Malaysiakini barred entry: Perak state secretariat lockdown, again

Security would be severely tightened at the Perak state secretariat building during the crucial state assembly sitting next month, from May 6 until May 11.

MCPX

The state secretariat building, which houses the assembly hall and government offices, would be off-limits to members of the public during the duration.

Floors with access to the state assembly hall will also be off-limits to state secretariat staff that do not possess special permission.

The police would be cordoning off the building, while only a small number of journalists and three television crews would be allowed to cover assembly proceedings, which starts on May 7.

This is the second lockdown in three months. The first was to prevent an emergency sitting called by speaker V Sivakumar from being convened, resulting in the sitting being held under the now famous ‘democracy tree’.

Malaysiakini barred entry

Contacted today, state secretariat corporate and public relations department senior officer Noor Aniza Mansor said the move was ordered by state secretary Abdul Rahman Hashim.

Noor Aniza said that only those accredited by the state government would be allowed to enter the assembly hall.

“This is the state secretary’s directive to ensure a smooth meeting,” she said.

On the decision to limit the number of press personnel covering the assembly, Noor Aniza said only representative from “main media” are allowed entry.

However, entry is limited to only two journalists per organisation, except for state-owned RTM and TV3 who would be allowed to admit three personnel each.

Noor Aniza also said that all Internet-based media organisations, including Malaysiakini, would not be granted permission to enter the hall.

Pakatan will attend

The stage is now set for a May 7 legislative assembly showdown between the new Barisan Nasional government and speaker V Sivakumar, who BN is trying to replace.

In a related development, ousted Menteri Besar Mohd Nizar Jamaluddin has confirmed that Pakatan Rakyat state representatives would attend the assembly, albeit under protest, since notices for the assembly were issued without consent of the speaker.

“We will attend the assembly, out of respect to the speaker… We will be there to honour whatever decision the speaker makes,” he told reporters today, according to Star Online.

To a question, Nizar said that Pakatan would still sit on the right side of the speaker, reserved for the government members, and will not recognise BN as the legitimate government.

A suit filed by Nizar which will determine the rightful menteri besar of the state is pending at the Kuala Lumpur High Court.

Kuek Ser Kuang Keng & Andrew Ong, Mkini

Timbalan Pengerusi SPR diminta jadi calon penanti

KUALA LUMPUR, 30 APRIL (SK) – Timbalan Pengerusi Suruhanjaya Pilihanraya Malaysia (SPR), Wan Ahmad Wan Omar wajar dijadikan calon Umno-Barisan Nasional bagi pilihanraya kecil Dun Penanti yang bakal diadakan.

Menurut Ketua Angkatan Muda KeADILan Malaysia, Shamsul Iskandar Mohd Akin Wan Ahmad wajar dijadikan calon BN kerana kenyataan beliau yang dianggap menyebelahi Barisan Nasional.

“Jika Wan Ahmad masih mahu mempertahankan pendekatan yang bersifat kosmetik untuk menjaga imej dan menjamin kemenangan BN, maka wajarlah jika beliau sahaja yang menjadi calon Umno-BN di DUN Penanti kelak,” kata Shamsul dalam satu kenyataan semalam.

Beliau berkata sedemikian sebagai mengulas mengenai kenyataan Wan Ahmad yang kononnya kecewa dengan pendirian Pakatan Rakyat yang menolak syor pendekatan baru proses pengendalian pilihan raya seperti yang dilaporkan media, 27 April lalu.

SPR telah bercadang untuk menguatkuasakan beberapa pendekatan baru. Antaranya ialah menghadkan bilangan penyokong parti politik yang bertanding serta menguatkuasakan ‘hari bertenang’ menjelang proses pengundian dan melarang berkempen memancing undi semasa proses pengundian berlangsung.

Menurut Shamsul, rancangan ini adalah sangat jelas bertentangan dengan amalan demokrasi di mana-mana negara demokratik di dunia ini.

“AMK percaya bahawa pendekatan ini diilhamkan dalam keadaan lima pilihanraya kecil yang berlangsung sebermula di Permatang Pauh sehinggalah yang terkini di Bukit Gantang, Bukit Selambau dan Batang Ai, menyaksikan BN ditenggelami dengan ribuan penyokong Pakatan Rakyat yang hadir sewaktu penamaan calon,” Kata Shamsul lagi.

Shamsul menambah, walau ramai manapun bilangan penyokong yang hadir, ianya bukan satu masalah sekiranya pihak keselamatan bersikap profesional untuk mengawal provokasi melampau daripada mana-mana pihak.

Malah menurut Shamsul, terbukti dalam siri-siri pilihanraya kecil sebelum ini, penyokong Pakatan Rakyatlah yang terpaksa berhadapan dengan ugutan dan provokasi melampau oleh samseng upahan yang ‘jelas kelihatan’ menyokong BN.

Demikian juga dengan penguatkuasaan larangan memancing undi dan juga pondok panas. AMK, menurut Shamsul tidak lupa bagaimana pada Pilihanraya Umum 2004, larangan yang sama dikenakan ke atas semua parti politik, tetapi BN dengan angkuh tetap membina pondok-pondok panas di kawasan pusat pengundian.

“AMK menegaskan bahawa Pakatan Rakyat sama sekali tidak akan menerima alasan kononnya untuk mengelakkan ketegangan dan ketakutan di kalangan pengundi untuk menunaikan tanggungjawab mereka,

“Pengundi memang akan sukar dan takut untuk mengundi jika 2 perkara ini dihalalkan oleh SPR : kebanjiran pihak polis di seluruh ceruk kawasan dan juga hari pengundian yang jatuh pada hari bekerja,” katanya lagi.

bn Flip-Flop: Bullies at home, cry-babies abroad

That’s the Barisan Nasional (BN) government for you. All bully and bluster on the domestic scene, beating the people into submission with every weapon at its disposal – biased electoral system, bent judiciary, crooked police force, compliant media and all – and then, playing the victim on those rare occasions when the outside world can be bothered to comment on its activities.

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That was Dr Mahathir Mohamad’s ploy throughout his 22-year premiership. He ruled the roost through the power of political patronage and corruption plus ham-fisted crackdowns like Ops Lalang, the sacking of top judges in 1988 and the show-trial of Anwar Ibrahim.

At the same time, he claimed that international critics of his methods were just jealous because Malaysia was, as he never tired of claiming, “the envy of the world”.

Now he’s up to his old trick again, claiming that unfavourable international comment on the elevation of Najib Abdul Razak to prime minister is some kind of conspiracy against poor little Malaysia by the big, bad world media. And BN’s latest propaganda chief, Rais Yatim, is happily playing along with this pathetic proposition.

Rais was recently quoted by BN mouthpiece Bernama as making the somewhat weird statement that the foreign media “would use various terminologies relating to the prime minister’s character to give the impression that he was unacceptable to lead the country”.

Having euphemised the situation with the peculiar phrase “various terminologies”, he then went on to make the utterly false claim that “certain issues” which could tarnish Najib’s good name were “mere allegations made up by the media in Europe and the United States”.

Rais knows as well as you and I do that these “mere allegations” he’s so at pains to dismiss were not made up by the media anywhere, let alone Europe or the US. These allegations were first made – as distinct from made up – in Malaysia – by independent journalists, bloggers and others with the courage to speak out, and continue speaking out, despite strenuous attempts by the BN government to silence them.

Principal among Najib’s accusers is, as everybody knows, MalaysiaToday founder Raja Petra Kamarudin, who as a result has been hounded by the government with charges including sedition and criminal defamation, and two months in detention under the Internal Security Act.

Raja Petra was released from detention on a writ of habeas corpus filed by a legal team led by activist and lawyer Malik Imtiaz Sarwar, who last week was awarded the Bindmans Law and Campaigning Award by London-based magazine Index on Censorship for outstanding service against injustice.

Dismal situation

Malik Imtiaz strikes me as the kind of man every Malaysian should be proud of rather than part of what the paranoid government would like to portray as an international plot against the nation.

To me he’s the very personification of that much-misused and abused virtue, patriotism.

Malik Imtiaz appears to love his country as much as he loathes its oppressors. And to judge from an article he wrote last week titled ‘The truth about Malaysia’, he doesn’t pull his punches.

”Architects of autocracies would benefit tremendously from studying the Malaysian model,” he began.

“It stands as a shining example of how, given the right combination of greed, ambition, maladministration and contempt for the rule of law, any democracy can be recast into an autocracy while preserving the veneer of democratic process.”

Following a discussion of Malaysia’s dismal situation under BN rule and the Raja Petra case in particular, he concluded: “The situation is precarious. Malaysians want change and the elites that form the government are in no position to deliver it. Continued suppression and repression is the only way in which power can be preserved. That does not bode well for the nation.”

Admittedly he was writing for the UK Guardian, not gruesome BN government organs like Star or New Straits Times, but it’s ridiculous to imagine that the Guardian or Malik Imtiaz are part of a foreign media conspiracy against Najib in particular or Malaysia in general.

In fact as former BBC correspondent in Malaysia, Jonathan Kent, wrote in a letter to Malaysiakini the other day, “…almost nobody in the international media gives a fig for Malaysia”.

“Having reported for more than five years on the country, I know from bitter experience that it was a constant battle to interest any editor in the place.

“If Najib is attracting unwanted international media attention it is probably because it is really rather unusual for a head of government to find himself linked to the brutal murder of an attractive young woman or to huge and questionable commission payments for the purchase of armaments.”

With all due respect to Kent, suspicions of criminality surrounding heads of government around the world aren’t quite as unusual as some of us would like.

The newly-elected leader of South Africa’s ANC, Jacob Zuma, springs to mind, as do the Burmese generals, Zimbabwe’s Robert Mugabe, Sudan’s Omar Hassan al-Bashir, North Korea’s Kim Jong-il and dozens of their ilk on almost every continent.

But what they all have in common besides their ugly reputations, and thus their utter unfitness to govern, is their paranoid hypersensitivity to criticism.

So naturally whenever the world’s free media expose them for what they are, they see it as a monstrous conspiracy. But let’s not feel any more sympathy for these people than they do for their unfortunate citizens.

As long as BN and all the other bullies of the world seek refuge at home in secrecy and lies, let’s confront them with the truth internationally all the louder and more often, and ignore their cowardly, hypocritical cries.

Dean Johns, Mkini

1Malaysia: Sekadar Kosmetik dan Lunak Retorik!

Konsep Satu Malaysia, ciptaan Perdana Menteri Datuk Seri Najib Razak yang kini meniti dibibir setiap pemimpin Barisan Nasional adalah hanya sekadar slogan yang bersifat kosmetik semata-mata dan tidak lebih daripada itu.

Ketua Umum Keadilan, Datuk Seri Anwar Ibrahim menulis dalam blognya, anwaribrahimblog.com berkata, walaupun BN cuba menutup segala kelemahannya dengan satu lagi slogan kosong namun budaya rasuah, kronisma, amalan boros dan pembaziran serta perkauman masih hidup subur dalam budayanya.

“Namun jika ditinjau mendalam, apa yang diamalkan adalah sekadar kosmetik, atau botox yang menggantikan bedak sejuk dan celak.

“Kelonggaran dan liberalisasi adalah untuk menawan hati pengusaha kaya Cina asalkan tidak menjejaskan kepentingan projek, kontrak dan habuan kroni mereka.

“Dan isu lebih mendesak dari sudut prosedur tender, ketelusan, mengelak amalan boros, rasuah dan pembaziran tidak ditangani.

“Demikian slogan ampuh. Bagaimana pula dengan pengamalan “Satu Malaysia”? Lihat saja mesej perkauman dan assabiyah sempit dalam kursus BTN!,” jelas Ketua Pembangkang itu lagi.

Menurut Datuk Seri Anwar keadaan ini berbeza dengan pendekatan yang diambil oleh Pakatan Rakyat melalui gagasan Agenda Malaysia Baru yang menjurus kepada kepentingan rakyat terbanyak, termasuk kaum majoriti Melayu-Bumiputera terpinggir dan miskin atau Cina, India dan lain-lain kaum.

Tambah beliau lagi BN terpaksa mencerna satu lagi slogan bagi mengelirukan rakyat walhal hakikat yang dilaku adalah sebaliknya.

“Laungan di atas cukup melunakkan setelah (Menteri Besar) Pakatan Rakyat (Perak) difitnah sebagai alat Cina!

“Setelah didapati dukungan Cina dan India terhadap Umno-BN merosot parah, maka dikumandangkan semula slogan Satu Malaysia.

“Alahai mirip “Malaysian Malaysia” yang dituntut DAP sekian lama tetapi diserang Umno sebagai perkauman Cina.

Akhirnya pimpinan Umno sekonyong-konyong melutut kapada tuntutan perkauman,” tegas Ahli Parlimen Permatang Pauh itu.

Datuk Seri Anwar juga memberi contoh propaganda BN yang kononnya mahu berbicara mengenai perpaduan melalui Satu Malaysia tetapi realiti menunjukkkan dalam kursus anjuran Biro Tata Negara, golongan pelajar diracuni fikiran mereka dengan fahaman yang bertujuan melaga-laga  orang Melayu dengan kaum Cina.

Malah yang lebih dahsyat BN menyebarkan dakyat bahawa pemimpin Pakatan Rakyat seperti Datuk Seri Anwar dan Datuk Nik Aziz Nik Mat mengkhianati bangsa Melayu.

“Lagi pun tujuan mereka adalah untuk menyalahkan kalangan lain dan bukannya penjenayah dan perasuah besar yang menyebabkan Melayu hidup merempat setelah diperintah Umno selama setengah abad.

“Disebalik tabir, dalam gelap dan berselindung mereka menyerang tetapi bacul manakala berdepan!,” ujar beliau. TVantara

PKR to erect pondok panas on polling day

PKR will adhere to the Election Commission’s condition to bar active campaigning on polling day, but will still erect electoral booths (pondok panas) near all polling stations during the Penanti by-election in Penang.

MCPX

The party also disagrees with the EC’s rule to restrict the electoral campaign period for eight days from nomination day on Saturday May 23 until midnight on May 30, the eve of polling day.

PKR national election machinery director Saifuddin Nasution slammed the eight-day campaign period as ridiculous, insufficient and inadequate for any contestants to prepare the election machinery, mobilise workers and supporters and disseminate their messages across to electorates.

“A short campaign period is unjust and unfair,” he told reporters after speaking at a public forum organised by the party Bayan Baru division’s Youth wing in Penang last night.

He said the party would start its campaign soon, well before nomination day, but would stop canvassing votes on polling day on May 31, to provide the cool off period for electorates.

He said pondok panas were erected by political parties not to canvass votes but to compliment EC and provide an electoral service to voters to cast their ballots without much hassle.

“It’s a free service provided by political parties to all voters. I don’t understand why the EC wants to stop this,” said Saifuddin, the Machang parliamentarian.

He also recalled that EC banned pondok panas in the 2004 general election, only to lift it before the polling day without informing non-Barisan Nasional parties.

“Then Barisan Alternatif did not erect any pondok panas but BN did. We are going ahead with our pondok panas,” he said.

EC head Abdul Aziz Mohd Yusof said political parties and their supporters will be prevented from canvassing for votes and campaigning on polling day in the Penanti by-election to allow a cooling-off period for voters to make their choice.

“We have allowed a campaign period from the nomination day until midnight eve of polling day on May 31, and all parties will have to campaign within that (period),” he added.

He also did not rule out the possibility that the number of supporters accompanying candidates on nomination day would be limited to a “sensible” number, so that the police strength can also be reduced.

To this, Saifuddin pointed out that it was the duty of the police, not the EC, to maintain law and order during election period.

“An election is a democratic fun fare for Malaysians. What’s wrong in political parties mobilising its supporters by the thousands to accompany their candidates during nomination day?

“EC should stick to its job of conducting a fair and just electoral process for all parties and people,” stressed Saifuddin, who said the PKR election machinery was well oiled and geared up to secure a big victory in the Penanti by-election.

Looking at a big win

Disclosing that the party had identified its position, prospects, issues and problems it would face in the campaign, he said his team had drawn out a comprehensive and aggressive election strategy to tackle all obstacles to secure a big win.

“We are prepared and up to the challenge in Penanti. I believe our winning prospect is good although we have to work hard to secure it.

“We are looking at a big win,” said Saifuddin who will head the Pakatan Rakyat election operations in Penanti.

The seat fell vacant when former Penang deputy chief minister I Mohammad Fairus Khairuddin resigned on April 16

The state seat comes under PKR supremo Anwar Ibrahim’s Permatang Pauh parliamentary constituency – a PKR stronghold.

In the Permatang Pauh by-election last August, Penanti voters gave Anwar a thumping majority of 3,276.

PKR’s Abdul Rahman Abdul Kadir won the state seat in 1999 before losing it to Permatang Pauh Umno chief Abdul Jalil Abdul Majid in 2004. He in turn lost to Mohammad Fairus last year.

First-timer Mohammad Fairus took the seat with a majority of 2,219. He polled 7,346 votes against Abdul Jalil’s 5,127.

Former academician and PKR state deputy leader, 58-year-old Mansor Othman is the PKR candidate for the by-election.

Although Umno has not decided on whether to field a candidate, Saifuddin believes the rival party would eventually contest due to grassroots pressure.

He expects Umno to play up the issue of ‘Mansor the outsider’ to stir local sentiments during the campaign, but it would not have much impact on the result.

“There are so many people who have contested and won outside their home state, including myself.

“I am a parliamentarian from Kelantan and previously won the Lunas state seat in Kedah even though I was actually born in Singapore,” said Saifuddin.

Fairus issue needs to be addressed

When contacted, Mansor, the PKR Balik Pulau division chief  who was born in Bayan Baru, acknowledged that Umno would use the issue to stir local sentiment.

“But I don’t think it would work because people are more interested in service-orientated representatives, someone who can deliver.

“Moreover I am not an alien to the area for I have worked for the party in Penanti since I was the state chief in 1999,” he told Malaysiakini.

Saifuddin however, conceded that the party needed to address the disgruntlement of PKR supporters and constituents over the “Fairus episode.”

An estimated 30 percent of the electorate is said to be unhappy over the manner the party leadership handled the controversy.

“We will explain thoroughly on the reasons for Fairus to resign and the need to replace him with a new leader,” said Saifuddin, adding that the former Penanti representative would also join the party campaign.

Athi Veeranggan, Mkini

Material on Altantuya and najib Altantuya sell like hot cakes

By Wong Choon Mei

If Prime Minister Najib Razak and his supporters think the fuss surrounding the murder-and-commission case of beautiful Mongolian translator Altantuya Shaariibuu will fade now that two policemen have been found guilty and sentenced to hang for her killing, then they couldn’t be more wrong.

Judging by the way Malaysians snapped up material detailing her horrific murder by ruthless people, the 28-year old Altantuya – who was pregnant when she was shot in face and then bombed to pieces to avoid identification – is set to become part of national folklore.

Much the same as actress Marilyn Monroe – allegedly the mistress of a former president – is in US political history.

More than 1,000 packets containing translated copies of foreign news reports on the Altantuya story were sold out within minutes. The pack also contained a book plus VCD on an assault alleged to have been committed by Defence Minister Ahmad Zahid Hamidi.

Vendors who priced the pack at RM10 each had set up stall at a forum organised by Parti Keadilan Rakyat’s Bayan Baru Youth wing on Wednesday night.

