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Monday, 13 July 2009

Muhyiddin important announcement in Manek Urai

KMM: The Young Malay Union (1938) : part 1

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Mustapha Hussain: Malay Nationalism Before UMNO

THE MEMOIRS OF MUSTAPHA HUSSAIN, 1910-1957

Even sadder, Malays could not count on the educated Malays to fight their case as most members of the new Malay elite had become Westernised. Thus, lower rung Malays were helpless to defend their lost rights and could do little to halt the economic onslaught by others.

NO HOLDS BARRED

Raja Petra Kamarudin

KMM, or the Young Malay Union, was founded by a group of radical left nationalists in their late twenties. Influenced by world events and by political events in Turkey in particular, they desired a political body similar to the Young Turks. The word ‘young’ did not preclude acceptance of members of any age group so long as they were “young in spirit.”

KMM wished to enter the arena of local politics as the saviour of nusa dan bangsa (country and people) before the axe of destruction could annihilate them. Homeland Tanah Melayu (The Malay Land), with Malays as its rightful owners, has already been renamed Malaya by the British, with ‘Malayan’ nationals about to inherit what Allah had bestowed on the Malays.

These young nationalists despised every form of colonial oppression. The British, initially accepted as protectors and peacekeepers, had become unbridled oppressors, like other European colonisers. Through their Residential System, policies were subtly introduced from London without giving the Malay Rulers much voice.

One bone of contention was the British policy of allowing tens of thousands of ‘others’ into Malaya. To administer Malaya, the British colonialists brought in educated foreigners from Ceylon, India and Hong Kong to help them exploit Malaya’s economic wealth. They also introduced uneducated workers from China and India. To maintain security, they imported troops from India and Burma. Why did the British not employ more Malays in both government and private sectors? Given a chance, they too would have proven progressive and capable! British excuses that Malays were unqualified and lazy did not hold water.

On top of that, British educational policies were not formulated to guide Malays towards better employment. In the 1930s, Malays only numbered 16 per cent of students in English schools in the Federated Malay States. Malays were, in effect, merely ‘educated’ to become traditional farmers and fishermen whose lives would just be a fraction better than their parents’.

Let me quote a British officer’s statement in the 1920s: “The aim of the Government is not to turn out a few well educated youths, nor a number of less educated boys: rather, it is to improve the bulk of the people, and to make the son of a fisherman or peasant a more intelligent fisherman or peasant than his father had been and a man whose education will enable him to understand how his lot in life fits in with the scheme of life around him.”

The Malays lagged behind in all fields, yet socio-economic policies introduced by the British were not designed to touch Malay lives, especially ‘lower rung’ Malays. They were left to carry on with their traditional lifestyles. No efforts were undertaken to improve the Malay peasants’ miserable standard of living.

We, the “progressive youths”, were fully aware that the British could not be depended upon to upgrade our socio-economic status. In fact, the British were quickly learning to evade the issue of Malay pre-eminence (Ketuanan Melayu).

We felt that if Malays united under the KMM, we could act to assert our rights. KMM could not only ensure peace, prosperity and security in the country, but at the same time, uphold Malay pre eminence and birthrights. In short, KMM would be the saviour of the Malays in their homeland.

The Malays had begun to be suspicious of Chinese immigrants from February 1931 when Penang Consultative Council Member Lim Cheng Ean boldly challenged, “Who says Malaya belongs to the Malays?” The Malay press answered this challenge vociferously, while individuals responded by forming Malay associations in Perak, Selangor and Pahang.

The Malays were, however, less alarmed by the presence of the Indians and the Ceylonese. These two nationalities were only seen as ‘birds of passage’, unlike Chinese immigrants who had become interested in staying on permanently.

Nevertheless, these two races were still looked upon negatively as ‘robbers’ of employment, in both Government Departments and estates. It was Malay labourers who cleared thick jungles to plant rubber seedlings in British estates, but when it was time to tap them, Indian labourers were brought in, replacing Malays.

In the Malayan Railways, positions – right from the highest position of Station Master to the lowest position of Porter -- were monopolised by Indians. Datuk Undang Rembau tried to remedy this social malady, but his efforts died with him.

Even sadder, Malays could not count on the educated Malays to fight their case as most members of the new Malay elite had become Westernised. Thus, lower rung Malays were helpless to defend their lost rights and could do little to halt the economic onslaught by others.

Leftist Malays with KMM hoped to unite the entire Malay population in ‘passive resistance’ similar to Gandhi’s, or, should KMM receive support from student bodies, move in ‘active resistance’ like Burma’s Thakin.

With such noble intentions and aspirations, KMM was founded in April 1938 at a meeting held at the home of Hassan Haji Manan along Jalan Pasar in Kuala Lumpur, the capital of the Federated Malay States. The KMM’s formation was one of the earliest organised efforts by Malays to disseminate political ideas.

The founding members of the KMM included Ibrahim Yaakub (a Malay school teacher turned journalist) from Kerdau, Pahang; Mustapha Hussain (a lecturer at the School of Agriculture of Malaya in Serdang, Selangor) from Matang, Perak; Hassan Haji Manan (a Malay school teacher) from Selangor; Abdul Karim Rashid (a Malay school teacher) from Selangor; Onan Haji Siraj (a Technical School certificate holder) from Ipoh, Perak; Othman Mohd. Noor or M.N. Othman (a Sentul, Kuala Lumpur, Central Workshop clerk) from Tapah Road, Perak; Sulung bin Chik (a Technical School certificate holder and Subordinate Officer in the Railways Department) from Pahang; Bahar bin Abik (a Subordinate Officer at the Government Printers, Kuala Lumpur) from Kuala Lumpur; Idris bin Hakim (a clerk in the Customs Office, Brickfields, Kuala Lumpur) from Kampar, Perak; Abdullah Kamil (a journalist) from Kuala Lumpur; Abdul Samad Ahmad (a journalist) from Selangor; Mohamad Salehuddin (a journalist) from Kuala Lumpur and Ishak Haji Muhammad (Pak Sako; a magistrate turned journalist) from Pahang. Most of these active members were Malay educated, but a few had attended English schools.

Ibrahim Yaakub was elected President, proposed by Hassan Haji Manan and seconded by Abdul Karim Rashid. I was made Vice President, proposed by Sulung bin Chik and seconded by Bahar bin Abik. The Working Committee members were:

Secretary I: Hassan Haji Manan
Secretary II: Othman Mohd. Noor (M.N. Othman)
Treasurer: Idris Hakim
The other Central Committee members included:
Abdul Karim Rashid
Bahar bin Abik
Sulung bin Chik Onan Haji Siraj
Ishak Haji Muhammad (Pak Sako)
Abdul Samad Ahmad
Abdullah Kamil
I would like to add that the two big names in Malay left politics after World War II, Ahmad Boestamam and Dr Burhanuddin Al Helmi, were not KMM founder members. Ahmad Boestamam only joined KMM just a few months before World War II broke out.

KMM policies were not in line with the Perak, Selangor and Pahang Malay Associations, which were pro colonial and provincial in outlook. KMM was absolutely anti colonial and fiercely determined to free the ‘Malay Land’ from the British grip. The British Government would be pressured to listen to the Malays and a democratic system of government had to supplant the colonists.

As Malaya’s first political organisation, its leaders were proud to be the first to use the magic word, Merdeka. Appropriately, KMM had a secret meaning, Kesatuan Malaya Merdeka, or Independent Malaya Union, known only to the KMM’s inner circle, consisting of just a few members.

