KUOTA HAPUS

1. Tidaklah penting kita tahu asal-usul kuota dalam pemilihan pemimpin UMNO. Namun demikian izinkan saya cerita sedikit berkenaan latar belakangnya.

2. Pada tahun 1986 Dato (Tun) Musa Hitam, musuh ketat Tengku Razaleigh Hamzah telah berjaya pujuk Tengku bertanding jawatan Presiden UMNO. Beliau sendiri sanggup jadi timbalannya.

3. Seperti biasa bahagian-bahagian (UMNO), dalam mesyuarat telah namakan calon mereka. Hanya 20 peratus menamakan Tengku Razaleigh.

4. Tetapi dalam Mesyuarat Agong Tengku Razaleigh mendapat hampir 50 peratus daripada undi wakil-wakil yang hadir.

5. Tentang bagaimana terdapat kelainan ketara antara bahagian-bahagian dengan wakil-wakil mereka, wallahua'alam.

6. Selepas itu mahkamah telah putuskan bahawa UMNO adalah parti haram. Walaupun UMNO dapat dipulih, sebilangan ahli dan pemimpin UMNO telah berpisah daripada parti untuk menubuh parti serpihan. Ternampak jelas pertandingan untuk jawatan tertinggi boleh memecah dan melemahkan parti.

7. Majlis Tertinggi UMNO, telah bincang kemungkinan perkara ini berlaku lagi dan memutuskan bagi mengelak perwakilan menidakkan keputusan Bahagian, sesiapa yang dicalon oleh Bahagian akan dapat 10 undi bonus.

8. Malangnya apabila Dato Seri Anwar mencabar Tun Ghaffar, entah bagaimana jumlah bahagian yang mencalonkan Anwar begitu tinggi sehingga undi bonus shaja pun boleh kalahkan Ghaffar. Tun Ghaffar terpaksa tarik diri dan Anwar pun naik jadi Timbalan Presiden dan Timbalan Perdana Menteri.

9. Ada sesuatu yang tidak kena yang telah berlaku kerana undi bonus. Nampaknya ada cara untuk menguasai bahagian sehingga perwakilan kehilangan hak mengundi sama sekali. Jelas sistem bonus boleh disalahgunakan.

10. Untuk meringkaskan cerita Majlis Tertinggi UMNO memutuskan untuk mengganti bonus dengan kuota. Jika seseorang calon betul-betul layak maka dia tentu mampu mendapat pencalonan secukupnya dari Bahagian. Bagi jawatan presiden tokoh yang layak perlu mendapat 60 pencalonan oleh Bahagian. Dengan cara ini hanya calon yang buruk, termasuk Presiden yang tidak akan dapat pencalonan yang mencukupi.

11. Malangnya penguasaan parti oleh Presiden yang juga Perdana Menteri amatlah kuat. Dengan cara-cara tertentu Presiden boleh memaksa supaya hanya dia sahaja yang dicalon. Pencabarnya bukan sahaja tidak akan dapat 60 bahagian tetapi dilihat hanya bahagiannya sendiri sahaja yang mencalonnya.

12. Sekali lagi sistem ini gagal untuk membebaskan bahagian dan ahli untuk bertindak mengikut kehendak mereka yang sebenar. Justeru itu memanglah baik sistem kuota ini dihapuskan.

13. Saya berdoa selepas ini penyalahgunaan kuasa oleh Presiden akan dihapuskan dan pencabarnya akan dapat bertanding. Tetapi setakat ini belum ada keputusan tentang cara mana seseorang dapat dicalonkan.

14. Sebenarnya tidak ada sistem yang tidak cacat. Samada sesuatu sistem berkesan atau tidak bergantung kepada pengamalnya. Apabila pengamal dipelbagai peringkat mudah di suap, sistem apa pun tidak akan menghasilkan yang terbaik.

Khairy Calls For Fast Selection Of Candidate For B.Pinang By-Election

SEREMBAN, Sept 17 (Bernama) -- Umno Youth chief Khairy Jamaluddin hopes that the Barisan Nasional (BN) candidate for the Bagan Pinang state by-election will be decided quickly because it has raised too many questions among party members and the voters in the constituency.

"For me, this speculation is unhealthy. So I hope the question of the BN candidate from Umno can be decided as soon as possible," he said after breaking fast with Negeri Sembilan journalists here last night.

Asked whether Umno was in a dilemma over the choice of candidate, he said there was no dilemma because he and the leadership believed that the most important criterion was to find a candidate who could win , meaning a candidate acceptable to the voters.

"Whatever the candidate's background, if he can be accepted by the voters of Bagan Pinang, then he's the candidate that we must choose," he said.

Asked about selecting a candidate with a tainted record which could affect the BN's chances of victory, Khairy, who is also the Rembau MP, said the candidate must meet the criterion of being able to win and if it was felt that he could win, that was the candidate to support.

MCA EGM: A Decoy Tussle For MCA Presidency?

By Alan Ting

KUALA LUMPUR, Sept 17 (Bernama) -- Barely a year after he took office, MCA president Datuk Seri Ong Tee Keat will be facing another "election" when the party convenes an Extraordinary General Meeting (EGM) on Oct 10.

Ong has taken a huge risk by accepting all five motions proposed by supporters of his sacked deputy Datuk Seri Dr Chua Soi Lek, who, among others, are seeking a no confidence vote against Ong and to reinstate the latter.

The party president is seizing the bull by the horns, in chosing to leave it to the 2,377 delegates that represent 900,000 members to decide on his leadership following Dr Chua's expulsion for a sex video scandal.

"It's another party presidential election. That's how I look at it," a party insider told Bernama.

The EGM may yield several scenarios, firstly one side winning handsomely, the second of a no confidence vote in Ong and thirdly, and the most watched, the party president winning on a simple majority while Dr Chua makes a return to the party that expelled him on Aug 26 for a video sex scandal that happened two years ago.

The same party insider said anything less than the 60 per cent he secured in the party election last October would be viewed as Ong losing his support in the party and may cause him to vacate the post.

If the delegates pass the motion of no confidence against Ong and reinstate Dr Chua, it would also likely prompt Ong to come to the same decision.