PKR leaders who attended were Machang MP Saifuddin Nasution, Batu Maung assemblyman Abdul Malik Kassim, Pantai Jerejak’s Sim Tze Tzin, Batu Uban ‘s V Raventhiran and supreme council member Badrul Hisham.

The event is one of the many ceramah or political lectures lined up ahead of the Penanti by-election, which is due to polled on May 31. Nomination day is May 23.

In his speech, Saifuddin, who is also PKR election director, asked the Umno-BN government to explain why there were so few congratulatory messages from other world leaders when Najib took over as Malaysia’s sixth prime minister on Apr 3.

“Is it because of Altantuya’s articles that appeared in 19 international newspapers?” asked Saifuddin.

“If Najib has nothing to do with the murder, he should immediately sue these international newspapers that linked him to the gruesome killing,” said Badrul, the Rembau division chief.

Sue or face Altantuya at her funeral

To protect the image and reputation of the country, Badrul then issued an ultimatum to Najib. Sue and clear your name, or face the wrath of Malaysians!

He plans to organise a mammoth funeral for Altantuya, with a convoy of vehicles carrying a coffin containing her effigy from Rembau to Penanti if Najib does not begin legal proceedings before May 23.

The move is intended to shake Najib out of what is perceived to be deliberate inaction on his part. Despite protesting his innocence, huge question-marks abound in the murder trial, especially when his close associate Razak Baginda was acquitted of abetting her murderers in a court ruling that has confounded the nation and legal practitioners alike.

As a result, public disquiet has simmered and intensified over the brutal murder and the RM530 million commission Najib allegedly swung from French shipbuilder Armaris for Malaysia’s purchase of three high-tech submarines.

The conservative Parti Se-Islam Malaysia or PAS earlier this week wrote to the Council of Malay Rulers seeking the establishment of a Royal Commission to probe Najib involvement in the case.

“Reports alleging the existence of a relationship between Najib and Altantuya through the purchase of a fleet of submarines have been reported in India, Australia, Korea, Thailand, etc,” PAS said in its letter.

“These reports have been featured by no less than 19 international media organisations, and all of them depict the prime minister as a person who is corrupt and involved in abuse of power, sex scandals as well as the murder of the Mongolian model.”

PAS also warned that unless a full-scale independent inquiry was carried out immediately, not only would Malaysia’s image be tarnished, but its economy may suffer as foreign investors lose confidence in its institutions and legal system.

“This shows that Najib’s credibility as a prime minister has been openly questioned at the international level. We are also worried that if Altantuya father, Setev Shaariibuu, is unsatisfied with the Malaysian High Court, he may bring the case to the International Court of Justice.” SK

‘Sue or we stage mock funeral for Altantuya’

A PKR leader has challenged Prime Minister Najib Abdul Razak to sue all the international media groups that linked him to the murder of Altantuya Shaariibuu or face a mammoth nationwide mock funeral procession for the slain Mongolian national.

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In issuing the ultimatum at a public forum in Penang last night, PKR supreme council member Badrul Hisham set nomination day for the Penanti by-election (May 23) as the dateline for Najib to file his suits against the media groups across the globe.

“If he has nothing to do with the murder, Najib should immediately sue those international newspapers, some 19 of them, that linked him to the gruesome killing,” he said.

Badrul, the PKR Rembau division chief, told this to some 1,000 people in a hard-hitting speech during the forum held at a municipal wet market complex in Bayan Baru.

If Najib failed to meet the dateline, Badrul, commonly known as “Chegu Bard”, warned that he will lead a mammoth convoy of cars and trucks carrying a coffin of Altantuya’s effigy from Rembau to Penanti during the by-election campaign.

PKR national election machinery director and Manchang parliamentarian Saifuddin Nasution, local assemblypersons Abdul Malik Kassim (Batu Maung), Sim Tze Tzin (Pantai Jerejak) and V Raventhiran (Batu Uban) also spoke at the forum organised by PKR Bayan Baru division’s Youth wing.

‘Remote controlled by Dr M’

Meanwhile, an enveloped package, containing translated copies of foreign newspaper reports on the Altantuya murder, and a book and a video compact disc on an alleged assault crime committed by Minister in Prime Minister’s Department Ahmad Zahid Hamidi enjoyed brisk sales at the forum.

Within minutes after Badrul introduced the RM10 package, which had Altantuya’s photograph on the cover, some 1,000 envelopes were sold like hot cakes.

The package is set for brisk sales during the Penanti by-election campaign period.

Badrul said he could not help but take a swipe at Najib over the Altantuya episode for it involved the image, reputation and pride of the country’s prime minister.

“When the prime minister is implicated in such a crime, the country is at risk of being controlled by the foreign powers. We risk international condemnation,” said Badrul.

In his speech, Saifuddin called on the government to explain the reasons behind the lack of congratulatory messages from governments around the world for Najib’s appointment as the country’s sixth prime minister.

“Is it because of the (Altantuya’s) articles that appeared in 19 international newspapers?” he asked.

He said although Najib was against Umno contesting the Penanti by-election, the party would eventually field a candidate because “the prime minister is just a puppet of former prime minister Dr Mahathir Mohamad.”

Since Mahathir wanted Umno to challenge PKR in Penanti, he said Najib would follow orders because “the former premier is the remote controller of the current premier.”

“Najib does not have the backbone to stand up against his old master. This is dangerous because it would revive Mahathirism and send Malaysia back to the dark ages,” he said.

Athi Veeranggan, Mkini

Dr Mansor wants new style of Malay politics

Pakatan Rakyat candidate for the Penanti by-election Mansor Othman wants to give a new dimension and perspective to Malay leadership in Penang, away from the stereotype racist politics ala Barisan Nasional.

If elected as an assemblyperson and subsequently appointed as Penang Deputy Chief Minister 1, he stressed he would not be just another typical Malay leader embarking on communal politics.

Mansor said he would provide a different vision of Malay leadership under the Pakatan state government by representing and carrying out beneficial programmes for all communities, especially the needy and underprivileged people.

He rejected the BN’s racial-based policies, in which a Malay leader would only take care of his community, a Chinese for Chinese and an Indian for Indians, as an outdated stereotyped politics that would only take the Penang backwards.

“Communal politics would do more harm and than good to the state and nation.

“I want to move away from it and be a Malay leader focusing on programmes to help all, not just Malays,” said Mansor, the PKR’s Penang deputy chief and national election machinery director.

He pointed out that Umno-led BN governance style of divide and rule based on ethnicity was rapidly becoming an endangered species in the current political climate.

Mansor foresees that the concept of sharing and caring for all, with all and by all espoused by his party, the PKR and Pakatan coalition would be the future political fundamentals.

“We in Pakatan are definitely moving away from racial based politics.

“We must drive the country away from BN and Umno style of communal politics.

“I will surely provide a new dimension and perspective to Malay leadership and politics in Penang,” he told Malaysiakini in an exclusive interview yesterday.

If he were to become the next DCM 1, Mansor assured that he would tackle heads on the Umno concoction that “Penang Malays have been neglected”.

“I would to address and resolve the problem,” he said.

Rates a good chance of winning

He said he was looking forward to work closely with Chief Minister Lim Guan Eng to assist the state government to resolve various pressing issues such as housing, education and poverty.

“I will compliment Lim and reduce his burden in administrative works,” said the former associate professor from Universiti Sains Malaysia.

When announcing party candidature for Penanti by-election, PKR supremo Anwar Ibrahim said Mansor was chosen to contest Penanti “due to his strong academic credentials, political background and administrative experience”.

“We need him to assist the chief minister to carry out the state administrative task efficiently and effectively,” said Anwar.

Mansor was among the founding member of PKN, the predecessor of PKR, in 1999 and was first and longest serving Penang party chief.

If elected, Anwar said Mansor would be the party nominee for the vacant DCM 1 and an executive councillor post to fulfil the PKR quotas in the DAP-led state government.

Both positions fell vacant when incumbent Mohammad Fairus Khairuddin resigned effective April 8 after he was embroiled in a graft investigation by the Malaysian Anti-Corruption Commission (MACC).

And on April 16 Fairus resigned as assemblyperson for Penanti, which comes under Anwar’s Permatang Pauh parliamentary constituency, a PKR stronghold.

Polling is on Sunday, May 31 and nomination falls on Saturday, May 23.

Prior to Penanti, Mansor has lost all his electoral battles – to Zain Omar in the Balik Pulau parliamentary duel in 1999, to Ariff Shah Omar Shah in Seberang Jaya state seat contest in 2004 and to Muhammad Farid Saad by 2004 in Pulau Betong state constituency.

But this time he is confident of finally breaking the duck and securing his first electoral victory.

Despite Umno’s delay in deciding whether or not to contest Penanti, he expects the party to finally field a strong candidate to challenge him.

“It’s not Umno’s style not to contest,” said Mansor, who rated his chances at 60-40 given that Penanti is the territory of Anwar and PKR, and the people’s general mood for a change.

“But I am not over confident nor complacent.

“We have to work hard and ensure a big win,” he stressed.

Athi Veeranggan, Mkini

Under bn state govt: SAM wants thorough probe on activist’s death

The police has been urged to thoroughly investigate the death of farmer and environmental activist Chong Sow Pin who was found dead in a plantation estate Tuesday.

MCPX

Environmental activist group Sahabat Alam Malaysia (SAM) president SM Mohd Idris said Chong was found dead in his plantation in Raub under mysterious circumstances.

“He was missing for two days before family members and committee members mounted a search for him,” Mohd Idris said in a statement yesterday.

Chong is among the key figures in the ad hoc committee formed by community members of Kampung Baru Bukit Koman, located in Raub, Pahang to stop a nearby gold mine which uses the deadly chemical cyanide in its activities.

It is learnt that Chong, like many villagers in Kampung Baru Bukit Koman, was fearful for his health since the gold mine started operations in February this year and stayed alone in the plantation, which is 8km from the mine.

According to Mohd Idris, the Bukit Koman community had suffered from “bad odour and noxious fumes” at least four times since February.

“The odour caused residents to suffer from breathing difficulties, nausea, vomiting and headaches,” he said.

‘Police harassment’

In a related development, Mohd Idris also claimed that Chong and three fellow  community activists – Wong Kin Hoong, Hue Fui How and Mustapha Hussin – were subject of police harassment.

The four are applicants in a suit against the gold mine operator.

In his statement, Mohd Idris listed four instances of alleged harassment in the form of telephone calls about their whereabouts and movements, repeated questioning on whether the committee would hold demonstrations and late night detentions.

On April 20 and 21, a total of six committee members were detained at night, purportedly for trespassing at the gold mine. The six have been ordered to appear in court on May 8, said Mohd Idris.

“The said persons are retirees whose families have lived in Bukit Koman for generations and are respected members of the society. They have at all times cooperated with the police.

“The manner in which the police acted was unnecessarily harsh and serves only to intimidate the community. What is more important is that the police reports filed by the community regarding the mining operations have been ignored,” he said.

The gold mine is within close proximity of Kampung Baru Bukit Koman and residents claim that the Environmental Impact Assessment report for the project did not comply with the
Environment Quality Act.

Political and royal links

The Raub Australian Gold Mining Sdn Bhd is a company which enjoys strong political and royal links.

The chairperson of the company is Andrew Kam, son of former MCA secretary-general Kam Woon Wah.

Meanwhile, Pahang princess Tengku Nong Fatimah Sultan Haji Ahmad Shah and her ex-husband Mohamed Moiz JM Ali Moiz are shareholders.

Mohamed Moiz is also a non-executive director of the company, according to the company’s website.

Meanwhile, the company is also collaborating with the Pahang Development Board in prospecting and goldmining operations in the state.

Mkini

A by-election in Selangor?

Kota Alam Shah state representative M Manoharan, who is under the Internal Security Act detention, is believed to be considering quitting his seat, Malaysiakini learnt today.

A source close to the detained lawyer said that he was growing frustrated over his inability to serve his constituents.

“He also realises the pressure he has put on his wife to work as his representative in his absence,” added the source.

His wife S Pushpaneela (right) has to juggle her time in taking care of their four young children, his legal office and his constituency, added the source.

Manoharan was detained under the ISA on Dec 13 in 2007 along with four other Hindraf leaders.

He was a legal advisor for the movement, which has since been banned by the government.

He then contested under the DAP ticket for the Kota Alam Shah state seat in Selangor while in custody and defeated BN-Gerakan’s Ching Su Chen by 7,184 votes.

Various appeals to the government and judicial reviews in courts to seek his freedom have been unsuccessful.

In his absence, Pushpaneela and several volunteers have been taking care of the constituency with the help of some DAP leaders.

“However, the workload is just too much on her. She is after all not the elected representative and there is only so much she can do for the people,” added the source.

Manoharan is now believed to have decided that it would be better for someone else to do the job as the state assemblyperson in Kota Alam Shah.

Wife meeting him on Saturday

When contacted, Pushpaneela refused to comment on the matter.

“I can’t say anything until I have met him at the Kamunting detention centre this Saturday,” she said.

“Please wait until Saturday for further information on this,” she added.

If Manoharan steps down from the seat, it will pave the way for the seventh by-election in the country after the March 2008 general election.

As it is, a by-election is just around the corner – for the Penanti state seat in Penang, which will be held on May 31.

That seat became vacant after its PKR’s representative Mohammad Fairus Khairuddin quit on April 16.

The Kota Alam Shah by-election, if it happens, would be the first in Selangor and for DAP.

Pakatan has 36 seats in the state assembly as opposed to 20 held by Barisan Nasional.

The decision by Manoharan to step down, if it materialises, would come as a shock to state leaders as this was one seat which they had not anticipated a by-election.

The state however came close to hold a by-election for the Bukit Lanjan state seat held by PKR’s Elizabeth Wong after semi-nude photos of her were circulated in public earlier this year.

That did not materialise after Wong decided against resigning the seat.

Will BN contest?

A by-election in Kota Alam Shah would also put BN in a quandary as the coalition’s chairperson and Prime Minister Najib Abdul Razak had recently lashed out at elected representatives from the opposition for quitting their seats for flimsy reasons.

Najib had argued that the nation was better off spending money on fighting the ongoing financial crisis than wasting it on by-elections.

Worried that the ruling coalition will suffer its fifth consecutive defeats in the Peninsular, BN is contemplating not contesting the Penanti state seat. However, a final decision is expected on Monday.

The coalition may take a similar stand on Kota Alam Shah if the seat becomes vacant.

“But in the case of Manoharan, it is not that he does not want to serve his constituents. It is the decision of the government to hold him under detention, thus disabling him from performing his duty,” said the source.

“There is no way Najib can call Manoharan’s reason to quit as being flimsy. He (Manoharan) is after all seems to be thinking for the benefit of his voters,” added the source.

The Kota Alam Shah seat falls under the Klang constituency, which is also held by DAP.

K Kabilan, Mkini

An inconvenient kangaroo judge

By Debra Chong,

Chan Nyarn Hoi lives in a modest two-storey semi-detached house in a quiet lane near the state stadium in Perak with his wife, a dog and seven large Japanese carp.

At 74 years old and with ruddy smooth cheeks under a full head of snowy white hair, few would connect him to the acerbic, no-nonsense former judge Datuk N.H. Chan, who has in the last couple of months done the unthinkable: fire away missives at judges who have trampled on the Federal Constitution in deciding issues related to the power grab in Perak. His lengthy articles have reminded Malaysians of a time gone by when towering individuals sat on the Bench and simplified the Perak constitutional crisis for the common man.

Still seething over the events that transpired in Perak and decisions of the apex court, he says that if Malaysians are upset with the state of the judiciary and think that the present crop of judges are not up to the mark, they should exercise the power of their  vote to change the state of affairs in the country.

Born in Ipoh on March 27, 1935, Chan was admitted to the Bar in 1961. He was a lawyer for almost two decades before becoming a High Court judge and moving to Kuala Lumpur.

He was among the first batch of High Court judges to be elevated to the Court of Appeal, set up in 1994 to act as an intermediate court between the High Court and the apex court.

Chan’s first book, “Judging the Judges”, was published in 2007 and is a collection of his articles for the Perak Bar. Only 1,000 copies were published.

His second book, “How to Judge the Judges”, is expected to come out some time in the middle of the year. The final draft has just been sent to the publishers. They wanted him to include the Perak saga as well, but because it is ongoing, he had to draw a line somewhere. He has included some information in the epilogue.

In an exclusive interview, the former judge, who was recommended to the Bench by none other than Sultan Azlan Shah, the Sultan of Perak and a central figure in the present crisis, tells The Malaysian Insider why he feels compelled to speak out.

Q: Unlike many former judges, you have been very vocal in your criticisms against the judiciary. What drives you?

A: In the first place, I am not against the judiciary. I am sure there are some good judges around, only they have not manifested themselves in the present constitutional, should I say, crisis in Perak.

I expected James Foong JCA (as he then was, he is now a Federal Court judge) to do the right thing but he failed to do that. I suppose it takes great courage for a Court of Appeal judge who sat as a winger in the Federal Court to give a dissenting judgment.

Now, back to your question. When I became a judge I had to be true to my calling which is to know that the essence of justice is fair trial and the duty of the judge is to administer it according to law.

Lord Devlin in his book “The Judge”, wrote on page 4: “…impartiality and the appearance of it are the supreme judicial virtues. It is the verdict that matters, and if it is incorrupt, it is acceptable. To be incorrupt it must bear the stamp of a fair trial.”

And at page 85 he said: “The first — ought one to say the whole — duty of the judge is to administer justice according to law.”

Back to page 3, the book said: “What is the function of the judge? Professor Jaffe has a phrase for it — ‘the disinterested application of known law’ (Jaffe in his book “English and American Judges as Lawmakers”, page 13)”

This means that the judge’s only duty is to do justice in the disinterested application of known law. Known law means basic law and the term includes both common law and statute law.

The judge who gives the right judgment but does not appear to be impartial is useless to the judicial process. After that, the judge’s whole duty or function is to decide the case according to law on the admissible evidence before him.

And what do you call a judge who does not administer justice according to law? A renegade judge? So now you know why I am so vocal when I admonish the errant judges who did not apply unambiguous law as it stands.

Q: You have been especially blunt in your views over the issues in Perak. Why so?

A: You mean for calling a spade a spade? What do you call a judge who doesn’t follow or apply easy to understand and unambiguous statute law as it stands?

Like Article 72(1) of the Federal Constitution which says: “The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”.

This law applies to all members of the legislative assembly — it does not matter if you are DAP or PKR or MCA or Barisan Nasional or any political party. Even a child could understand the plain meaning of the words. We do not need the Federal Court to interpret (meaning “explain the meaning of”) the words for us. Nor do we need any law professor from Singapore to tell us Malaysians that the courts should have the power of judicial review over what has transpired in Parliament or a Legislative Assembly.

There is separation of powers between the Legislature and the Judiciary of this country. We all know that one can apply to the courts for a judicial review over executive actions. But there is no such thing as judicial review over what transpired in the legislature — if there is such a thing then we can have judicial review over the passing into law of certain Acts of Parliament that we don’t like — like the ISA.

A long time ago when I was a High Court judge, I have sentenced many criminals to death without qualms. But personally I am against the death sentence because it is barbaric. But as a judge I must apply the law as it is.

To quote Lord Denning: “It is their [the judges] duty to administer and apply the law of the land. If they should divert it or depart from it — and do so knowingly — they themselves would be guilty of a misuse of power.”

I would never dream of doing such a thing.

Q: Why did you choose to air your views so publicly? I’m trying to understand why you got involved.