Later, in January 1942, this secret meaning shocked Japanese officers when I (as KMM Vice President) and other KMM members (Onan Haji Siraj, M. N. Othman, Hamzah Alang, Abdul Rahman Tambi, Mohd. Isa Sulaiman, Datuk Wan Daud Ahmad, Saidi Hashim, Kiman, Mohd. Mustafa Ali, Abdul Kadir Adabi, Hashim bin Mat Dali, Naning, Zainal Abidin bin Kassim, Haniff bin Sulaiman) demanded the Japanese commanders proclaim Malaya’s Independence after revealing that KMM’s secret aspiration was Independence. The story of this demand will follow in a later chapter.

Police Force Commission backs extension for IGP

KUALA LUMPUR, July 13 — The Police Force Commission, which is constitutionally responsible for the appointment and emplacement of members of the police force, has backed a second extension of the service of Tan Sri Musa Hassan as the country’s Inspector-General of Police.

The Malaysian Insider understands that the commission, whose members include top current and retired civil servants and the home minister, wants Musa to remain the country’s top cop when his current contract expires in September.

Prime Minister Datuk Seri Najib Razak has still not given his nod yet, however, and is expected to have discussions soon with Home Minister Datuk Seri Hishammuddin Hussein and other stakeholders soon.

So far it is understood that there is a strong sentiment within the administration for Musa’s term to be extended.

Another extension of Musa’s service is expected to draw political controversy.

Over the weekend, the DAP’s Lim Kit Siang urged the home minister not to renew Musa’s contract as the crime rate continues to soar.

Another extension of Musa’s service is expected to draw political controversy. — Reuters pic

According to statistics provided by the veteran parliamentarian, there were 150,000 cases of crime in 2004. This figure ballooned to over 200,000 in both 2007 and 2008 despite Parliament tripling funds allocated to the police under the Ninth Malaysia Plan to RM8 billion.

Lim said that this shows the failure of the Musa to stem the tide of rising crime cases despite an increase in resources.

Musa had reached retirement age two years ago and received a two-year extension of his term.

The original extension was also controversial as it came about after Attorney-General Tan Sri Gani Patail ordered the then Anti-Corruption Agency (ACA) to close investigations on graft accusations against Musa for allegedly being involved in the release of members of illegal betting syndicates.

Musa was also accused last year by Opposition Leader Datuk Seri Anwar Ibrahim of being involved in a plot to fabricate evidence during the 1998 investigation of the former deputy prime minister’s black eye beating case.

Datuk Mat Zain Ibrahim, the police officer who investigated the black-eye beating in 1998, has also accused Gani and Musa of fabricating evidence in the assault.

Mat Zain’s accusations, contained in a sworn affidavit, have been submitted as evidence in Anwar’s current Sodomy II trial.

Anwar is likely to use the alleged evidence of a previous conspiracy by Gani and Musa against him to back his claims that the current sodomy convict ion is politically motivated.

The exposure in court of such allegations would be damaging to the authorities who are keen on showing impartiality in the prosecution.

It is unclear if the prime minister will take these factors into consideration when he considers whether to give his nod to Musa’s extension.

Musa was first appointed to the post on Sept 12, 2006, succeeding Tan Sri Mohd Bakri Omar.

Musa, a law graduate, joined the service as an inspector on Nov 11, 1969.

Since then, he has held several important posts including as Malacca prosecuting officer in 1973, Bukit Aman Narcotics Division director in 1981 and Kuala Kubu Baru Police College lecturer in 1986.

Musa held the post of Bukit Aman prosecution/criminal law deputy assistant director in 1995 and Johor Chief Police Officer in 2003.

In 1999, he headed the team which investigated the first Anwar sodomy case.

In 2004, he was appointed Criminal Investigation Department director before being made Deputy Inspector-General of Police a year later and then as the Inspector-General of Police the following year.

Buah Pala folks above politics

By SV Singam

The land now called Kampung Buah Pala was occupied by settlers for more than 200 years. Some 150 years ago, David Brown, who then owned the coconut plantation there, gave the land to the settlers for them to continue their farming activity.

A written document exists to prove this. After Brown had returned to Britain, the state government took over the land and proceeded to collect annual temporary occupation licence (TOL) rent from the villagers.

In 1999, the villagers applied for the land to be gazetted as heritage land but the then BN government dragged its feet over the matter and failed (or refused) to take any firm action.

I have no idea how many people were privy to the fact that a developer called Nusmetro Ventures had a plan to develop condominiums on the land occupied by Kampung Buah Pala.

I have no idea as well when the project was launched but I do know that as early as December 2007, even before any land transfer had taken place, prospective buyers were already discussing the launching price and putting down deposits.

In retrospect, it appears that the BN government had no intention of gazetting Kampung Buah Pala as heritage land. Instead, the land was to be sold to a developer to build the condominium project. In the process, BN cronies, including senior state government servants, were to make fat profits.

At the time of campaigning for the general election last year, residents of Kampung Buah Pala claimed that they highlighted their problem to the Pakatan Rakyat candidates who promised to solve the problem if they won the elections.

I have not seen any recorded evidence of the Pakatan Rakyat candidates making that promise but I find it quite believable simply because at that time the DAP did not expect to win outright.

After the Pakatan took over the state government, the plotters behind the scheme had a problem. People within the government administration would lose the lucrative profit they were expecting to make. The crony developer would lose a lot of money already spent on launching the project. Buyers of the condo units would only get partial refunds because lawyers' fees and so on would not be returned.

They would stand to lose lots of money. It was a real mess that the plotters had to clear up, which they did.

Three weeks after Pakatan took control of Penang, the Kampung Buah Pala land was quietly transferred to the Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang for them to sell to Nusmetro Ventures, right under Chief Minister Lim Guan Eng's nose.

The initial transfer of the land and the subsequent sale of it took place after the Pakatan government had come into power. They could have stopped it if they had wanted to but had it been stopped, they would have to face the wrath of the buyers of the condos.

On the other hand, if the project went through, only the Kampung Buah Pala residents would be affected.

I suspect this is why the state government closed its eyes until it was too late.

The chief minister is now claiming that the developer had offered a compensation of RM200,000 per residence which the settlers had rejected. The truth is the compensation offered was only RM90,000 and this was accepted by only six of the 41 families living there.

The others rejected the offer not because the money was not enough but because they wanted to stay on the land that had been settled on by their ancestors. They needed the land so that they could continue with their livelihood of rearing cows and goats.

The chief minister has the power to acquire the land. Of course he has to compensate the buyer but his claim that he had to pay RM200 per sq ft is ridiculous.

The land acquisition was done under suspect circumstances. The buyer only has to be paid a nominal sum above the purchase price but no one really seems to know what the actual payout would amount to.

What I can see is the unwillingness on the part of the state government to stop the project. I can understand why the chief minister fears to do that. The buyers of that project together with their relatives and friends would constitute a huge voter block. He cannot afford to antagonise them. He may not be corrupt, but he is a politician. He is in power on the votes of his supporters. He is surely beholden to them.

Everyone is lambasting Hindraf for their confrontational attitude. Well, don't forget that the reasonable negotiating attitude that had been adopted for some 10 years, all the way until that point had resulted in utter failure. If Hindraf had not acted as they did, Kampung Buah Pala would be reduced to rubble by now.

Hindraf has won one month for all parties to come out with a fair solution. Let us see if the Penang Pakatan government has what it takes to address this really difficult issue and fix it.

The Pakatan government may not be guilty of any corruption or illegal action but they are guilty of inaction, which has brought grief to the settlers. It is morally wrong to make it seem like the settlers are greedy and are demanding more compensation. All the settlers are asking for is to be left alone to do what they have been doing for more than 200 years.

The right and proper thing to do is to confiscate all profits made from this nefarious project and use that to compensate the affected parties equitably. If the Penang government is unable to do that for whatever reason, they have to do the next best thing in providing a suitable alternative location.

The settlers are not asking for fancy urban homes or money. They just want to be able to continue with their lives and livelihood. Is that too much to ask?

