Sidelining Pakatan Rakyat states

By Deborah Loh
thenutgraph.com

Dr Xavier Jayakumar

ARE federal earnings funded by taxpayers in Pakatan Rakyat (PR) states returning to benefit the public in those states?

What's clear in the case of Selangor is that funds are used for development but are not channelled through the state government. That has become clear in Penang as well, where promised funds for Georgetown's heritage status have not been delivered to the PR-governed state.

In the second and final part of an interview with The Nut Graph, Selangor executive councillor Dr Xavier Jayakumar talks about the round-about manner in which the federal government handles funding meant for the state through various ministries. It appears to be similar to the problems opposition Members of Parliament face when requesting for the Prime Minister's special constituency fund.

Xavier, who is the Sri Andalas assemblyperson from Parti Keadilan Rakyat, says that as a result, it is unclear how much and for what purpose federal funds for state development are used.

TNG: The Selangor government has been accused of incompetency. How has it been learning the ropes of governance?

Xavier Jayakumar: I agree that we didn't expect to be ruling Selangor. And it is not easy because Selangor is the richest, most developed state and the demands are tremendous. I think we've come to a stage where we understand better how the system works. I think we understand at least 80% to 90% of how the system works. We are encouraged that we can now move into implementation of projects and programmes.

But at the same time there is a lot of federal government interference in terms of limiting our financial resources. Of the federal government's revenue for income tax alone, 24% comes from Selangor. Previously, there were a lot of federal projects that were implemented in Selangor through the state government at the time. But now the funds are not coming in the sense that the state is not given the privilege to access these funds. The funds are being disbursed through different sources without the state government having any say as to how they are allocated.

Meaning, federal agencies in the state?

Yes, the funds go directly to them without going through the state. They have a Special Development Office (SDO) which they opened in Glenmarie, and the funding goes through that office without involving the state system.

For example, previously the Ministry of Rural and Regional Development used to give the state money to service all the kampungs and rural areas. Now we don't have the funds at all. We are being pressured by [ketua-ketua] kampung for basic amenities in their villages. Funds from the Housing and Local Government Ministry for things like parks, recreational areas and the environment have also dried up. The ministry conducts its own programmes through the SDO. The town councils don't get those funds anymore. Whatever the SDO does with federal funds given to it, the state government doesn't know.

That is going to pose problems in terms of overlap, isn't it?

Yes, it's already happening. The Youth and Sports Ministry is building futsal courts and playgrounds here and there without permission from the town councils.

What can the town council do when it finds out?

They have to stop it. They are putting up structures which don't have permission. Actually, we're not saying stop the building. We welcome it, but why not go through the proper channel? We want our youths to have amenities like futsal courts and basketball courts. The federal funds are there anyway. Every ministry has a chunk of money to spend for Selangor. Since they have to spend it, we just want them to go through the proper channel. Otherwise, how do you keep track of how much was spent and the quality of work done? How are you answerable to the Auditor-General? Who will the Auditor-General get the information from? Because the officers in the land office and district office which used to oversee the implementation of projects have now been supplanted by the SDO.

Khalid Ibrahim

Is the state's shortage of funds why the Menteri Besar suggested using funds from Baitulmal? Tan Sri Khalid Ibrahim was criticised for it.

Baitulmal is just an idea the MB put forth for all tax payers in Selangor. Baitulmal is just the term used. It might sound Islamic or Arabic, but it means it is a type of funding where we are saying, rather than you paying tax to the federal government, you might as well pay to the state.

Under federalism, the federal government is supposed to share some 80% of revenue with the states. That is the way it's done in well-developed democracies. That is also the formula in the BN-ruled states.

But isn't the objective of Baitulmal to help Muslims?

It was supposed to be a new fund. The state doesn't have an existing Baitulmal fund.

There's some confusion. The state does have a Baitulmal fund managed by the religious authorities, right?

That is zakat and collection of money from Muslims. That is different. The Baitulmal the MB proposed will not come under the Selangor Religious Council. Baitulmal will come under the state, under a new purpose vehicle.

So will it really happen?

It was just an idea that was thrown out. It would take a long time for implementation.

In the short term, what is being done to increase revenue?

Our revenue sources are from land taxes, development taxes, quit rent and special taxes. Our budget is RM1.4 billion. Half of that goes to emoluments. But we can run on the other half and we have a sound fixed deposit which we can run on for another three years.

But this year we expect a budget deficit with the economic downturn. Our tax collection may not achieve what we expect. That's why we approved additional budget expenditure of RM120 million in the July state assembly sitting. Next year's budget most probably might be a reduced budget because of the economy and reduced collection.

We are also encouraging business [people] to develop in the state. We'll be announcing some new strategies. And we're encouraging foreign investors to open up businesses here in Science Park 2 and in Pulau Indah. There have been quite a number of inquiries.

What about PKR as a whole, is the party learning to behave like a ruling party?

The party has changed in that we are coming to terms with being the ruling government in some states. Some of us have to learn that to govern, we cannot act like the opposition anymore. You cannot be antagonistic with the civil service or your work gets delayed. You have to learn how to work the system to get things done. The party is addressing this through seminars for leaders and councillors.

Sometimes, the residents win...

Residents of Taman Golf in Ipoh have successfully appealed for the removal of a sewage treatment plant facing their homes.

A rare victory – Photo courtesy of Ipoh Echo

A three-person panel of the Perak Appeals Board, led by N H Chan, allowed their appeal and ordered the Ipoh City Council to instruct the Royal Perak Golf Club to dismantle and demolish the sewage treatment plant within a month.

The city council had not properly served notices to all the residents, asking them if they have objections to the structure. Approval for such a structure can only be granted if neighbouring residents have no objections.

As most of the residents did not receive such notices – and subsequently complained about the structure – the approval granted by city hall was deemed ‘invalid’ and the judge ruled in favour of the residents. Full report in the Ipoh Echo here.

Separation between parties needed to fight corruption

The Star

KUALA LUMPUR: There should be a separation in the relationship between the Government, business and politics in the fight against corruption, according to the Global Corruption Report.

“The complexity of the relationships between politics and the public and private sectors means that corruption may take place with impunity,” said the 460-page report.

The GCR 2009: Corruption and the Private Sector country report for Malaysia released by the Berlin-based Transparency International on Wednesday said the Port Klang Free Zone fiasco involved politicians from Umno, officials from the Transport Ministry, Port Klang Authority officials and Kuala Dimensi Sdn Bhd.

The report said the scandal involved politicians, government officials and business people and cost the taxpayers RM4.6bil.

Transparency International (Malaysia) president Datuk Paul Low said the question of political patronage and political funding by the private sector was still a big issue.

“If businessmen fund political parties, the latter might have to ‘pay back’ one day and this could compromise on open tender and procurement issues,” he said.

He expressed concern that Malaysia’s rating for the next Corruption Perception Index to be released next month might not change or even deteriorate.

This is despite the revamp of the Anti-Corruption Agency to the Malaysian Anti-Corruption Commission (MACC), the setting up of the Special Complaints Commission as well as the Independent Police Complaints and Misconduct Commission.

On political aide Teoh Beng Hock, who was found dead after he was questioned by the MACC, the public’s perception on the level of professionalism and abuse of powers in the investigations was no different than before.

There was also a lack of seriousness in the handling of the case of Datuk V.K. Lingam brokering the appointment of judges over the phone since no action was taken following the Royal Commission of Inquiry’s report, he said.

