learnt Selangor DAP leadership under Teresa Kok planned to replace Manoharan, also a former ISA detainee, with Ganapathirau.

Ganapathirau is a staunch confidant of deputy secretary general and Penang Deputy Chief Minister II P Ramasamy.

Not an Indian hero

Taman Chi Liung Indah head K Yogasigamany reminded the state party leadership that time had lapsed to promote the Ganapathirau as a former ISA detainee and his so-called involvement in Hindraf Makkal Sakti.

He said DAP grassroots members and constituents know that Ganapathirau, who now leads NGO Malaysian Indian voice, was not a Hindraf leader.

"Constituents have realised that Ganapathirau was never the Hindraf leader or Indian hero.

"He is no more relevant for Indian community.

"It will be futile and fatal for party leadership to field Ganapathirau in Kota Alam Shah.

"The leadership should drop the idea altogether," Yogasigamany told FMT.

 

Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

0 ulasan
Klik GAMBAR Dibawah Untuk Lebih Info
Sumber Asal Berita :-

Malaysia Today - Your Source of Independent News


Nefarious act of betrayal

Posted: 01 Sep 2012 03:38 PM PDT

Party-hopping is a potent threat to parliamentary democracy and it is hoped that politicians will come to grips with this issue in a bipartisan manner.

Roger Tan, The Star

THE great Winston Churchill (1874-1965) was known for party-hopping. In 1904, he changed parties from the Conservative Party to the Liberal Party, and was made Under-Secretary of State for the Colonies in 1905. He officially returned to the Tories in 1925 after he failed in two successive attempts to win a seat as an independent.

On record, his reasons for defecting to the Liberals were the Conservatives' reluctance to undertake social reform and their protectionist policy of favouring trade with the British Empire. But on the other hand, the Liberals were then an up-and-coming party, and his calculated move obviously did catapult him to high office at the rather young age of 31.

Of course, admirers and detractors of Churchill would respectively describe his act as one of political conscience and opportunism. But that is immaterial as until today, the British parliamentary system still does not proscribe party-hopping which also has different nomenclatures such as party-crossing, party-switching, party-leaping, floor-crossing and waka-jumping.

Like any democracy, regardless of it being an established or an incipient one, Malaysia too faces this perennial problem of party-hopping and elected representatives resigning from their political parties to become an independent.

Hence, we are not short of inveterate party-hoppers. One of them is Sabah State Reform Party (Star) chairman Datuk Dr Jeffrey Kitingan. Prior to this, he had joined Parti Bersatu Sabah (PBS), the Parti Bersatu Rakyat Sabah (PBRS), Angkatan Keadilan Rakyat (now defunct Akar), United Pasokmomogun Kadazandusun Organisation (Upko) and Parti Keadilan Rakyat (PKR).

It is, therefore, not surprising for such politicians to be given various undignified names such as political frogs, traitors, lepers and chameleons.

But we not only do not have any anti-defection law, but the Federal Constitution guarantees the freedom of association – that is the right to join or not to join an association or dissociate from it.

The justification for this is best summed up by the eminent Indian jurist, Nanabhoy Palkhivala, in his book, Our Constitution Defaced and Defiled:

"No greater insult can be imagined to members of Parliament and the state legislatures than to tell them that once they become members of a political party, apart from any question of the party constitution and any disciplinary action the party may choose to take, the Constitution of India itself expects them to have no right for themselves, but they must become soulless and conscienceless entities who would be driven by their political party in whichever direction the party chooses to push them."

However, today the Indian Constitution not only disqualifies an elected representative if he resigns from his political party but also if he votes or abstains from voting contrary to any direction issued by his political party without its prior permission or without having been condoned by his political party within 15 days after the date of voting or abstention.

In fact, there are about 40 other countries which have various anti-defection laws.

Our neighbour Singapore has a provision in Article 46 of her Consti­tution which disqualifies a member of parliament if he ceases to be a member of or is expelled or resigns from his political party. Hence, a by-election was held on May 26 this year when Hougang Member of Parliament Yaw Shin Leong was expelled by the Workers' Party on Feb 15 for alleged extramarital affairs.

In Malaysia, freedom of association is enshrined in Article 10(1)(c) of the Federal Constitution, but Article 10(2)(c) and (3) allow Parliament to impose such restrictions as it deems necessary in the interest of security, public order, morality, labour or education.

