Najib’s roll of the dice – RM60 billion economic stimulus package (5)

The Projects

Now on  some specific programs outlined by Najib. Training and job placement programs of the type described by him are woefully inadequate. Those retrenched and displaced are in need of immediate assistance.

Malaysia lacks a safety net program of unemployment benefits as is the case in most industrial economies. Thus workers lack a cushion. The nation’s labor laws are skewed towards safeguarding employers as evidenced by the meager protections afforded to laid off workers.

It is also significant that both legal and illegal workers continue to flow into Malaysia – largely to permit employers to gain from cheap labor.

It is pertinent to question the Government as to why some of the resources being expended are not being set aside to launch a scheme that would provide income support to those laid off, or those who have seen a precipitous fall in income because of a fall in commodity prices. Equally, it can be asked why no program is being developed to aid those who are laid off with assistance in meeting their housing loan commitments.

These measures proposed under the various training schemes are palliatives and lack an imaginative attempt to address the key issue of assuring an income to those who fall victim to what has been termed the Great Recession. Displaced workers or those new entrants into the job market need to be assisted directly.

Training is and cannot be the first recourse. While such an effort may be appropriate in a time of cyclical upheaval, in a recession of the type now confronting Malaysia a vastly different approach is needed – one channeling resources to sustain incomes and support consumption.

The DPM proposes to recruit some 63,000 workers into the government services. Is this the best use of resources? It is generally acknowledged that the public sector is bloated and much larger than in other countries at a similar stage of development. It is also a fact that it is grossly inefficient.

In the face of these circumstances, it is legitimate to pose the question why it is necessary to further expand the sector. It would be far more cost-effective to use these resources to channel funds into a new fund to provide income support to those directly affected by the downturn. The further option of out-sourcing particular services to the private sector should be explored as it would provide opportunities to the private sector.

Najib has proposed a new scheme for post graduate education. The proposal is laudable in that it seeks to enhance the knowledge base of the economy. However, it is far from clear if the gradates will be channeled towards pursuit of studies that will go towards improving the nation’s competitive position. Given the dismal state of the public universities, the outputs from this program are unlikely to significantly contribute to national needs for particular nationally needed skills.

It would be more appropriate to use some part of the resources in strengthening the public universities by turning them away from being sausage factories that churn out unemployable graduates. Strengthening the universities will demand the hire of foreign lecturers, a freeing of the universities from bureaucratic and political control, the application of principles that place emphasis on meritocracy.

On the issue of poverty alleviation, the need to revise the poverty line is paramount. The current poverty lines are a flawed measure and grossly underestimate poverty. A new measure that accurately measures poverty in conformity with UN and World Bank methodologies is demanded. No program based on erroneous yardsticks can benefit those who are vulnerable and disadvantaged.

In his speech the DMP makes reference to various subsidies that will be given. He mentioned that a sum of RM 27.9 billion will be disbursed. No details are given to how much of this will accrue to households and how much to corporations.

Najib also made the statement: “The Government will also provide RM480 million to ensure that toll rates are not increased”!   This is corporate “welfare” going to the well-heeled and cronies of the BN over one-sided contracts! It does not reach the hard-pressed road-users and therefore it is inappropriate for the DPM to claim that this is a support for consumers.

The litany of programs and projects listed in the speech is long.  Many of the projects outlined are standard projects featured in almost every budget year in and year out. While there is no denying the need for allocating resources for improving the delivery of public services, the issue is one of priorities. At the current point in time it is more important and urgent to direct efforts to safeguard incomes, directly assist those who have suffered job loss, or suffered a sharp decline in disposable income

The DPM makes a rather remarkable pronouncement that the Government proposes to launch Savings Bonds with the objective of generating additional income. This is truly amazing.  In any event, the promotion of savings at this juncture of the economic crisis is most odd; the current concern should be to sustain private consumption. Or is the real goal to get the little guy to lend to the Government? Surely there are enough vehicles to promote and capture savings without yet another new device.

Great play is made of the allocations ear-marked for Sabah and Sarawak. There does not appear to be any direct link to the impact of the recession. These programs for the most part were in the 9th Five Year Plan. Outlays on these projects will for the most part have trickle-down effects and are not likely to be felt in the immediate future given the lengthy gestation period involved in completing infrastructure projects of the type listed.

It is also significant that no reference is made about allocations to other states leading one to conclude that the highlighting of allocations to the two East Malaysian states is a purely political gesture.

The DPM proposes to ensure the welfare of entrenched workers by way of tax exemptions on retrenchment benefits. These exemptions are paltry. What is wholly remarkable is that no direct assistance in the form of income support is contemplated under the Stimulus Package for those retrenched or facing a drop in disposal incomes.

It is pertinent to ask why out of a package of RM60 billion a modest sum cannot be set aside. It would be most appropriate to create a Retrenchment Fund to be used to provide those retrenched or facing a sharp decline in income because of a reduction in overtime. Such a program would be just and equitable and in a macro-economic sense be supportive of consumer demand. It is also likely to have an immediate impact on consumption and sustaining the overall level of economic activity.

The DPM proposes to pass a good part of the effort to help retrenched home owners on to the shoulders of the banks. It is pertinent to note that no provision is being made to help those who remain employed but suffer a significant drop in incomes. The DPM should  expand the scope of the scheme to also include those who have seen a reduction in income from self employment, loss of over-time earnings etc.

A general observation is in order. The package is disproportionately skewed: it is skewed towards investment rather than to consumption; major beneficiaries are corporate entities; there is little indication that resources are being channeled towards those who are truly marginalized and disadvantaged.

It is remarkable for instance that nothing is being provided for the Indian community or for the poor in the states of Sabah and Sarawak.  The message being conveyed is that business as usual is the order of the day.

The third thrust outlined by the DPM deals with the private sector. He asserts that The Government will implement measures to enhance foreign and domestic investor confidence in the Malaysian economy. However, the measures outlined exclude any reference to needed policy reforms. This is totally cynical.

True reforms encompassing anti-corruption, greater accountability and transparency would go a long way as would deregulation, together with a modification of the NEP. Equally, a better and more enlightened policy of interactions between the Federal and PR governed states would be appropriate signals that would promote stability and confidence.

A sincere effort on the part of BN to reduce the degree of race polarization would go a long way in correcting the slide towards disharmony. Najib  should  walk the talk and commit himself to a package of reforms e.g. reining in the police, a commitment not to use draconian laws that constitute barriers to trust and the expression of opposing views in a peaceful way. Reforms in this regard would send strong signals that he is cognizant of the importance of creating confidence.

Najib laments the fact that SMEs are often unable to access capital markets. The issue is why this should be so. It is probably because of the rigidities in place. Some part of this is linked to the exercise and abuse of powers by Little Napoleons’ with their convoluted interpretations of the NEP.

There is no assurance that the mere establishment of the new facilities will lead to greater access to funds by those in need. Najib needs to immediately revamp the implementation of the NEP. A strong signal is needed; one such measure would be a repeal of the Foreign Investment Committee accompanied by a relaxation of the listing rules of the stock exchange

Although the DPM proposes to revise processes involving the Securities Commission, it is remarkable that he ignores the fact that in the corporate sector the GLCs are major actors. Najib has made no reference to how best they should behave during a period of stress. They are indirectly owned by the rakyat and should be held accountable and be more transparent. His silence in this regard appears to indicate that “business as usual” will continue to be the order of the day.

The relaxation of conditions to attract highly skilled and high net-worth individuals can be welcomed. However there is need for a coherent plan e.g. what type of professionals do we need to attract; which industries will be prioritized; and how will this scheme be implemented? Past schemes have been dismal failures- the issue remains how the lessons from the past will be applied.

As regards the proposed exemption of the Human Resource Development Fund , it appears to be a  belated effort to hand a sop to companies many of which are either scaling back their footprint in Malaysia or are even considering relocating to other countries in the region.

Measures to support the automotive sector outlined by the DPM are likely to be problematic, This is in essence a new subsidy to Proton and may well run counter to WTO and AFTA rules. In one sense this is protectionism and is likely to invite retaliation from other trading partners. Malaysia as a trading nation can ill afford retaliatory measures particularly at this stage of the economic cycle. The Government must therefore exercise caution before embarking on a course that may have severe consequences.

Najib has yet again failed to grasp an opportunity to move Malaysia up the chain in the automotive field. He should promote research into the use of alternative energy sources in a new generation of vehicles e.g. electric-powered cars. In this manner Malaysia would be leaping to the forefront of innovation and making a contribution to the effort to reduce carbon emissions.