Low said Indonesia had progressed much more than any South East Asian countries in its fight against corruption.

In the Global Corruption Barometer survey 2009 released in May, when asked if their government was effective in fighting corruption, 76% of Indonesians said “yes” while 70% of Malaysians said “no.”

Al-Arqam making a comeback

The Star

KLANG: Former Al-Arqam member and legal adviser Zabidi Mohamed said the setting up of the controversial Ikhwan Poly-gamy Club was an attempt to revive the now-defunct movement.

The club is being led by one of Al-Arqam founder Ashaari Muhamad’s wives, Hatijah Aam, and its members are all from the movement as well.

“The name and the packaging may be different, but the people leading it are the same ones behind the banned Al-Arqam movement,” said Zabidi.

Global Ikhwan Sdn Bhd manages the club, which was set up last month.

Zabidi added that Global Ikhwan was set-up by former Al-Arqam members after their previous outfit, Rufaqa Corporation Sdn Bhd, was busted by the religious authorities a few years ago.

Given his deep involvement with the movement prior to his detention under the Internal Security Act in 1994, Zabidi said he could sense that an aggressive revival of the movement was underway.

“I just don’t have concrete proof to support this, but I know the revival is happening now. I also know for a fact that Ashaari’s family will not give up,” added Zabidi.

He said the Home Ministry and the Islamic Development Depart-ment (Jakim) should embark on a pro-active stance to curb the club’s activities before things get out of control.

“Keeping close tabs on the former Al-Arqam members and their activities is insufficient to curb them from spreading their activities and doctrine,” he said.

There should be more pro-active measures taken including educating Muslims on why they should keep away from activities organised by the former Al-Arqam members, added Zabidi.

He said he had heard from sources that Hatijah was running the show now, as Ashaari was frail and bed-ridden.

Killing of women, child witches on rise, UN told

By Robert Evans

GENEVA, Sept 24 (Reuters) - Murder and persecution of women and children accused of being witches is spreading around the world and destroying the lives of millions of people, experts said on Wednesday.

The experts -- United Nations officials, civil society representatives from affected countries and non-governmental organisation (NGO) specialists working on the issue -- urged governments to acknowledge the extent of the persecution.

"This is becoming an international problem -- it is a form of persecution and violence that is spreading around the globe," Jeff Crisp of the U.N.'s refugee agency UNHCR told a seminar organised by human rights officials of the world body.

Aides to U.N. special investigators on women's rights and on summary executions said killings and violence against alleged witch women -- often elderly people -- were becoming common events in countries ranging from South Africa to India.

And community workers from Nepal and Papua New Guinea told the seminar, on the fringes of a session of the U.N.'s 47-member Human Rights Council, that "witch-hunting" was now common, both in rural communities and larger population centres.

HOMELESS CHILDREN

Gary Foxcroft of British-based charity Stepping Stones- Nigeria said children living homeless on the streets in many countries had been driven out by families or communities because they were suspected of being witches.

But increasingly children suspected of witchcraft -- usually on the basis of vague accusations -- were being killed because their parents feared they would have to take them back if the authorities identified them.

Ulrich Garms from the office of the U.N. High Commissioner for Human Rights Navi Pillay told the seminar that there were no reliable statistics on how many women and child "witches" were killed annually around the globe.

Other U.N. officials tracking the problem said deaths ran into at least tens of thousands, and beatings, deprivation of property and banishment and isolation from community life meant victims of "witch frenzy" ran into millions.

Speakers at the seminar agreed that poverty, exacerbated by the current world economic crisis, often lay behind the phenomenon as people sought to find scapegoats for their misfortunes and the illnesses they suffered.

But some preachers of major religions and governments were also responsible, they said.

(Editing by Jonathan Lynn and Louise Ireland)

False Tamil Newspapers propaganda by PKR Selangor State government and DAP, PAS in other states

HUMAN RIGHTS PARTY (HRP)

NO.6, Jalan Abdullah, Off Jalan Bangsar, 59000 Kuala Lumpur, Malaysia

Tel: 03-2282 5241 Fax: 03-2282 5245 Website: www.humanrightspartymalaysia.com

23^rd September 2009

YAB Tan Sri Khalid Ibrahim

Menteri Besar Selangor,

Pejabat Menteri Besar of Selangor,

Tingkat 21,

Bangunan Sultan Salahuddin,

Abdul Aziz Shah, Fax : 03-5519 0032

40503 Shah Alam, Selangor. E-Mail : khalid@selangor.gov.my

YAB Tan Sri,

Re: 1) 64 Hindu temples “supposedly” granted land titles (Makkal Osai 20/9/09 at page 5)

2) RM400,000.00 “supposedly” granted to Tamil Schools in Selangor (Makkal Osai

20/9/09)

3) 23,000 civil servants in Selangor (New Straits Times 22/9/09 at page 19) (But almost

zero Indians especially in the supervisory, managerial and top executive jobs. Zero

Indian Directors in all Selangor state GLCs’, Assistant District officers, District Officers

District and Municipal Council Presidents and Mayors. How then is PKR, DAP and PAS

any different from the UMNO / MIC / BN axis?

We refer to the above matter.

It has been brought to our attention by the people power Makkal Sakthi forces that the newsreport Makkal Osai on 20/9/09 at page 5 that 64 Hindus temples had been granted state government land in Selangor is not true. Kindly let us have the list of all the aforesaid temples and copies of the state government letters confirming the same, copies of their titles thereto and copies of their being gazetted accordingly.

In the very same aforesaid newsreport a sum of RM400,000.00 was “supposedly” granted to Tamil schools in Selangor which the people power Makkal Sakthi forces also inform us is not true. Kindly also let us have a list of all the said Tamil school recipients and the amount they had received and the dates they received the same accordingly.

To avoid the likes of the barbaric cow head protest kindly use your almost absolute discretionary powers vested in the office of the Menteri Besar and acquire further to section 76 of National Land Code and grant land titles to all 97 Tamil Schools, all Hindu temples and all Hindu crematoriums in Selangor as has been done for all Suraus and Masjids in over the last 52 years. With this all the 97 Tamil schools would then qualify as fully aided government schools by the Federal Education Ministry with equal allocation and facilities like any other Malay school. Then we won’t get the case (as reported in the Tamil media last month) of the school roof being blown away but your goodselves “mandore” Exco member making his presence felt and procuring cheap publicity by instead “dishing” out stationary or Tamil schools poor and working class Parent Teacher Associations having to buy tables and chairs for Tamil schools, holding a picket to demand for a school canteen, demanding electricity supply, school field, the whole schools having to share one computer, Tamil schools pupils being forced to study at a JKR store (SRJK (T) Tepi Sungai, Klang) or forced to study in portacabins (Taiping) cow shead like Tamil school buildings falling apart because it is infested by white ants etc.

Kindly direct especially your Exco and the other “mandores” from making false and “kosong” media statements especially so in the Tamil dailies on these Selangor state government land and financial allocations as had been done for the last 50 years by the previous UMNO / BN and MIC axis Selangor state governments. Please take note that the Indians in the post 25^th November 2007 era have been enlightened and are now watching your goodselves closely with their eyes wide open.

The Star on 22/9/09 at page 20 also reports as there being 23,000 civil servants in Selangor. To the best of our knowledge there are almost zero Indians especially in the supervisory, managerial and top executive jobs in the Selangor civil service. And there are actually zero Indian Directors in any of the dozen or so state government linked companies, (GLCs’) assistant district officers, district officers and Municipal Council Presidents and Mayors. Kindly also let us have the list of the 23,000 civil servants in Selangor and confirming the total number of Indians therein under the Selangor special select committee for competency, accountability and transparency (Selcat) government.

