Pakatan: Zul Nordin is just stirring up more heat for himself

(Harakah Daily) - Pakatan Rakyat leaders have ridiculed suggestions by troubled Kulim MP Zulkifli Noordin that his PKR party was out to get him as the “lamest of excuses”.

They questioned why he did not write in immediately to the disciplinary council for a postponement of his "sentencing", but chose instead to call for a press conference where he had continued to hurl insults at his party and coalition colleagues.

"I can only reiterate that the PKR disciplinary committee is empowered to make independent decisions. If Zul thinks otherwise, he is only disrespecting his own party," PKR strategic director Tian Chua told Harakahdaily.

"The disciplinary board has made its investigations and was due to hear what he has to say before announcing its decision. Whether the panel feels the need to postpone the hearing is entirely up to it," Saifuddin Nasution, PKR secretary-general, told Harakahdaily.

Seeing through his tactics

On Tuesday, Zulkifli told reporters that the PKR disciplinary board had intentionally chosen February 18 and 23 to meet him. He also accused Tian, vice president Azmin Ali and senior leader Zaid Ibrahim of plotting to oust him.

“I wonder why they chose the dates, when PKR knew that I will be in Korea during that period to attend International Leadership Conference with other MPs,” said Zulkifli, adding that he would return only on February 25.

However, those of his colleagues who are familiar with his tactics believe that he already has an idea of the outcome of the board's investigations and has no intention to attend the meeting.

That he had once again tried to drag his party through as much mud as possible only underscored his insincerity and treacherous nature, they said.

“He thinks he is playing smart politics and keeping up the pressure on Pakatan to please Umno but I don’t think anyone is fooled. The number of PKR and Pakatan members who want him sacked definitely far exceed those who want him to stay,” a PKR insider told Harakahdaily.

“If he is entitled to give his views so freely, why can't others? It is also no secret how the majority of Malaysians feel about him either. In fact, the public has spoken and the feedback is quite clear - choose between us or Zulkifli!

"So what is he trying to do now? What is his motive? Why is he trying to prolong his stay in PKR if he is so unhappy? These are considerations that the disciplinary panel must give priority to when they meet. PKR and Pakatan must not allow themselves to be taken in again and again by this sort of political opportunists.”

Back-stabbing, racism

Meanwhile, PKR adviser Anwar Ibrahim apologized for selecting “shaky” candidates to stand for elections. Of late, his party has been bruised by a group of recalcitrant MPs such as Zulkifli, Nibong Tebal's Tan Tee Beng and Bayan Baru's Zahrain Hashim - who have all publicly condemned the Pakatan leadership.

To forestall an embarrassing public reprimand, Zahrain had quit last week. The minimum punishment expected for him, Zulkifli and Tan are suspensions from all party posts and benefits. Some party watchers have even predicted the sack for the trio.

“I feel sad that I asked you to vote for these people - I apologise. Now I have been stabbed in the back,” Anwar said during a PKR’s Chinese New Year open house in Penang.

At Zulkifli's press conference, he had asked for the disciplinary board to reschedule his meeting to either February 28 or any other day between March 1 and 5.

Not only did he claim there was a conspiracy to oust him, he also outraged his Pakatan colleagues by demanding that the disciplinary panel be made up of Muslims on the grounds that his case was related to the use of the word “Allah” by non-Muslims.

“This is another example why PKR must be strict with Zulkifli. Even now he is trying to 'racialize' the issue. He is trying to make people forget that he is being hauled up for lodging a police report against Shah Alam MP Khalid Samad,” a PAS leader told Harakahdaily.

BN, Perkasa protest at Australian mission

Some 250 people from the Barisan Nasional Youth and Malay rights group Perkasa gathered outside the Australian High Commission here today. – Picture by Syed Jaymal Zahiid

UPDATED

By Syed Jaymal Zahiid - The Malaysian Insider

KUALA LUMPUR, Feb 17 — The Barisan Nasional Youth and Malay rights group Perkasa gathered separately outside the Australian High Commission here today to protest against 50 Australian MPs who had asked for Datuk Seri Anwar Ibrahim to be freed of his sodomy charge.

BN Youth claimed it gathered 600 members headed by chief Khairy Jamaluddin and his Umno Youth deputy, Datuk Razali Ibrahim for the gathering. Khairy later led a delegation to hand over a protest memorandum to High Commissioner Penny Williams.

The crowd had earlier gathered at a nearby restaurant some 200 metres from the mission as early as 8.30 am and later marched towards the building carrying placards, banners with “Don’t Mess With Our Affairs!”, “Jaga Negara Sendiri (take care of your own country)” written on it.

As they marched, the crowd shouted “mind, mind, mind your own business” and “to hell with Australia”.

A Light Strike Force squad was deployed to form a barricade and prevent the crowd from gathering at the mission’s outer compound.

Only Khairy, Razali and MIC youth chief T Mohan were allowed to pass through the barricade.

Khairy later told reporters that he had met Australian High Commissioner Penny Williams to hand over the memorandum, which among others, demanded the Australian government to make their stand on the issue clear.

“We also want an open apology from the 50 MPs and we want them to retract the petition,” he said.

“This act is a clear interference with our internal affairs and an encroachment to our sovereignty and we will tolerate none of this,” Khairy added.

The BN and Umno Youth chief said the Australian High Commission had assured him that their government has no intentions of meddling with Malaysia’s affairs and are not prejudging the ongoing Sodomy II trial, a charge Anwar and other opposition leaders claimed is “trumped up” to kill its surging influence.

Khairy, however, slammed the accusations and said he believed the ongoing trial will take place in a transparent and fair manner unlike what is claimed by the opposition.

The 50 Australian MPs last week said the Malaysian government should drop the sodomy charge against Anwar, who leads the Pakatan Rakyat opposition pact. Anwar is charged with sodomising his former aide Mohd Saiful Bukhari Azlan on June 26, 2008.

The former deputy prime minister has denied the charge, the second such charge in 12 years.

Perkasa president and Pasir Mas MP Datuk Ibrahim Ali, who led his own members behind the BN Youth, was less diplomatic when stating his view to reporters outside the Australian High Commission.

Ibrahim said the reason why Michael Danby, the MP who led 49 others to hand in the petition calling for the charge to be dropped, is “supporting” Anwar is because he is a homosexual, a derogatory description leveled against Anwar by his political rivals.

“Birds of a feather flock together.I heard that Danby is a homosexual.” The BN Back Benchers Club (BNBBC) also sent a separate protest note at 11.15 am.

BNBBC deputy chairman Kinabatangan MP Datuk Bung Mukhtar Radin handed over their protest memorandum to Williams.

Bung Mukhtar told reporters that Williams had assured them that the views of Danby and the 49 MPs do not represent the Australian government’s stand.

He also said that the Australian MPs should not be carried away by Anwar’s side of the story. The opposition icon has been vigorously engaging the international media in a bid to woo support. “The case is not approached by the government but Saiful,” said the Kinabatangan MP. “Because the case is not broached by the government so how can they ask the judiciary to drop the case?” he added.

TIGA PULUH JUTA BERGANTUNG PADA SATU LUBANG

Lucah dan meloyakan terjadi kerana pada ketika ini United Malays National Organisation sedang cuba menarik nafas untuk mendapat talian hayat dengan menghidu rapat kepada lubang jubur si Saiful. Udara dari sebiji lubang ini diharapkan akan menyambung kembali nyawa United Malays National Organisation.

DARI JELEBU

Hishamuddin Rais

Akhirnnya perbicaraan Anwar Ibrahim bermula. Ini kes ulang buat. Dalam dunia filem ulang buat ini bukan satu yang pelik dan menghairankan. Banyak filem yang diulang buat. Pengulangan ini kerana pembuatan pertama dianggap berjaya dari hasil jualan tiket.

King Kong - pertama kali dibuat pada tahun 1933. Filem ini diulang buat pada tahun 1976 dengan Minah cun Jassica Lange sebagai kekasih King Kong. Apabila teknoloji komputer berkembang sekali lagi King Kong diulang buat pada tahun 2005.

Psycho – klasik seram - dari kerja seni Alfred Hitchcock dibuat hitam puteh pada tahun 1960. Kemudian pengarah Belanda Gus Van Sant mengulang buat pada tahun 1998. Ulang buat dari kerja Mamat Belanda ini cukup rapi. Dia meniru bingkai demi bingkai kerja seni Mamat Gemok Alfred Hitchcok. Malah dari filem hitam puteh - Psycho telah menjadi berwarna berwarni.

Sayangnya kebanyakan filem diulang buat ini menjadi kantoi dan gagal. Psycho yang diulang buat dilihat sebagai lawak bodoh. Nasib baik pengarah Mamat Belanda itu tidak membunuh diri kerana malu. Jassica Lange menyesal tetapi ketika itu dia belum ada pilihan. King Kong 2005 juga menjadi lawak yang dipenuhi dengan kerja komputer dan bukan kerja membuat filem.

Malah, apabila ada sahaja desas desus sesebuah filem ingin diulang buat akan muncul lawak-lawak mengatakan betapa kurangnya idea dan cerita baru dari Hollywood. Ada pengarah yang akan menyurokkan muka ke bawah bantal kerana malu tidak ingin terbabit dalam kes ulang buat ini.

Warga Malaysia kembali belabon, bersembang dan berbincang apabila mendengar tuduhan terhadap Anwar. Akhirnya satu Malaysia ketawa dan tersenyum. Ini juga satu kes kerja ulang buat.

