Police reports lodged against meddling minister

Suaram says Ismail Sabri Yaakob's statement that it would likely be charged this week was done in bad faith.

PETALING JAYA: Suaram and several of its supporters today lodged police reports against Trade, Cooperatives and Consumerism Minister Ismail Sabri Yaakob for “interfering” in the investigations against the human rights body by the Companies Commission Malaysia (CCM).

Suaram said Ismail’s statement that the NGO would likely be charged this week was done “in bad faith, interfered and influenced the prosecution process” and meddled in the investigation process of the CCM.

“While investigations are ongoing, the minister came out with a statement that we will be charged. He is pre-empting and usurping the powers of the Attorney-General,” said Suaram executive director E Nalini, who lodged the report this morning.

Seven others who also lodged reports were supporters S Arutchelvan, Masjaliza Hamzah, Heng Kiah Chun, Ekhsan Bukharee Badarul Hisham, A Jayanath, S Barathidasan, and Mandeep Singh.

They hoped that with more reports, police would be pressured into taking action against the federal minister.

“What the minister is saying seems to interfere with a decision that lies solely with the Attorney-General [Abdul Gani Patail]. We need to ensure independence as the AG acts for the people,” said Suaram lawyer Fadiah Nadwa Fikri.

Suaram, in a copy of its report, questioned why Ismail Sabri could make statements when Suaram’s staff were still being interrogated, and investigations were “far from complete”.

It also noted that the Attorney-General’s Chambers had a day later told the media that investigation papers were returned to CCM, ordering it to investigate further.

“This clearly shows that the minister was meddling in the investigations, pressuring CCM by ordering it to charge Suaram even before investigations are complete,” said Fadiah.

“Defaming Suaram has trivialised the whole judicial process and the duty of the AG. With his statement, it is as if the decision to charge has already been made.

“It looks as though it is a political decision and not the result of investigations as a basis to charge Suaram,” she added.

Investigation papers

On Tuesday, Ismail Sabri said that six government agencies are taking action against Suara Inisiatif Sdn Bhd, the operating entity of Suaram, under five sections of the Companies Act 1965.

“CCM has no power over Suaram as it is not registered as a society. As such, we are taking action against Suara Inisiatif Rakyat for its misleading accounts,” he said.

The six agencies, which included CCM, Registrar of Societies (ROS), Bank Negara, the Home Ministry and the Malaysian Communications and Multimedia Commissions (MCMC), were not interested in the source of the organisations’ funds, the minister said.

But he said the scope of their investigations would be based on Sections 364(2), 166A(3), 169(14), 167(1), 167(2), and 132(1) of the Companies Act 1965.

Ismail Sabri also said that the final decision as to whether Suara Inisiatif would be charged was with Gani. Yesterday, it was reported that the AG’s Chambers had returned investigation files to CCM seeking additional work.

Since July, Suaram has been facing public scrutiny over its funding and organisational structure, with pro-establishment Malay rights groups demanding to know why Suaram was registered as a company, Suara Inisiatif, with a paid-up capital of RM2.

Suaram’s “independence” was questioned after some quarters revealed that it received funds from foreign countries. Jaringan Melayu Malaysia (JMM) and Perkasa accused the NGO of being funded by foreign powers to “destabilise the peace of the country”.

Suaram has consistently denied any wrongdoing and in defence claimed that the timing of the investigations was the direct result of its action in bringing the Scorpene submarine scandal, which implicated Prime Minister Najib Tun Razak, to the French courts.

The CCM raided Suaram’s offices on suspicion that it had breached the Companies Act and carrying out activities unrelated to the purpose of its establishment as a business.

It is now being investigated under the five sections of the Companies Act, and could face charges in court with “misleading accounts”. Several government agencies, including the Registrar of Societies (ROS) and Bank Negara, are contemplating action against it within their own jurisdictions.

Since then, over 130 NGOs, which include Lawyers for Liberty (LFL), Women’s Aid Organisation (WAO), Tenaganita and Sisters in Islam, have since rallied around Suaram, pledging their support.

PAS, Abim condemn French magazine

PAS Ulama council deputy chairman Dr Mahfodz Mohamed says the publication of cartoons of Prophet Muhammad is disrespectful to Islam.

PETALING JAYA: PAS Ulama council deputy chairman Dr Mahfodz Mohamed condemned the publication of cartoons of Prophet Muhammad in a French magazine.

“Their actions are so disrespectful. Never have we done such acts. We believe in the same lineage of prophets too,” said Mahfodz.

He was commenting on French satirical magazine, Charlie Hebdo, that published caricatures, among others, entitled “Mohammad: A Star is Born” that portrayed a bearded figure crouching over to display his buttocks.

The publishers of the magazine claimed that it is an attempt to poke fun at the American movie, “Innocence of Muslims”, that had triggered an uproar among Muslims worldwide.

“I am afraid that the Middle East would be in further chaos,” said Mahfodz who is also Johor PAS commissioner.

There has been an ongoing series of protests in Muslim countries ever since the American movie was released last week.

“We are lucky to be able to hold peaceful protests in Malaysia. In Johor, it will be held at Masjid Taman Perling, Johor Baru,” he said.

Muslim youth organisation, Malaysian Islamic Youth Movement (Abim), wants the French government to curb freedom of speech and media freedom.

“The French authorities need to be more sensitive. Last week a magazine published topless photos of the Duchess of Cambridge, Kate Middleton, and now it is this,” said Abim secretary-general Mohd Raimi Abdul Rahim.

On Abim’s next action, Raimi said: “We will send a protest memorandum to the French Embassy.”

Sukan 1 Malaysia (Parody)

Actress sues California man behind anti-Muslim film

(Reuters) - LOS ANGELES: An actress in an anti-Islam film that triggered violent protests across the Muslim world sued a California man linked to its production yesterday for fraud and slander, saying she had received death threats after the video was posted on YouTube.

Actress Cindy Lee Garcia, who also named Google Inc and its YouTube unit as defendants, asked that the film be removed from YouTube and said her right to privacy had been violated and her life endangered, among other allegations.

It was the first known civil lawsuit connected to the making of the film that has circulated online as a 13-minute trailer, including under the title “Innocence of Muslims.”

The film, which portrays the Prophet Mohammad as a womanizer and a fool, helped generate a torrent of violence across the Muslim world last week. The US ambassador to Libya and three other Americans were killed in an attack in Benghazi. US and other foreign embassies were stormed in cities in Asia, Africa and the Middle East by furious Muslims.

Garcia accused a producer of the movie, whom she identified as Nakoula Basseley Nakoula along with the alias Sam Bacile, of duping her into appearing in a “hateful” film that she had been led to believe was a simple desert adventure movie.

“There was no mention of ‘Mohammed’ during filming or on set. There were no references made to religion nor was there any sexual content of which Ms. Garcia was aware,” said the lawsuit, filed in Los Angeles Superior Court.

For many Muslims, any depiction of the prophet is blasphemous. Caricatures deemed insulting in the past have provoked protests and drawn condemnation from officials, preachers, ordinary Muslims and many Christians.

“This lawsuit is not an attack on the First Amendment nor on the right for Americans to say what they think, but does request that the offending content be removed from the Internet,” the lawsuit said.

The suit accuses Nakoula, Google and YouTube of invasion of privacy, unfair business practices, the use of Garcia’s likeness without permission and intentional infliction of emotional distress.

A representative for Nakoula’s criminal attorney declined to comment on the lawsuit.

“We are reviewing the complaint and will be in court tomorrow,” said a Google spokesman.

India Seeks to Keep Iran Crude Option Open

India's taste for oil

(Asia Sentinel) Delhi needs oil from Iran, military goods from Israel
India is caught in an unenviable crunch between the western powers and Iran, quietly attempting to keep its back channels open for oil imports despite increasing efforts by the United States, Israel and the European Union to block exports from the Islamist republic.

In recent weeks, Israel’s truculent prime minister Benjamin Netanyahu has goaded the reluctant western powers closer to attempting militarily to take out Iran’s fledgling nuclear weaponization program. The western powers have continued to tighten the screws on Iran’s oil exports, attempting to cut the country’s biggest export lifeline. Earlier this week, the United Arab Emirates and Bahrain also said they had confiscated shipments of items that could have uses in the country’s nuclear program.

The US-EU sanctions have thus put India in a difficult position. The world’s fourth-largest oil importer, India imports more than 80 percent of its crude and remains Iran’s biggest oil customer after China.

Conversely, India has close and growing relationships with Israel, Iran’s most implacable enemy. New Delhi is the largest buyer of Israeli military equipment, accounting for nearly 50 percent of Israeli defense sales. It is also Israel’s second-largest Asian trading partner. The two countries have growing relationships in agriculture, research and development and tourism in addition to defense technology.

India’s energy imports from Iran have fallen considerably in line with Washington’s demands because of Tehran’s continuing insistence on pursuing an independent nuclear program. However, recent events highlight that New Delhi is seeking to maintain its long-standing engagement with Tehran.

The country has continued to occupy a major space in India’s energy import basket although at a lower level as a supplier of crude. Among other reasons, India doesn’t want to depend too heavily on Saudi supplies, which could weaken New Delhi’s position in future price negotiations. It is, however, also apparent that India’s foreign policy stand on America and Iran is to try to back away from an extreme view or stand for or against either side.

Apart from the need to keep superpower America happy on this issue, India’s interests with the US run the gamut from defense procurement to atomic energy and, more recently, the transfer of know how in shale gas exploration.