"Although according to the party constitution, a two thirds majority is needed to remove the president, knowing Ong's style, he would prefer to throw in the towel if the motion is rejected with only a simple majority," the insider said.

"If that happens, under Article 40 of the constitution, the deputy president automatically becomes the president without having to seek a fresh mandate unlike previously," he added.

Before the constitution was amended in 1986, the deputy president can only be acting president and has to contest for the top post to become president.

Another party veteran voiced the possibility of a fresh party election if scenario three happened because the entire presidential council, which sacked Dr Chua, would resign.

While Dr Chua's side deny he is out to topple Ong, the president's supporters believe there is a "hidden element" in the motions to be debated at the EGM, which is to pave the way for his reinstatement and ascend to the party presidency.

"As the delegates will vote secretly for each separate motion, this could act as a safety net for Dr Chua. Unless the delegates vote in block and say no to all five motions, it would spell big trouble for Ong," the veteran said.

The remaining three motions are to annul Dr Chua's sacking, to revoke the appointment of any other deputy president and for no disciplinary action to be taken against delegates who had supported Dr Chua to call for an EGM.

Some party leaders are more worried about a possible deadlock if scenario three happens.

"It would prolong the crisis as we will be back to square one. It is just like marriage, if the two cannot reconcile, you cannot force it to happen," said a leader who did not want to be identified.

Ong and Dr Chua are believed to each have at least 30 percent hardcore backing and need to win over the remaining 40 per cent of neutral or fence sitters.

Crucial are the states of Selangor, Johor and Perak which account for just over 50 per cent of the delegates with Selangor having 431, Johor 418 and Perak 347.

The rest are Federal Territory which has 178 delegates followed by Pahang (176), Kedah (173), Penang (149), Sabah (148), Negeri Sembilan (122), Melaka (90), Kelantan (76), Terengganu (43) and Perlis (27).

War and disregard make Tamils hard and determined

“After looking at the people dying and dead bodies everywhere, it is like nothing threatens me any more, it is like I have had the hard time in my life and I think I am prepared to take up whatever happens in life now,” says Damilvany Gnanakumar, an Eezham Tamil of British citizenship, who witnessed war and internment camp in the island of Sri Lanka. "I'm not that old Vany that sits down and cries for little things. I'm stronger now after going through and seeing all that problem. My mind is clear now," she told Gethin Chamberlain of The Guardian in an interview Tuesday, asking at the same time, what have the people done wrong? Why are they going through this, why is the international government not speaking up for them?

Damilvany Gnanakumar, 25, a British Tamil biomedical scientist who witnessed the war in Vanni [Photo: The Guardian]

The 25 years old biomedicine graduate of Greenwich University was one of a small group of medics treating the wounded in Vanni.

The pressure from The Guardian, UK, was partly responsible for her release from Colombo’s internment camp.

Her horrifying eyewitness accounts not merely put to shame Colombo and the establishments of the International Community, but indicts them of serious crime against human civilisation, commented Tamil circles.

Even those who now shed tears in the international community still miserably fail in recognising the fundamental need that Eezham Tamils should get independence, the Tamil circles pointed out.

Damilvany born in Jaffna in 1984, and migrated to UK in 1994, chose to go to Vanni in February 2008 to serve the people. She is a classic example for the younger generation of the Tamil diaspora sharing ownership of the national liberation struggle, Tamil circles said, adding that this generation cannot be taken for a ride by anyone without resolving the fundamentals of the Tamil national question in the island.

Fast for the nation: Peace for Malaysia

Kampong Buah Pala, letter by P. Uthayakumar to Lim Guan Eng

HUMAN RIGHTS PARTY (HRP)

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

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

16^th September 2009

YAB Lim Guan Eng

Chief Miniter of Penang,

c/o Pejabat Ketua Menteri Pulau Pinang, By Fax No: 04-261 3003

Tingkat 28, KOMTAR 10503, Pulau Pinang. By E-Mail : limguaneng@penang.gov.my

Re: 1) In memorium, Kampong Buah Pala the last Indian traditional village in Penang.

2) Buah Pala road sealed off (The Star 16/9/09 page 13)

3) Developer says Council has given approval (The Star 16/09/09 page 31)

4) You too brutas (Guan Eng, DAP, PKR, and PAS)

5) What a wonderful game you played, Guan Eng

We refer to the above matter.

With the above and of the closing chapter of the last Indian heritage village in Penang having been raped and descerated, your goodself the DAP, PKR, PAS and UMNO may rejoice. But for the two million Indians in Malaysia this is the last nail in the coffin. DAP, PKR and PAS are not very much different from the UMNO/BN regime in so far as the working class Indians are concerned.

The tears of the powerless and working class Indians of Kampong Buah Pala will remain the most painful memory in the history of the Malaysian Indians vis a vis the DAP, PKR, PAS and UMNO axis. In fact DAP, PKR and PAS/PR are more blameworthy than UMNO/BN because they have always portrayed and championed themselves as the people’s saviour government upholding democracy (DAP) Justice (PKR) and fairness (PAS).

But as the victims of Kampong Buah Pala are “merely” the working class Indians it did not matter to DAP, PKR and PAS. They were tampled with brute force using UMNOS’ police and riot police and DAP’s Chinese gangsters.

We will never forget that the DAP/PR told us:-

1) Your goodselves and PKR Anwar Ibrahim’s election promise to preserve Kampong Buah Pala if your goodselves won to rule as the next Penang state government was as good as the Tamil saying “written on running water”

2) That the Kampong Buah Pala land sold by the DAP state government for a mere RM3.2 Million has shot up to RM150 Million within just over one year and therefore cannot “bail out” Kampong Buah Pala.

3) By the stroke of a pen you could have given a letter to the Developer by virtue of Section 116 (1) (d) the National Land Code that the Penang State government does not give consent to the intended demolished of Kampong Buah Pala. But you deliberatery chose not to do so.

4) By the stroke of a pen invoking Section 76 of the National Land Code read with Section 3 of the Land Acquisition Act, your goodself could have saved this last Indian traditional village in Penang but you chose not to do so. You would have done so had it been a Malay or Chinese traditional village, e.g Weld Quay, Khoo kongsi or Kampong Melayu.