In the 1992 case of Dewan Undangan Negeri Kelantan v Nordin Salleh, the Supreme Court (now Federal Court) ruled that an amendment to the Kelantan state constitution prohibiting party-hopping was inconsistent with Article 10(1)(c). The apex court declared that such a law was invalid because the restriction imposed by the Kelantan Constitution could not be a restriction imposed under Article 10(2)(c) and (3) of Article 10 as it was a law passed by a state legislature and not the Federal Parliament.

In the words of the then Lord President, Tun Abdul Hamid Omar: "It is, in our view, inconceivable that a member of the legislature can be penalised by any ordinary legislation for exercising a fundamental right which the Constitution expressly confers upon him subject to such restrictions as only Parliament may impose and that too on specified grounds, and on no other grounds."

It follows that any anti-hopping law if passed by the Penang state legislature will be inconsistent with Article 10 since our apex court has already declared that only Federal Parliament can impose any restriction on freedom of association and dissociation such as on the ground that party-hopping is morally reprehensible. And this cannot be done by way of an amendment to a state constitution or an ordinary legislation passed by a simple majority in Federal Parliament.

In other words, for any anti-hopping law to be intra vires the Constitution, amendments must first be made by Federal Parliament to Article 10 or Article 48(6) (which disqualifies a person who has resigned from the Dewan Rakyat membership from running again in a general election for a period of five years from the date of his resignation) and section 6(1) of Part I of the Eighth Schedule to the Federal Constitution.

In this sense, one would have expected the Penang state government to be more respectful of the Federal Constitution when Article 4 declares that the Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with it shall be void. To pass a law knowing that it is invalid but with the hope that someone will challenge its validity at the Federal Court is indeed an example of bad governance and it says a lot about the government's lack of respect for the rule of law and constitutional supremacy.

That said, personally I would support an anti-hopping law.

Having seen the amount of politicking and instability since 2008 caused by those who have defected or become independents, including the Sept 16 fiasco, I believe such a law will provide stability especially if the next election is going to be the most keenly contested one in our nation's history.

In fact, hitherto none of the defectors is near the stature of Churchill and neither has any one of them impressed me to be doing out of their own conscience other than perhaps for their own personal aggrandisement. It is also rumoured that some have turned into multi-millionaires overnight.

Be that as it may, party-hopping is a potent threat to parliamentary democracy. It is a nefarious act of betrayal especially when it can be employed as an extra parliamentary means to topple a democratically-elected government. In fact, this issue is many times more crucial than those advanced by Bersih!

Therefore, by prohibiting our elected representatives from switching their political allegiance, it will ensure that the sacrosanct will of the people expressed through the ballot box is respected. If they defect, the inevitable consequence must be that they give back their seat or seek a fresh mandate.

It is hoped that politicians will come to grips with this issue in a bipartisan manner as it will not bode well for the nation if due to this we are plunged into political chaos or the country comes to a standstill after an election.

Currently, all political parties are in one way or another hypocritically guilty of condoning and enticing party-hopping.

One can only hope that they will remember and remember it well that what goes around will come around to haunt them.

The writer is a senior lawyer.

 

Doing battle over land deals

Posted: 01 Sep 2012 11:27 AM PDT

Cheap sale: Oh (in the foreground) showing the various public properties that he claimed the Lim administration sold off to private developers and individuals.

Cheap sale: Oh (in the foreground) showing the various public properties that he claimed the Lim administration sold off to private developers and individuals.

Barisan Nasional politicians have been on the warpath over the way the Penang state government has been selling off land to private developers.

Joceline Tan

PENANG'S famous Esplanade has been quite a political hotspot ever since the Speaker's Square was located there. It is the Pakatan Rakyat government's gesture towards democracy and free speech in the state.

But things got a little too hot last weekend when a blue truck drove up to the spot and the occupants on board launched an instant ceramah criticising the state for selling off land to private developers.

It was the Barisan Nasional's mobile war truck, a refurbished mini lorry that opens up into a small ceramah stage, equipped with sound system and projection screen. The mobile war truck idea came about after Barisan was denied the use of public community halls and fields for ceramah purposes by the Pakatan government. It immediately drew a small crowd of mostly curious onlookers.