Reference is made to the need to look ahead and create new growth areas. There are multiple growth corridors that have as yet to show significant progress. It has been cynically remarked that these corridors lead nowhere and are largely schemes for land speculation to favor the chosen few. It would be highly appropriate to develop comprehensive plans that emphasize the need to avoid duplicative efforts and unproductive competition between the various corridors. There does not appear to be any element of new thinking or innovation. Najib is merely mouthing clichés.

The DPM dealt with the role Khazanah  is expected to play. First and foremost an appropriate question is: Why is it necessary for Khazanah  to undertake direct investments of this nature? Why is not feasible to allow the private sector or for that matter GLCs that have competence to take the lead in the enumerated sectors?

Khazanah  appears to be an entity in search of a mission. Clearly, the first and foremost task it must address is the preparation of a well-conceived corporate plan. This is imperative if the country is to avoid yet another bailout of a public institution in the manner of Bank Bumiputra, Perwaja etc Khazanah  was established as a sovereign fund and not as just another investment entity. There appears to be an element of “mission” creep with public funds being used in largely unaccountable ways. Or is Khazanah being entrusted with a role to bail out troubled enterprises?

The DPM has outlined measures to streamline the FIC regime. He offers some hope that the FIC regime will be relaxed. However, the proposed measures do not go far enough. The FIC has been a prop for the NEP and will continue to play that role. It is time that there is a re-think and the FIC is turned largely into an advisory and policy making body without regulatory powers.

The intention to streamline procurement processes is to be welcomed but there is an urgent need to introduce full transparency. In the statement there appear to be some exceptions which in time will become real  loopholes so that there can be business as usual!

A rather disturbing remark made by the DPM concerns giving preference to local products and services. It is far from clear how these notions will be consistent with Malaysia’s WTO and AFTA obligations and commitments. It would be most remarkable if actions along these lines do not invite retaliation. The last thing Malaysia needs is a trade war in the midst of a major economic crisis.

Conclusion

Najib is grossly mistaken in claiming that the strategies and measures outlined by him are comprehensive. The truth of the matter is that the Stimulus Package he has outlined is neither a strategic policy statement nor a comprehensive and coherent action plan to enable the country to face the challenges posed by the Great Recession.

He is patently wrong in claiming that these proposed spending plans will enable the country from slipping into a recession. The reality is that the country is already in recession despite denials to the contrary. Furthermore it is becoming clear that a rapid turnaround is not likely. Recovery in the major countries, which are key markets for Malaysia’s exported oriented economy, is unlikely during 2009. Most analysts are projecting a slow recovery in the latter half of 2010. The markets have already indicated where matters stand.

It is regrettable that Najib and his acolytes refuse to acknowledge the realty of the circumstances facing the nation. To them solutions lie in spending their way out of the pit in which they have fallen. On the other hand, the Stimulus package delivered is seen as just another bonanza or opportunity to shovel public funds into the bank accounts of cronies, warlords and rent seekers.

The Minister fails to understand the nature of this crisis. There is a stark failure to appreciate that the Great Recession is a very different beast and that taming it will demand boldness, thinking outside the box and adopting radical new policies. Sadly, Najib’s statement lacked any indication that the Government recognizes in full the magnitude of the challenges Malaysia faces.  He failed to articulate any understanding of the need for radical reforms and immediate actions to stem the bleeding.

There is nothing bold or innovative. The plans laid out are neither strategic nor focused. The package delivered is nothing but a “cut and paste” listing of unconnected spending proposals with no indication of how spending RM60 billion on top of the RM20 billion additional allocation  in the budget for the current year supplemented further by the First Stimulus package of RM7 billion will contribute to a recovery. If the RM 7 billion for Value Cap is added, the amount expended will be a staggering RM 94 billion.

The sheer size of the amount contemplated is mind boggling. It is legitimate to ask: Has the economy the necessary capacity to implement a program of this size? What guarantees are there that the nation will be able to avoid the worst of the Great Recession? It is incumbent on Najib as the Finance Minister and the Prime Minister-to-be to be upfront and forthright if he is to retain any credibility.

                This entry was posted on Thursday, 12 March 2009, 5:40 pm and is filed under
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Najib’s roll of the dice – RM60 billion economic stimulus package

What is now being labeled the Great Recession began in mid 2007 as the sub-prime fiasco in the United States began to unfold. The economic slowdown gained momentum in 2008. As the gathering, storm clouds gathered over the horizon, Governments began to react and take counter recessionary measures.

The Barisan Government for its part remained in a state of denial. Ministers dismissed with some arrogance the notion that the Malaysian economy would succumb to the global slowdown. They argued rather smugly that Malaysia enjoyed a certain immunity as it had decoupled from the global economy. Despite the key economic indicators pointing to a weakening in terms of industrial output, declines in FDI flows, lower exports and indications of capital flight, they continued to forecast robust growth.

The markets for their part made their own assessments and lowered the ratings. The Budget for 2009 presented in August was based on unrealistic and rosy assumptions of growth and buoyant commodity prices, especially of petroleum, and the Government announced a humongous increase in spending both on the recurrent and development budgets. An increase of RM 20 billion was unprecedented.

In the months that followed, as it begun to become crystal clear that the global crisis was likely to be severe, the Finance Minister, the Second Finance Minister and the Governor of Bank Negara indulged in soothing sound bites about the state of the economy even as the indicators pointed to a slowdown; they persisted in sticking to untenable estimates of growth, made light of the weaknesses and refused to use the instruments at their disposal to make policy corrections.

Thus when almost every country was lowering interest rates, Malaysian policymakers remained in a state of paralysis.  In late 2008, as it began to become abundantly clear that the economy was indeed weakening, panic measures were taken.

Interest rates were lowered marginally; a Stimulus package of RM7 billion was hurriedly put together; RM5 billion was channeled to up the stock market; there were additional off budget measures taken. At a minimum some RM 32 billion were injected.

Despite this massive infusion of resources the economy continued to spiral downwards. It is patently clear that the remedies adopted, namely propping up “friendly “corporations, massive spending on less than urgently needed infrastructure projects, and handouts to party warlords were not the right mix of measures to stem the hemorrhaging.

The ad hoc packaging of projects with long gestation periods was clearly inappropriate to address the immediate effects of the economic slowdown with consequences for employment and income levels. It is also starkly clear that without policy reforms there would be a failure in coping with the recessionary effects. These lessons were not learnt and sadly have not been applied in crafting the Second Stimulus Package.

The truth of the matter is that Datuk Seri Najib Razak  as the Finance Minister was either asleep at the wheel or had his eye on dubious schemes and narrow politicking in the context of UMNO politics. The Second Finance Minister cut a sorry figure as he went about repeating like a broken record that the Malaysian economy would continue to grow; the Minister responsible for the EPU was neither heard nor seen; the Governor of Bank Negara was hamstrung and failed to move by adjusting interest rates or by allowing a true float of the ringgit.

This is a sorry indictment about the competence of the BN government in piloting the economy through stormy and uncharted waters.  Najib is scheduled to assume the helm in approximately two weeks. His performance as the Minister of Finance leaves open the question as to how he will steer the ship of state. The omens are not encouraging.

(to be continued)

                This entry was posted on Thursday, 12 March 2009, 11:59 am and is filed under
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Democracy Tree plaque vandalised

After five days, the Democracy Tree plaque in Ipoh has been vandalised.

The vandals came in the small hours of the night and smashed into smithereens the top portion of the democracy plaque, leaving behind a “democracy relic”. (pic)

How contemptible.

Everybody knows who are the dastardly masterminds of the latest sacrilege against democracy in Perak and Malaysia.

Photo after vandalism
 –
“Democracy Relic”

Photo before the vandalism
 –
“Democracy plaque”

                This entry was posted on Friday, 13 March 2009, 10:41 am and is filed under
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Gobind to be suspended as MP without pay for one year from Monday

The UMNO/Barisan Nasional government is moving against the DAP MP for Puchong Gobind Singh Deo and will abuse their parliamentary majority, against all parliamentary convention, tradition and practices, to summarily suspend Gobind as Member of Parliament without pay for one year with instant effect from Monday.

The following is the motion which has been placed on Monday’s Order Paper as the first item of business after question-time:

ATURAN URUSAN MESYUARAT DAN USUL-USUL

1. Menteri di Jabatan Perdana Menteri akan mencadangkan:

BAHAWA  pada 12 Mac 2009, Yang Berhormat Tuan Gobind Singh Deo, Ahli Parlimen kawasan Puchong semasa perbahasan peringkat Jawatankuasa Rang Undang-undang Perbekalan Tambahan (2009) 2009 telah mengeluarkan kenyataan-kenyataan yang mendakwa YAB. Timbalan Perdana Menteri, Ahli Parlimen Kawasan Pekan terlibat dalam kes pembunuhan.