5) After initially promising that no building permission would be given to the Developer until the Kampong Buah Pala problem is settled, today The Star reports “Developer says council has given approval”

6) After promising to apply for an urgent High Court Order to stop the demolishment as there was no State government consent to demolish the houses on alienated Penang State government land in Kampong Buah Pala, nothing was done by your goodself. Now you will tell us that it is academic for you to do so.

7) Your goodself had personally called the previous UMNO/Gerakan Penang State government robbers but you had done nothing to undo their injustices especially when the people power Hindraf Makkal Sakthi had empowered you to do so.

Your goodself had procured your Indian “mandores” and your cyber troopers to divert attention away from the real Kampong Buah Pala issue and instead do a Hindraf bashing.

9) The last straw for us was when Lim Kit Siang, Anwar Ibrahim and Hadi Awang stood by and watched silently this “blood letting” of the poor helpless and working class Indians of Kampong Buah Pala.

You too brutals! (Guan Eng, DAP, PKR, and PAS) What a wonderful game you played, Guan Eng.

We salute the villagers of Kampong Buah Pala who had done everything possible from the peaceful protests to the traditional Indian village bull fight, to a bullock cart protest at Komtar, little children presenting your goodself with a written appeal, being beaten up by the UMNO controlled riot police, and DAP gangsters and the police arresting the villagers and finally the self immolution attempt (trying to set herself on fire after dousing herself with kerosene) by a distraught lady in Kampong Buah Pala.

All this done by goodself and DAP, PKR and PAS as your political calculation may be that the Indians would have no other alternative as they would not vote for UMNO/BN and would have no other choice or alternative but to vote for DAP, PKR and PAS in the general elections is no longer tenable. Watch and learn!

Thank you.

Your faithfully,

________________________

P.Uthayakumar

(Secretary General (pro-tem).

What the Cabinet hid from the Malaysian public

Today, we are going to reveal the 18-page Cabinet paper on the Port Klang Free Zone (PKFZ) fiasco that has thus far cost the Malaysian taxpayers RM12.5 billion of our hard-earned money. Not only three Prime Ministers, but the entire Cabinet was briefed about the status of the project. In the end, the Cabinet endorsed what was going on rather than bring to book those responsible for the disaster that need not have happened. Be reminded that this Cabinet paper is covered by the Official Secrets Act, which means it is a crime to be in possession of it.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Do we really own that land we own?

The long and the short of it is we do not own that land which we own. We only have the right to use that land. The land belongs to the government. And the government can take it back from us any time it so wishes.

NO HOLDS BARRED

Raja Petra Kamarudin

I have thus far not commented on the Kampong Buah Pala land issue in Penang. One reason is because so much has already been said about the matter that there is very little I can add to the issue.

It appears that most comments made about the matter are very emotional in nature and the angle being taken is that poor Indian landowners are being oppressed by powerful people. The fact that the government of Penang is a Pakatan Rakyat government makes these people even angrier. They had expected the Pakatan Rakyat government to fight for the people rather than ‘take the side’ of the developer.

Some have even slammed Lim Guan Eng. They wanted Guan Eng to reverse the decision of the previous Barisan Nasional government. They just can’t understand why the Pakatan Rakyat Chief Minister, and from the DAP on top of that, is not the rakyat’s ‘champion’ as they had expected him to be.

I remember back in the old days when my grandfather’s land was acquired by the government. He was then still the Governor of Penang and he had just completed his retirement home on a plot of land in the Lake Gardens in Kuala Lumpur.

The government, however, wanted that plot of land plus the few surrounding it to build Malaysia’s new Parliament House. So the government acquired all the land on that hill and my grandfather lost his retirement home even before the paint on the walls could dry.

I remember seeing the house being given the finishing touches and not long after that it was totally demolished.

My grandfather may have been the Governor of Penang, but if the government wants to take his land then there is nothing you can do about it.

Over the last 50 years I have seen many plots of land acquired by the government. Some of them belonged to my friends and family. Even my own land was once acquired by the government.

Unfortunately, there is nothing much we can do if the government wishes to acquire our land. You see, under the National Land Code, we only have rights over the land as long as we pay the cukai tanah and as long as the government does not need it back. Once the government needs it then we lose that right to the land, never mind how many generations that land has been in the family.

In fact, our right over that land is only as far as the approved land usage of the land is concerned. If we need to change the usage then we need to apply for permission and only if the government approves the conversion of that land can we change the usage.

Therefore, agricultural land must only be for agricultural purposes and even then if it is for padi planting then it can only be used for planting padi and not for planting other agricultural produce.

In short, we can’t simply do whatever we like with ‘our’ land even though we may think we own that land.

Furthermore, our right to the land is only the space within six feet above it and six feet below it, so to speak. Therefore, if we discover oil 100 feet below our land, that oil does not belong to us but to the government. And we can’t stop any plane from flying over our land because the air space more than six feet above our land does not belong to us but to the government. In fact, even to fill your land or level it you need government approval.

Okay, maybe I am over-simplifying the argument, but this is as simple as I can explain it without throwing in too much legal jargon and whatnot.

The long and the short of it is we do not own that land which we own. We only have the right to use that land. The land belongs to the government. And the government can take it back from us any time it so wishes.

But the government can’t just take back our land for the heck of it. There must be a reason for doing so. And the reason must be that they need to develop the land for the needs of the community. So we, the individual, must lose our land so that the community can benefit.

Nevertheless, I remember more than 25 years ago when the Terengganu government acquired big chunks of land just for the heck of it. You see, at that time the state government had plenty of cash and did not know how to spend it -- thanks to the oil royalty it was receiving. So they just acquired as much land as they could get their hands on and built up a huge land bank for future development purposes.

The government did not even know what it was going to do with the land after acquiring it. And all the land belonged to Malays but they had not choice but to surrender their land. And many of them were padi farmers who lost their livelihood. Of course, the cash soon ran out whereas if they still had their land they could continue planting padi.

One thing to note is that the government can’t take back the land for free. The landowner must be compensated. And the compensation must be according to market value plus whatever loss we might suffer.