This is also the same scenario in the PKR, DAP and PAS ruled Kedah, Penang (also earlier Perak) and Kelantan state governments. How then are the PKR, DAP, PAS / P.R state government any different from the previous UMNO / MIC / BN axis?

Kindly revert to us with your reply forthwith and in any event within two (2) weeks form the date hereof.

Thank you.

Your faithfully,

________________________

P.Uthayakumar

Secretary General (pro-tem).

'Pretty Woman' in temple upset - BBC

Ms Roberts posed for the cameras at the temple on Tuesday

Villagers in India have accused the Hollywood superstar, Julia Roberts, of interrupting one of their most important religious festivals.

They say that her huge film set in the town of Pataudi near Delhi has prevented them from celebrating the Navratri religious festival.

The Pretty Woman star used the Hari Mandir temple to shoot scenes of her new film, Eat, Pray, Love.

Neither Ms Roberts nor the film makers has commented on the claims.

A spokeswoman for Sony Pictures Entertainment, which owns the production company making the film, told the BBC they did not want to say anything about the allegations.

'Presidential'

Some locals are unhappy the actress is using the temple during the festival of Navratri, marked by Hindus through nine days of worship of the Goddess Durga.

Police say they are under strict orders to stop devotees from entering the temple while filming is under way because of security considerations.

The restrictions come at a sensitive time because a number of Hindu festivals take place in the autumn.

One worshipper said: "It's the holiest time of the year and we are being stopped from visiting our own temple. It's outrageous."

Eyebrows have also been raised at the scale of the security operation to guard the Hollywood star - some newspapers have described it as "presidential".

Reports say she is also using a bullet proof car and a helicopter for protection.

Up until now, the star of Erin Brockovich and Notting Hill has been seen as one of the West's most "Hindu-friendly" actors, even sporting a bindi spot during a visit to India earlier this year.

In Eat, Pray, Love, Ms Roberts plays a woman hoping to find herself in Hindu spirituality after experiencing a traumatic divorce.

The film is based on the novel of the same name by Elizabeth Gilbert.

Internal gloom may doom Bagan Pinang for BN - Malaysiakini

Political rivalry within Umno, MIC and MCA seems to be putting a serious damper in BN's attempt to break its by-election jinx of eight straight defeats suffered at the hands of Pakatan Rakyat in Peninsular Malaysia.

Political grudges, enmity and jealousy from the past and the present in Umno circles appear to be hounding former party vice-president Mohd Isa Abdul Samad (extreme left) in his bid to be selected as the BN candidate for the Bagan Pinang state by-election.

During the rise and fall of his political carrier in the party, Mohd Isa had crossed swords with many party political leaders and is now paying the price for his battles and duels with other party leaders as well.

Many senior party leaders are now using the past party corruption charge against Isa to denying him the opportunity to contest the by-election.

Mohd Isa was suspended for three years from June 24, 2005 for alleged money politics in the 2004 party elections.

The former Negeri Sembilan menteri besar was originally suspended for six years or two terms but this was reduced after he appealed.

Among political leaders who oppose Mohd Isa's candidacy are Gua Musang MP Tengku Razaleigh and former premier Dr Mahathir Mohamad.

Mohd Isa was once considered to be a blue-eyed boy of Mahathir.

But Mohd Isa, who heads the Umno Teluk Kemang division, seems to be the favourite candidate and was selected by his division to contest.

However, in his attempt to make a come-back, Isa faces stiff resistance from Umno leaders who want a greater variety in the number of candidates before a selection is made for the by-election.

Enemies in high places, past and present

The Bagan Pinang seat fell vacant following the death of Umno's Azman Mohd Noor, 55, on Sept 4.

A close friend of Mohd Isa told Malaysiakini today that the aspiring candidate has made many enemies in the party.

"Political grudges, enmity and jealousy seem to be the order of the day in Umno to prevent Isa from climbing up the party's political ladder through this state seat. These leaders should think objectively and not subjectively if they want BN to win the state seat," he said.

When told that Bagan Pinang is a safe seat for Umno, he disagreed.

"Nothing is considered a safe seat due to the prevailing political situation in the country."

"Party leaders must put party's interests before their own self interest, otherwise the seat may go to the opposition," he said.

He claimed that Razaleigh (left) was against Mohd Isa because the latter had supported Mahathir during the former's bid for the party president's post.

The source also claimed that there is a split in the state party as many of the members want Mohd Isa, upon winning the state seat, to replace the present Menteri Besar Mohamad Hasan as the state leader.

Mahathir had stated that if Umno is serious in eliminating money politics and corruption, it should choose a party candidate who is clean and not Mohd Isa to regain the support of the voters.

According to the source, now it seems that Mahathir is allegedly supporting Hasan to ouster Mohd Isa from the candidates list.

'MIC not confident of Indian vote'

According to the Election Commission records as of Sept 4, the Bagan Pinang constituency has 13,664 registered voters, including 4,604 postal voters, comprising 8,577 Malays (62.77 percent), 2,834 Indians (20.74 percent), 1,498 Chinese (10.96 percent) and 755 others (5.53 percent).

Nominations for the by-election has been set for Oct 3 and if there is a contest polling has been set for Oct 11.

According to a former MIC party leader, the Indian based party is having problems reaching out to the 2,834 Indian voters to win support for the BN in the coming by-election.

His advice is that MIC party president S Samy Vellu must not participate in this by- election as he is considered a liability when getting the Indian votes to swing to for the BN.

When contacted, former party vice-president M Muthupalaniappan (right) said that he has been side-lined by Samy in the party's attempt to win votes for the BN in this by-election.

However, Muthu, who claimed that he has the full support of the Indian community, said this will not discourage him from going to the ground to campaign for BN.

"(Premier) Najib (Abdul Razak) is trying to uplift the social economic status of the Indian community and as such I shall try my level best to ensure that BN retains this state seat," he reasoned.

Muthu had tried to contest against Samy Vellu for the party's top post but failed and now claims that he has since patched up with the president.

But his recent failure to secure a Central Working Committee seat in the recent party's election on Sept 12, says otherwise as he is still considered as being sidelined by the party leadership.

MIC info chief: We've stood the test of time - Malaysiakini

Giving birth to new political parties is an easy task but nurturing and taking care of them is a different ball game altogether.

And this is why newly appointed MIC information chief P Kamalanathan believes that his party would be able to weather the storm while the rest fade into oblivion.

"It is easy to form a party but it is tough to maintain it. MIC has been around since 1946," he told Malaysiakini during a recent interview.

"I remember DMIP (Democratic Malaysian Indian Party) was formed in the 1980s by V Govindaraju but it was not sustainable.

"Similarly Hindraf is breaking up from within," he pointed out.

Kamalanathan, who is still co-ordinator of MIC's Putera wing, said his first task in his new role would be to ensure that the party is ready to face the new media and social networking sites.

"I am going to establish real communication between the party, members and BN government. A new public relations committee would be formed for party re-branding and damage control purposes.

"We would establish a new committee that would look into establishing media relations," added the 43-year-old public relations manager and part-time lecturer who joined MIC 25 years ago.

Delegates, not Dr M who decides

Meanwhile, the information chief also politely told former premier Dr Mahathir Mohamad to keep out of his party's affairs, especially concerning president S Samy Vellu.