BAHAWA Yang Berhormat Ahli Parlimen Kawasan Puchong juga telah mengeluarkan kenyataan-kenyataan yang menghina Timbalan Yang di-Pertua Dewan Rakyat setelah diperintah keluar Dewan.

DAN BAHAWA kenyataan-kenyataan yang dibuat oleh Yang Berhormat Ahli Parlimen Kawasan Puchong adalah merupakan satu dakwaan yang sangat serius dan menyalahi hak dan keistimewaan sebagai Ahli Parlimen serta merupakan satu penghinaan kepada Dewan ini.

MAKA INILAH DIPERSETUJUI BAHAWA Yang Berhormat Ahli Parlimen Kawasan Puchong hendaklah digantung tugas dari jawatannya sebagai Ahli Parlimen selama dua belas (12) bulan dari tarikh keputusan usul ini diluluskan. Dalam masa penggantungan ini Yang Berhormat Ahli Parlimen Kawasan Puchong tidak akan dibayar kesemua bayaran elaun dan kemudahan sebagai seorang Ahli Parlimen.

The right and proper thing will be to refer Gobind to the Committee of Privileges instead of using the UMNO/BN brute majority to summarily punish Gobind by suspending him as an MP without pay and privileges.

DAP MP for Batu Gajah, Fong Po Kuan, was victim of such parliamentary injustice in December 2001 when she was summarily suspended as an MP for six months without pay for speaking up on the CLP exam scandal.

It is most shocking that Parliament refused to invoke its powers to deal summarily with violations of parliamentary privileges like the obstruction and menacing by UMNO Youth goons of DAP MP for Bukit Gelugor Karpal Singh from carrying out his parliamentary duties in the parliamentary precincts last month (Feb. 26), when this is very clearly provided for under the Act 347 – Houses of Parliament (Privileges and Powers) Act 1952, especially when such an offence is punishable with a seven-year jail sentence under Section 124 of the Penal Code.

However, in Gobind’s case, Parliament is being asked to invoke its summary powers of punishment when such a case occurring during the proceeding of Parliament  should be referred first to the Committee of Privileges.

With parliamentary majority temporarily in the hands of UMNO/BN, the motion to suspend Gobind for one year without pay and privileges is likely to be passed – but it will enter into Malaysian parliamentary annals as another black-lettered day!

                This entry was posted on Friday, 13 March 2009, 6:27 pm and is filed under
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Najib – like Nero who played the fiddle while Rome burned

At the beginning of Datuk Seri Najib Razak’s winding up of the RM60 billion mini budget (second economic stimulus package) in Parliament yesterday, I asked why his response to the economic crisis was so slow and so late, when it was evident to all economists and analysts last year that his RM7 billion “first economic stimulus package” was totally inadequate to the economic challenges facing the country.

As far back as January 21, Najib was so deep in denial that he could maintain that Malaysia could still achieve 3.5% GDP growth this year when there were already forecasts of negative growth.

It took Najib another seven weeks in his mini-budget of March 10 to revise  Malaysia’s estimated GDP growth this year to between -1% to 1%, when there were even more dire forecasts of negative growth of between three to five per cent.

As Finance Minister of a country facing the world’s worst economic crisis in 80 years, Najib should have focused single-mindedly on the country’s economy.

Instead, he neglected his responsibilities as the Finance Minister at the country’s most critical stage  to play politics, orchestrating  the unethical, illegal and unconstitutional power grab in Perak, which has plunged Perak and the country into a new crisis of confidence in governance and democracy.

I told Najib in Parliament that what he did was like Nero who played the fiddle while Rome burned.

By that time, the House was in total pandemonium, with  the shouting and heckling of UMNO MPs which started when I stood up for intervention, rising to a crescendo to drown out what I said.

Najib’s reply in the mini-budget yesterday was a great disappointment.  He was clearly uncomfortable winding up the debate, refusing to allow MPs to engage him in a debate after perfunctory responses to a few interjections, even ending his speech without finishing the prepared text he had before him.

                This entry was posted on Friday, 13 March 2009, 12:40 pm and is filed under
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Baggage too heavy for our new PM

By Tunku Aziz

Opinion | The Malaysian Insider | 13 March 2009

No one in living memory has ever had to drag so much unnecessary baggage along with him as Datuk Seri Najib Abdul Razak is doing on assuming the highest political office in Malaysia.

My heart naturally goes out to the unfortunate man who has had to fend off, without a break, a relentless barrage of poison-tipped arrows all aimed at his personal and public integrity.

I will not claim to know how he must feel because I would have absolutely no idea unless I were in his well-heeled shoes. And this would be most unlikely even in a million years.

Under different and happier circumstances, he should be celebrating his moment of destiny, the attainment, albeit Umno-style, of the greatest political prize of all.

However, I doubt, in spite of his calm and controlled demeanour and composure that he is looking forward to the great day with even the same degree of enthusiasm that I manage to work up each morning for my breakfast.

Frankly I marvel at his ability to remain almost as unflappable (as the legendary Harold Macmillan, the British Tory prime minister of the “winds of change” fame) in such a difficult and dangerous situation. He would, in my book, rate an A+ for sang froid and panache.

For Najib, the saying “uneasy lies the head that wears the crown” seems entirely superfluous and irrelevant. Lucky you to be oblivious to the hostile world around.

Najib in the eyes of his detractors, and their numbers are legion, apparently has no redeeming feature at all which cannot be true because no human being is all bad.

However, the rumours about him that appear with such regular monotony on many blogs are unlikely to go away any time soon. The allegations are serious in the extreme, touching as they do upon his personal honour and integrity.

They will continue to dog and haunt him for as long as he holds public office. What a way to begin his stewardship of a troubled nation, a nation that seems to lack moral direction under the present government.

On present showing, his moral and ethical legitimacy to lead the nation is in serious doubt, and he must, for the sake of putting these malicious allegations to rest, once and for all, begin the process of suing those who have blackened his name and threatened his elevation to the office of prime minister of Malaysia.

This is the only way of clearing his name before the world. Nothing less than a full and open recourse to the justice system will suffice. The people of this country must not be shortchanged by having someone who has yet to clear his name in a court of law foisted on them.

They deserve better and Najib the new prime minister will then deservedly enjoy inestimable legitimacy and prestige in the eyes of the people of this country and the wider world.

Najib has all the positive qualities of leadership.  He is literally and figuratively head and shoulders above the rest of the Umno stalwarts and it would be a pity if he chose to ignore the increasingly persistently strident collective voice for high moral and ethical standards in our political leaders.

It seems only fair that if Najib should feel unable for any reason to defend his honour and integrity in a court of law, then he will have to put up with more imputations of improper motives.

If he is not prepared, again for any reason, to put all of his actions under the closest public scrutiny, then he should reconsider his position. This is the ethical way forward, the only way, for anyone aspiring to the highest public office who harbours even the slightest doubt about his moral and ethical fitness for office. Yes, the standards expected are high, and the rewards are even higher. If you believe that you meet these expectations, then I wish you a long and successful stewardship of this nation, always I hope in the public interest.

                This entry was posted on Saturday, 14 March 2009, 11:06 am and is filed under
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Double jeopardy – Motion to suspend Gobind for one year without pay against parliamentary Standing Orders

The motion to be moved by the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz to suspend DAP MP for Puchong Gobind Singh Deo for a year without parliamentary pay and privileges is against the parliamentary Standing Orders.

Gobind had already been punished  by the Deputy Speaker, Datuk Ronald Kiandee with a one-day suspension for what transpired in the House on Thursday, and it goes against all the rudiments of common sense, fair play and justice to invoke the Umno/Barisan Nasional parliamentary majority to subject Gobind to double jeopardy with a very harsh second punishment over the same parliamentary incident.

The Deputy Speaker had taken action against Gobind under Section 44 of the Parliamentary Standing Orders which, among others, provide:

Parliament Standing Order

44. (1) The Chair, after having called the attention order in the of the House, or of the Committee, to the conduct of a member who persists in irrelevance, or in tedious repetition either of his own arguments or of the arguments used by other members in debate, may direct him to discontinue his speech.

 (2) The Chair shall order any member whose conduct is disorderly or whose acts are in contempt of the House or who continues to disregard the authority of the Chair to withdraw from the House for a period not exceeding ten days and such member shall immediately withdraw from the House. If the meeting adjourns before the end of such period, the remainder of the period shall be brought to the next meeting, unless Parliament is earlier dissolved, if the Chair does not determine the period for the member to withdraw, such period shall be deemed to be two days inclusive of the day of the incident.

