Sunday, December 6, 2009

Kedah tangguh dulu dasar kuota 50%

Kerajaan Kedah dah buat keputusan menangguhkan pelaksanaan dasar baru perumahan yang menetapkan kuota 50 peratus untuk bumiputera. Berapa lama tak tau. Tapi depa kata sehingga satu garis panduan baru yang lebih jelas dikeluarkan.

Menurut Datuk Ir Phahrolrazi Mohd Zawawi, Exco perumahan (dan…banyak sangat portfolio, tak larat nak tulis), keputusan itu dibuat selepas pihaknya mengadakan perjumpaan serta perbincangan dengan wakil-wakil Pertubuhan Bukan Kerajaan (NGO) dan parti-parti politik pelbagai kaum.


"Tangguh dulu pelaksanaan kuota 50 peratus ini sebab nampak ada pihak tak puas hati dengan dasar ini dan kita akan cari kaedah yang lebih munasabah untuk menyelesaikan masalah ini.

"Kita tak mahu ada yang kata dasar yang dibuat ini, tidak adil dan isu perumahan jadi berlarutan, sebab kuota 50 peratus tu bukan dasar umum, yang beri gambaran seolah-olah semua keadaan tanah mesti ada 50 peratus kuota untuk bumiputera,” katanya.

Sunday, November 22, 2009

Corruption is a two-player game

NOV 22 — Malaysians are a funny lot. We’ll rant and rave about institutional corruption yet have no qualms whatsoever partaking in bribery on a personal level. One minute it’s PKFZ this, double-tracking that but the moment we get pulled over by the coppers for any number of the traffic infractions we commit in a day, we see nothing wrong in slipping the guy a RM50 note to “make him go away.”

Sometimes we even take a perverse sense of pride in how “easy” it is to negotiate the pitfalls of our local traffic laws. Many a time, we will proudly declare to foreigners “Malaysia no problem wan, if get caught can settle!” It’s not so much that we even say this, but more the wicked satisfaction with which we tell all and sundry about something that cannot possibly be any source of dignity whatsoever.

“Settle? What do you mean ‘settle’?” is the near-inevitable reply. This is where we not only regale them with tales of rampant corruption but also “teach” them the wily ways to avoid “overpaying.” Some even go as far as giving them a Lonely Planet guide on how much should be offered: “If parking, you offer RM20. If speeding, RM50 can already. Drink-driving, aiyoh, that wan expensive!”

I readily admit that I used to be part of the “everything can settle” crowd. Each time I see flashing blue lights in my rear-view mirror, I make a quick mental note of how much it will cost to pay the fine and adjust my opening gambit to suit. It was just... easier.

One day, however, I snapped. It had been a particularly long day and the country was in some turmoil with the Kampung Medan riots then. I was on my way home when a car runs a red light and nearly T-bones me.

Like all good Malaysians, I offer him a good dose of my extra-loud horn and a quick one-fingered salute, before proceeding straight into a waiting roadblock. Mental check: No bats, knives, swords, guns, or dead bodies in the trunk so I should sail right through this.

Then the man approaching my window drops the bomb of a line: “Encik tadi langgar lampu merah.”

What. The. Fish.

At that point in time, there would have been no possible way for me to hold him in lower esteem. The scum that sticks to the scum that sticks to the scrapings from the bottom of the shoes you throw away would have been a better thing.

I hand him my licence and proceed to close the window. He knocks. I crack it open enough to let in some air. “Dari mana?” he asks, like he gives a toss. “Sana,” I answer as I flick my thumb vaguely in the direction from where I came.

He seems taken aback by the aloofness but soldiers on nonetheless, “Pergi mana?” “Sana,” I say as I casually wave a hand towards where I want to go. I develop a sudden fascination with my radio to avoid having to hurt my eyes looking at him so he wanders off to speak to what looks like his “senior.” Some minutes later, he saunters back.

“Ni kena saman, ni.” There’s so much false concern in his voice for my sudden “misfortune” that I can barely keep my dinner down. So I flash him my biggest, friendliest smile and say: “Ye ke? Kalau kena tu, kenalah, kan?”

That’s not how the script goes and it catches him off guard. He stands there pretending to scribble in his notepad. Before long, he goes to confer with his “senior.” He comes back, knocks on my window, and hands me my licence. Then he says, “Saman tu kita hantar kat rumah.” I give him the same wide smile as I drive off.

From that day on, I vowed never to directly give him and his ilk another single sen. Instead, I just take whatever ticket that’s coming and pay that instead. You’d be surprised, more often than not they don’t even bother writing one when the shakedown has clearly failed.

It’s a simple concept to live by: You do the crime, you pay the fine. Obviously this demands a certain degree of pain and sacrifice on your part in terms of money and time, but is there really any other way to go about it?

People try to bribe their way out of trouble because it’s “easier” but is this any different to the undeserving contractor who offers kickbacks to secure a project he’s not qualified to receive, instead of actually bringing himself to meet the standards actually required or match the prices his competitors offered? Isn’t he just taking the “easy” way out, too?

Corruption also doesn’t happen in isolation; it takes at least two to play. There’s the corruptor and the corrupted. The bribe giver and the bribe seeker. And corruption is corruption, regardless of whether there’s RM50 in it or RM50 million.

So the next time you feel tempted to take the “easy” way out, think hard about what it really means. You may not have had a similarly encouraging experience as mine so I can only implore you to join me in saying no to the corruption that we can. We might not be able to personally do much about the things like PKFZ or frivolous Disneyland trips but we can surely do at least this much.

So, are you going to stay a part of the problem? Or will you choose to be part of the solution?

AI condemns intimidation of lawyers in Malaysia

Sun, Nov 22, 2009

National

PETALING JAYA: Amnesty International is concerned over attempts to intimidate lawyers carrying out their professional duties in Malaysia.

Margaret John, the AI coordinator for Singapore and Malaysia, said the latest attack on the home of prominent lawyer Manjeet Singh Dhillon illustrated once more the risks faced by Malaysian lawyers protecting the legal rights of government critics.

Last Tuesday evening, several Molotov cocktails were thrown into the house of Manjeet but no one was injured.

Manjeet believed the attack was linked to private investigator P. Balasubramaniam’s recent exposure of an alleged cover-up in the Altantuya affair and the involvement in it of prominent public figures.

Bala made the startling allegations in an interview done last month in the presence of three lawyers, one of whom was Manjeet.

“The incident illustrates once more that lawyers in Malaysia, acting in their professional capacity to protect the legal rights of government critics, are exposed to risks of harassment, threats and worst,” John said in a statement.

Her full statement follows:

“ I have learned that several Molotov cocktails were recently thrown into the home of prominent Malaysian lawyer Manjeet Singh Dhillon, a former Bar Council President. He said he regarded the attack on his home as a possible warning and threat to him and his family.

“He and his family were fortunately out of the country at the time. The incident illustrates once more that lawyers in Malaysia, acting in their professional capacity to protect the legal rights of government critics, are exposed to risks of harassment, threats or worse.

“Many of you will be aware that Manjeet Singh Dhillon is counsel for (now former) prisoner of conscience Dr Munawar Anees and will know that Dr Anees made a Statutory Declaration during his incarceration a decade ago, in which he detailed the appalling treatment to which he had been subjected in prison. Manjeet has remained his counsel during the numerous court challenges to clear Dr Anees’s name.

“The Molotov cocktail attack is believed to be related to Manjeet Singh Dhillon’s recent interview with private investigator P Balasubramaniam, who had alleged a year ago that Prime MInister Najib Abdul Razak had been sexually involved with murder victim Altantuya Shaariibuu of Mongolia and that police were ordered to remove evidence of any links. Balasubramiam later retracted the allegations and fled.

“Manjeet Singh Dhillon asserted that he conducted the interview (now on Youtube) as a professional duty in the absence of Balasubramaniam’s actual counsel, Americk Sidhu.

“Amnesty International has previously expressed concern about attempts to intimidate lawyers carrying out their professional duties.

“In the most controversial case in Malaysia’s recent history, defence lawyers were harassed and their offices searched during the trial for sodomy a decade ago of former Deputy Prime Minister Anwar Ibrahim. At that time, prominent defence lawyer Karpal Singh was arrested under the Sedition Act in connection with remarks he made in court.

“Referring to high levels of arsenic in Anwar’s blood, Karpal Singh expressed in court his concern that “someone out there wants to get rid of him…even to the extent of murder. I suspect that people in high places are responsible for the situation”. Karpal Singh is himself a former prisoner of conscience.

“One of the more recent cases involves five lawyers who were arrested for illegal assembly when they gathered outside a police station where a group of candlelight demonstrators was held. The five lawyers wished to provide legal assistance to detainees.
“A number of international standards guarantees protection for lawyers carrying out their professional duities. These include: UN Basic Principles on the Role of Lawyers and the Latimer House guidelines. Such standards, however, do not always provide protection in Malaysia in cases in which there is a link to criticism of the government.”

Court ruling takes bite out of local council summonses

(The Star) KUALA LUMPUR: If you have been issued local government summonses for illegal parking, not displaying a valid parking ticket, open burning or not having a dog licence, can you just throw them away?