While stressing that MIC looked up to Mahathir, he however reminded the 84-year-old statesman that it was the MIC delegates who decide who their leader should be.

"He has a right to give comments but party members are also clever enough to decide who they want as president.

"The president (Samy Vellu) is not going to seek re-election in 2012. Every party has its own way to resolve internal issues," he said.

Kamalanathan also defended MIC's decision to take action against former vice-president V Govindaraju on the grounds that he defamed Samy Vellu.

"You cannot hit people below the belt. You cannot defame another individual. Party elections do not give the right to defame someone," he added.

On the claim by Govindaraju that he assisted Samy Vellu to win in the party elections some three decades back by 'stealing votes', Kamalanathan wondered why the veteran never disclosed this before.

"What is his intention? Why didn't he say that when he was dismissed from the party in the 1980s?" he asked, adding that all claims must be substantiated with evidence.

MIC is contemplating filing a civil suit against Govindaraju.

Kamalanathan also added that the newly elected central working committee (CWC) members would hold their first meet on Sept 29, and S Subramaniam was on the agenda.

Subramaniam, who was defeated in the race for number two during the party's Sept 12 annual general meeting, was said to have brought a large number of outsiders, especially youths, to the event.

Subramaniam could be given the boot following the accusation that he had brought the party to disrepute.

'Thief shouting thief' over Buah Pala - Malaysiakini

Penang Chief Minister Lim Guan Eng today lashed out at Gerakan state chief Teng Hock Nan and accused him and Barisan Nasional of 'selling out' the Kampung Buah Pala villagers.

In a hard-hitting statement, he asked why Teng has not repented by apologising for his part in selling the land at such cheap rates without consulting the villagers?

Lim urged Teng and BN to provide proof or stop their "shocking lies" that the Pakatan Rakyat government finalised the village land deal and sold Kampung Buah Pala to Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang (Koperasi).

"No amount of false reports by their 'character assassins' will convince Penangnites that BN and the Gerakan government did not rob the villagers of their land," he said.

'Thief shouting thief'

Lim said the declassification of exco minutes on July 7, 2009 showed that the BN state government under then chief minister and Gerakan president Koh Tsu Koon were principally culpable for alienating the land twice to Koperasi in exco meetings on Aug 8, 2004 and June 8, 2005 without consulting the villagers.

"The land was alienated by BN at a ridiculously low land premium of RM10 per square feet (when the market rate then was at least RM50 psf) with unanimous support from all MCA, Gerakan, Umno and MIC state exco members including Teng.

"Teng never repented and apologised... and he is now blaming the Pakatan state government of robbing the villagers of their land, a classic case of 'the thief shouting thief'," he added.

After losing their land, Lim said the BN "land robbers" treated the villagers as illegal squatters with no rights to own their land.

The exco minutes showed that BN offered a RM75,000 flat unit to Kampung Buah Pala villagers.

Unlike BN, Lim said his state government treated them as landowners who were allowed to stay by the original British landlord nearly 150 years ago.

He said the Pakatan state government worked hard to compel the developer to offer a double-storey terrace house with 99 years lease to the residents worth RM600,000.

This successful compensation is widely recognised as the best in Malaysian history, he added.

'There's nothing we could do'

Lim explained that once the decision of the BN state exco was conveyed by approval letters for land alienation and development orders sent out to Koperasi and the developer, the state government was legally bound.

"There is nothing the new government can do. This was also affirmed by the Federal Court decision. The order for eviction and demolition was issued to the developer and not initiated by the state government," he added.

Lim challenged BN to deny that they had issued numerous letters of eviction to the villagers when they were in power.

In contrast, he said, the new state government never issued a single letter of eviction.

"Similarly until now BN or Teng cannot show prove that I promised that I would return the land back to the villagers during the general election as I did not even campaign there," he added.

On the same note, Lim asked: "If BN And Gerakan are so innocent, why is it that Koh (former CM) dare not take up his own challenge of an open public debate with me on national television?"

Lim said the only solution to saving Kampung Buah Pala was to forcibly acquire the land.

"However this would cost the state more than RM100 million, a sum 1.5 million Penangnites can not afford for 24 houses in Kampung Buah Pala.

"Unless of course Teng can write the cheque for the acquisition to redeem and atone for BN's mistake, which he has still not done so," he added.

Rule of law versus rule by law (UPDATED with CHINESE)

They may be so-called ‘legitimate’ laws. And they are ‘legitimate’ because the laws were passed by Parliament. But this just means Malaysians are being subjected to rule by law. There is a difference between rule by law and rule of law.

NO HOLDS BARRED

Raja Petra Kamarudin

Many are of the opinion I should not comment on religion because I am not learned enough in matters of religion to be able to comment. I suppose lawyers would also argue that I should not comment on matters of law since I never went to law school.

I also do not know how to cook. But I can damn well tell you whether the rendang and ketupat taste delicious or are rancid, notwithstanding the fact I could never cook a decent rendang even if my life depended on it. And, in that same context, I can’t sing a single note but I can certainly tell you whether the song is pleasant to listen to or is torturous to my ears.

Anyway, while the majority of us never went to law school, we can certainly ‘see’ injustice when we see it. We do not need for injustice to bite us on our sorry behinds to understand what injustice means.

No doubt, those who walk in the corridors of power would scream that Malaysia has laws and, therefore, as law-abiding citizens, we must respect the law. And if we do not ‘respect the law’ then we should face a future in jail.

Sure, Malaysia has laws. So does Afghanistan. Should we, therefore, not also respect the laws of Afghanistan instead of criticising the Talibans when they stone to death a teenage girl who was gang-raped because of her crime of ‘immoral behaviour’? Who are we to decide that this is wrong? It is, after all, the legitimate laws of that country, just like Malaysia too has ‘legitimate’ laws which the powers-that-be do not want us to criticise.

They may be so-called ‘legitimate’ laws. And they are ‘legitimate’ because the laws were passed by Parliament. But this just means Malaysians are being subjected to rule by law. There is a difference between rule by law and rule of law.

We shall continue this discussion later. However, before we do, first of all understand what is meant by rule of law. And once we understand this we can then enter into an unemotional and intelligent discussion as to why some Malaysian laws, although they may have been legally passed by Parliament, need to be opposed. The legality of these laws is just one aspect. The more important point that needs to be debated is whether these laws violate the Federal Constitution of Malaysia, which thereby subject Malaysians to rule by law instead of rule of law.

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Rule of law - Definition

The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. The principle is intended to be a safeguard against arbitrary rulings in individual cases.

Generalities

Perhaps the most famous exposition of the concept of rule of law was laid down by Albert Venn Dicey in his Law of the Constitution in 1895:

When we say that the supremacy or the rule of law is a characteristic of the English constitution, we generally include under one expression at least three distinct though kindred conceptions. We mean, in the first place, that no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. ...

... every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen. The Reports abound with cases in which officials have been brought before the courts, and made, in their personal capacity, liable to punishment, or to the payment of damages, for acts done in their official character but in excess of their lawful authority. [Appointed government officials and politicians, alike] ... and all subordinates, though carrying out the commands of their official superiors, are as responsible for any act which the law does not authorise as is any private and unofficial person.

-- Law of the Constitution (London: MacMillan, 9th ed., 1950), 194.

Thus, those who make and enforce the law are themselves bound to adhere to it.