(3) If the Chair deems that the power under paragraphs (1) and (2) is inadequate, he may commence the procedure to suspend the member from the service of the House by naming the member as follows:

“I hereby name the Honorable Mr . . . ”

A Minister shall thereafter rise and propose, and another Minister second, a motion as follows:

“That the House hereby resolves that Mr . . . be suspended from the service of the House until  (date ).”

 The Chair shall put the motion to be decided by the House without any amendment, adjournment or debate.

(4) An action may be taken under this Order notwithstanding that the disorderly conduct, the act of contempt or the continued disregard of the authority of the Chair has taken place in a Committee of the House.

(5) If a member has been suspended from the service of the House, he shall be ordered to withdraw from the meeting and disallowed to participate in the meeting until the expiration of the suspension period. If the meeting which is in progress ends before the expiration of the suspension period, the remainder of the suspension period shall be brought to the next meeting, unless Parliament is earlier prorogued or dissolved.

The motion is also  against all parliamentary tradition, convention and practices as matters of privilege arising from what happened in Parliament should be referred to the Committee of Privileges instead by way of summary motion not based on who is right or wrong, but who has got the parliamentary majority to impose its will on the House!

The right and proper occasion to invoke the summary powers of Parliament, the Umno/BN-controlled Parliament is not prepared to do so. But UMNO/BN MPs have no hesitation to invoke the summary powers of Parliament when it is clearly wrong and a gross abuse of power for the sake of their own political agenda.

I reiterate what I blogged yesterday:

“It is most shocking that Parliament refused to invoke its powers to deal summarily with violations of parliamentary privileges like the obstruction and menacing by UMNO Youth goons of DAP MP for Bukit Gelugor Karpal Singh from carrying out his parliamentary duties in the parliamentary precincts last month (Feb. 26), when this is very clearly provided for under the Act 347 – Houses of Parliament (Privileges and Powers) Act 1952, especially when such an offence is punishable with a seven-year jail sentence under Section 124 of the Penal Code.”

Is Parliament a court of justice or a House of Iniquity?

                This entry was posted on Saturday, 14 March 2009, 12:42 pm and is filed under
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Dr M says Perak grab unlawful

Malaysian Insider

March 14, 2009

By Shannon Teoh

KUALA LUMPUR, March 14 — More than a month after Barisan Nasional ousted Pakatan Rakyat from Perak, former Prime Minister Tun Dr Mahathir Mohamad today said the takeover was not done according to the law.

He said mistakes, bad strategy and carelessness in the Feb 5 power grab, orchestrated by Deputy Prime Minister Datuk Seri Najib Razak, had led to the current crisis in the state.

“You cannot topple a menteri besar or a prime minister without a no-confidence vote in the assembly. There is no other provision,” he said at a function organised by Mubarak, the association for former elected representatives.

“Umno-BN was too careless and did not wait for an assembly but instead asked the Ruler to sack the menteri besar,” he said, referring to Sultan Azlan Shah’s decision to ask Datuk Seri Nizar Jamaluddin to resign.

“As far as I know, there is no such provision in the Perak or Federal Constitution,” he said.

Dr Mahathir said that BN should have done it properly and not “be in conflict with the law” as the courts may now rule that the Sultan has no right to sack a menteri besar.

He added that a Sultan could only reject a candidate for one of his choice after an election but even this candidate could be defeated in the assembly by a vote.

The veteran politician said BN should have “followed the laws of the country, especially the constitution.”

“Because this may be in conflict with the law, we find that people will not comply.

Because we started on the wrong foot, people are now against us,” said Dr Mahathir, who quit Umno last year in a long-running feud with his successor Datuk Seri Abdullah Ahmad Badawi.

The Perak power grab is now mired in a series of lawsuits, with both sides claiming to be the legitimate government.

Six people have also been charged with insulting the Perak Ruler after he backed BN to govern the state. One has pleaded guilty and was fined RM10,000 yesterday while five others claimed trial.

Umno has said those who opposed the Sultan’s decision are committing treason.

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

Dr M:
A corrupt cabinet will lead to Najib’s downfall

Malaysiakini

Mar 14, 2009

Andrew Ong

The country’s fourth Prime Minister Dr Mahathir Mohamad has openly called for the public to vote against Barisan Nasional should incoming premier Najib Abdul Razak fail to act on corruption.

Mahathir said this during the Q&A session after his lecture on “Democracy and the Future Leadership of Malaysia” at the Tun Hussein Onn Memorial in Kuala Lumpur today, adding that it is widely known who the corrupt leaders are.

“Najib will choose his cabinet members and if he chooses this type of people, then he is signing his death warrant. We will make sure he loses,” he said at the lecture organised by the Former People’s Representatives Council (Mubarak).

Mahathir had waged a campaign against his successor Abdullah Ahmad Badawi’s administration for several years and has been increasingly critical of Najib of late.

Najib will officially be declared Umno president on March 26 during the Umno general assembly, but it is unclear when he officially takes reign as prime minister.

Najib is expected to take over from Abdullah as part of a succession plan, but Mahathir is still not convinced that everything would go as planned.

Will Pak Lah stay on?

Mahathir said that it is purely a party convention that the Umno president is appointed prime minister, but this is not required in law.

From his own experience, Mahathir said , third Prime Minister Hussein Onn did not relinquish his post until two weeks after the former was appointed party president in 1981.

“The chances of this happening (now) is possible. He may say: I still got a lot of work to do (crowd roars with laughter) and I will continue as prime minister.

“If this happens, then we are in for a big problem. We can try to eliminate him with a vote of no-confidence. But if half of the BN MPs support him and the opposition fully backs him, he will win and continue as prime minister for the opposition.

“Moreover, lately he met Anwar. Not just met, but it was a ‘coincidence’ and they had a four-eye meeting. We don’t know what they discussed. Lets just wait for March 26,” he said.

To a question on whether Najib is capable of stabilising the country, Mahathir said that it would depend on how vigilant the public and Umno members are in scrutinising the former’s actions.

Dr M on unity government

Mahathir added that Najib was a “good administrator, but politically weak”.

“He didn’t come up from the bottom (grassroots). Suddenly, he came back from Europe (after his studies) and was chosen to replace his father. We are sentimental towards his father, so we support him.

“But he does not know the ins and outs of grassroots politics. He only knows politics from above,” said Mahathir.

                This entry was posted on Saturday, 14 March 2009, 6:19 pm and is filed under
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Further vandalism of  Democracy Plaque – Spirit of  Democracy Relic inspires fear

The Democracy Tree plaque in Ipoh can be vandalized and desecrated but the spirit for democracy will grow stronger and more determined.

This was what happened when the Democracy Tree plaque was vandalized in the small hours of yesterday morning, with the vandals smashing into smithereens the top portion of the democracy plaque, turning it into a Democracy Relic.

But the Democracy Relic also inspires fear among the enemies of democracy and freedom in Perak and Malaysia.

In the small hours of this morning, like thieves in the night, the vandals went to work again, pouring black paint to erase the wordings of the Democracy Relic  immortalizing the historic “Tree Perak State Assembly” on March 3, 2009, which has entered the folklore of the human struggle for democracy, attracting national and international interest and attention.

The enemies of democracy are in mortal fear  of the Democracy Tree, Democracy Plaque and the  Democratic Relic.

They should be more afraid of the Democratic Spirit and learn the lessons of history that no force on earth can suppress the quest for freedom and justice when the time has come for human beings to stand up for their fundamental birthrights to freedom and dignity.

Shame to the masterminds who sent out the vandals to desecrate the Democracy Plaque and Democracy Relic.  Freedom and truth will prevail in the end.

                This entry was posted on Saturday, 14 March 2009, 10:47 am and is filed under
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3-day nefarious Operation Democracy Tree plaque vandalism–desecration completed

Vandalism and desecration of the Democracy Tree plaque has been completed in a three-day  nefarious operation.

There is now not a trace of the Democracy plague or relic at the historic Democracy Raintree in Ipoh.

Ipoh City Council workers in a  lorry and tractor were sighted at the site this morning at about 7.30 am this morning to “cleanse” the site, removing every bit and piece of the  Democracy Monument.

Even the signposts for the five Democracy saplings were not spared.

This is the work of people who are mortally afraid of a Democracy monument and Democracy Tree – not realizing that they should be more afraid of the Democracy spirit in the hearts and minds of Perakians and Malaysians

The nefarious three-day operation to complete the vandalism and desecration of the Democracy plaque has only highlighted the fundamental legitimacy problem of the usurper Perak Mentri Besar Datuk Zambry Abdul Kadir as well as the legitimacy of the impending  sixth Prime Minister of Malaysia, Datuk Seri Najib Razak in orchestrating the divisive, undemocratic, unethical, illegal and unconstitutional power grab in Perak and neglecting his responsibilities as the Finance Minister to single-mindedly rally and unite Malaysians to tide Malaysia through the world’s worst global economic crisis in a century.