India has thus so far kept away from the India-Pakistan-Iran gas pipeline that Tehran and Islamabad continue to pursue. New Delhi has also made it a point to side with USA and Europe in taking a tough stand against Iran at international forums against its atomic efforts while at the same time it doesn’t want to eliminate Iran from its energy equations, given its rising needs to sustain a growing economy.

India’s Prime Minister Manmohan Singh thus made it a point to travel to Iran for the 16th Non-Aligned Movement (NAM) summit, met the Iranian top leadership there and emphasized the need to enhance business relations between the two nations. Back-channel activities and meetings between officials also underlined the keenness of the two nations to engage.

That could include the possibility of setting up a barter mechanism to maintain the bilateral US$15 billion trade levels with Indian imports a big US$12 billion and mostly oil. Under the system, India could pay in kind in the form of goods, commodities, investments in infrastructure projects in exchange of oil imported.

This is because finance and payment problems via usual channels have become difficult as banks fear being slapped with sanctions. Logistical bottlenecks linked to insurance of cargo and availability of ships for hire are also creating issues.

It is in this context that India and Iran re-focused attention on exploiting the Chabahar port in southeast Iran that would give India access to Central Asia and Afghanistan, bypassing Pakistan overland, where security is a major concern.

A significant trilateral meet ahead and on the sidelines of the NAM summit involved top officials from India, Iran and Afghanistan discussed ways to commercially exploit the Chabahar facility.

A joint press statement said: “the objective of the meeting was to explore ways to expand trade and transit cooperation starting with the Chahbahar Port. A Joint Working Group will meet within next three months to take the discussions forward.”

The English-language daily The Times of India quoted unnamed official sources saying India could invest Rs3-4 billion in the port. “Almost 70 percent of the work in the first phase has been completed. Iran has invested about US$340 million in the venture. Our role would be in the second phase,” a shipping executive was quoted to say. Iran plans to ramp up capacity of the port in five phases to 20 million tonnes by 2020.

Another comment in a top media outfit reads: “India's planned investment in Chabahar port will help Delhi solidify ties with the energy-rich Iran, which already serves as a commercial partner and a bridge for India's trade with Middle East.”

Even though the option of Chabahar is being probed Indian refiners continue to reduce their exposure to Iran to escape sanctions and operational problems in importing such oil. The refiners have been active in seeking new contract from Kuwait, Iraq, Libya, Egypt, Nigeria and Venezuela, among other nations.

Overall, India’s oil imports from Iran fell more than 40 percent in July (201,860 barrels per day (bpd) from June (346,600 bpd). India shipped 338,900 bpd from Iran in July 2011, according to trade data.

Iran stood sixth in the list of India’s suppliers of oil in July, compared to second position earlier this year. India has officially declared its intention to cut Iran oil imports by 15% fiscal year ended March 31, 2013.

In a recent note, the oil ministry wrote to the Prime Minister’s Office saying: “Apart from the difficulties arising from the US and EU sanctions, the delay in operationalizing of rupee payment mechanism has also contributed to reduction in imports.”

While it is difficult to do business with Iran, India does not want the momentum to completely shift away.

(Siddharth Srivastava is a New Delhi-based journalist. He can be reached at sidsri@yahoo.com)

14 tahun ‘20 September’

20 SEPT — “I’m bad with numbers — so I can’t tell you if it was 100,000 people. It certainly was very easily in the tens of thousands. Also pretty difficult to tell when the whole stretch of the road from Dataran Merdeka to the National Mosque was an ocean of people, they were spilling into the side streets, and in the mosque compound, in the nearby Pusat Islam compound.” — Sabri Zain
Tanggal 20 September 14 tahun lepas mengubah banyak hal di Malaysia. Mahu tidak mahu fakta ini harus diakui. Seluruh rakyat Malaysia terkesan. Tanggal 20 September tercatat sebagai detik hitam dalam sejarah Malaysia apabila Anwar Ibrahim ditangkap di bawah Akta Keselamatan Dalam Negeri setelah bersama puluhan ribu rakyat berhimpun di Dataran Merdeka dan Masjid Negara. Walaupun Anwar dipecat pada 2 September, bagi banyak orang 20 September dianggap tanda mula kebangkitan.
“Tidak hari ini, minggu depan. Tidak minggu ini, minggu depan, tidak bulan ini bulan depan, tidak tahun ini, tahun depan, lawan tetap lawan.”

Suasana di pilihanraya kecil Lunas tahun 2000.

Empat belas tahun berlalu, itulah kata keramat yang sering dilaung Anwar Ibrahim dan kekal tersemat di tubuh para pejuang buat azimat perjuangan yang entah bila akan menuai hasil. Apa yang pasti perjuangan berliku-liku dan memerlukan daya tahan yang luar biasa. Melihat kembali, 14 tahun terasa pendek dan dengan pencapaian sehingga kini, tabik saya berikan kepada semua yang konsisten dalam perjuangan. Kejayaan sepertinya semakin hampir tetapi jangan dilupa ia boleh menjauh seandainya terlalu angkuh. Berikut adalah peristiwa-peristiwa penting yang menurut saya mencatur perjalanan reformasi hingga kini.
Oktober 1998 — perhimpunan mingguan di Sogo dan sekitar Jalan TAR. Saya sempat menghadiri beberapa walaupun akan mengambil SPM penghujung tahunnya. Pengalaman yang tidak dapat dilupakan dan banyak membentuk sikap saya seterusnya.
24 Oktober 1999 — PAS, DAP, Parti Keadilan Nasional (KeADILan) dan Parti Rakyat Malaysia (PRM) membentuk Barisan Alternatif. Pertama kali dalam sejarah DAP dan PAS berada dalam satu gabungan politik.
4 April 1999 — Parti Keadilan Nasional dilancarkan.
14 April 1999 — Anwar Ibrahim dihukum penjara 6 tahun atas empat pertuduhan rasuah. Lantas digelar “Black 14”.
19 September 1999 — Perhimpunan di Masjid Negara berkait dakwaan Anwar Ibrahim diracun dengan arsenik sewaktu dalam tahanan polis. Perhimpunan terbesar selepas 20 September 1998 menggegarkan Kuala Lumpur dan berakhir rusuh.
29 November 1999 — Pilihanraya umum yang ke 10. Terengganu jatuh ke tangan PAS dan Kelantan terus gagal dirampas Umno-Barisan Nasional. Keputusan yang menurut saya anti-klimaks kepada parti pembangkang yang bergabung di bawah Barisan Alternatif melihatkan api kemarahan rakyat sebelumnya sangat meluap-luap. Umno terjejas di banyak kawasan akibat peralihan undi Melayu kepada PAS dan PKN. Umno diselamatkan oleh pengundi Cina dan India yang barangkali masih takut dengan momok 13 Mei dan terpengaruh dengan idea tentang kestabilan yang dicanang saban masa. Kesimpulannya reformasi gagal menarik sokongan bukan Melayu.
5 November 2000 — Perhimpunan 100,000 rakyat yang sepatutnya diadakan di Kampung Jalan Kebun, Klang tetapi disekat polis akhirnya menjadi detik bersejarah apabila Lebuhraya KESAS menjadi lokasi pertama demonstrasi di lebuhraya. Ribuan berarak di Lebuhraya KESAS menuju tempat berkumpul berhampiran Plaza Tol Kemuning dan menyeru Perdana Menteri, Dr Mahathir Mohamad untuk berundur. Seperti lazim, perhimpunan berakhir kecoh apabila FRU menyembur air asid dan gas pemedih mata bagi menyuraikan peserta.
29 November 2000 — Pilihanraya kecil Lunas dimenangi calon Keadilan, Saifuddin Nasution Ismail mengalahkan calon BN, S. Anthonysamy. Kemenangan ini diharap dapat mengekalkan momentum reformasi supaya terus subur.

Perhimpunan Black 14 tahun 2001.