A: I’m only an outsider and I don’t care. But when everybody is missing the point and all that — and some of them have not even read the Perak Constitution, I thought I better explain why the people are angry.

Q: Why do you think the people are angry?

A: Do you know why the Perakians were up in uproar against the Sultan of Perak?

It’s because, as any lawyer will tell you, especially as he was Lord President before, that before you make a decision, you cannot see the parties. If you want to meet any of the parties, both of them must be present. You never do so by seeing one and then making a decision. The moment you do that, to the losing side or to any observer will think you have been influenced. So it’s the impression that counts.

They were angry with the Sultan because they can sense it in their bones that it is wrong to make a decision to see the other side first.

Q: Is the Sultan morally wrong or legally wrong?

A: If the Sultan had executive powers to rule, it is legally wrong, so they could apply for judicial review of the Sultan’s decision. But I pointed out in my first article he has no executive power to rule because he is not an executive monarch, he is a constitutional monarch. What he did was morally wrong.

Q: You must have seen many things during your time as a judge. What is wrong with Malaysia’s justice system? What can be done to correct it? And what’s stopping the necessary changes from taking place?

A: I don’t think there is anything wrong with our judicial system. It is the players that we should be concerned with — if we get the right people on the Bench, that is, those people who are not interested in power — because power corrupts, those fair-minded individuals who would administer justice according to law, then we will have a judiciary to be proud of.

We used to have that at one time. And if the general public think that the present crop of errant judges are not up to the mark, then the remedy is to use the power of the vote to change the present state of things.

At the general election of 1906 the common people of England toppled the Conservative Government of the day because they were unhappy with the decision of the House of Lords in the Taff Vale case which had virtually put an end to trade unions six years earlier.

That case had immense political consequences. At the general election of 1906 the opposition pledged complete immunity for trade unions.

Lord Denning said in his book “Landmarks in the Law”, page 121: “The result of the general election was like an earthquake. … It was a sweeping victory for the trade unions. Parliament immediately passed the Trade Disputes Act 1906. It is probably the most important Act ever put into the Statute Book. It reversed all the judicial decisions against trade unions. The Taff Vale case was overruled. No trade union could thereafter be sued for damages for any wrongs done by its members. Its funds were unassailable.”

There is a well known Spanish proverb which says, “He who goes with wolves learns to howl.” So that if the electorate don’t trust the judges they tend to put the blame on the government who put the judges there.

Q: Many ordinary Malaysians today feel powerless to affect positive changes to the institution of the judiciary because they lack legal knowledge. Do you agree with this view? How do you think they can work to bring about the change they want?

A: I think the real problem is this. In most cases when you read about a court decision in the newspapers, the judgment of the court is expressed in such a way that the average reader will not know if the judge is right. So invariably, we assume that the judge must be right.

I do realise the problem, so I thought I should try to explain the issue in simple language so that everyone will be able to judge for himself whether the judge is doing the right thing or not.

Lord Denning was famous for explaining difficult law in such a way that any lay reader can understand it. Now that they know how to judge the judges by reading my articles, they could, if they thought they have been short-changed by the judges, do the same thing as was done by the electorate in 1906 England. They have the power to change the government of the day by their vote in the next general election.

The opposition, in order to get the people’s vote, could pledge to undo all the wrongs done to the community by the judges. They could pledge that if they were given the mandate of the people to form the next government, they would pass an Act of Parliament to overrule such unjust decisions of the Federal Court such as Adorna Properties vs Boonsorm Boonyanit, the Asean Security Mills, PP vs Datuk Seri Anwar Ibrahim as well as all the decisions of the Federal Court pertaining to the Perak constitutional crisis which were not decided according to law — where the court had blatantly refused to apply Article 72 of the Federal Constitution.

They could also pledge to remove the errant judges from office. This is how it could be done.

In “What Next in the Law”, Lord Denning said, page 319: “Parliament is supreme. Every law enacted by Parliament must be obeyed to the letter. No matter how unreasonable or unjust it may be, nevertheless, the judges have no option. They must apply the statute as it stands.”

Yet the errant judges, especially the five in the Federal Court, have refused to apply Article 72 of the Federal Constitution as it stands.

In his book, “The Judiciary in Malaysia” (Asia Pacific Publications Sdn Bhd, 1994) the then Chief Justice of Malaysia Tun Abdul Hamid Omar said, page 88: “… the provisions dealing with the removal of judges in pursuance of an address in Parliament … was modified to provide for a special tribunal to be established for the removal of judges.”

That is incorrect. Actually Article 125(3) of the Federal Constitution only applies to judges of the Federal Court.

At the time of the fracas between the then Lord President Tun Salleh Abbas and Prime Minister Datuk Seri Dr Mahathir Mohamad in 1988, Article 125(3) of the Federal Constitution provides for the removal of judges of the Federal Court on the ground of “misbehaviour or of inability”.

Article 125(3) and (4) reads:

“125(3) If the Prime Minister, or the Lord President after consulting the Prime Minister, represents to the Yang di-Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of misbehaviour or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di-Pertuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.

“125(4) The said tribunal shall consist of not less than 5 persons who hold or have held office as a judge of the Federal Court, the Court of Appeal or a High Court or, if it appears to the Yang di-Pertuan Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonwealth, and shall be presided over by the member first in the following order, namely, the Chief Justice of the Federal Court, the President and the Chief Judges according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date).”

The book “The Judiciary in Malaysia” said — this part is significant so do pay special attention to it — page 89: “Until the recent amendment in 1994, the grounds for the removal of a judge was ‘misbehaviour or of inability’, The Constitution (Amendment) Act 1994, however, substituted for the word ‘misbehaviour’, the words ‘any breach of any provision of the code of ethics prescribed under Clause 3A…’. The effect of this amendment is that, besides the inability, either from infirmity of body or mind, or any other cause, properly to discharge the functions of his office, a judge may be removed if he has breached the code of ethics prescribed for judges.

“Article 125(3A) provides that the code of ethics shall be observed by every judge, be it, the judge of the Federal Court, the Court of Appeal or the High Court.”

This is what Section 2 of the Judges’ Code of Ethics 1994 says:

“2(1) This Code of Ethics shall apply to a judge throughout the period of his service.

“2(2) The breach of any provision of this Code of Ethics may constitute a ground for the removal of a judge from office.”

So now we all know that any serving judge could be removed from office for a breach of any provision of the Judges’ Code of Ethics 1994.

Section 3(1)(d) is the provision in the Code of Ethics to apply against the errant judges. It reads: A judge shall not conduct himself dishonestly or in such a manner as to bring the Judiciary into disrepute or to bring discredit thereto”.

I think the words in Section 3(1)(d) are clear enough — we all know what they mean. So that if a judge brings the judiciary into disrepute or discredit, as the errant judges have done by not administering justice according to law, they could be removed from office under this provision. It’s a bit harsh, but it can be done. MI

Anwar trains his sights on 1Malaysia

Opposition icon Anwar Ibrahim has ripped into the Najib administration’s 1Malaysia concept, calling it cosmetic and nothing more than a bald-faced political move to try and win back support from non-Malays.

This is the first time that the leader of Pakatan Rakyat has come out in such strong terms against Datuk Seri Najib Razak’s main theme since he became Prime Minister on April 3.

Other Opposition politicians have questioned what 1Malaysia really means but Anwar gutted the whole concept, pointing out that Najib’s comments about unity and togetherness are only for public consumption.

Behind the scenes, the Biro Tatanegara (BTN) is still continuing their indoctrination programmes for Malay civil servants and politicians, telling Malays to be wary of Chinese and Indians.

Anwar’s attack on the 1 Malaysia concept also betrays a growing uneasiness among the Opposition on Barisan Nasional’s charm offensive to regain the support of non-Malay voters, the segment of voters who since Election 2008 have become a reliable vote bank for Pakatan Rakyat.

The support among Chinese and Indians for the Opposition has grown steadily since March 8 last year as a result of frustration over excesses of Umno, abuses under the New Economic Policy and lack of respect for the rights of non-Malays.

Faced with the real possibility of losing more ground with this important constituency and sensing that the fracture of race relations was reaching a dangerous stage, Najib’s team cobbled together the 1 Malaysia platform.

It has yet to be fleshed out but the concept promotes the idea that all Malaysians should feel as one and that no one will be left behind, regardless of race and religion.

The new administration has also liberalised the financial services sector and attempted to solve the thorny issues of conversion of children to Islam when marriages breakdown.

Nothing has been said about dismantling the NEP or spelling out how equality can be achieved among Malaysians with the main architecture of affirmative action is still in place and the Malay-centric civil service calling the shots at implementation stage.

In his latest blog posting, Anwar noted that Umno called Pakatan Rakyat the tool of the Chinese and also hammered the DAP as a chauvinist party for its Malaysian Malaysia concept.

“Now finding that the support of Chinese and Indians to Umno-BN is dropping drastically, we hear the slogan 1Malaysia being used.

“If we delve more deeply into this concept, we find that what is practised is only cosmetic or botox. The liberalisation is only to win over rich Chinese entrepreneurs but will have no impact on the projects and contracts of their cronies,” he said, adding that more pressing issues of leakages, transparency and corruption were not addressed under the 1 Malaysia slogan.

In contrast, he noted the Malaysian Economic Agenda promoted by Pakatan Rakyat focused on what was good for the common man, especially the underprivileged Malay-Bumiputeras, Chinese and Indians.

Anwar wondered how it was possible to talk about 1Malaysia when the reality on the ground was so different. He zoomed in on the courses run by BTN, a unit in the Prime Minister’s Department.

In the mainstream media the talk is about unity under 1Malaysia but in the BTN courses they push narrow Malay interests and slam politicians like Anwar and Pas spiritual leader Nik Aziz Nik Mat for working with other races, Anwar said.

He wondered why BTN blamed other races and not the big criminals and corrupt individuals who have caused Malays to face hardship after 50 years of Umno rule.

Anwar’s sniping has set the tempo for the Opposition’s campaign to puncture the 1Malaysia concept. It could also spark a race between BN and the Opposition to prove their Malaysian credentials. MI

Malays being led like buffalos

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MCPX

Its will to fight was snapped at the very top following the losses at Bukit Gantang and Bukit Selambau on April 7.

Umno, which has long been overwhelmed by contractors and businessmen, can only hope to retain its dwarfed stature in the Barisan Nasional (BN) via off-party means.

The party is apparently in grave need of NGOs, the para-military Wataniah outfit and state agencies like the Biro Tatanegara to fight the battles for the state-enriched Malay elite that is mostly dissociated from the people.

NGO queen Marina Mahathir, catching the call by the Umno Youth vice-president, Razali Ibrahim for members of his wing to join NGOs, asked in her blog whether these chaps are expected to simply declare they are from Umno Youth and then expect to be elected presidents of the voluntary outfits.

The tomcat-call isn’t at all new.It was voiced over and over again by office-bearers during the recent divisional meetings. It can’t be such a piece of cake.

But rich contractors and businessmen now stud the starry sky of Umno, many, if not most, winning their way through the ranks via vote-purchase. These are dissociated from the people. They do not fight politically. They do not know how.

Some said aloud they cannot fight because they are contractors who have now to depend on the largess of the ruling opposition in five (or four states) and in one federal territory.

It’s this loud song of business distress that’s breaking the morale to bits in Umno, now flung high as confetti after new president Najib Abdul Razak slumped to the ground following the unbroken losing streak running from March, 8, 2008 to April 7, 2009.

He is himself a representative of the traditional and the entrenched elite.

Now unable to face another knockout in Penanti on May 31, the man is certainly not an Umno and BN leader who can be expected to regain lost ground. Worse, people are beginning to shun him and soon he may not be listened to any more.

‘Purchase’ and sleight-of-hand is looking like the only ways to regain the lost ground and lost states; like what happened in Perak which finally converted into a gain of merely five percent of Malay votes on April 7 in Bukit Gantang.

That gain was offset by 10 percent of Chinese votes going the other way, resulting in a bigger-than-ever loss for BN in that constituency.

The thinking is simple: because a direct and comprehensive ideological dispute is impossible for Umno to launch against Pakatan Rakyat, it will mean we have to be sitting through a political paradigm shift that will make democratic elections a grand market-place with outright purchases, infiltrations and sabotage of NGOs to counter civil society.

How will that ever work?

Directionless Malays

Umno is no longer the party that was born in 1946 and which was sustained by voluntarism through the murderous communist insurgency, the main thrust of which ended in 1960.

But after the fight for freedom and democracy, it has now become a matter of furious greed and the party is merely a playground for the rich and connected. The questions members ask are about which Malays the party represents and what the leaders are fighting for, other than for their own business and financial interests?

The party is fractioned into factions of the New Malay, the indigenous Mafiosi with many members without a smear of nationalism in their nature.

The previous president and prime minister Abdullah Ahmad Badawi could have even made Malaysia to become like a vassal of Singapore, himself sometimes described as a ‘Singapore serf’, a thing unthinkable in Umno until his tenure.

Singapore was made the anchor of the Iskandar Development Region in Johor and was apparently represented in Khazanah Malaysia and in ‘Level Four’ of the immediate former Prime Minister’s Department.

And are Malay contractors and businessmen the answer to the cultural shifts that ought to have been a leap towards modernisation and integration in an industrial and digital setting?

Truth is, there’s hardly a Malay critical mass today worthy of spawning the much-vaunted Bumiputera Commercial and Industrial Community after more than 50 years since Independence or more than 30 years of the New Economic Policy.

The ‘New Malays’, dripping excessive Brute deodorant in their cosmetically sweetened spaces of BMWs and Mercedes, are definitely no match for the demonstration-hardened Marhaens, the Muslims of PAS and the volunteer activists of Pakatan demanding change to secure liberty, transparency and accountability.

The government had been run by a dictator in the second half of Dr Mahathir Mohamad’s leadership, the man taking power over religion and the judiciary as well.

He slurped power and decided on his own everything the Malays had held dear or distressful, including the teaching of Mathematics and Science in English even in the rural schools.

The result is a gaping question that hasn’t been answered to date – whither Malaysia?  There is also the problematic and arousing puzzlement about where the Malays are being led to, like buffalos in a padi field.

Najib has answered none of these questions. Has he the answers or will he eventually lead the Malays and the nation into one or another form of vassalage?

In the given circumstances, it is the opposition that’s looking more and more the likely winner in the next general election. It is merely in need of a thorough cleansing to remove the dregs and the culturally bewildered.

Pakatan represents the larger segment of the people and Najib’s Umno isn’t looking likely that it shall at all become relevant to the lesser-endowed among Malays and Malaysians alike. These form the greater body of producers in Malaysia.

Adios amigo! Ces’t la vie!

Mkini

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A GHANI ISMAIL is a former newspaper columnist.

AMK Pulau Pinang sambut baik pecalonan Mansor

KUALA LUMPUR, 29 APRIL (SK) – ANGKATAN Muda KeADILan Pulau Pinang menyambut baik pemilihan Mansor Othman sebagai calon Pakatan Rakyat untuk kerusi Dewan Undangan Negeri (Dun) Penanti.

Ketuanya, Yusmadi Yusoff berkata pemilihan berkenaan adalah tepat berdasarkan kredebiliti dan kualiti Dr Mansor yang telah terbukti bagi KeADILan Pulau Pinang.

“Mansor adalah tunjang bagi KeADILan negeri ini dan berkhidmat dengan begitu baik selaku pemimpin parti mau di peringkat negeri dan bahagian, AMK Pulau Pinang sambut baik keputusan parti,” kata Yusmadi yang juga ahli Parlimen Balik Pulau.

Mansor Othman, 59 tahun pernah bertugas sebagai Setiausaha Politik Anwar Ibrahim ketika Anwar menjadi Timbalan Perdana Menteri.

Beliau yang juga Ketua KeADILan Balik Pulau juga adalah seorang tokoh yang mempunyai pengalaman luas dalam bidang akademik dan penyelidikan.

Menurut Yusmadi lagi, Angkatan Muda KeADILan menyambut baik pemilihan berkenaan dan akan terus memastikan gerak kerja pilihanraya bagi membantu kemenangan Mansor dan Pakatan Rakyat.

“Angkatan Muda KeADILan akan melakukan perancangan bagi memulakan gerak kerja seawal bulan Mei, kami juga berkemungkinan besar akan melancarkan cara kempen kami tersendiri,” kata Yusmadi lagi.

Tambahnya lagi, AMK Pulau Pinang akan melancarkan ‘revolusi’ pengundi muda dalam masa terdekat bagi memastikan pengundi muda untuk memilih Mansor.

Husam hints at going for No 2

PAS vice-president Husam Musa has given his clearest signal yet regarding his intention to challenge incumbent Nasharuddin Mat Isa for the party’s No 2 post.

“If PAS’ direction is clear and there are no doubts about Umno’s relationship with PAS, (then there will be) no reason for me to contest,” Husam told reporters after visiting the Pengkalan Chepa Industrial Area (II) in Kelantan.

“But today, I feel that this direction is not clear and there are still doubts about the relationship (between PAS and Umno).”

Husam said he wants to determine why the grassroots have nominated him for the post and will be contacting heads of the divisions that gave him the nominations.

He has already received the minimum of two nominations required to run for the post and is expected to pick up the bulk of the nominations from the 14 PAS divisions in Kelantan, where he is based.

Thus far, vice-president Mohamad Sabu had been the only one to have confirmed his intention to contest for the deputy president’s post, which Nasharuddin has held for two consecutive terms.

No self absorption

Husam’s candidacy has generated much interest due to the so-called fight between the ‘pro-Pakatan Rakyat’ faction which Husam is aligned to, versus the ‘pro-muzakarah’ faction, linked to Nasharuddin (right), which wants closer ties with Umno.

Party leaders however have rubbished the existence of such factions and claimed that the labels were concocted by their political rivals to split the party.

Talks about factionalism gripping PAS began when delegates engaged in heated debates during the party general assembly last year, over clandestine talks between certain portions of the party leadership with Umno counterparts.

According to Bernama, Husam also said that he would consider several factors before deciding on contesting, namely: the wishes of party members, reasons for him to contest and the approach PAS would take in the 13th general election.

“As a rule, I don’t like to promote myself (in order to be elected) for any posts, except when the party needs me to do so,” he said.

He stressed that any decisions he would make would be in the best interest of the party which was more important than personal interest.

The PAS annual meeting – and party elections – is scheduled to be held from June 3 to 7 in Shah Alam, Selangor.

Andrew Ong, Mkini

umno flip flop to move motion to sack speaker

Perak’s Barisan Nasional Menteri Besar Zambry Abd Kadir will be moving a motion to remove speaker V Sivakumar when the assembly convenes on May 7.

The motion was seconded by Umno’s elected representative for Sungai Rapat and state exco member Hamidah Othman.

All elected representatives were informed of this motion through a letter dated April 27 and they were told to submit their nominee for the post to replace Sivakumar by April 30.

The letter was signed by assembly secretary Abdullah Antong Sabri.

Malaysiakini obtained a copy of the letter today and received confirmation that Pakatan Rakyat state representatives have also received this letter.

One of them, DAP’s Tebing Tinggi representative Ong Boon Piow told Malaysiakini that he received the letter through courier at 2pm today.

A form to name a replacement candidate was also attached with the letter.

Zambry’s motion was lodged at the assembly secretary’s office last Thursday.

An expected move from Zambry

The move to replace Sivakumar was largely expected although Zambry had been coy about it until now.