Yes, you may be able to get away with it, going by a recent High Court ruling in a landmark case which stated that local councils did not have the right to prosecute anyone as such a prosecution would contravene the Federal Constitution.

What is common hearsay — that tickets issued by local councils have no legal bite — has been proven in a case in the sleepy hollow of Lanchang, Pahang.
Little man’s big win: Subramaniam showing the court order as his wife hugs him outside their shop in Lanchang, Pahang. The High Court ruled that the local council has no right to prosecute him for not obeying its order to move his fish and vegetable business. — AZHAR MAHFOF / The Star.

Mini-market owner Subrama­niam Gopal, 50, defied the orders of the Lanchang Temerloh Muni­cipal Council to move his fish and vegetable business to the new council market and was taken to court on four charges of operating his business — the GSM Mini Market — on Jalan Besar Lanchang, without a valid licence.

Temerloh High Court Judicial Commissioner Akhtar Tahir overturned a magistrate court’s ruling and said that if anyone was going to prosecute Subramaniam, it should be the Attorney-General. Judge Akhtar then ordered that Subramaniam be given a discharge not amounting to an acquittal.

Does this mean that members of the public can throw away summonses and not fear legal reprisal?

“Considering that the High Court declared Section 120 of the LGA unconstitutional, it would appear that there is no power to prosecute,” said lawyer Malik Imtiaz Sarwar.

Lawyer Derek Fernandez, however, said it is better not to ignore the summons because a warrant of arrest could be issued against the offender if he is not in court when his case is called.

Father of two David J said he had often heard that one need not pay local council summons, unlike traffic police summons, and had not paid for many of them.

What the Greater Unity Plan involved and implies

By Thomas Lee
(1) Ignoring and dismissing the majority will of the party central delegates in wanting to remove the top two leaders by claiming that they lack the two-third vote to effect the dismissal, but not acepting the fact that the top two lack the support of more than half of the grassroots delegates.

(2) The coming together of the two former enemies for the sole purpose of retaining power despite losing massive support from the grassroots members. One leader is a shameless person who has no intergrity and lost all credibility when he reneged on his pledge that he will resign even if he lost by a vote but shamelessly stays on and becoming the laughing stock of the country. Another leader has a soiled reputation with his immoral behaviour the subject of ridicule and derision among the people, bringing disrepute to the party.

(3) The sacking of appointed central committee members who hold dissenting v‪iews and/or who want the double-ten EGM decision of grassroots delegates respected and implemented. The irony of the so-called "Greater Unity" Plan involves the chopping of heads, casuing further disunity and alienation among the party leaders and members. The hypocrisy of the whole fiasco has make the party the height of folly and mockery in the public eyes.

(4) The appointment of a young and immature political greenhorn and unfamiliar party lightweight, who is a son of the soiled leader, into the central committee as part of the horse-trading for "peace" reflects the immorality of the whole party power play. The fate and interest of the party have been made bargaining chips for the selfish personal agenda of two power-crazy individuals. Why is there no comment on this crony appointment by the party members?

(5) The removal of the women chief and youth leader from their legitimate positions as members of the presidential council is the height of authoritarian power practice as both are ex-officio vice-presidents. The derogatory and demeaning treatment of these two elected leaders is further debased by the appointment of their subordinates in their place. Such a detestable action, semblable to the fascism of the tyrannical rule of Hitler, by a dictatorial president cannot be ignored and tolerated by the grassroots members.

(6) The interference and intervention of power forces from outside the party to effect the so-called Greater Unity Plan have shown the party to be a mere powerless puppet, a castrated political eunuch, in the national political arena and, hence, not worthy of support by the community it purportedly represents. The party has lost face and it will never recover from this current shameful episode. The beginning of the end of the party has started and the momentum of its dismantle is gaining strength, and the next general election will be its funeral and burial.

Quo vadis, MCA?
IMAGINE...

...a democratic malaysia: commentaries and reflections by g. krishnan
Sunday, November 22, 2009
It Wasn't Fish Head Curry, It Was Bah Kut Teh, la

So, on the evening of 3rd July 2008 Bala did not go out for fish head curry with ASP Tonny after all. Well, I’m glad that’s been cleared up for us all; not to mention all the other details and missing pieces of the Bala saga that unfolded following his first statutory declaration.

So it’s been cleared up for us now that ASP Tonny wanted to actually get together with Bala at an ikan bakar joint, and this too did not materialise. Bala ended up with one ASP Suresh character and they were having bah kut teh when things began to really happen and Bala’s life takes a dramatic turn as his path crosses with some of the other characters. Well, I’m sure you must have read the transcript of Bala’s interview since he resurfaced again.

I’m glad the confusion about fish head curry, ikan bakar, and bah kut teh has now been cleared up. I suppose it’s understandable how we might have thought it was fish head curry as that was his lawyer’s understanding that Bala was meeting ASP Tonny when Bala left the lawyer's office. This was just before Bala ended-up in a deeper political web than he could have ever imagined, and before he was plunged into an abyss.

And I tell you I believe him when he says it was bah kut teh that he had that evening and not ikan bakar or fish head curry. And you know something else? I also believe his account of what transpired the hours, days, weeks, and subsequent months. Is it possible that there may be some details in his account that are not absolutely accurate as he recounted them in his recent interview?

Of course in recounting everything about one’s life over the past several months, you should be understandably forgiven if you, for example, could not exactly remember what time it was when such-and-such a person called you or met you in the lobby of a hotel or some such thing. And given Bala’s account, we’re of course free to draw our own conclusions.

For me, while I have several reasons to think he’s recounting events and incidents that actually did happen, the main reason why I find him believable is because he has spelled out so many specific encounters about people his path crossed with, places, and meetings he had with individuals that if any major aspect of his account was untrue, he would be in an even much deeper mess. And I’m inclined to think he – and his lawyer - understands this very well. After all, it would not take much for any investigation to verify flights on which he traveled the hotels he stayed in, and such. And Bala being a PI knows that better than anyone, so he can ill afford his story to be a fabrication.

And given the deafening silence from the other relevant parties in this saga, well, this just speaks volumes for me. But this latter point notwithstanding, what we might also consider is that if Bala’s first SD was untrue, he would have been especially concerned for his and his family’s safety after having made that first SD and sought to go underground immediately. Instead, he did not!

On the contrary, he only disappeared after the second SD, after supposedly recanting what he said in the first SD. If he had actually disappeared and left the country on his own will – and not been forced or intimidated to do so – he would have done so after the first SD. The fact that he disappears only after supposedly willingly and freely making the second SD – one that was favourable to the political establishment – and then disappears, does not make any sense.

Essentially, the mainstream media would expect me to believe that Bala stuck around after making damning claims in the first SD, when he might have most vulnerable to intense scrutiny from the establishment. And further, he stuck around to retract his first SD and, after having removed the cloud over some high profile politician and his inner circle, then felt like his life and the lives of his family members would be in grave danger? In fact, I would have thought if the second SD was true, rather than going underground, Bala's supposed new lawyer who was with him at the news conference for the second SD would have been glowing and beaming - along with Bala - that perhaps he'd be rewarded with a Datukship!

But instead, Bala goes missing after the second SD?

For me, all this is very sound reasoning indeed to suggest that, as the saying goes, where there’s smoke…there’s fire.

Well, guess what? I’m feeling the urge for some bah kut teh myself, so I’m off.

G. Krishnan
Nik Aziz kesal penangkapan Dr Asri E-mail
Written by Azhar
KOTA BHARU, 3 Nov: Menteri Besar Kelantan, Tuan Guru Datuk Nik Abdul Aziz Nik Mat, melahirkan rasa dukacita di atas penangkapan yang dilakukan ke atas bekas Mufti Perlis, Dr Mohd Asri Zainal Abidin.

Ketika dihubungi Harakahdaily beliau berkata, tindakan berkenaan amat tidak wajar dilakukan ke atas seorang pendakwah apa lagi kesalahannya belum dapat dipastikan.

Beliau berkata demikian ketika mengulas insiden tangkapan yang berlaku ke atas pendakwah berkenaan malam tadi ketika menyampaikan kuliah agama di Taman Sri Ukay, Kuala Lumpur.

Tuan Guru yang juga Mursyidul Am PAS itu juga mengngagap ia satu tindakan yang melampau kerana menangkap seorang tokoh agama yang juga bekas mufti.

"Penangkapan itu amat tidak masuk akal, masih ramai lagi orang yang patut ditangkap, tetapi kenapa seorang pendakwah, dia mengajar agama dan bukannya buat huru hara atau melakukan sesuatu yang bertentangan dengan agama,"ujarnya lagi

Nik Aziz berkata walaupun ada pihak mendakwa Dr Mohd Asri menyebarkan ajaran Wahabbi, ia perlu diperhalusi terlebih dahulu bagi memastikan ia benar-benar salah di sisi undang-undang.

"Nasihat saya kepada Jabatan Agama Islam Selangor (JAIS), jangan buat untuk kali kedua kerana akan merosakkan imej Islam di Malaysia dan seterusnya merosakkan imej golongan pendakwah itu sendiri," katanya.

Beliau meletakkan masaalah itu seharusnya dibincang terlebih dahulu antara Asri dengan JAIS dan bukannya terus menangkap tanpa pasti kesalahannya.