14 April 2001 — Perhimpunan “Black 14” tahun 2001 diadakan di perkarangan Suhakam. Beberapa hari sebelum itu 10 aktivis ditahan di bawah ISA; Tian Chua, Mohammad Ezam Mohd Nor, Saari Sungib, N. Gobalakrishnan, Hishamuddin Rais, Raja Petra Kamarudin, Abdul Ghani Harun, Dr Badrul Amin Baharom, Lokman Adam dan Badaruddin Ismail. Menurut saya penangkapan ini telah sedikit sebanyak meruntuhkan momentum reformasi yang diakibatkan perbezaan pandangan yang muncul setelah pembebasan mereka. 21 September 2001— Barisan Alternatif bubar dengan pengunduran DAP akibat sengketa dengan PAS berkaitan isu negara Islam.
3 Ogos 2003 — Parti Keadilan Nasional dan Parti Rakyat Malaysia bergabung menubuhkan Parti Keadilan Rakyat.
21 Mac 2004 — Keputusan pilihanraya umum ke 11 adalah kiamat kecil kepada parti pembangkang apabila Umno-BN menang besar dan berjaya merampas semula Terengganu serta hampir menguasai Kelantan. Aktivis dan parti pembangkang masing-masing berpecah belah.
2 September 2004 — Anwar Ibrahim dibebaskan. Semangat baru bertiup semula.
7 Januari 2007 — Mood rakyat dibangkitkan semula dengan menggelar perhimpunan anti tol di Sunway Pyramid.
4 Februari 2007 — Agenda meniup semangat diteruskan dengan perhimpunan anti tol di IOI Mall, Puchong.
10 November 2007 — Mood rakyat berjaya dibangkitkan dengan jaya pada Perhimpunan Bersih menuntut pilhanraya bersih dan adil apabila sekitar 30,000 rakyat turun ke Kuala Lumpur.
8 Mac 2008 — Pilihanraya ke 12 adalah detik bersejarah apabila parti pembangkang yang bertanding tanpa bergabung dalam satu koalisi berjaya menumbangkan Barisan Nasional di Selangor, Pulau Pinang, Kedah dan Perak serta mengekalkan Kelantan. Majoriti 2/3 Barisan Nasional juga berjaya dinafikan.
1 April 2008 — Pakatan Rakyat yang terdiri dari PKR, PAS dan DAP ditubuhkan dan membentuk kerajaan di 5 buah negeri.
14 April 2008 — Black 14 dirayakan dengan suasana berbeza apabila Anwar Ibrahim secara rasminya kembali aktif di dalam politik Malaysia. Puluhan ribu memadati Kelab Sultan Sulaiman di Kampung Baru.
26 Ogos 2008 — Anwar Ibrahim kembali terpilih sebagai Ahli Parlimen setelah memenangi pilihanraya kecil Parlimen Permatang Pauh.
1 Ogos 2009 — 20,000 menyertai Perhimpunan Anti-ISA di Kuala Lumpur. Masih didominasi Melayu.
9 Julai 2011 — Perhimpunan Bersih 2.0 disertai sekitar 30,000 rakyat dan mulai disertai banyak kaum bukan Melayu.
28 April 2012 — Perhimpunan Bersih 3.0. Kemenangan rakyat apabila puluhan malah mungkin ratusan ribu rakyat berbilang bangsa turun ke jalan raya di Kuala Lumpur menyatakan tuntutan menuntut pilihanraya bersih dan adil. Bukan sahaja di Kuala Lumpur, Bersih 3.0 turut diadakan di bandar-bandar lain di Malaysia seperti George Town dan Johor Baru serta lebih 80 kota di seluruh dunia.
20 September 2012 — Perjuangan berterusan dan syukur dimensinya lebih luas serta merentas kaum dan agama.
Bulan-bulan mendatang menjelang pilihanraya umum ke 13 merupakan saat-saat penting untuk negara kita. Pilihan di tangan kita untuk mencatur Malaysia seperti apa; Ketuanan Melayu? Ketuanan Islam? Ketuanan Cukong? Ketuanan Rakyat? Semoga 15 tahun “20 September” pada 2013 akan dirayakan dengan semangat kemerdekaan dan kebebasan yang baru serta semangat persaudaraan bangsa Malaysia yang lebih utuh.
* The views expressed here are the personal opinion of the columnist.

In Solidarity with Suaram

Borders case highlights clash of legal systems, lawyers say

The Malaysian Insider 
by Ida Lim

KUALA LUMPUR, Sept 19 ― The competition between Malaysia’s dual legal systems is again under the spotlight with the civil courts’ review of the Federal Territories Islamic Department’s (JAWI) seizure of books from a Borders bookstore without a ban from the Home Ministry, lawyers have said.

Malaysia has two legal systems that exist in parallel, civil laws and Islamic laws, with the large Malay-Muslim population in the country also being bound by the former.

But there have been clashes in the courts over which set of laws prevail, particularly in matters affecting both Muslims and non-Muslims, such as freedom of religion and conversion of faith.

On June 25, Borders’ owner Berjaya Books together with two Borders employees won leave for judicial review of the actions of JAWI, the home minister and another minister, for the seizure of books by liberal Muslim author Irshad Manji, among others.

In the home minister’s affidavit filed on September 5, he stated that JAWI has powers to seize books that are not banned by the Home Ministry but are in violation of “hukum syarak (Islamic laws)”.

He also wrote that “although there had been no Prohibition Order on the date on which the book was confiscated by JAWI, JAWI is empowered to seize the book because the book had contravened Section 13 of the Syariah Criminal Offences (Federal Territories) Act 1997. Seizure can be done by JAWI under the applicable laws without any prohibition order from KDN (Home Ministry).”

Civil liberties lawyer Syahredzan Johan said that the home minister’s affidavit is “actually the correct position in terms of the law”.

He said that in this case, the home minister and JAWI derive their powers from different legal jurisdictions, but yet share some overlaps of power.

“The jurisdiction to declare a publication as ‘undesirable’ and thus ‘banning’ a publication given to the home minister is different from the jurisdiction of JAWI under those Syariah provisions.”

“JAWI, from the reports, acted based on those Syariah provisions even when there is no order by the home minister, of any sort, upon the book.”

“Clearly, there is an overlap between what the home minister can do and what JAWI can do. This is not new. Only recently the spotlight is cast upon this and it is under scrutiny.”

Andrew Khoo, a lawyer and human rights activist, agreed with Syahredzan. “This issue highlights the challenges that our society faces when two different legal systems interconnect.”

“Our society can no longer be easily pigeon-holed or compartmentalised such that laws exclusive to one community have no impact or consequence for other communities.”

He said that under the Federal Constitution, the country’s supreme law, “Islamic enactments can only apply to those professing the religion of Islam”.

“But it has never been the case in this country that only Muslims are interested in Islam. Non-Muslims also want to read about Islam.”

“So what happens when a company that runs a bookshop offers for sale a book on Islam that the public may want to read, but that does not meet the approval of the religious authorities?”

“So do those religious authorities have a right to enter the company’s premises and seize the offending publications? What is the extent of their power and jurisdiction?” he asked.

Both Khoo and Syahredzan said that religious bodies such as JAWI only have control over individuals who profess the religion of Islam, and this did not include companies.

Khoo also said that “all Malaysians deserve to enjoy” the “fundamental freedom of thought, conscience and belief.”

“We should not have to subscribe or conform to the official views of authorities, be they civil or religious,” he said.

Khoo added that “contestations” between the two legal jurisdictions in Malaysia “have become increasingly more frequent” as “Islamic religious authorities... attempt to expand and enlarge the writ of their powers and jurisdiction in the public sphere.”

He said that “this is not the only area of contestation”, saying it also happened in other areas of the law such as family law, as well as in schools and educational institutions.

“We need to come up with a comprehensive solution if both these two systems of law are to co-exist amicably,” Khoo said, adding that this can only happen if “all stakeholders are prepared to sit down as equals to discuss the issues.”

Appointment of Prime Minister

The Star 
Reflecting On The Law By Prof Shad Saleem Faruqi

When the House has no one commanding a majority, the Yang di-Pertuan Agong’s discretion can change the course of the nation’s history.

OF all the constitutional functions of the Yang di-Pertuan Agong, the most critical and controversial is the appointment of the Prime Minister.

In exercising this function, His Majesty is bound by Article 43(2)(a) which imposes two requirements: the PM designate must be a member of and have the confidence of the majority of the members of the Dewan Rakyat.

Membership: Unlike in Australia where the PM can belong either to the House of Representatives or the Senate, our PM must be an MP in the Dewan Rakyat.

It is conceivable, however, that in some extreme circumstances we may follow the Douglas Home precedent from the UK.

In the 60s, Sir Alec Douglas Home, a peer in the House of Lords, was elected leader of the Conservative Party.

When his party won the elections, he resigned his peerage and was appointed PM. Soon thereafter, a vacancy was created in the Commons which he contested and won.

In Selangor in the 80s, Datuk Abu Hassan was similarly appointed Mentri Besar of Selangor even before he was elected to the State Assembly.

Confidence: The wording in Article 43(2) that the PM must be a person who, in the opinion of the monarch, enjoys the confidence of the majority of the members of the Dewan Rakyat, creates the impression that the King has a wide, subjective discretion to anoint any MP with the premier’s post. The truth is quite different.

If there is a party or coalition enjoying an absolute majority in the Dewan Rakyat, the King has no choice but to appoint its leader as the PM.

Unlike the Constitutions of nine states with Malay Rulers where the basic law explicitly mentions that the MB must be a Malay/Muslim, the Federal Constitution imposes no requirement of race, religion or region.

However, there is a constitutional convention in favour of a Malay appointee. Conven­tions are not rules of law and this convention may face pressure in the future from a bumiputra aspirant from Sabah or Sarawak. We must remember that the two states together possess 56 parliamentary seats.

In the appointment of a PM, his support in the Dewan Negara is irrelevant. His party’s or coalition’s total popular vote at the elections does not count. It is his seats in the Dewan Rakyat that determine the King’s choice. Some factors that may trigger the King’s personal discretion are as follows:

Death or illness of the PM: If a vacancy arises in the office of the PM due to death or illness (as happened on the demise of Tun Razak in January 1976), the proper course for the monarch would be to wait for the ruling party or coalition to choose its new leader.

However, His Majesty may elevate the Deputy to the top post right away without waiting for the party leadership decision.

Lack of unanimity: If the ruling party is hopelessly divided on the choice of a leader, it is conceivable that the monarch may make a personal choice from the parliamentary party. Alternatively, as in Australia many times, the King may appoint a person from another party to hold the post temporarily till the majority party makes up its mind.

Caretaker government: Malaysia follows the British convention that the PM who advised dissolution, and his Cabinet, remains in office in a caretaker capacity without the need for a new swearing-in.