But Speaker's Square is said to be patrolled by loyal DAP supporters, who hang around the place, ready to heckle speakers who criticise their party. That was more or less what happened last Sunday. Jeers and boos erupted from several people when state Barisan Youth chief Oh Tong Keong, who is a superb Hokkien speaker, began his "Penang For Sale" talk.

"We know you were angry and decided to vote for them. But we must vote for a government that works hard, creates jobs, builds affordable houses, not a government that sells off the people's land. Penang people like to shop during cheap sales, but Penang land is not for cheap sale. One day, Lim Guan Eng may even decide to sell off Komtar," said Oh who is also Penang Gerakan Youth chief.

Oh and his Gerakan colleagues have been a thorn in the side of the Pakatan government over the sale of public land.

The most controversial transaction thus far has been Taman Manggis, a piece of land in the heart of George Town that the Barisan administration allocated for housing for the poor and which the Pakatan government has reportedly sold to a company to build a hotel and private medical centre.

Dr Thor: 'DAP trying to sell Penang's land, sea and sky.' Dr Thor: 'DAP trying to sell Penang's land, sea and sky.'

Oh said it was "taking from the poor to give to the rich" and named Chief Minister Lim Guan Eng "land broker of the year". Oh's team also asked about a certain "Miss P" who owns the bungalow rented out to Lim and who apparently has links to the hotel and medical centre project.

Lim retaliated by slamming Oh as "brainless, childish, immoral, dirty and shameless" while also accusing him of dragging the owner of his rented residence into politics. But strangely enough, he did not deny the alleged connection of "Miss P" to the project.

The string of names shot Oh to some degree of fame and as he stood on top of the truck last weekend, he held up the Chinese language newspaper of the report.

"It's okay, he can scold me, I don't mind. It's also okay that Guan Eng couldn't build any low-cost houses. But it is not okay for him to take land from poor people to give to rich people," he said, as some people clapped while the DAP supporters booed.

By then, one of the DAP guardians in the audience was using a loud hailer to shout down Oh. It was Malaysian-style democracy at work; people are all free speech but they only like it when the speaker is saying things that they want to hear.

Incidentally, there was a "war casualty"; the man with the loud hailer was so worked up over the war truck ceramah, he suffered chest pains and had to be hospitalised. However, he had several VIP visitors the next day in the form of Lim, state exco member Phee Boon Poh and assemblyman Ng Wei Aik and there were bouquets of flowers around his bed.

Ironic statement

But the funniest part of the Barisan war truck incident was that Lim condemned it as an illegal assembly and threatened to use the illegal assembly law against them. This was coming from the man whose party used to condemn the illegal assembly legislation.

"If they do it again, I will inform the police and MPPP (Penang Island City Council) to take action," Lim said.

Jong: 'Penang people want sustainable development.' Jong: 'Penang people want sustainable development.'

There has been too much emphasis on glamour projects and too little on rakyat-type of projects. It was only after the Taman Manggis case exploded that the state government quickly said they would allocate a site for low-cost housing. Among all the DAP YBs, only Jelutong MP Jeff Ooi has spoken out and made a stand on housing for the poor.

After the 2008 victory, DAP strategists and advisers had the impression that Penangites were starved for development. The party's developer friends had complained about Tan Sri Dr Koh Tsu Koon's cautious approach on development and they thought the way into the hearts of Penangites would be through more development

Lim announced a barrage of mega projects which he thought would impress Penang folk but proposals like the undersea tunnel and super-highways have backfired. The protests against unchecked hillslope projects also came as a shock to his government.

Mega projects bring a lot of side effects and should not be rushed through without proper studies and planning. It is quite ironic that while people complained that Dr Koh did not bring more development, the complaint now is that Lim is too pro-development.

"People do not mind development but it also means more people and cars. Penangites want assurances about traffic and the environment. They want sustainable development," said Datuk Richard Jong, the new deputy president of the Penang Chinese Chamber of Commerce.

The Barisan side can understand why Lim is into mega projects he wants to build his legacy and leave a visible mark. But they are puzzled why Lim is selling off plots of land belonging to the state and MPPP from the sale of the 41ha Bayan Mutiara land to smaller lots in the city.