Katanya, kalau benar dia telah melakukan kesalahan di sisi undang-undang, barulah tindakan diambil terhadapnya dan bukannya menangkap begitu sahaja tanpa mengetahui hujung pangkalnya.

"Masyarakat juga menjadi keliru dengan kejadian itu," ujarnya lagi

Saturday, November 21, 2009

KENYATAAN MEDIA
UNTUK EDARAN SEGERA

Tarikh: 23 Ogos 2009



KENYATAAN MEDIA - MAJLIS PIMPINAN NEGERI KEADILAN KEDAH BERHUBUNG ISU KELUAR PARTI ADUN LUNAS

Pihak Parti Keadilan Rakyat (KEADILAN) menerima maklum bahawa Ahli Dewan Undangan Negeri (ADUN) kawasan Lunas yang juga Exco Kerajaan Negeri Kedah, YB Mohammad Radzhi Salleh, ADUN daripada KEADILAN dan memegang portfolio Exco Pelancongan dan Pembangunan Masyarakat Serta Sumber Tenaga Manusia dalam kerajaan negeri Kedah telah mengumumkan pendiriannya pada sidang media di Kuala Lumpur, hari ini mengisytiharkan dirinya keluar parti dan menjadi ADUN Bebas.

Bagi pihak Parti Keadilan Rakyat Kedah kita amat kesal dengan sikap yang tidak bertanggungjawab ini. Telah menjadi satu kebiasaan apabila ada pilihanraya kecil, akan ada isu-isu lompat parti. Kita menjangkakan ini adalah sebahagian daripada tindakan yang dirancang oleh Barisan Nasional untuk memanipulasi isu menjelang pilihanraya kecil Permatang Pasir pada 25 Ogos nanti.

Prestasi lemah beliau dalam kerajaan negeri juga amat mengecewakan pimpinan parti, ini termasuklah tuntutan perbelanjaan beliau yang tidak munasabah, dan masalah perkahwinannya di Thailand yang kini sedang dalam proses di Mahkamah. Kami juga telah memberi amaran keras kepada beliau untuk membuat perubahan prestasi kerja beliau dan khidmatnya di kawasan, namum beliau tidak bersedia untuk melakukan perubahan yang membuatkan ia mengistiharkan keluar dari parti hari ini. Ekoran daripada itu juga Cabang Padang Serai telah digantung oleh Majlis Pimpinan Pusat (MPP) dan diambil-alih pengurusan dan pentadbirannya oleh Majlis Pimpinan Negeri sehingga mesyuarat agung cabang yang akan diadakan nanti. Keputusan ini dibuat pada mesyuarat MPP 26 Julai 2009 yang lalu.

Sehubungan dengan itu kepimpinan KEADILAN Kedah berdiri teguh mendokong dan menyokong kepimpinan YAB Datuk Seri Ust. Azizan bin Abd. Razak sebagai Menteri Besar dan selanjutnya mencadangkan kepada YAB Menteri Besar untuk memohon pekenan KDYMM Tuanku Sultan Kedah mengugurkan jawatan beliau sebagai Ahli Majlis Mesyuarat Kerajaan Negeri. Pimpinan Parti Keadilan Kedah juga dengan ini mendesak YB Radzi juga untuk meletak jawatan sebagai ADUN Lunas.


YB. HJ. AHMAD BIN KASIM
Pengerusi Majlis Pimpinan Negeri
Parti Keadilan Rakyat Negeri Kedah

Mahkamah arah pilihanraya kecil DUN kota Si Puteh

Monday, November 16, 2009


Mahkamah Tinggi Kuala Lumpur mengarahkan Suruhanjaya Pilihan Raya (SPR) mengadakan pilihan raya kecil untuk Dun Kota Seputeh Kedah.

Arahan itu dibuat oleh hakim Datuk Alizatul Khair Osman Khairuddin.

Menurut hakim itu, Suruhanjaya Pilihan Raya telah melanggar sempadan kuasanya apabila menolak permohonan Speaker Dun Kedah agar diadakan pilihan raya semula di situ.

Menurut beliau, peguam plaintif (Speaker Dun Kedah) telah berjaya membuktikan bahawa Datuk Abu Hassan Sarif, Adun Kota Seputeh telah tidak hadir dua kali sidang berturut-turut tanpa kebenaran Speaker.

Ini bermakna, mahkamah bersetuju dengan keputusan Speaker Dun Kedah, yang memutuskan kerusi itu kosong berikutan kegagalan Abu Hasan (gambar) hadir dua kali berturut-turut ke sidangnya.

Speaker DUN, Datuk Dr. Abdul Isa Ismail menghantar surat kepada SPR memaklumkan mengenai kegagalan Abu Hassan hadir sidang DUN pada 19 April dan 16 Ogos lalu.

Mengikut Undang-undang Tubuh Kerajaan Negeri Kedah, mana-mana ahli dewan yang tidak hadir pada sidang DUN selama dua kali berturut-turut tanpa kebenaran Speaker, tempatnya hendaklah dikosongkan.

Kerusi itu dimenangi Abu Hasan dengan majorti 495 undi. Lawannnya, Ismail Wan Teh dari PAS menerima 7,665 undi.

Dalam sidang Dun Kedah baru-baru ini, Speaker menyifatkan Abu Hasan bukan lagi Adun Kedah yang sah.

Mengulas mengenainya, Pengerusi SPR, Tan Sri Abdul Aziz Mohd Yusof, berkata pegawai undang-undang SPR perlu meneliti secara terperinci desakan dibangkitkan Speaker DUN Kedah, Datuk Dr Abdul Isa Ismail sebelum membuat sebarang keputusan.

Pada 18 Ogos lalu Abd Isa meminta SPR mengisytiharkan kerusi itu kosong atas alasan Abu Hasan tidak menghadiri sidang Dewan Undangan Negeri (DUN) dua kali berturut-turut tahun ini.

Peguam bagi Speaker, Sulaiman Abdullah memberitahu mahkamah, Artikel 51 Undang Undang Tubuh Kerajaan Kedah menyebut bahawa “sekiranya mana-mana anggota Dewan Undangan Negeri tidak menghadiri dua sidang berturut-turut tanpa kebenaran Speaker, kerusi mereka seharusnya dianggap kosong.”

Abu Hasan tidak hadir pada sidang 19 April dan kemudian pada 9 Ogos tanpa izin Speaker.

Sulaiman berkata, Abu Hasan tidak menafikan fakta itu.

“Apabila syarat-syarat ini dipenuhi, kemudian perjalanan undang-undang ialah Artikel 51, di mana kerusi itu dengan sendirinya menjadi kosong,” kata Abdullah yang juga bekas Presiden Majlis Peguam di mahkamah sebelum ini.

Namun, Timbalan Perdana Menteri Tan Sri Muhyiddin Yassin mengarahkan Abu Hasan agar terus menghadiri sidang DUN negeri itu yang dijadualkan hari ini.

Katanya, walaupun Speaker menganggap wakil rakyat itu hilang kelayakan sebagai Adun, namun BN memegang prinsip apa yang diputuskan oleh SPR bahawa tiada berlaku kekosongan kerusi DUN Kota Seputeh dan Abu Hasan adalah wakil rakyat BN yang sah.

“Abu Hasan masih ahli Yang Berhormat secara sah dan Speaker (DUN) tidak boleh menghalang beliau dari menghadiri sidang dewan itu.

“SPR umum tiada kekosongan dan tidak ada pilihan raya kecil, jadi apa kuasa Speaker itu saya tak tahu,” katanya selepas melawat mangsa banjir di Sekolah Kebangsaan Gunung, Alor Setar.

Muhyiddin berkata, Abu Hasan harus menghadiri sidang DUN itu bagi mengetahui apa yang sedang berlaku kerana beliau masih seorang Adun sehinggalah mahkamah memutuskan kedudukannya kelak.

Abd Isa baru-baru ini berkata, beliau menyifatkan Abu Hasan bukan lagi Adun walaupun mahkamah belum membuat sebarang keputusan mengenai kedudukan wakil rakyat itu.

Beliau sebelum ini memfailkan permohonan semakan kehakiman terhadap keputusan SPR yang mengekalkan Abu Hasan sebagai Adun kawasan Kota Seputeh.
Posted by Siasah at 7:57 PM
Tiiiiim-ber! Auditor's report exposes forest loss

What happens when the Auditor General comes up with a report critical of areas under your ministry’s jurisdiction? Why, you ask for it to be amended, of course!

That’s what Sarawak State Second Minister of Planning and Resource Management Awang Tengah Ali Hassan reportedly did when he asked the Auditor General to amend its Annual Report for 2008. Awang Tengah was unhappy about the bit that cited Sarawak along with Kelantan, Pahang and Johor as having poor forest management that led to river pollution, erosion, landslides and destruction of flora and fauna, according to the Malaysian Mirror.

Here’s one such excerpt from the Auditor’s Report that might help to explain the fuss: the report noted that in Nov 2007 and March 2008, the Sarawak Minister of Planning and Resource Management had fixed six million hectares as the target for permanent forest reserves. But the report added that the Ministry did not say when this announcement would come into effect.