When he was asked by Malaysiakini in a recent interview if he would be moving for such a motion to remove Sivakumar, Zambry said all questions on that were hypothetical and just speculations.

“Wait and see,” was his often repeated mantra on that matter.

The removal of Sivakumar is important for the state Barisan Nasional to administer the state smoothly.

At present Sivakumar, who is from DAP, has been the linchpin in ensuring ousted Menteri Besar Mohammad Nizar Jamaluddin and his exco members are in control of the state assembly.

His decision to suspend Zambry for 18 months and his exco members for 12 months was recently overturned by the Federal Court, allowing Zambry and his elected representatives – with the assistance of the independent representatives – to have sufficient numbers in the House.

The Federal Court has also set aside Sivakumar’s decision to declare vacant the state seats of the three defected Pakatan state assemblypersons. One of the defected elected representatives included the deputy speaker Hee Yit Foog.

The speaker has been the trump card for Pakatan ever since Sultan of Perak appointed Zambry as menteri besar to replace Mohammad Nizar.

All Pakatan decisions to thwart Zambry from assuming the post has come through Sivakumar in the assembly.

With his removal, BN will be able to cut off the power that has enabled Pakatan and Mohammad Nizar to continue disputing Zambry’s legitimacy as the menteri besar.

Up to speaker to accept or reject

When contacted Pakatan representatives questioned the legitimacy of the letter announcing the motion as it was signed by an assembly secretary who had been suspended by Sivakumar for insubordination.

This was in respect of Abdullah’s decision to issue a notice calling for the sitting of the assembly on May 7.

However, Zambry had said that the suspension was ineffective as Abdullah was a civil servant and Sivakumar had no powers to suspend him.

Pantai Remis state representative Nga Kor Ming told Malaysiakini when contacted that he was shocked with the notice of motion to remove Sivakumar.

“This is unusual and will be the first time such a move has been done in Malaysia,” he said.

He also condemned BN for using the suspended Abdullah to issue the letter to announce the motion.

“This shows that they (BN) can do whatever they want,” he said.

He however pointed out that the speaker has the right to reject or accept any motion, including this one.

He said that there was a recent example of this in Malacca when the house speaker last week rejected a motion filed by DAP against him (the speaker).

“We will let the speaker decide on the motion,” he said.

He also said that Zambry was acting in contempt of the High Court as there was a pending matter before the court on the legitimacy of his position as the menteri besar.

The High Court is due to hear the matter on May 4 and 5.

Mkini

umno flip flop seumpama bertaraf parti ‘Bebas’ : Nik Aziz

Anna Yusof

KUALA LUMPUR, 28 April (SK) : Menteri Besar Kelantan Nik Abdul Aziz Nik Mat berkata taraf Umno sekarang seumpama wakil rakyat ‘bebas’ kerana belum memutuskan samada mahu bertanding atau tidak pada pilihanraya kecil Dun N12 Penanti, 31 Mei depan.

“Umno memiliki kerajaan yang besar tetapi sikap pemimpin mereka seperti wakil rakyat ‘bebas’ kerana sehingga sekarang belum pasti hendak bertanding atau tidak,” katanya.

Berikutan Perdana Menteri Najin Razak menyebut Barisan Nasional akan meneliti sama ada mahu menyertai pilihanraya kecil di Dun Penanti atau sebaliknya.

Sementara itu, diranya mengenai cadangan Umno untuk mengubal undang-undang anti letak jawatan, beliau pula mahu supaya Kerajaan mengubal akta anti culik wakil rakyat bagi memastikan tiada wakil rakyat ‘dilari dan disembunyikan’ lagi pada masa hadapan.

Mursyidul Am Pas itu mempersoalkan mengapa pemimpin Umno sibuk sangat dengan cadangan undang-undang anti meletak jawatan sedangkan peraturan anti culik lebih penting.

“Akta seumpama itu lebih perlu berbanding akta bagi menghalang wakil rakyat meletak jawatan seperti dicadangkan ramai pemimpin Umno” kata beliau.

Menurut Nik Abdul Aziz, “Mana baik meletak jawatan secara terhormat atau menculik wakil rakyat dan kemudian memaksa mereka menyokong parti tertentu sehingga menyebabkan sebuah kerajaan tumbang,”

“Itulah realiti yang berlaku di Perak sekarang sehingga kerajaan Pakatan Rakyat tumbang melalui rampasan kuasa. Kalau ada akta anti culik sudah tentu perkara seperti itu tidak berlaku,” mengikut kenyataan yang dipetik dari Harakah Daily.

Pada Febuari lalu tiga bekas wakil rakyat Pakatan Rakyat di Perak ‘diculik’ dan kemudian muncul bersama Najib Razak di Putrajaya dengan membuat kenyataan menyokong BN.

Menteri Besar bersama isteri, Tuan Sabariah Tuan Ishak berada di Makkah bagi mengerjakan umrah lebih seminggu lalu. Keadaannya sihat dan dapat mengerjakan umrah dengan baik.

Beliau juga turut menyampaikan salam kepada seluruh rakyat Malaysia dan mendoakannya supaya dapat melakukan ibadat dengan sempurna dan selamat kembali ke tanah air. Beliau dijangka pulang ke Malaysia pada 3 Mei ini.

Dr Mansor Othman is PKR candidate for Penanti

Former academician and PKR state deputy leader 58-year-old Mansor Othman  will be  the party candidate for the Penanti by-election next month.

This was announced by PKR de facto leader Anwar Ibrahim to a crowd of more than 1,000 people packed into Yayasan Aman, Penanti tonight.

Among Pakatan Rakyat leaders present were Penang Chief Minister and DAP secretary-general Lim Guan Eng, PKR national president Dr Wan Azizah Wan Ismail, state PKR chief and Bayan Baru parliamentarian MP Zahrain Mohd Hashim, state DAP chairperson and state executive councillor Chow Kon Yeow and former Deputy Chief Minister Mohammad Fairus Khairuddin.

Since the seat fell vacant after its incumbent representative Mohammad Fairus Khairuddin resigned on April 16, speculations were rife that Mansor was PKR supremo Anwar’s pick for the contest.

Mansor, a former professor from Universiti Sains Malaysia, was Anwar’s political secretary when the Parliamentary Opposition leader was the deputy prime minister in the Barisan Nasional federal government.

The by-election was called by the Election Commission when Fairus resigned as the elected representative.

Polling day will be Sunday, May 31

Earlier on April 8, he resigned as Deputy Chief Minister 1 and executive councillor after he was embroiled in a graft allegation linking him to quarry operations on Penang’s mainland.

He has since been cleared by the Malaysian Anti-Corruption Commission (MACC) from all allegations.

Last weekend, Fairus reiterated his stand to resign from Penanti, prompting the EC to call for a by-election. Polls will be on Sunday, May 31 and nomination falls on Saturday, May 23.

The “Fairus” lesson has prompted Anwar to pick “a politically-strong Penang-based party senior leader” to contest Penanti.

Mansor is a highly-respected figure within PKR circle and could not be bullied by rivals as in the case of Mohammad Fairus, who was young, inexperienced and lacked political maturity.
Truth is Anwar needs Dr Mansor to put order in the state PKR, which currently is being hit by factionalism.

Anwar has hinted that the PKR candidate for the Penanti by-election will be the highly likely nominee for vacant deputy chief minister 1 (DCM 1) and exco positions in the Pakatan Rakyat Penang government.

The posts are part of PKR’s quota in the DAP-led state government.

Anwar said the by-election was unavoidable because PKR had to choose a capable leader who can work closely with the chief minister and contribute efficiently to the state administration.

The PKR leader’s stand dashes any lingering hopes harboured by current state executive councillor and Batu Maung assemblyperson Abdul Malik Abdul Kassim to succeed Fairus.

However, Mansor has a black mark in his CV, a history of losing streaks in general elections.

Hopes to end unwanted record

He lost to Zain Omar in the Balik Pulau parliamentary duel in 1999, to Ariff Shah Omar Shah in Seberang Jaya state seat contest in 2004 and to Muhammad Farid Saad by 294 in Pulau Betong state constituency.

He hopes to end the unwanted record and stripped off his loser’s tag with a win in the Penanti by-election.

On paper, PKR looks favourite to retain the seat. Even the Umno leadership recently hinted the party may not field a candidate.

Penanti comes under Anwar’s Permatang Pauh parliamentary constituency – a PKR stronghold.

“Even though it is in Permatang Pauh, our stronghold, we shall not be complacent, arrogant and take things for granted. We must work harder to achieve a big win,” said the PKR leader.

Anwar also called on Lim to consider Mansor, if he wins Penanti, as PKR nominee for the DCM post.

Mansor, a former university student leader, could have been Anwar’s original choice to be the state DCM 1. But it did not materialise due to his electoral defeat in Pulau Betong.

Penanti will be the sixth by-election since the March 8 general election, five of which were snatched by Pakatan Rakyat.

Lim earlier reaffirmed DAP’s commitment to ensuring a PKR’s victory in the by-election and called on Penanti voters to teach another lesson yet again to Umno and Barisan Nasional.

Zahrain reminded party supporters to protect the pride of the party and Anwar, and ensure victory as Penanti comes under the “PKR political bastion”.

And Mansor has said he is up to the challenge.

Athi Veeranggan, Mkini

Anwar Ibrahim’s statement on the candidate for the Penanti by-election

En. Mansor bin Othman is KEADILAN’s Division Chief for Balik Pulau and Deputy State Chief of KEADILAN Penang.

In the aftermath of the March 2008 political Tsunami, Malaysians have gone back to the polls five times. In four elections they have voted overwhelmingly in favour of Pakatan Rakyat and, in the fifth, but for the influence of money politics and electoral fraud, demonstrated a growing preference for change and for a new style of politics.

The message is clear. The Malaysian people are eager to turn the page on Umno-led BN rule. They have embraced Pakatan Rakyat’s message of unity and are inspired by our commitment to eradicating corruption and addressing the needs of the poor and marginalized, particularly among the Malays and bumiputeras of Sabah and Sarawak.

I am pleased to announce KEADILAN’s candidate for the May 31st by election for the State seat of Penanti in Penang.

En. Mansor bin Othman is KEADILAN’s Division Chief for Balik Pulau and Deputy State Chief of KEADILAN Penang. He has served on KEADILAN’s Supreme Council for over ten years and also served as the national Deputy Director of Elections. In addition, he served me honorably and with distinction as Political Secretary to the Deputy Prime Minister of Malaysia from 1996-1998.

Mansor has contributed immensely to the development of Penang and is ready to serve the people of Penanti from day one in office.

He earned a masters degree from USM and a Masters in Arts and a Masters of Philosophy from Yale University. He was an associate professor at USM and was also the Director of the Center for Policy Research.

Having served in the Committee for Community Education and the Committee for Youth Development Programs, he has contributed to improving both education and youth programs in Penang. As an Exco member of PEMADAM Penang, he worked tirelessly to raise awareness about drug abuse and the prevention of drug addiction. Mansor was also actively involved in the development of bumiputera entrepreneurs, notably through his role with TEKUN, a program designed to improve skills of businessmen in small and medium enterprises by providing them with microcredit facilities.

I would like to thank CM Lim Guan Eng immensely for joining us tonight and for his continued support of the Pakatan agenda. On behalf of KEADILAN I look forward to continued cooperation with DAP and PAS in the coming election. Their contributions have been instrumental in the previous by-election victories and have demonstrated the growing strength and cohesiveness of this coalition.

ANWAR IBRAHIM

Fairus makes surprise appearance

After a month-long disappearance from public glare, former Penang Deputy Chief Minister 1 Mohammad Fairus Khairuddin made a surprise appearance tonight at the announcement of the PKR candidate for the Penanti by-election.

MCPX

The ever-smiling Mohammad Fairus arrived at Yayasan Aman together with PKR supremo Anwar Ibrahim and president Dr Wan Azizah Wan Ismail.

He was given a rousing welcome by Pakatan Rakyat leaders and supporters when he entered the hall and walked to the stage.

Once on the stage, he shook hands and hugged Chief Minister Lim Guan Eng and state executive councillors Chow KonYeow and Phee Boon Poh. He was immediately given the microphone and he delivered a brief but sharp speech.

“I have gone through hell and have come back now. Now I know who are my friends and foes,” he told more than 1,000 PKR supporters in the packed hall.

He hit out at his detractors for not only conspiring to bring about his downfall but also for spreading rumours questioning his honesty, sincerity, commitment and loyalty to the struggle of PKR and Pakatan.

“My public appearance tonight has surely proved otherwise. The rumour mongers merely spread lies to tarnish my image and credibility.

“No matter what the rumour mongers spread, here I am to demonstrate my commitment and loyalty to PKR and Pakatan,” he said.

Fairus resigned as DCM 1 and relinquished his state portfolios effective April 8 after he was embroiled in a graft investigation by the Malaysian Anti-Corruption Commission (MACC).

People conspire but God decides

Local boy Fairus, who quit his Penanti seat on April 16, was alleged to have accepted bribes to cover up illegal quarry operations on Penang mainland.

MACC has since cleared Fairus from all graft allegations.

“This shows no matter how hard the conspirators tried to destroy me, the truth prevailed. People can always conspire and plot, but only God decides,” he said.

Anwar later praised Fairus for being a gentleman and for his resilience in facing and overcoming all challenges during this trying times, including attempts by certain quarters to buy him over to the “other side”’

“He gave them a kick and a chop,” he said of Fairus, a silat exponent.

He explained that Fairus needed to step down to take a temporary political break “to smoothen a rough situation”.

Anwar said he had left it to Fairus’ discretion to decide whether to sue those who had plotted to bring him down.

Fairus has already threatened to file civil suits against his detractors for plotting his ouster from the Pakatan state government.

He plans to help Pakatan campaign for a big win in the Penanti by-election and then leave the country for a while.

Athi Veeranggan, Mkini

Anwar picks Dr Mansor Othman for Penanti by-election

By SK English News

Opposition Leader Anwar Ibrahim has named Mansor Othman, the Penang PKR deputy chief, as the flag carrier for the Pakatan Rakyat in the Penanti by-election due to be polled on May 31.

Mansor was formerly Anwar’s  political secretary and has worked as a lecturer with Universiti Sains Malaysia.

News reports have tagged the 56-year old as the hot favourite after party president Wan Azizah Wan Ismail withdrew him as a nominee for a senatorship in the Penang state assembly.

“No reason was given in the letter but I know why,” Penang Chief Minister Lim Guan Eng had said with a smile at a news conference earlier in the day.

Should Mansor win Penanti, he is expected to be named as the Keadilan nominee for the post of Penang deputy chief minister (I).

Both Penanti and the DCM post fell vacant when another Keadilan leader, Fairus Khairuddin, resigned amid a cloud of corruption allegations. The Malaysian Anti-Corruption Commission has cleared Fairus of any wrongdoing, but he is adamant to stick to his decision to quit

PAS seeks royal commission to probe najib Altantuya

A royal commission must be set up now to probe Prime Minister Najib Abdul Razak’s alleged involvement in the murder of Mongolian national Altantuya Shaariibuu, urged PAS in a letter submitted to the Malay Rulers’ Council today.

MCPX

“Reports alleging the existence of a relationship between Najib and Altantuya through the purchase of a fleet of submarines have been reported in India, Australia, Korea, Thailand, etc.

“This shows that Najib’s credibility as a prime minister has been openly questioned at the international level,” stated the letter signed by PAS information chief Mahfuz Omar.

“These reports have been featured by no less than 19 international media organisations, and all of them depict the prime minister as a person who is corrupted and involved in abuse of power, sex scandals as well as the murder of that Mongolian model.”

Since Najib took over as the new prime minister on April 2, he has been under scrutiny by various quarters over his alleged involvement in Altantuya’s murder.

Apart from PAS, other organisations and individuals that have also clamoured for a royal commission to be set up to investigate Najib are DAP stalwart Lim Kit Siang, a group of bloggers led by Haris Ibrahim as well as numerous political analysts.

The letter added that the spotlight cast by the international media on Najib’s credibility would tarnish the reputation of the country as well as the royal institution, which would in turn jeopardise the confidence of foreign investors.

Case may be taken to International Court of Justice

“We are also worried that if Altantuya father, Setev Shaariibuu, is unsatisfied with the Malaysian High Court, he may bring the case to the International Court of Justice.”

In addition, PAS expressed that the establishment of a royal commission was the only way to restore the good name of the royal institution and to send a message to the international community that Malaysia was prepared to answer the allegations.

Nevertheless, the letter also stated that if the allegations were proven to be false, then actions could be taken to bring those foreign media organisations to task.

These allegations were also dismissed by Dr Mahathir Mohamad on April 21 as part of an agenda by the foreign media to “demonise” Najib despite the lack of evidence.

The former prime minister remarked that he did not believe the simultaneous highlighting of the Altantuya murder by the press worldwide were coincidental.

The same thought was echoed three days later by Minister of Information, Communications and Culture Rais Yatim, who claimed that the allegations were stitched by the foreign media as a grand design to topple Najib. Mkini

Conversions: Pakatan chooses middle path

The three parties in the Pakatan Rakyat coalition have arrived at an initial stance on the cabinet decision that bars parents from secretly converting their children to another faith.

MCPX

As each of the parties – PKR, DAP and PAS – hold a different and contradicting view on the matter, their leaders have agreed that priority should be given to resolving custody issues before taking up matters relating to religion.

PKR deputy president Syed Husin Ali said when contacted that issues linked to conversion need to be further studied.

Explaining that Pakatan does not necessarily have to adopt a common position on every matter, he said “we need only a minimum (stance) to hold us together”.

Those at the high-level meeting on Sunday were PKR de facto leader Anwar Ibrahim, DAP supremo Lim Kit Siang and PAS president Abdul Hadi Awang.

Last week, the cabinet decided that if a parent converts to another religion, the children should be brought up in accordance to the common religion at the time of marriage.

Its intervention came in the wake of the latest dispute, in which Muslim convert K Patmanathan (now Mohd Ridzuan Abdullah) had converted his three children to Islam on April 12 without the knowledge of his wife M Indira Gandhi.

The Ipoh High Court had, last week, granted Indira custody of all the children, pending a full hearing on May 12.

It also ordered Mohd Ridzuan to return their daughter Prasana Diksa to Indira’s care, but he has since gone missing with the child.

This is where the Pakatan component parties stand on the cabinet decision.

DAP: Provide legal effect for decision

Lim said the DAP is of the view that conversion of children should only be done with the consent of both parents. In the event of a dispute, the children should remain in their original religion until they reach legal age.

“Family unity and parental rights cannot be compromised,” he said yesterday in a telephone interview.

Lim welcomed the cabinet’s decision but pressed the Barisan Nasional government to amend the federal constitution to give legal effect to its decision.

Article 12(4) of the constitution states that ‘the religion of a person under the age of 18 years shall be decided by his parent or guardian’.

Some law experts are of the opinion that ‘parent’ is understood to include the plural, to vest guardianship rights in both parents.

However Federal Court last year interpreted the word ‘parent’ in the singular, concluding that either parent could convert a child to Islam.

Lim pointed out that there is an alternative to amending the constitution, and it would involve a Federal Court review of its decision.

He, however, refused to respond when asked if Pakatan should adopt a common stand in this matter.

“Let us be clear on DAP’s stand and let the issue develop,” was all he would say.

PAS: It’s unconstitutional

Publicity chief Mahfuz Omar lambasted the cabinet decision as having gone against the constitution.

