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Tuesday, 21 September 2010

National integration with constitutional integrity

— Azzat Kamaludin (loyarburok.com)
Malaysian Insider


SEPT 20 — Our lives, attitude and outlook are formed by the encounters we experienced. I shall begin my discussion of this subject, by sharing with you two encounters that have so shaped me.

The first occurred after I passed out from the Royal Military College, then known as the Federation Military College. It was a college set up in 1953 by the then British High Commissioner to Malaya, Sir Gerald Templar. Its Charter was and is “Preparing young Malayans (now Malaysians) to take their places as officers in the Armed Forces, in the higher divisions of the Public Services and as leaders in the professional, commercial and industrial life of the country”. It was the second full boarding school to be established in the country.

The first full boarding school established on 2 January 1905 was the Malay College Kuala Kangsar, originally known as the Malay Residential School of Kuala Kangsar, it was conceived by the then Inspector of Schools for the Federated Malay States who in a letter to the Resident-General in February 1904 wrote about “establishing at a suitable locality in the Federated Malay States a residential school for the education of Malays of good family and for the training of Malay boys for admission to certain branches of Government service.”

I joined the Military College in Form 3, three years after Malaya became independent. After a few months of making friends I came to know Malays from Kota Baru, Besut and Kuala Lumpur; Chinese from Penang, Ipoh and Pontian; Indians, Sikhs and other races from Kuala Pilah, Seremban and Muar. Clearly the composition of students had been carefully constituted — there was not only geographical representation but also racial representation. I understood later that a racial quota was employed for admission to reflect the racial composition of the country then.

My two best friends when I left the College were a Chinese and a Sikh boy. As it happened, all three of us had decided to study law. We knew we could not pursue it without assistance from the State. I found that I had no problem whatsoever in obtaining a scholarship for my purpose. But it was not so for my two friends. Although there were scholarships for non-Malays, there was none for law. I tried to help them.

The mentri besar from the State that we all hailed from was married to my father’s sister. I prevailed on my father to take me to see him so that I could appeal to him to award scholarships to my two friends. I explained to the mentri besar that they came from very poor families. The father of my Chinese friend was not working as he was paralysed; the mother had had to take his place as a lawyer’s clerk. The father of my Sikh friend was a watchman; the mother worked at home. I knew the extent of their plight because we visited and stayed in each other’s house during the holidays. In fact I was in better circumstances than my friends as my father was an officer in the State Religious Department and my mother was a primary school teacher. To clinch my case I informed the mentri besar that they were both from Muar which was also his home town.

It was all to no avail. There was not to be any State assistance for them. They had to work and study their way through law school. They duly did; they became successful lawyers. And they have remained to live and be loyal to this country.

The second encounter occurred during my first Hari Raya in England. I went down to London to join in the celebrations. After the morning prayers at the Malayan High Commission, we had the option to join a coach tour to Woking to visit the mosque and the Muslim cemetery located there. The coach was full with students studying various subjects from different universities and colleges. Of course we were all Malays. I talked to the person seated next to me. In the course of it I said how fortunate that we could get scholarships to enable so many of us to study abroad and in various subjects. I also said that at some point in the future, when all of us graduated and worked we should be able to afford to pay for our own children’s education; that at that point we should consider reviewing the special status with respect to the obtaining of scholarships as such a need would have withered away. Almost as soon as I said that, a student who was sitting behind me and had obviously been listening, came forward and berated me for saying such a thing. I was accused of forgetting my roots, ignorance of the history of the country and the plight of the Malays.

My attempt to argue in reply was to no avail. He could not see how we can talk of doing away with state assistance — it was a right that we are entitled to and must remain for all time. He was duly called to the English Bar and upon returning, practised law in a northern state. He later served, if I am not mistaken, two terms as a member of parliament. Our paths did cross twice but they were not of any moment to the subject that we are about. Suffices it to say, that on both occasions he did not seem to remember the encounter.

The encounters took place about 45/46 years ago. I am sure that many who were born between the second World War and August 31 1957 will have had some such encounters or similar experience. Although I did not know it then, the encounters were enabled by Article 153 of the Federal Constitution. Set out under Part XII headed “General and Miscellaneous” the Article is entitled “Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak.”

Because it underlies so much of the debate raging publicly and privately now, especially now, about what this country is and where it is headed, I think it is useful to set it out in full:

(1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article.

(2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or licence for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licences.

(3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions.

(4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

(5) This Article does not derogate from the provisions of Article 136.

(6) Where by existing federal law a permit or licence is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

(7) Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.

(8) Notwithstanding anything in this Constitution, where by any Federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation:

(a) deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or

(b) authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or

(c) where no permit or licence was previously required for the operation of the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.

(8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

(9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak.

(9A) In this Article the expression “natives” in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A.

(10) The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article.

The other provisions of the Constitution relevant to Article 153 are:

*Article 136 (as provided in Clause 5 of Article 153). Headed “Impartial treatment of Federal employees”, it stipulates that “All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be treated impartially.”

*Clause 4 of Article 10. In providing for the “Freedom of speech, assembly and association” Article 10 also provides that Parliament may by law impose restrictions on the rights conferred; in respect of the right to freedom of speech and expression, Clause 4 allows Parliament, in the interest of the security of the Federation of any part thereof or of public order, to pass laws “prohibiting the questioning of any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III, Article 152, 153 or 181 otherwise than in relation to the implementation thereof as may be specified in such law.”

*Clauses (3) and (5) of Article 159 which entrenches Article 153 and Clause (4) of Article 10 by requiring two-thirds of both Houses of Parliament and consent of the Conference of Rulers for any law to amend them.

*Article 40 is referred to in Clause (2) but since it is merely to provide for the Yang di-Pertuan Agong to act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet in the exercise of his functions under the Article, it seems to be little consequence. But if one takes the view, as judges are wont to do, that every word, phrase in a law, must be intended by the framers to mean something, then the qualification “but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet” should mean something. I would think that at the least it should mean that the Yang di-Pertuan Agong would be entitled to ask for the basis – the facts and figures – upon which recommendations by the Cabinet for directions, instructions or authorisations in pursuance of the “special provisions” contemplated by Article 153 are founded so as to satisfy himself that both “the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities are safeguarded.”

Save for the amendment to include the “natives of any of the States of Sabah and Sarawak” on the formation of Malaysia, the Article in the main, remains as it was when the Constitution came into force. It is an acknowledged fact that the provision of Article 153 was the principal quid pro quo for the Articles under Chapter 1 headed “Acquisition of Citizenship”. The constitutions of countries with diverse ethnic, tribal or geographical groups, are invariably the result of compromise. There is therefore nothing special in the fact that our Federal Constitution embodies the compact of the people of Malaya at that time.

As Constitution, it is more than just the supreme law of Malaysia. It is also more than just the framework for the organisation of the Government of Malaysia and for the relationship of the federal government with the states, citizens, and all people within Malaysia. As Tunku Abdul Rahman, the chief minister then and the first prime minister, in his speech delivered to the Federal legislative Council on 10th July 1957 to adopt the Constitutions said (and I have taken this as quoted by Tommy Thomas in his article in 2005):

“…there can, I consider, be no doubt whatsoever that these Constitutions will provide the independent Federation of Malaya with a firm foundation on which the people of this country can build a great and prosperous nation.”

The fact that we meet today and I to discuss a topic entitled “National Integration with Constitutional Integrity”; that today we have to speak of 1Malaysia, even as some speak of ketuanan Melayu, that today one citizen can tell another that he is a pendatang or to balik cina, speak volumes of our failure to build upon that firm foundation so proudly planted 53 years ago and extended 47 years ago. The failure is not in the provisions but in their interpretation and in the abuse of their application by those on the fringes of the political parties that we have – be the political parties be organised and based on communal lines or otherwise.