Tema sandiwara ulang buat ini cukup senang untuk difahami:

Anwar Ibrahim wajib dimasukkan kembali ke dalam penjara. Ini kerana Anwar telah berjaya membawa satu politik baru untuk Malaysia. Politik baru ini telah mengikat satu setiakawan diantara Parti Keadilan Rakyat, Demokratic Action Party dan Parti Islam.

Gabungan setiakawan tiga parti ini dipanggil Pakatan Rakyat. Pakatan Rakyat adalah satu ikatan politik baru yang akan menggantikan United Malays National Organisations dan Barisan Nasional untuk mentabir Malaysia.

Pilihanraya 8hb March 2008 yang lalu telah membuktikan bahawa rakyat Malaysia telah berani dan sanggup menerima satu perubahan budaya politik baru. Dari nisbah kiraaan undi, terbukti majoriti rakyat Malaysia telah memilih Pakatan Rakyat. Ini menjadikan para gerombolan dalam Barisan Nasional terpaksa menahan kentut marah.

Justeru, Pakatan Rakyat wajib ditumpaskan. Satu konspirasi wajib diwujudkan sekali lagi. Konspirassi ini bertujuan untuk menumpaskan Pakatan Rakyat. Jalan pintas untuk memecahkan Pakatan Rakyat ialah dengan memenjarakan Anwar Ibrahim. Khalas. Period. Finito. The End. Fin.

Jika Pakatan Rakyat tidak ditumpaskan maka segala malaon dan pelesit yang selama berpuluh-puluh tahun ini menghisap darah rakyat akan menghadapi masa depan yang amat gelap. Apabila Pakatan Rakyat mengambil alih pentabiran Malaysia maka segala kerja-kerja jahat mereka - harta-harta rasuah mereka - kes samun dan kes bunuh mereka – semuanya akan diadili oleh rakyat.

Justeru kerana takutkan balasan ini - tidak dapat tidak - Anwar Ibrahim wajib dipenjarakan sekali lagi. Apa sahaja yang wajib dilakukan akan dilakukan untuk memastikan Anwar Ibrahim masuk ke dalam sel sekali lagi. Inilah sebenarnya tema ulang buat sandiwara yang sedang kita lihat sekarang.

Kes ulang buat sama seperti kes dalam tahun 1998 dahulu. Seorang protoganis baru telah ditemui. Lokasi baru telah dikenali. Tetapi ulang buat ini masih menggunakan skrip lama. Apa yang telah diubah hanya dailok/kata bual. Dialok kali ini dilihat agak gempaq. Banyak dialok telah diubah suai dan diperbaiki dari kelam kelabut pengucapan kata bual seorang supir yang daya fikirnya sama seperti Zulkifli Nordin. Yang baru datang hanya si Pereka set, si Tukang lampu dan para Pak Pacak.

Manakala yang dibelakang kamera pun masih orang-orang jahat yang lama. Ramai orang-orang jahat ini hampir pencen tetapi mendapat talian hayat untuk membuat ‘the last bottom show’. Jika kerja jahat ini gagal mereka juga akan turut mati oleh serangan bom kentut berjuta-berjuta rakyat Malaysia yang pada hari ini sedang menyimpan gas setelah lama memakan petai jeruk dan pengat labu.

Awas – warga Malaysia wajib sedar – dibelakang semua ini ialah Mahafiraun. Mahafiraun amat sedar jika Anwar tidak dipenjara maka yang akan masuk ke dalam penjara ialah Mahafiraun sendiri. Kes jahat Mahafiraun ini sudah berkepok-kepok. Kalau hendak dihitung tidak cukup pasir dan batu di Telok Kemang. Kalau hendak ditulis – dakwat seluas Laut China Selatan akan kering.

Kalau Anwar tidak dipenjara, Mahafiraun sedar dia sendiri akan tenggelam lemas dalam air ludah rakyat Malaysia. Justeru hari ini Mahafiraun akan melakukan apa sahaja termasuk mencari rambut palsu baru untuk bininya. Semua kerja-kerja jahat Mahafiraun ini bertujuan untuk memastikan Pakatan Rakyat tidak akan dapat mentabir Malaysia.

Apabila Psycho keluar untuk pertama kali pada tahun 1960 dahulu – dunia filem gempar. Berpusu-pusu dan berbaris orang ramai dan kaki wayang datang untuk mengintai buah dada Janet Leigh yang basah dan mongel dalam babak mandi sebelum dia dibunuh oleh Mister Bates - Anthony Perkins.

Apabila Psycho diulang buat tak ada sesiapa yang percaya lagi tentang keupayaan pengarah barunya. Ianya dilihat sebagai lawak seram yang tidak menyeramkan. Pekara yang sama sedang berlaku kepada kes Anwar Ibrahim. Apabila kes Anwar diulang sekali lagi di Mahkamah Jalan Duta kelihatan tidak ada satu babak pun yang akan memeranjatkan warga Malaysia lagi.

Sebenarnya warga Malaysia merasa hiba dan pilu bukan untuk Anwar Ibrahim tetapi untuk pakar konspirasi yang dilihat amat bodoh dan bangang. Warga Malaysia terpaksa bersimpati sedih diatas kebodohan pihak yang merancang konpirasi ini.

Bayangkan betapa sedihnya tanah air kita hari ini. Sebuah negara yang penduduknya berjumlah 30 juta sedang terumbang ambing. Masa depan negara dengan 30 juta warga sedang bergantung kepada satu lubung - lubang jubur si Saifol.

Sedih lagi pilu. Ratap lagi meraung. Lubang sedap Saiful adalah talian hayat untuk Najib Razak. Lubang sedap si Saiful adalah perancang garis eknomi negara kita. Naik turunya Bursa Saham Kuala Lumpur sama seirama dengan tekanan taik dalam lubang jubur Saifol. Sistem pertahanan negara kita ini juga bergantung kuat dengan berapa lamanya taik si Saifol dapat berkumpul dalam lubang juburnya.

Dalam sejarah tamadun dunia pekara ini tidak pernah berlaku. Tiongkok dipertahankan dari serangan Mongol bukan melalui lubang jubur tetapi melalui Tembok Besar China. Alhambra dipertahankan dan berkembang sebagai tamadun bukan melalui lubang jubur tetapi melalui ilmu dan falsafah.

Inilah hakikat yang sedang berlaku ke atas negara kita hari ini. Tidak ada tangisan yang akan dapat mengalihkan hakikat ini. Memang betul - bunyinya amat lucah dan meloyakan. Loya lagi meloyakan. Malu lagi memualkan. Porno lagi menjijikan.

Lucah dan meloyakan terjadi kerana pada ketika ini United Malays National Organisation sedang cuba menarik nafas untuk mendapat talian hayat dengan menghidu rapat kepada lubang jubur si Saiful. Udara dari sebiji lubang ini diharapkan akan menyambung kembali nyawa United Malays National Organisation.

Kita tunggu dan lihat apabila lubang jubur si Saifol ini terbarai setelah tidak terberak selama 52 tahun. Tiga puluh juta warga Malaysia wajib bersedia. Isi-isi dari lubang jubur ini akan bertaburan. Ketawa salah hendak menangis pun kita tidak berair mata lagi.

Kes Qazaf Anwar Ditangguh Hingga 10 Mac

Dari Malaysia Kini

Oleh Abdul Rahim Sabri

Mahkamah Tinggi Syariah Wilayah Persekutuan tetapkan 10 Mac untuk mendengar hujah tiga responden dan Datuk Seri Anwar Ibrahim berhubung permohonan ketua umum PKR itu untuk mendakwa bekas pembantunya, Mohd Saiful Bukhari Azlan atas kesalahan qazaf atau tuduhan palsu berhubung kes liwat yang dihadapinya.

Hakim Mohd Shukor Sabudin menetapkan demikian selepas mendengar hujah peguam kedua belah pihak di mahkamah pagi ini.

Keputusan penangguhan tersebut dibuat kerana peguam Anwar memerlukan masa untuk menjawab afidavit tiga responden tersebut.

Tiga responden yang dinamakan dalam permohonannya Anwar ialah ketua pendakwa syarie, Shamsuddin Hussain; pengarah Jabatan Agama Islam Wilayah Persekutuan, Datuk Che Mat Che Ali dan menteri di Jabatan Perdana Menteri, Datuk Jamil Khir Baharom.

Tarikh tersebut dipersetujui bersama oleh kedua belah pihak.

Kesemua responden tersebut diwakili tiga peguam, termasuk Zainul Rijal Abu Bakar manakala Anwar pula diwakili lima peguam yang diketuai oleh Kamar Aniah Kamaruzaman.

Anwar memfailkan permohonan qazaf itu pada 9 Julai 2008 di Jabatan Agama Islam Wilayah Persekutuan terhadap Mohd Saiful yang didakwa membuat “tuduhan palsu terhadapnya”.

Anwar, 62, berdepan dengan perbicaraan di Mahkamah Tinggi Kuala Lumpur terhadap tuduhan meliwat Mohd Saiful, 24, di sebuah kondominium di Bukit Damansara pada 26 Jun 2008.

Ketiga-tiga responden tersebut dinamakan dalam permohonan Anwar kepada Mahkamah Syariah Tinggi Kuala Lumpur untuk mendapatkan perintah dan relif supaya mahkamah mendakwa Mohd Saiful atas kesalahan qazaf di bawah Seksyen 41, Akta Jenayah Syariah 1997 dan/atau hukum Syarak dalam tempoh 14 hari dari tarikh perintah mahkamah.