However, if during the dissolution, the PM dies or suffers serious illness, then Article 43(2) permits the Yang di-Pertuan Agong wide discretion to appoint any person who was a member of the last House of Representatives to helm the nation.

Hung Parliament: A hung Parliament is one in which no party or coalition commands an absolute majority in the House of Repre­sentatives.

The government in power can lose its majority in the House for a number of reasons. It may suffer deaths, resignations or defections causing its membership to dip below the 50% + 1 vote. Or, the general election may result in a stalemate and no party or grouping may emerge a clear victor.

In such a situation when the House has no one commanding a majority, the Yang di-Pertuan Agong’s discretion assumes a critical, central role and his decision can change the course of the nation’s history. What are his choices?

First, he cannot run the country on his own. That would be contrary to the overall spirit of the Constitution.

Second, His Majesty cannot order another general election after the just completed indecisive one.

The Constitution is clear in Article 55(4) that after a dissolution, the new parliament shall be summoned not later than 120 days. This means that after an election, a PM must be appointed, the House must meet, and a vote of confidence must be taken.

Third, if election results are indecisive and no majority government can be installed, the King can follow the “incumbency rule” and allow the caretaker PM to remain at the helm till Parliament is summoned within the 120 day rule.

Fourth, in some countries like Nepal the rule is that in hung Parliaments the party with the largest number of seats is given the first chance to form a coalition government.

The fifth choice for the monarch is to indulge in broad consultation with all parliamentary factions to see if any one of them can form a viable coalition government capable of enacting the budget and pushing through critical legislation.

In such a scenario it is not uncommon for the head of state to require the PM-designate to supply written lists or letters to prove his support and to subject himself to a vote of confidence within a stated period.

If no viable coalition can be cobbled together, the sixth choice for the monarch is to allow a minority government or a unity government to lead the nation till new elections are called.

> Shad Saleem Faruqi is Emeritus Professor of law at UiTM

Palanivel Launches MIC Veteran Club

KUALA LUMPUR, Sept 20 (Bernama) -- MIC president Datuk Seri G. Palanivel Thursday launched the MIC Veteran Club aimed at appreciating their struggle and experience in line with strengthening support for the Indian community.

He said the group should not be sidelined in the party's struggle because they could still offer suggestions on how to boost the confidence of the Indians, following the political changes, after the last general election.

Palanivel, who is also Minister in the Prime Minister's Department was talking to reporters after launching the club, here, which was also attended by former MIC president Datuk Seri S. Samy Vellu.

He said MIC planned to organise a gathering of 20,000 members at the Bukit Jalil National Stadium to show that the party still received the support of the community.

Umno General Assembly From Nov 27 To Dec 1, 2012, Says Najib

KUALA LUMPUR, Sept 20 (Bernama) -- The Umno General Assembly this year will be held from Nov 27 to Dec 1, said Prime Minister Datuk Seri Najib Tun Razak Thursday.

Najib, who is also Umno president, said the five-day assembly would begin with the presidential briefing on Nov 27 which would be followed by the official opening of the assemblies for the Wanita, Youth and Puteri wings at night.

"From Nov 28 to Dec 1, the Wanita, Youth and Puteri wings will have their assemblies while the Umno General Assembly will be held from Nov 29 until Dec 1," he told reporters after chairing the Umno Supreme Council meeting at Menara Dato' Onn, here Thursday.

Also present was Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor.

Najib also said that as of Sept 18, a total of 176 divisions had held their meetings while the remaining 15 divisions were expected to do so during the weekend.

The Prime Minister said the Supreme Council had also received suggestions from the party's Management Committee on the procedures for accepting membership at the divisional and branch levels.

He said that in line with Clause 5.4 of the Umno constitution, any application form received by the party headquarters without being signed by the branch committee would be returned to the committee and it must be resolved within two months of the date the letter was issued by the party headquarters.

"Anyone holding position who is found to have abused his power, by deliberately rejecting the membership, could be penalised under article 8 of the members' code of ethics.

"This is to ensure that the Umno open door policy is implemented fully and no one can be obstructed from becoming an Umno member," he said.

Asked whether the party election would be held at the forthcoming Umno General Assembly, Najib said: "Party election is postponed until after the general election.

Malaysia Day at Rumah SABM

Paris, September 2, 2012: Ganesh Festival

The Indian community in Paris has celebrated the birthday of Lord Ganesh, revered as the god of wisdom, prosperity and good fortune (*) For its 18th edition, at the initiative of the Manicka Sri Vinayakar Alayam Ganesh temple (the largest Hindu temple in France) the festival brought together thousands of people who followed the float housing the statue during four hours around the 18th district. In a festive atmosphere, an endless procession of dancers, musicians and participants mingled with the public giving out offerings, sweets and soft drinks. (*)

 “Ganesh Chaturthi is the Hindu festival celebrated on the occasion of birthday of Lord Ganesha, the son of Shiva and Parvati, who is believed to bestow his presence on earth for all his devotees in the duration of this festival. It is the day Shiva declared his son Ganesha as superior to all the gods. Ganesha is widely worshipped as the god of wisdom, prosperity and good fortune and traditionally invoked at the beginning of any new venture or at the start of travel.” (Wikipedia)

Leader of Anti-Islam PRO Movement in Germany Included in Death Fatwa

"The leader of the Islam-critical PRO movement, the Leverkusen lawyer Markus Beisicht, is also mentioned by name in the death list announced today by an Arab imam. The so-called fatwa was pronounced against the makers of the Mohammed video - and against everyone who supports the further dissemination of the video. In Germany, in the view of Arab Islamists, this group of persons apparently includes the PRO leader Markus Beisicht. Beisicht is listed in the bloodthirsty document along with his name, address, email and telephone details. All young Muslims in the USA and Europe are called on to murder the people named in the fatwa.


Markus Beisicht:
"The police state protection service informed me yesterday about this new development. It is horrifying the brutality with which Islamic extremists from the other end of the world want to prescribe what we Germans, Europeans and Americans can or can't say," said Beisicht in his first public statement on the matter. "This is a general attack on our values and sovereignty. Freedom of opinion and democracy must not be sacrificed to the totalitarian power claims of a medieval ideology. In any case we will not weaken and will vigorously continue our political struggle against islamisation and foreign infiltration!".

Woman sitting on a Man’s lap at the back seat & kissing

Police offer rejected as boy, girl ‘talking dispute’ nabbed

KUWAIT CITY, Sept 18: A 20-year-old Kuwaiti citizen and a 22-year-old Kuwaiti girl were arrested recently for indulging in immoral activities inside a vehicle in Capital Governorate. However, after the arrest, the woman revealed that the securitymen promised to settle the issue amicably if she accepted their mobile numbers and kept in touch with them.

According to security sources, two traffic officers from Capital Traffic Department were patrolling the area when they suspected a vehicle that was parked near a commercial complex. Screens were placed on the windows of the vehicle but when securitymen checked through it, they caught a woman sitting on a man’s lap at the back seat of the vehicle and kissing him.

The securitymen ordered them to come out of the vehicle and present their Civil IDs, which revealed that they are Kuwaiti citizens.

They were referred to the police station and during interrogations, they revealed that they were discussing about an earlier dispute between them at the back seat when securitymen demanded them to come out of the vehicle.

They revealed that the securitymen tried to convince the woman to take their mobile numbers if she did not want them to register case against her and the man but she had refused their demands, after which they took them to the police station.

Investigations are ongoing to determine the real circumstances behind the incident.

Things are looking up for MIC

Thanks to the work done by Palanivel, the party looks set to win back its traditional seats.
COMMENT

By P Gunaseelan

When G Palanivel took over the MIC presidency nearly two years ago, he had two mammoth tasks ahead of him – to unite the various factions in the then fractured party and to recapture the Indian votes that Barisan Nasional lost in 2008.

He can be proud of the remarkable success he has achieved in the first task.

The second task is much more difficult. In 2008, about 65% of the Indian votes were against BN. MIC contested nine parliamentary seats and won only Segamat, Tapah and Cameron Highlands. It recaptured Hulu Selangor in a by-election in April 2010.

As the 13th general election approaches, many observers, including a major section of the Indian community, are wondering whether MIC can increase its representation in Parliament or even retain its four seats.

Palanivel has a subdued public face, especially when compared with his predecessor, S Samy Vellu. But still waters run deep. Those who know him well can testify to his visionary character and his diligence in pursuing progress for Indians. He is never short of innovative ideas for the uplift of the community.

In his quiet way, he has scored several notable achievements in the past two years, one of the latest being the government approval of RM100 million for renovations and upgrading works at Tamil schools. And he has obtained special permission from the prime minister to have these works undertaken by Indian contractors.

Another milestone in his political career was obtaining RM180 million for small and medium enterprises (SMEs) run by Indians. As a result, thousands of these entrepreneurs, sole proprietors and petty traders are expected to expand their businesses.

Palanivel is also working very closely with the Public Services Commission to increase the number of Indians in the civil service by 3,000 by the end of this year. He is also pushing for the promotion of Indians in the civil service, especially those who have been stagnating in their jobs for too long.

Also, for the first time in the Malaysian history, Palanivel has requested a special allocation in the 2013 national budget for activities to enhance the living standard of Indians, which would include opening up opportunities for their education.

The Indian community is following all these developments closely and the hatred towards MIC has largely been defused, thanks to Palanivel’s leadership style.

Positive reaction

He recently presented to the prime minister MIC’s list of proposed candidates for the coming election, and it is believed that the PM’s reaction has been positive.