The report continued:

Semakan Audit mendapati setakat akhir tahun 2008, Negeri Sarawak mempunyai HSK (permanent forest reserve) seluas 5.56 juta hektar yang telah diwartakan. Bagaimanapun, bagi tahun 1990 hingga 2008 sebanyak 0.96 juta hektar HSK telah dimansuhkan di mana 18,352 hektar dimansuhkan bagi tahun 2006 hingga 2008. Baki keluasan kawasan HSK adalah sejumlah 4.60 juta hektar. Kawasan HSK yang telah dimansuhkan dan belum diganti adalah seperti di Jadual 5.8….

Pada pendapat Audit, matlamat untuk mencapai sasaran enam juta hektar HSK tidak akan tercapai sekiranya usaha segera tidak diambil untuk mewartakan kawasan hutan yang telah dikenal pasti sebagai menggantikan HSK yang telah dimansuhkan. Peruntukan Undang-undang yang sedia ada hendaklah diperkemas dengan mewajibkan setiap HSK yang dimansuhkan diganti dengan segera.

You can see why this Sarawak leader seems ruffled by the Auditor General’s report. There’s a lot more stuff in the report about how logging and forest clearing have contributed to all sorts of pollution and other environmental degradation.

But you get the idea.
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17 November 2009 at 2.11pm | Tags: forests, logging, pollution, sarawak, timber | Category: Accountability, Development issues, Environment/climate change | Printable version Printable version | Email this to a friend Email this to a friend
Pakatan Rakyat and the making of a two party system PDF | Print | E-mail
http://anwaribrahimblog.com





It is a great honour to stand before you to talk about what can be described as a revolution in the collective consciousness of this nation. Last March, by the stroke of the pen, the people of Malaysia shattered all of the preconceived notions that denied the possibility of political change. In place of these old assumptions a new memory of our nation’s heritage and the self-image of its people has emerged.

Until now many of our elected representatives have failed to uphold the mantle of public office. Their interest has been an exercise in greed and avarice and not what Vaclav Havel described as a heightened responsibility for the moral state of society, and to seek out the best in that society and to develop and strengthen it. For it is only with leaders of such caliber that we can expect a government that is fair and abides by the Rules of Law, outlined in a Constitution that grants legitimacy to the very existence of that government. Anything short of this would be an injustice that approaches tyranny.

We had been weaned for many years on the notion that submissiveness and frailty were a prerequisite for the stability of the nation. Our diverse ethnic makeup, rather than an asset, was treated as a powder keg that could be ignited by the slightest spark. Economic development was not compatible with the freedoms that have been established in other democratic nations. On the contrary Malaysian democracy would be circumscribed by profoundly un-democratic rules. There was a freedom of speech but only on certain subjects. The freedom to associate was granted, but only with approved license. Due process, a fair and an impartial judiciary were granted only insofar as they did not encroach upon the vested interests of the rich and powerful. These measures were taken unscrupulously in the name of security and peace.

of democracy, there is no monopoly on the principles of political freedom and liberty. The tradition of public discussion can be found across the world such that Tocqueville in his observations on American political culture said that democracy can be seen as part of “the most continuous, ancient and permanent tendency known to history.” What Locke said in the 18th century we can find explicit precursors in the Muslim tradition. Consider the Prophet Muhammad’s Last Sermon in which he asserts the importance of property rights and the sanctity of contracts, women’s rights and racial equality. Remember this was 1400 years ago! The narrative does not stop there. al-Shatibi, the Andalusian legal scholar, articulated more completely the maqasid al-Sharia, the Higher Objectives of the Islamic Law, which sanctify the preservation of religion, life, intellect, family, and wealth; objectives that bear striking resemblance to Enlightenment ideals that would be expounded centuries later.

This is of course all theoretical. Even the Malaysian Constitution talks about equal protection under the law and proposed a system of checks and balances on power. Yet 52 years later, and after nearly 700 amendments to the original text of that document, few would argue that the original spirit of the Constitution remains intact. The upshot is that Malaysia’s experience as a pseudo democracy has been a utter disaster.

A nation blessed with vast wealth and a people with the ability to learn and excel has been left in the lurch by decades of failed policies. Hope in a brighter future has been snuffed out by the blunt instrument of state power and the cancer of corruption. Certainly the thin veneer of success has been made our country appealing to the eye. As far as developing countries go we are far ahead of the pack. But when we look under the hood, as Malaysian citizens must do on a daily basis, we are confronted with myriad contradictions – a crumbling education system, second rate health care, massive shortcomings in public transportation and crime rates which are perpetually on the rise.

It is no surprise when we see recent figures citing nearly 800,000 Malaysians professionals now working abroad.

The idea of a two party system has been talked about ad infinitum since the Spring of last year. The excitement many have expressed over the advent of this new dimension in Malaysian politics might suggest that the mere existence of a viable second party is itself the holy grail of a democratic state. Some might even draw the conclusion that once in power this alternative voice would swiftly rectify the monumental ills that have been heaped upon Malaysian society by the Barisan Nasional.

A vibrant opposition is of course synonymous with democracy itself. Yale based political scientist Ian Shapiro has contended that “democracy is an ideology of opposition as much as it is one of government”. Yet we would be in a state of self-deception, however if we pinned the hopes for healthy democracies on just one of its attributes. The same mistake has already been made with elections. The mere happening of elections says little about the condition of democracy unless we know that they are conducted fairly and freely and there is a level playing field on which all political views can compete.

In Malaysia multiple parties have existed for many years and the opposition has held seats in Parliament since the very first days of the Federation. We cannot say that the two party system was borne on March 8th for its existence coincides with the birth of the nation itself. The two party system that we recognize today is something different from the style of political participation that is already in place. The difference, simply stated, is greater space that is afforded to public deliberation, the exchange of ideas and the possibility of new choices and alternatives.

In this light, our fundamental concern is not with political parties but rather with accountability. A society, according to ibn Khaldun, must be able to combat the corrosive effects of unmitigated power, corruption and moral decadence. Otherwise it may succumb to what Thomas Jefferson time and again warned, that the abuse of unlimited powers by elected despots would lead to a time “when corruption in this, as in the country from which we derive our origin, will have seized the heads of government, and be spread by them through the body of the people; when they will purchase the voices of the people, and make them pay the price.”

To understand these concepts better it may be wise to map out the province of liberal democracy and reiterate the role of the opposition, lest we place the cart before the horse. The main pillars on which democratic societies are built are liberty, social pluralism and political constitutionalism. The intent of these values and the institutions that mediate the relationship between the citizen and government is to guard against the exercise of tyranny. Lord Acton was right when he spoke of the corrupting influence of power.

When bestowing upon a political entity the power to make laws and to coerce citizens to obey those laws, safeguards must be put in place. Herein we look at Constitutions to delineate the extent of the government’s power to impose laws, and also at the edifice built around the exercise of that power so that there is adequate protection from its abuse.

Constitutions define for us the Rule of Law and the parameters within which government can operate. Dicey stipulates that it is the Rule of Law which would ensure that “powers of officials, and official bodies of persons entrusted with government, are not exceeded and are not abused, and that the rights of citizens are determined in accordance with the law enacted and unenacted.” The Rule of Law is therefore a two way street – defining for us the limitations of government and the rights of the citizen.

With these fundamentals in place we would then look at the branches of government which are created not only to carry out the business of the state but also to act as further restraints on its power. In the case of the Executive, we are all well acquainted with the phenomenon of power run amok.

Countries that masquerade as democracies often pay lip service to freedom and justice, while power is consolidated in the hands of a few elites who plunder the country’s wealth at the expense of the masses. They are able to quash opposition by invoking draconian laws and have made frequent use of preventative detentions to muzzle dissident voices. Herein lies a pivotal role of the opposition in a liberal democracy which is to be the voice of public reason and ensure that the “exercise of public political power is fully proper” and it can only be so if and “when it is exercised in accordance with a constitution the principles and ideals of which are endorsed by common human reason”.

A strong legislature is a sword that can cut both ways as well. It was Tocqueville who said, “the concentration of power [in the legislature] is at once very prejudicial to a well conducted administration and favorable to the despotism of the majority.” Once again Malaysia offers sundry examples of a legislature which, despite allowing for some semblance of multi-party participation, acts as a rubber stamp on legislation presented by the majority. Despite the rules and traditions of the Westminster system, common sense and precedent dictate that even with a clear majority in the legislature there should be a meaningful debate on issues. The Parliament should be used effectively as a constant critique of policy, executive power and the institutions of governance.

Where the legislature may exceed its bounds in passing into law edicts that transgress the bounds of the constitution, it is the role of the judiciary to interpret redress mistakes that may have been made by legislators. For this to happen the judiciary must be independent of influence from the other branches and from vested interests in the society at large. In resolving disputes between the people and the government, judges must act impartially. They must administer justice according to law, not according to the dictates of political masters.

A strong opposition must demand these prerequisites from the executive and legislative branches until such time as they are implemented.

Another crucial criterion for constitutional government is that the discretion of law enforcement agencies must not be allowed to pervert the cause of justice. The office of the Public Prosecutor, the police and the anti-corruption agency, all these bodies, play essential roles in the preservation of the rule of law, failing which they are easily used to pervert the law. As absolute power corrupts absolutely, the arrogance of power left unchecked renders these agencies absolutely impermeable to public opinion and criticism.