The concept "rule of law" is generally associated with several other concepts, such as:

* Nullum crimen, nulla poena sine praevia lege poenali - No ex post facto laws

* Presumption of innocence - All individuals are "innocent until proven otherwise"

* Double jeopardy - Individuals may only be punished once for every specific crime committed. Retrials may or may not be permitted on the grounds of new evidence. See also res judicata.

* Legal equality - All individuals are given the same rights without distinction to their social stature, religion, political opinions, etc. That is, like Montesquieu would have it, "law should be like death, which spares no one."

* Habeas Corpus - A Latin term meaning "you must have the body". It is a component of the Magna Carta which ensures the right of the person being arrested to know what evidence the arresting body has against them. A writ of habeas corpus is a court order that commands the custodial authority to present the arrested/detained person before a judge or court to determine the validity of the arrest. Its purpose is to help curb unlawful detainment by ensuring that anyone arrested or detained is entitled to a court appearance within a reasonable amount of time (normally within 48 hours of the arrest).

The concept of "rule of law" per se says nothing of the "justness" of the laws themselves, but simply how the legal system upholds the law. As a consequence of this, a very undemocratic nation or one without respect for human rights can exist with or without a "rule of law", a situation which many argue is applicable to several modern dictatorships. However, the "rule of law" is considered a pre-requisite for democracy, and as such, has served as a common basis for human rights discourse between countries such as the People's Republic of China and the West.

The rule of law is an ancient ideal of first posited by Aristotle as a system of rules inherent in the natural order. It continues to be important as a normative ideal, even as legal scholars struggle to define it. The concept of impartial rule of law is found in the Chinese political philosophy of Legalism, but the totalitarian nature of the regime that this produced had a profound effect on Chinese political thought which at least rhetorically emphasized personal moral relations over impersonal legal ones. Although Chinese emperors were not subject to law, in practice they found it necessary to act according to regular procedures for reasons of statecraft.

In the Anglo-American legal tradition rule of law has been seen as a guard against despotism and as enforcing limitations on the power of the government. In the People's Republic of China, the discourse around rule of law centers on the notion that it will ultimately enhance the power of the state and the nation.

While there is a consensus both in China and the West that rule of law is a good thing, this is not a universally accepted truth. Some communist governments, including China during the Cultural Revolution, have been at least partially negative toward the idea of rule of law, arguing that it interferes with class struggle. Furthermore, rule of law is opposed in many authoritarian and totalitarian states. The explicit policy of those governments, as evidenced in the Night and Fog decrees of Nazi Germany, is that the public should be constantly in fear of the government.

http://www.wordiq.com/definition/Rule_of_law

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The above definition of rule of law shows that Malaysia does not adhere to certain principles like no double jeopardy (where you cannot be punished twice for the same crime), no detention without trial (where you need to be put on trial and be found guilty before you can be sentenced to jail), your right to Habeas Corpus (where you must be produced in court and be told of the crime you are alleged to have committed), your right to legal representation, your right to defend yourself in court, and whatnot. The fact that the laws are passed by Parliament and therefore this allows the Malaysian government to violate your fundamental rights do not make these laws right. And the fact that the laws also violate the Federal Constitution makes it even worse.

In fact, there are certain Articles in the Federal Constitution of Malaysia that are ambiguous because they violate or contradict other Articles. While one Article says you can’t do this, another Article says you can. And this was how the unconstitutional laws were passed and made ‘legal’.

In the past, it was believed that the King of England was appointed by God. Therefore, if you criticise the King, this is considered seditious because then you are then criticising God. And if you are ruled to have acted in a seditious manner then the government will cut off your ears. This was the law. So it was ‘legal’ to cut off the ears of those who criticised the King. But that does mean it was right even though at that time it was ‘legal’.

Read what Datuk Zaid Ibrahim has to say about the issue of rule of law:

There are many who see the promotion of human rights as a threat to order and security and inconsistent with stability and public order. Others see it as detracting from more pressing economic issues which, they argue, should take precedence. Some have argued that because we have different cultural values, the concept needs to be modified and that it is necessary for us to be very selective of the kind of human rights we can have.

But let us be clear. Human rights do not challenge social stability and development. On the contrary, human rights promote these ideals by recognising the value and importance of each and every individual in society. What human rights do challenge is authoritarianism.

Human rights are not and have never been a luxury wish list; they are not about promoting the rights of the individual without regard to the rights of the community. They are not about promoting selfish individualism as some would have us believe. They are about treating people with respect, with due regard to the due process of the law.

If we have no capacity to respect the dignity and the rights of one individual, then be assured that we will also have no capacity to respect the dignity and the rights of many.

The rule of law has no meaning if judges are not prepared to enter the fray in the struggle for the preservation of human rights and fundamental liberties. Supreme Court judges in other jurisdictions have done so time and again. Though it is far less difficult to accommodate the will of the government, that must be resisted at all costs, particularly where justice so demands. Only then can we say that Malaysia is grounded on the rule of law.

To all our judges I say discard your political leanings and philosophy. Stick to justice in accordance with the law. As Lord Denning reminded us, justice is inside all of us, not a product of intellect but of the spirit.

Your oath is to the Constitution; shield yourself behind it. Without your conviction, democracy is but a concept.

Datuk Zaid Ibrahim

Translated into Chinese at: http://ccliew.blogspot.com/2009/09/blog-post_23.html

‘Third force’ behind redistribution of sex DVD

by Giam Say Khoon, The Sun Daily

The sex DVD featuring suspended MCA deputy president Datuk Seri Dr Chua Soi Lek has resurfaced just before the extraordinary general meeting (EGM) on Oct 10, bringing the party's internal conflict to another level.

An unknown "third force" is said to be redistributing the DVD to fuel the anger of Chua's supporters against party president Datuk Seri Ong Tee Keat.

The DVD is allegedly being distributed to the central delegates as well as some Barisan Nasional leaders.

In a statement today, MCA non-governmental organisation liaison bureau chief Datuk Ti Lian Ker said there is a "hidden hand" in the DVD issue that has damaged MCA as a credible political party.

"The DVD incident is an incident of the past and Chua has been an unfortunate victim of these unseen hands rendering him a liability to the party. The DVD is a blemish of the past and ought to be cast out and not continue to last," he said.

"MCA members must not be distracted with the re-emergence of the DVD by a third force calculated to instill maximum damage to the party and arousing the anger of Chua's sympathisers against Ong."

Ti said the central committee had recognised that Chua had discharged his duty well in the past and there was no necessity to embarrass him any further.

He said the party is faced with a leadership conflict as a result of the DVD incident. The re-emergence of the DVD is another move by unseen hands to incite emotions, anger and hatred among the members to embarrass Chua, calculated to put the blame on the present MCA leadership.

"There is indeed a third force from within the party intending to exploit and inflict maximum damage to the personality and credibility of both Ong and Chua with little or no love for the party," he said.

"Their apparent motive is obvious, to dislocate and uproot Ong's leadership of the party and to damage Chua permanently. The ultimate effect of an angry MCA will result in the party being shattered permanently and whoever leads the party subsequently will be a lame duck."

Ti said the third force wanted to control MCA's leadership for its personal motive and agenda.

He said the disagreement from within the party had rendered them an opportunity to "kill two big birds with one stone".

The delegates must be wary of the unseen hands "manipulating the events leading to the ultimate destruction of the party's image and dignity".

He also warned that there will be further manoeuvres by the third force to provoke the emotions and sentiments of the delegates in the coming days preceding the EGM.

"We are at a crossroads whereby the rationality, sensibility and the maturity of all the delegates have been taken to task," he said.