What I recommend is not impossible to do. It only requires a willingness on the part of the state government to prove that they are truly a people's government and not merely a taxpayer's government.

Exit Blog House, enter Rumah Anak Bangsa Malaysia

samposter_bSince January this year, a group of like-minded people who first hooked up through cyberspace and then met up in real time, have been working on the Saya Anak Bangsa Malaysia initiative.

The e-group that I promised you some time back is now up and running and whilst discussions my be slow, I’m confident that it will pick up once the participants warm up and overcome their initial shyness. If you’d like to get in on these discussions, send me an e-mail at thepeoplesparliament@gmail.com

The Saya Anak Bangsa Malaysia website, too, will soon be up and running.

And the last few months has also been spent scouting around for suitable premises to set up a Saya Anak Bangsa Malaysia secretariat.

Last Tuesday, in his ‘Goodbye, Blog House’ post, Rocky announced that Blog House in Bukit Damansara, where the first Saya Anak Bangsa Malaysia fellowship on 25th August, 2007 was held, was no more. He had handed over the keys to the landlord the day before.

I called Rocky the same day his post was put up. He gave me a contact number that ultimately put me in touch with the owner.

I’ll make a long story short.

The Saya Anak Bangsa Malaysia initiative now has a home. Yes, we’ve taken over the premises that Blog House once occupied.

The “Rumah Anak Bangsa Malaysia” signboard should go up sometime this week.

That will tell you how serious my friends and I are in taking the ‘One People, One Nation’ message far and wide.

This weekend, we are organising a consensus workshop.

There’s more in the pipeline.

Look out for announcements in the coming weeks and months.

Hishammuddin should explain why he is supporting the renewal of Musa Hassan as IGP who had led a losing war against crime despite trebling of police a

By Lim Kit Siang,

In his Hundred Day address yesterday, the Prime Minister Datuk Seri Najib Razak identified six key areas for his administration to focus on, viz: crime prevention, combating corruption, providing greater access to quality and affordable education, improving the quality of life for the poor, improving rural infrastructure and upgrading public transportation in the medium term.

It is shocking that after 100 days as Prime Minister, Najib as nothing whatsoever to say on two of the six key areas of his premiership, namely crime prevention and combating corruption, sending out the unmistakable message that they rate very low in his order of priorities and debunking the claim that they rank as the top two items of the six key areas for his administration to focus on.

Despite giving a “blank” message of what he intend to do about fighting crime, the Inspector-General of Police Musa Hassan could join in the paeans of praise for the new Prime Minister, as Musa is quoted by New Sunday Times today, saying:

“The police have done their best to tackle crime in the country and we will not let up in our efforts. From January until now, crime has been reduced by four per cent. What’s important is to address street crime such as snatch thefts and wayside robberies.”

This is a meaningless statement from the IGP, especially one who had fought a losing war against galloping crime in the past five years, with the national crime index of 156,315 cases in 2004 (which the Police Royal Commission had described as intolerably high which would only frighten off investors and deprive Malaysians of their fundamental rights to be free from crime and the fear of crime) to shoot through the 200,000 barrier in 2007 and 2008!

This is not the only reason why the country should have a new IGP and why Musa’s lobbying to get his term which expires in September to be renewed for another term should be denied.
Other important reasons why the country needs a new IGP to provide new leadership and vision towards creating a world-class police force are:

(i) Musa’s failure to fully implement 125 Police Royal Commission recommendations particularly to establish the Independent Police Complaints and Misconduct Commission (IPCMC) to create an efficient, incorruptible, professional world-class police force to keep crime low, eradicate corruption and uphold human rights

(ii) Parliament responded to Police Royal Commission Report and tripled police allocations in the Ninth Malaysia Plan to RM8 billion as compared to the previous five years under the Eighth Malaysia Plan – but Musa failed to deliver a world-class police service which could keep crime low, eradicate corruption and uphold human rights.

I understand that Musa’s effort to get his term as IGP renewed for another term after September has got the support of Hishammuddin.

The Home Minister, Datuk Seri Hishammuddin Hussein should explain why he is supporting the renewal of Musa Hassan as Inspector-General of Police (IGP) when the latter had led a losing war against crime despite the trebling of police allocations to RM8 billion in the Ninth Malaysia Plan as compared to the previous five years under the Eighth Malaysia Plan and why he is against the appointment of another top police officer to be the No.1 Policeman in the country.

(Speech 2 at the meeting of DAP State Secretaries, Organising and Publicity Secretaries at Crystal Crown Hotel, Petaling Jaya on Sunday, July 12, 2009)

Chaining The Children of the Poor

by M. Bakri Musa

The ancient Chinese bound the feet of their baby daughters so they would grow up with deformed tiny feet, thus limiting their mobility and participation in life outside the little world of their homes. These women would then be totally dependent on their men.

In rescinding the policy of teaching science and mathematics in English, the government is likewise binding the intellectual development of our children. They and future generations of Malaysians would grow up with warped intellect. They would then be totally dependent on the government, just as ancient Chinese women with tiny feet were on their men.

My friend and fellow commentator Azly Rahman has a more apt and colorful local metaphor; we are condemning future generations to the Pekan Rabu economy, capable only of selling pirated versions of Michael Jackson albums. That would be the extent of their entrepreneurial prowess and creative flair. They are only subsistence entrepreneurs and ‘copy cat’ creators.

Make no mistake about it. The government’s professed concerns for the poor and those from rural areas notwithstanding, reversing the current policy would adversely and disproportionately impact them. The rich and those in the cities have a ready escape; the rich through private English classes, urban children from the already high levels of English in their community.

The most disadvantaged will be the poor kampong kids. That means Malay children. Thus we have the supreme irony if not perversity of the champions of Ketuanan Melayu actively pursuing a policy that would ensure Malay children be perpetually trapped economically and intellectually. I thank Allah that I grew up at a time when the likes of Muhyyuddin were not in charge of our education system. Otherwise I would have been trapped in my kampong.

The idiocy of the new move is best illustrated by this one startling example. In 2012 when the new plan will be implemented, students in Form IV will be taught science and mathematics in Malay, after learning the two subjects in English for the past nine years. Then two years later when they will be entering Sixth Form or the Matriculation stream, they will again have to revert to English.

Pupils in the vernacular schools would have it worse. They would learn the two subjects in their mother tongue during their primary school years, then switch to Malay for the next five while in secondary school, and then switch again, this time to English, in Sixth Form and university!

Had these policymakers done their homework and diligent downstream analysis, such idiocies would not crop up. Then again this is what we would expect from our civil servants. They have been brought up with their minds bound up; they cannot think. They have depended on others to do the thinking for them.

Najib Razak’s flip-flopping on this major national issue eerily reminds me of similar indecisiveness and lack of resolve of his immediate predecessor, Abdullah Badawi. No wonder he supports Najib in this policy shift. Najib should not take comfort in that, unless he expects a similar fate as Abdullah’s. Abdullah was kicked out by his party; with Najib, it would be the voters who would be kicking him out. Public sentiments are definitely against this policy switch.

Failure of Policy Versus Failure of Implementation

The cabinet reversed course because it deemed the policy did not produce the desired results. However, in arriving at this pivotal decision the cabinet failed to address the fundamental question on whether the original policy was flawed or its implementation ineffective.

It just assumed the policy to be flawed. Muhyyuddin and his senior officers relied heavily on the 2005 UNESCO Report which suggests that “‘mother tongue first’ bilingual education” may (my emphasis) be the solution to the dilemma of members of minority linguistic groups in acquiring knowledge.

Muhyyuddin and his advisers seriously misread the Report. It was concerned primarily with the dilemma at the societal level of members of a linguistic minority having to learn the language of the majority (“national language”) versus the need to maintain linguistic diversity generally and minority languages specifically. UNESCO was rightly concerned with the rapid disappearance of languages spoken by small minority groups. The report was not addressing specifically the learning of science and mathematics.