Lim could have saved himself a lot of trouble by being more upfront about the land sales. It is possible some of these smaller properties are sitting there not generating any income. Selling them would add to the state's coffers and provide revenue to fund future projects.

Instead, he has claimed that he is doing it to "save money for the people".

Questionable transactions

When the opposition queried him about the land sales, Lim demanded that they show proof of what they are saying which is ridiculous because the onus is on Lim and his team, as public servants, to explain and defend their decisions.

All this has paved the way for his opponents to conclude that the state's Freedom of Information Act and its CAT policy to promote competency, accountability and transparency are just for show.

Ooi: The only DAP man who fought for low-cost housing Ooi: The only DAP man who fought for low-cost housing

Basically, Lim's critics think it is wrong to sell off public land without a good reason. Land is a scarce commodity especially on the island and they think that it should be developed via joint-venture so that the property remains in public hands. Moreover, they claimed that some of these transactions were below market value.

Gerakan publicity chief Dr Thor Teong Ghee has been very critical of the Bayan Mutiara deal for several reasons. He said the land, which the previous government had intended for the new state government complex, was sold at below market value. Secondly, it was sold to a developer whom he claimed did not have a sound track record.

There has been no clear explanation about how the land is to be developed and Dr Thor's fear is that instead of developing it, the new owner may break it in smaller parcels and resell at a hefty profit.

"Just imagine, it would be like Tun Dr Lim Chong Eu earmarking a huge tract of land to develop as the Free Trade Zone and selling it to one company to do as he likes," he said.

Those on the Barisan side know what they are doing may not necessarily change people's mind about the DAP but they say Lim has got away with too many baseless accusations. They are telling him not to simply blame or accuse the previous government. They say they are not going to take it lying down; they are fighting back.

For instance, when Lim wanted to appoint Datuk Patahiyah Ismail as MPPP president in 2009, it was pointed out that the Local Government Act 1976 states that the president has to also be a councillor but the 24 councillor posts were already filled.

When Penang Gerakan chairman Datuk Dr Teng Hock Nan, a former MPPP president, questioned the legality of Patahiyah's appointment, Lim accused Dr Teng of being anti-woman and slammed him as "chou nan ren (bad man)". Dr Teng had made a valid observation but Lim was then riding so high that he could say and do what he liked.

The hate and blame game was quite entertaining for some people in the first few years but after four years, even DAP people are growing uncomfortable about it. State exco member Chow Kon Yeow has told reporters that it is time to act like the government of the day and take responsibility.

Dr Koh's administration was not perfect, it had weaknesses and mistakes but it was certainly not as terrible as Lim has painted it out to be.

Dr Koh was a real Penang-born gentleman, he did not shout at journalists or bar them from his press conferences. He did not simply call people liars and racists just because they questioned what he did.

He did not blame people when things went wrong nor did he claim credit for what he did not do and he has made a graceful exit. Journalists are beginning to appreciate Dr Koh for his finer points just as they are starting to see the real Lim.

Lim seems to have his back against the wall over the land sales especially on the Taman Manggis land case. It looks real bad for a government to sell land meant for the poor to build a hotel and private hospital. It is an emotive issue and it has refused to go away simply because the answers from the state have not been convincing at all.

Last week, when Lim was asked about it for the umpteenth time, he exploded and said it was all lies created by Teng Chang Yeow (Penang Barisan chief) and that Teng would sell off the whole of Penang if he became Chief Minister.

Two days later, Dr Thor returned fire he said that Lim had sold the land, the sea and even the sky of Penang. The land referred to the land sales, the sea referred to Lim's plans for an undersea tunnel and the sky referred to the increased building density that some developers are enjoying.

It is game on. There will be no elegant silence on both sides.

 

Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

0 ulasan
Klik GAMBAR Dibawah Untuk Lebih Info
Sumber Asal Berita :-

Malaysia Today - Your Source of Independent News


Who's the ultimate ruler of Malaysia?

Posted: 01 Sep 2012 07:51 PM PDT

Then (and even now) I have nothing against monarchy PROVIDED those royals remain as constitutional heads of state, whether of Malaysia the nation or of the respective nine states with Sultans (and a Raja), based on my understanding of the concept of constitutional monarchy in a democracy.