Anwar juga memohon mahkamah memastikan agar responden kedua dan ketiga, tidak menghalang dan/atau mempengaruhi responden pertama daripada menjalankan tugas dan tanggungjawabnya dalam pendakwaan terhadap Mohd Saiful.

Selain itu, Anwar juga meminta supaya kos permohonan dijadikan kos dalam kausa; relif-relif lain yang mahkamah fikirkan perlu; dan kegagalan mematuhi perintah mahkamah boleh dikenakan tindakan penghinaan mahkamah.

Malaysia's Opposition Coalition in Crisis

(Asia Sentinel) Defections and other problems probably mean the opposition will lose its ability to block legislation requiring a two-thirds vote

It is beginning to appear that two-year of experiment with a viable opposition in Malaysia is just about over. Malaysian Insider, a Kuala Lumpur-based online news site reported last week that as many as 10 members of Pakatan Rakyat, the unwieldy coalition led by Anwar Ibrahim, could be about to defect.

Even if they don't, the opposition is flailing. Anwar's own trial for consensual sex with a former male aide continues and, given Malaysia's malleable court system, is expected to result in his conviction although appeals could take as long as two years before he is sent to prison. In the latest development, High Court Judge Mohamad Zabidin Mohd Diah said he could decide by himself whether he was sufficiently neutral to continue to hear the sodomy case. He dismissed Anwar's appeal against his hearing the matter Wednesday afternoon.

The question is where the opposition goes from here. Anwar has been unable to groom any successors, partly because the disparate nature of the three parties in the opposition makes it difficult for anybody to bridge the ideological gap. If he is jailed, it is questionable how long his martyrdom might last. When he was arrested on similar charges in 1998 – which were beyond a doubt trumped up to get rid of him – he led massive rallies in Kuala Lumpur against the government. But once he was imprisoned, the protests ultimately died away.

The major effect of the two-year opposition run appears to be a historic realignment of political parties, with Parti Islam se-Malaysia, with its roots in the rural, poor, fundamentalist northeast of the country. PAS has moved to consolidate its growing power in urban areas, particularly the area surrounding Kuala Lumpur as ethnic Malays are turned off by the continuing money politics and corruption in the United Malays National Organisation. And, say political observers in Kuala Lumpur, ethnic Chinese and Indians are turning to the party as well because of the corruption in their own coalition components.

In addition, too many of the opposition members were simply not prepared to hold office or to govern once they got there, analysts say. Some were disgruntled UMNO members who crossed to the opposition before the March 2008 elections on the opportunistic belief that Anwar, a charismatic leader, could actually gain control of the parliament. Now, the insiders say, since Anwar failed in his attempt to lure enough UMNO members to defect to the opposition, and with Anwar in the middle of a debilitating trial he seems sure to lose, they are looking for ways to cross back.

Problems within the Pakatan coalition, said a senior aide to Anwar, "have been simmering and with the case now in full force, it makes sense for the dissidents to add pressure on all fronts to create as much disunity and instability as possible.”

Whether 10 MPs will defect is uncertain. "I think it's possible,"said the aide. "But I'm sure there is a lot of horse trading going on."

Anwar returned to Penang on Feb. 16 to seek to shore up the coalition, the aide said. Anwar acknowledged in interviews with the local press that he had picked some of the wrong candidates in the 2008 elections.

"I selected the candidates for the parliamentary seats. PKR was new then. We had to field them,"he told reporters.

There has been a steady leakage from the coalition, made up of Anwar's Parti Keadilan Rakyat of urban Malays, the largely Chinese Democratic Action Party, and PAS for months. Last week, Zahrain Mohd Hashim, an MP from Penang state, quit with a blast at Lim Guan Eng, the DAP head of the Penang state government. Malaysia Insider reported that others are to hold a press conference this week to announce their departure from the opposition.

Anwar shocked the Barisan Nasional in March, 2008 elections by leading 82 opposition candidates to victory and taking a stunning 46.785 percent of the popular vote. The opposition won five of the 13 statehouses, including some of the most important and populous ones. It was the first time in the 50-year history of the country that the Barisan had lost its two-thirds majority in the Dewan Rakyat, or parliament.

However, it has been virtually downhill since for the opposition, capped by Anwar's arrest four months after the election on charges that can only be described as dubious. His accuser, Mohd Saiful Bukhari Azlan, was examined at two different hospitals by doctors who found no evidence of sexual penetration that would have indicated sodomy. Najib Tun Razak, then the deputy prime minister, acknowledged having met with Saiful before the charges were ever filed. The arrest came just a day after a live national telecast of a debate with Information Minister Shabery Chik in which Anwar basically demolished his opponent.

The question is where the coalition goes now. Forces for the Barisan, led by Najib and the United Malays National Organization, are harrying it on all sides via court challenges, criminal investigations, the Anwar trial and, if the critics are to be believed, offers of monetary inducements to opposition lawmakers to change sides.

Because the three parties are held together only by the glue of opportunism, public disagreements have surfaced repeatedly, often over religious issues, given PAS's fundamentalist underpinnings and what critics describe as the DAP's Chinese chauvinism.

That doesn't mean the Barisan is any better off. The Malaysian Chinese Association, which saw its seats reduced by more than half, has since been nearly destroyed by infighting following sensational revelations of the loss of billions of dollars in the development of Port Klang. The Malaysian Indian Congress has been equally badly hurt by attempts by S Samy Vellu, the party leader, to cling to power. The other ethnic Chinese party, Gerakan, was already inconsequential and reduced even more so.

Najib, however, has worked assiduously to try to put the Barisan Nasional back on track. He has been aided by a modest economic recovery. Corporate earnings were forecast to rise by nearly 14 percent in the year ending in August, meaning a relatively healthy outlook for job growth. The banking system emerged from the 2008 credit crisis virtually unscathed and while it is subject to an alarming level of capital flight, lending for business is sound in a system flush with cash. Najib has brought about some modest reforms, seeking cut back on Malay privileges enshrined in the country's affirmative action program for Malays, known as the New Economic Policy, which has outraged the former prime minister, Mahathir Mohamad, who has put his influence behind a new and growing movement, called Perkasa, which seeks to preserve the so-called Ketuanan Melayu.

Earlier this week, it was announced with considerable fanfare that an aide to a senior UMNO minister had been arrested in Penang on allegations he had been involved as the middleman in a series of approvals of projects, and that at least RM 2 million had been seized. However, the arrest, of a relatively small fish, points up to most people in Malaysia that major corruption in UMNO is being left unaddressed.

In particular, former Selangor State Chief minister Mohd Khir Toyo, a former dentist, has come under repeated criticism over how he was able to buy a vast mansion spread over two entire blocks with a swimming pool and playground estimated to have cost US$10 million on a state salary of RM48,000 (US$2,000) a month.

Khir Toyo said he had paid only RM3.5 million for the sprawling property.

How can Tsu Koon be a credible Minister in charge of Najib’s 1Malaysia GTP when he dare not speak out against the vicious Umno campaign?

By Lim Kit Siang

This Chinese New Year is a most unusual Chinese New Year.

As I have pointed out, probably in no other Chinese New Year since Merdeka has there been such a blizzard of conversational topics and talking points, from the two missing jet engines disappearing all the way to Uruguay; a multi-billion ringgit submarine that cannot dive; the RM12.5 billion Port Klang Free Zone (PKFZ) scandal still awaiting the prosecution of “big fishes”; Friday’s continued inquest into the mysterious death of Teoh Beng Hock and the question every Malaysian is asking, “who killed the DAP political aide Teoh Beng Hock who went willingly to Malaysian Anti-Corruption Commission (MACC) headquarters on July 15, 2009 and came out as a corpse the next day” and the continued trial and tribulations of Anwar Ibrahim – with the Court of Appeal decision this afternoon on DAP National Chairman and Anwar’s defence lead counsel Karpal Singh’s application to review its judgment and to strike off the Sodomy2 charges against Anwar and the decision tomorrow of the Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah to recuse himself from hearing the Anwar Sodomy 2 trial for bias.

I will not be at the Court of Appeal decision at the Palace of Justice in Putrajaya this afternoon but will be in the Kuala Lumpur High Court tomorrow.

But there is another reason why this year’s Chinese New Year is the most unusual in the nation’s history since Merdeka 53 years ago – the manner the Prime Minister’s Chinese New Year Message is openly undermined and torn to pieces by his own Ministers and political machinery.

In his Chinese New Year message, the Prime Minister Datuk Seri Najib Razak hoped all Malaysians would look ahead with greater optimism and resolve to build a stronger and more dynamic 1Malaysia.

But what happened just before and even during the Chinese New Year is the very opposite of Najib’s Chinese New Year message, for the people of Penang and Malaysia are witnessing a most irresponsible and vicious campaign to play the racial and religious card to create division, discord and disunity in multi-racial and multi-religious Malaysia – which goes against everything advocated by Najib’s 1Malaysia slogan and concept.

How can Najib’s 1Malaysia slogn and concept to create a united Malaysian nation where every Malaysian perceives himself or herself as Malaysian first and by race, religion or region second have any credibility when Umno has been unleashing a vicious campaign to play the race and religion card aimed at falsely painting the Pakatan Rakyat Penang state government and Penang Chief Minister Lim Guan as anti-Malay and anti-Islam?