As if the ever widening racial divide is not enough, the political leaders and parties have added to it the element of religion. As I see it, religion, although of course important to the citizens of Malaysia diverse as we are in faith as we are in race, was not much of an issue until September 2001. True we have a political party based on the Islamic religion with an avowed aim of making of Malaysia an Islamic state. But given the composition of the population even the PAS knew that it was an aim to win votes than an achievable objective. It is also true that Clause (1) of Article 3 Part I of the Constitution states that:

“Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.”

But it is also true that if the proviso is not clear, Clause (4) of the Article states:

“Nothing in this Article derogates from any other provision of this Constitution.”

And “any other provision of this Constitution” must surely include Part II entitled “Fundamental Liberties under which is Article 11 entitled “Freedom of Religion”, Clause (1) of which provides:

“Every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it.”

The right includes managing its own religious affairs; establishing and maintaining institutions for religious or charitable purposes; and acquiring and owning property and holding and administering it in accordance with law.

The limitation of the right, if you want to call it that, in clause (4) is that State law or Federal law, as the case may be, may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam – a paternalistic provision intended presumably to protect those professing the religion of Islam from being converted to other faiths or beliefs. But are Muslims of Malaysia so feeble of faith or feeble of mind that they need to be protected?

Those are the salient provisions of the Constitution regarding religion and Islam. Nowhere is there a provision or statement that the Federation is an Islamic State. As far as I understand the representations and deliberations which led to the formulation found in Clause (1) of Article 3, none intended that thereby Malaya is an Islamic State. If at all, all who argued for such a statement to be included were at great pains to point out that they did not intend that Malaya is an Islamic State. The Constitution itself in providing for inter alia, a federation of states, a Westminster-style Parliament, the sovereignty of the Sultans, the fundamental liberties of citizens is not a constitution of an Islamic State. And to be sure the highest judicial body in Malaysia, the body that is entrusted with interpreting the Constitution, has in a number of cases in no uncertain terms, rejected the contention that Malaya or Malaysia is an Islamic State. (As a side note, the irony in most of the cases where the contention was advanced, it was advanced by a defendant trying to escape the stipulations of the penal code.)

Yet in 2001 the then prime minister in his opening address to the Gerakan Party’s national delegates conference, said that “Umno wishes to announce loudly that Malaysia is an Islamic country”. It is a measure of the respect that Umno has for the judiciary that the prime minister went on to say “that this is based on the opinion ofulamaks who had clarified what constituted an Islamic country.” It was just as loudly disputed by the PAS and exhaustively disputed in a 20 page article by Tommy Thomas in the article which I have referred to.

In a mature country whose citizens are aware of their Constitution such an announcement would be clearly seen as an Umno ploy to pull the Islamic state carpet from under PAS. And we probably would not have heard of it any more. But as with all religion there is always those with a holier than thou attitude and in Malaysia Muslims seem to have more than our fair share. The result is that now hardly a week passes without an ulamak or an ustaz declaring that eating this or doing that or dressing like this or wearing that is haram or not Islamic.

And that does not include what is not loudly announced.

The other day I visited a sick friend in hospital. A Malay and a Muslim, he was at the Military College after I had left. He asked me whether I knew that the college bell that had hung next to the dining hall and used to summon students for lunch, dinner and whenever else students were required to assemble had been removed on the advice of an ulamak. It should be easy for you to guess the reasoning of the ulamak. My friend and I did not know whether to laugh or cry.

It is no laughing matter though when the measures taken in the name of religion keep or drive people apart. Acrimony and animosity of religion and race will destroy the firm foundation that our founding fathers built. In recent years they have increased, are increasing and ought to be diminished.

How it may be diminished is what this convention will be discussing. Bickering about what bargain was made, what kind of state are we in, who does this country belong to or who belongs to this country is sterile.

For my part, with the encounters of the past in my mind as if it were yesterday, I believe that we must begin by acknowledging that our Constitution clearly intends, and as the composition of its citizens dictate, that we build a multi racial, multi religious and a multi cultural nation. Education in racial isolation will keep the races apart. I believe that to make this country a nation, we must educate the young together, that they may know one another and learn to trust one another. Our fathers compromised to fashion a common front to face down the colonial power and make this an independent country. We must now fashion a new compromise within the provisions of the Constitution if we are to build a nation. I suggest that it is a hindrance not a help to invoke or apply concepts such as traditional or indigenous elements no matter what they may be, to understand the provisions of the Constitution. I believe we can, with the provisions of the Constitution properly understood, honestly interpreted and applied with the objective of nation building, build “a great and prosperous nation”.

In 1975, in the case of Loh Kooi Choon v. Government of Malaysia [1977] 2 MLJ 187, Raja Azlan Shah FJ (as His Royal Highness then was), (as quoted in the recent 2009 case of Dato’ Seri Ir Hj Mohammad Nizar Jamaludin v Dato’ Dr Zambry Abd Kadir) said in delivering the judgment of the Court:

Whatever may be said of other Constitutions, they are ultimately of little assistance to us because our Constitution now stands in its own right and it is in the end the wording of our Constitution itself that it is to be interpreted and applied, and this wording can never be overridden by the extraneous principles of other Constitutions — see Adegbenro v. Akintola & Anor. Each country frames its constitution according to its genius and for the good of its own society. We look at other Constitutions to learn from their experiences, and from a desire to see how their progress and well-being is ensured by their fundamental law.

Provisions of a law are either amended to better meet the circumstances of the times or repealed because they have served the need and purpose of the times. But it is not always necessary to repeal a provision that has served its purpose. Such a provision should be retained to remind future generations how their forefathers resolved the problems of their time. I suggest that Article 14 (1) (a) of the Federal Constitution if not already, will in time, be one such provision.

And I would like to think that one day the provisions that enabled my encounters would be another such provision, that those who have been served by it will say “I have no need for it”.

A nation of failed economic development plans

Malaysiakini

The world can be a nasty place especially in terms of planning, where your best and well intentioned plans can produce the worst unintended results. The country’s numerous development plans is a perfect example of this.

Since Independence we have always strived to be a country with strong social, economic and political credentials: a strong healthy and united people, public safety and security, great infrastructure, mature democracy, clean human rights record, good education system, governed under rule of law, and of course, a justice-minded judiciary.

To top them all off we are to enjoy a per capita income equal to the peoples in advanced economies. We wish to be an advanced country in our own right.

The current realities are anything but. The people are fragmented while some are migrating to friendlier lands, our infrastructure while adequate is wasteful, our democracy is an ugly disguise for authoritarianism, our education system produces non-thinking graduates, the rule of law has become the rule by law, and the judiciary is an international laughing stock.

The latest world indices would confirm this. There are many but I’d mention just two. First, the 2009 figures for FDI showing an 81 percent fall from US$7.32 billion to US$1.38 billion. At this paltry level we now have joined investment-unattractive countries like Myanmar, Cambodia, Laos and Timor–Leste.

Not only that, apparently the FDI into Thailand and Indonesia have overtaken that coming into Malaysia, once the darling of international investors.

Two, as for per capita income we are at about US$7,000 while the advanced countries we wish to join are at US$30,000 and above. We are less than a quarter of the way to our self-proclaimed goal.

On looking back, we started well in the arena of economic development, but somewhere along the line we faltered and very badly.

Faltered from the start

I reckon we faltered beginning 1970 when we introduced the New Economic Policy (NEP). This was when we began propounding and experimenting economic development plans beyond the parameters of sound economic principles.

Specifically we made plans and projections not in the interest of the country, but in the interest of a segment of the population, namely the Malays.

Now this might be an explosive statement to make so I have to make my stand clear.

The fact of the matter is that the factors of production in an economic set-up are land, labour, capital, entrepreneurship, and in an increasingly knowledge-based world economy, on the ability to access and utilise knowledge. I ‘borrow’ these factors as principles for economic development.

For an economy to expand therefore, all scarce resources must be optimally channelled for the development of these principles.

I’d reiterate: develop land, inject capital optimally for investment, encourage entrepreneurship, enhance the level of knowledge through smart education. Only then can the economy expand and achieve sustainability.