Sometime in August 2007 I read with some alarm a letter to Malaysiakini titled No more backbenchers' role for Rulers written by a person with the pseudonym of Truly Malaysian which stated, in my humble opinion, dangerously for our democratic system:

It is definitely a light at the end of the tunnel that the Malay rulers have finally decided to have their say in the recent fiascos that has gone beyond the normal tolerance level of the public.

The rulers have finally realised that we as a nation are heading towards obscurity. They are now really living to the true manifestation of being the rulers. [...]

It is, of course, better late than never, and aren't we all are glad that the Malay rulers have finally decided to take a stand and voice their own dissent on various affairs that do not serve the public's and nation's interests at large. [...]

Although they have played the backbencher's role in the past, they are now coming forward and we should hand them our support for them to play a more pertinent role in moulding the future of the nation rather than moulding the future for a few.

For a start, the writer didn't even know what was(is) a backbencher, and to refer to the rulers playing the backbenchers' role showed his bizarre and Truly pathetic ignorance. 

But no doubt he/she would have changed his/her opinion by now with the sad advantage of hindsight of royal interference in the Perak political debacle.

Anyway, I had then with the gravest concerns written to MKINI the following:

I refer to Malaysiakini letter No more backbenchers' role for Rulers which has me rather worried.

The author might not have realized the constitutional implications of his words such as "The rulers ... are now really living to the true manifestation of being the rulers ..." and "... Although they have played the backbencher's role in the past, they are now coming forward and we should hand them our support for them to play a more pertinent role in moulding the future of the nation ..."

While I understand the author's euphoria over the Council of Rulers' rejection of the PM's candidate for a senior judicial position, I note that the author's infatuation with the royal dissent came on top of several other high praises for the Perak Prince and Sultan of Selangor when the two, especially the former, raised their voices on issues closed to the dissatisfied public's hearts.

Dr Chen Man Hin

The author has not been alone for Dr Chen Man Hin, a former DAP strongman, had even proposed the Perak Prince as an advisor to the Prime Minister (PM).

It would seem that the rulers are making a comeback after years of public scorn at their irrelevance, perhaps caused mainly by one particular individual, who had believed he could still rule as per medieval times, as an absolute monarchy.

I most certainly appreciate the Perak Prince's reminder of our constitutional pillars, though in reality he didn't say anything much that the Opposition hadn't pointed out before. But yes, his official stature gave his words more force (and attract more attention) than a Lim Kit Siang or a Nik Aziz could manage.

But we need to remember Malaysia is a democracy built around a constitutional monarchy, meaning the voice of the people, and not those of the rulers, prevails.

Sure, our royalty as in the model of the Perak Prince, the Council of Rulers questioning the PM in his choice of a candidate for the bench, and the pronouncement of the Sultan of Selangor to keep politics out of our Merdeka celebrations have been most welcome. They have both a constitutional role and an exemplary role model to play.

But we must never talk as if, or even suggest that they had been 'backbenchers' moving forward (presumably) to the 'front bench'.

That's dangerous talk, to suggest the rulers may play a direct political role (or even as an political advisor to the PM) while serving as respective Heads of States or as the Yang Di Pertuan Agong, or still retaining their royal prerogatives.

It's certainly a sign of our frustration with the current government that some of us believe the royalty could and would be our saviour. We, the politically frustrated public members, are in reality grasping at straws in much the same way as many of us had embraced a former UMNO reject as a political saviour against a previous regime even when there was no evidence of his reformist qualities during his various ministerial roles.

in a democracy

No matter how good any individual royalty is, no matter how bad any politician is, let us not unwittingly change our system of constitutional monarchy to one of absolute monarchy, or of one where royalty has a greater degree of direct political participation. That will be a regrettable step backwards.

That was in mid-2007.

Exactly a week following the March 2008 general election I wrote another post Lim Kit Siang opened Royal Pandora Box? where I criticized Uncle Lim as follows (extracts):

Lim Kit Siang

So Malaysiakini tells us that the political Deal's stitched, & it's all systems go for Perak.

 

Alas, the parties have finally acquiesced to royal demands, with many of them forgetting that in a political democracy it's the political party which commands the majority in the State Assembly (outright or through a coalition, formal or otherwise) who picks the CM or MB (or at the federal level, the PM) to be approved by the constitutional ruler.