How can the Gerakan President and the KPI Minister, Tan Sri Dr. Koh Tsu Koon be a credible Minister in charge of Najib’s 1Malaysia Government Transformation Programme (GTP) when he dare not speak out against the vicious Umno campaign through Utusan and other Umno-controlled media baselessly attacking Penang Chief Minister as anti-Malay and anti-Islam?

Penangites and Malaysians are reminded of Tsu Koon’s ignominous period as Penang Chief Minister, especially in September 2006, when he was publicly humiliated by Penang Umno leaders in the presence of the then Prime Minister, Tun Abdullah and he dared not emit even a protest.

After the political tsunami of March 8, 2008, Gerakan and MCA leaders said that they have learnt the lesson of their electoral debacle in the 12th general election and would no more be “dumb and deaf” and would speak up courageously for what is right and just.

But clearly, Tsu Koon has not changed, or as the Minister entrusted with the 1Malaysia GTP campaign, he should be the first to speak out publicly against the irresponsible and vicious campaign by Umno’s Utusan Malaysia and other Umno media to falsely accuse the Penang Pakatan Rakyat government and Penang Chief Minister Lim Guan Eng as anti-Malay and anti-Islam.

Tsu Koon was in Penang during the Chinese New Year and he did make criticisms, but against Guan Eng and not against Utusan Malaysia and other Umno agents in their irresponsible and vicious campaign to play the race and religious card against the Penang Pakatan Rakyat state government and Guan Eng – violating all precepts of Najib’s 1Malaysia slogan and concept.

I am not surprised to read in some of the more independent-minded pro-Umno blogs great disillusionment with the present set-up in the Barisan Nasional and calling for fundamental shake-up.

For instance, one pro-Umno blogger, who have no kind thoughts for BN Ministers whether MCA, Gerakan or Umno, wrote this blog on Chinese New Year Day:

“The Prime Minister appears to have become a one man show who is running the country all by himself. This does not seem to be by choice but necessity because the rest of the Cabinet is just not there. And sometimes when they speak, it becomes obvious it is better they do not speak.

“The PM can fire anyone from the Cabinet and nothing will happen to him, his Government, his party or the BN. This is a really rare alignment of the stars which is presenting itself to Dato Najib.

Lets look at it case by case. Lets say the PM drops the MCA Ministers. What will happen? Will the MCA leave the BN? If they do, then what? …If the MCA remains in the BN, does it bring back the Chinese vote? Nope. If they leave the BN will it get the Chinese vote? Nope. Or maybe it will. So whats the big deal with the MCA, yo?

“What about the Gerakan Ministers? Who? What animal on the almanac is that? We must have Chinese Ministers in the Cabinet but they need not be from the MCA or the Gerakan.

“Lets look at the MIC. Does the MIC represent the Indians? Well there are Indians in the MIC. If the MIC Ministers are dropped, it may even bring back the Indian vote. We must still have Indian Ministers but it need not be from the MIC or the PPP.

“Now lets look at the UMNO Ministers. If the PM drops a dozen of them, what will happen? Nothing. The party will not split. In fact, hearing all the comments coming out of UMNO and Perkasa, it is better for the PM to drop a dozen UMNO Ministers from the Cabinet than to keep them. It will certainly strengthen UMNO.”

Let me advise Tsu Koon that if he is to lose his Ministership, whether voluntarily or involuntarily, do it with honour and principles rather than without honour or principles.

Let him take a stand against the race and religious card played by Utusan and other Umno political operatives especially as it goes against the 1Malaysia Government Transformation Programme entrusted to him by Najib.

DAP and Pakatan Rakyat are determined to make the next general election, the 13th general election, a historic one for Malaysia.

We want Pakatan Rakyat to be in power not only in Penang and the various state government level, but most important of all, at the Federal Government to unseat Umno and Barisan Nasional from Putrajajaya.

We admit that Pakatan Rakyat is undergoing internal problems but a shake-out in the Pakatan Rakyat will be to the good if it leads to a more disciplined, cohesive and committed political movement for change for the people and country after more than half a century of Umno monopoly of power in the Barisan Nasional.

For this reason, DAP and Pakatan Rakyat cannot be anti-Malay and anti-Islam, just as we cannot be anti-Chinese, anti-Indian, anti-Iban, anti-Kadazan, anti-Christian, anti-Buddhist, anti-Hindu or anti-Sikh.

If we are anti-anything, we are anti-Umnoputras, anti-corruption, anti-injustice, anti-racialism and anti-religious fanaticism.

Bottom line, DAP and Pakatan Rakyat are for Malaysians and all the races and religions which can make Malaysia a great nation again from our pluralism and diversity.

[Speech at the Penang DAP Chinese New Year Open House at Penang Chinese Town Hall, Penang on Wednesday February 17, 2010]

Anwar Fail Bid To Throw Out Sodomy Charge

PUTRAJAYA, Feb 17 (Bernama) -- Datuk Seri Anwar Ibrahim on Wednesday fails in his appeal at the Appellate Court here to throw out his sodomy charge.

DETAILS OF THE STORY WILL FOLLOW

Court of Appeal rejects Anwar's appeal

1603: Karpal wants to appeal to the Federal Court. But judges maintain a proper application needs to be submitted. Stay denied. Court adjourned.

1547: A 15-minute break presumably for judges to decide whether a stay should be given.

1540: The judge said that a proper application for appeal to the Federal Court has not been filed, reports Jonson. Karpal continues to outline reasons a stay of the sodomy trial should be granted.

1535: The court has agreed with the SG: the medical record is not conclusive and corroborative. The appellant has not shown the charge against him is oppressive and an abuse of the court process. Appeal dismissed.

1519: Anwar’s counsel has forcefully and eloquently argued that the charge is oppressive and an abuse of the court process, according to Jonson Chong at the scene. The judgment is being read out now.

1514: The Court of Appeal is sitting now to deliver its decision on Anwar’s appeal.

Anwar had appealed for a reversal of a High Court decision to disallow his application to strike out the sodomy charge on the grounds that the charge and prosecution were mala fide and an abuse of the court process.

Umno protest outside Australian High Comm

Umno supporters have protested at what they perceive to be interference in Malaysian affairs by a group of Australian MPs.

Mind your own business, Aussie MPs: Umno Youth leader Khairy Jamaluddin addresses a crowd this morning. – Photo twittered by Khairy

Khairy later handed over a protest note to Penny Williams, the Australian High Commissioner to Malaysia.

Among those in the gathering were Umno Youth deputy leader Razali Ibrahim and MIC Youth leader Mohan Thangarasu.

More than 50 Australian MPs last week lodged a formal protest over the trial of Anwar Ibrahim.

Malaysia has 22 new billionaires!

KUALA LUMPUR: Social, political and economic mayhem aside, a Malaysian Businesssurvey has revealed 22 new billionaires in Malaysia as of Jan 15 – eight more than last year.

Among them are Datuk Seri Nazir Razak of CIMB Group, Lee Swee Eng of KNM Group, brothers Datuk Shahril Shamsuddin and Shahriman Shamsuddin of Sapura, and OSK Holdings’ Ong Leong Huat, who makes a comeback to the list after a one-year absence.

The survey revealed its list of Malaysia’s 40 richest people. The billionaires recorded an increase in their fortunes and are collectively worth RM156.7 billion on Jan 15, or 63 per cent more than their worth (RM96.3 billion) a year ago, on the back of a recovery in the stock market.

However, according to the fortnightly magazine’s survey results released in a statement today, their combined wealth was still less than the RM171.9 billion recorded in 2008.

The benchmark FBM KLCI has risen 44.3 per cent since its last survey as the world strives to get back on its feet following the global financial crisis.

The full list of the 40 tycoons and details of their wealth were published in the magazine’s Feb 16 issue. As in the previous year, the wealth of the Top 40 was determined from the value of their stakes in listed companies as of Jan 15.

The survey also revealed that close to half on this year’s list recorded jumps of 50 per cent or more.

Tan Sri Robert Kuok, the Kuok Group patriarch who relinquished his “Sugar King” crown last year, still tops the list with a wealth of RM42.76 billion, up RM16.1 billion from RM26.6 billion a year ago.

Media-shy and telecommunication tycoon Ananda Krishnan ranked second, clocking in at RM27 billion.

IOI Corporation Bhd’s Tan Sri Lee Shin Chen was third with a wealth of RM11.92 billion, followed by prominent banker Tan Sri Teh Hong Piow at RM10.86 billion.

Genting Group’s Tan Sri Lim Kok Thay, valued at RM10.38 billion, leapt a full 10 spots to five. This was because he assumed a large chunk of the wealth of his late father, Tan Sri Lim Goh Tong.

Hong Leong Group’s Tan Sri Quek Leng Chan took the sixth spot at RM7.09 billion while Tan Sri Syed Mokhtar Albukhary of the Albukhary Foundation, valued at RM6.01 billion, settled at seventh.

Others in the Top-10 ranking were Lim Goh Tong’s widow Puan Sri Lee Kim Hua, Tan Sri Tiong Hiew King of Rimbunan Hijau Group and Tan Sri Vincent Tan of Berjaya Group. — Bernama

Dr Mahathir's son and Najib's brother among richest Malaysians

(Bernama) - Mokhzani Mahathir, second son of former premier Dr. Mahathir Mohamad and Nazir Razak, the younger brother of current Prime Minister Najib Abdul Razak are among the 40 richest people in the country, according to the latest survey by the Malaysian Business magazine.