Perakians and Malaysians must tell Najib and Zambry – You can vandalise and desecrate the Democracy plaque, but you cannot quash and destroy the democracy spirit burning ever stronger in the hearts of Malaysians.

Even the former Prime Minister, Tun Dr. Mahathir Mohamad has
acknowledged
 that the power grab in Perak, orchestrated by Najib, was illegitimate, undemocratic, illegal and unconstitutional.

If Najib wants to be a Prime Minister for all Malaysians, and not just for Zambry, Umno, MCA, Gerakan, MIC, and the rest of the BN component parties, then dissolve the Perak State Assembly and return the mandate to the Perakains to choose the government they want!

                This entry was posted on Sunday, 15 March 2009, 9:33 am and is filed under
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Consistency Of Purpose, Duty And Responsibility

by
Tunku Abdul Aziz

mysinchew.com

Whenever I think of my friend Karpal Singh, I am reminded of my great headmaster, the late Dr. Frank J. Rawcliffe who taught us the importance of being consistent, even if meant sometimes upsetting some people.

You may say what you want about Karpal’s manner, his magisterial pronouncements often delivered with a great roar full of fiery passion, but you cannot accuse him of being inconsistent in the position he has taken over the years on matters involving both personal and public ethical principles.

While Karpal clearly recognises that there are, in politics, no permanent friends or foes, he believes devoutly in the importance of “permanent principles.”

Unprincipled politics as we have seen in Malaysia can very quickly degenerate into unmitigated disasters. The unsavoury Perak affair is a case in point.

I believe in, and will fight for, my right to say what I like within the law. I naturally accept willingly the accompanying responsibility that such rights impose on me.

I should expect to be free from threats of violence for my views, and I was, therefore, shocked to see on TV a disgraceful act of intolerance by a group of UMNO youth, and for a second or two I thought I was watching a familiar scene from a 1935 newsreel showing the storm troopers of the Third Reich pouncing on a hapless Jew in a wheel chair.

On this occasion, it was in the hallowed grounds of the national parliament, no less that the brave Malay warriors chose to flex their muscle. The only difference was that UMNO’s storm troopers were not wearing the dreaded brown shirts of their German counterparts of days gone by.

For UMNO youth, this was not their maiden foray into ugly confrontations against those whose ideas they find disagreeable. And naturally, as we have come to expect from these street wise gentlemen, they claimed they were blameless for the undignified affront visited on an honourable citizen and parliamentarian for speaking out in the chamber of the house.

They have every right to disagree with Karpal’s sentiments, but no one has the right to demand an apology except the speaker of the house or those on the government benches.

He expressed his views without fear or favour in the course of his duty. That is the essence of Karpal the man and politician. I would have been disappointed if he had apologised.

Since the Perak affair began, many of us have questioned the wisdom of the Sultan of Perak’s decision against dissolving the state assembly.

I am, like many of you, not trained in law but I am reasonably educated with a modicum of common sense. I do not believe I am going against any known law of the land by suggesting that the Sultan should have called for fresh elections which are what the people of Perak want judging from the sentiments on the ground.

I believe the Sultan of Perak will be the first to admit that like all the rest of us he is not infallible. Lest I be accused of treason or derhaka against a Malay ruler, let me say here and now that I am by inclination a royalist, but not a blind one.

My loyalty, however, is to my own raja, the Sultan of Kedah, and that loyalty, however, is not unqualified. He has to earn it by acting in the best interests of his subjects. That to me is every ruler’s sole raison d’etre.

The French have another word, noblesse oblige, which is translated as those who enjoy the advantage of wealth and power have an obligation to protect those who do not have these advantages.

In this enlightened age, the only appeal to a person’s respect and loyalty that is likely to mean anything at all must be based on reason. It is no longer appropriate to invoke “lese majesty” as a form of legal sanction to secure the loyalty and affection of the people.

There has recently been a great deal of talk about social contract or compact in the context of the special rights of the Malays. I am not aware that any such contract exists, but I know that there is in universal terms an unwritten social compact between the government and the governed, and between the ruler and the ruled.

In effect, what this stipulates is that it is the duty of the government or the ruler to ensure that the will of the people must be allowed full rein under the constitution to exercise their rights. In return, the people agree among themselves to conduct their affairs in ways that benefit the community as a whole.

In a nutshell, we cannot have a prosperous and harmonious society by acting outside the constitutional parameters, and this injunction applies to both the ruler and the ruled.

It requires adjustments all round, and it is good to see that some rulers in performing their constitutional duties have tried to understand the mood of the people outside of the palace gate.

We the people of this country look up to our rulers to stand by us as we seek justice, when other avenues seem impenetrable. It is not too much to ask not to be let down in return for our devotion and loyalty to “king and country.”

                This entry was posted on Sunday, 15 March 2009, 8:51 am and is filed under
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Calling For A New Breed of Politicians

By
M. Bakri Musa

Book review:
Saifuddin Abdullah:  Politik Baru:  Mematangkan Demokrasi Malaysia.  English version:  New Politics:  Towards A Mature Malaysian Democracy.
 Institut Terjemahan  Negara Malaysia, Kuala Lumpur, 2008. 88 Pages, RM 30.00   (Sabah & Sarawak:  RM35).

It is now de rigeur for ambitious politicians to pen their autobiographies, or put in print their political thoughts.  Barack Obama did both, presumably just to be sure, first with his autobiographical Dreams From My Father:  A Story of Race and Inheritance, and then his The Audacity of Hope:  Thoughts on Reclaiming the American Dream.  That strategy obviously worked!

I am not privy to Deputy Minister for Entrepreneur and Cooperative Development Saifuddin Abdullah’s political aspirations, but he has written Politik Baru:  Mematangkan Demokrasi Malaysia, and its English translation, New Politics:  Towards A Mature Malaysian Democracy.  Both versions are included under this one cover.

Saifuddin has written three other books.  Impressive!  He is way ahead of another leader both in literary as well as political milestones.  At a comparable stage in his life, Dr. Mahathir had yet to write a book or hold any ministerial appointment.

Clearly what we have in Saifuddin is a new breed of politician, a committed as well as a reflective one.

Straightforward Thesis

In Politik Baru Saifuddin puts forth a straightforward the thesis that Malaysian politics desperately needs players who are wise, knowledgeable, and with integrity.  And to launch Malaysia into its next trajectory of development the government specifically and the political process generally must meaningfully engage the private sector and civil society.

He may be young but in framing the issues thus Saifuddin has demonstrated early his superior political skills.  The politically tone deaf like me would have and had indeed stated the problems differently and more frontally.  To me our current politicians are a bunch of opportunists who are also corrupt and incompetent, while our government acts in a highhanded fashion and ignoring the needs of the private sector as well as the sensitivities of civil society.

Had Saifuddin presented the problems as I did, it would be unlikely for a government-linked corporation to publish his book, much less have Deputy Prime Minister Najib Razak launch it.

Saifuddin may also be demonstrating the halus (subtle) ways of our culture.  Sometimes that may prove to be much more effective; the operative word there being “sometimes.”  Mahathir catapulted his political career by writing his brutally direct if not frankly insulting The Malay Dilemma.

In his book Saifuddin frequently uses catchy if not poetic phrases, as in, “Politik ilmu dan bukannya politik ampu; politik hikmah dan bukannya politik fitnah; serta politik bakti dan bukannya politik undi.”  (“Knowledge politics instead of ingratiate politics; wisdom politics instead of defamatory politics; and service politics instead of vote politics.”)  Another, “UMNO perlu diisi dengan ahli politik yang ‘berjuang’ dan bukannya yang ‘berwang.’”  (“UMNO must be filled with politicians who ‘struggle’ and not politicians who are ‘wealthy.’”)

As is obvious, the English version is not as cute; it lacks the alliterative or rhyming ring, but more on the translation later.

Participatory Democracy in Perspective

It is not surprising that Saifuddin calls for the greater participation of civil society as he was once active in the Youth movement.  True to his word, soon after being elected to Parliament for the first time in 2008, he set up a community liaison committee that would have included the PAS state assemblyman in his constituency.  However, subsequent directives from above precluded him from having that state politician.  I hope Saifuddin would not be discouraged and that he would still meet regularly in an unofficial basis with that opposition politician, as well as others.

Saifuddin does not explore why politics has degenerated in our country, or why our current politicians do not share their earlier compatriots’ deep sense of duty and service to the community.  My own theory is this.  Unlike earlier leaders who were inspired by the struggle for merdeka; today’s politicians lack such transcendental ideals; hence they are easily corrupted by material gains.