Malay language is not at risk of disappearing; it is the native tongue of literally hundreds of millions. To extrapolate the UNESCO recommendations for Malay language is a gross oversimplification and misreading of the report.

The UNESCO Report does not address the issue of when and how best to introduce children to bilingual education. Later studies that focused specifically on the pedagogical and psychological aspects instead of the sociological and political have shown that children are quite capable of learning multiple languages at the same time. Even more remarkable is that the earlier they are exposed to a second language the more facile they would be with that language. They would also learn that second language much faster; hence second language even at preschool.

The acquisition of bilingual ability at an early age confers other significant cognitive advantages. These have been documented by clinical studies with functional MRIs (imaging studies of the brain). Malaysia should learn from these more modern studies and the experiences of more advanced societies, not from the UNESCO studies of backward tribes of Asia.

The other basis for the cabinet’s decision was ‘research’ by local half-baked and politically-oriented pseudo academics. They should be embarrassed to append their names to such a sophomoric paper. The quality is such that it will never appear in reputable journals. As for the Ministry’s own internal ‘researchers,’ remember that they came out within months of the policy’s introduction in 2003 documenting the ‘impressive’ improvements in students’ achievements!

The one major entity that would be severely impacted by the cabinet’s decision is our universities. Yet our Vice-Chancellors have remained quiet and detached in this important national debate. They have not advised the cabinet nor lead the public discussions. Again that reflects the caliber of leadership of our major institutions.

Had the cabinet decided that the policy was essentially sound but that the flaws were with its implementations, then measures other than rescinding it would be the appropriate response. This would include recruiting and training more English-speaking teachers and devoting more hours to the subject.

What surprised me is that when Mahathir introduced the policy in 2003, he was supported by his cabinet that included Najib, Muhyyuddin, Hishamuddin, and over a dozen of current ministers who now collectively voted to reverse the policy. Likewise, the policy was fully endorsed too by UMNO’s Supreme Council then. Like the cabinet, many of those earlier members are still in that body today. Yet today the Council also voted to disband the policy. Muhyyuddin, Hishamuddin and the others have yet to share with us why they changed their minds. The conditions that prompted the introduction of the policy back then are still present today. This reversal will do not change that.

Najib, Muhyyuddin and Hishamuddin are “lallang leaders,” they bend with the slightest wind change. Unlike Margaret Thatcher’s famed resolve of “This lady is not for turning,” with Najib, Muhyyuddin, et al., all you have to do to make them undertake a U turn would be to blow slightly in their faces. Blow a bit harder and they would scoot off with their tails between their legs. These leaders will never lead us forward.

This reversal will not solve the widening achievement gap between urban and rural students. The cabinet has yet to put forth new ideas on ameliorating that problem. So, just as ancient Chinese women were physically handicapped because of their bound feet, rural or more specifically Malay children will continue to be intellectually handicapped by their warped and small minds, the consequence of this policy shift. Perhaps that is the real objective of this policy reversal, the shackling of the intellectual development of our young so they will forever be dependent on their ‘leaders.’

BN Shows Signs Of Revival: Hishammuddin

KUALA LUMPUR, July 12 (Bernama) -- Signs of Barisan Nasional (BN) revival in Kelantan are in the air with the renewed spirit shown by the people in the Manik Urai by-election campaign, said Umno vice-president Datuk Seri Hishammuddin Hussein.

"I had met the people of Manik Urai and it is clear that they want to see a BN revival in Kelantan.

"Manik Urai could be the starting point of the changes as the people are aware of PAS narrow politics that would take them nowhere," he said in a statement Sunday.

Hishammuddin, who is also Home Minister, said the people of Manik Urai were still lagging behind and their livelihood hardly changed under PAS.

"They want to lead a better life and have a secured future. This could be seen when the people of Manik Urai openly came out in droves to meet Umno leaders.

"This turn of event is further augmented by the friendly disposition of BN candidate Tuan Aziz Tuan Mat, who has his finger on the pulse of the people.

"And this is an important step towards the transformation of the future of the people of Kelantan," he added.

Hishammuddin said with the support and awareness of Manik Urai voters, the future of the people of Kelantan would be rest assured and BN would be with them in marching towards transformation.

While admitting the relative calm in the Manik Urai by-election campaign to the maturity of the people, he also attributed it to the role played by the police.

He commended the police for maintaining security and public order to ensure that there would be untoward incidents during the campaign and on polling day.

Najib's 100 days in office but he fails to address peoples issues!


At the gathering to mark his 100 days in office, PM Najib has announced a slew of " goodies" .

People like " goodies" and he can expect his approval ratings to go higher than the 65% achieved recently.

But if Najib wants to truly bring about changes, he has to implement more and real changes and not just populist measures or goodies.

For example, I did not see his promise that a Royal Commission of Inquiry will be set up into the PKFZ issue. Should the people be satisfied with just the release of the recent PKFZ Report?

Neither did he promise that he will permanently solve the highway toll rate problem. Should the people be happy with the discount announced? Is this all his government can do ?

There was no promise that his government will abolish draconian laws like the ISA, OSA and the Printing and Press Act.

There are many more promises which the PM has not addressed.

The " what he did not promise"list can go on but what is important is that the people who have voted for change in the last general election must be able to see what the PM did not promise rather than what he has promised.

The nation and the people definitely deserve more than the slew of goodies announced.

Tolak pengumuman olok - olok mansuh PPSMI 2012

By Chegubard,

Baru memasuki gerbang 100 hari sebagai Perdana Menteri, Datuk Seri Najib Tun Razak kelihatan masih dalam kepayahan bergelut dengan imej 'hitam' yang mencalar beliau.

Kemasukan semula Tun Dr. Mahathir ke dalam Umno selepas Najib memegang tampuk Perdana Menteri dan Presiden Umno tidak menjanjikan jalan selesa kepada Najib. Ini dibuktikan apabila Mahathir yang seharusnya mendokong Najib mula sudah tidak stabil dan mula menyerang 'manja' Najib. Sila klik sini untuk baca ; Mahathir- 100 Hari Najib, lebih banyak negatif

Kemudian respon Tun Dr. Mahathir kepada tindakan kerajaan Malaysia menasuhkan PPSMI 2012 pula mungkin sedikit menyukarkan Najib. Mahathir dengan jelas menyatakan kurang senang beliau terhadap tindakan pemansuhan PPSMI sehingga beliau membuat undian mengenai isu tersebut dalam blog peribadinya. Sila kklik tajuk untuk baca ; Saya sedih - Mahathir . Ada seorang anak muda Rembau, peminat Vespa (memiliki 4 Vespa) juga penuntut Kolej Risda, Melaka,yang hanya ingin dikenali sebagai Komeng, pernah berkata "Jika Mahathir ada maruah dia seharusnya keluar dari Umno semula"

Isu rasuah (pembelian senjata), isu Altantuya sudah cukup melemaskan Najib isu - isu ini makin semarak dan merimaskan apabila kehadiran Rosmah di sisi Najib lebih menyerlahkan imej negatif dan membebankan. Kesombongan Rosmah mengarahkan Universiti Malaya untuk menyerahkan kes conteng dinding (Rosmah Puaka) kepada Polis telah menyebabkan mood tersusun anti Rosmah terbentuk secara organik di kalangan Mahasiswa Lembah Kelang. Mood ini dijangka bakal melanda mahasiswa seluruh negara. Rosmah dilihat umpama Emelda Marcos yang cukup boros, tamak, sombong. Wajah mereka juga hampir mirip. Jika imej itu berjaya dikekalkan maka Najib mampu 'hancur' kerana Rosmah. Sebelum ini tidak pernah isteri PM menjadi bahan kritikan melampau. Seingat che'GuBard cuma Tun Hasmah yang pernah dikritik kerana kononya pakai rambut palsu itupun kritikan bentuk gurauan yang tak beri kesan terhadap undi.