The full list of the 40 tycoons and details of their wealth were published in the magazine's Feb 16 issue. As in the previous year, the wealth of the Top 40 was assessed based on the value of their stakes in listed companies as at Jan 15 this year.

Nazir Razak, 41 of the CIMB Group makes his first appearance on the list of Top 40 Richest Malaysians at number 40 with a total wealth of RM345 million. Mokhzani, 47, places at number 20 with a net value estimated at slightly over a billion ringgit through his vehicle Kenchana Petroleum.

Eleena Azlan Shah, 48, of Gamuda and daughter to the sultan of Perak was at the 35th spot with an estimated wealth of RM515 million.

Malaysia's 40 richest people recorded an increase in their fortunes as they were collectively worth RM156.7 billion as at Jan 15, or 63 per cent more than the RM96.3 billion a year ago, on the back of a recovery in the stock market.

However, according to the fortnightly magazine's survey results released in a statement today, their combined wealth was still less than the RM171.9 billion recorded in 2008.

The benchmark FBM KLCI has risen 44.3 percent since its last survey as the world strives to get back on its feet following the global financial crisis.

The survey also revealed that close to half on this year's list recorded jumps of 50 percent or more. There are also more billionaires this year - 22, eight more than last year.

Robert Kuok, 84, the Kuok Group patriarch who relinquished his 'Sugar King' crown last year, still tops the list with a wealth of RM42.76 billion, up RM16.1 billion from RM26.6 billion a year ago.

Media-shy and telecommunications tycoon Ananda Krishnan, 70 ranked second, clocked in at RM27 billion.

IOI Corporation Bhd's Lee Shin Chen, 69, was third with a wealth of RM11.92 billion, followed by prominent banker Teh Hong Piow,78, at RM10.86 billion.

Genting Group's Lim Kok Thay, 56, valued at RM10.38 billion, leapt a full 10 spots to number five. This was because he assumed a large chunk of the wealth of his late father, Lim Goh Tong.

Hong Leong Group's Quek Leng Chan, 67, took the sixth spot at RM7.09 billion while Syed Mokhtar Albukhary of the Albukhary Foundation, valued at RM6.01 billion, settled at seventh.

Others in the Top 10 ranking were Lim Goh Tong's widow Lee Kim Hua, 79, Tiong Hiew King, 78, of the Rimbunan Hijau Group and Vincent Tan, 56, of the Berjaya Group.

There were five newcomers to the list apart form Nazir Razak, namely Lee Swee Eng of KNM Group, brothers Shahril Shamsuddin and Shahriman Shamsuddin of Sapura and OSK Holdings' Ong Leong Huat, who makes a comeback to the list after a one-year absence.

‘I’m sorry I made a mistake,’ Anwar says

(The Star) - PKR adviser and Opposition Leader Datuk Seri Anwar Ibrahim apologised for his choice of candidates in the 2008 general election.

Anwar said he was responsible for selecting the MP candidates and had made “some mistakes” by choosing “shaky and unclean” candidates.

“I feel sad that I asked you to vote for these people - I apologise. Now I have been stabbed in the back,” he said during the state PKR’s Chinese New Year open house here Tuesday.

PKR’s Bayan Baru MP and Anwar’s personal friend, Datuk Seri Zahrain Hashim, quit the party on Friday, triggering talk of an exodus by PKR lawmakers.

Zahrain’s ally, Nibong Tebal MP Tan Tee Beng, who is facing disciplinary action from the party, said he would only decide on his future after Chinese New Year.

“We enter politics not to get a Datukship or to ask for contracts, shares and land - you don’t join politics to become rich,” Anwar said.

Penang Chief Minister Lim Guan Eng, who was present at the event, has alleged that Zahrain’s departure from Pakatan was prompted by his rejection of the latter’s proposal for the Bukit Jambul Country Club (BJCC) to be outsourced and awarded to “a RM2 company”.

Lim also denied that Pakatan was a “brittle” coalition. “Just because one or two run does not mean that we are brittle.

“To those who have left, ‘selamat meninggal’ and to those who are physically still in Pakatan but are not with us in spirit, we leave it up to them what to do - we will still be alright,” he said.

He also hit out at Zahrain for not being a “true friend” to Anwar.

“If he is a truly a friend, why did he choose this moment to act up - when Anwar is facing a trial?

“He can leave - we don’t care,” he said.

A billboard in Zahrain’s constituency, put up by Pantai Jerejak PKR assemblyman Sim Tze Tzin about a week ago, has been vandalised with a large, red X spray painted over Zahrain face.

The board, that is located at the Jalan Tengah - Jalan Mayang Pasir intersection, is one of two PKR billboards in the Bayan Baru parliamentary area that have been put up to wish motorists a happy Chinese New Year.

A check at the other board, located at the Jalan Tun Dr Awang entrance of the Bayan Baru roundabout, Tuesday afternoon showed that it was still untouched.

When asked about the vandalism, Sim said he had only found out about it Tuesday and denounced the act.

“Many people are angry at Zahrain (for jumping ship) but this is not the right way to express their feelings. Instead, we should focus on turning this anger into votes,” Sim said when met at the state-level PKR open house in Rifle Range.

Zahrain quit PKR on Feb 12, citing, among other reasons, dissatisfaction with Penang Chief Minister Lim Guan Engs leadership of the state.

Sim added that he would take down the affected board this week, earlier than after the full Chinese New Year festivities as previously scheduled.

Umno Youth meets Najib amid rumours of infighting

Is trouble brewing for the Umno Youth chief? - Picture by Choo Choy May

By G. Manimaran and Adib Zalkapli - The Malaysian Insider

KUALA LUMPUR, Feb 17 — The Umno Youth executive committee will meet Datuk Seri Najib Razak this evening amid rumours of attempts by certain leaders from the wing to unseat its chief Khairy Jamaluddin.

An Umno Youth committee member confirmed the scheduled meeting but described it as a “courtesy visit” and has nothing to do with the heated exco meeting” that took place late last month.

During that meeting, Umno Youth exco Hishamuddin Yahya was said to have told Khairy to quit for being ineffective.

Hishamuddin had also called for fresh election to choose a more effective line-up of Youth leaders.

“The meeting was a place for us to address our differences, there is some truth to what was leaked but it is still not too serious, let us meet the PM first,” an Umno Youth exco member said on condition of anonymity.

Another Umno Youth insider said the visit to the party president had been planned since the last party election and it was only a coincidence that the date was confirmed after the heated meeting.

The Malaysian Insider understands some Umno Youth exco members were also unhappy with the stand taken by Khairy on the “Allah” row and the attacks on the places of worship.

“He should have called for an emergency exco meeting for us to deliberate on a common stand and not act all by himself,” said another Umno Youth exco member.

Khairy had reportedly said Umno has been straying from middle ground on the issue. He also supported the use of the word “Allah” by non-Muslims in East Malaysia but not in the Peninsula.

The consensus among Umno Youth leaders opposed to Khairy’s leadership was that the first-term Rembau MP has failed to bring together supporters of Datuk Seri Dr Khir Toyo and Datuk Mukhriz Mahathir, whom he defeated during party election in March last year.

But after report of the rift surfaced, Khairy made known on his Facebook status that he was attending an Umno Youth function in Labuan with Hishamuddin.

Days later, he appeared together with Mukhriz at a Juara Rakyat event in Jerlun, Kedah, and several pictures of them were also uploaded on Khairy’s facebook page.

Khairy, who is former prime minister and Umno president Tun Abdullah Ahmad Badawi’s son-in-law, is the first Umno Youth chief in many years not to get a Cabinet post. The only other one in recent history is Datuk Ahmaf Zahid Hamidi in 1993.

His deputy Datuk Razali Ibrahim was made the deputy youth and sports minister after Najib took over the government last year while Mukhriz was appointed deputy minister of international trade and industry.

Khairy himself will prove his credentials this morning by leading the wing to send a protest note to the Australian High Commission over calls by 50 Australian MPs to Putrajaya to drop the sodomy charges against Opposition Leader Datuk Seri Anwar Ibrahim.

Malay rights group Perkasa will send a similar protest note at 10am, 30 minutes after the Umno Youth leader is scheduled to hand the wing’s protest memorandum.

RPK Speaks His Mind - Anwar's Sodomy II Trial

NO HOLDS BARRED

Raja Petra Kamarudin

SEE VIDEO ON YOUTUBE HERE http://www.youtube.com/watch?v=P3Gc6f5O4Qo

Road to an absolute monarchy?

thenutgraph.com

Tan Sri Arifin Zakaria, one of the
judges on the Perak menteri
besar caseREMEMBER these names: Tan Sri Alauddin Mohd Sheriff, Tan Sri Arifin Zakaria, Datuk Zulkefli Ahmad Makinuddin, Datuk Mohd Ghazali Mohd Yusoff and Datuk Abdull Hamid Embong.

They have fundamentally transformed the nature and prospects of the Malaysian state with their 9 Feb 2010 judgement on the Perak menteri besar case. Based on their judgement, Malaysia seems to be developing tendencies to become a coup-prone absolute monarchy.

Constitutional vs absolute monarchy

Until 9 Feb, Malaysia was clearly a constitutional monarchy.