Further unlike the past, today’s best and brightest today have other much more rewarding avenues for their talent.  If they have not already succumbed to the seduction of the First World, there is the lucrative private sector at home.

Attracting talent is a major challenge.  Generous compensation is not entirely the answer.  America does not pay its leaders on the same scale as the private sector, yet there is no shortage of capable and willing candidates.  Paying them poorly however, would definitely attract only the corrupt and the less-than-talented, a destructive combination.

Then there is the matter of choosing the best candidate.  Clearly this is one of UMNO’s major systemic weaknesses.  I agree with Saifuddin that having the candidates debate each other openly is one of the better ways of assessing them.  Although he does not specifically say so, UMNO’s “no contest” tradition is one it can do without.

Saifuddin would prefer our political leaders be knowledgeable (“berilmu”).  He digresses somewhat with his philosophical deliberations on the meaning of knowledge, and ends up declaring his preference for intellectuals and scholars as leaders.  Unfortunately such individuals, in Malaysia as well as elsewhere, rarely prove to be good leaders or executives, quite apart from their being politically inept.

While we should strive for competent, dedicated and incorruptible leaders, we should nevertheless be realistic and deal with the cards we have.  To prioritize, I would put competence first.  The public would readily overlook if not forgive an otherwise competent leader’s other inadequacies.  Witness America’s continuing admiration for Jack Kennedy despite his unsavory personal morality.  Malaysians tolerated the corruption of the Mahathir era because his was a competent administration, and the level of sleaze was at least manageable.

In contrast there is Kelantan’s Nik Aziz, a pious and honorable leader, berintegriti as Saifuddin would put it, but totally lacking in management competence.  I would not tolerate him leading the nation, despite his admirable piety, honesty, and humility.

The worst would be a leader who is incompetent and corrupt.  Unfortunately that is what we have with the Abdullah Administration; thus it is not a surprise that he is being booted out early.

In engaging the private sector and civil society, Saifuddin advocates a more participatory form of democracy, going beyond the rituals of regular elections.  While I am fully supportive of that, we have to be careful not to buy in too much into it.

India and the Philippines have participatory democracy on a scale a quantum leap higher that what they have in Singapore and South Korea, but no Singaporean or South Korean would trade places with the Indians and Filipinos.  The reason is obvious:  Singaporean and South Korean leaders are competent despite their being repressive (Singapore) or corrupt (South Korea).  Their competence enabled them to grant their citizens their most basic and greatest freedom, the freedom from hunger and privation.

It is for this reason that I am not enamored with Saifuddin’s idea of electing town councilors.  In theory that would be the essence of grassroots participatory democracy, in practice however, it would merely bring the current political gridlock down to the local level.  Witness the ongoing paralysis in Perak and elsewhere where the party in power is different from the one nationally.  Now imagine the local, state and federal governments all under different political parties!  To reemphasize, I would put competence ahead of everything else, including ideology.  Town dwellers just want their potholes filled and drains unclogged!

To enhance citizens’ participation Saifuddin calls for their empowerment.  The World Bank defines that as “the process of enhancing the capacity of individuals or groups to make choices, and to transform those choices into desired actions and outcomes.”  Saifuddin searched hard to find the right Malay word for this before settling on his penghakupayaan.

I have a simpler and more accurate concept that is readily understood by the masses.  We would empower them if we grant them their personal merdeka to make their own decisions.  Repealing the Universities and Colleges Act for example, would grant our students their personal merdeka.

As with a nation, we must properly prepare our citizens for their merdeka lest they corrupt that precious gift as a license for anarchy.  Meaning, we must make the relevant information readily available to them and they must be capable of thinking critically.  Thus we must have freedom of the press and a decent education system.

In many ways the issue of press freedom is now mute.  The Internet has democratized access to information and no government, not even the most repressive, has a monopoly on information nowadays.  The deficiencies of our education system however is not so readily overcome or bypassed.  It remains the biggest obstacle to effectively empowering our citizens.

Saifuddin is silent on the Internal Security Act (and other intrusive laws) and affirmative action.  These issues are dear to all Malaysians and must be faced directly.  Leaders with higher aspirations cannot pussyfoot around these defining matters.  The ISA and other oppressive laws are the antithesis of empowering our people.

Perhaps Saifuddin may have internalized the clear but unspoken boundaries set by his party.  If so, my advice would be this.  An important aspect of leadership, and also a measure of courage, is one’s ability to push back those boundaries.

Calling for the private sector and civil society be “partners in development” would require an appreciation of their proper roles.  This is problematic in Malaysia as the government is heavily involved in business and civil society.  The views of those in Petronas and Khazanah may not accurately reflect the aspirations of the genuine private sector.  While the UMNO government would readily work with civil society groups that it sponsors or are sympathetic to its cause, there is much less sympathy for others.

Another wrinkle is that with few notable exceptions, civil society in Malaysia is race based.  Thus the government has to mediate the conflicting demands of GAPENA, the Malay writers association, and Suqui, the champions of Chinese education.

I am surprised by the omission of credit to the translator of this volume.  Translation is an art and the translator’s work must be fully acknowledged.  Perhaps the translator does not wish to be recognized here, and for good reasons.  The translation is too literal.  The imagery that would have been appropriate in Malay is totally meaningless in English.  Siafuddin’s likening politics to a taman (garden) that has to be carefully tended is appropriate in Malay but not when translated into English.  The better word would simply be ‘landscape.’

The average Malay reader would have considerable difficulty understanding Saifuddin’s original version because of his profuse use of bastardized English words like “integriti,” “adversarial,” “manipulatif,” or even the simple “debat.” All these words have ready and more accurate Malay counterparts.  Try “amanah” for integrity.

Another distraction, again endemic with Malay writings, is the lack of consistent stylistic and editorial standards.  In the English version he refers to the Malaysian Integrity Institute and then went ahead to use its Malay initials “IIM” that bear no relation to its English name.  Malaysians editors and writers must agree on a common stylistic standard so readers would not be distracted.

As a politician Saifuddin faces the twin challenges of first changing UMNO along the lines suggested in his book, and second of ensuring that he is not changed in the process.  Both are formidable undertakings.  His writing this volume is an excellent beginning.

Saifuddin however cannot do it alone.  Even as talented and intelligent a leader as Obama had plenty of help.  His party elders recognized his talent and helped paved the way for him.  John Kerry, the Democratic Party’s Presidential nominee in 2004 picked Obama to deliver the keynote address at the party’s convention that catapulted him onto the national scene.

Senior UMNO leaders likewise need to help nurture and gracefully make way for promising talent like Saifuddin.  Malaysia and UMNO need a new breed of politicians in the mold of Saifuddin Abdullah, someone with fresh ideas and who can express them cogently, and then engage citizens intelligently as he has done with his Politik Baru.

                This entry was posted on Monday, 16 March 2009, 3:05 pm and is filed under
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D-Day for Ali, KJ and Khir tomorrow?

Zubaidah Abu Bakar in her
New Straits Times
 column

“Umno’s ticking time bomb”
 today wrote:

“Some people are expecting something big to happen over the next few days — either someone eyeing a senior post would be charged, disqualified from contesting or would withdraw from contesting.”

Is tomorrow, Tuesday, 17th March 2009, D-Day for contenders for UMNO and UMNO Youth top posts, viz: Datuk Seri Mohd Ali Rustam, Khairy Jamaluddin Abu Bakar  and Datuk Seri Dr. Mohd Khir Toyo?

                This entry was posted on Monday, 16 March 2009, 10:46 pm and is filed under
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Karpal to be charged with sedition

Understand that DAP National Chairman and MP for Bukit Gelugor Karpal Singh is to be charged with sedition at  the Jalan Duta Sessions Court, Kuala Lumpur  tomorrow morning at 9 am.

Darkness descends every day with Najib Razak getting closer to become the next Prime Minister.

                This entry was posted on Monday, 16 March 2009, 5:02 pm and is filed under
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Parliament becomes kangaroo court

Parliament convened as a court of justice this morning to decide the fate of DAP MP for Puchong, Gobind Singh Deo, over what transpired in Parliament last Thursday  but it operated as a kangaroo court as Gobind was not even allowed the floor to defend himself.

For the first hour, Pakatan Rakyat MPs raised one objection after another against the motion to suspend Gobind for one year as MP without pay and privileges, from the propriety of the motion whether from the standpoint of the Parliamentary Standing Orders, the Houses of Parliament (Privileges and Powers) Act 1952 or the Federal Constitution, to questions including  double jeopardy and sub judice but they were all brushed aside by the Speaker Tan Sri Pandikar Amin.