Sin Chew Daily quoted him as saying that the decision had superseded both the constitution and the law, thereby denying the right of parents to take care of their children.

Mahfuz said there was a political agenda behind the move, to win back support from non-Muslims who had backed the opposition in recent elections.

PKR: Focus on custody rights

The party chose the middle path that focuses on the custody of children.

The parent who is awarded custody of the children by the civil court should then have the right to convert the children, said Syed Husin.

He too described the cabinet decision as being politically motivated and as having overlooked problems that may arise.

For example, if a Hindu couple divorces because the wife converts to Islam and she gains custody of the children, they would have to be brought up as Hindus, going by the cabinet decision.

For this reason, it is necessary to determine custody rights before deciding on the children’s religion.

Kuek Ser Kuang Keng, Mkini

Nizar: Postpone May 7 assembly seating

Ousted Perak menteri besar Mohd Nizar Jamaluddin has called on Zambry Abdul Kadir to postpone the expected May 7 assembly seating in light of the Federal Court’s decision today not to listen to the application to determine the issue of the rightful menteri besar.

MCPX

Mohd Nizar commenting today’s decision said he was thankful to God and his team of lawyers led by Sulaiman Abdullah.

“The decision is a victory for the Perak people in our bid to resolve the political impasse,” he said.

“I feel that the assembly should be postponed to another date until all the disputed facts and legal issues are resolved before the Kuala Lumpur High Court.

“The decision by the Federal Court gives light to the end of the tunnel but the final remedy should be the dissolution of the assembly,” he said.

“In the end, it is the people who decide on who should govern them, and not let the courts decide.”

Only elections can end present political deadlock

Mohd Nizar, who was present with Perak DAP chairman Ngeh Koo Ham and Nga Kor Ming said the Pakatan government has always maintained that we have to go back to state elections to resolve the present political deadlock.

Asked whether his request for the postponement of the assembly sitting would result in the dissolution of the assembly as it had to be held before May 13, Mohd Nizar said he does not think so as the sitting under the tree held last month was legal and that the last day should have been in September.

Questioned on measures to be taken if the sitting is held, Mohd Nizar said there is so much uncertainty if it were to be held.

“Be more mature, otherwise if we do it hurriedly it would not achieve the desired results,” he said, adding that if there is a motion of no confidence against Speaker V Sivakumar, it cannot be legal, as the assembly secretary had been suspended.

‘We have to do it the proper way’

Meanwhile, Sulaiman commenting on the decision said he agreed that political issues is best settled by the people of Perak and the assembly.

“This is our stand that we and Mohd Nizar had taken all along,” he said, adding he was thankful that the panel heard his side’s arguments and considered the matter deeply.

Sulaiman said the fundamental issue that will arise in this country in the years ahead is whether we have dealt with this matter rightly.

“Unless we get it right this first time around, we are going to face never ending problems (on the legislature and the executive),” he said.

“A hasty resolution leads to long-term problems and therefore, the court should not rush into making a decision.”

That is why, Sulaiman said, we have to do it the proper way and that is the High Court, the Court of Appeal and then the Federal Court.

Mkini

Back to High Court for MB vs MB

The Federal Court today sent back the ‘MB versus MB’ case to the Kuala Lumpur High Court for the second time, after dismissing Perak Menteri Besar Zambry Abd Kadir’s application for a fastrack hearing to consider constitutional issues.

MCPX

The apex court allowed the preliminary objection raised by ousted menteri besar Mohd Nizar Jamaluddin’s counsel Sulaiman Abdullah.

In his ruling, Justice Alauddin Mohd Sheriff said this was an unanimous decision by the five- member panel.
“We upheld the preliminary objection. We agree that disputed facts exist between the affidavits (filed by Mohd Nizar and the state legal advisor Ahmad Kamal Md Shahid on their meeting with Sultan Azlan Shah). Hence, we will remit back the case to the High Court for the case to be heard.
“No order is made as to costs,” he said.

When asked further by Sulaiman, Alauddin said the court decided this matter based on the preliminary objection and not the merits to Zambry’s application.

The other judges were Chief Judge of Malaya Arifin Zakaria and Federal Court judges Zulkefli Ahmad Makinuddin, Mohd Ghazali Mohd Yusof and James Foong.

The facts being disputed was whether Mohd Nizar had told the Sultan of Perak that he no longer commanded the confidence of the state legislative assembly and asked for its dissolution based on Article 16 (6) of the Perak constitution as stated in Ahmad Kamal’s affidavit.

Mohd Nizar denied such matters in his conversation with the ruler. He stated in his affidavit that his meeting with the ruler was to seek a dissolution following the political deadlock i.e. 28 Pakatan Rakyat assemblypersons and 28 BN assemblypersons, following the alleged resignation of the three assemblypersons.

The Kuala Lumpur case has been fixed for hearing on May 4, to hear an application by Mohd Nizar to cross-examine Ahmad Kamal.

On March 23, the apex court had for the first time set aside the Court of Appeal’s decision and returned the constitutional questions to determine the legitimacy of the Perak menteri besar back to the Kuala Lumpur High Court.

Zambry’s application

Zambry had on April 21, submitted a notice of motion to the Federal Court, where he sought a quick resolution of the political impasse in Perak, by taking the matter directly to the apex court for it to declare him the rightful menteri besar.
Naming Mohd Nizar as respondent, Zambry posed several constitutional questions for the interpretation of the apex court based on Article 63 of the Perak Constitution to interpret:

(a) Whether Sultan Azlan Shah had the right not to accede to Mohd Nizar’s request for the dissolution of the Perak assembly, when he (Mohd Nizar) ceased to command the confidence of the majority of the assembly;
(b) When the sultan declined to accede to Mohd Nizar’s request, whether it was tantamount to the resignations of Mohd Nizar and his state exco members; and

(c) Whether when Mohd Nizar refused to tender his resignation, the sultan had the right to appoint Zambry pursuant to Article 16(2) of the Perak constitution after the sultan was satisfied that he (Zambry) commanded the confidence of the assembly.

Earlier in the day, the court also disallowed Mohd Nizar’s application for a nine-member panel to resolve the issues brought by Zambry. This comes after a five-member panel chaired by Alauddin appeared before the court.

On the preliminary objection, Sulaiman said the apex court should have decided on the principles of res judicata (matter already judged) following the March 23 decision to remit the case to the Kuala Lumpur High Court.

Sulaiman’s objection

The senior counsel submitted that although the application made by the Attorney-General’s Chambers was based on Section 84 of the Courts of Judicature Act, Article 63 of the Perak constitution was also referred.

“Furthermore there is also questions on the disputed facts between Mohd Nizar’s affidavit and that by Ahmad Kamal. This matter has yet to be heard and the apex court cannot entertain Zambry’s application,” he said.

Senior lawyer Cecil Abraham for Zambry argued that on March 23, questions were solely on Section 84 of the CJA.

Furthermore, Abraham said the apex court could hear the application as it would not involve the Kuala Lumpur High Court matter, and would be based on the Sultan of Perak’s decree (letter of appointment) to Zambry.

Meanwhile, Attorney-General Abdul Gani Patail who was present at today’s proceedings commented that the chambers respected the decision.

“We have successfully applied to be an intervener and would assist the court,” he said.

Hafiz Yatim, Mkini

Pengumuman Calon KeADILan Bagi PRK DUN Penanti

Pengumuman rasmi calon  KeADILan bagi PRK DUN Penanti akan dibuat 9 malam ini di Yayasan Aman, Penanti InshaAllah.

Ketua Menteri merangkap Setiausaha Agung DAP, YAB Lim Guan Eng, wakil MB Kedah dan pimpinan KeADILan Negeri menyatakan komitmen untuk turut hadir.

Lewat petang semalam saya telah mengadakan pertemuan Majlis Pimpinan Pakatan Rakyat yang turut dihadhiri oleh Tuan Guru Abd Hadi Awal dan YB Lim Kit Siang. Mereka telah dimaklumkan mengenai cadangan calon KeADILan dan memberi perakuan untuk sama-sama membantu kempen PRK DUN Penanti kelak.

Sementara itu pimpinan Umno masih terus membelek kitab dan meneliti fakta sebelum membuat keputusan muktamad samada bertanding atau tidak. Datuk Sri Najib membayangkan bahawa Umno tidak bersedia bertanding demi menjimatkan belanja. Namun amat sukar buat beliau mengenepikan saranan Tun Dr. Mahathir untuk tetap bertarung ‘demi maruah dan tradisi Umno-BN’.

Manakala ditanya, saya sekadar menjawab, saya yakin dengan kematangan, kebijak-
sanaan sanak saudara dan rakan taulan saya di Penanti dan Permatang Pauh, inshaAllah.

ANWAR IBRAHIM

SPR dilihat seolah-olah menjadi agen bn

Anna Yusof

KUALA LUMPUR, 27 April (SK) :  Pengarah Strategi KeADILan Tian Chua menyelar kenyataan Suruhanjaya Pilihan Raya (SPR) yang  mahukan parti-parti politik tidak mengadakan pondok panas tidak berasa kerana strategi pondok panas bukan bidang kuasa SPR.

Berikutan,  Abdul Aziz   mengumumkan keputusan mengejut  SPR melarang penggunaan pondok panas dan perayu undi dalam pilihanraya kecil kali ini.

“Selama ini pihak KeADILan tidak menghadapi sebarang masalah pergaduhan atau apa-apa kesalahan yang bertentangan dengan urusan dan peraturan SPR, tidak ada sebab pondok panas harus dihentikan,” kata beliau kepada Suara Keadilan.

“Tidak timbul soal ketegangan atau pergaduhan diantara penyokong-penyokong parti yang bertanding malah dengan adanya pondok panas amat membantu melancarkan proses semasa pilihanraya yang sedang dijalankan,” tegas beliau

Abdul Aziz berkata keputusan itu kononnnya bagi membolehkan hari mengundi berjalan dengan “aman, tenang dan tanpa kesesakan lalulintas,” selain “menyejukkan suasana” selepas berkempen.

“Jika terdapat begitu ramai penyokong parti berada dikawasan pilihanraya, itu adalah hak individu jika beliau mahu tampil memberi sokongan kepada parti,” jelas Tian lagi

SPR dilihat makin menunjukkan seolah-olah menjadi agen Barisan Nasional kerana mahu bertindak luar dari bidang kuasa dengan bercakap berpihak kepada kerajaan BN walaupun Badan pemerhati pilihanraya bebas dan adil (Mafrel) telah membuat kenyataan akhbar mahu pengarahnya Abdul Aziz Yusof meletak jawatan jika terus jadi agen BN.

SPR juga telah memutuskan untuk menghadkan kehadiran penyokong parti-parti yang bertanding ketika hari penamaan calon.

Menurut Tian, SPR harus fokus kepada isu-isu berkaitan pengundi hantu dan mengemaskini sistem pendaftran yang agak kucar kacir daripada campurtangan isu pondok panas yang tidak ada kaitan dengan SPR dalam proses pilihanraya.

Abdul Aziz  mendakwa pondok panas menjadi “paksi ketegangan”  semasa hari pengundian.

“Saya tidak tahu hendak menjelaskan gelagatnya (di pondok panas). Kadang-kadang macam dirasuk hantu. Bila kita cakap (tegur), dia kata kita pula yang emosional.

“Semangatnya (penyokong) tinggi dan bilangannya ramai,” katanya dalam sidang media di pejabatnya di Putrajaya pagi ini.

Jelasnya lagi, SPR bagaimanapun masih membenarkan parti politik bertanding merayu di dalam kenderaan sewaktu menghantar pemilih ke tempat pembuangan undi.

” Dalam kereta itu, bolehlah cakap (kempen),” katanya.

Abdul Aziz berkata pihak yang melanggar arahan terbaru SPR itu boleh didenda RM5,000 dan tidak dibenarkan mengundi bagi tempoh lima tahun.

Human Rights Watch Letter to the Prime Minister of Malaysia

Dato’ Sri Mohd Najib Bin Haji Tun Abdul Razak
Pejabat Perdana Menteri
Blok Utama
Bangunan Perdana Putra
Pusat Pentadbiran Kerajaan Persekutuan 62502 Putrajaya
Malaysia

Re: Human Rights in Malaysia

Dear Prime Minister,

Congratulations on your April 3, 2009, appointment as Malaysia’s sixth prime minister. As you know, Human Rights Watch, a nongovernmental human rights organization that monitors human rights in more than 70 countries around the world, has long raised human rights concerns in Malaysia with your predecessors.

We especially welcome your expressed “intention to uphold civil liberties” and your “regard for the fundamental rights of the people of Malaysia.” To that end, we urge your government to take specific measures to bring Malaysian law, policy, and practice into line with international human rights standards.

We urge that your government promptly ratifies core international human rights treaties, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and begin the process of bringing domestic law into conformity with these international instruments.

We further urge that you and your government give priority to the issues of arbitrary and preventive detention, freedom of expression, protection of migrants, refugees, and asylum seekers, and ending impunity for security forces. In the pages that follow, we discuss these issues in detail and offer specific recommendations.

Arbitrary Detention

The state of emergency in effect in Malaysia since the 1960s has been used by previous governments to violate fundamental human rights. Under the emergency, the Malaysian government enacted emergency ordinances permitting the government to pass broad and ambiguous laws that bypass judicial processes and review and effectively permit indefinite preventive detention. The Internal Security Act (ISA) is the most notorious of such laws and violates a number of international human rights standards, including the right to be free from arbitrary detention, the right to due process and to a fair trial, the presumption of innocence, as well as rights to freedom of expression and association.

Previous governments have justified use of the ISA by referring to multi-ethnic tensions. While Human Rights Watch recognizes that multi-ethnic tensions are a legitimate concern of any government, 51 years after independence, the government should not lose sight of the fact that Malaysia has a well-developed criminal justice system fully capable of dealing with multi-ethnic tensions, threats to its security, and other ill-defined activities without recourse to the extra-judicial ISA.

The official position that detention under the ISA is preventive, acknowledges that the government cannot, or has chosen not to, prosecute detainees for alleged crimes but rather extends executive power at the expense of the judiciary.

Throughout its long history, the ISA has been used to punish and silence peaceful political opponents and government critics. It has become an unfortunate and deeply embedded feature of a Malaysian political climate that stifles free expression, association, and peaceful assembly. Recent ISA political detainees include Raja Petra Kamaruddin, founder and editor of Malaysia’s most popular website; Teresa Kok, an opposition Democratic Action Party parliamentarian; and the Hindraf 5. Three of the five Hindu activists remain in detention. Others once held under the ISA include prominent political leaders such as Anwar Ibrahim, former deputy prime minister and current head of the political opposition coalition; and Lim Kit Siang, Karpal Singh, and Lim Guan Eng.

While Human Rights Watch welcomes the release of 13 ISA detainees, we are concerned that the promised government review will rebuff efforts at repeal. We are further concerned that in March and April 2009 there were three new ISA arrests and that such arrests were not formally announced, but only confirmed after reported by a civil society group. We urge that you heed the 2003 recommendation of Suhakam (Human Rights Commission of Malaysia), and promptly rescind the ISA and all other criminal preventive detention measures.

Human Rights Watch urges the Malaysian government to:

• Immediately and unconditionally revoke all emergency proclamations and ordinances that violate internationally protected human rights, including the Emergency (Public Order and Crime Prevention) Ordinance 1969.
• Abolish the Internal Security Act. Malaysia’s penal code and criminal justice system are fully capable of addressing situations of internal security.

• Immediately charge or release all individuals currently held under the Internal Security Act. Assure that those charged have prompt access to legal counsel and family members and are tried in conformity with international fair trial standards.

Freedom of Expression and Assembly

Human Rights Watch welcomes your lifting of the March 23, 2009, ban against two opposition party newspapers, Suara Keadilan, published by Parti Keadilan Rakyat (PKR), and Harakah, published by Parti Islam Se-Malaysia (PAS), and your follow-up statement that  Malaysia’s media outlets should not fear the consequences of responsible reporting.

However, less than a week later, your government refused to admit a reporter and photographer from Merdeka Review, an internet news website, to the press conference announcing your new cabinet. On April 14, Information, Communication, and Culture Minister Rais Yatim warned bloggers that the law would be invoked against bloggers who make unfounded allegations, and on April 19 he indicated displeasure and a review of “the role of [private] television and radio stations in nation-building.”

Until legislation such as the draconian Printing Presses and Publications Act, which requires annual licensing, is dismantled and the scope of the Sedition Act is narrowed, arbitrary threats to free speech and political activity in the name of national unity will remain. In September 2008, for example, Sin Chew Jit Poh, a Chinese language newspaper, and The Sun were warned about their reporting on “sensitive” inter-ethnic issues.

Provisions of the Police Act further compromise the ability of Malaysian citizens to peacefully assemble and advocate on critical issues. License requirements for any gathering of more than three persons have been used to block rallies, large and small, whose message the government disapproves of. Peaceful “unlawful” demonstrations have been swiftly repressed through use of water cannons, tear gas, arbitrary arrests, and politically motivated trials. In 2008-09, a series of small candlelight vigils calling for an end to ISA detention were summarily dispersed. In one, on November 9, 2008, a Malaysikini videographer on assignment was roughed up and had his camera confiscated. While eight people, among them five lawyers, have recently been acquitted of charges relating to their participation in a peaceful march on December 10, 2007, International Human Rights Day, the eight should never have been charged, nor is an appeal of their acquittal by the government warranted.

Human Rights Watch urges the Malaysian government to:

• Rescind the Printing Presses and Publications Act.
• Amend the Police Act to ensure it respects the right to peaceful assembly by revoking the unlimited power of a police district’s officer in charge to refuse to license or determine the conditions under which assemblies, meetings, and processions are licensed. Substitute regulations that set out reasonable and negotiated conditions for assembly and an appeal process that eliminates political grounds on which decisions to withhold permission are too often made.
• Narrow the overbroad definitions of “sedition” and “seditious tendency” employed in the Sedition Act and refrain from using the act to censor expression or to jail political opponents or critics.

Security Force Malfeasance

A culture of impunity pervades routine law enforcement by police and immigration officers in Malaysia. Recent unresolved incidents in police lockups highlight the problems of injuries and deaths in custody. Police report that there were 85 deaths in police custody during 2003-07, many of them still unresolved.

The United Nations Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions call upon governments to conduct “thorough, prompt and impartial investigation of all suspected cases of extra-legal, arbitrary and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death.” Ensuring that the police and other security officers are held fully accountable for any crimes that they commit is necessary for respect of human rights as well as for the maintenance of professionalism in the security forces.

In Malaysia, inquests move slowly-some are postponed for years-and family members are often not aware they are occurring. Common police explanations for these custodial deaths include hanging (i.e. suicide), falling while trying to escape, and natural causes. In one case, a detainee was reported to have died of “sudden fatty liver” within days of his detention. In addition to injuries that resulted in deaths, numerous other cases of physical abuse occur in conjunction with investigations of alleged crimes.

The death of 22-year-old Kugan Ananthan in January 2009 is one of a number of recent cases that point to the need for an Independent Police Complaints and Misconduct Commission (IPCMC) as recommended in April 2005 in the Report of the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police. Although the attorney general originally classified the case as murder, no one has been arrested and the case appears stalled. The subsequent public outcry has no doubt pointed to the lack of confidence in the ability of the police, the hospitals, and the Attorney General’s Chambers to investigate swiftly and impartially deaths in custody.