Constitutionalism means not merely having a constitution, but having the government's power limited by the constitution. This is why states like the Democratic People's Republic of Korea (North Korea) are not considered constitutional democracies despite having a constitution and the word "democratic" in their name.

Similarly, a constitutional monarchy — a particular variant of constitutional democracy — is not merely a monarchy with a constitution. It is a monarchy where the monarch's power is limited by the constitution such that he or she is a figurehead, and the real power is exercised by the elected government.

In contrast, any monarchy where the monarch enjoys substantial — not necessarily absolute — power to control the elected government is effectively an absolute monarchy. Absolute monarchies come in all forms and shapes, from Brunei, which is manifestly a family business, to Thailand, which is decorated with democratic institutions.

In a textbook example like the UK, the constitutional monarch is a figurehead and should just rubberstamp recommendations made by elected governments. He or she is to be advised by the elected government, not the other way around.

His or her discretionary powers concern mainly the formation and ending of governments as a result of elections, without interfering in the period between elections. In brief, that boils down to only two major decisions.

Firstly, whom to appoint as the prime/chief minister-designate? Secondly, whether to consent to requests for parliamentary/legislative dissolution by the present government.

The royal family: genetic lottery, not expertise?

By convention, the British monarch would minimise his or her discretion even on these matters. A request for dissolution, whether or not it is a result of the House's loss of confidence in the premier, is usually granted.

A constitutional monarch would not mistake him or herself as a check-and-balance institution. In modern democracies, elected governments should be checked by either elected politicians (Parliament) or professionals who are selected on the grounds of expertise and integrity. These include judges, independent central bank governors and members of various regulatory commissions. The royalty in that sense is an institution formed based on genetic lottery rather than expertise.

England's 19th century constitutional authority Walter Bagehot offered an interesting justification for a constitutional monarchy. A political system needs a "dignified" element (a non-partisan head of state) whose purpose is "to excite and preserve the reverence of the population", and an "efficient" part (politicians) that "employ[s] that homage in the work of government".

If you like, the political usefulness of a monarch lies exactly in his or her political "uselessness". The constitutional monarch needs to be presentable, loveable and admirable, but need not be very intelligent. And Bagehot's counterintuitive theory is why Queen Elizabeth II gets to keep her job without having to invoke the Sedition Act.

Democratic vs legalistic logic

In assessing the nature of Malaysia's monarchy, the judges' judgement must be judged from the logic of democracy, not legality alone. In other words, we become an absolute monarchy when the monarch can expressly go against popular will, even if his or her actions are technically constitutional. Some judges in Malaysia have made this clear.

In 1966, the Sarawak governor tried to dismiss Chief Minister Datuk Stephen Kalong Ningkan on the grounds that he had lost the legislature's confidence, much like how Perak's Datuk Seri Mohammad Nizar Jamaluddin was dismissed 43 years later. Borneo High Court Chief Judge Harley A-G reinstated Ningkan, ruling that a legally appointed minister can only be dismissed after a no-confidence vote.

In 1985, the Sabah governor was forced to swear in United Sabah National Organisation (Usno)'s Tun Mustapha Harun as a minority chief minister even though Parti Bersatu Sabah had won a slim legislative majority. Judge Datuk Tan Chiaw Thong then ruled that the governor had "exercised his power not for preserving democracy but for destroying it". Hence, the swearing in was null and void.

Harley's decision, upheld by Tan in 1985, was however not followed by judge Datuk Abdul Kadir Sulaiman in 1994. Abdul Kadir ruled that a no-confidence vote is not "the only evidence" of loss of confidence.

(source: Sultan Azlan Shah image from sultan.perak.gov.my)

Abdul Kadir's judgement was problematic because it took away the power to fire the head of government from the legislature and in all likelihood placed it with the state's figurehead. It was arguably academic because the ousted Sabah Chief Minister Datuk Pairin Kitingan had conceded defeat after the governor rejected his request for fresh elections.

On 6 Feb 2009, the Perak Sultan however sacked a menteri besar who did not concede a loss of confidence. And then on 9 Feb 2010, the Federal Court's decision made it clear that the monarch could bypass the legislature to sack the state's chief executive. And that, for all intents and purposes, is what has sown the seeds of an absolute monarchy in Malaysia.

Coup-prone

A tendency towards absolute monarchy increases the likelihood that the monarch can at any time go against the will of elected representatives.

Hence theoretically, if the Yang Di-Pertuan Agong believes that Datuk Seri Najib Razak has lost Parliament's confidence, even without a no-confidence vote, Najib can be sacked. The Agong is then free to appoint Opposition Leader Datuk Seri Anwar Ibrahim or even Tengku Razaleigh Hamzah as the new prime minister.

(source: Tuanku Mizan Zainal Abidin image from parlimen.gov.my)

Now, in this hypothetical situation, would Umno take this royal discretion lying down and not hold protests greater than those the Pakatan Rakyat held after the Perak takeover?

More realistically and dangerously, the Federal Court's decision sends an important political message: the electorate are not the final judge of government. The palace is. This is likely to encourage some quarters to think the King should also exercise his discretion freely in appointing the prime minister.

When the Barisan Nasional (BN) took over Perak, Umno had no qualms evoking Malay nationalism. Imagine this scenario then: what if the BN were to lose federal government, say by winning only 100 out of 222 seats, but it won 65 out of 114 Malay Malaysian-majority seats in the peninsula. Would Umno be likely to replicate Usno's 1985/86 tactics in Sabah — which included violence — minus a few technical differences?

And then what would the palace decide? And would the electorate allow the elected government's victory to be stolen? Where would the judiciary, the civil service, the police and ultimately the military stand? Would Malaysia not become another Thailand or Iran?

Can we do anything to prevent coups? Perhaps, by voting solely along party lines come the next election, and forgetting about the quality of individual candidates. We just need to make sure it's a landslide either way.

Road to an absolute monarchy?

thenutgraph.com

Tan Sri Arifin Zakaria, one of the
judges on the Perak menteri
besar caseREMEMBER these names: Tan Sri Alauddin Mohd Sheriff, Tan Sri Arifin Zakaria, Datuk Zulkefli Ahmad Makinuddin, Datuk Mohd Ghazali Mohd Yusoff and Datuk Abdull Hamid Embong.

They have fundamentally transformed the nature and prospects of the Malaysian state with their 9 Feb 2010 judgement on the Perak menteri besar case. Based on their judgement, Malaysia seems to be developing tendencies to become a coup-prone absolute monarchy.

Constitutional vs absolute monarchy

Until 9 Feb, Malaysia was clearly a constitutional monarchy.

Constitutionalism means not merely having a constitution, but having the government's power limited by the constitution. This is why states like the Democratic People's Republic of Korea (North Korea) are not considered constitutional democracies despite having a constitution and the word "democratic" in their name.

Similarly, a constitutional monarchy — a particular variant of constitutional democracy — is not merely a monarchy with a constitution. It is a monarchy where the monarch's power is limited by the constitution such that he or she is a figurehead, and the real power is exercised by the elected government.

In contrast, any monarchy where the monarch enjoys substantial — not necessarily absolute — power to control the elected government is effectively an absolute monarchy. Absolute monarchies come in all forms and shapes, from Brunei, which is manifestly a family business, to Thailand, which is decorated with democratic institutions.

In a textbook example like the UK, the constitutional monarch is a figurehead and should just rubberstamp recommendations made by elected governments. He or she is to be advised by the elected government, not the other way around.

His or her discretionary powers concern mainly the formation and ending of governments as a result of elections, without interfering in the period between elections. In brief, that boils down to only two major decisions.

Firstly, whom to appoint as the prime/chief minister-designate? Secondly, whether to consent to requests for parliamentary/legislative dissolution by the present government.

The royal family: genetic lottery, not expertise?

By convention, the British monarch would minimise his or her discretion even on these matters. A request for dissolution, whether or not it is a result of the House's loss of confidence in the premier, is usually granted.

A constitutional monarch would not mistake him or herself as a check-and-balance institution. In modern democracies, elected governments should be checked by either elected politicians (Parliament) or professionals who are selected on the grounds of expertise and integrity. These include judges, independent central bank governors and members of various regulatory commissions. The royalty in that sense is an institution formed based on genetic lottery rather than expertise.

England's 19th century constitutional authority Walter Bagehot offered an interesting justification for a constitutional monarchy. A political system needs a "dignified" element (a non-partisan head of state) whose purpose is "to excite and preserve the reverence of the population", and an "efficient" part (politicians) that "employ[s] that homage in the work of government".

If you like, the political usefulness of a monarch lies exactly in his or her political "uselessness". The constitutional monarch needs to be presentable, loveable and admirable, but need not be very intelligent. And Bagehot's counterintuitive theory is why Queen Elizabeth II gets to keep her job without having to invoke the Sedition Act.

Democratic vs legalistic logic

In assessing the nature of Malaysia's monarchy, the judges' judgement must be judged from the logic of democracy, not legality alone. In other words, we become an absolute monarchy when the monarch can expressly go against popular will, even if his or her actions are technically constitutional. Some judges in Malaysia have made this clear.

In 1966, the Sarawak governor tried to dismiss Chief Minister Datuk Stephen Kalong Ningkan on the grounds that he had lost the legislature's confidence, much like how Perak's Datuk Seri Mohammad Nizar Jamaluddin was dismissed 43 years later. Borneo High Court Chief Judge Harley A-G reinstated Ningkan, ruling that a legally appointed minister can only be dismissed after a no-confidence vote.