So, while we can’t challenge the government when it wants to take back our land, we can, however, challenge how much compensation we will receive.

Once the government takes back our land we can’t refuse to accept the compensation that the government wants to pay us. We accept the compensation but we ask for it to be noted that we accept the compensation ‘under protest’. Then we file in court a demand for more compensation.

Say the government acquires our 10,000 square feet land and pays us RM50.00 per square foot as compensation. We may feel this is too low. The compensation should actually be RM120.00 per square foot according to market value. Then there is our house sitting on the land which is worth at least RM350,000.00 if we were to build it today.

So we go to court and challenge the compensation. If the court agrees with us then the government has to pay us the difference of RM70.00 per square foot plus another RM350,000.00 for the house.

But we must first accept the RM50.00 per square foot compensation. We can’t refuse to accept it. If we do not accept the compensation then we can't demand the extra or shortfall. But on accepting the compensation we must note on the papers that we are accepting it under protest so that we can go to court to ask for more.

There is no issue about whether the Penang government can or cannot acquire the Kampong Buah Pala land. It can. The one thing we can argue about is whether the government acquired the land following the proper procedure. The next thing would be, if we are the legal owner of that land, is to challenge the compensation we are being paid, assuming we feel the compensation is too low.

Of course, we must also separate the legal issue from the moral issue. Maybe the government is legally allowed to acquire the land and did, in fact, acquire it following the proper procedure. But is it morally right for them to acquire the land? Is the land being acquired for the sake of development so that it will benefit the entire community or is it being acquired so that someone can make money from it and become very rich?

In short, the intention (niat) behind this whole thing has to be explored. Right, from the legal point of view, might not be right from the moral point of view. For example, it is legally right for the Minister to sign a detention order and detain you without trial for ten years just because you criticised Rosmah Mansor. But is it morally right in spite of the fact that he did it the legal way?

This should be the issue debated with regards to the Kampong Buah Pala land issue. And if the acquisition was because of a larger agenda then we need to go to part two. And part two would be are the landowners, even if they are squatters with no titles over the land, being paid the proper compensation?

Unfortunately, we can’t stand in the way of progress. But we must not become a victim of progress. Sure, sometimes when they widen roads and build schools and hospitals we end up having to make way for this development. But we must be properly compensated for our loss and not short-changed.

If we argue that you can develop the country but please do not touch my land, then there would be no development because most times development will have to be done in the built-up areas and not in the deep isolated jungles where no privately-owned land would be involved.

The Kampong Buah Pala folks are not the first to lose their land -- and neither will they be the last. Penang is crowded and most of the land is no longer government-owned. To continue developing Penang would mean it would affect private land. So what does the Penang government do? Stop all development?

MACC and gang sued for RM50 million

Lawyer Rosli Dahlan has sued 17 parties -- which include the Malaysian government, Utusan Malaysia, MACC and the A-G Chambers -- for alleged defamation, assault and false imprisonment. Let this 20-page document filed in court today tell the story of what Rosli was subjected to at the hands of the government and its officers. Whether he wins his case or not and whether he is awarded the RM50 million damages he is seeking is not crucial. What is would be that Rosli is able to tell his story and expose the MACC/AG and their lackeys for what they really are. And Rosli's story makes most interesting reading indeed. It is almost like a script from a Hollywood movie, except in this case it is real and not make-belief.

NO HOLDS BARRED

Raja Petra Kamarudin

Utusan Malaysia does it again (UPDATED)

Lawyer Rosli Dahlan is suing the government and various people for what they did to him two years ago. Fortunately, he did not end up like Teoh Beng Hock, or else he would not be around today to sue anyone. Utusan Malaysia, as usual, spun the story the other way around. Now, they have had to apologise. In the next episode we will reveal Rosli's Statement of Claim, which makes most interesting reading indeed. So stay tuned for more.

NO HOLDS BARRED

Raja Petra Kamarudin

92 celebrate as Malaysians on Malaysia Day

By Asrul Hadi Abdullah Sani

Hishammuddin (centre) said Malaysians should not take the country for granted. — Pictures by Jack Ooi

- The Malaysian Insider
PUTRAJAYA, Sept 16 — 92 Malaysians celebrated a very special Malaysia Day when they received their Malaysian citizenship papers from Datuk Seri Hishammuddin Hussein today.

Together with their families, they eagerly waited for the Home Minister to arrive today at the National Registration department here.

The 92 — of every age, race and background — were waiting for what they and their families have been struggling for so many years to achieve: the right to finally call themselves Malaysians.

There was much heartache before today as many lacked access to proper education and health care, or travel because they did not have any citizenship papers. Some were even teased and regarded as foreigners.

Joy showed on the families’ faces when one after another received letters confirming their status from Hishammuddin.

One, Leong Chwee Chun, even hugged Hishammuddin later and exclaimed: “I am the happiest person in Malaysia today!”

New citizens proudly display their citizenship papers

The 64-year-old from Kuala Pilah had applied for citizenship when she was 28 years old, and told reporters that her father had lost the documents during the Japanese occupation.

Another, Sim Hua, a 68-year-old grandmother, had to wait for nine years after asking MCA Klang for assistance in her application.

Her parents were illiterate and did not know how to register her birth when she was young.

“I am very happy and would like to thank Datuk Seri Hishammuddin,” her daughter told reporters while holding Sim’s hand.

However, the darlings of the ceremony were seven-year-old twins Lavinya and Nikita Vikram.

The adorable twins did not have citizenship papers because their parents had them before marriage. The mother was also Russian and under 21 years of age at the time.

“There was no future for them but the future is now bright. I am so happy today. Thank you Datuk Seri,” father Vikram told reporters.

“We love Malaysia!” the twins cheered.

“We love Malaysia!” Two young girls wave flags after today’s ceremony

At a press conference held after the ceremony, Hishammuddin said that 70 per cent of the 32,927 applications for citizenship from 1997 to December 2008 had been processed.

He said the government hoped the remaining 30 per cent would be processed by the end of the year.

Hishammuddin added that today should be a reminder for Malaysians not to take the country for granted.

“The fact that people want to apply to be citizens of Malaysia, there must be something of value. There must something special about Malaysia, that people want to become citizens of Malaysia.