Kehadiran Nazir Razak (yang menguasai CIMB) dilihat mampu melengkapkan imej calar Najib dengan beberapa tindakan beliau.

Kehadiran blog - blog anti Najib yang diusahakan oleh pihak dalam Umno juga dilihat menjadi ancaman kepada Najib. Menurut seorang teman pemimpin Umno (pertengahan) menyatakan kemungkinan untuk menolak Khairy atau penyokong kuatnya dari terlibat dengan kewujudan blog-blog anti Najib agak sukar kerana trend atau style blog tersebut sama seperti blog - blog yang bersungguh pro Khairy yang wujud bertebaran menjelang pemilihan beliau selaku Ketua Pemuda Umno.

Kembali semula kepada isu PPSMI. Kerajaan (Muhiyuddin) telah mengumumkan baru baru ini mengenai PPSMI yang akan dimansuhkan pada tahun 2012. Dalam kenyataan tersebut beliau turut mengakui bahawa PPSMI tidak pernah mencapai sasaran yang ditetapkan. Maknanya kenyataan Menteri Pelajaran sebelum ini mengenai kejayaan PPSMI adalah bohong. Secara tidak lansung Muhiyuddin mengatakan Hishamuddin membohongi rakyat.

Ramai pula yang menyambut kejayaan memansuhkan PPSMI ini.

che'GuBard ingin meminta semua pihak agar bertenang dan memikirkan beberapa fakta mengenai pengumuman mansuh PPSMI 2012 ini.

Pertama memang benar pengumuman pemansuhan ini adalah tindakan terdesak regim Bn kerana ingin meraih populariti setelah desakan rakyat yang meningkat dalam isu PPSMI ini. Ini juga membuktikan tekanan melalui himpunan jalanraya mempunyai kesan. (sila klik sini untuk lihat perhimpunan anti PPSMI 7 Mac 2009)

Untuk itu tidak ada alasan untuk semua yang anti undang undang zalim 'ISA' untuk tidak sama turun ke Kuala Lumpur 1 Ogos 2009 untuk sama berhimpun secara aman membantah kezaliman ISA. Jika benar berjaya mendapat lebih 100,000 rakyat turun membanjiri jalanraya Kuala Lumpur nescaya ISA mungkin akan dimansuhkan.

Kedua, PSSMI ingin dimansuhkan 2012, mengapa 2012 ?

Menurut Prof. Emeritus Abdullah Hassan, Institut Peradaban Melayu UPSI, beliau punya maklumat menyatakan perbelanjaan PPSMI bukan sekadar RM 4.5 billion sebaliknya menjangkau kepada RM 12 billion. wow !!

Setelah menggunakan sebegitu banyak tetapi baru sedar tidak berhasil ? Mengapa hendak diteruskan untuk sehingga 2012 berapa lagi wang rakyat akan terbazir untuk meneruskan 'agenda' gagal Dr. Mahathir ini...?

Adakah benar Dr. Mahathir marah kerana PPSMI hendak dimansuhkan...? Jawapanya tidak..?

Dr. Mahathir cuma marah sebab dengan pengumuman olok - olok PPSMI nak dimansukan 2012 imej atau ego beliau tercabar....lebih lebih lagi apabila manipulasi (permainan angka) pencapaian anak - anak sekolah di bawah PPSMI dibongkar Muhiyuddin dengan mengatakan PPSMI tak pernah capai sasaran.

Semua tahu PPSMI bukan kerana kesungguhan mengubah dasar sebaliknya alasan kuat mempertahankan PPSMI ialah kerana kontrak, projek dan jumlah wang yang tertanam dalam PPSMI itu. Maka tidak banyak pemimpin Umno berani bercakap menentang PPSMI kerana setiap pemimpin Umno akan ada pemodal dobelakangnya. Ketika pemodal sedang sedap menikmati wang dari PPSMI sudah tentu mulut pemimpin Umno tidak terbuka demi memastikan poket mereka terus terisi.

Semua juga tahu polisi atau dasar pendidikan negara sering berubah ubah. Contohnya semasa Anwar Ibrahim menjadi Menteri Pendidikan, dia memperkenalkan Bahasa Baku. Bahasa baku menjadikan bahasa Melayu mudah dipelajari kerana punya sistem suku kata yang senang dibunyikan. Ini di akui ramai pakar bahasa. Bukan Anwar cipta bahasa baku, bukan Anwar pandai sangat pasal bahasa...tetapi untuk mengangkat bahasa Anwar mengumpulkan pakar bahasa dan mendengar cadangan mereka.

Namun selepas Anwar dipecat, bahasa baku turut terpecat. Bukan itu sahaja Kementerian Pendidikan juga diubah nama kepada Kementerian Pelajaran. Semua yang punya 'bau' Anwar perlu dibersihkan.

Maknanya semuanya boleh bertukar secara total di bawah Menteri yang berbeza.

Yakinkah kita 2012 masih Muhiyuddin menjadi Menteri Pelajaran ? Yakinkah kita bahawa 2012 PPSMI benar - benar dimansuhkan..... boleh sahaja nanti Menteri lain (atau Menteri sama pun) mengumumkan dasar menambah masa P & P subjek Bahasa Inggeris gagal maka perlu dikembalikan kepada PPSMI khususnya apabila telah menang selepas PRU 13 yang akan diadakan sebelum persidangan Parlimen kali pertama dalam tahun 2012.

Kesimpulanya mudah pengumuman olok - olok PPSMI akan dimansuhkan 2012 perlu ditolak. PPSMI perlu dimansukan sekarang juga, atas alasan ;
  • jangan bazirkan terus wang rakyat sehingga 2012,
  • jangan mangsakan terus - terus anak sekolah dengan dasar yang tak pernah mencapai sasaran.
Pengumuman Muhiyuddin jelas menunjukkan cara Regim Bn menangani isu pendidikan. Semuanya ditangani dengan pendekatan politik.

Jangan berhenti ayuh demo lagi !!!

High Chaparral: Hindraf to 'turn the screws' - Malaysiakini

The Hindu Rights Action Force (Hindraf) will step up its pressure in coming weeks on the Penang government to preserve Kampung Buah Pala as a state Indian heritage village.

uthayakumar high chaparral 040709 uthaya speakExpressing disappointment that the state government failed to fulfill any of his three demands outlined last week, Hindraf leader P Uthayakumar said the movement would now turn the screws to compel the Penang government to protect the villagers' interests.

During his visit to Kampung Buah Pala Saturday, Uthayakumar spelled out three actions that the state government must take within a week to save the village, popularly known as 'Tamil High Chaparral'.

His demands were:

• Sign a purchase order to acquire the village land from its current landowner, the Senior Civil Servants Cooperative Society (Koperasi Pegawai-Pegawai Kanan Kerajaan Pulau Pinang).

• Disclose findings of its ongoing investigation into the alleged land scam involving the village.

• Reveal the court order on the dissolution of the legally-constituted Brown Housing Trust, which encompasses Kampung Buah Pala.

"We will now step up our struggle to save the village," Uthayakumar told Malaysiakini today.

However, he declined to reveal Hindraf's next plan of actions.

'CM has overreacted'


Kampung Buah Pala in Gelugor is known as the 'Tamil High Chaparral' due to the existence of cowherds, cattles, goats, other livestocks, and Tamil lively cultural features.

kg buah pala 020709 villagers protest 02The village's 300 residents now face a court eviction order after Aug 2 to pave way for a lucrative condominium project called Oasis.

Oasis' proposed developer Nusmetro Venture (P) Sdn Bhd executive director Thomas Chan has said that the company would demolish and flatten the village after the deadline.