This last element of sustainability is important – the developing economy must reach a level when it can sustain or regenerate itself without anymore support from any planning agency.

Anything less than this and we can see an economy not going anywhere, and could in fact regress, like our current situation. Lim Kit Siang sums it well – the economy would be a ‘work in regress’.

What has gone wrong with our string of development plans? In my view there are several, and I mention them here despite being aware that many commentators have mentioned them constantly. Perhaps there can be some wisdom in saying the same things again, hoping somewhere along the line the decision makers can begin to listen.

Several hundred billion USD wasted

First, after 1970 we seem to divert the elementary formula for economic development mentioned above, into some non-optimal channels resulting in massive wastage. Our planners channelled land development mainly to the Malays. We made development plans for sectarian, not for national interests.

In this way the Malays gain comparatively easy access to scarce capital they cannot fruitfully use because of their lack in entrepreneurial skill and spirit. Their lack in education and knowledge have rendered their productivity level below that of their non-Malay counterparts.

I am aware of course that this resource misallocation was for a special reason and thereby meant to be implemented only for twenty years. But when this time was up the authorities would merely forget this proviso.

As events turn out, such allocations have proven to be below optimum level; even wasteful of scarce resources. External observers have noted that the NEP wasted several hundred billion US dollars!

Favouring race over economics

When the leaders saw that the Malays could not cope and the non-Malays restive they use race and religion to both spur the Malay on and to push away any non-Malay disgruntlement. In other words the leaders dismissed the traditional economic factors of national asset creation in favour of Malay racism and cultural hegemony under the banner of Ketuanan Melayu; and of Islam.

I might be out of academics but I have never known racism and religion to substitute economic factors in any country’s asset creation efforts. Surely the planners have not forgotten that this new formula was experimental in nature and to last only for twenty years.

In any case, here we see the early unintended results of the NEP. On the part of the Malays we see a community of people developing a false sense of confidence that they have progressed ahead on the platform of race and religion; whereas in actuality they have not.

On the part of the non-Malays they see the wastefulness of the country’s allocation of scarce resources in the interest of racism and religion as the sure way towards non-sustainability and regression.

And yet the authorities would prevent the citizens to even debate the issue.

No post mortem conducted

Come 1990 and the NEP report card had shown the recklessness of this development programme. Malay achievements were nowhere in sight.

Would there be some form of post-mortem analysis to see the good and bad points? To see whether the country should progress ahead in the same race-and-religion principles?

There has been no such effort, not to my knowledge anyway. It has been more of the same: more racism, more religion. And here we see the continuation of a string of failed development programmes.

Dr Mahathir Mohamad (left) announced the Vision 2020 stating that the country would join advanced nations by this magical year. It was well-intended perhaps, but with the economic principles remaining unchanged, that is in favour not of the country but of the Malays, the country began its slide downwards.

When Abdullah Ahmad Badawi took the reins of power, many people had thought that he might just do the right thing to put the country back on the right track again. But he used religious motives (remember Islam Hadhari) to lead the people forward – there was no change there either.

Now we have Najib Razak leading the nation out of the dangerous zone of falling into the steep precipice of a failed state. He has his own plans of course, and its called 1Malaysia: people first, performance now. Will he make any headway?

I just say this to him for whatever it is worth. Go ahead with your development plans based on the proven factors of production as mentioned severally above.

But do not be distracted by sectarian interests, nor for religious considerations. Go for optimum scarce resource allocation and economic sustainability.

AB SULAIMAN is an observer of human traits and foibles, especially within the context of religion and culture. As a liberal, he marvels at the way orthodoxy fights to maintain its credibility in a devilishly fast-changing world. He hopes to provide some understanding to the issues at hand and wherever possible, suggest some solutions. He holds a Bachelor in Social Sciences (Leicester, UK) and a Diploma in Public Administration, Universiti Malaya.

S'wak BN ADUN: S'wak govt is like Cambridge/Oxford/Harvard O.O

=
Via MT:
The Iban community cannot afford to abandon the BN in the coming state election. To do so will mean they will suffer and be left behind, warned state assemblyman Snowdan Lawan.
“We will suffer if we abandon the state Barisan Nasional. This is because the state BN has been in Sarawak for nearly 50 years and has a good track record.
To me the state BN government is just like a university. It is just like Oxford, Cambridge and Harvard… the older they are the more prestigious and famous they become.
“The state BN is not only well known, famous and prestigious, it has a good track record in terms of developing the state,” said the Balai Ringgin representative at a dinner organised by the Siol Kandis branch of the Sarawak Dayak National Union on Saturday.
Lawan urged Ibans not to listen to certain quarters which wanted to introduce new ideas and bring changes to the state.
O.O
Er. There are many things I can’t claim to be an expert about. But I think I might be bold enough to say with some certainty that the BN govt in Sarawak is NOTHING like Harvard :P
(tho, not all Harvard grads look like the girl abovela. some look like this idiot- )
(pic credit to Sonia Yeow, tx!) After the event at Jalan Bangkung Malaysia Day event (thanks so much for those of you who attended my little talk!), I went to the Sape show at Central Market (pic credits to MilleMeow) :

The performers and this lawyer below regaled us with sad tales of exploitation and penindasan of the highest order in Sarawak. Heartbreaking stories :(
How can anyone trust a party whose people say “beware new ideas and changes” ??
All I can say is:
Come senators, congressmen
Please heed the call
Don’t stand in the doorway
Don’t block up the hall
For he that gets hurt
Will be he who has stalled
There’s a battle outside ragin’.
It’ll soon shake your windows
And rattle your walls
For the times they are a-changin’.

Monday, 20 September 2010

The price of palm oil

Anwar-Azmin team playing dirty, says contender




By Syed Jaymal Zahiid - Free Malaysia Today,

KUALA LUMPUR: PKR deputy presidency contender and former party deputy secretary-general PS Jenapala today claimed there are fraudulent and underhanded tactics practised by de facto leader Anwar Ibrahim and his right-hand man, vice-president Azmin Ali, at the current party polls.
The alleged furtive acts, said Jenapala, included abuse of Selangor government machinery, pressuring challengers to divisional polls candidates aligned to the Anwar-Azmin "cartel" to withdraw and bribery by offering positions to their supporters.

He cited the Permatang Pauh divisional polls over the weekend where Deputy Chief Minister II Mansor Othman had won uncontested after both the challengers, incumbent Che Mat Hashim and Roselai Muhamad, withdrew from contesting.

"After submitting his name, Roselai suddenly withdrew on the day of the nomination after intense pressure to do so. In the case of Che Mat, he withdrew on the day before election and his supporters claimed there was pressure for him to do so by Anwar," he told a press conference here.

“How can they ask Che Mat to withdraw even after his name was listed on the ballot paper?”, asked Jenapala.

He also said Azmin had allegedly abused the Selangor state machinery to campaign for his deputy presidency candidacy, claiming that state executive councilors aligned to him are using their offices and allocations for the party elections while state information officers are coercing and inducing those at grassroots level to support him.

"This is an insult to our Pakatan (Rakyat) partners DAP and PAS and also the people of Selangor who elected them," he added.

He also claimed that Azmin in a visit to Tuaran, Sabah, had in an open gathering told party members there that Ansari Abdullah, the division chief there, would be a candidate for the general election should he win. He also offered federal Cabinet positions to those who support him and ensure he becomes number two.

Manipulations in Sabah

In a surprising move, several divisions in Sabah had nominated Azmin for the closely watched deputy presidency contest despite the pervasive anti-Azmin sentiment in the state.

The PKR vice-president was forced to relinquish his post as the state party chief following a mutiny by several division leaders aligned to former vice-president Jeffrey Kitingan. Ansari was made the new state chief amid demands by local leaders that a native, and not a Malay, be made the Sabah PKR chief.

Sabah is also known to be a stronghold of supreme council member Zaid Ibrahim, the leading challenger to Azmin's deputy presidency quest.