While there has been a sea change in the political landscape, Malaysia has not changed overnight. Despite the euphoria of last March, and the clear progress that is being made in the Pakatan states, we still face a federal government mired in corruption. The media is shackled and unfree – incapable of fulfilling the sacred and solemn mandate bestowed upon the noble profession of journalism.

The work is clearly unfinished. For the two party system to survive, let alone thrive, certain constraints must be lifted such as the limited access granted to the information held tightly by government ministries. We know that under the guise of national security many a scandal and abuse has gone unreported and this is contrary to the spirit of public disclosure and accountability. The institutions are in desperate need of reform so that they serve the common good and not the parochial interests of political and corporate elites.

The renewal in consciousness that has given hope to generations both old and new must be made a reality through action. At a very fundamental level this would require fuller and more profound political participation. Voting, as it turns out, does matter. The millions of currently unregistered voters in this country, by most estimations, will play a key role in the next general election. But, they can only do so if they exercise that right.

There is space now for the governments in power in the Pakatan states to carry forward this spirit renewal and renovation. Our governments must adhere strictly to the Rule of Law. We should strive to exceed the daily routine of dispute resolution and the issuance of licenses but govern with enlightenment. Our policies must emphasise good governance, the sanctity of the family, tolerance towards diversity, compassion for the weak and the unfortunate and the safeguarding of our environment and natural resources.

In between elections the new consciousness that has emerged must be nurtured. Civil society has space to grow and new associations can form and take part in the process of educating and empowering the public. In these states we must demonstrate that the pursuit of excellence and the cultivation of innovation and creativity across all sectors will yield enormous benefit for the society. And for this to happen we must retrieve, revive and reinvigorate the spirit of liberty, individualism, humanism and tolerance.


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Tuesday, September 29, 2009
SOROS ON MAHATHIR ! A CLASSIC!



The corruption of Mahathir
SOROS REPLY TO MAHATHIR
adapted from Bangkok Post

I have always said Dr Mahathir is a menace to his own people. Now only you can see the effects of his foolishness when the ringgit has halved its value overnight and your economy goes kaput. Single handedly you have caused hardship to millions of your own people. You have built useless mega projects at tremendous cost to the country.

The telecoms tower in Kuala Lumpur and the highest building in the world show how stupid you are. Not only does it cause massive traffic jam, it has totally no purpose. If you need high ground for telecoms antennae a nearby mountain is there for free. This tower has no purpose from the ground up to 300 metres. The satelites make this totally unneccesary.

A fool and his money are soon parted. The only thing is you are the fool and the money belongs to Malaysians. You make 20% in evey project, you have real estate in Japan and billions of shares corruptly acquired. Your 3 sons are worth 8 billion US$. Where do they get this money? Of course, corruption. You are known as the Marcos of Malaysia, having enriched yourself to the tune of billions.

You dare to shed crocodile tears during UMNO delegates meeting about the ills of corruption. Yet you are the most corrupt of all the prime ministers before you. A thief is crying thief and hopes people look the other way. Who dares to say anything when the chief is caught with his hands in the candy jar?

You said wisdom is not the monopoly of the West. So is foolishness.

You have more foolishness than most people would believe. Billions are used to build two high rise Petronas buildings that benefit nobody. It now stand tall, a symbol of stupidity and irresponsibility Instead they just add on to traffic jam. What is this reclamation of 10 islands off Kedah? Totally absurd and stupid. Of course your benefit is 20%. And the bridge across from Malacca to Sumatra across international waters? Why not build a bridge to the moon? I am sure you still can get your 20%.

You called me a Moron. How can a Moron make so much money. By allowing short selling and borrowing millions of shares from your banks we fund managers made millions out of your inexperience and poor regulations. You lose all Malaysians money, therefore you are the Moron. Now you know too late and start crying over split milk. In Australia you are known as the recalcitrant ego maniac; in UK the corrupt bastard because of your stupid purchase of our movie studio and the 290 million ringgit Lotus racing car plant and the shady Pergau dam loans from the UK. They are useless to us and you still want to buy them. What about buying British reject submarines through your agent, of course. The agent/ broker is designed to make millions out of Malaysian government. Your purchase of our battleships is at least 50% more than others are paying. Your purchase of 9 hospitals from UK lock, stock and barrel does not support your local architects or your industry and the British send you obsolete medical equipment.

The design is atrocious, one end to the other is half a kilometer and there is no CT-scan, an absolute necessity. In the Uk your face appears in no less than 17 newspapers as a corrupt dictator. In Malaysia you are known as the (IBM) International Big Mouth. In Japan they call him the 'smallest one' (brain size). In Pacific island the Santa Claus (giving advice left and right). In south America they call him the parrot (he talks a lot but does not know what it is about).

In Manila the living Marcos.

In Malaysia they are spending millions to lure tourists and you talk rubbish scaring every foreigner away. "When he is dumb he is doubted a fool, when he opens his mouth it removes all doubt."

While I agree the West does not have the monopoly to wisdom, your actions are not the wisest either. Your EAEC has totally no support even in Asean. Your South-South dialogue mets with the same fate and what is this I hear of the Bridge from Malaysia to Indonesia covering 20 miles across International shipping lanes? How crazy can one get?

Even the Japanese don't have the money. This world's stupidity seems to be concerntrated in one man's mind - yours.

The multimedia super corridor - MSC -. Well in USA its most stupid concept because we Americans, would have thought of it light years before. Even if it makes money, we can copy this concept can't we? Why do you want to spend your hard-earned money doing questionable projects? It will be like the Bakun project. Abandoned fund wasted and another white elephant. I always say politicians should not be involved in business. Your ministers are also businessmen and almost every official is enriching himself. Look at Rafidah Aziz, selling thousands of Approved Permit for cars each worth 20-30 thousand Malaysian dollars. Why not your government sell them and make the money?She has acquired millions of shares meant for bumis for free before she agrees to list them. Look at your Selangor Chief Minister collecting millions for approving high rise buildings from businessman. He is worth a few billions. Unfortunately he was caught with a few millions pocket money in Australia.Every Chief minister is awarding useless projects to his cronies then collecting secret pay offs on the side.The Land development Boards and the Economic Development Boards are used to bailout any loses suffered by politicians.The profits they keep, the loses they force the Government bodies to absorb.How can your poor ever close the gap when every good deal is snatched by your politicians?How can your country get out of poverty if all the billions of corruption money is taken out of the country?

Look at the Sarawak Chief Minister selling billions worth of timber concessions under the table; selling every piece of state land to businessman without tender; using his own companies to obtain lucrative government contracts; selling approval signatures for a fee 'you pay I approve'. He has 8 billion US stashes overseas. Thousands of acres of land are given to one or two companies while thousands of poor people still live in cardboard makeshift homes; have no water and shit into the river. Thousands of acres of land are sold to companies for plantations while the native don't have even one acre to their name. He is selling sand near the beaches to one company for earth filling and then ask the government to spend millions to protect the coastline when erosion occurs. He lost 300 millions of the sarawak government money trying to make computer chips. He has built a port in Northern sarawak town in water so shallow it needs dredging every year.

The Prime Minister built highways without tender, your cronies get the deal and the price double. Your Langkawi airport runway is built is double the cost by your own company Ekran.

The Malaysian nation has lost at least 30 billions during your last 10 years of corrupt rule. One billions lost from the purchase of phantom skyhawk war planes nobody has ever seen (are they still in the Nevada desert USA?). 3 billion lost from the London tin scandal (you thought you could corner the London tin market without knowing the Americans have a stockpile! Stupidity at its best. 6 billion Perwaja steel mill where nobody even know where the money goes, 3 billion bank Bumiputra scandal where George Tan bribed all the bank officials to lend him the money. 6 billion forex lost by Bank Negara (the fool and his money are soon parted) and 6 billion to build three of the worlds tallest buildings (built by Japanese and Koreans and furniture imported from France - not Malaysia) and 1 billion lost from purchase of British warship including fees paid to the broker and under the table. Add the 10 billion you stole and 5 billion taken by Ministers.

In the 1997 the World Journalists meeting voted Dr Mahathir the Prime Minister of the Decade. It sounded strange to everybody until it was revealed those who voted against are threatened by IRD officers and with losing their jobs. In New York the United Nations 1997 meeting,

the most corrupt Prime Minister of the decade is President Suharto and second Dr Mahathir (Actually Dr Mahathir should take first place but bribed the Indonesian to take honour of Number One.

There are Fifty thousand of your university students are not given places in Malaysia but are good enough for places overseas resulting in billion of dollars lost.The British and the Australians are thinking how stupid.Your best students are sent overseas raising their standards while as in most countries the best are kept in local universities and the rejects sent overseas. A university student in Hong Kong is much more prestigeous than any Australian counterpart.

You have been colonised by the British so long you cannot even educate your own people. Look at Hong Kong or Singapore less than 5% study overseas. All the money saved. Your country could save billions if every student overseas is recalled to a local university, and at the same time raising your own standards.