“It is just that sometimes we ourselves who have been citizens of Malaysia for so long take things for granted,” he said.

Terengganu MB blames political crisis on ‘interference’

KUALA TERENGGANU, Sept 16 – Menteri Besar Datuk Ahmad Said claims that the ongoing political crisis in Terengganu is due to interference by “irresponsible parties”.

He said this was because Barisan Nasional (BN) state assemblymen in Terengganu had no reasons to oppose his leadership.

“Several hands are at play, causing this crisis. If I am a junior assemblyman, then I can understand the dissatisfaction but I am the most senior of 28 BN assemblymen in Terengganu.

“I was also State Umno Youth chief, Umno Youth Exco member and State Exco member for two terms,” he told reporters after chairing the State Exco meeting here today.

Ahmad who declined to reveal the parties concerned said he knew who were behind the political crisis in Terengganu.

On the meeting between six assemblymen and Terengganu Umno liaison chairman Datuk Seri Hishammuddin Tun Hussein in Putrajaya last night, Ahmad said they had met him first.

The menteri besar said he managed to form the state government as he had the support of all BN assemblymen.

He added legal action would be taken against a local newspaper for failing to apologise and correct a report on Sept 4 which he claimed to be libellous.

“The report portrayed to society that I was responsible for the political crisis in Terengganu,” he said. – Bernama

Cleaning up the Judiciary – was the Chief Justice right?

by Art Harun

When I first read the news report in the Star that YAA Tan Sri Zaki, the Chief Justice, had told 2 errant High Court Judges to voluntarily resign, my initial reaction was one of pleasure. I thought it was good that the CJ has finally cracked the whip and told these useless Judges to leave the Judiciary. However, after having thought about this issue with a little bit more depth, I am now hesitant to say that it was a good move by the Chief Justice.

Our Judiciary was among the best in the Commonwealth prior to 1988. We had people of absolute integrity and capable of serving justice with the highest standard of knowledge of the law coupled with flawless judicial temperament. Tun Suffian was highly regarded as among the finest. His Majesty the Sultan of Perak, Raja Azlan Shah was among the best. Tan Sri Eusoffee Abdool Cadeer, who would scold Counsel in Latin, could teach a thing or two about the law even to some British law Lords themselves. And at the lower rung of the Courts, we had Judges such as Dato’ VC George; Dato’ Mahadev Shanker; Dato’ NH Chan; Dato’ Razak Abu Samah, Tan Sri Harun Hashim et al. It was indeed a pleasure and an honour for me, as a young Counsel then, to appear before all these legal giants.

Of course the regime of Tun Dr Mahathir Mohammad had to change it all in 1988. Just after the highest Court of the land, led by none other than Tun Salleh Abbas had bent over backward to appease the Government in the UEM vs Lim Kit Siang case – and in the process set our administrative law back by about 50 years! – Tun Salleh was himself subjected to the ignominy of having to defend himself before a doubtful tribunal. The rest is history.

Our Judiciary was never the same again, until today. Tun Dr Abdullah Ahmad Badawi’s efforts in restoring some semblance of integrity in our Judiciary had seen the establishment of a Judicial Appointment Committee. How far does that go towards restoring public confidence in our Judiciary? When the absolute power of appointment still rest with the Prime Minister and nobody else, what does it matter whether there is a JAC or not? The JAC might well be just another coat of paint on a very old and rickety wooden hut full of white ants. Or favoured by Tan Sri Eusoffee, it is a very thick white sauce over a very large red herring.

To a large extent, the public have become numb with our Judiciary. The people know that there are some honest and hard working souls in there. But the people also perceive some unsavoury shenanigans in there. To top it up, the appointment of YAA Tan Sri Zaki, a former leading UMNO legal adviser, as the Chief Justice served to fan discontent with a section of the public.

Lord Chief Justice Hewart’s oft repeated pronouncement, “justice should not only be done, but should manifestly and undoubtedly be seen to be done”, is not only a legal truism as much as it is in fact an expectation. However, there is an obvious lack of appreciation as to what this phrase entails on the part of our Judiciary and Government. It really does not matter whether a given Judge had arrived at a decision after having applied the relevant laws honestly, with absolute integrity and the soundest of reasoning. If the ultimate stakeholder of the Judiciary, namely the people and litigants perceive that there is something wrong or improper, than justice is not seen to be done.

To illustrate, just imagine a situation where a brother of mine is a Judge (none of my brothers is a Judge I must hasten to add). Let’s say I have a case and the case is heard by my brother. Now, regardless of the fact that my brother is the most honest person on earth, and regardless of the fact that he has decided the case in my favour correctly under the law, justice is not seen to be done. This is because he is my brother. How could he hear and decide on my case? That is the crux of it all.

I have stated that the ultimate stakeholder is of course the litigants and the people. The people look to the Judiciary for justice and implementation of the law. The Judiciary is therefore not a private institution. It is an institution which is in the public domain. Although the Judiciary, theoretically, is not answerable to any branch of the administration of this country, it must however be able to withstand the closest of scrutiny by the people. And it must be able to take it up its chin with nary a grimace on its face.

The legal fraternity is pregnant with speculations as to the identity of the two Judges who are now asked to leave. The antics of one of these two Judges have been a source of wonderment for a very long time. He has been misbehaving from day one. His was a case of a Judge who was contemptuous of the very seat of justice which he himself occupies! Thus it is a source of another great puzzlement as to the timing of him being asked to leave. Why now? Or why only now? I am sure the public would ask.

Judges are well protected under the law. And it is not any insignificant law at that. They are protected by no less than our Federal Constitution. Under Article 127 for instance, the conduct of a Judge cannot even be discussed by Parliament without a notice of a substantive motion being given by not less than a quarter of the total number of Parliamentarians. Also, a Judge cannot be dismissed except by His Majesty the King upon a recommendation by a tribunal established under Article 125.

Such is the protection accorded to Judges. This is necessary in order to prevent the Executives (the Government) from interfering with the Judiciary by asserting powers of dismissal or transfer at its own whims and fancies. Nevertheless, with compliant cohorts, 1988 has proven that despite such protection, the system could still be breached!