The sudden turnabout by Sabah divisions to nominate Azmin could be attributed to manipulations, claimed Jenapala. Citing the Kudat and Silam divisional polls, the ex-PKR secretary-general claimed there were discrepancies that took place during polling.

"In Kudat, over 800 people turned up with incumbent Mursalim Tangul, most of whom had only temporary ICs and were identified as illegal immigrants. In Silam, incumbent Youth chief and his deputy Johan Nul's names could not be found on the membership list despite their nominations being accepted earlier.

"Johan was subsequently disqualified and he could not compete. The winner, Johani Abdul Halim, is a known Azmin supporter," alleged Jenapala.

There was also a recount at the Bandar Indera Mahkota and Raub divisional polls in Pahang, which he alleged was the interfering work of Azmin's camp. Candidates aligned to Zaid were initially announced as winners but a recount, after some members claimed they had yet to cast their votes, gave Azmin's candidates the win.

Zaid: Azizah bukan boneka, Anwar hanya ahli biasa

Oleh Jamilah Kamarudin - Free Malaysia Today

PETALING JAYA: Ahli Majlis Tertinggi Parti Keadilan Rakyat (PKR) Datuk Zaid Ibrahim berikrar mahu mengembalikan kuasa sebenar Presiden parti itu jika beliau berjaya merebut kerusi Timbalan Presiden pada pemilihan Oktober ini.

Mengulas mengenai kritikan terhadap kredibiliti Presiden PKR Datin Seri Dr Wan Azizah Wan Ismail yang hanya dianggap sebagai 'lambang' parti, Zaid berkata keadaan ini berlaku akibat wujudnya persepsi di kalangan kepimpinan parti sendiri yang kurang menghormati peranan Azizah.

"Kita tidak boleh membiarkan presiden kita dianggap oleh sesetengah pihak hanya sebagai lambang.

"Terlalu kerap saya dengar bisikan mengenai kononnya Datin Seri Wan Azizah bukan ketua sebenar.

"Malah ada pula yang berkata beliau tidak ada kuasa. Keadaan ini berlaku kerana ada di kalangan kepimpinan parti yang kurang menghormati jawatan presiden.

"Kalau saya menang, saya akan bela kuasa presiden. Presiden parti tidak akan dianggap sebagai lambang semata-mata," katanya dalam kenyataan melalui blog hari ini.

Sambil mengkritik kepimpinan PKR sekarang yang lebih selesa memberikan kepercayaan sepenuhnya kepada Ketua Umum Datuk Seri Anwar Ibrahim menerajui parti, Zaid bimbang situasi ini akan menjadi satu amalan yang lebih buruk jika Pakatan Rakyat menguasai Putrajaya.

"Kepimpinan parti lebih selesa memberi kepercayaan sepenuhnya kepada Anwar.

"Saya juga memberi kepercayaan dan sokongan penuh kepada Anwar Ibrahim, kerana dia pengasas parti dan juga Ketua Pembangkang tetapi dari segi struktur parti buat masa ini beliau hanya ahli biasa.

"Kalau kita dari parti Keadilan tidak hormati jawatan presiden kita yang sah kerana kita berpuas hati presiden itu hanyalah lambang (walaupun dia berkuasa penuh mengikut perlembagaan parti); apa jaminan kita akan menghormati perlembagaan negara bila kita berkuasa nanti," katanya.

Walaupun masih tiada lagi individu yang menawarkan diri mencabar Azizah termasuk Anwar yang memutuskan enggan bertanding bagi mana-mana jawatan, namun Anwar dilaporkan masih lagi menerima pencalonan daripada cabang beberapa negeri.

Kukuhkan dasar reformis

Zaid turut menyatakan pendiriannya untuk mengukuhkan dasar reformis parti dan pada masa yang sama mahu terus taat setia kepada presiden jika dipilih sebagai timbalan.

"Adalah tanggungjawab timbalan presiden untuk memberi sokongan dan bantuan sepenuhnya kepada presiden sesebuah parti.

"Bagi timbalan pula, kesetian kepada parti bererti taat setia kepada presiden dan menolong beliau dalam menjalankan tugas-tugasnya.

"Timbalan presiden mesti mengimbangi atau ‘complement’ kekuatan presiden.

"Hanya dengan cara itu prestasi dan imej parti kita akan jadi lebih baik.

"Datin Seri Wan Azizah telah banyak membuat pengorbanan termasuklah meletakkan jawatan beliau sebagai ahli Parlimen demi keperluan suaminya dan PKR. Pengorbanan ini adalah pengetahuan umum.

"Sebagai ahli PKR, saya percaya dengan kepimpinan dan kebolehan presiden parti; dan sebagai calon untuk jawatan timbalan presiden saya ingin menyokong beliau dalam usaha beliau dan dengan ikhlasnya meneruskan dan mengukuhkan dasar reformis parti untuk menunjukkan bahawa PKR mampu memenuhi perubahan yang dinanti-nantikan ahli parti dan rakyat Malaysia," katanya.

Nazri: I will shield gov't, even from Mahathir

(Malaysiakini) Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz has picked a public spat with Utusan Malaysia columnist 'Awang Selamat', as he defended his criticism of former premier Dr Mahathir Mohamad.

parliament gobind singh ban over nazri mistake 251108 04Reacting to accusations that he is “anti-Dr Mahathir” and that he had been biadap (uncouth) towards a statesman who has done much for the country, Nazri said in an open letter to Utusan that his stand is to the contrary.

So far, said Nazri, Mahathir has been the best prime minister he has ever served. But as an ex-premier, he said Mahathir leaves much to be desired.

Nazri (left) claimed he has been consistent in his defence of the government against its critics - even if these now include Mahathir.

“Awang should get out of his time warp and face the fact that I am now in the government ... It is Tun Mahathir who is criticising the government and not the other way round.

“...I will defend the government, just as I did in the past when Tun Mahathir and (then) Tun Abdullah (Ahmad Badawi) was the prime minister.”

Nazri reiterated his challenge to the columnist to come clean on where his loyalty lies, given the priorities Prime Minister Najib Abdul Razak has placed on an inclusive 1Malaysia.

NONENONE“I want Awang to know that I am always sure who my boss is. It is not (DAP leader Lim) Kit Siang or (Opposition Leader) Anwar (Ibrahim), because they are not the prime minister of Malaysia, the chairperson of BN or president of Umno.

“I am not too sure Awang knows who his boss is because he undermines the 1Malaysia policy of the prime minister and promotes the narrow racism of (Perkasa chief) Ibrahim Ali, who is not even an Umno member.”

Nazri said even school children know that his agenda is to win the next general election and for Najib to remain as prime minister.

“I do hope that Awang also has the same agenda, unless of course his boss is somebody else.”

Questioning the column for criticising his “civil” treatment of opposition leaders, Nazri said such conduct is the right thing to do in a democracy since “they are also elected by the people”.

“Of course, Awang is caught in the time warp of the days where government MPs did not only not engage them, but hated and disliked them in all circumstances.

malaysia parliament parlimen“Awang will never understand this because he is not a MP, put in the House by the voice of the people. Anyway, did Awang ever think of how five PKR MPs could become Independents, if not for the civility shown by me to them as parliamentary affairs minister?

“The number of crossovers to the Independent caucus has exceeded the single MP from Pasir Mas, this so-called hero for the Malays who Awang idolises. Incidentally, Umno has never asked or needed for Ibrahim to help us. Any association with him will only cause us to lose votes.”

'Malaysian first'


Training his sights on claims that he is pandering to the Chinese, Nazri pointed out that Mahathir - who was reported to have said he didn't need Chinese votes - has realised why he lost in the 90 percent Malay-majority seat of Kota Setar Selatan in 1969 to PAS' Yusof Rawa.

“There is a lesson to be learned from this,” said Nazri.

utusan 140910 majoriti orang malayu menyokong perkasaDriving home his point, Nazri said Awang has never contested in an election and, furthermore, hides behind the anonymity of a pseudonym of a column in the Malay-language daily, which is owned by Umno but which has highlighted the Perkasa cause.