Substitution of the pending Enforcement Agency Integrity Commission bill (EAIC) for the IPCMC is unacceptable. The EAIC, which covers 21 government agencies, is a much-watered down version of the commission’s recommendations. Among other defects, the revised bill eliminates the commission’s power to initiate its own investigations even if no complaint had been received, and should it find a complaint has merit, choose the appropriate course of action. It also fails to eliminate as commissioners those with vested interest in outcomes.

In addition, the Malaysian government should:

• Implement the original Independent Police Complaint and Misconduct Commission proposal recommended by the Royal Commission to Enhance the Operation and Management of the Royal Malaysian Police.
• Discipline or prosecute as appropriate all security force officers involved in incidents of abuse, including those with command responsibility.

Migrants, Refugees, and Asylum Seekers

Malaysia’s immigration policy makes no legal distinction between undocumented migrants, refugees, and asylum seekers. Only those with proper documentation, including work permits, may legally enter or reside in Malaysia. All others are without protection and vulnerable to arrest, detention and deportation. The government does no screening to ascertain whether deportation poses a threat to a person’s life or freedom “on account of his race, religion, nationality, membership of a particular social group or political opinion.”

Malaysia’s current policy demands that asylum seekers register with the Malaysian offices of the United Nations High Commissioner for Refugees (UNHCR). However, impediments to effective access­­­­ deny asylum seekers “the right to seek and enjoy in other countries asylum from persecution” as guaranteed in article 14 of the Universal Declaration of Human Rights. Of particular note, the government refuses to allow UNHCR unrestricted access to migrants awaiting deportation in immigration detention centers, some of whom may be refugees in need of protection who have not had the opportunity to seek asylum.

In the context of the global economic downturn, Malaysia has halted new foreign hires and instituted a “foreign workers first out” policy that requires employers making staff cuts to terminate migrants first. Migrant workers carry large recruitment debts that they pay back over extended periods of time. Their employers should not be encouraged to prematurely terminate employment on the basis of national origin.

RELA

RELA (Ikatan Relawan Rakyat or People’s Voluntary Corps) is a government-backed untrained paramilitary force whose members, in conjunction with immigration and police officers, routinely round up suspected undocumented migrants. In May and June 2008, asylum seekers, refugees, and migrants told Human Rights Watch researchers of abuses perpetrated by RELA members and immigration officers during the arrest process and in the immigration detention centers. Such abuses included physical assault, intimidation, threats, humiliating treatment, forced entry into living quarters, extortion, theft, restricted communications with friends or family, and disregard and destruction of identity or residency papers. Several Malaysian officials have excused the abuses suggesting that the number of abusers is insignificant and that reasonable force is sometimes justified. However, credible accounts from migrants indicate that force is ubiquitous and gratuitous.

Domestic Workers

Migrant workers in Malaysia include over 300,000 domestic workers, primarily from Indonesia. Excluded from key provisions in Malaysia’s labor laws and subject to onerous placement fees by recruitment agents, many of these workers confront a wide range of human rights abuses, including labor rights violations such as excessively long working hours, lack of rest days, and unpaid wages; violations of freedom of movement and freedom of association; and physical and sexual abuse. In some cases these situations amount to forced labor, trafficking, or servitude.

Human Rights Watch welcomes recent prosecutions and convictions of abusive employers, but few domestic workers receive any redress. In recent years, nongovernmental organizations in Indonesia and Malaysia and the Indonesian embassy in Malaysia have received thousands of complaints from or on behalf of domestic workers. Many more cases are likely unreported given domestic workers’ isolation in private homes, employers’ ability to have workers summarily deported, and migrants’ lack of information about their rights.

Human Rights Watch urges the Malaysian government to:

• Ratify without reservations the 1951 UN Convention Relating to the Status of Refugees, its 1967 protocol, and the 2003 Convention on the Protection of the Rights of All Migrant Workers and Members of their Families and bring domestic law and practice into conformity with the documents.
• Ensure asylum seekers, refugees, trafficked persons, and abused workers are not subject to penalties imposed under the Immigration Act 1959/63.
• Allow asylum seekers the right to residence, documentation, work, and education while their claims are pending and give recognized refugees the opportunity to regularize their status.
• Facilitate UNHCR’s ability to determine refugee status by allowing the agency unhindered access to detention facilities. Ensure that all detained asylum seekers and refugees are able to contact UNHCR regularly.
• Abolish RELA, and repeal all regulations under which RELA was established and its powers expanded. Until such time, RELA should be restructured as a volunteer agency with no enforcement powers and with no role in either apprehension of irregular migrants or maintenance of security in the immigration detention centers.
• Undertake independent investigations into allegations of abuse by RELA members, immigration officers, and police officers. Hold accountable the perpetrators of such abuses, including those with command responsibility.

• Extend equal protection of the 1955 Employment Act and the 1952 Workman’s Compensation Act to domestic workers and create mechanisms for enforcement.
• Strengthen regulations governing recruitment agencies and include clear mechanisms to monitor and enforce standards concerning migrant workers. Oversight bodies to protect domestic workers from abuse should enjoy the power to conduct unannounced inspections of recruitment agencies and to impose substantial penalties on agencies that abuse workers or otherwise violate standards.
• Ensure employers fulfill their contractual obligations to migrant workers or pay adequate compensation.

Thank you for your consideration. We would appreciate the opportunity to discuss these and other human rights issues with you and with members of your administration.

Sincerely,

Brad Adams
Executive Director
Asia Division

Cc:

Deputy Prime Minister Tan Sri Dato’ Haji bin Muhyiddin Yassin
Minister of Foreign Affairs Datuk Anifah bin Haji Aman
Minister of Home Affairs Dato’ Seri Hishammuddin bin Tun Hussein
Minister of Information, Communication, and Culture Dato’ Seri Utama Dr. Rais Yatim
Deputy Chief of Mission to the US Ilango Karuppannan
Ambassador to the UN Datuk Hamidon bin Ali

To understand the Perak Constitutional Crisis

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Ku Li: Why Nizar is still the MB
THE STAR, 7 February 2009

Datuk Seri Mohammad Nizar Jamaluddin is still the Perak Mentri Besar until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the State Assembly, said Tengku Razaleigh Hamzah.

“Only the answer of the assembly counts, regardless how many sworn statements, defections, press conferences and declarations, or what forms of advertisement, display, inducement or force you bring to bear on the question,” he said in a statement yesterday.

“The Constitution makes no provision for his removal by any other means, including by petitions or instructions from any other authority,” he added.

He also said that a legitimate constitutional government draws all its authority from the consent of the people and only from that consent. The people consent because it is their government formed according to their constitution, whose leader is chosen through free and fair elections.

“To formally test the mandate of the current government, the question must either be put to the people through state elections, or to assemblymen through a formal vote in the Dewan,” said Tengku Razaleigh.

He said to remove and install governments in any other way was to violate the Constitution, erode the rule of law and run the risk of forming an illegal government.

*************************************************

That was what YBM Tan Sri Tengku Razaleigh Hamzah said on 7 February 2009. And, on 7 May 2009, we are going to see another chapter in the Perak Constitutional Crisis when the illegitimate Menteri Besar calls for a state assembly meeting and probably, as most already suspect, call for the removal of the Speaker of the Perak State Assembly.

Umno is just driving more nails into its own coffin. The majority of Perakians do not endorse the illegal and unconstitutional takeover of the Perak government. It is nothing short of a coup, by whatever name you wish to call it. The outcome of the recent Bukit Gantang by-election is proof enough that the people do not endorse what Umno did in Perak. If that is not a clear enough message of where the people’s sentiments lie then I don’t know what is.

Many legal minds have spoken on the issue, renowned and respected judges included, and all are of the opinion that Umno’s move is illegal and unconstitutional. Expect the people to converge on the Perak State Assembly on 7 May as a demonstration of their disgust. Even those within Prime Minister Najib Tun Razak’s circle have expressed dismay at what is going on in Perak. They feel that Najib has been ill advised and has made a huge tactical blunder.

Members of the Royal Family, the Perak Royal Family included, are no less perturbed. Not all Royals support the opposition of course. But not all agree with Umno as well. To put it mildly, the Royal Family is divided as to its support for the ruling party. While many support the ruling party for personal and business reasons, they worry that Umno’s blunders may not only see the demise of that party but also of the institution of the Monarchy as well. The Regent of Perak himself feels that the damage done to the Monarchy may not only be long term but may be irreparable as well.

Of course, we can’t interpret the sentiments of the Royal Family as being pro-rakyat or pro-democracy. After all, the succession to the throne is hereditary and no Ruler is democratically elected into office. So, democracy is probably the last thing in the minds of the Royal Family. But the Royals of today are not like the Royals of yesteryear. Nowadays, the Royals are well educated, many having received their education in overseas universities. So they know history. They studied history. And they know what the storming of the Bastille means and how it came about.

The Royals fear for their future. They fear that if they swim against the tide, they will drown. No matter how strong a swimmer you may be, you just can’t swim against the tide. What more if it is not just a tide but, in fact, a powerful Tsunami? A Tsunami will swallow everything in its path and suck all out to sea on its retreat. Malaysians learned the power of the Tsunami on Boxing Day of 2004 — and, again, on 8 March 2008, when, for the first time in Malaysian election history, the voters demonstrated the potency of people’s power.

The Royals are getting very nervous. They realise they can’t oppose Umno. This would be even more so since the architect and engineer of the mid-1980s Constitutional Crisis, Tun Dr Mahathir Mohamad, is now back at the helm of Umno, pulling all the strings from behind the scenes. The Royals do not fear Najib as much as they fear Mahathir. After all, Najib is more or less a Royal just like them, as was his late father, Tun Razak.

Malays, by nature, are feudalistic. And Umno, therefore, is also a most feudalistic party. It is just impossible to separate the Malays, Umno and feudalism. All three come as a package. And this was Mahathir’s greatest beef. He wanted to break the Malay feudalistic culture, which is also the Umno culture. And to do this he had to break the feudalism mentality of the Malays. So he went to war with the Rulers and taught the Malays how to kurang ajar.

At the time of the 1980s Constitutional Crisis, Tun Ghafar Baba was the Deputy Prime Minister. But unnoticed by most Malays, the move to eradicate the Malay feudalistic culture started earlier than that. It started when Musa Hitam was the Deputy Prime Minister. And Musa made the new plan very clear when he openly declared that it is time the Malays learned how to kurang ajar.

Most did not understand what Musa meant at that time. The Malays must learn how to kurang ajar. But kurang ajar against whom? The Chinese? The government? Umno? No! Musa Hitam is not a racist. All his women, and he had loads of them, were not Malays. Musa meant the Malays must break away from tradition. And one of these ‘counter-productive’ and ‘outdated’ traditions was the feudalistic culture that prevented the Malays from progressing and from moving forward. Is it not a Malay proverb: biar mati anak, jangan mati adat? Yes, better the child dies than tradition dies. Malays would die defending their traditions and this is what was holding them back.

Many could not understand why Mahathir chose Musa over Tengku Razaleigh as his Deputy. Was it not the deal that Tengku Razaleigh makes way for Mahathir as Hussein Onn’s number two and then, when Mahathir succeeds Hussein Onn, he would take Tengku Razaleigh as his number two? Yes, that was the deal. But Tengku Razaleigh is a Royalist while Musa is a Republican. And Mahathir, being a Republican himself, wanted another Republican and not a Royalist as his Deputy.

Umno’s history has always been about feudalism and ‘royalism’. Onn Jaafar was an orang istana. So was Tunku Abdul Rahman, followed by Tun Razak and Hussein Onn. The entire lot since 1946 were people brought up in the palace and who were very close and intimate with the palace. Onn Jaafar was in fact honoured by the Japanese during the occupation years and was given a Japanese officer’s uniform complete with Samurai sword to wear. This was the great respect the Japanese had for Royalty (the Emperor of Japan was considered a God) and the acknowledgement that not only was Onn Jaafar a Malay leader, but one who was close to the Johor palace as well.

Finally, in 1981, Umno managed to rid itself of feudalism and, for the first time, they got a Republican (some say Communist) as its leader. It took two generations for that to happen. But now that Umno no longer has an orang istana as its leader, why would Mahathir want to turn the clock back and appoint Tengku Razaleigh as his Deputy? So, instead, he chose Musa. And, when Musa resigned, he chose Ghafar, again, instead of Tengku Razaleigh.

But Ghafar was old Malay. He was one who held dear the old traditions. And when the Constitutional Crisis erupted in the mid-1980s, Mahathir forced Ghafar to lead the charge against the Monarchy. And Ghafar had to make many trips to Istana Negara with Anwar Ibrahim in tow to negotiate with the Rulers. The message was simple. The Rulers resisted at their own peril. If Malaysians rise up to demand that the Monarchy be abolished then Umno would not be able to save the Rulers.

The Rulers remained stubborn. So Mahathir launched a nationwide demonising campaign. The Rulers were dragged through the mud. Now even the Umno Malays were demanding that Mahathir cut the Rulers down to size. Now, it was no longer Mahathir but the Umno Malays who wanted the Rulers taught a lesson. Mahathir gallantly stepped in as ‘mediator’ and settled the problem between the Umno Malays and the Rulers. The Rulers had been taught who is the real boss in Malaysia. Umno, and not the Rulers, is the boss. The Rulers, with their tails between their legs, gave in and admitted defeat. Umno, or rather Mahathir, had won.

But the Constitutional Crisis proved that Ghafar was too weak. He was too soft. He was old Malay who held to tradition and culture. And one of those traditions and cultures is one does not derhaka with the Rulers. If not for Anwar, Ghafar would not have dared face the Rulers and engage them in a confrontation. That was why Mahathir made Anwar follow Ghafar to the Istana Negara. If Ghafar falters, then Anwar can step in to save the day.

And that is exactly what happened. At one point during the heated debate with the Rulers, Ghafar took off his songkok and placed it on the table. It was a most kurang ajar thing to do but something he did unconsciously. Ghafar was not trying to demonstrate kurang ajar. He was feeling desperate and in his desperation he took off his songkok without realising he was doing so. The head negotiator for the Rulers, the Yamtuan Besar of Negeri Sembilan, also took off his songkok and placed it on the table. That was His Highness’s way of saying that Ghafar is kurang ajar so he too is going to be kurang ajar.

Mahathir realised that Ghafar was still very feudalistic at heart. You can’t avoid it though. Ghafar is an old man, seven months older than Mahathir, so he is ‘old Malay’ in thinking. And old Malays do not kurang ajar with the Rulers. Mahathir decided that Ghafar has to go. He can never be a Republican. Anwar can. So Mahathir told Anwar to challenge Ghafar, which he did. And when Ghafar realised that Mahathir wants him out he gave Anwar a walkover. Anwar became the new Umno number two without a fight.

At the height of the Reformasi Movement, and soon after I was released from ISA detention in 2001, I was summoned to the Palace and asked why I am so stupid as to support Anwar and get incarcerated. I replied that I am not supporting Anwar as much as I am opposing Mahathir. I am doing this for the Monarchy, I replied, because Mahathir is anti-Monarchy and would turn Malaysia into a Republic if he could.

The Sultan replied that Anwar is no different. Anwar was one of the key players during the Constitutional Crisis, the Sultan said. It was actually Anwar and not Ghafar who gave the Rulers a hard time. No doubt Mahathir was the architect and engineer. But Anwar was Mahathir’s ‘hit man’ who did much damage to the Rulers. Ghafar did not talk too much. Anwar did most of the talking and was the one the Rulers faced most problems with. The Rulers can never trust Anwar and will not accept him as a Prime Minister.

That meeting with the Sultan revealed what was in the minds of the Rulers. Anwar was perceived as a Republican, just like Mahathir, and it did not matter who won the fight in the Anwar-Mahathir war that erupted in 1998. They realised that Anwar was Mahathir’s victim and they did not believe all the allegations against Anwar, in particular the sodomy allegation. But it is good that Mahathir and Anwar are now at war. A united Mahathir and Anwar would not be good for the Monarchy. It puts the Monarchy at risk. Now that Mahathir and Anwar are at war, they are too occupied to worry about the Rulers and will leave the Rulers alone, at least for the next couple of years.

And that is why the Rulers did not come to Anwar’s aid in 1998 when Mahathir threw him into jail. They welcomed the Reformasi Movement in that it kept Mahathir busy and helped weaken Umno. A strong Umno would mean a weak Monarchy. On the other hand, a weak Umno would mean the Rulers would be needed as Umno can then hide behind the Monarchy to perpetuate its evil deeds, like what is happening in Perak now. Furthermore, would the Rulers dare take Anwar’s side and risk antagonising Mahathir? At least, with the Rulers remaining ‘neutral’, Anwar and Mahathir can go for each other’s throats rather than for the throats of the Rulers like in the mid-1980s.

But Najib is different. Sure, he is carrying much baggage. But then so are many of the Rulers. No one is perfect, in particular the Rulers. After all, the Rulers are also human, just like Najib and all the Umno leaders who have numerous skeletons in their closet. But Najib is an orang istana and he would never dream of abolishing the Monarchy and of turning Malaysia into a Republic. With Anwar they could not be so sure, as the mid-1980s Constitutional Crisis proved. Better a devil like Najib that one knows than an angel like Anwar who might turn out to be the death of the Monarchy.

We must remember that Anwar played a crucial role in the mid-1980s Constitutional Crisis. Najib did not. Najib, in fact, kept the lines of communication with the palace open the entire duration of the Constitutional Crisis. Najib demonstrated that he is a friend of the Monarchy, just like his late father was. Anwar demonstrated the reverse.

It is not puzzling as to why the Sultan or Perak appears pro-Umno, or rather pro-Najib — because it is Najib who is behind the current Perak Constitutional Crisis. The key word here is survival. Najib can ensure the survival of the Monarchy. Anwar cannot. In fact, in the mid-1980s, he already demonstrated he is anti-Monarchy. You can always argue that Anwar had no other choice as he was under the orders of Mahathir. But then so were Ghafar and Najib but they did not whack the Rulers as hard as Anwar did.

If one wants to argue that Anwar is not anti-Monarchy and was only doing Mahathir’s bidding, the clash Anwar had with the Kelantan Palace put this theory to sleep. Anwar was the Finance Minister at that time and he ordered the Customs Department to impound the Sultan’s Lamborghini on grounds that the import duty was unpaid. Actually, Sultans are exempted from import duty on the first seven cars they import while the Regent, Raja Muda or Tengku Mahkota gets exemption on three. So that makes ten cars altogether and the Sultan of Kelantan had not used up his full quota.

The Sultan was furious and he asked his palace official to go to the Customs office and take the car by force. The palace official just drove off with the car under the very noses of the Customs officers, much to the chagrin of the Customs Department and Anwar who accused the Sultan of stealing the car. Later, it was proven that the Sultan was right and that Anwar was wrong and the issue was quietly laid to rest without any further hullabaloo. But the damage had been done. Anwar’s actions were entirely on his own initiative and not on the instructions of Mahathir. No one can now say that Anwar’s role in the mid-1980s Constitutional Crisis was just to carry out the instructions of Mahathir.

To understand what is happening in Perak today, one must go back 25 years or so to the time when Anwar and Ghafar made those many trips to Istana Negara to engage the Rulers in the Constitutional Crisis. The Rulers got burned badly. And it was Anwar that they had to face, not Mahathir. Yes, the Rulers know it was Mahathir pulling the strings from behind the scenes. But it was Anwar and not Mahathir who tegang leher and bertekak with the Rulers while Ghafar sat there sighing, wishing he had never been dragged into this fight.