Your people are still without shoes, without land to farm, without homes, bathing in rivers shitting in hole in the ground, without water and electricity. Your cities are concrete jungles without greenery and open spaces. Your KL is jammed with traffic. Yet you still keep on building high rises. You should come down from the clouds and stop daydreaming and firmly plant your feet in the ground. Your schools are cramped 500 students to an acre and thousands of acres are given free to some politician who leaves them idle. Your parks are being taken by politicians to build shophouses and every cabinet minister is a landgrabbing businessman who build roads only to their cronies' land.

The Malaysians' prayer

"Ya Allah, we thank you for your gifts of timber, oil and grain. But then the devil sent us corrupt Mahathir without a Brain And look we are back to square one again So just take Dr Mahathir back to Hell And we will be alive and well."

In China people have been shot for embezzling one thousand dollars. With 8 billions you have stolen therefore you would be shot 80 thousand times.

Now you are leading an anti-corruption campaign. We all know what you should do. Look yourself in the mirror. You see the crook there? Then use your left hand and handcuff your right hand.

You have put the opposition leader and his son in jail when they said in parliament you are the richest PM in the world. And his colleague

Mr Karpal Singh too for 2 years. So I get a reward or bribe if I now say you are the poorest PM in this world?

Your 3 sons are sitting in the board of directors of more than 200 companies. They must have been educated in Harvard school of business and obtained distintions? Or is it "you don't know me you don't do business in Malaysia" law that applies. Billions of ringgit of Employee's Provident Funds and public Petonas funds are used to bail out your sons who make losses investing in every venture you thought you could make money. How unethical and corrupt.

Every one of your politicians are sitting on the boards of tens of companies making thousands without any effort, lending their VIP names to borrow millions from local banks without collateral. Now these have become non performing loans. Now you want 20 millions Malaysian to sacrifice for the folly of ONE man? Why not the fool resign and admit he wasted and took most of the money. I could teach you how to put your economy on tract but first you must apologize to the Jews and the Malaysian people as well.

'SOROS'

Sasterawan Negara jengah sendiri Sekolah Sri Perak

Salmiyah Harun

KUALA LUMPUR, 21 Nov: Nasib 204 orang pelajar Sekolah Kebangsaan Sri Perak, Bandar Baru Sentul yang masih meneruskan persekolahan mereka di bawah rumah pangsa 17 tingkat Dewan Bandaraya Kuala Lumpur (DBKL), mendapat perhatian Sasterawan Negara Datuk A. Samad Said semalam.

Selasa lalu, Samad yang lebih dikenali sebagai Pak Samad turun padang untuk melihat dari dekat suasana sekolah itu setelah membaca pendedahannya dari Harakah.

Beliau diiringi pengerusi dan setiausaha Lajnah Peneroka Bandar PAS Wilayah Persekutuan, Haji Ishak Surin dan Tarmizi Mohd Jam, Setiausaha Gerakan Mansuh PPSMI (GMP) Husni Abas dan beberapa Exco PAS Kawasan Batu.

Mereka sempat bertanya khabar dari beberapa guru di sekolah itu dan meninjau persekitaran yang kurang selesa yang tidak mencerminkan ia sebagai sebuah sekolah bantuan penuh kerajaan. Ketika kunjungan, semua pelajar dan guru sedang bersiap untuk latihan menyambut Hari Anugerah Pelajar.

Pak Samad melahirkan rasa sedih dan kecewa dengan nasib pelajar Melayu di sekolah itu, seolah-olah tanpa pembelaan untuk mendapatkan sekolah yang baru dan selesa. Beliau melihat sendiri keadaan yang tidak selesa, sesak, bising dan mempersoalkan tahap keselamatan sekolah tersebut, baik di dalam bangunan mahupun di luar.

"Kami tidak sempat berjumpa dengan guru besar. Begitu juga penolong guru besar. Kami hanya sempat bercakap dengan guru biasa di pejabat. Dia memang tidak boleh beri apa-apa ulasan. Itu kita tahu," katanya ketika ditemui sejurus melawat pejabat sekolah berkenaan.

Menurut Pak Samad, masalah sekolah ini wajar diambil perhatian yang serius oleh Kementerian Pelajaran memandangkan ia sudah lebih 20 tahun beroperasi.

Sebagai budayawan, mereka harus mengambil berat masalah ini kerana ia membabitkan orang Melayu tambahan pula para pelajar dan ibubapa mereka ini adalah rakyat yang bermaruah di negara ini.

"Kalau betul konsep 'rakyat didahulukan,' inilah masanya. Rakyat kena didahulukan. Kecuali mereka (kerajaan) tidak merasakan pelajar-pelajar di sini adalah rakyat. Kalau mereka rasa, pelajar ini adalah rakyat, kenalah rakyat di dahulukan," tegas beliau.

Kata Pak Samad, budayawan cuma datang untuk berbincang dan mengingatkan dan memberi kesedaran kepada pihak yang bertangungjawab bahawa masalah sekolah ini adalah isu besar dan tidak patut dibiarkan berlarutan hingga lebih 20 tahun sekolah di bawah flat.

"Kalau ada aliran lain, politik masuk (kawasan sekolah), budayawan masuk menunjukkan perhatian kita terhadap masalah ini amat besar, cukup serius" katanya.

Sementara itu, Pengerusi Lajnah Hal Ehwal Pekerja dan Peneroka Bandar, Ishak Surin dalam kenyataan medianya mendesak agar Menteri Pelajaran Tan Sri Muhyiddin Yassin dan pengarah Jabatan Pelajaran Wilayah Persekutuan, Sulaiman Wak agar datang melawat ke sekolah ini bagi meninjau suasana sebenar dan tahap prasarana serta keselamatan di sini.

Beliau juga mendesak kedua-dua mereka, mengadakan rundingan semula, mengkaji pembatalan projek pembinaan sekolah yang baru bagi menggantikan penempatan Sekolah Kebangsaan Sri Perak yang kini berada di bahagian bawah empat blok flat 17 tingkat milik DBKL itu.

Terdahulu, PAS Kawasan Batu telah menghantar memorandum berkaitan isu ini kepada Jabatan Pelajaran Wilayah Persekutuan dan mendedahkan masalah berhubung sekolah ini melalui media.

Ekoran itu, lima Ahli Parlimen PAS, Dato Mahfuz Omar (Pokok Sena), Datuk Seri Mohd Nizar Jamaluddin (Bukit Gantang), Firdaus Jaafar (Jerai), Siti Zailah Mohd Yusof (Rantau Panjang) dan Dr. Lo'lo' Mohd Ghazali (Titiwangsa), turut melawat.

Mereka turut melahirkan rasa terkejut kerana keadaan sekolah yang tidak menepati keadaan sebuah sekolah yang biasa.

Sekolah ini ditubuhkan sekitar tahun 1987 bagi menampung murid yang terlalu ramai. Bersebelahan rumah pangsa ini terdapat satu lagi sekolah rendah, Sekolah Kebangsaan Bandar Baru Sentul yang sarat dengan pelajar.

Terdapat 32 orang guru yang mengajar di sekolah ini, walaupun dalam suasana sekolah yang tidak memenuhi piawaian sistem pendidikan sebenar.

Sekolah ini diklasifikasikan sebagai gred A iaitu memiliki 700 orang murid dan ke atas.

Sebelum ini, cadangan membina dan menyiapkan sekolah mengandungi 30 bilik darjah di atas sebahagian lot 133, Sekyen 85A Kuala Lumpur itu telah diluluskan oleh Kementerian Pelajaran Malaysia dan akan dilaksanakan oleh kontraktor Contracthouse Sdn Bhd.

Menurut papan tanda projek sekolah itu dijangka siap pada 30 September 2009 dan dimulakan pada 1 April 2008 kira-kira setahun yang lalu.

Suruhanjaya Pilahanraya Tidak Berhak Membantah Pilahanrya Kecil Kota Si Puteh

Teresa: SPR perlu tahu kuasa speaker.
Suruhanjaya Pilihan Raya (SPR) dilihat seolah-olah mahu menegakkan benang yang basah untuk mempertahankan kerusi wakil rakyat Barisan Nasional di Dewan Undangan Negeri Kota Siputeh.

Exco Kerajaan Negeri Selangor, Teresa Kok berkata, sebagai sebuah suruhanjaya yang mengendalikan pilihan raya di negara ini, SPR sepatutnya tahu mengenai undang-undang yang termaktub dalam DUN.

“Kita harus faham keputusan yang dibuat oleh mahkamah ini juga berdasarkan kepada peraturan mesyuarat Dewan Undangan Negeri. Jadi saya memang tak faham bila SPR buat keputusan bahawa tiada perlunya membuat pilihanraya kecil. Kerana ini menunjukkan yang pegawai SPR memang tidak mengikut peraturan mesyuarat dan juga undang-undang yang termaktub dalam dewan undangan negeri”, kata Teresa.

Tambahnya, pilihan raya kecil yang baru memang tepat pada masanya memandangkan sikap sambil lewa bekas ADUN Kota Siputeh, Datuk Abu Hassan Sarif dengan tidak menghadiri sidang DUN.

“Tapi bekas ADUN Umno ini dia memang tidak kisah langsung untuk hadir sidang DUN Kedah. Jadi bagi saya tibalah masanya kita untuk tukar wakil rakyat”, tambahnya lagi.