Palanivel has confirmed his intention to contest in the election, but has been keeping everyone guessing which seat he is eyeing. The guesses include Sungai Siput, Teluk Kemang, Kuala Langat and Cameron Highlands.

Although he has often visited and resolved issues in all four places, the strongest speculation seems to be that he has decided on Cameron Highlands. Last week, he again visited the hill resort. Among his activities there was to meet with 100 NGO leaders. He stunned a Chinese audience of politicians and civil society leaders by speaking in fluent Mandarin.

As the president of his party, Palanivel has the prerogative of contesting anywhere, including Cameron Highlands. The incumbent for this seat is SK Devamany, who has won it twice. In the last election, Devamany beat DAP’s J Apalasamy by more than 3,000 votes. MIC is tipped to retain the seat by an even bigger majority in the 13th general election.

MIC is also expected to retain Tapah with a bigger majority because its first term MP, M Saravanan, is known to have taken care of the constituency well. In 2008, he obtained 14,084 votes against the 11,064 garnered by PKR’s Tan Seng Toh.

Hulu Selangor also looks safe for MIC. P Kamalanathan won it against PKR’s Zaid Ibrahim in the 2010 by-election. It is perhaps worth noting that Palanivel went all out to campaign for Kamalanathan.

Segamat, currently held by party deputy president Dr S Subramaniam, is safe as well. In 2008, he received 15,921 votes against the 12,930 garnered by his rival, DAP’s Pang Hok Liong. In the next election, Dr Subramaniam is tipped to win by at least 5,000 votes.

Sungai Siput is a traditional MIC stronghold although it fell to the opposition in the 2008 political tsunami. It was held by two MIC presidents in the past. VT Sambanthan occupied the seat from 1955 to 1974, when Samy Vellu took over from him and held on to it for eight terms.

Parti Sosialis Malaysia’s Dr Michael D Jayakumar, the current MP for Sungai Siput, is soft spoken and well liked. In politics, however, the wise person often triumphs over the nice fellow. If Samy Vellu is fielded again for the seat, he is expected to win big, but he has said that he was not keen.

Sungai Siput went through a tremendous transformation when it was Samy Vellu’s seat. But MIC has not neglected it even after losing it. The party’s Sungai Siput office as well national leaders have been serving the constituency without fail. Palanivel makes routine visits to the area to look after the diverse needs of the people and he can win the seat if he decides to stand there.

But Sungai Siput will return to MIC even if the party president decides on Cameron Highlands for himself and shifts Devamany there.

Indeed, any candidate who is clean and has an excellent track record can win back the seat for MIC. For some time, MIC secretary-general S Murugesan was tipped to contest in Sungai Siput. Former deputy minister T Murugiah has also been speculated as a candidate for this constituency.

Teluk Kemang is another traditional MIC seat that fell in 2008. This seat was held by former party vice-president K Pathmanaban from 1974 to 1990, when S Sothinathan took over from him.

In 2008, Sothinathan was defeated by PKR’s Kamarul Bahrin Abbas, who garnered 23,348 votes against the MIC man’s 20,544 votes.

Pakatan Rakyat appears to believe that former MIC veteran G Muthupalaniappan’s entry into its midst will cause some problems to MIC in its bid to recapture Teluk Kemang. However, Negeri Sembilan MIC, Teluk Kemang MIC as well as Sothinathan himself have all been servicing the Teluk Kemang constituency well and the party is tipped to recapture the seat without much of a problem.

Down to earth

Another of the parliamentary seat that MIC lost in 2008 is Kota Raja. Then MIC Youth leader S Vikneswaran was defeated by a majority of 20,751 by Dr Siti Mariah Mahmud of PAS.

Dr Siti Mariah is a down-to-earth and simple person who mingles with the constituents freely without any protocol and restrictions. She is much respected for this reason, and MIC faces a tough battle to unseat her.

However, Vikneswaran who was active in NGOs for some time, is said to be working hard and is confident of his chances if he is fielded in Kota Raja. People aligned to him claim he has strong contacts with certain influential Umno leaders and that they would ensure his victory.

Kapar, too, was a MIC seat until the party’s women’s chief, M Komala Devi, was defeated by PKR’s S Manikavasagam in 2008.

Although MIC central working committee member A Saktivel is frequently seen in various functions held in Kapar, it will not be easy for the party to win back the seat from Manikavasagam, who is known for championing popular issues.

MIC’s GS Nijhar, who had won Subang in 2004, decided in 2008 to give way to the younger crop of leaders. Hence, S Murugesan was fielded against then PKR vice-president and prominent lawyer R Sivarasa. MIC lost by 6,000 votes. But Murugesan is tipped to contest again, perhaps in Subang and perhaps in Sungai Siput. Another name mentioned for Subang is D Ravindran.

This urban seat is economically developed and people will vote for personality and a good track record rather than for a party.

MIC is also expected to swap some seats with other BN parties. This is a good idea if other component parties have better chances in traditional MIC seats and MIC has better chances in other areas.

The writer is an MIC member and the president of Malaysia Public Service Association. He is also the editor of Nayagankini.

Pejabat Suaram ‘diserbu’ polis, ROS

Empat pegawai ROS dan dua anggota polis tiba kira-kira 11.15 pagi tadi meminta untuk masuk ke pejabat atas alasan 'mahu menjalankan pemeriksaan rutin'.

PETALING JAYA: Pejabat Suara Rakyat Malaysia (Suaram) di Jalan Gasing di sini didatangi polis dan Pendaftar Pertubuhan (ROS) pagi tadi, dipercayai untuk tujuan pemeriksaan terhadap badan bukan kerajaan (NGO) itu.

Pengarah Eksekutif Suaram E Nalini ketika dihubungi berkata, empat pegawai ROS dan dua anggota polis tiba kira-kira 11.15 pagi tadi meminta untuk masuk ke pejabat atas alasan ‘mahu menjalankan pemeriksaan rutin’.

“Namun kami tidak membenarkan mereka masuk ke pejabat kerana mereka hadir tanpa sebarang notis atau waran.

“Selagi tiada sebarang waran dikemukakan mereka tidak akan dibenarkan masuk,” katanya.

Suaram kemudiannya diwakili peguam Latheefa Koya dan Fadiah Nadwa Fikri yang hadir kira-kira 10 minit kemudian untuk berbincang dengan peawai tersebut.

Fadiah ketika dihubungi berkata, pegawai terbabit pada mulanya berkeras mahu naik ke premis Suaram namun berjaya dihalang selepas meyakinkan mereka perlu mempunyai waran untuk berbuat demikian.

Katanya, pegawai terbabit kemudiannya mengarahkan kakitangan Suaram mengisi satu borang ROS yang mengandungi arahan supaya menyatakan beberapan butiran termasuk jumlah kakitangan dan alat kelengkapan pejabat.

Namun Fadiah berkata anak guamnya enggan mengisi borang tersebut kerana Suaram berdaftar dengan Pendaftar Syarikat (ROC) di bawah Suara Inisiatif Sdn Bhd dan bukannya ROS.

“Nalini cuma mengisi dalam ruangan “Nota” dibahagian terakhir borang yang menegaskan Suaram adalah NGO berdaftar dan mematuhi piawaian daripada pemeriksaan berkala ROC.

“Maka tiada keperluan untuk Suaram mengisi borang ROS.

“Polis dan pegawai ROS kemudiannya meninggalkan premis kira-kira 1 tengahari tadi selepas berpuas hati dengan penjelasan kami. Tiada sebarang kekerasan atau kejadian tidak diingini berlaku,” katanya.

Kedatangan ROS itu dipercayai berkaitan keputusan kerajaan yang mahu menyiasat dakwaan NGO itu menerima dana asing daripada National Endowment for Democracy (NED).

NED, yang diasas pada tahun 1983 dikatakan bergerak sebagai topeng CIA dan berselindung di sebalik pertubuhan bantuan amal untuk projek ‘demokrasi’.

NED turut dikaitkan dengan ‘penyangak mata wang’ antarabangsa yang menyebabkan krisis ekonomi Asia Tenggara pada tahun 1997, George Soros.

Dr M: BN won’t get supermajority

The influential former prime minister says Najib's government is weak.

KUALA LUMPUR: Influential former prime minister Dr Mahathir Mohamad today described the Najib government as weak and predicted that it will not gain the much-needed parliamentary supermajority in the upcoming polls.

Malaysia’s longest-serving premier said the present government under Prime Minister Najib Tun Razak was too focused on “surviving” after its record losses in the 2008 general election, meaning it could not make “strong decisions” needed to push the country forward.

Mahathir had in the past hinted repeatedly that Najib was making concessions to popular and opposition demands to shore up support and warned that this could weaken his administration.

Speaking at the 2012 Perdana Global CEO Forum here today, the country’s fourth prime minister said he would not “say anything bad” of Najib’s performance now but hinted that it was too occupied with wooing voters at the expense of development.

“I think Barisan Nasional will win but I think the majority will not be so good,” he said in his keynote address entitled “What to expect post-13th general election”.

“If you ask me, will BN deliver after it wins? Today the government is not strong… it is trying to survive. What it is doing is just surviving. When a government is only trying to survive, it cannot focus on development.”

Mahathir also hinted that Najib, an unelected prime minister who took office in April 2009, was splashing out cash to woo voters and hinted that it was almost “close to vote buying”.