The Speaker also rejected the amendment by the DAP MP for Ipoh Barat, M. Kulasegaran to the motion by the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz so as to refer Gobind to the Committee of Privileges over the charges cited in the motion: that Gobind had breached parliamentary privileges in alleging the involvement of the Deputy Prime Minister, Datuk Seri Najib Razak in the Altantuya Shariibuu murder case.

I told the House that questions about Najib’s involvement in the murder case are public interest issues, which have been raised not only in the House, but in the country and internationally.

These questions are not parliamentary contempts or parliamentary privileges, in view of the  many circumstances giving legitimacy to these queries which Najib had failed to avail himself of the right to reply in the House to dismiss or clarify, including:

Testimony by  the investigating officer of the murder case that Najib was an important witness but he had not been questioned;

Court testimony of a photograph showing three persons, including Najib and Altantuya;

Statutory declaration by a private investigator on Najib’s relationship with Altantuya;

The involvement of members of the police elite unit guarding the deputy prime minister in the murder case.

Pakatan Rakyat MPs staged a protest walk-out when Gobind and other PK MPs, apart from Anwar and myself, were not allowed speak in the debate – and the motion suspending Gobind for one year without pay and privileges was passed by the Umno/Barisan Nasional in Parliament.

                This entry was posted on Monday, 16 March 2009, 3:34 pm and is filed under
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Karpal charged with sedition for saying Sultan can be sued

By
Debra Chong

The Malaysian Insider

17.3.09

KUALA LUMPUR, March 17 – DAP chairman Karpal Singh was charged this morning with sedition for saying Datuk Seri Nizar Jamaluddin’s removal as Perak menteri besar by Sultan Azlan Shah could be questioned in a court of law.

The veteran lawyer-politician was charged at the Sessions Court here before Judge Mohamad Sekeri Mamat under Section 4(1)(b) of the Sedition Act 1946.

Karpal is further accused of several other seditious statements related to the entire Perak constitutional crisis which began a month ago.

He is accused of committing the crime during a press conference at his law firm here on February 6.

A partial transcript of the press conference, which formed the basis for the charge, was read out in open court.

Among the underlined statements, which are allegedly seditious are:

“With that ruling of the federal court which has stood the test of time for 32 years beyond a pale of a doubt, the Sultan of Perak has contravened Article 16(6) of the Constitutions of the State of Perak,” referring to a 1977 Federal Court decision that the King had acted beyond his authority in confirming three detention orders under the Emergency Ordinance.

“Clearly the Sultan of Perak cannot invoke his powers under Article 16(1) which states [His Royal Highness shall appoint an Executive Council] to appoint a Barisan Nasional Executive Council with a new Menteri Besar and a new government. The Government of a Menteri Besar Dato’ Haji Nizar bin Jamaluddin still had constitutional supremacy and legitimacy. The actions of the Sultan of Perak are clearly, premature.”

Karpal pleaded not guilty.

If found guilty, he can be punished under the same Act with a maximum fine of RM5,000 and a jail term of up to three years for the first offence, and five years for subsequent offences.

This is Karpal’s second sedition charge. His first was in 2000, during the trial of sacked deputy prime minister Datuk Seri Anwar Ibrahim, where he was charged for seditious statements on arsenic poisoning.

But the prosecution later dropped the charge against him and he walked out a free man.

Chief prosecutor, Datuk Kamaluddin Md Said from the Attorney General’s Chambers, requested the case against Karpal be transferred to the High Court and bail to fixed at RM2,000 with one guarantor.

There were no objections from Karpal.

As he told reporters later, he wants the matter to go all the way up to the Federal Court.

He explained that if the matter was heard at the High Court level, it could be taken all the way to the apex court. On the other hand, if the matter remained at the Sessions Court, the highest it could get to was the Court of Appeal.

“I think the highest court in the land should decide on this, once and for all. This affects my dignity as an MP,” the federal lawmaker for Bukit Gelugor said.

                This entry was posted on Tuesday, 17 March 2009, 5:00 pm and is filed under
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Not fit to contest as UMNO Deputy President but fit to continue as Malacca CM?

How can Datuk Seri Mohd Ali Rustam be barred from contesting  to be the Umno Deputy President for involvement in money politics (euphemism for corruption) but yet be fit to continue as the Malacca Chief Minister?

The same question applies to Khairy Jamaluddin, who was given a warning for being involved in money politics – as to how he could continue even as MP for Rembau.

I posed these questions in Parliament during the 2008 Supplementary Estimates after the announcement by the Umno Disciplinary Board this evening.

In my speech, I quoted the
interview
 by the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz in
Sunday Star (8.3.09)
 on money politics in the Umno elections, where he admitted:

“It’s still quite rampant except that it has gone underground.”

In response to the question: “Why do you think members have gone to the MACC rather than the Umno disciplinary board?”, Nazri replied:

“Actually, a corrupt act cannot be settled at the party disciplinary board level as it is not an offence just against Umno that can be sorted out internally. It goes beyond Umno. It is an offence against the state so nothing can stop MACC from coming in because all these complaints are made by Umno members.”

When will MACC move against Ali and Khairy?

                This entry was posted on Tuesday, 17 March 2009, 8:07 pm and is filed under
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Political Roguery Runs Riot In Perak

by
Martin Jalleh

(MJ tries to capture the initial events leading to Umno’s power grabbing, pariah politics and pyrrhic victory in Perak)

The rakyat of Perak are robbed in broad daylight of their political right to determine the State Government they want. Their will is ridden roughshod over by a few renegades and running dogs ready to reap their reward. A day of reckoning will come.

A fraudulent state government rules Perak. It is a farcical government of a fallacious “majority”. The people are frustrated and furious. They believe that a fake legislature forced upon them will eventually face its fatal consequences.

C4 and 4Cs

The Election Commission (EC) plays politics and panders to the political (pay)master. It even portrays itself as a court of law and makes a palpably wrong decision that prevents the people from being the paramount arbitrator to overcome Perak’s political deadlock.

The new EC chairman refuses to recognise the Perak Speaker’s request to call for two by-elections after two assemblymen “prostituted” themselves. It is a duty which he is constitutionally bound to do so – a fact promptly and plainly confirmed by his predecessor.

The EC chairman sets a precedent that will perpetuate party hopping and paves the way for Umno’s power grabbing, pariah politics and pyrrhic victory. He reinforces growing public suspicion that the EC is hand-in-glove with the powers-that-be.

The mandate given to Pakatan Rakyat (PR) by the majority of Perakians is made a mockery of by the minority UMNO State Government. Umno survives on manipulative maneuverings, mysterious disappearances and money politics led by Machiavellian characters like Najib Tun Razak, who will soon assume the mantle of PM.

Soon after Umno’s defeat in the Kuala Terengganu by-election in January, its elites called for a “revamp”, a “reinstating of the ‘wow’ factor” and “radical reforms”.  As proof of its unwavering resolve – it receives without any reservation two former PKR assemblymen who have been charged for corruption!

Dr M slams the Umno leadership for ‘stooping low’ in courting the two crossovers. He should know its implications. He had left behind a Cabinet of soiled reputations and an Umno full of spent characters and self-seeking sycophants. Pak Lah’s new MACC, a supposedly “serious” effort to stem out corruption, turns out to be a silly joke.

The country catches a glimpse of Najib’s “culture of change”. More powerful than C4, he will charge this country up when he wears the crown, with 4Cs – Corruption, Coercion, Crossovers and Coups. Such is his commitment to compromise our democracy – whatever the cost!

Dr M, who preferred Najib over Pak Lah as PM, very correctly captured in his blog (when he predicted that those using bribery will win in the Umno elections in March) the coming catastrophe in this country: “We will get an Umno government that is corrupt and without morals.”

The backroom politics of Umno and its backdoor takeover of the Perak State Government, forms the perfect background for Najib to lead Bolehland into a political backwater. Many believe that the bedlam created by Umno in Perak will surely bring about a backlash expressed in the ballot-box of the next General Elections.

Silver State’s Shaky Stability

Confronted by Umno’s hypocrisy, hopping highhandedness, hideous characters and hoax majority, the Menteri Besar (MB) of Perak and many Perakians turn to and place their hopes high on His Royal Highness (HRH) Sultan Azlan Shah – whom they hold in high regard.

Surely on His Silver Jubilee as Sultan of the Silver State, the exemplary sovereign who was a former Lord President, will shine like a silver lining in the sordid state of affairs. Indeed, he will safeguard the sentiments of his subjects expressed in the last General Elections.