 

I had posted this reminder of the people's right and power two days ago in Perak Papadum Ping Pong Primadonnas, where I stated:

 

Raja Nazrin

… kaytee believes the coalition has done something quite stupid. In submitting 3 names to the Sultan to choose it has unwittingly involved royalty in State politics in an unprecedented way.

It's not for the Sultan to choose from a list of three.

Certainly the Sultan can disagree with a name but he should only be given one name (at a time). For example, the Sultan could say no to DAP Ngeh and say, gimme another name!

But it's not for HRH to be given 3 names and decide on one he prefers.

The choice of an MB is a political one and to be left to the political parties as elected by the rakyat; the acceptance of the choice is the prerogative of HRH, but HRH cannot and should not be making a political decision by choosing one name from a list of three.

Yes, the ruler cannot reject the candidate forwarded for his approval, save where there is perceivable concerns the candidate has a dodgy record or perhaps is infirmed, etc* which may affect the proposed candidate's ability to head the State government.

 


* an example of 'etc' being the case of the new Selangor State government where the ruler wanted to confirm the new MB has the support of the loose coalition –see my post Post election snippets (1). I stated: "The Sultan wants to ensure that the coalition can be a stable one. Obviously he doesn't want his State to be run like Italy, where shaky minority governments are changed faster than underwear."

 

HRH Sultan of Selangor

Now, the Star Online has indicated two worrying cases where the State rulers of Perlis and Terengganu have taken it into their hands (or heads) to appoint their choices against that proposed by the winning political party. [...] 

In the rulers' increasing (and unjustified) discretion in such appointments the Sultans must have found comfort from the support (direct or otherwise) of the stupid political parties undermining each other.

The rulers had been living in tolerated disgrace following the castration of a notorious royal brother by Dr Mahathir (rightfully so and an action fully supported by most Malaysians), but since then they have (under a certain erudite leader) slowly but steadily been clawing their way back to prominence and regained respect and adulation from their subjects.

READ MORE HERE

 

Sultans’ Daulat Is A Myth – Part Two

Posted: 01 Sep 2012 02:22 PM PDT

Zaid begins his book by briefly tracing the history of Malay sultans. Unlike the Japanese Imperial family that stretches as far back as 600 BC, or the British to the 11th Century or even earlier, Malay sultans are of recent vintage. The Raja of Perlis was established only in 1834, while that of Johor only slightly older (1819).

In modeling the Malaysian constitutional monarchy along the British one, the Reid Commission assumed that Malay sultans were like English kings. That was the first major blunder. To Zaid, it also underscores the pitfall of trying to adopt wholesale foreign concepts or models, not just in law but also much of everything else.

Those English monarchs have had centuries of working with a democratically elected government. Earlier, a few of them have had to pay dearly for their errors. Consequently today their system works smoothly. Not so with Malay sultans. Up until British rule, Malay sultans were literally Gods; those sultans could actually take your life. Displease the sultan or prevent him from grabbing whatever you own including your daughter or priced kerbau (water buffalo), and you risked being beheaded, banished, or enslaved (kerah). Those sultans were not above the law as there were no laws then; they were the laws.

Malays like me have a lot to be thankful to those colonials for ending those odious royal traits of our culture. No, that is not an expression of my being mentally colonized, rather one of deep gratitude.

Malaysia has a disproportionate number of monarchs, 9 out of the nearly 40 worldwide, as Zaid and others have noted. The error in that frequently cited observation is the assumption that our sultans are comparable to those other kings and queens; they are not. There is little in common between Malay sultans and the British Queen or Japanese Emperor. Instead, Malay sultans have more in common with the tribal warlords of Africa and Papua New Guinea, from their insular worldview to their fanciful costumes. The Papuan tribal chiefs have their elaborate colorful headgear, as well as their prominent penile sheaths which they proudly display; ours have their equally ostentatious desta and tanjak.

Like those tribal chieftains, our sultans' too are afflicted with their feudal habits. Modernity has not erased our sultan's medieval mentality. When Malaysia became independent, those odious habits began creeping back. Those sultans are not to be blamed entirely, however.

"The Rulers' unwillingness to remain within their constitutional roles has been further aggravated," Zaid writes, "by a lack of conviction and courage by the institutions that are supposed to protect and preserve [our] … constitution." Stated differently, our sultans have many enablers. We allow them to regress. We tolerate them when they flout the rules.