In 1985, the Sabah governor was forced to swear in United Sabah National Organisation (Usno)'s Tun Mustapha Harun as a minority chief minister even though Parti Bersatu Sabah had won a slim legislative majority. Judge Datuk Tan Chiaw Thong then ruled that the governor had "exercised his power not for preserving democracy but for destroying it". Hence, the swearing in was null and void.

Harley's decision, upheld by Tan in 1985, was however not followed by judge Datuk Abdul Kadir Sulaiman in 1994. Abdul Kadir ruled that a no-confidence vote is not "the only evidence" of loss of confidence.

(source: Sultan Azlan Shah image from sultan.perak.gov.my)

Abdul Kadir's judgement was problematic because it took away the power to fire the head of government from the legislature and in all likelihood placed it with the state's figurehead. It was arguably academic because the ousted Sabah Chief Minister Datuk Pairin Kitingan had conceded defeat after the governor rejected his request for fresh elections.

On 6 Feb 2009, the Perak Sultan however sacked a menteri besar who did not concede a loss of confidence. And then on 9 Feb 2010, the Federal Court's decision made it clear that the monarch could bypass the legislature to sack the state's chief executive. And that, for all intents and purposes, is what has sown the seeds of an absolute monarchy in Malaysia.

Coup-prone

A tendency towards absolute monarchy increases the likelihood that the monarch can at any time go against the will of elected representatives.

Hence theoretically, if the Yang Di-Pertuan Agong believes that Datuk Seri Najib Razak has lost Parliament's confidence, even without a no-confidence vote, Najib can be sacked. The Agong is then free to appoint Opposition Leader Datuk Seri Anwar Ibrahim or even Tengku Razaleigh Hamzah as the new prime minister.

(source: Tuanku Mizan Zainal Abidin image from parlimen.gov.my)

Now, in this hypothetical situation, would Umno take this royal discretion lying down and not hold protests greater than those the Pakatan Rakyat held after the Perak takeover?

More realistically and dangerously, the Federal Court's decision sends an important political message: the electorate are not the final judge of government. The palace is. This is likely to encourage some quarters to think the King should also exercise his discretion freely in appointing the prime minister.

When the Barisan Nasional (BN) took over Perak, Umno had no qualms evoking Malay nationalism. Imagine this scenario then: what if the BN were to lose federal government, say by winning only 100 out of 222 seats, but it won 65 out of 114 Malay Malaysian-majority seats in the peninsula. Would Umno be likely to replicate Usno's 1985/86 tactics in Sabah — which included violence — minus a few technical differences?

And then what would the palace decide? And would the electorate allow the elected government's victory to be stolen? Where would the judiciary, the civil service, the police and ultimately the military stand? Would Malaysia not become another Thailand or Iran?

Can we do anything to prevent coups? Perhaps, by voting solely along party lines come the next election, and forgetting about the quality of individual candidates. We just need to make sure it's a landslide either way.

DEB Kayakan Anak Pemimpin Umno

Dari Malaysiakini

Datuk Mokhzani Mahathir – anak mantan Perdana Menteri Tun Dr Mahathir Mohamad – tersenarai dalam 20 orang terkaya di Malaysia, demikian menurut hasil kaji selidik majalah Malaysian Business.

Sehingga 15 Januari lalu, Mokhzani dari Kencana Petroleum, disenaraikan dengan kekayaan sebanyak RM1.075 bilion untuk menduduki tangga ke-20 orang terkaya di Malaysia.

Jutawan Melayu lain yang disenaraikan ialah Tan Seri Syed Mokhtar AlBukhary dari Yayasan AlBukhary, dengan kekayaan sebanyak RM6.01 bilion di tangga ke tujuh.

Manakala Tan Sri Azman dari Arab-Malaysian Corp di senaraikan di tangga ke-11 denan kekayaan se banyak RM2.8 bilion.

Datuk Seri Nazir Razak – adik Perdana Menteri, Datuk Seri Najib Tun Razak – dari Kumpulan CIMB, turut disenaraikan antara 40 orang terkaya di Malaysia.

Sementara itu, Bernama melaporkan, menurut kaji selidik Malaysian Business, kekayaan 40 orang terkaya di Malaysia mencatat peningkatan terkumpul bernilai RM156.7 bilion pada 15 Januari atau 63 peratus lebih RM96.3 bilion, berikutan pemulihan dalam pasaran saham.

Bagaimanapun, menurut kenyataan majalah itu yang dikeluarkan hari ini, kekayaan terkumpul mereka masih kurang daripada RM171.9 bilion yang direkodkan pada 2008.

Penanda aras FBM KLCI telah meningkat 44.3 peratus sejak kaji selidik terakhir ketika masyarakat dunia berusaha bangkit semula berikutan krisis kewangan global.

Senarai penuh 40 orang terkaya dan maklumat mengenai kekayaan mereka telah diterbitkan dalam majalah itu dalam keluaran 16 Februari. Seperti tahun lepas, kekayaan 40 teratas itu dinilai berdasarkan kepada nilai saham mereka di dalam syarikat yang tersenarai pada 15 Jan tahun ini.

Kaji selidik itu juga menunjukkan hampir separuh daripada senarai yang tercatat tahun ini melonjak 50 peratus atau lebih.

Ada lebih jutawan tahun ini – 22 orang iaitu lebih lapan orang berbanding tahun lepas.

Tan Sri Robert Kuok dari Kumpulan Kuok yang melepaskan mahkotanya “Raja Gula” tahun lepas, masih mendahului senarai dengan kekayaan RM42.76 bilion, meningkat RM16.1 bilion daripada RM26.6 bilion, setahun lalu.

Hartawan telekomunikasi Ananda Krishnan berada pada kedudukan kedua dengan kekayaan RM27 bilion.

Tan Sri Lee Shin Chen dari IOI Corporation Bhd menduduki tempat ketiga dengan kekayaan RM11.92 bilion diikuti ahli perbankan terkemuka Tan Sri Teh Hong Piow dengan kekayaannya berjumlah RM10.86 bilion.

Tan Sri Lim Kok Thay dari Kumpulan Genting dengan kekayaan bernilai RM10.38 bilion, melonjak kepada kedudukan kelima. Ini kerana beliau mewarisi sejumlah besar kekayaan daripada mendiang bapanya Tan Sri Lim Goh Tong.

Tan Sri Quek Leng Chan dari Kumpulan Hong Leong menduduki tempat keenam dengan RM7.09 bilion.

Jutawan lain yang tersenarai dalam 10 teratas adalah balu Lim Goh Tong, Puan Sri Lee Kim Hua, Tan Sri Tiong Hiew King dari Rimbunan Hijau Group dan Tan Sri Vincent Tan dari Berjaya Group.

Lima muka baru dalam senarai itu ialah Lee Swee Eng dari KNM Group, Datuk Shahril Shamsuddin dan Shahriman Shamsuddin dari Sapura, Datuk Seri Nazir Razak dari CIMB Group dan Ong Leong Huat dari OSK Holdings, yang muncul semula dalam senarai itu selepas tiada dalam tempoh setahun.

Why top Defence Ministry officials, including Defence Ministers, did not know for 18 months that the two missing F5E jet engines cost RM300,000 and no

By Lim Kit Siang

There are many questions about the scandal of the two missing F5E jet engines, which had made Malaysia the international laughing-stock.

The first question I want to ask when Parliament meets on March 15 is why top Defence Ministry officials, including the Defence Ministers – Datuk Ahmad Zahid the incumbent and Prime Minister Datuk Seri Najib Razak who was Defence Minister when the theft took place in December 2007 – did not know for 18 months that the two missing jet engines cost RM300,000 and not RM50 million each.

Who was the first to say that the missing jet engine cost RM50 million each? It was Ahmad Zahid when the news about the theft first broke in the media on December 19 last year.

Who was the first to say that the RM50 million figure for the cost of the jet engine was wrong and that it cost only RM303,570? Again, it was Ahmad Zahid, in the press on January 8, 2010 – a day after two persons were charged in the Petaling Jaya sessions court with the theft of the two F5E jet engines.

Ahmad had explained that the Ministry took some time to clarify the engine’s price due to procedural matters.

He said: “We needed time to carry out internal investigations and this required time in obtaining the information and related documents”.

This is a completely unacceptable and unsatisfactory explanation. According to official accounts, the theft of the two jet engines took place in December 2007 and the military only realized that the engines were missing on May 22, 2008.

Why did the Defence Ministry take 18 months from May 22, 2008 to January 2010 to find out that the cost of the F5E jet engines were RM303,570 and not RM50 million each in 1972?

Something stinks in the Defence Ministry – as this is not the only aspect of the scandal which has raised questions about accountability and integrity which cry out for answers.

[Speech (2) at the Perak Pakatan Rakyat Chinese New Year Open House at Kwang Tung Association Taiping on Tuesday 16th February 2010 at 12.30 pm]

Malaysian wrongly held, says judge

The Star

MELBOURNE: One of two Malaysians convicted of killing Sydney heart surgeon Dr Victor Chang is being unlawfully detained after the New South Wales (NSW) Parole Board Authority “got it wrong,” a NSW Supreme Court judge said.

Phillip Lim Choon Tee was due for release on Nov 11 last year but the parole board nullified its own decision nine days later and has kept him in custody since, the Australian Associated Press reported.

In a Supreme Court hearing yesterday, Justice Peter McClellan said Lim was being detained illegally.