It is therefore imperative that any decision to remove any Judges, whether by reasons of misbehaviour or wrongdoings, must be done, and ONLY be done, in accordance with the procedure enshrined in the Federal Constitution. It does not speak volume for us to say that the procedure would be too expensive, time consuming or cumbersome. It is there for a reason.

My concern is this. What will the public now think? They do not know what these two Judges had done. Is justice seen to be done? To the people, it might not be. They could question the real intention. Why wasn’t the Federal Constitution followed? What were the complaints against them? With all due respect, to ask Judges to resign voluntarily in the comfort of the Chief Justice’s chambers without laying out the exact reasons, in clear and precise terms, is a recipe for disaster. The Judiciary is not a private coperation or institution where disciplinary proceedings could be initiated and proceeded with behind closed doors.

Had there been a tribunal, all these would be in the public domain. There would not be any speculation. Nor would there be any suspicion of unsavoury motive or motivation. If a citizen could be given the right to be heard, – and this includes the right to be defended – why wouldn’t a Judge be accorded such right?

With all due respect, this is a dangerous precedent. And it is not going to help improve the image of the Judiciary. Not when justice is not seen to be done.

'I am sorry, Dr M' says slipper Peter

PETER SUGUMARAN: I regret demeaning Tun Dr Mahathir Mohamad

IT’S finally out in the open.

After much speculation over the identity of the MIC member who had called for the portrait of Tun Dr Mahathir Mohamad to be garlanded with slippers, it is now revealed that the person was none other than MIC’s Paya Besar division deputy chairman Peter Sugumaran.

And after his initial bluster, all he wants now is to say sorry to the former prime minister.

“What I want to say is, Dr Mahathir, I am sorry for demeaning you,” he told Malay Mail in a telephone interview yesterday.

Sugumaran admitted that the decision was a bad call on his part and expressed remorse over the incident. “In the heat of the moment, I didn’t know what I was talking about,” he said.

“The words just came out of my mouth. I didn’t plan it when I went onstage to say my piece,” said the retired Tenaga Nasional Berhad employee.

Recalling the incident during the party’s presidential debate on Sunday, Sugumaran said that halfway through his speech, MIC president Datuk Seri S. Samy Vellu got up and stopped him in his tracks, telling him not to criticise Dr Mahathir.

However, when asked to clarify allegations by several party members that he had allegedly, the night before his speech, declared his intention to criticise Dr Mahathir when he took to the stage, Sugumaran replied in the affirmative.

“It’s true. I did tell several delegates that I wished to speak my mind on outside interference but I didn’t mean to put down the great leader,” he said.

The three-term division deputy chief said he was prepared to face any action deemed fit by the party disciplinary committee over his action and reiterated his regret over the incident.

“Upon realising my mistake, I apologised to the president. I also conveyed the same message to my State chairman Datuk Davendran Murthy,” said Sugumaran.

When contacted, Davendran, the Sabai State assemblyman, said he was surprised that Sugumaran could suggest such a thing (about Dr Mahathir).

“I’ve known him a long time. He’s a well-mannered person and not usually the kind of man to do such a thing.”

Earlier yesterday, Samy Vellu announced Sugumaran’s suspension with immediate effect for suggesting that a garland of slippers be placed on Dr Mahathir’s photograph at PWTC, the venue of the MIC general assembly last weekend.

He said the party would wait for the recommendations of the disciplinary committee to the Central Working Committee (CWC) before deciding on any further action.

The disciplinary committee has to issue a show-cause letter asking the delegate to provide an explanation. The party’s constitution provides for the disciplinary committee to warn, suspend or sack a member, but its decision has to be endorsed by the CWC.

“I hope with this decision, the issue would be put to rest,” Samy Vellu said.

He said that he had also discussed the issue with other senior leaders in the party and they agreed with the suspension.

MIC vice-president Datuk Dr S. Subramaniam said he agreed with the suspension.

“We do not condone the delegate’s action as it is against Indian culture and (standards of) civility,” he said in a statement.

Dr Subramaniam said other delegates had also condemned the delegate’s remarks during the debate. The “garland of slippers” suggestion came after some MIC members got upset with Dr Mahathir, who was quoted by the Makkal Osai Tamil daily as saying that Samy Vellu had done nothing for the Indian community and that he had “stayed too long”.

Samy Vellu first criticised the former premier for interfering in internal party matters, but said he opposed the garland suggestion and would take disciplinary action against the delegate.

Issue puts Samy Vellu in a tight spot

MIC president Datuk Seri S. Samy Vellu (pic) is in a tight spot for raising tensions at last weekend’s MIC general assembly with his anti-Mahathir grandstanding.

Dr Mahathir had suggested the veteran leader make way for younger leaders and endorsed defeated deputy presidential candidate Datuk S. Subramaniam as the successor.

Prime Minister Datuk Seri Najib Razak also suggested in his address at the assembly that political leaders should not just be satisfied with being popular within their parties, but should be more concerned with how the public views them.

In Samy Vellu’s speech, he said that the Indian community was upset with the Barisan Nasional (BN) administration for not doing enough for them.

Samy Vellu and candidates aligned to him swept the board in a demonstration of his iron-grip on the MIC. But the veteran leader is finding it hard to contain the anti-MIC rhetoric from Umno that followed the “garland of slippers” incident.

He took action against Peter Sugumaran, the delegate from Paya Besar division in Pahang, yesterday but his supporters have moved to the frontline to ward off attacks against him.

Said political analyst Dr Ravindran Savrimuthu: “Samy Vellu may have sacked the delegate in the hope that the matter would be put to rest.

“But he would be fully aware that only a personal apology to Dr Mahathir would bring an end to the issue.”

Ravindran said Samy Vellu should abandon his “tough guy” stance in this case in the larger interest of the BN.
Umno leaders and a variety of BN leaders have described the “garland of slippers” suggestion as rude, excessive and extreme.

They said BN members must show that they respected others, respected leaders and were individuals who valued culture and tradition and upheld decorum in the coalition.