Sure, the Rulers are selfish. What they are doing is only to ensure their own survival. But is this not the natural instinct of humankind? Is it not natural for anyone to make a decision that ensures your own survival? And this is exactly what the Sultan of Perak is doing. He backs Najib over Anwar. And he gives the Perak government to Najib’s party instead of Anwar’s. That is what anyone would do when his or her survival is at stake.

But is the reverse going to happen instead? Is what the Sultan of Perak doing going to actually accelerate the demise of the Monarchy rather than the other way around? Time will tell. Maybe what is happening in Perak will just put to question the relevancy of the Monarchy. Maybe the Tsunami of people’s power will challenge the wisdom of the Monarchy and demands for its abolishment may reach a crescendo. Or maybe Najib will owe the Monarchy a huge favour and he will ensure that the Monarchy is retained, at least during his tenure as Prime Minister.

7 May 2009 may, or may not, be the turning point for the Monarchy. 7 May 2009 may see the Monarchy strengthened or may see it weakened. We will know which it is going to be when 7 May 2009 is upon us. Will the people turn out in droves? Will they hit the streets in tens of thousands like what they did on Nomination Day in Bukit Gantang? Are we going to see the storming of the Bastille on 7 May 2009?

Sure, Umno too will make sure they are represented in great numbers. Umno will probably bus in its supporters from all over Malaysia to make up those numbers. No doubt Umno has the money to finance this ‘great assembly’. With money you can do many things. But the ‘other side’, made up of opposition supporters, will also be in Ipoh on 7 May — not because they have been paid to be there, but because they want to be there. You do not need to pay opposition supporters to come out. They will be there on their own accord and at their own expense.

Expect the police to soon issue a statement. The people will be warned that they must not go to Ipoh on 7 May 2009. The police will declare that the gathering in Ipoh is going to be classified an illegal assembly and that action will be taken against anyone who assembles in Ipoh on 7 May 2009.

I doubt, however, that the people can be intimidated. Gone are the days you can threaten the people and frighten them into staying indoors. The crowd will be there. Both sides will be there. And how the government handles the situation will depend on what happens thereafter.

And don’t say Malaysia Today has not warned you. We are warning you that for every action there will be an opposite and equal reaction. Force begets force and violence begets violence. And there is only so much you can do to oppose the will of the people. Many countries all over the world, our neighbours included, have demonstrated this. The people always win in the end. And there are no two ways about it.

See you in Ipoh on 7 May 2009.

‘Rasuah’ gets assembly worked up

Written by Regina William, The Edge

The word “rasuah” (“bribe”) uttered during the winding-up debate on the motion of thanks to Penang Governor Tun Abdul Rahman Abbas got the Penang State Assembly into an unnecessary sideshow.

Chief Minister Lim Guan Eng (Air Putih-DAP) was explaining the land issue involving state executive councillor Lim Hock Seng (Bagan Jermal-DAP) when Datuk Jahara Hamid (Teluk Air Tawar-BN) questioned the procedure in the return of a piece of land to Hock Seng.

“You said that we are looking for ‘bones in an egg’, but there is a skeleton in your closet especially where the land deal is concerned,” she added.

Guan Eng explained that the land was originally owned by Hock Seng in the 1980s, but was washed away by erosion and when the land was reclaimed, naturally it was returned to him as it was rightfully his.

“God taketh and God giveth, it was his to start with and the natural process gave it back to him,” he added.

Jahara said the land which was given to Hock Seng should have been charged according to market rates, as that was the proper procedure.

Guan Eng then turned the tables on Jahara, asking her to explain about a land matter involving the Safira Country Club, which Jahara is known to be involved in since the club was started in the 1990s.

He went on to say that the land was also sold way below market rates.

Jahara accused Guan Eng of hitting below the belt and said the land was zoned as recreation land and was on a short-term lease and warned Guan Eng not to make baseless allegations.

At this point, while both Jahara and Guan Eng were engaged in a war of words, one of the backbenchers shouted “rasuah“.

This irked Jahara, who demanded an apology. The names RSN Rayer (Seri Delima-DAP) and Tan Cheong Heng (Padang Lallang-DAP) were mentioned as the culprits, but they denied involvement and demanded apologies.

Speaker Abdul Halim Hussin intervened, but still none of the backbenchers owned up. Abdul Halim then said the Hansard would be referred to find the culprit.

After lunch, Speaker Abdul Halim said the word “rasuah” was uttered, but the person who said it did not use the microphone hence could not be traced even with the CCTV recordings.

Jahara then said it only proved that the backbenchers were making allegations without basis or proof.

This irked Jagdeep Singh Deo (Datuk Keramat-DAP), who insisted that Jahara apologise for implicating all the backbenchers.

Abdul Halim then said he had given everyone equal opportunities to debate, but there had been too many incidences of disruptions. “I have yet to use the standing orders to evict anyone but I would not hesitate to do so,” he warned.

Jahara insisted she would not apologise until someone owned up.

This caused Guan Eng to say: “It is starting to sound like the Lingam inquiry — sounds like him, looks like him and seems like him but it is not him,” he said in jest.

After lunch, Speaker Abdul Halim said the word “rasuah” was uttered, but the person who said it did not use the microphone hence could not be traced even with the CCTV recordings.

“If you had said it, you should stand up and take responsibility for it instead of being irresponsible. I do not want this to drag on and I am making a stand here. I want this to stop here and not be pursued further,” he added.

The soft spoken Abdul Halim warned that there would no compromises if any of the state assemblymen did not toe the line.

“If you have evidence, show proof and prosecute,” she added.

Guan Eng who continued his winding up then told Jahara: “When you point a finger at anyone, remember, the four fingers are pointing back to you, and I am talking about the Safira Country Club,” he added.

Dr Mansor Othman to be named PKR candidate

Penang PKR deputy chief Dr Mansor Othman is expected to be named as the party’s candidate for the upcoming Penanti by-election on May 31 in Penang.

MCPX

Mansor, 56, is a former university lecturer and student leader. He also served as Opposition Leader Anwar Ibrahim’s political secretary during his tenure as deputy premier.

It is learnt that the announcement will be made by Anwar tomorrow night in Penanti.

Party insiders said that Mansor is now almost certain to be the party’s candidate after he was not chosen as PKR’s nominee as a senator by the state assembly today.

That position went to PKR state secretary Mustafa Kamil, who was approved by the Penang state assembly as a senator from PKR.

If selected, Mansor, largely seen as Anwar’s favourite candidate for the Penanti by-election, would also assume the vacant deputy chief minister post if he wins the by-election.

“As it stands, Mansor is the PKR candidate for Penanti barring any last minute accident,” said a source close to Mansor.

Defeated narrowly in 2008

In the 2008 general election, Mansor contested for the Pulau Betong state seat but lost by 294 votes to Umno’s Muhammad Farid Saad.

He was Anwar’s original choice to be the state deputy chief minister but had to forgo it to Mohamad Fairus Khairuddin as a result of this defeat.

Penanti will be the sixth by-election since the March 8 general election, five of which were snatched by Pakatan Rakyat.

The coming battle for the state seat – located under the Permatang Pauh parliamentary constituency – is also expected to be won by Pakatan.

However, Barisan Nasional has yet to decide if it will contest. The decision will be made by the Umno political bureau soon.

Permatang Pauh is considered the fortress of Anwar who is the incumbent parliamentarian there.

The Penanti seat fell vacant following the resignation of former Penang deputy chief minister I Mohamad Fairus.

Anwar revamps Keadilan management team

By SK English News

Opposition Leader Anwar Ibrahim has revamped the top management of his Keadilan party in a bid to improve its machinery and offer younger leaders the opportunity to prove their mettle.

Party president Wan Azizan Wan Ismail will be tasked with monitoring media coverage and immediate responses to urgent matters that crop up unexpectedly.

Deputy party president Syed Husin Ali will focus on policy issues involving Malays and the bumiputera community, politics, economy, education and culture.

Information chief Tian Chua will be the new the Strategic Affairs director, while Mustafa Kamil Ayub will chair the International Relations committee with Tan Kee Kwong as his deputy.

Vice-president Azmin Ali will head a new task force with Lee Boon Chye, Sivarasa Rasiah, Mustafa Kamil Ayub, Jeffrey Kitingan, Youth chief Shamsul Iskandar Mohd Akin and Wanita chief Zuraidah Kamaruddin.

“Their task will be to strengthen the party in the various divisions and states,” said Anwar. “They will also look at creating a positive atmosphere and instilling party discipline among the state and division leaders including MPs and state assemblymen.”

Saifuddin Nasution will take over as election director, Fauziah Salleh will head the training committee, while Johari Abdul will be in charge of the new membership committee.

Latheefa Koya will take over the information portfolio, while Johnson Chong will be communications chief.

Yeop Adlan Che Rose will head the disciplinary committee, aided by Abdul Halim Yusof, Paul Gadang, S Raveentharan and Sharifah Shahidah.

Muhammad Nur Manuty, Tan Yee Kew, S Manikavasagam, N Gobalakrishnan and Wee Choo Keong will be the senior members in the political bureau.

Shake-up in PKR management roles

PKR has re-jigged the role and functions of several senior council members, to improve the party’s strength and machinery in order to upgrade services to the people.

MCPX

Party president Dr Wan Azizah Wan Ismail will, for example, monitor media coverage and immediately respond to any pressing matters.

“She has to make her presence felt more,” said de facto leader Anwar Ibrahim in a statement isued after the party’s monthly meeting today.

Deputy president Dr Syed Husin Ali will concentrate on policy issues involving politics, economy, education and culture. He will also supervise matters pertaining to the Malays and the bumiputera community.

Vice-president Azmin Ali will relinquish his post as director of the election machinery, and head a task force with the other vice-presidents – Dr Lee Boon Chye, R Sivarasa, Mustafa Kamil Ayub and Jeffrey Kitingan – along with Youth chief Shamsul Iskandar Mohd Akin and Wanita chief Zuraidah Kamaruddin.

“Their task will be to strengthen the party in the various divisions and states,” said Anwar.

“They will also look at creating a positive atmosphere and instilling party discipline among the state and division leaders including MPs and state assemblypersons.”

Secretary-general, Sallehuddin Hashim will manage the daily operations of the headquarters and the party machinery, including the management committee and membership recruitment drive.

Party machinery reorganised

Anwar also announced the reorganisation of the party machinery.

Saifuddin Nasution is the new party election director, Fauziah Salleh heads the training committee, and Johari Abdul leads the new membership committee.

Tian Chua is the strategic affairs director, and Mustafa Kamil Ayob chairs the International Relations committee with Dr Tan Kee Kwong as his deputy.

Lawyer Latheefa Koya is the new information chief, while Johnson Chong is the communications chief.

The disciplinary committee, headed by Yeop Adlan Che Rose, comprises deputy secretary-general Abdul Halim Yusof, Paul Gadang, S Raveentharan and Sharifah Shahidah.

Senior members in the Political Bureau are Dr Muhammad Nur Manuty, Dr Tan Yee Kew, S Manikavasagam along with N Gobalakrishnan and Wee Choo Keong.

16 sacked for anti-party behaviour

In a separate statement, the party announced the immediate sacking of 16 members for acting against its interests in the Bukit Selambau and Batang Ai by-elections on April 7.

Syed Husin said the decision was made at the party’s supreme council meeting last night.

The 16 were dismissed for criticising the party or for declaring themselves to have quit the party. One stood as an independent candidate in the Bukit Selambau by-election.

Twelve of the sacked party members were from Kedah, and the rest were from Sarawak.

Among those sacked from Kedah were B Kalaivanar (right) who had quit the party in anger after being overlooked as a candidate for the by-election.

Kalaivanar had then openly lobbied voters not to vote for PKR’s S Manikumar, who eventually won the by-election.

bn faces by-election struggle in Penanti

Ruling coalition Barisan Nasional, humiliated in a string of by-elections losses over the past year, faces a further bruising contest as authorities today announced another vote in May.

MCPX

“It will be an uphill battle for Barisan Nasional. The opposition alliance will have no problem in regaining the seat as long as there is no internal sabotage,” said James Chin from Monash University’s Kuala Lumpur campus.

He said that in deciding whether to contest the Penang vote, Najib must decide “whether he wants to face another defeat.”

The Election Commission said a by-election would be held in Penang on May 31, for a seat in the state legislature after the resignation of a senior member of the opposition coalition which rules the state.

Penang deputy chief minister Mohammad Fairus Khairuddin quit last month after he was investigated for alleged corruption, saying his departure would “allow me the space to clear my name.”

The ruling BN coalition, which suffered its worst losses in March 2008 general election that saw the opposition seize five states and a third of parliamentary seats, is considering not contesting the by-election.

“We are not afraid of losing to them but it is a sheer waste of public funds,” Najib said earlier this month.

Defeated in four by-elections

Political parties must nominate by May 23 their candidates for the vote.

Barisan Nasional has lost four of the five by-elections held since the national polls a year ago.

Najib was dealt a major rebuke within days of being sworn in earlier this month, losing two of three by-elections held on April 7 in a result the opposition said indicated voters had rejected the new premier.

The votes were seen as a referendum on Najib and his ambitious agenda to reform the ruling party Umno and repair ties with the nation’s ethnic Chinese and Indian minorities.

-AFP

Khalid sues MACC for defamation

Selangor Menteri Besar Khalid Ibrahim filed a defamation suit today against the Malaysian Anti- Corruption Commission (MACC), its chief commissioner Ahmad Said Hamdan and the government.

MCPX

Khalid filed the suit at the Kuala Lumpur High Court registry at 2.45pm.

The Bandar Tun Razak MP claimed that Ahmad Said and the MACC had issued defamatory statements which resulted in the New Straits Times report titled ‘Khalid in hot water over car and cows’.

The menteri besar claimed that the statements meant that he was dishonest in his private and official capacity, guilty of corrupt practices, untrustworthy and an unfit politician.

It also meant that he is unfit to hold public office, unprincipled, committed a criminal offence which is punishable by imprisonment, unethical and abused his position.

Khalid also claimed that the defendants had ‘crossed the lines of common decency’ by making such an allegation.

He contended that the claims by Ahmad Said were baseless, reckless and made with gross negligence to tarnish his reputation.

He claimed that the MACC chief had acted beyond his powers to make such derogatory statements.

Khalid alleged that the statements were a distortion of the truth, made out of malice and in bad faith, and resulted in public hatred, ridicule, scorn and alienation. It has also affected his public image.

Reputation has been tarnished

He also claimed that as a person holding the public office as menteri besar, his reputation had been tarnished.

Following this, Khalid said he suffered distress, anxiety and embarrassment therefore entitling him for exemplary and aggravated damages.

The Selangor menteri besar also claimed that Ahmad Said and MACC should have known that the commission only possessed investigatory powers and the attorney-general has the powers to prosecute.
Khalid also claimed that the statement made by deputy chief commissioner Abu Kasim Mohamed to justify his superior was wrong and misconceived.

He also claimed that the defendants had failed to respond to his lawyers’ demands for an explanation and a demand for a retraction made on two occasions on Feb 26 and March 19.

He is seeking compensatory and aggravated damages, along with exemplary, general and special damages.

Khalid is also seeking an injunction to restrain the defendants from repeating, uttering, speaking and writing the alleged defamatory words.

Hafiz Yatim, Mkini

Pakatan to form shadow cabinet committees

By Wong Choon Mei

Pakatan Rakyat plans to form shadow cabinet committees to track the performance of arch rival Umno-Barisan Nasional and offer voters alternative policies, ways and means to govern the country more effectively than it currently is.

Said Keadilan Strategic Affairs director Tian Chua: “This is a form of collective responsibility. It will also build teamwork, get Pakatan MPs working together and bring out the best talent for the country.

“This is not about who gets what. That is the outmoded Umno-BN model – fighting for ministries and the number of ministerships. Instead, this is about what we can all do to come up with better solutions for the country.”

Better governance and policies

While the Prime Minister Najib Razak’s coalition has been quick to take aim at the Pakatan for not naming individual ministers, political watchers said it was unnecessary.

What was more important was whether Pakatan as a whole could offer Malaysians better governance and policies.

To do that, Pakatan should gauge the most suitable person for each portfolio rather than make mere political appointments, much the way the Umno-BN was doing, they said.

“This is an excellent first step forward. Out of the cabinet committees formed, leaders of proven capability will emerge who will become future cabinet ministers,” said Ramon Navaratnam, chairman of Asian Strategy and Leadership Institute.

“It is very useful to get this process going, with specialisation in each area of expertise Not only will it help to build a good, strong cabinet with hands-on people in charge, it will also create more active and meaningful debate in Parliament. This can only benefit the Malaysian public,” Ramon added.

“We will not be rushed into any decisions as important as these. If there is an emergency and we need to respond, rest assured we can jump to the occasions. Pakatan has many seasoned politicians and expert practitioners. But until then, our official stand for now is we will decide on the individual shadow ministers when we are fully in power,” said Tian. SK

najib Altantuya’s liberalisation of financial sector disappoints again

By Wong Choon Mei

In a follow-up to last week’s disappointing baby steps to liberalise the economy and in line with WTO prescriptions, Prime Minister Najib Razak has raised the foreign ownership ceiling on merchants banks and insurers to 70 percent but kept the cap at 30 percent for commercial banks.

Najib, who is also finance minister, also announced that the central Bank Negara will offer nine new banking and insurance licences over a two-year period. Two licences each for foreign-owned Islamic banks and foreign trade banks will be issued in 2009 itself, while three new commercial banking licences will be offered in 2011.

“Nine new bank and insurance licences will also be issued to world-class players in the financial sector from 2009-2011,” said Najib, who did not give further details. The existing foreign equity limit on merchant banks and insurers is 49 percent.

His supporters have tried to paint the latest measures as sweeping new reforms offered by Najib to revamp the country’s embattled economic landscape, long-criticised for its uneven wealth distribution and protectionism of favoured ethnic groups.

But analysts were unimpressed, saying the measures were first detailed in a financial sector master plan unveiled in 2001, which requires the industry to be fully opened up by 2010 in any case. In fact, they pointed out that the measures were already late, given that a large step-up was due to have been executed by 2007.

“The government is just doing what it is supposed to do by carrying out its promises under the financial sector masterplan in accordance with the World Trade Organisation on opening-up and non-protectionism,” said Azrul Azwa, economist at Bank Islam.

“We welcome the moves but it is inaccurate to portray the latest steps as Najib introducing new reforms. This is a gross inaccuracy and the public and investors should not be in anyway misled,” said PHS Lim, president of Malaysian Investors Association.

Half-hearted and questionable

Analysts also warned that apart from equity moves and new licences, Najib needed to introduce greater operational reforms for the banking industry or risk being shunned by the biggest players.

For example, foreign banks are currently restricted from freely competing against local lenders by Bank Negara, which controls the number of ATM stations and branches that they can be open.

Said Lim: “The changes must not be on the surface. The US Senate Banking Committee recently complained their banks in Malaysia were restricted in opening branches.Why invite new players but neglect the pioneers who came earlier? Their investments here are already very significant and their  grouses should be attended to.”

“Giving out new licences when the banking industry was forced to consolidate in the late 1990s begs the question why? Is someone somewhere getting something from the new licences offered?,” asked a banking analyst at a foreign research house.

While foreign investors, particularly foreign banks, would now have greater incentive to buy into local merchant banks and insurers, Malaysia was also likely to miss the 2010 deadline for commercial banks.