Uthayakumar and his supporters across the country are expected to be at the village on Aug 2 to provide stiff resistance ala a Mexican standoff against the possible 'High Chaparral' demolition.

Chief Minister Lim Guan Eng has said the state government plans to invoke provisions under the National Land Code to stop the developer from demolishing the houses.

However, Uthayakumar remained unconvinced and accused Lim of hiding behind the law to sidestep responsibility to preserve the village.

He reiterated his call on Lim to instead use Section 76 of the NLC read in conjunction with Section 3 of the Land Acquisition Act to acquire the village land from its current owner.

“Lim can end the crisis with just a stroke of a pen … undoubtedly,” he said.

Stressing Hindraf was not racist, he explained that the movement got involved in the crisis because the land dispute touched on social and natural justice.

“Hindraf's struggle was always based on universal human rights, natural and social justice.

“But Lim overreaction to our involvement turned it into a communal issue,” Uthayakumar claimed.

Remembering Micheal

He was lauded and ridiculed. He broke down barriers and built them around himself. He soared to heights unimaginable with his music, and he made the ignominious front page of gutter tabloids worldwide. For Michael Jackson, the spotlight was always present, and the rest of the world followed. That spotlight stayed with him on Tuesday as fans mourned around the world and thousands paid tribute to the King of Pop at a Los Angeles memorial.

Sunday, 12 July 2009

Indians Support For PM Has Increased

KUALA LUMPUR, July 12 (Bernama) -- A random survey by the MIC revealed that the support from the Indian community for Prime Minister Datuk Seri Najib Tun Razak's leadership has increased, its president Datuk Seri S. Samy Vellu said today.

"We expect the support to increase further in the next few months," he said.

At the same time, he said, the support for the MIC has also improved tremendously after its poor showing in the last general election, losing six out of nine parliamentary and 12 out of 19 state seats.

"The prime minister's 1Malaysia concept has captivated the hearts and minds of the Indians as it is not merely a slogan but has been translated into actions beneficial to the community," he told reporters after opening the party's Youth wing's leadership forum here.

It was reported recently that the Merdeka Centre survey showed that some 74 per cent of Indians polled were satisfied with Najib's performance as prime minister.

Samy Vellu said the increase in the support for the prime minister among the Indians was attributed to the many reforms undertaken by Najib and his administration.

He said the 11 initiatives announced by the prime minister yesterday, including allocating RM15 million under the Tekun scheme for Indian entrepreneurs has boosted the support among Indians towards the prime minister.

"Before this, the prime minister allocated RM100 million for Tamil schools, RM20 for Indian youth development programmes and RM499 million worth of Amanah Saham Malaysia shares," he said.

Intake of Indians into public universities and public sector had also improved, he said, stressing that almost nine per cent of Indians were recruited into the civil service.

Samy Vellu said many of the new policies and allocations for the Indian community introduced by the government were contained in several recommendations made by the MIC over the past 18 months.

He thanked Najib for considering many of the party's proposals which were also similar to the demands made by other Indian organisations.

On the MIC elections, Samy Vellu said he would probably announce his line-up after the nominations for the post of deputy president, three vice-presidents and 23 Central Working Committee members.

"I can't say now but I have my own preferred candidates (for the posts)," he said.

The MIC polls are scheduled to be held on Sept 12 while nominations would take place two weeks before polling.

Samy Vellu is said to be backing incumbent MIC deputy president Datuk G. Palanivel for the number two post while the contenders are former deputy president Datuk S. Subramaniam and vice-president Datuk S. Sothinathan.

MIC secretary-general and Human Resources Minister Datuk Dr S. Subramaniam may also join in the fray.

Gobbledegook and regurgitation in the written judgments of the Court of Appeal in Zambry vs Nizar (Part 2) — NH Chan (loyarburok.com)

JULY 11 — On Tuesday, July 7, 2009 I posted an article under the above title on the web with various news portals and here. At that time I only had the written judgments of two of the judges Raus Sharif and Ahmad Maarop JJCA. I have just received the third judgment of Zainun Ali JCA. Below is my critique of the written judgment of Zainun Ali JCA.


The points that really matter

As I have said it before in the first part of this article, there are only two points that really matter in the appeal of the case in question. They involve the reading of two clauses in Article 16 of the Perak Constitution and an understanding of what the clauses mean. A very experienced judge, the late Lord Justice Salmon in a talk which he gave to young members of the English Bar, Some Thoughts on the Traditions of the English Bar, said:

… remember this, in few cases, however complex, is there usually more than one point that matters. Very seldom are there more than two and never, well hardly ever, more than three. Discover the points that really matter. Stick to them and discard the rest.

Actually, Salmon LJ was revealing to budding advocates the mind of a judge. The young advocates are informed, before they embark on their career, that a judge makes his decision by discovering the point that really matters or, exceptionally, the points that really matter. This revelation should place aspiring advocates on the right direction to becoming good advocates.

If a judge misses the point or points altogether, the whole decision becomes nothing but gobbledegook if it is unintelligible or a regurgitation of a lot of information on the facts and the law without understanding them.

A decision which does not decide on any point that really matters is not a judgment at all. A decision which misses the point altogether is merely the extraneous ranting of an incompetent judge. At best, the legal principles described in the decision may be described as nothing more than obiter dictum or dicta; but if it is just to repeat known law (which is unconnected to any point in issue) as was done here in most of the judgment of Zainun Ali JCA, it is not even dicta.

In truth, such a decision is useless because it cannot be cited as an authority as it is only regurgitating what is already known. But a decision that misses the point or points altogether is no authority on the issue or issues before the court. Because the decision did not decide on the issues or points that matter, such a decision is at best merely obiter dicta (the Latin phrase means “incidental”).

Professor Andrew Harding in his essay, Crises of Confidence and Perak’s Constitutional Impasse, gave an illustration of such a situation in Amir Kahar (Sabah, 1995) which the High Court judge in the present case had distinguished. This is what Professor Harding wrote:

Amir Kahar, [the High Court judge] said, was correct on its facts but did not raise the issue in question as the Chief Minister of Sabah in that case had in fact resigned and the only issue was as to the effect of his resignation with regard to the rest of the Cabinet; accordingly the court’s views in that case on the issue of confidence were merely obiter dicta (incidental).

If a judgment decides on the points that really matter, the judgment which decides on those points is described as the ratio decidendi of the decision (this Latin phrase means “the reason for a decision”).

The incidental part of a judgment which does not form the reason for the decision (the ratio of the judgment) is an obiter dictum (plural obiter dicta). This Latin phrase means “incidental”. An obiter dictum is never cited as an authority for the proposition it states, although an intellectually dishonest judge would treat it as such, in the hope that the reader would take his word for it and not read the whole judgment that he has referred to in support of his proposition.

Sometimes an obiter dictum has much persuasive value depending on the standing of the judge. Such obiter dictum may sometimes be adopted by a judge as his judgment in an appropriate case. Only the ratio decidendi of a judgment can be used as authority for the proposition that it states. But the remarks which are incidental to the decision are obiter.


Let us now expose the fallacy of the judgment of Zainun Ali JCA

The judgment is 115 pages long — it is like using a blunderbuss to shoot at a target, scattering shots in all directions, and not hitting it. It is the longest of the three. Most of it has nothing to do with the two points that really matter in this appeal which we know are Clause (2)(a) and Clause (6) of Article 16 of the Laws of the Constitution of Perak. And when she does come to the two points that are the real issues in the appeal she misses the points altogether by giving a wrong reason for them.