No approval granted for road closure: MPPP - Anil Netto

The Penang Municipal Council has strongly denied that approval was given to Nusmetro to block access to Jalan Kaki Bukit, the road that passes through Kampung Buah Pala. The Council refuted the claim by the firm’s director, reported in The Star, that approval had been given.

Said the council in a statement today:

The road that was closed is a public thoroughfare and any application to close it has to be referred to the Public Works Department and the Land Office for approval.

In this connection, the Council has directed Nusmetro to remove all obstacles to Jalan Kaki Bukit and to repair the damage immediately.

At lunch time today, workers removed the obstacles and Jalan Kaki Bukit was once again re-opened to traffic.

That’s it? No penalties for illegally shutting down a public road for a whole day? We get fined by the Council for minor offences such as parking outside allotted bays or if the parking meter runs out. It is simply amazing that the developer even thought it could get away with shutting down a public road.

This morning, the demolition crew returned to the village to continue where they had left off but the villagers told them they were still negotiating with the developer. The workers left.

Meanwhile, the state government, pre-empting any possible move by the villagers to relocate to an adjacent 2.4 acre plot of state land, has put up a couple of sign-boards prohibiting trespassers.

The remaining 12 households who have not signed up for the “double-storey-houses-worth-RM500,000″ compensation are trying to secure a one-off payment from the developer. They are asking for RM300,000 per household, which will assist them in raising funds to secure another plot of land in Gelugor, where they hope to relocate their community and village. Negotiations could continue.

MIC To Woo Indian Voters To Return For Bagan Pinang Poll

KUALA LUMPUR, Sept 16 (Bernama) -- The MIC will work on bringing back 2,000 Indian-registered voters who reside or work outside Bagan Pinang for the Oct 11 by-election of the state seat.

MIC president Datuk Seri S.Samy Vellu Samy said he led a team to Bagan Pinang yesterday, a day after the Election Commission announced the by-election date, on a fact finding mission.

"Our main task will be to bring in the 2,000 Indian voters on polling day," he said when contacted Wednesday.

He spent half-a-day visiting four Indian-majority areas in Ladang Seliau, Ladang Arthurthen, Ladang Sua Betong and Ladang Bradwall, which have 1,890 of the 2,600 registered Indian voters who form 20 per cent of the electorate.

He was accompanied by the party's newly elected vice-president Datuk Dr S.Subramaniam, who is Human Resources Minister, and Negeri Sembilan MIC chief Datuk T.Rajagopalu.

Samy Vellu said that based on the party's survey, up to 2,000 Indian voters were no longer staying in the constituency but were residing in nearby areas, with 40 per cent living and working in Seremban, Kuala Lumpur and Johor Baharu.

The MIC would start mobilising its election machinery to be headed by deputy president Datuk G.Palanivel.

Samy Vellu said Dr Subramaniam and the other two vice-presidents, Datuk S.K.Devamany who is Deputy Minister in the Prime Minister's Department and Datuk M.Saravanan, the Deputy Federal Territories Minister, would each head a team for the polls.

"They will mobilise hundreds of party Youth and Wanita members to assist families (of voters) by staying with them. I will oversee the running of the entire team to ensure a victory for Barisan Nasional," he added.

He said the MIC would adopt a different strategy to woo the Indian voters in the by-election and identify 'hot spots' based on the last general election.

Government Open To Discussion Over Penan Issue - Shahrizat

KUALA LUMPUR, Sept 16 (Bernama) -- Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil said the government is always willing to discuss with non-governmental organisations (NGO) over the sexual abuse of Penan women and girls in Sarawak.

"They need not demonstrate as we always provide them the space to voice their opinion," she said when commenting on the peaceful demonstration by 27 NGOs in front of the Prime Minister's Department this morning.

Shahrizat was shocked to learn that one of those involved was the head of a special committee formed by the ministry.

"I was shocked that Women's Aid Organisation (WAO) executive director Ivy Josiah was involved as she was head of the speicial team.

"We don't know why they did this but we can't discount there was a hidden agenda," she told reporters after launching a Ramadan programme here Wednesday.

She said the ministry would be having a meeting on the Penan women development programme with the Sarawak Chief Minister's Department on Oct 6.

Several government agencies and NGOs would be involved.

The minister rejected a claim by NGOs that Penan women and children had been marginalised from mainstream development as a lot of programmes had been implemented.

"The claim is baseless as it only referred to those left behind. There are others who have big houses and cars with successful children," she said.

916: Penang for Penans - Jeff Ooi

The Penang State Government observed Malaysia Day today with a contribution of RM30,000 to help seek justice for the Penan teenage girls raped by loggers in the interiors of Sarawak.

The contribution was pledged by the Penang Chief Minister during a special congregation of civil servants at the Dome, Komtar, this morning.

Among the observers were Kota Sentosa state assemblyman and MP for Bandar Kuching, YB Chong Chien Jen (DAP) and state assemblyman for Ngemah, YB Gabriel Adit (PKR). Pakatan Rakyat YBs from Sabah could not make it to Penang but did send their regards.

The highlight of the event was a 50-minute theatre performance scripted by Kedah-born Dinsman in conjunction with the fasting month of Ramadhan, titled: Menunggu Kata Dari Tuhan.

The play is based on a lengthy hadis of Riwayat Bukhari & Muslim, depicting the inner struggle of Nabi Muhammad's senior aide, Ka'ab bin Malik, who had refused to follow the Prophet to the Battle of Tabuk.

I reproduced the text of the speech delivered by Guan Eng at the event.

MERDEKA and A Happy Malaysia Day to all of you!

Buah Umno: Buah Pala

The tragedy of tale of Kampung Buah Pala is – as it should be – a reminder to us all of the utter failure of the Umno/BN regime to live up to its commitments to the people. Fighting poverty has presumably been one of the pillars of the Umno rhetoric for decades. But instead they have indulged in toxic communalism and almost irreparably damaged the social harmony of the country.

As much as the current state government in Penang is understandably having to resolve a messy dilemma manufactured under the watch of the previous BN regime, and as much as I sympathise with the predicament that DAP-led state government has been put into by the previous BN regime, surely every reasonable Malaysian ought to appreciate the tragedy that has unfolded for these residents of Kg. Buah Pala.