Spending a lot of money

“I won’t say anything bad about Najib. I’m supposed to be campaigning for him but what I can tell you is, he is spending a lot of money. I wish I could have done that but we didn’t have that much money then,” he joked.

The former premier had often dodged rating Najib’s performance in the past, repeatedly saying that he would avoid giving negative feedbacks.

Observers interpret Mahathir’s response as a hint that the outlook on Najib’s leadership and approach to redeem BN’s losses in 2008 was not good.

And while he is seen campaigning hard to ensure the ruling coalition stays in power, analysts said this does not necessarily translate into endorsement for Najib.

Today, Mahathir again urged voters to be mindful of voting in the opposition, saying that although the present administration may have its weaknesses, the country can improve with only a reshuffle in leadership.

He said voting the opposition into power could be disastrous and the voters will have to “pay the price” when most of the policies of the opposition are in place.

BN claimed most of the ideas proposed by Pakatan Rakyat were populist and unrealistic.

Pakata had promised to raise oil subsidies, lower car prices and cut taxes but the government said these measures will affect revenue and hinder development.

Taib is worth RM45b, believe it or not

When Sarawak Chief Minister Taib Mahmud told longhouses residents in Sungai Aup, Sibu, in 2010 that he had 'more money than he can ever spend', people understood that he was rich. But how rich, was anyone's guess.

PETALING JAYA: Earlier today, Swiss-based NGO, Bruno Manser Fund (BMF), threw some light when it released its report: The Taib Timber Mafia. Facts and Figures on Politically Exposed Persons from Sarawak, Malaysia.

According to the report, Taib and his 20-member family clan are collectively worth US$21 billion (RM64 billion).

Taib himself is worth US$15 billion (RM45 billion) and, according to the report, “is the richest man in Malaysia”… his wealth having been derived from “plundering the state during his three decades as Chief Minister of Sarawak”.

It further explains why Umno and Prime Minister Najib Tun Razak cannot muscle old man Taib out of his decades-old political seat.

Also wallowing in wealth are Taib’s better known siblings Onn Mahmud, Tufail Mahmud, Raziah Mahmud and his children Mahmud Bekir, Sulaiman Rahman, Jamilah and Hanifah. Also in this elite loop is his first cousin Hamid Sepawi.

Lesser known to the masses are Taib’s 12 other clan members, also “business magnets” worth millions in US dollar.

Disclosing these financial details in a 45-page report released in Brussels in conjunction with the visit of the Plantation Industries and Commodities Minister, Bernard Dompok, to the European Union, BMF noted that “godfather” Taib and his family may have more “assets hidden in offshore districts”, which may be untraceable.

“The facts and figures of the Taib family are merely the tip of the iceberg as many family assets are likely to be hidden overseas or in offshore districts where information is virtually impossible to obtain.”

But the extensive research into Taib’s business in Malaysia and overseas had, however, uncovered the vast dimensions of the family’s illicit assets.

“This report aims to build up international pressure against the corrupt Taib family and provide investigating bodies, journalists, Sarawakians and interested parties with detailed evidence on the Taib financial empire.

“The report also aims to demonstrate the financial and political control that Taib has over Sarawak and provides profiles on the chief minister and his family members, all of whom have financially benefited from the destruction of Sarawak’s rainforest,” it said.

The reports claimed that Taib abused his position as chief minister, state finance minister, and planning and resources minister, to award his family members with timber and palm oil concessions, state contracts and directorships in Sarawak’s largest companies.

It notes that in 2009, his three ministries controlled 49.6% of the state’s operating expenditure of RM1.19 billion (US% 391 million) and 80% of the state’s development expenditure of RM3.08 billion (US$1.01 billion), with the other 10 ministers sharing the rest.

Overflowing wealth


Detailing the wealth list of the Taib clan, the report said that the second richest man in Malaysia was Taib’s brother Onn Mahmud, who is worth US$2 billion (RM6 billion).

Also sharing the billionaire tag with a net worth of US%1.5 billion (RM4.5 billion) and US$1 billion (RM3 billion) respectively were Taib’s elder son Mahmud Bekir and his Canada-based socialite daughter Jamilah Taib-Murray.

His two other children – the “invisible” Kota Samarahan MP, Sulaiman Rahman, is worth US$300 million (RM900 million) while and daughter Hanifah has US$400 million (RM1.2 billion) to her name.

Taib’s sibling Onn Mahmud has an alleged net worth of US$1.5 billion (RM4.5 billion) and is the second richest man in Malaysia, while his other brother Tufail has US$600 million (RM1.8 billion) and sister Raziah is worth US$500 million (RM1.5 billion).

Other siblings noted in the report are Arip Mahmud who is worth US$100 million (RM300 million), Ibrahim Mahmud and Ali Mahmud at US$20 million (RM60 million) each. His sister Ferdahanum and Zaleha are worth US$10 million (RM30 million) each while the net worth of another sister Aisah Zainab is not known.

Also mentioned in the report is Taib’s cousin Hamid Sepawi who made the Forbes Asia 2012 list . Hamid, who is the founder of Ta Ann Group, a timber conglomerate, is worth US$175 million (RM535 million), according to the list.

Next in line is Taib’s in-laws.

His daughter Jamilah’s husband, Sean Murray, is worth US$10 million (RM30 million) while Hanifah’s spouse Syed Ahmad enjoys US$20 million (RM60 million) in assets.

Of his brother-in laws, Robert Geneid (Raziah’s spouse) has US$10 million (RM30 million) and Ferdahanum’s man Abdul Aziz Husain has US$20 million (RM60 million).

Taib’s ‘finger’ in 400 companies

Another key player noted in this report is Richard Alexander John Curtis. His net worth is US$20 million (RM60 million).

Curtis, a British lawyer, is a key figure in the Taib family business empire through his role as group managing director of Taib family-controlled CMS and director of financial services provider K&N Kenanga Holdings.

The list of names, however, is not exhaustive.

BMF’s extensive research, however, “is only the tip of the iceberg”.

“The findings exposed that Taib and his family have a stake in over 400 companies around the globe and hold illicit assets worth several billion US dollars.

“The Taib family is one of Southeast Asia’s most notorious kleptocratic clans with business interests in Malaysia, Australia, Canada, Hong Kong, the United Kingdom, the United States and other countries.

“[In Sarawak], the Taibs have established monopolies over the granting of timber and plantation concessions, the export of timber to third countries, the maintenance of public roads as well as over the production and sale of cement and a number of other construction materials.”

It is a well-known fact in Sarawak that the Taib family’s flagship company CMS has benefited from un-tendered contracts worth hundreds of millions of US dollars.

“[In Sarawak], the Taib family runs a well-diversified financial empire with interests in Sarawak’s largest timber and logging companies [Ta Ann, Samling, WTK, Sanyan], monopolistic control of log exports [Achi Jaya Transportation], plantations [Sarawak Plantation], construction [CMS, Naim Holdings, Titanium Management], electricity supply [Sarawak Cable, Sarawak Energy], property development [Custodev, Kumpulan Parabena] and state media [Cats FM, New Sarawak Tribune], to name a few,” the report noted.

Dr M: Najib’s cash handouts ‘very close’ to vote buying

Clara Chooi, The Malaysian Insider

Tun Dr Mahathir Mohamad admitted today that the Najib administration’s penchant for handing out cash to Malaysians through its various people-centric policies was “very close” to vote buying.

But the former prime minister said the government was running out of time with polls drawing closer as the ruling Barisan Nasional (BN) coalition needed a bigger mandate to tighten its grasp on Putrajaya.

“I do not believe in giving money to the people. I believe in giving facilities. But I think when a government has no time and they are facing an election, they make a decision that is easy,” Dr Mahathir said in his keynote address at the Perdana Leadership Foundation’s CEO Forum 2012 here.

“If you give people money, then they should support (you). Maybe it is not vote-buying... but it is very close to that,” he said, to laughter from the audience.

The government is expected to announce a second round of RM500 cash handouts to lower-income households when Budget 2013 is tabled next week, in a move that is seen as giving Najib and his BN pact’s ratings a boost ahead of polls expected soon.

The first round of handouts under the Bantuan Rakyat 1 Malaysia (BR1M) programme, which involved some five million families and cost taxpayers RM2.6 billion, saw Najib’s approval ratings shoot up to 69 per cent, largely due to a surge of support from low-income households.

Throughout his address, Dr Mahathir repeatedly mentioned the Najib administration’s cash handouts, at one point even saying that “he (Najib) has a lot of money”.

“Now we have a new man as the head (of government),” he said when recalling the succession of prime ministers after he stepped down in 2003.

“I won’t say anything bad about him because I support BN.

“The only thing I’m going to say is that he has a lot of money and he is giving away money to everyone.

“During my time, I didn’t give away money. I could have even given money to myself but I didn’t. I think I made a mistake there,” he said in jest.

Najib will table the Budget on September 28 and besides the fresh BR1M handout, he is expected to announce other measures to boost domestic spending and the economy in a bid to head off a worsening economic outlook as he prepares to call his first general election.

The economy grew at a surprising pace of 5.4 per cent in the second quarter, blowing away economists’ expectations and potentially giving rise to a feel-good factor ahead of the general election.

But the good news is not expected to last, as the global outlook is likely to affect Malaysian exports.

Malaysia’s surprisingly strong second-quarter economic growth despite weakening exports was largely due to the buffer of ongoing construction projects and increased spending attributed to civil servant salary hikes and government cash handouts, say economists, which could point to uneven growth in the months ahead.