“Politicians like me who have stood for four general elections and won, have to be very careful in what we say and not be reckless like Awang. We need to muster all the votes regardless of race and we do not stay in the comfort zone as Awang does.

“He (Awang) can write and say anything irresponsibly and recklessly, knowing that he will never be punished by voters. I advise Awang to stick to what he does and knows best and not try to meddle in national politics, of which he has shallow knowledge and zero experience.”

As a parting shot, Nazri also challenged detractors to question his identity and priorities as a citizen.

“And yes I am a Malaysian first and Malay next. Does any bigot have a problem with that?”

BANTING MURDERS: Lawyers' nine dogs put down

The dogs at the poultry farm in Sungai Gadung were aggressive and had attacked other farm animals. — NST picture by Rosdan Wahid
The dogs at the poultry farm in Sungai Gadung were aggressive and had attacked other farm animals. — NST picture by Rosdan Wahid
BANTING: Nine pedigree dogs, belonging to the lawyer brothers from here, were put to sleep by Kuala Langat District Council officers yesterday. Six Rottweilers, two Dalmations and a bulldog were put down by lethal tranquilisers at the poultry farm in Sungai Gadung, believed to the scene of a quadruple murder.

The officers were seen entering the farm at 8.15am and left about two hours later with the carcasses in a pick-up lorry.

According to sources, since the murders were uncovered, the hungry dogs which were left unattended became aggressive and attacked other animals in the farm, such as goats, ducks and chickens.
The source said police had told the district council to catch the dogs but the team despatched to the area decided to put the dogs down as they were aggressive.

The carcasses were taken to the Sungai Sedu landfill in Telok Datuk, near here, to be buried.

Meanwhile, scores of local and foreign tourists on their way to a nearby longan farm and curious onlookers tried to get into the farm where the murders allegedly took place.

They were, however, turned away by policemen.

Longan farm owner Lim Soon Beng, 40, said he had lost thousands of ringgit since the entrance to his 6ha farm was sealed to give way to police investigations.

"I have been losing between RM2,000 and RM3,000 a day as my produce could not be transported out and tourists were stopped from entering the farm."

The two lawyer brothers, aged 41 and 38, from here, and five others were detained to facilitate investigations into the murders of Datuk Sosilawati Lawiya, 47, her driver Kamaruddin Shansudin, 44, banker Noorhisham Mohammad, 38, and lawyer Ahmad Kamil Abdul Karim, 32.

The four were killed and burnt and their ashes scattered in rivers.

Police have found bone fragments, a cricket bat and a knife after searching the rivers.

The bone fragments have been sent to the Chemistry Department for DNA analysis and the results are expected this week.

Sosilawati, the founder of the Nouvelles Visages beauty line, and her three aides were believed to have met one of the lawyers before they disappeared on Aug 30.

They were allegedly murdered at the farm belonging to the lawyer. The farm has, among others, a clubhouse, chalet and an office.

Two teams are carrying out the investigations, one on the quadruple murder and the other on the disappearance of three people and the murder of a housewife.


Read more: BANTING MURDERS: Lawyers' nine dogs put down http://www.nst.com.my/nst/articles/6det/Article/#ixzz103DajZEV

ONE MALAYSIA…… FACT OR FICTION?

By  Muralitharan Ramachandran - http://malaysianminorityindians.blogspot.com
With the most recent declaration of Prime Minister Datuk Seri Najib Tun Razak on his standpoint on 1 Malaysia which is not about racial equality, it is established that UMNO and Perkasa have ended their disagreement to preserve their Malay Supremacy agenda. This was already anticipated by non-Malays, setting the phase for even further extreme ethnic politicking and communal deterioration. In previous denial statements given by leaders such as Tengku Adnan, Khairy and others from UMNO regime on their ties with Perkasa, it is indeed an evident that it was purely a deception. The sudden diversion by the premier has also triumphed Tun Mahathir on his call for UMNO not to sever ties with Perkasa which, claimed by Tun Mahathir, will formulate unhappiness among the Malays. This has raised the eye-brows of many on Najib’s sudden diversion.


Najib’s action also has produced query on the power of UMNO if Tun Mahathir and Perkasa have control over it. The recent racial annotations by two school principals made non-Malays express dissatisfaction and anger over the issue while they observed on how UMNO protects their main stream media Utusan Malaysia and the right wing Perkasa even with their racial remarks being articulated frequently. Despites calls by various quarters of people including the opposition to get rid of Perkasa, the premier prefers to go on deaf ears. These actions proves that the 53 year old racist UMNO government is not susceptible over issues concerning other ethnics and will go beyond any extend in order to spark racial controversies and create disharmony among the variety of races just to remain in power and control. This indicates the failure of Najib’s 1 Malaysia concept and efforts to win the support of the non-Malays.


Najib’s failure is also a failure to BN components. Leaders of MCA, MIC and Gerakan have been promoting the Premier’s 1 Malaysia concept and praising UMNO leaders who were against Perkasa and Tun Mahathir on his stance on Perkasa. These leaders from the component parties have also given assurance to their respective ethnics and a supportive statement of UMNO is not racist party and it is against Perkasa. All their supportive statements about UMNO and Najib’s 1 Malaysia concept have set them on fire. They are now being magnified by their own people. UMNO have been their master for the past 53 years and it is indeed the appropriate time for serious confrontation by these component parties with its masters. The recent 12th general election has conveyed a message of dissatisfaction among the non-Malays towards the ruling UMNO/BN government.


Although the message sent is clear, Najib’s UMNO/BN government is ignorant about this significance and continues towards their creed of ‘KETUANAN MELAYU’. Are these component parties going to retain as a string-puppet to UMNO and prolong the lost of confidence by their own community? How are they going to act in response on this set down? Are they going to insist on a justification from the Premier or are they going to assist him to get away with his deception and twisting facts of 1 Malaysia? Or are they going to be tongue-tied on these issues and enjoy the cozy cabinet positions while betraying their community? Let us observe the deed of MCA, MIC and Gerakan on the treachery of their master. These BN components are indebted to us an answer….. 1 Malayisa - Is it a fact or Fiction?

Kulim: SITF's next stop in resolving Indian woes

KULIM: The Special Implementation Task Force (SITF) set up by Prime Minister Najib Tun Razak to resolve problems faced by the Indian community at strategic locations throughout the country is moving into high gear with its next stop in Kedah followed by Selangor and Pulau Pinang.

Following the success of its first meet-the-people programme in Ijok, Selangor last Aug 15, the SITF would hold its second programme on Sept 25 at Taman Selasih in Kulim between 10am and 4.30pm, said Human Resources Minister Dr S Subramaniam, who is also the SITF chairman.

“Various government departments and agencies will be on hand to address the problems faced by the Indian community,” said the MIC vice-president who would also be present at the programme.

Among them would the National Registration Department to handle the issuance of birth certificates and identity cards; Social Welfare Department; Skills Development Department to offer skills training for youths; Tekun Nasional to provide small business loans; and the Social Security Organisation.

After Kedah, Subramaniam said SITF would move to Sepang in Selangor on Oct 3 followed by Perai, Pulau Pinang on Oct 16.

He said in each programme, the SITF would gather the problems of the Indian community and undertake measures to resolve them in a systematic manner.

“We don’t want to be accused of meeting people but not doing anything to resolve their problems. An action committee will follow-up on the problems brought to our attention,’ he added.

Citing the Ijok programme where almost 500 problems were being scrutinised by SITF, the minister said welfare cases topped the list of problems followed by identification cards and birth certificates.

Subramaniam said the main objective of the SITF which was made up mainly of MIC leaders and corporate figures, was to ensure that the decisions of the cabinet committee for the Indian community chaired by the prime minister were effectively implemented.

He said the SITF would act as a government delivery system at strategic locations where the people would have access to the various government departments and agencies.