“Let me put it another way. He has been ... unlawfully detained since November last year,” he told counsel for the Crown, Lloyd Babb.

Lim, 50, was due for release in November after serving his minimum sentence of 18 years.

But the decision was “vacated” to allow the NSW state government to make submissions to the State Parole Authority.

Dr Chang was shot dead on a footpath at Mosman in Sydney’s northern suburbs on July 4, 1991 in a failed extortion attempt by Lim and Liew Chew Seng aka Ah Sung.

Lim and Liew were given maximum sentences of 24 and 26 years, respectively.

McClellan, however, did not hand down his decision yesterday.

“I’ll reserve my decision and I’ll give it to you as soon as I can,” he told the court, noting that a decision to free Lim, who will be deported to Malaysia upon his release, would be irreversible.

Proposal of principal KPI for MACC – to arrest enough “big fish” every year to reduce annual RM28 billion government loss from corruption by at least

During the Chinese New Year, the media first reported that the Malaysian Anti-Corruption Commission (MACC) had arrested a political secretary to a Cabinet Minister and raided his apartment in Teluk Air Tawar in Butterworth, seizing cash in bundles of RM5, RM10, RM50 and RM100 notes totaling about RM2 million. Also seized were a 4WD vehicle and a BMW car.

This was followed by a one-paragraph statement from the Prime Minister’s Department on the resignation of Hasbie Satar, the political secretary to the Minister in the Prime Minister’s Department, Tan Sri Nor Mohamed Yakcop.

Malaysians can put the pieces together to fathom what is happening.

For me, I am reminded of two recent reports.

The first was the report last Monday where Nor Mohamed announced that the government has set aside RM15 billion for the Private Finance Initiative (PFI) programme under the 10th Malaysia Plan to help businessmen.

Nor Mohamed, who is in charge of the Economic Planning Unit, said the government would provide financial aid and other forms of assistance to any major business deemed viable so as to spur the economy and provide job opportunities for locals.

How much would be lost or “leaked” from this RM15 billion Private Finance Initiative under the 10th Malaysia Plan – whether through corruption, abuse of power or other improper means?

There have been cases of government “leakages” going up as high as 90 per cent of the stated amount, but even at the very moderate and minimum rate of 10 per cent “leakage”, we are looking at a loss of RM1.9 billion from the PFI initiative under the Tenth Malaysia Plan.

Secondly, I am also reminded of the government admission in the 1Malaysia Government Transformation Programme (GTP) Roadmap that according to the PEMUDAH estimate, corruption could cost Malaysia as much as RM10 billion a year, or 1-2% of GDP.

However, this is generally regarded as a gross under-estimate. Second Finance Minister Datuk Seri Ahmad Husni Hanadzlah has publicly estimated that corruption cost the government some RM28 billion a year.

I will propose at next month’s Parliamentary meeting that Parliament should set a principle KPI (key performance index) for MACC – to reduce the annual RM28 billion government loss from corruption by at least 10 per cent, i.e. RM2.8 billion, which should be evidenced by enough “big fish” arrests for corruption to the value of this amount.

I hope Barisan Nasional MPs will join Pakatan Rakyat MPs in the next parliamentary meeting to establish such a KPI for the MACC to demonstrate that Parliament is in the forefront in the war against corruption.

Just before Chinese New Year, MACC announced that it had cleared eight political personalities whom it had investigated of graft.

One was DAP Tronoh Assemblyman V. Sivakumar, the ousted Perak State Assembly Speaker, who was investigated by MACC for abusing his Speaker’s powers during the Perak political crisis arising from the illegal, unconstitutional and undemocratic coup de’tat orchestrated by none other than Datuk Seri Najib Razak in February last year when he was Deputy Prime Minister.

MACC had clearly abused its powers in harassing and intimidating Sivakumar by investigating him for corruption in the illegal and undemocratic power grab in Perak last year and MACC should penalize the officials responsible and publicly apologise for this blatant abuse of power.

Pakatan Rakyat MPs will pursue this issue in the next meeting of Parliament if such an apology from MACC for its blatant abuse of power against Sivakumar by acting as the Umno/BN catspaw is not forthcoming.

[Speech at the Perak Pakatan Rakyat Chinese New Year Open House at Kwang Tung Association Taiping on Tuesday 16th February 2010 at 12.30 pm]

Must a business be profit driven? - Anil Netto

Before 1Malaysia, there was already OneHeart, the story of a multi-ethnic group of young Malaysians who wanted to run a business – without being driven by profits.

Today, blog reader Mist commenting on my “Two Million Ringgit Man” posting observed:

I had spent a large part of my life in academia and I was blissfully oblivious of much of what went on in society, mostly in the corporate world. Recently I got involved in the real estate business and got to meet quite a few people in the corporate world and those who have close association with what went on in the business world. It would seemed that kickbacks are quite common. Proxies are often used to facilitate the process.

And then of course there were other rather unethical practices and I had been given the advice so often that we won’t be able to make a living if we were honest. This advice came about after a bit more than five months of relentless effort and without anything to show for it; being played out by sellers and buyers on more than one occasion.

My point is this: much of society is dishonest and everyone seemed to be out to get an advantage – honest or dishonest – to move forward. We cry foul over governmental corruption and yet it is merely a reflection of what is going on in the wider community.

How depressing! Yes, corruption and unethical practices seem widespread and entrenched in the system, not just in the public sector but also in the private sector.

Is there really no alternative way of doing business? Kelly Law, CEO of OneHeart, and husband Jeffrey, whom I met over a cup of coffee this afternoon, along with their friend and godpa Vincent, think there is.

The couple are involved in a unique enterprise, OneHeart, a “just haven” that deals in used books in Plaza Mont Kiara in Kuala Lumpur.

More than their passion for used books, it is their business philosophy or model that catches the eye. Unlike other businesses, believe it or not, they are not profit driven. While recognising the need to make some profit to sustain their enterprise, it is not the be all and end all. Far more important are the ethical and green core of their philosophy and the desire to contribute to the community – which other enterprises would do well to emulate.

So at odds with conventional economic theory that believes shareholders are motivated by profit maximisation.

Check out their alternative business philosophy:

Our Vision
“It determines us”

We dream of building a community of love, care and trust that will touch your lives. The community will be like the one our parents, our grandparents and even our great grandparents had lived before us. In fact, it should be better. This dream has now become our vision.

We believe in our vision and will strive to achieve it. However, we acknowledge the challenges that lie ahead of us and yet we trust we can achieve it because we have the heart to do it.

Building the community is like sowing the first good seed. As we nurture the seed with love and care, it will grow into a big, strong and healthy tree so that one day, the tree will bear the sweetest fruits not only for our enjoyment but also for our children, our grandchildren and great grandchildren.

We are not a charitable or non-profit organisation. We do not seek donations. We operate for profit just like any other business in order to be sustainable in the long-term. But unlike most businesses, our drive to succeed is not profit-driven. Instead it is vision-driven.

Our promise to you is to operate our business with honesty, transparency and integrity. In return, we want you to place your faith in us, to help and support us. Together, we can turn our society and the world a better place to live in.

A green business model that is not profit-driven and instead focuses on how it can contribute to the community and protect the environment. A business that gives more than it receives. Paradox? Idealism? Or plain naiveity? Can it work? Jeffrey and Kelly believe it is possible and, together with their team members, they are determined to make their actions speak louder than words.

Listen to ‘team member’ Ooi Keong:

Back in 2001 when I first started my career as an engineer in a multinational company, I constantly asked myself ‘What is the purpose of my life?’

I thought life was about achieving my ambition. My ambition was to work hard, earn more money to sustain the lifestyle I want. As time went by, I met new friends and people from all walks of life. I realised there are more important things to life such as family ties and lasting friendships. It is not about me. It is about us. It is about living in a loving, caring and trusting community.

Only through cultivating meaningful relationships with people, I learned about the gifts of giving and sharing. I wish I can spread this gift to more people but I did not know how until Kelly approached me with an idea to build a community filled with love, care and trust. The idea quickly becomes something meaningful. I hope through OneHeart, I will live a life filled with a meaningful purpose which is to encourage and convince others to lead a purposeful life.

At the heart of their enterprise is their green pledge which begins with a saying from the native Americans:

You must teach your children that the ground beneath their feet is the ashes of your grandfathers. So that they will respect the land, tell your children that the earth is rich with the lives of our kin.

Teach your children what we have taught our children that the earth is our Mother. Whatever befalls the earth befalls the sons of the earth. If men spit upon the ground, they spit upon themselves.

The community is a central part of their philosophy. A conventional business usually measures its success based on its financial performance: the higher the sales, market share and profits, the better. In contrast, OneHeart measures its success based on “the support we receive from our family members, friends and the community at large and how many lives we can touch from the very beginning and right to the end”.

Of course, used books (We prefer calling them ‘used books’ rather than ’second-hand books’, says Jeffrey), lots of them, are the focus of their enterprise. From books comes knowledge.

Kelly feels we should change our mindset from “if it does not happen to us, it is not our problem” to “how can we help others and ourselves to deal with any situation in life?”

“The knowledge we have acquired (from books) will help us make better choices and even save a life.”

She is certain that when we have a community that believes in working for the common good, society can be transformed into a harmonious and peaceful place to live in. ”However, believing is not enough. If we take action and do good, then we can be assured that our children, our grandchildren and their children will continue to live in a peaceful place.”