And as my Auntie Maalini has rightly reminded me, perhaps it is worth remembering that there are far too many poor Malaysians – and to be quite candid about it, especially non-Malays - who know that they are not the ones who are typically prone to getting the attention of the government and receiving aid when they are in dire straits.

I’m sure there must been some deep apprehension among the residents that once displaced, they might well become part of the pool of discarded poor, non-privileged Malaysians who have never been the beneficiaries of special BN programmes that would afford them special housing loans, allowances, or low-cost housing. These residents must surely fear that unless they put up a fight, like countless other underprivileged Malaysians whose rights under the BN regime apparently don’t seem consequential, they too will fall through the cracks and become part of the statistic of poor Malaysians deemed unworthy of help.

And the proof is in the pudding. How often have we seen the pathetic MIC falling over itself trying to grab publicity about helping some destitute family or another once their plight is exposed? How often do we hear some high-and-mighty BN minister blabbering about the welfare of the poor? But alas, within days, as soon as the television cameras move on, all is forgotten. These afflicted poor – living in desperation - are left stranded and without options. Without real options, because the BN regime finds them unworthy to be provided with low-cost housing or some such programme, these residents - like other squatters who have been neglected for much too long - find themselves in a state of desperation.

When developers and fat-cat politicians make deals to boot-out these poor, why would they not get upset? And where are the multi-billion ringgit housing schemes for these non-privileged people, who because of their race, are blatantly deemed suitable to be treated with contempt?

But fate has also conspired against the DAP, such that it has found its hands tied by the legal bind and mess that the previous BN regime put in place regarding Buah Pala. Hence, the demolition of Buah Pala, which the DAP has been forced to oversee, might cost it some popularity points, but we’ll only be fooling ourselves even more if we once again complacently fail to see through the flawed and failed BN rhetoric about dealing with poverty across the board in this country.

Yes, maybe the MIC has a point – if only in trying to deflect blame from itself – that the BN has failed in its promises. But one has to wonder at the ineptness of these MIC politicians who – despite repeated failures and neglect by the Umno/BN regime – insist, nevertheless, on getting into bed with them.

I can clearly see Auntie Maalini’s point: the poor – like the residents of Buah Pala know - that once they’re browbeaten to give up what little they have, they can kiss goodbye to any chance of getting it back. But their response reflects what most poor people know about the way the BN regime does things.

Just maybe, Guan Eng’s government in Penang will show all Malaysians exactly how a just and morally responsible government should act in addressing the plight of the residents of Buah Pala - and the poor.

G. Krishnan

Man behind slippers row says he gets carried away

KUALA LUMPUR, Sept 16 – The man at the centre of a raging quarrel between MIC and Umno for wanting to hang a garland of slippers on a photograph of former Prime Minister Tun Dr Mahathir Mohamad is nonchalant about the storm he has sparked.

Peter Sugumaran, 56, the deputy head of the Paya Besar MIC division in Kuantan, Pahang, told The Malaysian Insider by telephone today that he was deeply hurt by Tun Mahathir’s criticism of MIC president Datuk Seri S. Samy Vellu.

“I was deeply hurt when Tun said Datuk Seri (Samy Vellu) had done nothing for the Indian community,” Sugumaran said. “It is Tun who had done nothing for us. Datuk Seri has done so much for us.”

”I admit I was carried away by emotions when I stood before the delegates. It was a big hall and there were so many people…I had to say something important,” Sugumaran said by telephone.

“I agree I have to apologised to Tun but I have to work it out in a proper manner, perhaps in a face to face meeting,” said Sugumaran, a balding, thick-set, bespectacled delegate.

He asked that his photograph was not published as a condition for talking to The Malaysian Insider. “I have this problem with my mouth…sometimes I get carried away and over speak,” he said.

Sugumaran works in a giant utility company and had faced several disciplinary hearings at work and was demoted for speaking up vocally on certain matters. “I always speak up and get hurt,” he said.

Current Sugumaran is on a better footing with the utility company although there had been rough patches.

The company is helping out with his medical problems and he is careful to watch what he says about company affairs.

Married with two grown up children, Sugumaran suffers from a slip disc and needs constant care. He is also involved in a tussle with Socso for help over the ailment.

He blames his latest controversy on his love for politics in India from where he took the idea of a garland of slippers.

There the “garland of slippers” phrase is used metaphorically and accepted universally as meaning unhappiness or dissatisfaction with someone.

“It is a common phase and when I was speaking about the problems faced by the Indian community and how the government has done little in the past 20 years, the phrase suddenly leaped to my mind,” Sugumaran said.

“Without a second thought I uttered the phrase,” he said. “It is not meant to be understood literally or seriously…I hope people understand this.”

Sugumaran said he has received numerous telephone calls including from the Special Branch and MIC leaders.

“I called Datuk Seri (Samy Vellu) and I apologised to him for getting him into trouble,” Sugumaran said. “Datuk Seri advuised be to remain cool and not get worked up and watch my health.”

“Datuk Seri is a great man,” Sugumaran said admitting he is Samy Vellu’s diehard supporter. “He dominates my life.”

Umno leaders and Malay NGOs have been castigating Samy Vellu and Sugumaran, demanding the party president offer a personal apology to Dr Mahathir, who had criticized Samy Vellu and urged delegates to support arch rival Datuk S. Subramaniam, in the run-up to the Sept 12 MIC elections.

Samy Vellu had returned the favour by slamming Dr Mahathir and Subramaniam and worked to deflect their criticisms.

In the end Samy Vellu’s team romped home in the party polls, defeating Subramaniam and his entire line-up.

Ex-ISA detainee looking forward to Aidilfitri with family

KUALA LUMPUR, Sept 16 — After seven years of welcoming Syawal without his family, Mat Sah Mohamad Satray is grateful to be able to celebrate the coming Hari Raya with his loved ones.

“I can’t wait to see my only son, who is now 16 years old. When I left him, he was only nine years old,” he told reporters when met at his father’s house in Ampang.

His wife and son are in Sabah.

Mat Sah was among five members of the Jemaah Islamiah Malaysia who were released from detention under the Internal Security Act (ISA) today.

Mat Sah said he was informed that he would be released four days ago. — Bernama