Missing 'cult-like' group found alive after suicide fears

Members of a church group led by Reyna Chicas were reported missing amid fears they may have planned to take their own lives.

Los Angeles, California (CNN) -- A group of 13 Salvadoran immigrants missing in southern California amid fears that they planned a cult-like mass suicide have been found alive, unhurt and upset to find they were the subjects of an extensive search.

Authorities had been scouring the Palmdale area of northern Los Angeles County on horseback and by helicopter Sunday in search of the group, which included eight children between the ages of 3 and 17, said Steve Whitmore, a spokesman for the Los Angeles County Sheriff's Department. A resident spotted one of the vehicles identified in the lookout at a park and notified the sheriff's department, he said.

One woman in the group told CNN they were "perfectly OK" and were shocked and angry to learn that such an extensive search was under way. The woman, who would not give her name, said they had been praying all night in the park, that they had done this routinely and that their husbands were aware of the practice.

The search began Saturday afternoon, when the husbands of two women in the group reported them missing, the Sheriff's Department said. One of the men said their wives were part of a "cult-like group" and had been "brainwashed" by its leader, and Whitmore said the wife left a purse with her husband and asked her "to pray over" it.

When the husband opened the purse, he found money, mobile phones and notes that "talked about meeting Jesus, talked about deceased relatives soon to meet up," Whitmore told CNN earlier Sunday. That raised concerns that the group members planned to take their own lives, he said.

The husbands told investigators that the group had broken away from a Christian church in the Los Angeles area "and formed a separate group that included both traditional and non-traditional practices and beliefs," the Sheriff's Department said Saturday. Its leader, whom investigators identified as Reyna Marisol Chicas, had taken her followers on a similar outing six months ago "in the apparent belief that there was going to be a major earthquake."

Several members of the group spoke with investigators, and Chicas was held for questioning after giving deputies a false name, Whitmore said. Though no crime had been committed and the group appeared to be praying for 'honest and well-meaning things," he said deputies had to investigate once their husbands filed missing persons reports.

"The letters themselves could be interpreted in many ways," Whitmore said. "Now, some of the language in it could be interpreted as saying goodbye as relatives, but that's an interpretation." But given the husbands' concerns, "It is better to overreact than underreact," he said.

Teoh inquest: Mystery note tendered as exhibit

(Malaysiakini) A note said to be deceased DAP political aide Teoh Beng Hock's 'final testament', written in Bahasa Malaysia and Chinese, has been tendered as an exhibit at the inquest into his death.

Speaking to reporters during a recess, Teoh's family lawyer Gobind Singh Deo confirmed that the note is the original copy he had seen last month.

The note was found in Teoh's backpack, left in the Selangor Malaysian Anti-Corruption Commission (MACC) office on July 16 last year.
The MACC had interrogaNONEted Teoh (left) overnight on July 15, in connection with a probe into alleged misuse of funds by his employer and Selangor exco Ean Yong Hian Wah.
His body was found the next afternoon on the fifth floor service corridor of Plaza Masalam, Shah Alam. The Selangor MACC has its office on Level 14 of the building.
The item was not initially listed as evidence by police investigating officer Ahmad Nazri Zainal.

Testifying before the coroner today, he said he did not list many of the personal items in the bag because he found them "of little value".

The items listed included Teoh's Mykad, digital camera battery charger and Tesco customer loyalty card.
Also found were a VCD, mineral water, computer accessories, note books and some pieces of paper.
The note and other previously unlisted items were only recorded on Oct 7, 2009 with several items, including the 'mysterious' note which was then submitted to the Chemistry Department for examination.

These were previously stored in a locked cabinet in Ahmad Nazri's office.

GobindNONE (right) has requested that the court interpreter who provided the translation for the note be made available to take the stand when the inquest resumes at 2pm.

"She is now on duty at the High Court. If she agrees with our suggestion, then there will be no need for us to call our own interpreter," he said.
Ahmad Nazri had testified this morning that MACC officer Zurinawati Zulkifli - who alerted him to the presence of the bag - had refused to sign a handover form because she was not assigned to the case for which Teoh had been called for questioning.

He said Zurinawati told him that the MACC investigating officer on the case, Mohd Anuar Ismail who was not present at the time, had initially taken the bag into his office.

However, Ahmad Nazri said that, when he saw the bag it was on a sofa outside another officer's office.
The black bag and the main contents were tendered as exhibits today.
The police officer also testified that he found that a window on Level 14 was ajar and that the handle was missing and appeared to have been broken off.

"(Teoh's body) was found directly below the window," he said, adding that the forensics team arrived at 4pm.
'Not suicide'
At the previous hearing of the inquest, Thai pathologist Dr Pornthip Rojanasunand stood by her original testimony that Teoh did not commit suicide, refuting the findings of other three other pathologists.
Present today are lawyers Tan Hock Chuan, representing the Attorney-General's Chambers, and Abdul Razak Musa who heads the MACC prosecution unit.

Malik Imtiaz Sarwar is acting for the Selangor government.

Coroner Azmil Muntapha Abas is presiding over the inquest in Shah Alam, Selangor.

Sodomy trial: Anwar's appeal to strike out charge dismissed

By FMT Staff

FMT ALERT PUTRAJAYA: The Court of Appeal has dismissed Anwar Ibrahim's appeal on a High Court refusal to throw out his sodomy charge.
The appeal was dismissed by a three-man panel led by Justice Ahmad Maarop after ruling that the Court of Appeal had no jurisdiction to hear the matter.
Anwar had appealed the Aug 16 decision of the Kuala Lumpur High Court which had dismissed his application to strike out the sodomy charge.

The matter was to have been heard last week but was adjourned to today following an application by the prosecution on jurisdictional issue.

The prosecution team, headed by Solicitor-General II Mohamed Yusof Zainal Abiden, had raised a preliminary objection in saying Anwar did not have the right to lodge an appeal against the High Court's decision because the order by the High Court judge Mohamad Zabidin Mohd Diah was not a final order.

Anwar's application to strike out the sodomy charge was based on his claim that the impartiality of the prosecution team had been compromised following an alleged affair between Anwar's accuser Mohd Saiful Bukhari Azlan and a member of the prosecution team, deputy public prosecutor Farah Azlina Latif.

He claimed that as a result of the alleged affair, Mohd Saiful had access to information on the case, and that had deprived him of a fair trial.

This is his second application to strike out the sodomy charge. His first application had been dismissed by the High Court, a decision which was upheld by the Federal Court on May 4 this year.

Anwar, 63, is on trial for allegedly sodomising Mohd Saiful, his former personal aide at unit 11-5-1, Desa Damansara Condominium, Jalan Setiakasih, Bukit Damansara, between 3.01pm and 4.30pm, on June 26, 2008.
Anwar's trial will now resume tomorrow morning at the KL High Court.

MORE TO FOLLOW

Nurul Izzah sees red over KTMB land sale

By Stephanie Sta Maria - Free Malaysia Today

KUALA LUMPUR: The latest sale of prime land belonging to Keretapi Tanah Melayu Bhd (KTMB) has come under fire from Lembah Pantai MP Nurul Izzah Anwar.

In a press statement today, she pointed out that the eight-hectare site worth RM400 million, located behind the former Unilever headquarters along Jalan Bangsar, was sold for a pittance of RM50 million to Pelaburan Hartanah Bhd (PHB).

PHB is the subsidiary of Yayasan Amanah Hartanah Bumiputera, a foundation set up in 2006 to raise Bumiputera property ownership.

Nurul Izzah, who is also PKR's new deputy FT chief, questioned whether future properties developed on that land would then ultimately be sold to Bumiputeras at a deep discount.

“Who will gain most from the 80% discount that PHB has enjoyed?” she asked. “Would it be the developers or would the discount trickle down to the rakyat when it's time for them to rent or buy the properties?”

She also wondered whether PNB would restrict ownership transfer to ensure that the properties remain in Bumiputera hands.