Here at p. 12 is an example of irrelevant writing. This is what she wrote, p. 12:

Inclined as is the Federal Constitution towards the Westminster structure, it has its own peculiarities. The Westminster model is not to be found in one document, but could be seen in bits and pieces in the Magna Carta, the Bill of Rights, the Act of Settlement and a series of Parliament Acts. Conversely, the Federal Constitution however is embodied in one document and gathers unto itself various sources of law some of which are implicit. The unique presence of the written law, shot through with informal and unwritten sources in the form of conventions, prerogatives, discretionary and residual powers as such, help ensure the continuation of constitutionalism and the rule of law. Thus the sources of law in our Constitution are several. Article 160(1) of the Federal Constitution says it all. “Law includes written law, the common law, insofar as it is in operation in the Federation or any part thereof and any custom or usage having the force of law in the Federation or any part thereof”.

I think I should stop here. Enough is enough. I don’t think we, neither the reading public nor myself, can stomach any more balderdash. You can pretend to be erudite by regurgitating unconnected material of facts and jumble them up. You can even misread the history of England like not knowing the different period in history between the feudalism of the barons and a despotic king in Magna Carta and the Act of Settlement which came about after King James II fled the realm and the ascension of William and Mary to the throne of England. Unless you can connect the leap from thirteenth century England to the Act of Settlement in 1701 some four hundred years later, then everything that is said is nothing more than pretended erudition.


What is the Magna Carta?

I shall start with Magna Carta since she mentions it first. In order to understand the significance of Magna Carta in English history, it is necessary to know the difference between feudalism and despotism. The Charter marked the first step in the resistance by the barons to the despotism of King John in the thirteenth century. As Trevelyan wrote in his History of England, illustrated edition, p. 199:

For feudalism is the opposite of despotism… The barons and knights were protected from the king by feudal law and custom. When [the King] claimed service, aids or reliefs on a scale larger than the custom allowed, they resisted him on point of feudal law.

Trevelyan tells us:

The resistance to royal despotism in the thirteenth century was successful because the feudal class, unlike the squires of later times, was still to some extent a warrior class… they all had chain-armour and war-horses, some had gone on the Crusades, and many lived in a state of chronic skirmishing with their Welsh and Scottish neighbours. That is why the barons of Magna Carta… were able to put up a fight against the King.

I shall now let Lord Denning take up the story in The Family Story, Butterworth, 1981, p. 229:

On May 5, 1215, many of the Barons openly rebelled against the King. They renounced their fealty [loyalty in feudal times] to him. … On May 12 he [King John] ordered their estates to be seized. But the Barons marched towards London which, on May 17, opened its gates to them. This was decisive. The Barons, with the support of London, had the whip-hand. John had to sue for peace. … At length a truce was arranged from June 10 to June 15.

The first meeting at Runnymeade was on June 10, 1215. There were present King John, the Archbishop Stephen Langton, and some baronial envoys. At this meeting the Barons presented their demands and the King submitted to them.

At p. 230:

On June 15 the truce was due to expire. On that day the parties assembled in great numbers at Runnymede and agreement was reached on all points. The King and those present all solemnly swore to abide by the agreement. This day was regarded as so important that, when the Charter was afterwards drawn up, it was given the date, June 15.

At the bottom of p. 230 and at p. 231:

The peace did not last long. In a couple of months the parties were again at war. The King looked for aid to Rome. … August 24, 1215, Pope Innocent III purported to annul the Charter. … he excommunicated the English Barons. … But John’s death on October 12, 1216, at Newark Castle, altered everything. Early in the reign of the young King Henry III the Great Charter was confirmed by his regents. In the years 1225 it was re-issued by the King himself under the Great Seal. Magna Carter then took its final form, word for word, as it stands today as the earliest enactment on the Statute Rolls of England.

The Great Charter dealt with grievances of the time in a practical way. It gave legal redress for the wrongs of a feudal age. But it was expressed in language which has had its impact on future generations. It put into words the spirit of individual liberty which has influenced our people ever since.

…

We find set down in the thirty-ninth clause the guarantee of freedom under the law [all the clauses of the Magna Carta were in Latin; the translation is by Lord Denning]: (No free man shall be taken, imprisoned, disseized [deprived of feudal interest in land], outlawed, banished, or in any way destroyed, nor will we proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land).

Immediately following, in the fortieth clause, is the guarantee of the impartial administration of justice [in Latin; Lord Denning gives the translation] (To no one will we sell, to no one will we deny or delay right or justice).

At pp. 231, 232:

The constitutional significance of Magna Carta is immense. It was thus measured by Bryce: “The Charter of 1215 was the starting point of the constitutional history of the English race, the first link in a long chain of constitutional instruments which have moulded men’s minds and held together free governments not only in England, but whenever the English race has gone and the English tongue is spoken”. When the colonists crossed the seas from England to countries the world over, they took with them the principles set down in the Charter. Those who went to Virginia took its very words. When they renounced their allegiance in 1776, they stated in their Declaration of Rights that “no man be deprived of his liberty, except by the law of the land or the judgment of his peers”. Thence the provisions of the Charter found their place in the Constitution of the United States. There it is revered as much as here.


The Bill of Rights 1688 and the Act of Settlement 1701

For this Lord Denning has put it succinctly in The Family Story, pp. 192, 193:

No member of the government, no member of Parliament, and no official of any government department, has any right whatever to direct or to influence or to interfere with the decisions of any of the judges. It is the sure knowledge of this that gives the people their confidence in the judges. … The critical test which they must pass if they are to receive the confidence of the people is that they must be independent of the executive.

Why do the English people feel so strongly about this? It is because it is born in them. We know in our bones that it will not do for us to allow the executive to have any control over the judges: and we know it because our forefathers learnt it in their struggles with the kings of England - the kings who in the old days exercised the supreme executive power in the land. Ever since the Act of Settlement in 1701 it has been part of our constitution that a judge of the High Court cannot be removed except for misconduct. … Secure from any fear of removal, the judges of England do their duty fearlessly, holding the scales even, not only between man and man, but also between man and the State. Every judge on his appointment takes an oath that he “will do justice to all manner of people according to the laws and customs of England, without fear or favour, affection or ill will”. Never since 1701 has any judge failed to keep that oath.

…

The Houses of Parliament enjoy certain privileges. One of them is freedom of speech. Erskine May says: “What is said or done within the walls of Parliament cannot be enquired into in a court of law”. The Bill of Rights 1688, art. 9, s. 1, says:

“That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.”

Now you know why I think she does not understand what she is saying. If she does understand what she wrote then she would not have decided the instant appeal in the way she did at the conclusion of her overlong judgment.


But what has all this got to do with the two clauses in Article 16?

But the most important point of all, after 114 pages of mumbo-jumbo that she wrote, is this: what has all this got to do with the two clauses of Article 16 of the Laws of the Constitution of Perak?

The United Kingdom does not have a written Constitution and in order to understand it fully one should be well acquainted with the history of England. Whereas Malaya and later Malaysia has a written Constitution which may be changed by a two-thirds majority in Parliament. But, here in this appeal the lady judge is, and should be dealing with, the two points that really matter which are the two clauses of Article 16 of the Perak Constitution.

After having said that, I shall go straight to the points at issue. How did she answer them? It took her 114 pages of circuitous writing before she finally came to the wrong conclusion that “His Royal Highness had … rightly exercised his constitutional powers as provided for and under the Perak State Constitution solely for the best interests of his subjects”.

I am stunned by her naivety. I am at a loss for words.

We all know that there is no provision in the Constitution of Perak which provides constitutional powers to the Sultan to act “solely for the best interests of his subjects”. For this judge to say that there is such a power when there is no provision in the Constitution of Perak for the Ruler to have such power is to mislead the uninformed public. A judge who misleads cannot be trusted. She has disgraced herself on the seat of justice.