Beliau berkata demikian ketika mengulas mengenai keputusan Mahkamah Tinggi mengisytiharkan kerusi berkenaan kosong selepas penyandangnya Datuk Abu Hassan Sarif tidak menghadiri dua persidangan DUN tahun ini.

Dalam penghakimannya, Hakim Datuk Alizatul Khair Osman Khairuddin menegaskan bahawa SPR bertindak secara tidak rasional dan keputusan suruhanjaya harus dibatalkan.

Meskipun tidak menolak SPR mempunyai kuasa untuk menentukan kekosongan kerusi DUN Kota Siputeh, namun Alizatul berpendapat, kuasa yang dimiliki oleh SPR tidak dapat mengatasi kuasa Speaker.

Perkara 51 Undang-undang Tubuh Negeri Kedah memperuntukkan bahawa jika mana-mana anggota DUN tidak menghadiri persidangan dewan tanpa kebenaran Speaker selama dua persidangan berturut-turut, maka kerusi yang diwakilinya akan menjadi kosong.

Keputusan Mahkamah itu juga disambut baik, Setiausaha Politik Selangor, Nik Nazmi Nik Ahmad dan Exco Kerajaan Negeri, Yaakob Sapari.

“Saya rasa keputusan itu mahkamah yang dibuat menunjukkan keputusan speaker dewan undangan Negeri Kedah merupakan tindakan yang betul kerana beliau tidak hadir selama dua penggal berturut-turut tanpa sebarang kebenaran daripada speaker”.

“Saya daripada awal lagi patut SPR tahu kuasa speaker dan semalam mahkamah memutuskan memang ada kuasa speaker. Mana-mana ADUN yang tidak hadir selama enam bulan berturut-turut, maka kuasa speaker untuk memastikan keputusan tersebut

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A closer Look at Talam Corp Bhd.

The Selangor government’s decision to approve an additional RM391 million budget allocation to Mentri Besar Inc (MBI) to take over the debts owed by Talam Corp Bhd to three state agencies has stirred controversy.

Basically, under the move, MBI will use the money to settle the amount (using Selangor Industrial Corporation as a channel?) that Talam owes Kumpulan Darul Ehsan Bhd, Permodalan Negeri Selangor Bhd and Yayasan Pendidikan Selangor. The state government (via SIC?) is then supposed to recover the amount due from Talam.

While critics are viewing it as a bailout, Mentri Besar Khalid Ibrahim says the rationale is to ensure that Talam gives a higher priority to its debt (to the state), incurred over the last decade, ahead of its other creditors. On 10 Nov, Khalid gave Talam three months to settle the debt, incurred in connection with several property development projects.

In any case, I hope the Selangor state government will also take action against those responsible in the three state agencies who allowed such a large debt to go uncollected for so long. What sort of security did they obtain from Talam?

Whatever the reason for the takeover of the debts, let’s take a closer look at Talam.

The Edge reported the following on 10 Aug 2009:

Talam, a township developer, has been classified as an affected company under PN17 since Sept 1, 2006, after its auditors were unable to provide an opinion on its results for its FY2006 ended Jan 31. Talam also defaulted on several of its term loans and bond obligations.

As part of Talam’s regularisation plan, the company issued a number of securities to various creditors, including the now-defunct discount house Abrar Discounts Bhd. Abrar received preference shares, loan stocks and Islamic debt securities worth RM423.35 million as settlement from Talam as part of the latter’s regularisation plan.

Profit/(Loss) before tax(at group level):

* 2009 – RM60.6 million
* 2008 – RM5.8 million
* 2007 – (RM6.9 million)
* 2006 – (RM772.6 million)
* 2005 – RM130.8 million

Talam directors (click here)

Directors’ remuneration:

* 2009 – RM1.9 million (9 directors, three of whom received more than RM300,000 each)
* 2008 – RM1.8 million

Debt (non-current liabilities) to equity ratio: 0.5 (previous year – 0.6)

Liquidity ratio (Current ratio):

* Current assets: RM1.5 million
* Current liabilities: RM2.4 million
* Current assets:Current liabilities ratio = 0.6:1 (previous year – same)

This means that its current (liquid) assets are much less than its liabilities due within a year.

“Other payables” amount to RM404.3 million.

Extract from Talam Annual Report 2009:

Other payables and accrued expenses

The obligation arising from the acquisition of land is in respect of obligations arising from the Universiti Industri Selangor (“UNISEL”) project, whereby the Selangor State Government had alienated three parcels of land to the Group in consideration for the development of UNISEL.

In 2001, Maxisegar Sdn. Bhd. (“MSSB”), a wholly-owned subsidiary, entered into an agreement with the State Government of Selangor for the financing and construction of the main campus of UNISEL on 572.16 acres of land at Berjuntai Bestari, Selangor Darul Ehsan for a total value of RM750 million. In return, the State Government of Selangor had alienated three parcels of leasehold land to MSSB as follows:

Acres RM’000
Batang Berjuntai 3,000 345,000
Taman Puncak Jalil 801 337,500
Saujana Damansara 110 67,500
Total 3,911 750,000

MSSB was unable to meet its financial obligation to bear the development and maintenance costs due of approximately RM134.0 million (“obligation due”) of UNISEL and as such, in the previous financial year, the long term portion of MSSB’s obligation under the said agreement has been reclassified to current liabilities and it has entered into an agreement with Kumpulan Darul Ehsan Berhad (“KDEB”) and Pendidikan Industri YS Sdn. Bhd. (“PIYS”) (both of which acted as nominees of State Government of Selangor) whereby MSSB agreed to settle the obligation due by transferring 1,715.9 acres of Batang Berjuntai land which the parties have agreed shall be valued for the purpose of settlement at RM80,000 per acre to KDEB and/or PIYS. The settlement agreement is pending fulfillment of certain conditions
precedent.

Substantial shareholders (based on Annual Report 2009):

(Based on Register of Substantial Shareholders as at 10 June 2009)
No. of Ordinary Shares of RM0.20 each
Direct Deemed
Name of substantial shareholders Interest %*4 Interest %*4
1. Tan Sri Dato’ (Dr) Ir Chan Ah Chye 130,769,592 6.78 854,561,543 *1 44.32
@ Chan Chong Yoon (“TSDCAC”)
2. Puan Sri Datin Thong Nyok Choo 7,493,945 0.39 977,837,190 *2 50.71
(“PSDTNC”)
3. Kumpulan Europlus Berhad 791,465,067 41.05 – –
(“KEURO”)
4. IJM Corporation Berhad (“IJM”) – – 791,465,067 *3 41.05
NOTES:
*1 Deemed interested through his spouse, PSDTNC, his daughter, Chan Siu Wei and by virtue of his interest in
Pengurusan Projek Bersistem Sdn Bhd, Prosperous Inn Sdn Bhd, Sze Choon Holdings Sdn Bhd and KEURO
pursuant to Section 6A of the Companies Act, 1965 (“Act”).
*2 Deemed interest through her spouse, TSDCAC, her daughter, Chan Siu Wei and by virtue of her interest in Pengurusan
Projek Bersistem Sdn Bhd, Prosperous Inn Sdn Bhd, Sze Choon Holdings Sdn Bhd and KEURO pursuant to Section
6A of the Act.
*3 Deemed interested by virtue of IJM holding 25% in KEURO.
*4 % shareholding based on voting share capital as at 10 June 2009 of 1,928,102,532.

On 17 July 2009, the Edge reported that Kumpulan Euro had disposed of a 9.10 per cent stake in Talam, a move which was described then as “puzzling”.
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21 November 2009 at 12.59pm | Tags: debt, MBI, property development, selangor, Talam | Category: Accountability, Malaysian finance/business | Printable version Printable version | Email this to a friend Email this to a friend

On Why Bloggers Rule and What Rules The Blogers (An Abstract)

By: Sonny Zulhuda

The Internet is now a common platform of over one billion users in the world who exchange information, trade communications and transact commerce every now and then. This is the realization of what the website founders initially sought to achieve, i.e. a two-way communications in the cyberspace where writing information should be as simple as reading it.

At the heart of this phenomenon is now the website log – or blog. Blog is not merely a new technology, but it is now a trend. Individuals use blogs to express their feelings. Companies engage themselves in corporate blogging where they capture beneficial information to upgrade their services and achieve corporate objectives, and where marketers capture potential customers while they advertise for their products. And more pressing of all, blog is now an alternative to conventional media industry where individuals easily publish reports of incidents accompanied by their comments and views while getting rid of editorial and spatial barriers of conventional media. People have now often referred to online blogs to get information on ongoing incidents day to day. Given this situation, the luxury of information is now something of the past.

However, the bright innovation brought by blogs is not shaped only by its advantageous benefits but also by its contentious side. The social structure that has long defined the way we share information through conventional media is now shaking. As the editorial rules are gone in the online blogs, so do perhaps the rules of ethics and law. Except that rules of law, by nature, are equipped by an enforcing power through the instruments of the state. This is why despite the relaxation of other conventional rules of the game; governments are not easily loosening the rules when it comes to infringing rights of other people.