“Once again, could state institutions and government lands be used to enrich a selected few? I hope that the Bumiputera property policy will not be manipulated the way it was in the Port Klang Free Zone (PKFZ) modus operandi.”

Land could have contributed to KTMB revenue

Nurul Izzah said the land would have been better used as a source of recurring revenue for KTMB. She explained that KTMB could jointly develop the land and have an equitable share of the proceeds.

“The rental of the property itself would provide a sustainable income for KTMB. This is how the MRT services in Hong Kong and Singapore, and the London Underground sustain their railway services for public benefit.”

“In return, this could not only put KTMB back in the black but also encourage lower ticket prices and more efficient services to the rakyat.”

Referring to the KTMB land in Tanjung Pagar, she said this transaction raised similar unanswered questions and is a form of indirect subsidy only for a minority.

While expressing hope that she would be proven wrong, Nurul Izzah promised that she would monitor this development closely to ensure that the people are granted transparency and accountability from the government.

“I'm also going to propose a bipartisan caucus in the next parliamentary sitting to monitor the implementation of Bumiputera policies,” she said. “The caucus will be able to produce an annual report for the public on the results and list of beneficiaries.”

Dr M's blog 'may harm your computer'

By FMT Staff

KUALA LUMPUR: Former premier Dr Mahathir Mohamad's blog has become the latest website to join the “may harm your computer” list. Last week, several websites, including news portals, had faced a similar problem rendering them inaccessible to readers.

Mahathir's Che Det blog is one of the most popular online sites in the country and has spawned many controversies -- of late regarding his thoughts on the special position of Malays.

His views, which have been labelled as “highly racist” and his open support for groups like Perkasa have put Umno and Prime Minister Najib Tun Razak in a tight spot.

The 84-year-old former premier launched himself into cyberspace after the mainstream media blacked out his views during the tenure of his successor Abdullah Ahmad Badawi.

During that period, an ostracised Mahathir had accused Abdullah of attempting to stifle dissent and suppress freedom of expression.

The octogenarian's critics had found this odd since Mahathir was known to be critical of alternative views, especially those published on the Internet, towards the last years of his premiership.

Che Det is Mahathir's nickname as a child and his pen name when he had contributed articles to newspapers in his youth.

Malaysia's religious problems: The way forward

By Pak Sako - Free Malaysia Today

COMMENT "You are my brother and I love you. I love you worshipping in your church, kneeling in your temple, and praying in your mosque. You and I and all are children of one religion, for the varied paths of religion are but the fingers of the loving hand of the Supreme Being, extended to all, offering completeness of spirit to all, anxious to receive all.

I love you for your Truth, derived from your knowledge; that Truth which I cannot see because of my ignorance. But I respect it as a divine thing, for it is the deed of the spirit. Your Truth shall meet my Truth in the coming world and blend together like the fragrance of flowers and becoming one whole and eternal Truth, perpetuating and living in the eternity of Love and Beauty."
— Kahlil Gibran, A Tear And A Smile (1914)

Religious pluralism is a cornerstone for achieving harmony in societies with people of varied faiths. Yet in multi-religious Malaysia politicians shy away from discussing religious pluralism. It is difficult to get straight answers about their stand on or commitment to it.

Take for example the recently concluded panel discussion on 'National Unity through Religion, Law and Shared Values' at UCSI University in KL. It is unclear whether religious pluralism or religious bigotry were fruitfully discussed. The contents of the discussion are not made public enough. It can be gleaned from news reports that there were barely satisfactory answers to barely satisfactory questions.

What is conspicuous is that there is an excruciating lack of focus on the heart of the issue.

Here I refocus attention on what really matters.

Good values and spirituality should be the essence, not religion per se

If a religious position is to be taken by any political party or any citizen that is founded on respect for religious beliefs and support for the freedom to practice any religion (or none at all), then this position should encourage living a life guided by a universal set of shared moral values and one containing aspects of the spiritual, whatever the religious or non-religious route taken. It follows that religion is a means towards these larger goals. This awareness is cardinal. Unity is achieved as a result of these common goals, not by having or propagating any particular religion.

What we should first abandon is the ambition to create a state of “one mankind under one religion”. We should not harbour false and childish hopes that only through one religion for all can we get people to step onto the expressway of righteousness and practice moral values, or that only thus can we lead everyone to the promised land of God-realisation, as if it is our duty and right. Such an aspiration is but a certain road to perdition.

Instead, we should be enlightened and courageous enough to consider accepting that people can take many valid paths towards goals of spirituality and right living.

We should be enlightened and courageous enough to consider admitting that no religion or belief system has a monopoly of or is exclusively privy to these moral values or “steps to the ultimate blessings of God or heaven”.

We should awaken to the fact that moral values and spiritual teachings are not exhaustively found in any one religion. The teachings of one religion can be instructive to adherents of another religion and vice versa.

We should be able to say that the choice of religion is a personal one; that in line with the right to freely practice one's religion as one shall practice it, religion and religious practices should not be imposed upon any individual such as by the authorities or the state, or by a society that has been so conditioned by state policy that it passively imposes religion upon its own members.

Should there be a public demand for religious guidance or for places of worship, then this shall be provided. In no uncertain terms should this be seen to imply consent for the imposition of religion or its practices by a righteous authority.

These are among the things that the so-called religious democrats should be forthright about, but are not.

This is what we should be striving for if we believe in a Malaysia that is just, free and harmoniously multi-religious, but are not.

There are serious obstacles to these that we are reluctant to come to terms with, but must.

Religious chauvinism as a disease to eradicate

These specific obstacles are almost never clearly enunciated. Here they are:
  • The desire amongst members of society to preach their religions as better or superior alternatives to the religions or belief systems of others and thereby to seek to convert others to their own religion
  • The related belief that non-believers are lowly, of unequal standing or blessing and their religions inadequate and contemptible
  • The refusal or inability to approve the values or truths contained in other religions or belief systems regardless of their merit
  • The related fear that this might shake one's faith in one's religion, or render one's religion comparatively less glorious, or disadvantage one's religion in the competition for religious propagation
  • The myopia of "only one brotherhood through one way of God" that prevents the acceptance of all religious adherents under an umbrella of one humanity in which other belief systems are acknowledged as valid.
This condition and process, which can for brevity be termed religious chauvinism, is the eye of the storm in all the religious tensions and misunderstandings we have witnessed in Malaysia.

The mentality described is widespread and fairly entrenched. The psychology of insecurity and the politics shaping it are interesting and worthy of separate examination.

But the implication is unequivocal. It clashes with the hopes of building a Malaysian society that is genuinely accepting (not merely “tolerant”) of a diversity of religions and cultures.

It means that lasting peace and unity amongst our people is to remain out of our reach so long as this is left to get out of control.

What remains to be done and a challenge to the politicians

It is for the preceding reasons that this matter must be urgently addressed. If a united Malaysia is in our interest, then an honest, open and peaceable national dialogue on this must commence. It should involve the issues mentioned here and others, such as religious propagation, its targets and the ethics of its methods.

Relegating religious talks of understanding to practically useless and toothless inter-faith panels behind closed doors is a cowardly act of evasion. Understanding and consensus must emerge from the majority — the entirety of Malaysians.

We should also cease deceiving ourselves with superficial multi-cultural and multi-religious images and slogans that are purpose-crafted for international consumption or national celebrations. This lulls us into inaction.

To dodge discussion by offering excuses (e.g., "Malaysians are not ready for this") is an unacceptable denial of reality and maturity. To delay further is to permit more, avoidable conflicts. It is to shirk from the shared responsibility of nation-building.

We need to stop the factors that perpetuate religious chauvinism, remedy existing attitudes and inculcate multi-culturalism and multi-religiousness as the definite Malaysian way.