Sadly, the Sultan’s solution makes very little sense to his subjects. HRH seems swayed by Umno’s political subterfuge and scheming. He summons the MB who sought a dissolution of the State Assembly. There will be no snap elections. The MB is told to step down, and to do so swiftly. The saddle belongs to Umno.

The popular MB of positive policies proves he is no pushover. All he wants is that the democratic procedures and process be followed properly. The Sultan’s personal discretion and his straying beyond his parameters of power is met with public disbelief and disappointment. Public perception over his impartiality plummets.

Respected retired judge N H Chan suggests that HRH has “sidestepped” provisions of the Perak constitution and made a “fatal error”. Tengku Razaleigh strongly implies that the removal of the MB by HRH was done “without regard for the rule of law”. And as Zaid Ibrahim sees it, “political questions should be resolved in the legislature and not behind closed doors in a palace”.

The Sultan returns Perak to its original stalemate. Nothing changes. Only the roles are reversed. The same razor thin majority remains. The initial political uncertainty is reinforced. Politicking in Perak – to remain in power or retain control – rages on, with each side trying to lure defectors.

The Sultan wants a “stable” State Government. Umno assures HRH that it has the majority due to the solid backing of three defecting “friendly independents” made up of two former PKR assemblymen charged for corruption – and a former DAP assemblywoman who reduces the price of democracy to cash and Camry!

In other words, the “stability” of the Silver State rests solely on three shady characters interviewed by the Sultan and whose status are now even more uncertain since the PR has filed a suit to declare their seats vacant.

Alas, the future of the people of Perak is determined by three “independents” who act independently of the people’s wishes, and an “unstable” Umno assemblyman who says that his hop from Umno to PKR and back to Umno ten days later – was for the sake of political stability!

The Sultan hands to the people of Perak a “unity government” which has a dubious majority, achieved by the most divisive means! On top of that it is overwhelmingly dominated by 27 Umno seats. There is only one MCA seat and three independent defectors’ seats. How’s that for an unique representation of multi racial unity?

Pawning the Palace

The nascent PR State Government is numbed momentarily by Najib’s nefarious tricks. It eventually bounces back with MB Nizar leading it with nerves of steel. Najib is naive to think that Nizar would wilt in the battle of wills. The MB (who is from PAS) will fight him all the way to the moon and back!

Nizar refuses to resign as MB. He believes he is lawfully the MB until he resigns of his own accord, or is removed by a vote of no-confidence in a formal sitting of the State Assembly. For Nizar and his Exco it is business as usual.

Naiib has made Nizar famous. The DAP backs him fully. The Bar Council praises him for the “many significant steps forward”. The people of all races have faith in him. He may be without an official office, car and house, but Nizar can find a place in the hearts of many Perakians!

Umno goes berserk over Nizar’s boldness. Next to buying over defections, Umno is an expert in diversions and distortion of the truth. Behold, the Umno boys are unleashed; protests are held (without police permits); police reports are lodged; and their press is ready and raring to spin.

At their hysterical best, Umno Youth chief Hishammuddin Hussein hits out at the opposition for “betraying the Rulers”, and his deputy Khairy Jamaluddin hollers for Nizar’s banishment. Surely such histrionics will be duly rewarded at the coming Umno elections.

Umno uses the royalty as pawns in their dirty political game. It is all about political expediency and nothing about being pro-royal. Najib makes use of the palace to push and protect his agenda and vested interests. The people are his least concern.

History reveals that Umno shows deference to the royalty only if it serves its political advantage. As a royal peer and Umno leader, Tengku Razaleigh sees through the hypocrisy of the Umno elite. He hammers them by implicitly suggesting that it is Umno who has harmed the Malay rulers more than anyone else! He recalls the constitutional crisis of 1993.

He describes it as “an ugly confrontation between Umno and the Rulers” during which the Umno-dominated government campaigned to remove the immunity of the rulers. He leaves a haunting question for Umno: “Was greater harm done to the sovereignty of the Rulers in 1993 through Parliament or a week ago on the streets of Perak?”

He strips bare Umno’s attempt to camouflage public opprobrium over its undemocratic takeover of the state government: “Today’s crisis in Perak is about the legitimacy of the process by which a new state government has been formed in Perak. It’s not about the status of the Rulers.”

In March last year, in a clash between Umno and the Sultan of Trengganu (who was also the King) over the appointment of the State’s MB, hostile Umno members hurled insults at the royalty and even hoisted banners headlined ”Animal King”.

All of the 22 BN assemblymen protested against the appointment and later boycotted the swearing-in ceremony of the new MB. Umno Trengganu even stripped the new MB of his (Umno) membership after he defied the party leadership and accepted the Sultan’s appointment!

Surely this was not treason. Umno protestors were not traitors. Neither were they tainting the name of the Sultan? They can’t be “rude”. They were just being Umno – “with its inconsistent adherence to the rule of law (and) its inconstant respect for the key institutions of our country” (Tengku Razaleigh).

“It is time for Umno-BN to stop using the Palace. It must now learn how to survive on its own as required by both the constitution and democracy,” is the wise advice that law professor Abdul Aziz Bari has to offer to Umno.

Meanwhile Nazir files a suit to declare illegal the government of the new MB. The Perak State Legislative Assembly Speaker suspends the newly appointed MB and his six Exco members.

Pak Lah tells the new MB to ignore the suspension and to lodge a police report against the Speaker. Dr M mocks at the ignorance of the PM. The country heaves a sigh of relief that he would be retiring soon

As for Anwar Ibrahim and the PR, they have a lot of soul searching to do. A democracy dependent on defections is a very defective process waiting to disintegrate. Crossover is not the answer for a nation at a crossroads. What has happened in Perak is a classic case in point.

Hopping does not bring hope. With money politics so rife, there is no guarantee that the hopper may not one day hop back into his/her original “hole”. The Umno assemblyman who double hopped in a space of 10 days is a perfect example.

The PR is a “people’s party”. The people’s wants, wishes and will must come first. The “tsunami” of March 2008 was a “people’s victory”. The very essence and reason for PR’s existence is – the people.

The only way for Perak to move forward is to go back to the people!

(The above article was written for the latest issue of Aliran Monthly. Subsequent to the above were significant events such as the raw courage of the MB, Speaker and PR Aduns holding the Perak State Assembly under a raintree, and scandalous events such as the jaundiced judgments of a junior judge (judicial commissioner) which made the judiciary the butt of everyone’s jokes.)

(16 March 2008)

                This entry was posted on Tuesday, 17 March 2009, 7:34 am and is filed under
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Martin Jalleh
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BTN communal poison again

Yesterday, I received an indignant email from a recent participant in the course of the  Biro Tata Negara (BTN),  funded by taxpayers but acting as the propaganda arm of UMNO, pumping communal poison instead of spreading the message of national unity.

Despite criticisms against the BTN both in and out of Parliament, invariably followed by denials by the Minister or Deputy Minister concerned, it is clear from this email  that BTN had not changed one whit its irresponsible ways.

I read out the complaints in the email in Parliament yesterday during the debate on the 2008 Supplementary Estimates, viz:

Their purpose is to convey THEIR Message to us but I think they are absolutely wrong . It made us more irritable towards BN government and make us more stronger to vote opposition.

Here are their messages:

(1) Kontrak sosial about Kerakyatan and Hak Istimewa Orang Melayu

     Effects : Non Malay should appreciate and cannot expect more  . They use Malay toleransi us and also “Terhutang Budi terhadap mereka”

(2) The country is not safe after 308. The government is not strong enough to maintain the safety. The oppositions is creating chaos in the country . They give a lot of examples. If we continues like this , it might explode another 513 or war in Malaysia like in Iraq. They shows us the pictures and videos of Iraq. Therefore we need to vote BN for the peace

(3) To protect Islam and Malay special rights Malays have to bersepadu for Ketuuanan Melayu

(4) Indians and Chinese contribute nothing to this country. It is the non Malays who wants to join the pakatan that time and we beg for that. Throughtout the course they only emphasize on Malay’s contribution  and say nothing on Non Malay.

(5) their perpaduan means Ketuanan Malay and never sama rata because they said this is according to Kontrak Sosial. They conducted every facts on Chinese Malay and Indian and not mentioning Malaysian .

(6) they claim oppositions is a spy from America and going to attack Malaysia soon

In  allowing BTN to continue such communal poison in its courses, Umno and the other Barisan Nasional component parties are proving in Parliament, the Cabinet and to Malaysians at large that they continue to be blind, deaf and mute to the message of the March 2008 general election for reform  and that they deserve further punishment by the Malaysian electorate.

                This entry was posted on Wednesday, 18 March 2009, 11:27 am and is filed under
nation building
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Parliament
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