Hence the potential clash between bloggers and the law, especially when the legal rules restricting freedom of speech is implicated. In many jurisdictions, such freedom is subject to many sets of laws against defamation, false speech, hatred, religious beliefs and political stability. In Malaysia, for instance, blogs gained limelight when recently some prominent socio-political bloggers were sued for defamation. Such was among the first of its instance to be settled in court.

In the light of the above, this note sees the importance of undertaking three things: first, assessing the new phenomenon of online reporting by bloggers and their effect to the conventional media. Secondly, investigating legal rules that may restrict bloggers’ activities, citing the special cases of Malaysia. And finally, identifying certain strategic measures for online bloggers in order to minimize liability risks out of their publication online. The main message is to highlight the reality behind cyber world: just because they are online, bloggers are not exempted from certain traditional rules that have long shaped our life. Some adjustments are nevertheless necessary given the special circumstances for which the Internet and the blogs are invented.

Incidents involving bloggers in Malaysia as reported by media:

* On 11 January 2007, two political bloggers, Jeff Ooi and Ahiruddin Attan were sued by the New Straits Times Press (Malaysia) Bhd and its staff over alleged defamatory words posted in their blogs. The plaintiff succesfully obtained court injunction to remove blog postings (The Star, 19 Jan 2007).

* On 23 July 2007, a police report had been lodged against Raja Petra under Sedition Act 1948, the Penal Code and the Communications and Multimedia Act 1988 for blog entries that allegedly contain writing that insult the YDPA, degrade Islam and incite hatred and violence between local ethnic group (The Star 23 July 2007).

* March 2008, High Court in Alor Setar, Kedah ordered Raja Petra to pay RM2 million to UUM and its VC Tan Sri Dr. Nordin Kadi for libellious posting alleging the plaintiff of plagiarism (The Star 27 March 2008)

* Raja Petra was detained under ISA 1960 for his blog comments allegedly insulting Islam and the Prophet Muhammad. (The Star Online, 23 September 2008)

* Another blogger, Syed Azidi Syed Aziz was on 17th September 2008 arrested under the Sedition Act 1948 for publishing an image of the Malaysian flag upside down in his blog and for calling other bloggers to do the same as a sign of protest against the ruling government (The Star 19 Sept 2008).

* Umno Youth has lodged a report against Opposition leader Tian Chua over doctored photos in his blog involving the Deputy PM (The Star 11 July 2007). On a related incident, Nathaniel Tan, an aide to PKR adviser Anwar Ibrahim, was arrested in connection with a doctored picture of DPM posted on the Net (The star 14 July 2007).

* Chief Minister of Sarawak (Taib Mahmud) sued Utusan Malaysia, Malaysiakini and PKR officials over reports making allegations of corrupt practices against him (The Star 17 May 2007).

* In Sessions Court KL, a private school lab assistant was fined RM10,000 in default five months’ jail for posting offensive comments against the Sultan of Perak on the Internet in February 2009. Azrin Md Zain, 33, who is attached to Kota Damansara school, became the first person to be convicted in the summons case under the Multimedia and Communications Act 1998. (The Star, 14 March 2009). On related incidents (All below from the same source):

* In the same court above, self-employed Muslim Ahmad, 54, claimed trial to committing a similar offence in Setapak between Feb 7 and Feb 8.

* In Petaling Jaya, land surveyor Nor Hisham Osman, 36, pleaded not guilty to committing the same offence his residence in Seri Kembangan on Feb 11.

* In KOTA KINABALU, mobile phone shop owner Rutinin Suhaimin, 36, pleaded not guilty before Sessions Court judge Ummu Kalthom Abdul Samad who fixed May 25 and 26 for trial. Rutinin allegedly committed a similar offence at 6.33pm on Feb 13 at a shop in the interior Kundasang town at the foothills of Mount Kinabalu. He was released on a RM10,000 bail.

* In BUTTERWORTH, a couple was jointly charged at the Sessions Court with similar offences. Businessman Chan Hon Keong, 26, claimed trial to committing the offence at his house in Permatang Pauh on Feb 13. His wife Khoo Hui Shuang, 27, was not present when the charge was read as she was away in Sarawak. Chan was released on a RM6,000 bail. His case will be mentioned on April 15.

Possibly related posts: (automatically generated)

* Making a Case for Cyberlaws
* E-Commerce and Consumer Protection in Malaysia
* FTC To Include Bloggers, Online Social Media in Ad Rules
* The cat and mouse game: bloggers vs. governments

Bank stealing our hard earned money

Who has tried to get an overdraft facility from a local bank only to be told to place a fixed deposit of similar amount with the bank?

How often have we heard of stories of small time entrepreneurs who needed bank loans to help their businesses only to be turned away because they do not have strong collaterals?

Has anyone who has a business idea but no capital tried approaching our local banks for a start-up loan only to be turned away for having no past track record?

The above are common knowledge among laymen Malaysians. Not to our political leaders though because they are never interested in our welfare and neither are they in touch with reality on the ground. And do not be fooled into believing that only non-bumiputras are faced with the above problems. The available government schemes are not that easily disbursed even to the bumiputra entrepreneurs. Not connected kot...

Malaysian banks are rubbish. From the ridiculously stupid requirement of requiring an introducer to open an account (what the hell for, seriously) to their level of service to the very objective of running a bank.

What are the main objectives of a bank? I will say to accept deposits, and to lend those deposits out for a gain via charging interests.

Are our banks meeting these objectives? Very partially. Accepting deposits - yes. Disbursing loans - no. But yet they are making vulgar profits. Huh?

Our local banks are no longer interested in making money from interests on loan. That's too risky as the loans may go bad. Over a business lunch recently, I took the opportunity to whack a couple of bankers that their bank should cease their operations and look for a new business if they are no longer interested in giving out business loans. (No I was not asking them for a loan). They are simply being overly cautious with their credit assessment. And those 2 idiot bankers had the cheek to ask me how I would feel if I am the one being asked to lend money out. For heaven's sake, I am not in the business of lending money - you are, jackass!

The truth is our banks have no clue what credit assessment is all about. Credit assessment is a difficult task as it requires the assessor to be somewhat of a Nostradamus. But poor skills and lack of capabilities have resulted in lazy approaches to be adopted based on 'policies' created by 'upper management'. It would seem that anybody can do credit application assessment nowadays. Forms have been created. If you meet enough ticks, you get your loan. The bad news is there are no 2 businesses that are the same. 1 simple form is not going to be able to cater for a 'living' entity like a business. How good are these jokers sitting behind the computers in interpreting the profit and cash flow forecasts and projections presented by businesses to the banks? How sound is their understanding of the hundreds of industries out there? Too much effort involved, too much skills required.

Fortunately for our banks, and unfortunately for us, they found a new source of income - service charges. Malaysians are complaining that banks are charging for everything but Bank Negara will not give a damn. After all, they want to keep the banks afloat.

Malaysians are charged like no tomorrow just to use their own money. Your bank charges start the moment you open a savings or current account - admin fee, search fee. Then you get charged an annual fee. Further fees will be charged if you don't maintain a minimum amount. Why? It's my money, why can't I spend it? Farking hell, you even get charged if your account is dormant. If you withdraw money from an ATM of another bank, you get charged RM1. And RM1.50 for internet banking fund transfer. Hello! Didn't I just save you some human effort for going techie? Why RM1.50 per transaction? And a hell lot of other transactions downright to the moment you close your god damn account. Click on any bank's website and look at their long list of service charges.

I really cannot begin to estimate how much our banks make every year from stealing this money from us. Yes, stealing. It is blardie legalised daylight robbery. But what I am sure is that this service charging is a multi-billion ringgit industry. Mind you, corporate accounts get charged much more than individuals. Multi-billion bucks of free income.

The Star reported on 16 October 2009 in the article titled "Public Bank Posts Higher Q3 Net Profit" that:

1. For the 9 months ended 30 September 2009, Public Bank made a net profit of RM1.84 billion
2. Other operating income increased by 10% to RM1.03 billion

What does the above tell you? More than 50% of Public Bank's profit came from non-core business. If that is the case, shouldn't the non-core business of the bank now be called it's core business? After all, Public Bank is no longer earning the bulk of its income from its lending activities.

And I am curious as to how much of this RM1.05 billion is earned from charging service charges.

Something is just not right with the way Malaysian banks are running their business. Consumers cannot be ripped off per the banks' wishes.

Banks have a social responsibility too. That is to move money around the economy. Giving out loans is one important aspect. I understand that giving out loans is risky business. The country's loan system was so poor pre the Asian Financial Crisis that the banks were hard hit. And oh don't we all know of the current Credit Crisis. But understand that these are the results of greedy and unscrupulous banking decisions. In both crises, money was given out like a running tap. There was pretty little credit assessment. And now we have the opposite.

There has to be prudent and sensible credit assessment and not form ticking like what we have now. Seriously, if banks are not willing to put in the effort to earn interest income and yet be able to balance the risks of lending, don't run a bank.

Money has to be earned. If it has to be earned the hard way, then so be it. Our banks are living on free for taking money via imposing never ending service charges. Go back to your core objectives of money lending. If the risks are too much to stomach, then I suggest that the banks look into other lines of businesses. There will be some others who are willing to earn money the hard way.

.