"Once again, I call upon and appeal to all the MCA delegates to maintain their cool and exercise prudence and due diligence in exercising their vote on the coming EGM. We must emerge stronger and not end up in tatters. It is time to unite for the larger and longer interest of the party's struggles and its unfinished agenda."

Pro-Chua EGM action committee chief coordinator Datuk Seri Tan Chai Ho said the re-emergence of the sex DVD was expected but he disagreed that it was the work of a third force.

"The circulation of the DVD did not just happen once. We have told the delegates that this is going to come. The talk of an involvement of a third force is just a diversion."

Tan said the distribution of the DVD will be ineffective against Chua.

‘MCA conflict won’t dent BN hopes in by-election’

Written by Yong Min Wei, The Edge

The conflict between the MCA president and his deputy is expected to come to a head at the party’s extraordinary general meeting (EGM) on Oct 10, but a senior official thinks it will not dent Barisan Nasional’s (BN) standing with some 1,500 Chinese in the Bagan Pinang by-election, whose votes may be crucial at the ballot the following day.

MCA central committee member Datuk Ti Lian Ker said the Chinese in Bagan Pinang were more concerned with bread-and-butter issues, Chinese educational matters and the prime minister’s general policies rather than with political polemics.

He said the Chinese in the primarily urban constituency would appreciate that the government had been more accommodative towards the economic well-being of non-Malay communities by lifting the 30% bumiputera equity. They are also happy that there are now bigger allocations to build vernacular schools.

“Datuk Seri Najib Razak has brought in a positive vibe since taking over the premiership. There have been no sensitive issues his administration had introduced,” Ti told The Edge Financial Daily on Sept 23.

According to him, the MCA Teluk Kemang division under which Bagan Pinang falls, has not shown any indication whether it would support president Datuk Seri Ong Tee Keat or suspended deputy president Datuk Seri Dr Chua Soi Lek, so the MCA conflict should be a non-issue during the by-election campaign.

“MCA has always campaigned with one voice in any election... The local Chinese leadership will be able to deliver,” said Ti, who is also MCA NGO liaison bureau chairman.

Expressing confidence that MCA has a strong base of voters in Bagan Pinang, he however felt that should there be media hype and sensationalisation over the MCA conflict leading to polling day, the Chinese voters could be disheartened and end up either not coming out to vote or voting in protest.

“If every day during the campaigning period the MCA conflict is front-paged, then the general mood of the Chinese voters would be different,” said Ti, a former three-term state assemblyman.

Last week, MCA announced it will convene an EGM on Oct 10 to solve a crisis plaguing the party following the sacking of Chua. However, the party central committee had over the weekend overturned the sacking, in favour of a four-year suspension.

The by-election for the Bagan Pinang state constituency is anticipated to be another fierce face-off between BN and Pakatan Rakyat (PR). Some political analysts opined that the battle would favour BN as it would be an uphill task for the opposition pact to overturn the 2,333-vote majority obtained last year by Umno’s Azman Mohammad Noor on a backdrop of PR showing signs of cracks in a couple of states under its control.

An analyst said BN’s choice of candidate would be critical to ensure whether it would win big in Bagan Pinang, adding that Najib’s strong approval ratings coupled with some goodies expected to be thrown in and support of the majority of the 4,000-odd postal voters would force PR to do plenty of catching up.

Bagan Pinang has 13,664 voters of whom 8,577 or 62.77% are Malays, 1,498 (10.96%) Chinese, 2,834 (20.74%) Indians and others 755 (5.54%). The figure includes 4,604 postal voters.

The opposition, however, is not impressed. “Nobody cares about MCA. Did you read the latest online news?” said Negri Sembilan opposition leader Anthony Loke when contacted.

He said the MCA conflict had virtually no bearing on the Bagan Pinang by-election and that PR would want to reach out to the voters en masse with a combination of national and local issues, including the Port Klang Free Zone scandal, death of political aide Teoh Beng Hock and the Perak political impasse, to ride on.

Loke pointed out that the by-election would be a platform to advise voters on the higher cost of living in Negri Sembilan, as the DAP had received numerous complaints that household water bills in the state have surged following the corporatisation of the Negri Sembilan Water Supply Department early this year.

“There has been no increase in water tariffs but many have complained that their water bills have gone up quite high,” said Loke, who is also Lobak assemblyman and Rasah MP.

“Every voter is a king-maker and it is our duty to bring to the attention of the voters any shortcomings in the governance and delivery system of the state,” he added when asked if the DAP would mainly concentrate on the Chinese voters.

Prior to the death of the Bagan Pinang assemblyman, BN controlled 21 of the 36 seats in the Negri Sembilan state legislative assembly, while PR has 15. The Election Commission has fixed Oct 3 for nomination and Oct 11 for polling in the event of a contest.

IGP denies saying minister to be grilled over PKFZ leak

UPDATED

KUALA LUMPUR, Sept 23 – Inspector General of Police Tan Sri Musa Hassan tonight denied a Bernama news report that quoted him as saying that a minister or ministers would be called up to assist in the probe on the leakage of the Cabinet Paper on the Port Klang Free Zone issue.

Police Assistant Director of Management for Public Affairs ACP Lai Yong Heng said in a statement that Musa had at no time mentioned that a minister or ministers would be called up for that purpose at a function at the Ampang Jaya police district headquarters earlier today.

“What he (Musa) said was that witnesses or individuals will be called up to assist in the investigations and have their statements recorded,” he said.

Police are expected to haul up those believed to have been involved in the leaking of the Cabinet Paper on the PKFZ issue.

The purported Cabinet Paper posted on a website regarding the RM12.5-billion PKFZ project had incurred the wrath of Prime Minister Datuk Seri Najib Tun Razak, who denounced the act, because such documents are covered by the Official Secrets Act (OSA).

The 18-page Cabinet Paper is purportedly a memorandum by the Finance Ministry in June 2007 to seek the Cabinet’s approval to retrospectively approve a RM4.6-billion soft loan to fund the PKFZ project.

The Bernama report released earlier in the day, quoting Musa, said a minister is expected to be among a number of individuals to be hauled up by police for questioning, in connection with the leaked Cabinet papers on the Port Klang Free Zone (PKFZ) case.

“Police will call those believed to be involved, including a minister,” the national news agency quoted the IGP as telling reporters after visiting the Ampang Jaya police headquarters here today. – Bernama

Still sore over cow head, Section 23 Indians to root for PAS in Bagan Pinang

By Neville Spykerman - The Malaysian Insider

SHAH ALAM, Sept 23 - Indian residents of Section 23 here and from other parts of the Selangor capital intend to ensure the cow head protest against the relocation of a Hindu temple here, is “prominently featured” in the upcoming Bagan Pinang by-election.

Plans are under way to get the residents, who are still smarting over how the protest was orchestrated by politicians, to campaign on the side of PAS.

Some 20 per cent of the voters in Bagan Pinang in Negeri Sembilan are Indians and could prove crucial in a close contest.

“We will remind the Indians in Bagan Pinang what happened to the community here,” said resident K Raja, a draughtsman.

His remarks appear to suggest that Indians in Section 23 and in other parts of Selangor are blaming Umno for the cow head protest which caused race tensions and has resulted in a number of individuals charged for sedition.

On August 30, about 50 Malay-Muslim protestors marched to the state secretariat here after Friday prayers and desecrated a cow’s head to demonstrate their intolerance over plans to relocate a 150-year-old temple to Section 23.