In view of this, to the politicians and policymakers of Umno, MCA, PAS, PKR and DAP, I put the following question:

Do you have the guts, will and conviction (i) to discuss the issue of religious pluralism and bigotry clearly and openly; (ii) to establish multi-culturalism and religious pluralism as a prime policy and encourage it amongst your supporters and colleagues within your political parties; and (iii) to act decisively to correct the problem of religious chauvinism and prejudice such as those highlighted here?


This article first appeared at the Centre for Policy Initiatives' website.

Don’t you dare abandon the BN, Ibans warned

By Joseph Tawie - Free Malaysia Today

KUCHING: The Iban community cannot afford to abandon the BN in the coming state election. To do so will mean they will suffer and be left behind, warned state assemblyman Snowdan Lawan.
“We will suffer if we abandon the state Barisan Nasional. This is because the state BN has been in Sarawak for nearly 50 years and has a good track record.

“To me the state BN government is just like a university. It is just like Oxford, Cambridge and Harvard... the older they are the more prestigious and
famous they become.

“The state BN is not only well known, famous and prestigious, it has a good track record in terms of developing the state,” said the Balai Ringgin representative at a dinner organised by the Siol Kandis branch of the Sarawak Dayak National Union on Saturday.

Lawan urged Ibans not to listen to certain quarters which wanted to introduce new ideas and bring changes to the state.

Snowdan’s remarks were an obvious response to the recent call made by Sarawak PKR chief  Baru Bian for a change in the government in the state.

'Fatal mistake'


Bian had said that their forefathers had agreed to join Sabah, Singapore and Malaya to form the Federation of Malaysia because they had high hopes that Sarawak would one day enjoy  greater economic development, prosperity and security.

“But for 47 years under the BN, their dreams and visions had not been achieved. This was because Sarawak was neglected by the BN.

“We must therefore change the current leadership and replace it with the Pakatan Rakyat government,” said Bian.

Snowdan, who is Parti Rakyat Sarawak’s deputy secretary general said: “It will be a fatal mistake, if you support the opposition.

"It is just like building a new university whose records are uncertain and it will take at least 50 years to achieve the desired results.

“What we should do is for us to replace the lecturers if they are not good rather than getting rid of the university and build a new one,” he said.

Umno-Perkasa reconciliation: All eyes on MCA, MIC, Gerakan

BN - equal or not equal?
Wong Choon Mei, Malaysia Chronicle

As expected, Umno and Perkasa have reconciled, setting the stage for even more intense racial politicking and social disintegration. It also places a huge question mark on the future of MCA, Gerakan and MIC and their ability to protect and speak up for their communities.

For not only is the Umno-Perkasa patch-up a resounding victory for the conservatives in Umno led by former premier Mahathir Mohamad, Prime Minister Najib Razak’s multi-racial 1Malaysia plan has also been scuttled. Umno secretary-general Tengku Adnan now says 1Malaysia is not about racial equality.

“The Umno-Perkasa reconciliation is very significant. In the past Umno denied links to Perkasa. But because no one believed it, it was forced to publicly reject Perkasa. Now it has publicly made up with Perkasa. What does this mean for Malaysians,” Beruas MP Ngeh Koo Ham told Malaysia Chronicle.

Najib and Tengku Adnan
“It means that, for whatever his reasons, Najib is still unwilling to discard ketuanan Melayu. Yet we have Soi Lek insisting that Umno has never believed in Malay supremacy. This is now proven to be a bare-faced lie. Not only has Soi Lek failed to represent the views of the Chinese community, he has even lied to them for the sake of helping Umno to retain power and this is totally unacceptable. It is time for them to take stock of themselves and what is happening to Malaysia."

A big let down for the BN components

Apart from Chua Soi Lek, the MCA president, Gerakan chief Koh Tsu Koon and MIC head S Samy Vellu have also been ridiculed and condemned for their part in the Najib-Umno 'sandiwara'. MCA, Gerakan and MIC had rushed to cheer-lead the announcement by Tengku Adnan that Umno would reject Perkasa and its president Ibrahim Ali. This would be the start of a new Malaysian era, they had proclaimed.

Soi Lek
“As a secretary-general I can tell you, we have nothing to do with Perkasa, and certain things Perkasa is doing we are not happy with because they are eroding our support. When they talk about my Chinese friends or my Indian friends, they make us lose more votes,” Tengku Adnan had said on September 8.

But sadly, Najib and now Tengku Adnan has let them down - without apology or explanation. On Sunday, the Umno sec-gen was forced to deny his words after Najib himself made a sharp U-turn two days ago. Now, not only has the PM's prized 1Malaysia plan fizzled out, but it appears his New Economic Model due to be fleshed out next month will also not contain any significant reforms. This ultimately means that endemic high-level government corruption will continue to remain a staple of Malaysian life.

Tsu Koon
“I didn’t even ask members of Umno to relinquish their relationship with Perkasa. It was totally blown out of proportion by Ibrahim Ali. When we had a meeting with BN secretaries-general, we never talked even a little bit that we wanted to distance ourselves from anybody. Our policy is to be close with everybody. We should even go and approach opposition members and explain what our policies are because they are misguided,” back-tracked Tengku Adnan on Sunday.

All eyes are now on how MCA, MIC and Gerakan will respond. Will they insist on a clear-cut explanation from Najib or will they help him to excuse away his latest failure?

Samy Vellu
“Once and for all, MCA, Gerakan and MIC should confront the reality. They don’t need the opposition to tell them, the 2008 election is already enough. But these guys wanted the glory and cushy Cabinet posts. For that they sold out the communities they represent. If they have any decency, they would make a final stand. But I am sure they won’t because they have become like Umno - the money and goodies outweigh social conscience and responsibility,” PKR vice president Lee Boon Chye told Malaysia Chronicle.

*******************************************
Leaders from MCA, MIC and MIC have gone record, praising Tengku Adnan and Umno for the bold move to break off from racial and religious agitation practiced by Perkasa and Mahathir. When Mahathir warned Umno it would be suicidal to dismiss Perkasa, the BN components even condemned him for advising his party to regress. Malaysia Chronicle appends below their quotes sourced from various mainstream media.

MCA

“In my association or the MCA’s association with Umno, I have never heard of any Umno leader who says that the Malays are more superior than the non-Malays. No,” said MCA president Chua Soi Lek, when asked by reporters if Singapore's Lee Kuan was correct in saying Malaysia subscribed to racial policies that favored the Malays

"MCA welcomes the comments by various UMNO leaders in distancing themselves from the racist espousals of Perkasa led by its chairman Dato’ Ibrahim Ali by acknowledging that such association with Perkasa would lead to UMNO’s erosion of support," MCA sec-gen Kong Cho Ha said in a statement.

"Meanwhile, we regret to read the remarks by a prominent public figure who claims that UMNO needs backing from Perkasa if it does not want to risk Barisan Nasional losing support. BN does not consist of only one political party, but is an alliance which comprises various political parties representing all the ethnic groups in Malaysia. Hence, BN thrives on the support rendered by every race, not only from the Malays."

Gerakan

"The statement also reflects the liberal and moderate stand of Barisan Nasional component parties towards all races," Bernama reported Gerakan president Koh Tsu Koon as saying when asked to comment on Tengku Adnan's remarks that Umno would distance itself from Perkasa.

“Unfortunately, Dr Mahathir's latest statement has sent out a very disturbing message,” Gerakan Youth deputy chief Oh Tong Keong Oh said in a statement when Mahathir urged Umno not to break away from Perkasa.

“If Umno has to embrace a racist group like Perkasa for fear of losing 'the Malays' support', as suggested by Dr Mahathir, and other ethnic-based political parties from both sides of the political divide follow suit, then where is Malaysia? How about us Malaysians?”

MIC

“It is not the right thing to do to practise racism as it can affect the country’s stability,” said MIC vice-president Datuk M. Saravanan, referring to Perkasa and the reason behind Umno wishing to distance itself from Perkasa..

“Perkasa is not saying the right things.Non-Malays have never begrudged the position of Malays as enshrined in the Constitution. They have to rethink their actions,” said former MIC deputy president Datuk S Subramaniam.