Members of the Malay royal family are perfectly capable of behaving themselves and keeping within the rules if they were to be told in no uncertain terms that their tantrums would not be tolerated. Consider their behaviors during colonial and Japanese times. It was the sultans who sembah (genuflected to) the colonial and Japanese officers. Today when these Malay princes and princesses are down in Singapore for example, they obey even the basic traffic rules. Those rajas would not dare pull their silly stunts down there; they would be immediately punished. Likewise, if one of our sultans were to skip on his Vegas casino gambling debts, our ambassador would have to quickly bail him out of the county jail.

Just as a child whose earlier tantrums had not been corrected would grow up to be an intolerable brat, likewise when our sultans strayed earlier on and there was no one to restrain them, that only encouraged them to go beyond. A few decades later their excesses would trigger the constitutional crises of the 1980s and 1990s that led to the amendments ending respectively the rulers' power to veto legislations and stripping them of legal immunity in their personal conduct.

Both were possible because of the strong executive leadership of Prime Minister Mahathir. Today with a government with a less-than-robust mandate and a leader with a banana stem spine, the sultans are emboldened to re-exert themselves; hence the insistence of their daulat or special status.

READ MORE HERE

 

Kredit: www.malaysia-today.net

Malaysia Today - Your Source of Independent News

0 ulasan
Klik GAMBAR Dibawah Untuk Lebih Info
Sumber Asal Berita :-

Malaysia Today - Your Source of Independent News


Sabah can’t be compared to Alaska and Hawaii

Posted: 01 Sep 2012 03:19 PM PDT

Daniel John Jambun

Two BN leaders, namely Datuk Yahya Hussein and Datuk Donald Mojuntin, thought they had a good point when they said that we shouldn't be too fussy about the date of our National Day, that celebrating it on August 31st shouldn't be made an issue because it is not that important. Yahya had said that a good example is Alaska and Hawaii who joined the United States but never made a fuss about their national day or independence day.

But several facts about history beg repeating to get a clear perspective of Yahya's argument. First, Sabah was not annexed into the Malaysian Federation like Hawaii was. Sabah, after becoming an independent nation for two weeks, teamed up with Singapore, Sarawak and Malaya to form a federation called Malaysia – as equal partners – on September 16, 1963. When Sabah formed Malaysia with the other partners, there was no Malaysia yet, unlike the case with Alaska which was acquired by the USA in 1867, 91 years after the independence of the 13 United States of America from Great Britain in 1776. Hawaii was annexed into the USA in 1898, 122 years after 1774.

For the education of Yahya and Mojuntin, Alaska did not even 'join' the United States. It was bought by the USA from the Russian Empire for USD7.2 million. Russia, fearing a war with Britain that would allow the British to seize Alaska, wanted to proceed with the sale. Being a commodity which was the object of sales and purchase, Alaska cannot in any sense claim to have a proper national day, or least of all, an independence day of its own, because in reality it didn't get any sort of independence when it joined the US. In the case of Hawaii, the state was forcibly robbed from the hands of the powerless Hawaiian monarchy.
 
Teri Sforza werites that in Hawaii's case "It's a story of money, power and betrayal. Hawaii was a proud and independent nation when Capt. James Cook [came] in 1778. Hawaiians had run their own affairs for some 2,000 years. The kingdom signed trade and peace treaties with the United States, England and other foreign nations, each recognizing Hawaii's independence. Flocks of American missionaries began arriving from Boston in 1820 and were welcomed warmly; many decided to stay on the islands rather than return to the frigid Northeast.
 
Their new roots in paradise went deep: The missionaries became powerful sugar planters and politicians, often serving as advisers to the king. The monarchy was weakened. The planters' powers were strengthened. The United States was the biggest market for Hawaii's sugar. The transplanted planters longed for Hawaii to become part of the United States so they wouldn't have to worry about tariffs. The U.S. minister to Hawaii, John L. Stevens, was anxious to annex the islands as well. Sensing this, Queen Liliuokalani was on the verge of imposing a new Constitution shifting power back to the monarchy - but she never got the chance.
 