This means many ordinary Malaysians are not feeling the positive effects of economic growth, making the second BR1M handouts necessary to continue maintaining any economic momentum.

A number of international ratings agencies also say that Malaysia has yet to present a convincing plan to tackle the twin fiscal threats of its federal budget deficit and federal debt even though strains on its credit profile are increasing.

The ratio of federal government debt to GDP reached 51.8 per cent at end-2011 despite strong GDP growth but barring a further deterioration in the global economy, the government should be able to meet its 2012 deficit target of 4.7 per cent of GDP.

The opposition Pakatan Rakyat (PR) has criticised the Najib administration for what it says is vote buying by the BN government through public spending in the form of various handouts such as the BR1M.

Anwar bagai dikejar Abu Lahab

TIADA yang paling banyak diganggu politiknya akhir-akhir ini selain dari Datuk Seri Anwar Ibrahim.
Dia dibaling batu dalam ceramah, baling kasut semasa member tazkirah di masjid dan bas khasnya kempen menjelajah sudah beberapa kali disembur cat merah.

Ia antara serangan fizikal terhadapnya selepas dibalun separuh mati oleh Ketua Polis Negara selepas dia dipecat dari Timbalan Perdana Menteri dulu.

Serangan fitnah terhadap saksiahnya dari liwat sampai jadi alat Yahudi tidak dapat dikira lagi.

D.R.Seenivasagam, pengasas PPP yang UMNO benci dulu dan Kit Siang yang dikatakan dibenci orang  Melayu pun tidak menghadapi gangguan seteruk Anwar.

Apalah nasibnya?

Melihat kepada bertubi-tubinya gangguan itu, mengingatkan saya kepada Rasulullah SAW sepanjang kempennya membawa Islam di Mekah dulu.

Sejak baginda mengumumkan kepada kumpulan keluarga dan kerabatnya di Bukit Safa bahawa baginda adalah Rasul utusan Allah yang terakkhir, setiap kegiatan dakwahnya diikut dan diganggu oleh Abu Lahab, bapa saudaranya yang pernah mengadakan kenduri menyambut kelahiran baginda.

Baginda dihardik dengan kalimah ‘celaka’ oleh Abu  Lahab. Tiadalah yang paling berat selalin dari tohmah itu. Banyak masa dan harta kekayaan Abu Lahab dihabiskan untuk menghalang baginda.

Juteru kedurjanaannya itu Abu Lahab dikira lambang lahak penentang dan penggangguk Rasulullah SAW.

Saya tidak hendak menyamakan Anwar dengan Rasulullah SAW. Tapi dikenangkan banyaknya gangguan terhadap gerakannya, dekat banyaknya gangguan Abu Lahab terhadap baginda.

Cuma dapat disebut semua bentuk gangguan terhadap perjuangan suci di mana-mana di dunia dan bila-bila saja adalah mewarisi angkara kedurjanaan si Abu Lahab bedebah itu. Baik ia terjadi jarang-jarang atau bertubi-tubi ia adalah perangai jahat Abu Lahab.

Kempen perubahan yang dikepalai bersama Anwar, Ustaz Nik Aziz, Ustaz Abdul Hadi Awang dan  Lim Kit Siang adalah pejuangan suci bagi menegakkan keadilan, kebebasan dari sebarang penindasan dan menuntut pentadbiran yang bersih.

Sekalipun perjuangan bersama PAS, PKR dan DAP melalui Pakatan Rakyat itu adalah campuran beberapa kebebasan, tetapi ia mencakup semua kemahuan sejagat. Bagi PKR yang didepankan keadilan dan anti penyelewangan, bagi DAP demokrasi yang sempurnam anti rasuah dan pentadbiran yang baik dan saksama, manakala PAS kebebasan aqidah dan berkebajikan, tetapi semuanya adalah dalam satu dan suci.

Jika dalam gerakan saki baki kotor Abu Lahab itu baginda berarak beratus batu dari Madinah bagi fathul Mekah secara  aman tanpa pertumpahan darah, maka rakyat sekarang – dari Kedah dan Perak di ssebelah utara, dari Kelantan, Terengganu  dan Pahang di timur,  dari Johor  dan Melaka di selatan dan Selat Melaka di barat, semua  sedang berada di lebuhraya menuju fathul Putrajaya.

Keika perubahan sudah berada di ambang semua pintu gerbang Putrajaya inilah gejala gangguan Abu  Lahab dilihat menjadi-jadi.

Betapa besar dan berat ujian yang dihadapi baginda Rasulullah untuk membebaskan Mekah, maka tidak pula sikit dan ringannya ujian yang dilalui Anwar dalam pembebasan Putrajaya bersama-sama rakan-rakannya.

Bukan senang membebaskan Putrajaya untuk semua dan yang dinamakan perjuangan itu tentulah banyak ujian. Moga-moga semua ujian itu tidak menyekat.

Barisan Nasional election slogan-turned Merdeka/Malaysia Day theme “Janji Ditepati” never more violated in the 17 days between 55th Merdeka Day and 49th Malaysia Day

The Barisan Nasional election slogan-turned Merdeka/Malaysia Day theme “Janji Ditepati” has never been more violated in the 17 days between the 55th Merdeka Day on 31st August and the 49th Malaysia Day on September 16.

Let me just refer to three BN violations of “Janji Ditepati” in these 17 days:

1. Royal Commission of Inquiry into Illegal Immigrants (RCIII) in Sabah

I confess my deep disappointment that the Prime Minister, Datuk Seri Najib Razak did not at least take the opportunity of the 49th Malaysia Day on September 16 to announce that the Royal Commission of Inquiry into Illegal Immigrants (RCIII) in Sabah has started work.

Najib had said on August 11 that the RCIII would be given six months to complete its investigation and report, and that the six-month period would take effect beginning from the date the instrument of appointments were issued to the RCIII chairman and members.

More than five weeks have passed since Najib’s announcement on August 11 but there has only been stunning silence and void about the RCIII, as there are no signs that the RCIII chairman and members have been officially appointed to enable the RCIII to start its six-month work to address the decades-old problem in Sabah and Malaysia.

There can be no devastating violation of “Janji Ditepati” and Najib’s own Prime Ministerial slogan of “People First, Performance Now” than the ridiculous and scandalous situation where the RCIII is not yet operational more than seven months after the Cabinet decision on Feb. 8 to set it up and more than five weeks after Najib’s announcement of its terms of reference and membership on August 11.

2. Najib’s signature slogan of 1Malaysia

Twice during this 17-day period, Najib violated his own signature policy of 1Malaysia which is “to make Malaysia ….a greater nation: a nation where, it is hoped, every Malaysian perceives himself or herself as Malaysian first, and by race, religion, geographical region or socio-economic background second and where the principles of 1Malaysia are woven into the economic, political and social fabric of society”.

The first time Najib violated the 1Malaysia “Janji Ditepati” was when he failed to conduct himself as Prime Minister for all Malaysians and instead made the divisive call to Malaysians to “defend independence” against Pakatan Rakyat in his closing speech at the “Merdeka 55: Janji Ditepati” gathering at the Bukit Jalil National Stadium on 31st August.

The second time Najib violated “Janji Ditepati” was on Malaysia Day eve, where Najib made an inflammatory and divisive speech on Malay survival and UMNO’s position as backbone of the BN, totally contradictory to his 1Malaysia policy of wanting Malaysians to be “Malaysian first and race, religion or region second”.

3. Malaysia as world’s best democracy

Najib wants Malaysia to become the world’s best democracy – but the BN government is the source of the most instances of violation of “Janji Ditepati”, as illustrated by the double standards applied by the BN government, which took tough action against “mooning” by a youth on August 30 and stomping on pictures of the Prime Minister but saw nothing wrong in similar deplorable conduct against Pakatan Rakyat leaders like Datuk Seri Anwar Ibrahim, Penang Chief Minister Lim Guan Eng, and PAS Mentri Besar Datuk Nik Mat Nik Aziz and civil society leaders like Bersih Co-Chairman Datuk S. Ambiga whether perpetrated by UMNO or UMNO-sponsored activists.

Aggravating such double-standards is the shocking statement by the Home Minister, Datuk Seri Hishammuddin Hussein just two days before Malaysia Day that there will be no guarantee of security for PKR’s nationwide Merdeka Rakyat tour in the face of rising political gangsterism, crime and violence perpetrated by UMNO elements.

Is Najib prepared to conduct a public review of the many violations of the BN election slogan-turned Merdeka/Malaysia Day “Janji Ditepati” theme?

‘Jawi has right to seize books’

The Sun Daily (Used by permission)
by PAULINE WONG

PETALING JAYA: The Federal Territory Islamic Religious Department (Jawi) can seize controversial books on Islam even without the Home Ministry having banned such books.

Minister Datuk Seri Hishammuddin Hussein said this in an affidavit, which he filed in reply to the judicial review application by Borders Bookstores challenging Jawi’s seizure of Allah, Love and Liberty by Canadian author Irshad Manji. 

Hishammuddin, in his Sept 5 affidavit, stated that although there was no prohibition order on the day the book was confiscated, Jawi was empowered to do so as the book contravened Section 13 of the Syariah Criminal Offences (Federal Territories) Act 1997.

“Therefore, the ministry need not inform Borders about the prohibition of the said book if Jawi intends to act based on the provisions of the abovementioned laws,” he said.