Police allowed the protest to proceed, despite the fact that the animal is considered sacred by Hindus, but later bowing to public pressure, six men were charged for sedition and illegal assembly while another six for illegal assembly.

However the less than swift action against the protestors, who also disrupted a town hall meeting held by the state government to resolve the issue, has led to allegations of double standards by the federal government.

Raja said that besides a word-of-mouth campaign, plans are also afoot to distribute brochures about the incident during the Bagan Pinang campaign.

“So far, we have about five residents who are keen on going but we expect others to join us.”

He said the residents will join a bus load of others from the community, who intend to be in Bagan Pinang on nomination day.

Other residents who declined to be name told The Malaysian Insider that they were still very hurt over what had happened and are intent on repaying UMNO during the by election.

“We know PAS is facing an uphill task because of the postal votes but we will ensure they get the votes from the Indian community,” said one resident.

The trip to Bagan Pinang is being organised by the PAS supporters club of Shah Alam, who intend to fill a bus and several cars with supporters.

“We also have others things to tell the Indian voters there besides the cow head protest.” said club chairman N Nathan, without elaborating.

Guan Eng on warpath to clear name over Kampung Buah Pala

Police stand guard as Kampung Buah Pala residents try to present workers of the developer from demolishing their homes earlier this month. — File pic

By Lee Wei Lian- The Malaysian Insider

PENANG, Sept 23 — Penang Chief Minister Lim Guan Eng has gone on a fresh offensive in a bid to clear the name of the present administration over the contentious sale of land in Kampung Buah Pala on the island.

Lim today challenged former Barisan Nasional (BN) state executive councillor Datuk Dr Teng Hock Nan to show proof of his claim that the Pakatan Rakyat state administration had finalised the deal and accused the previous BN state government of selling the Kampung Buah Pala land at cheap rates and without consulting the residents.

The DAP secretary-general also questioned former Chief Minister Tan Sri Dr Koh Tsu Koon for not daring to appear on a televised debate on national television.

Lim and Teng have been trading barbs over which party is responsible for the land transaction which resulted in a standoff between residents and the state over the issue of compensation.

"BN and Gerakan, especially Datuk Dr Teng Hock Nan, must show proof or stop their shocking lies that the Penang Pakatan Rakyat government finalised the village land deal and sold Kampung Buah Pala to Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang," Lim said in a statement.

"No amount of false reports by their ‘character assassins’ will convince Penangites that BN and Gerakan government had not robbed the Kampung Buah Pala residents of their land."

Lim also referred to declassified minutes of state executive council meetings in 2004 and 2005 and said it showed that the previous BN state administration were the ones who were responsible for alienating Kampung Buah Pala land to the cooperative twice in the state executive council meetings on Aug 18, 2004 and June 8, 2005, without consulting the residents.

Teng had in July said that the Penang government had concluded the land title to the cooperative 19 days after winning in the March 2008 general election by signing a transfer letter to the cooperative on March 27, 2008, instead of making a decision to abort the deal.

Lim says the PR government has got better compensation for the villagers.

The chief minister said however that the state was legally bound once the decision of the BN state executive council had been conveyed via approval letters for land alienation and development orders sent out to the cooperative and the developer.

"There is nothing the new PR government can do as it is bound by the decisions approved by BN. This was also affirmed by the Federal Court decision. The order for eviction and demolition was issued to the developer and not initiated by the state government," said Lim.

He noted that the meeting minutes, a video clip of then Penang Deputy Chief Minister Datuk Abdul Rashid Abdullah witnessing the signing ceremony with the developer, and letters by the Land Office to the developer in 2007 were proof that Teng was wrong in his assertions.

Lim also said that by blaming the PR state government of "robbing" the Kampung Buah Pala residents of their land, Teng was committing a case of “the thief shouting thief”.

The issue was finally settled on June 24 when the court ordered Kampung Buah Pala residents to evacuate the village to allow the landowner and the developer, Nusmetro Ventures Sdn Bhd, to start work on the site.

Twenty-two residents agreed to accept an offer of compensation from the developer of a double-storey house and RM8,000 in moving expenses.

Lim noted that the present state government had managed to improve the compensation secured by the previous administration of a RM75,000 flat to a RM600,000 double-storey landed property.

Kugan’s Mother: A.G Refuses to prosecute Police Criminal, It’s 8 month now.

SETIAUSAHA SULIT KEPADA

DYMM SERI PADUKA BAGINDA YANG DIPERTUAN AGONG

Istana Negara

Kuala Lumpur.

Tuan,

PER: PENYERAHAN MEMORANDUM KEPADA DYMM YANG DI PERTUAN AGONG

Kami dengan rendah hati merujuk kepada perkara di atas.

Kami bercadang untuk menghantar suatu Memorandam kepada DYMM Yang Dipertuan Agong mengenai kes pembunuhan kejam seorang rakyat bernama Kugan a/l Ananthan pada 20.1.2009 oleh pihak polis.

Dimaklumkan bahawa sehingga hari ini pihak kerajaan dan/atau Peguam Negara dan/atau Ketua Polis Negara gagal mengambil tindakan sewajarnya ke atas pembunuh-pembunuh Kugan a/l Ananthan.

Kami bercadang menyerahkan Memorandum tersebut pada Sabtu 26.9.2009 jam 11 pagi di Istana Negara.

Kami dengan rendah hati memohon supaya perkara ini dapat dibawa ke perhatian DYMM Yang Dipertuan Agong.

Kerjasama pihak tuan amat dihargai.

Sekian, terima kasih.

Where's Penang's heritage money?

By Ding Jo-Ann
thenutgraph.com

	"The Government will provide an allocation of RM50 million for conservation works of heritage sites in Malacca and Penang, to support activities undertaken by non-governmental organisations (NGOs) and [the] private sector."

Tun Abdullah Ahmad Badawi during his 2009 budget speech in Parliament. The former prime minister, who was also finance minister, referred to Malacca and Georgetown's joint listing as Unesco World Heritage Sites in July 2008 as a reflection of "global recognition of our rich and diversified cultural heritage". (Source: Full Text of PM's Budget Speech, The Malaysian Bar, 29 Aug 2008)

	"Malacca, which was inscribed as a Unesco World Heritage Site together with Georgetown last year, has already received the RM25 million allocation (from the Information, Communications and Culture Ministry) but Penang did not receive anything."

Penang Chief Minister Lim Guan Eng urging the federal government to release Penang's portion of the RM50 million allocated under the federal budget. Lim said that the money was needed to implement conservation programmes.

Penang also needs to submit a special area plan to the World Heritage Committee by 1 Feb 2011. This will likely be followed by a Unesco inspection of the two sites to review their status. (Source: Release promised funds, Lim urges federal govt, theSun, 3 Sept 2009)

Earlier this year, Georgetown and Malacca risked being downgraded from its joint heritage status due to the approval of four high-rise buildings in Georgetown's heritage area.

	"There has been a misconception; there is no allocation in that matter...It was within the purview of the Heritage Department to spend some money for repairs [in Malacca] and certain basic administrative costs...it will be on the same basis [for Penang] but now our financial situation is not good, so we cannot allocate this year."

Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim denying that any money was ever allocated to Georgetown for conservation. Rais claimed that the ministry had done conservation work in Malacca but had not granted the state any cash. (Source: RM25 million grant for Penang "does not exist", theSun, 10 Sept 2009)

	"Penang is not getting the treatment it deserves."