On Jan. 16, 1893, U.S. Marines landed in Honolulu armed with Howitzer cannons and carbines. A group of 18 men - mostly American sugar farmers - staged a coup, proclaiming themselves the 'provisional government' of Hawaii. Stevens gave immediate recognition to them as Hawaii's true government. Imprisoned in Iolani Palace, Queen Liliuokalani issued a statement: 'I yield to the superior force of the United States of America, whose minister, his excellency John L. Stevens, has caused United States troops to be landed at Honolulu. ... Now, to avoid any collision of armed forces and perhaps the loss of life, I do, under this protest, and impelled by said force, yield my authority until such time as the government of the United States shall undo the action of its representative and reinstate me.'"
 
The monarchy's power was never reinstated until today. So, Datuk Yahya, note that Hawaii did not gain independence by 'joining' America because it was annexed (forced to join) and thus LOST its independence. So how on earth can anyone compare Sabah's history of together forming Malaysia and Alaska being bought and Hawaii being forced to join a nation?
 
I hope with this knowledge, the BN leaders can stop trying to fool Sabahans by using Alaska and Hawaii to justify the neglect of Sabah's demand for the recognition of September 16 as our common Malaysia Day.

Queen Liliuokalani

The original cheque used to buy over Alaska

 

BN confirms M’sia as a pariah state to the world

Posted: 01 Sep 2012 11:24 AM PDT

http://www.themalaysianinsider.com/images/uploads/2011/december2011/03/klcc-a-samad-said.jpg

Instead of investigating a national laureate for reciting a poem on the eve of Independence Day, the time and manpower can be put to better use to help reduce crime. But, to Najib and Muhyiddin, that is not so. Anyone or party that do not agree with BN, it is a crime.

Lim Victor

 

AS MALAYSIANS' fear of deteriorating crime rate grows day by day, the government of the day, that is Barisan Nasional (BN), continues with its nonchalant ways.

Instead of showing deep concern and care for public safety, the BN continues to deploy the police force personnel to clamp down on political rivals and dissent.

On the eve of Merdeka Day (Independence Day) on Thursday (Aug 30, 2012), when all Malaysians proudly declared their pride and loyalty to the country, the BN government misuses and abuses the power of the police to clamp down on public dissent, so much for independence and freedom of speech.

The BN government does not realise that its mindless use of the police to clampdown on national laureate A. Samad Said for reciting a poem on Merdeka eve tantamount to ridiculing Malaysia as a pariah state globally.

This is a quote from an internet news portal: "PDRM (Royal Malaysian Police), it's not a crime to disagree with BN. I think PDRM has to get their brains checked."

I like the quote but I do not think it is accurate. The police don't need to get its brains checked. It is the BN government, led by the fake 1Malaysia Prime Minister Najib Abdul Razak and his deputy, Muhyiddin 'Malay First Malaysian Second' Yassin, who need the brain scans.

The police, like all other government enforcement agencies, and including the judiciary, are under the influence and control of BN-Umno (United Malays National Organisation) which has ruled Malaysia for 55 years.

Instead of investigating a national laureate for reciting a poem on the eve of Independence Day, the time and manpower can be put to better use to help reduce crime.

But, to Najib and Muhyiddin, that is not so. Anyone or party that do not agree with BN, it is a crime.

However, there is still hope for Malaysians to pull themselves out of the rot.

Despite an eleventh hour police declaration that the Janji Demokrasi (Democracy Promise) gathering on the eve of Merdeka is illegal, some 10,000 Malaysians turned up in yellow tee-shirts to defy and display their displeasure, swamping Merdeka Square (Independence Square).

This time around, the police did not use force – chemical-laced water cannons and tear-gas canisters – on the Merdeka Day celebrants.

At least there is still that pea bit of brains left in the police and the government not to blatantly expose its shameless abuse of power on the rakyat (people).

To me, what the world witnessed, and without doubt, is the maturity of Malaysians of all races today – that they can gather peacefully in public for a cause if there is no violence or agitation from the BN-led police.

As long as Malaysians - especially the Malays, Chinese and Indians – continue to be united and not swayed by the seditious racial and religious slurs spewed by the evil Umno-BN and its cohorts, we have hope to pull the nation out of the doldrums for a new dawn.

Kredit: www.malaysia-today.net
 

Malaysia Today Online

Copyright 2010 All Rights Reserved