Jawi officials had raided and searched two Borders stores in Midvalley The Gardens and Bangsar Village 2 on May 23 and 24 for copies of the book. However, prior to the search, there was no ruling issued by Jawi on the book nor was there any notification, announcement or declaration that Jawi objected to the book. 

Berjaya Books Sdn Bhd, which owns Borders in Malaysia, on June 18 applied for a judicial review.  

Borders is also challenging Jawi’s actions against its staff Nik Raina Nik Aziz, who is charged under Section 13 (1) of the Syariah Criminal Offences Act (Federal Territories) 1997.

In the Sept 5 judicial review hearing before Justice Rohana Yusof, Jawi had admitted that there was no fatwa issued at the time of the raid. 

When contacted, lead counsel for Borders, Rosli Dahlan, said the implication of Hishammuddin’s affidavit seems to be that the minister is trying to help Jawi.

“Our case has been that there was no ban and no fatwa when the books were seized. Jawi has not been able to answer our questions on the fatwa.

“But now, two and a half months later, Hishammuddin is saying that Jawi does not need a ban from the ministry before it takes action,” he told theSun.

Rosli said there should be a harmonious interpretation of the two laws involved – the PPPA and the Syariah Offences Act. 

“The gazette (under PPPA) should be followed by enforcement under the Syariah Offences Act. Otherwise, enforcement action (by Jawi) would be premature,” he said. 

Bar Council president Lim Chee Wee said if indeed Jawi can seize controversial books without the ministry having banned such books, it begs the question of what happens if the book is in possession of a nonMuslim.

“The Syariah Criminal Offences (Federal Territories) Act 1997 states that it applies only to Federal Territories and to persons professing the religion of Islam,” he said. He claimed Jawi clearly did not have the authority to seize the book.

‘Nonsense’ to set rapists free

Malay Mail (Used by permission)
by Meena Lakshana

A PERSON convicted of statutory rape would not have been able to walk out of the court room in the United Kingdom with a bound-over sentence. 

Anesta Weekes, QC, told The Malay Mail yesterday court guidelines on sentencing for sexual offences, drawn by the Sentencing Council for England and Wales, stipulate an immediate prison sentence for individuals convicted of rape.

“I have never imposed a bound over, which means they (the convicted individuals) walk out of the court room, because the guidelines indicate it should be an immediate prison sentence,” she said.

In an immediate response, former chief justice Tun Zaki Azmi said the two statutory rape cases, whereby a national bowler and electrician were given bound-over sentences despite being convicted of rape, were only “exceptions” and should not serve as precendents.

“These particular cases are exceptional. It cannot be used as a precedent for future cases,” he said.

Weekes serves as a part-time judge in the UK and deals with cases involving serious sexual offences, which includes rape.

She also said that there were no cases in the UK where the consent of a minor had influenced a judge’s sentencing in recent times, saying the point of having laws in place was to protect minors.

“It simply makes our law nonsense if that was done. I cannot imagine a case in the UK in which a judge would comment that he was imposing a lenient sentence because the minor consented,” she said.

“They (minors) can’t give consent at that age so I would have been criticised if I made that comment and it would be treated extremely seriously.

“It would go to our Chief Justice and I think the Chief Justice would want me to give an explanation if I gave a bind over to somebody who was convicted of raping a 12-year-old and if I added that the man was allowed not to go to prison because there was consent.”

She said cases involving serious sexual offences such as rape were dealt with very seriously in the UK where judges and prosecution lawyers are trained to handle such cases.

“You have to go for special training courses before you are allowed to sit as a judge in cases involving serious sexual offences,” she said.

“You learn about statutes, statutes on how to treat vulnerable witnesses in a courtroom.”

Weekes said women and young children were allowed to give evidence from a room connected to the court room by video-link if the judge felt it was appropriate.

“The judge needs to give that warning (to the jury) that this is the court wanting to get the best evidence out of the witness and it has nothing to do with whether or not the accused is guilty,” she said.

However, Weekes said major changes to the way in which sexual cases were dealt with in the UK were implemented several years ago following criticism from women’s groups that “the sentences were far too lenient and it gave the message that the judiciary were not treating it seriously”.

“The sentence range for rape was altered and, secondly, and perhaps more recently, we have a sentencing council guidelines on all offences and includes serious sexual offences,” she said.

“Also, judges are now allowed to say to a jury that they must be careful about the perceptions of men and women involved in rape.”

Weekes said this included a warning from a judge that not all women lied about rape when there had been a delay in reporting such an allegation, and post-traumatic stress often affected the victims and they may not remember exactly what happened.

“Women and children are often reluctant to tell the police that they have been raped, so there is a delay in coming forward to make the allegation but the delay does not equal that they didn’t have a serious and truthful allegation to make,” she said.

Zaki said that ordinarily, a rapist deserved the heaviest sentence.

“If you study all the past rape cases, they get at least 10 years and whipping, which is not even passed in England (I believe so, because they say whipping is barbaric),” he said in an SMS to The Malay Mail.

Bar Council president Lim Chee Wee said the establishment of a sentencing council in Malaysia would greatly promote consistency of sentencing as judges would have guidelines to decide on the appropriate sentence to reflect the degree of the crime committed.

“Consistency and proportionality of sentencing are the two most difficult aspects of sentencing and as both history and recent events demonstrate, these policies are often not upheld and the inconsistencies are prevalent,” he said.

“The sentencing guidelines for individual offences set out sentence ranges reflecting different levels of seriousness and within each range, a starting point for the sentence.”

Suara Pakatan Rakyat Fake Website Or Serious Opposition Mouthpiece?

KOTA KINABALU, Sept 19 (Bernama) -- Parti Bersatu Sabah (PBS) has urged Malaysians in Sabah to look at the website http://suarapakatanrakyat.com/ postings since August 2011 to judge for themselves whether Suara Pakatan Rakyat is a fake website or a serious opposition mouthpiece created specifically to discredit Barisan Nasional (BN) in a systematic manner.

PBS has described the opposition's denial and calls for evidence to link the blog to Parti Keadilan Rakyat (PKR) as a desperate attempt to distance itself from the controversial but popular pro-opposition blog.

PBS assistant secretary-general Daniel Kinsik said the PBS police report and subsequent statement (over an article) did not point finger specifically at PKR, but rather the blog and the blogger whose writings were obviously pro-opposition and critical of BN.

PKR Sabah deputy secretary-general Darrel Leiking had earlier challenged PBS secretary-general Datuk Henrynus Amin to produce evidence to link PKR to the blog.

"What evidence is Darrel talking about when the PBS police report simply urged the police to investigate the seditious nature of the article," said Daniel in a statement, here, Wednesday.

Malaysia, China Sign Protocol Of Entry Of Bird's Nests

By Niam Seet Wei

NANNING, Sept 20 (Bernama) -- Malaysia and China has signed the protocol of entry of bird's nests into China which entails examination, quarantine and hygiene.

Agriculture and Agro-based Industry Minister Datuk Seri Noh Omar signed the protocol on behalf of Malaysia while China was represented by its Quality Supervision, Inspection and Quarantine Minister, Zhi Shuping at the signing ceremony here Wednesday.

Present were Agriculture and Agro-based Industry Ministry secretary-general Datuk Mohd Hashim Abdullah, Veterinary Services Department director-general Datuk Dr Abd Aziz Jamaluddin, and 63 members of 45 swiftlet farming associations.

Following an outcry from Malaysian swiftlet farmers, the Chinese government decided to set aside the mandatory use of radio frequency identification device (RFID) tags on bird's nests exported by Malaysia from the protocol on Sept 14.

This paved the way for the signing ceremony.

Overseas Malaysians still unable to vote

Malaysians residing abroad are still unable to register as overseas postal voters.

Relatives of mine on a work contract abroad have tried in vain to register as overseas postal voters at the nearest Malaysian embassy. (They are already registered voters in Malaysia.)

They wrote to the embassy but eventually received a reply stating that only government servants and students working/studying abroad are eligible to vote by post at the embassy. Other Malaysians have to return to Malaysia to vote, the embassy said.

That’s a large number of Malaysians disenfranchised, as things stand. This is so unlike many countries that allow their overseas nationals to vote from abroad as a matter of course.

Waytha files report over travel ban

Hindraf chairman P Waythamoorthy named the home minister, IGP and immigration director-general in his report.


PETALING JAYA: True to his word, Hindraf Makkal Sakthi chairman P Waythamoorthy lodged a police report on a travel ban imposed against him by the Home Ministry.

The Hindraf supremo named Home Minister Hishammuddin Hussein, Inspector-General of Police Ismail Omar and Immigration director-general Alias Ahmad in the report filed at the Travers police station.

“I have been denied my right to travel out of the country by the trio. I urge the police to investigate this serious allegation by them that I’m a national security threat,” he said.

Yesterday, the lawyer-activist was prohibited from travelling out of the country at the Low Cost Carrier Terminal (LCCT) in Sepang on grounds of “national security”.

He was due to fly to Manila for a two-day business trip at 6.30pm yesterday.

Alias, when contacted, said that the travel ban was imposed due to a directive given by the police back in November 2007.

Waythamoorthy challenged the police to arrest and charge him in court if the authorities had evidence to prove that he was a security threat to the country.

“This is a serious infringement of my liberty to travel and worse, I am deemed a national security threat. I have been made a prisoner within my own country,” he said.