“In the past with 49 percent, you don’t get control. So this was a turn off for many,” said Lim. “It’s a pity there is no similar increase for the commercial banks, though frankly, given the current economic turmoil, there won’t be many foreign investors looking to snap up equity unless there are fire-sale prices.”

“It looks like Malaysia will miss the 2010 deadline for commercial banks. This is not good news and actually shows Malaysia is half-hearted about its reforms,” said the banking analyst. “You can’t blame the economic conditions or wait for the best timing, there is no such thing. The rules must be right, the playing field must be level even before the game begins.  You can’t keep on asking for a handicap.”

At 5 pm, the benchmark Kuala Lumpur Stock Exchange Composite Index slid 1.27 percent or 12.56 points to close at 980.12 points as investors booked profit on the disappointing announcements.

Last week, Najib lifted a long-held equity condition that bumiputera (Malays and other eligible indigenous races) must hold a minimum 30 percent of the economy, but the liberalisation was for only 27 service sub-sectors, including transport, hospitality and tourism.

While important, these sectors represented only a fraction of the overall economy. “To be honest, the 27 are very small sectors. The impact of the liberalisation from these will be minimal although in the long run, their contribution can be built up,” said Lim.

EC fixes May 23, 31 for Penanti nomination, polling

By Wong Choon Mei [Updated]

In the doghouse over accusations of bias and subservience to Prime Minister Najib Razak, Malaysia’s Election Commssion finally fixed May 23 and May 31 as the nomination and polling days for the Penanti by-election in Penang.

The delay of nearly two weeks by the EC has been widely condemned as part of a concerted government effort, roping in anti-graft body MACC and the Umno-BN-controlled media, to entice Keadilan assemblyman Fairus Khairuddin into changing his mind about quitting the seat.

“We will immediately put our our campaign in place. Despite their cat-and-mouse game, our morale has not been affected, we are fully ready,” said Keadilan’s Strategic Affairs director Tian Chua.

Having lost four out of the past five by-elections, Najib can ill afford to lose Penanti especially as it is one of three state seats under the larger Permatang Pauh parliamentary constituency held by his arch rival, Opposition Leader Anwar Ibrahim.

Despite launching a multi-million ringgit publicity campaign and blatant trumpeting by the government media, Najib’s performance as Malaysia’s sixth prime minister has been poorly rated by both local and foreign analysts since he formally took office earlier this month.

On Friday, he astounded his Malay community and the rest of the nation by appointing a group of old faces to the Umno top decision-making body. This group includes former Trade Minister Rafidah Aziz, Malacca Chief Minister Mohd Ali Rustam and Tengku Adnan Mansor – all of whom have at one time or other in the past two decades been criticised for alleged corruption.

“Najib promised change. Is this change? When the leadership is not perceived as clean, how can you expect them to formulate policies to weed out corruption – I mean, they might catch themselves! Or put differently, why would they do anything that could upset their own rice bowls?,” said a veteran political watcher.

Najib was also due to decide at Friday’s supreme council meeting if his party would contest at Penanti, which he had wanted to skip, fearing another electoral loss.

“The delay has nothing to do with the Umno supreme council meeting. I didn’t even know when it was held,” said EC chairman Abdul Aziz Mohd, when pressed by reporters during today’s announcement of the by-election dates.

Another dirty dog-fight

Concerns are now running high that the EC may not carry out a fair and clean election at Penanti. Already it has tried to slap on new conditions that Anwar’s Pakatan Rakyat coalition says are clearly meant to favour the Umno-BN at the expense of other candidates.

All eyes are also on the amount of election goodies Najib will pour into Penanti, a small electorate of just 15,421 voters.

Earlier this month, to win the Batang Ai seat in Sarawak, Najib approved RM70 million of projects for the 8,006-strong constituency or about RM9,000 per voter. This does not include the cash gifts that his supporters were also accused of lavishing on the people there.

Last week, the EC wanted to slip in new ground rules that included restricting the number of supporters attending nomination and polling day events. It also wanted to impose a longer cooling-off period of as much as two full days before balloting.

“We discussed and in the end it was the Pakatan’s unified stand to outright reject these proposals as they infringe on the rights of the voters. The EC must stop acting on behalf and in favour of the Umno-BN. It must be non-partisan and neutral. How else can the parties have confidence in free and fair polls, what more the voters!,” Keadilan vice president Sivarasa Rasiah said.

Umno-BN will contest despite Najib’s sandiwara

Located on the mainland, Penanti boasts a picturesque expanse of padi fields, with rubber and palm oil plantations dotting the constituency. It is made up of little villages with a smattering of commercial activities. Most of the residents are industrial workers and small businessmen.

In the 2008 general election, first-timer Fairus had thumped his Umno rival with a majority of 2,219 votes. He obtained 7,346 votes versus Abdul Jalil Abdul Majid’s 5,127. 73 percent or 11,296 voters are Malay, 24 percent or 3,732 are Chinese, and 2 percent or 371 are Indian.

Despite wishing to avoid Penanti, Najib is expected to field an Umno candidate all the same. To not do so would further invite criticism of cowardice – not so much from Pakatan, which has more to benefit if Najib abstained – but from within the party’s own rank and file.

Even his mentor, ex-premier Mahathir Mohamad, had urged greater fighting spirit as Anwar led calls for an Umno-BN walkover, condemning Najib’s initial refusal to hold any contest at all.

Protests from pro-democracy groups and civil society against any election ban also forced Najib to publicly concede he may give a walkover instead. However, his supporters worked behind the scenes in a bid to get Fairus to defect rather than quit.

“Wait. We will meet soon,” said Najib, referring to the Umno political bureau which he heads, when asked by reporters today if his party would contest.

The Pakatan will be fielding a Keadilan candidate and is expected to name its choice soon. Independent candidates are also expected to participate, with former Keadilan leader Aminah Abdullah the first to publicly declare her intentions.

“Fairus was offered millions to become a BN-friendly Independent but he chose to remain as a Keadilan man even though he had to relinquish all his positions,” Anwar said. SK

Sun Tzu and the art of war

NO HOLDS BARRED

Raja Petra Kamarudin

The Internet has been abuzz the last couple of days about the ‘accidental’ police report an NGO made against Malaysiakini. Those who had made the police report did not know the difference between Malaysiakini, The Malaysian Insider and Malaysia Today.

The following day, they ‘corrected’ the mistake and two more ‘Malay’ NGOs made a police report against Malaysia Today. While I am honoured that the news reports talk about Malaysiakini, The Malaysian Insider and Malaysia Today in the same breath, I have to correct this misperception and declare that Malaysia Today should not be compared to Malaysiakini or The Malaysian Insider.

Malaysiakini and The Malaysian Insider are proper or legitimate online newspapers or portals run by professional media personnel, most who have many years experience in the media industry. Malaysia Today, however, is not in that same league. We are not a proper or legitimate online newspaper. Neither are we run by professional media personnel. Malaysia Today is a ‘weapon’ that is meant to bring about political change in Malaysia.

We learned how useful the Internet can be back in 1998 when the Reformasi Movement first exploded onto the Malaysian political scene. More than 100 Reformasi websites mushroomed overnight to give Barisan Nasional a run for its money. Of course, then, most of these websites were aligned to Anwar Ibrahim and/or PAS. There were some that were aligned to DAP as well.

In 1998, however, there were only 280,000 Internet subscribers. But that was enough to sufficiently damage Barisan Nasional in the 1999 general election that was held about a year after the debut of Reformasi. No doubt the Internet was not the major contributor to the opposition victory in November 1999. But it did contribute enough, though in a small way, as to how Barisan Alternatif performed.

Then the opposition became complacent. Their 1999 ‘victory’ lulled them and put them to sleep. Not long after that DAP pulled out from Barisan Alternatif and that aggravated the problem. In the March 2004 general election, the voters demonstrated their disgust for the opposition coalition.

I have already talked about this matter so many times in the past so there is no need to go over all the issues and statistics again. The bottom line is: the opposition practically got wiped out.

Soon after that, Anwar Ibrahim was released from incarceration. There was jubilation all around. My wife, Marina, and I stood on the steps of the Palace of Justice in Putrajaya, quite amused at the chanting and cheering going on. My phone rang but I could not hear properly because of the noise. I handed the phone to Marina, who has better hearing than me. “It’s the BBC from London,” she told me as she handed me back the phone.

“Hold on,” I shouted into the phone. “It’s so noisy here. Let me move to a quieter place.”

Marina and I quickly walked to the side of the Palace of Justice where it was quieter and I spoke to the chap from the BBC.

“We heard Anwar has just been released. Can we get your statement?”

“Sure, but why me?” I asked.

“Well, you are the Director of the Free Anwar Campaign and you run the freeanwar dot com website. I suppose you are now out of a job since Anwar has just been released. What do you plan to do now?”

“I suppose you could put it that way,” I laughed. “I must be the only Director who got retrenched from his job because he is successful.”

The BBC chap laughed and asked, “So what do you intend to do now, now that you have been retrenched?”

“I am going to now focus fulltime on the new website I just started three weeks ago.”

“Oh, what is it called?”

“Malaysia Today. It’s at malaysia dash today dot net.”

“You said you started this website three weeks ago? Does this mean you anticipated that Anwar would be released?”

“Yes, I did. In fact, that was one of the first articles I wrote on Malaysia Today. I said that Anwar would be released with a two-one verdict and that the lady judge would be the sole dissenting voice.”

“How did you know? Do you own a crystal ball?”

“It’s my business to know. That is what I do. I find out what people don’t know or try to hide and publish the story, while crossing my fingers in the hope that I am right.”

“So what do you hope to achieve with your new website?”

“Let me put it this way. It took us six years to free Anwar from jail. But only Anwar is free. Malaysians are not yet free. And Malaysians will never be free until they can be allowed freedom of expression and freedom of choice. It may take us 60 more years to free Malaysians, I don’t know. I may even never see that happen in my lifetime. But that is the mission and vision of Malaysia Today, to free Malaysians by allowing them freedom of expression. Freeing Anwar was phase one. Phase two is to free Malaysians.”

“Thank you Raja Petra. And I wish you luck in your new endeavour. Can we call you again if we need anything further?”

“Sure, no problem. Bye.”

That was my ‘interview’ with the BBC on the steps of the Palace of Justice on the morning of 2 September 2004. Malaysia Today was then only 20 days old. But Malaysia Today was created with a vision and a mission. It is not, as the government said, a hobby of bored and unemployed housewives. Malaysia Today was created to gain back the territory that we lost in the March 2004 general election when Barisan Nasional performed its best ever in the history of Malaysian elections.

“What do you think we are going to see?” Marina asked me. “This is going to involved a hell of a lot of work. And you are going to suffer all sorts of hassle from the police. Is it going to be worth it?”

“Hun (we call each other Hun, which is short for honey, not hantu),” I told Marina. “Come the next election, in 2008 or 2009, Malaysia Today is going to be the weapon we use to hit Barisan Nasional where it hurts most. We are going to engage Barisan Nasional in the cyber-world and use hit and run guerrilla tactics. They will be running around in circles trying to duck our hit and run attacks but they will not be able to do anything about it. By then the Internet will be the most powerful ‘terrorist’ weapon in the elections. And we will be there, ready to take on Barisan Nasional in 2008 or 2009.”

Yes, in 1998, when we first started using the Internet to fight Barisan Nasional, there were only 280,000 Internet subscribers against 8 million registered voters. Today, ten years on, there are almost 16 million Internet subscribers against 12 million registered voters.

Over the last ten years, the number of registered voters increased only 50%. However, in that same period, the number of Internet subscribers increased 328.9% (according to the official statistics). Today, the Internet reaches 62.8% of the Malaysian population. Malaysia has more Internet subscribers than it has voters. (See the statistics below).

Yes, that was our plan back in 2004 when we launched Malaysia Today. No, Malaysia Today is not a newspaper. And it is not in the same league as Malaysiakini and The Malaysian Insider. Malaysia Today is a guerrilla outfit. We are cyber terrorists. Our job is to hit the government whenever and wherever we can. And if hit and run is what it takes, then hit and run is what it will have to be.

We almost succeeded in meeting our aspirations in March 2008. But, in our books, that is a job only half done. We have to finish the job. We have to complete what we started back in 1998. And the completion would be when Barisan Nasional has been brought down from its high horse and made to eat humble pie. We will consider to have met our objective when the government admits that it serves the people, and not the people who serve the government.

On a slight digression, when I was in Kamunting from September to November last year, Marina sent me loads of books to read and one of those books was The Art of War by Sun Tzu. It was a most interesting book and took me only a day to finish. I must say that book gave me new insight into guerrilla warfare.

The government calls the Barisan Rakyat Bloggers cyber terrorists. Actually, I had never thought of it that way. I suppose, under the circumstances, since we have been classified as cyber terrorists, then we have no choice but to act as one. And terrorists must master the art of hit and run.

***********************************************************

Internet World Statistics

Total world: 1,581,571,589
Asia Only: 650,361,843
Malaysia: 15,868,000 (62.8 % of the population) (user growth 2000-2008: 328.9 %)

Source: Internet World Stats
(http://www.internetworldstats.com/stats.htm )

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The Art of War: Sūn Zǐ Bīng Fǎ

Chapter summary

1. Laying Plans explores the five key elements that define a successful outcome (the way, seasons, terrain, leadership, and management). By thinking, assessing and comparing these points you can calculate a victory, deviation from them will ensure failure. Remember that war is a very grave matter of state.

2. Waging War explains how to understand the economy of war and how success requires making the winning play, which in turn, requires limiting the cost of competition and conflict.

3. Attack by Stratagem defines the source of strength as unity, not size, and the five ingredients that you need to succeed in any war.

4. Tactical Dispositions explains the importance of defending existing positions until you can advance them and how you must recognise opportunities, not try to create them.

5. Energy explains the use of creativity and timing in building your momentum.

6. Weak Points & Strong explains how your opportunities come from the openings in the environment caused by the relative weakness of your enemy in a given area.

7. Manoeuvring explains the dangers of direct conflict and how to win those confrontations when they are forced upon you.

8. Variation in Tactics focuses on the need for flexibility in your responses. It explains how to respond to shifting circumstances successfully.

9. The Army on the March describes the different situations in which you find yourselves as you move into new enemy territories and how to respond to them. Much of it focuses on evaluating the intentions of others.

10. Terrain looks at the three general areas of resistance (distance, dangers, and barriers) and the six types of ground positions that arise from them. Each of these six field positions offers certain advantages and disadvantages.

11. The Nine Situations describe nine common situations (or stages) in a campaign, from scattering to deadly, and the specific focus you need to successfully navigate each of them.

12. The Attack by Fire explains the use of weapons generally and the use of the environment as a weapon specifically. It examines the five targets for attack, the five types of environmental attack, and the appropriate responses to such attack.

13. The Use of Spies focuses on the importance of developing good information sources, specifically the five types of sources and how to manage them.

Sun Tzu

zambry races against time

The Edge

It’s 11 days and counting to May 7 when the embattled Perak state legislative assembly is scheduled to convene. It’s a race against time for Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir to resolve ongoing legal battles standing in his way to assuming legitimacy of his administration within the assembly.

With the clock ticking louder than ever, Zambry last Monday applied to refer three questions to the Federal Court on Articles 16(2) and 16(6) of the Perak Constitution which relate to the dissolution of the assembly and the appointment of the menteri besar.

Zambry’s questions are whether Perak Ruler Sultan Azlan Shah had the right to withhold consent to the assembly’s dissolution as requested by then Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin when the latter ceased to command majority support in the assembly and whether Nizar and his exco members should tender their resignations upon the Sultan’s refusal to dissolve the assembly.

The third question posed sought a ruling on whether the Sultan had the right to appoint Zambry as menteri besar after due inquiry that Nizar had lost majority confidence of the House although a vote of no-confidence had yet to be taken in the assembly.

Zambry, in his application, says he should be declared the validly appointed Perak menteri besar if the Federal Court answers the three questions in the affirmative.

The Federal Court is scheduled to hear Zambry’s application as well as Nizar’s objection on Tuesday.

If the Federal Court decides to hear Zambry’s questions, it would only have up to five working days — after factoring in the May 1 public holiday and the weekend — to provide an answer before Nizar and Zambry meet again at the Perak state assembly. But if it declines, the matter would have to be decided before the Kuala Lumpur High Court.

Nizar’s counsel Hanipa Maidin, when contacted, said one of the key objections to Zambry’s application was that the questions referred to the apex court did not reflect the actual suit at hand.

“The way they (Zambry’s side) framed the questions appear to challenge the (prerogative) powers of the Sultan,” Hanipa said, maintaining that Nizar had no intention of challenging the Sultan. Yet others would argue this was a matter that could not possibly be excluded from the process.

Hanipa, a PAS lawyer, also said the High Court should be allowed to continue hearing the matter and by due process, its decision could subsequently be brought to the appellate courts — the Court of Appeal and Federal Court.

Constitutional lawyer Tommy Thomas, at a Bar Council forum on Saturday, questioned the speed at which the Perak-related suits were “leap-frogged” to the Federal Court.

Thomas, who had acted for Sivakumar, said there was a theory that the hurry to dispose of the cases was due to Article 36 of the Perak Constitution which states that the ruler must summon the assembly’s sitting every six months.

May 13 had been touted as the deadline for the Perak assembly to convene, failing which it would stand dissolved as the assembly’s last sitting was in November last year.

“There is no such doctrine (of automatic dissolution). It must be an overt act of the sovereign signing the proclamation of dissolution. This was a great myth,” Thomas said.

Zambry’s counsel could not be contacted for their comments.

The Kuala Lumpur High Court has fixed May 5 and 6 to hear substantive matters in the suit brought by Nizar on Feb 13 challenging the validity of Zambry as menteri besar.

Nizar’s lead counsel Sulaiman Abdullah has written to Chief Justice Tan Sri Zaki Azmi requesting for a rare nine-member quorum at the Federal Court to hear the matter.

Given that the issues involve complex constitutional interpretations and are of great public importance, the Federal Court may hear the matter as expeditiously as it had in the previous two related cases.

On April 9, the Federal Court ruled that the three representatives who had resigned from their respective parties — Jamaluddin Mohd Radzi (Behrang), Mohd Osman Jailu (Changkat Jering) and Hee Yit Foong (Jelapang) — were still assemblymen as the speaker was not the rightful entity to determine a seat’s vacancy.

The same five-member bench, led by Court of Appeal President Tan Sri Alauddin Mohd Sherrif, on April 16 lifted Perak Speaker V Sivakumar’s suspension of Zambry and the six executive councillors (exco) after it declared Sivakumar had acted beyond his powers as speaker in ordering the suspensions.

Both Pakatan Rakyat (PR) and Barisan Nasional (BN) are expected to exhaust its legal options before turning to Plans B, C and D outside the courtroom.

In the event that the Federal Court ruled in favour of Zambry, he would have the weight of the authoritative judgment behind him as he walks into the state assembly to claim his seat as Perak’s chief executive.

But if Sivakumar and the 27 PR representatives remain adamant that the reach of the judiciary cannot extend into the legislature, questions abound as to what weight the Federal Court’s decision would carry in the upcoming sitting and what moves PR would subsequently make.

On the other hand, a Federal Court decision against Zambry would lend the legitimacy Nizar has been seeking since his removal from office.

In any case, it remains to be seen if any decision by the courts would put an end to Perak’s political impasse that was sparked off at the end of January by the controversial and highly consequential defections of the three MPs.