Lim, lamenting that the federal government has undertaken only nine conservation projects in Penang as compared to 49 in Malacca. (Source: George Town's new heritage predicament, theSun, 10 Sept 2009)

	"If there is no RM50 million as promised, it shows the federal government does not care about the heritage status and does not value Unesco's recognition."

Lim's office, upon hearing that Rais had denied that any money was allocated to Georgetown and Malacca. (Source: RM25 million grant for Penang "does not exist", theSun, 10 Sept 2009)

	"Since the money has already been given to Khazanah, I hope the Federal Government will consider giving the state government RM25mil for our conservation projects."

Penang local government, traffic management and environment committee chairperson Chow Kon Yeow. Finance Minister II Tan Sri Nor Mohamed Nor Yakcop had told Chow and Lim on 17 Sept 2009 that the RM25 million had been given to Khazanah Nasional, despite Rais's earlier claims. Chow said that ideally, the money should have been channelled to the Penang government as custodians of the state. (Source: Money for Unesco site with Khazanah, The Star, 20 Sept 2009)

Jangan Diskriminasikan Prajurit Kita!

Dari Yusmadi Yusoff

Semua warganegara mempunyai hak dan tanggungjawab yang sama di bawah Perlembagaan dan undang-undang Negara. Hanya Perlembagaan sahaja yang akan membenarkan keadaan-keadaan tertentu di mana sesuatu tanggungjawab perundangan boleh disempurnakan di dalam keadaan yang berbeza daripada tanggungan warganegara yang lain. Sejarah perundangan menunjukkan undi pos hanya dibenarkan di dalam beberapa keadaan tertentu yang tidak memungkin warga tersebut boleh mengundi seperti warga yang lain. Seperti tanggungjawab parajurit yang terlibat di medan perang seperti yang dilakukan pada tahun 1918 di England melalui Representation of the People Act 1918 yang berlatar belakangkan keadaan perang semata-mata di atas alasan “by reason of the nature of their occupation … from voting at a poll”.

Fasal 8 Perlembagaan Persekutuan dengan jelas menetapkan bahawa kesaksamaan semua di bawah undang-undang. Dengan mengenakan undi pos kepada warga dan kelompok tertentu tanpa alasan yang munasabah di bawah perlembagaan akan terjumlah kepada diskriminasi terhadap warga dan kelompok tersebut. Di dalam hal ini saya yakin ramai di kalangan warga dan kelompok tersebut seperti tentera dan polis yang tahu kan hak mereka mahu menunaikan tanggungjawab mengundi seperti mana warga yang lain tanpa sebarang diskriminasi oleh pihak SPR. Apatah lagi sekiranya ianya dibuat secara paksa dan bukanlah melalui pilihan warga tersebut.

Bagi mengelakkan berlakunya diskriminasi tersebut saya mencadangkan agar warga dan kelompok yang sebelum ini terpaksa mengundi secara pos dibenarkan untuk mengundi secara biasa ataupun diberi pilihan samada mahu mengundi secara biasa atau pun secara pos memandangkan keadaan semasa membolehkan mereka menunaikan tanggungjawab mereka seperti warganegara yang lain tanpa sebarang diskriminasi.

Di dalam hal ini saya berpendapat bahawa keadaan-keadaan yang membenarkan undi pos digunakan di Bagan Pinang tidak wujud untuk memberi alasan yang munasabah agar undi pos boleh digunakan. Saya tidak akan teragak-agak untuk membawa isu ini ke Mahkamah sekiranya SPR tidak mengambil tindakkan segera seperti yang dicadangkan iaitu memberi pilihan kepada warga dan kelompok yang didiskriminasi secara paksa untuk mengundi secara pos dan bukan dengankaedah undi secara biasa.

YUSMADI YUSOFF

Ahli Parlimen Balik Pulau

Palanivel Throws Succession Ball Back To Samy

KUALA LUMPUR, Sept 23 (Bernama) -- MIC deputy president Datuk G. Palanivel has thrown the ball back to party chief Datuk Seri S. Samy Vellu on when the long-serving MIC president will vacate the post.

"Many questions and pressures have been exerted on the transition of power in MIC. I have been working closely together with Datuk Seri S. Samy Vellu for many years now," he wrote on his blog on Wednesday.

"He has been preparing me for the top post for many years. In fact, during several campaign meetings he declared that I have experience, maturity and the capability to take over from him and lead the party," said Palanivel who retained his post at the recent MIC elections.

Since the polls, there has been no let up over how long Samy Vellu intends to stay after being returned unopposed for an 11th term.

It heightened further over the weekend with Prime Minister Datuk Seri Najib Tun Razak saying that he would discuss a successsion plan with Samy Vellu.

The outspoken MIC leader, who has been at the helm of MIC since 1981, said he was prepared to hand over the leadership of the party if Palanivel was ready.

"I'm certain he must have a good plan in his mind, especially after having supported me as the deputy presidential candidate for the second time in the Sept 12 elections. He will know when will be the best moment to hand over the reins," Palanivel said.

A former journalist who became Samy Vellu's press secretary before entering politics, Palanivel praised the MIC leader as "an iconic leader in Malaysian history" who had led the Indian community through some trying times.

"A lesser man would have perished long ago," he said.

Palanivel was confident that members would continue to support him after the crucial party elections in which an overwhelming majority of candidates backed by Samy Vellu won.

"The new leadership is made up of many new faces and the delegates have voted smartly by bringing in change where they saw fit. It is a good mix of experience and young blood," he added.

Minister who leaked classified Cabinet documents?

By Jeff Ooi,

UPDATED VERSION. It can only be mutually exclusive. Either the National Police Chief or the National News Agency had screwed up nationally.

In an about-turn within six hours, at 23:05hr today, Bernama over-ruled its own 17:08hr story by stating that there's no such thing as "a minister or ministers would be called up to assist in the probe on the leakage of the Cabinet Paper on the Port Klang Free Zone (PKFZ) issue".

Admission of cock-up at 23:05hr, September 23, 2009

The original Bernama story was picked up and distributed to thousands of readers by two major online news portals, Malaysiakini and Malaysian Insider. However, both had made swift corrections after the cock-up was confirmed.

Flip-flop or cover-up? It's eggs-on-the face for two national-level authorities as the nation now has to grapple with the burden of trusting the right source of information related to a big national scandal.

ORIGINAL POSTING

Let's assume the national news agency is accurate in its report about the behaviour of ministers in Najib's Cabinet.

Original Bernama story at 17:08hr, September 23, 2009

According to Bernama, timelined 17:08hr, Musa Hassan -- the expired Inspector-General of Police validated on second extended time -- disclosed that a minister is expected to be among several individuals to be hauled up by police for questioning in connection with the leaked Cabinet papers on the RM12.5 billion Port Klang Free Zone (PKFZ) scandal.

The purported 18-page 'Cabinet Paper' was posted on the RPK-run Malaysia-Today website last week.

It was claimed to be a memorandum issued by the Finance Ministry in June 2007, advising the Abdullah Badawi's cabinet to retrospectively approve a RM4.6 billion soft loan to fund the PKFZ project, making Kuala Dimensi Sdn Bhd the end-term beneficiary.

However, Musa did not reveal the name of the minister, or the individuals, who will be hauled up for investigation.

'Gua dah tahu!'

Interestingly, on September 19, Transport Minister Ong Tee Keat was quoted in Kwong Wah Yit Poh as saying that he had already known of the Cabinet leaks way before he became a minister. Read here.