Professor Andrew Harding took up 4 pages and Professor Kevin Tan 5 pages to come to the correct conclusion. Sometimes I wonder where these recalcitrant judges read law. I have a theory. One way is to memorise all the lecture notes — when I was a student in London I heard that many of our students memorized the notes supplied by Gibson and Weldon and passed their examinations. They forget that LAW is a reading subject. Ever heard of the expression, we joined a university or the Inns of Court to read law? You study mathematics or science but you read law.

After meandering for 114 pages she concluded, p. 114:

Thus I share the view expressed by my learned brothers Raus Sharif JCA and Ahmad Maarop JCA that in the context of this appeal, His Royal Highness had in the critical situation rightly exercised his constitutional powers as provided for under the Perak State Constitution solely for the best interests of his subjects. This decision being unanimous, the orders are as comprehensively set out in the judgment of my learned brother Raus Sharif JCA.

What I have said in my severe critique of Raus Sharif and Ahmad Maarop JJCA in the first part of this article applies, mutatis mutandis (allowing for the appropriate changes), to Zainun Ali JCA. Need I say more.

I am as much disgusted as most of you are of judges of such inane quality. In the present context, “learned” is a funny word. I know some of you may say that the word is only a title applied in referring to a member of the legal profession. It has no meaning. I hope so, otherwise it will mislead the public further. — loyarburok.com

DAP lodges police report over High Chaparral - Malaysiakini

Penang DAP Socialist Youth (Dapsy) has lodged a police report against the sale of Kampung Buah Pala village land by the previous state government on a steeply discounted price.

Dapsy state secretary Ng Wei Aik, in his report, alleged that the village land had been sold to a civil servant cooperative society at 50 percent discounted land premium, or about RM10 per square foot.

Ng Wei Aik“Dapsy wants the police to investigate all parties involved in the decision-making process to approve the village land alienation,” said Ng (right), the political secretary to Penang Chief Minister Lim Guan Eng.

He lodged the report at Jalan Patani police station in Georgetown at 1.22pm today.

Ng, also the Komtar assemblyperson, argued that the village land - consider a prime land - was sold at a bargain to the Koperasi Pegawai Kanan Kerajaan Pulau Pinang

He also alleged that the village land in Bukit Gelugor was sold to the cooperative society in exchange for another plot of land next the Dewan Sri Pinang in Lebuh Light.

The Lebuh Light land had since been developed into a new court building.

kampung buah pala 110609Ng alleged that the previous state cabinet had approved the Kampung Buah Pala land alienation and sale to the cooperative society without referring to assessment reports on market value of both plots of land.

According to him, the assessment reports were important to ensure that both plots involved in the land-exchange deal must be of the same monetary value.

According to the chronology of events pertaining to the sales of Kampung Buah Pala land, he said the previous state government sold it to the cooperative society after it had rejected two earlier purchase offers from Pembinaan Baufort Sdn Bhd and Edaran Pelita Sdn Bhd.

In his press statement released after lodging the report, Ng raised suspicion on whether former chief minister Koh Tsu Koon and the previous Barisan Nasional state executive councillors had self-interest in alienating the land.

Nearby villagers show support

Meanwhile, some 30 residents from a village in Air Itam held a peaceful protest in support of the embattled Kampung Buah Pala residents.

The residents, predominantly Tamils from the Jalan Empat village, also commonly known as 'Karuppan Toddam', held the protest for about 10 minutes under the watchful eyes of some 20 police officers.

The protest was held along the Jalan Air Itam main road near a roundabout, a few hundred metres from Penang Hill's lower station.

The area comes under Lim's Air Putih state constituency,.

The residents carried banners and placards calling on the state government to preserve the Kampung Buah Pala as an Indian heritage village. They then dispersed peacefully.

The 200-year-old Kampung Buah Pala is also commonly addressed by locals as 'Tamil High Chaparral' because of its cowherds, cattles, goats, other livestocks and Tamil cultural features.

Hindraf hails revelation but questions remain - Malaysiakini

The Hindu Rights Action Force today welcomed the move by the Penang government to declassify certain documents pertaining to the 'Tamil High Chaparral' Kampung Buah Pala crisis.

However, the outlawed movement chairperson P Waythamoorthy said the state government's revelation had raised more questions than answers.

NONEIn releasing the documents, he said the DAP-led state government had accused the previous Gerakan government of alienating and selling the Indian traditional village land in a dubious manner.

“However, why then Chief Minister Lim Guan Eng endorsed its sale three weeks after he took over the state government? Why didn't Lim make an attempt to stop or delay the transaction?” he asked.

Waythamoorthy agreed that based on the documents provided by the state government, it was clear that the land was “robbed by the previous Barisan Nasional administration”.

But he could not understand why the new Pakatan Rakyat government had allowed the allegedly fraudulent transfer to take place after it came to power.

The transfer was executed on March 27, 2008 - 19 days after Pakatan captured Penang in last year's general election.

The London-based Hindraf leader also questioned why Lim had failed to revoke the transaction when he was informed about the matter by the villagers' previous lawyer, Cecil Rajendra.

Gerakan-led government to blame

Based on the declassified documents, Wathamoorthy said Hindraf was not in the slightest doubt that BN under its previous chief minister Koh should be held accountable for the sale of the land.

p waythamoorthyBut Waythamoorthy (right) said there were many unanswered questions pertaining to the allegedly fraudulent land deals.

“How did the land given to the villagers and held on trust by the government was sold to a private landowner – Koperasi Pegawai Pegawai Kanan Kerajaan Pulau Pinang?

“How could a land sold at a discounted RM3.21 million suddenly rocket up to hundreds of millions after the land has been transferred to the cooperative society?

“Why is Lim dragging his feet in finding a permanent solution to the problem - that is to exercise his authority under the Land Acquisition Act?

“Indeed, Lim should erase the delusion that hundreds of millions were involved to acquire the land when the Act states only a reasonable sum of compensation.”

Village demolished if not for Hindraf

Waythamoorthy also urged Lim to stop accusing the villagers of “displaying aggression, hostility and arrogance” for refusing to meet him last Wednesday.

kampung buah pala villagers buy land compensation letter 060709 02He said the residents had made it clear that they wanted to be represented by a lawyer of their choice at the meeting, not one handpicked by Lim.

He also ticked off Lim for insinuating that Hindraf was a BN collaborator.

Hindraf, said Waythamoorthy, was an apolitical movement that does not condone any wrongdoing by the government, whether BN or Pakatan.

He said if not for Hindraf's timely intervention, the village would have been flattened by now.

MIC youth claims ritual to join 'brotherhood' - Malaysiakini

An MIC Youth leader from Pahang has been accused of coaxing young boys to join the ruling component party and undergo a ritual to be part of a secret 'brotherhood'.

S Pravin Kumaran from Pahang had lodged a police report on Friday claiming that he was held against his will and coerced to join a shadowy group comprising young men.

However, after five days of being held captive, Pravin said he managed to escape two days ago from Pahang MIC Youth leader G Kumar Aamaan while they were in Kemaman, Terengganu.

The 22-year-old college student told reporters today that he got to know the MIC leader a week ago when he received a call from Kumar regarding a job offer.

"July 4 was the first time I heard from him. At that time, I did know anything about him except that he is a renowned MIC national-level leader," said Pravin.

"He offered me a job at a steel factory with a high salary and asked me to come down to Kuala Lumpur and on July 6, I met him in Puduraya (bus terminal) and from then on I was held like a captive," he recounted.

Pravin said from the time they met, he had to abide to everything he was instructed to do and that he felt as if he was being "hypnotized".

They bear similar tattoos

He added that he was forced to spend all the money he had brought with him to top up his prepaid mobile number.

"The five days I was with him, I was asked to arrange meetings with grassroots leaders, which I did, but things started getting fishy when I was not even allowed to speak privately on my mobile phone.

“All the calls I received was placed on loudspeaker mode so that others could hear my conversations as well," he said.

"I was being mentally tortured... they would not let me out of their sight. Although they were suppose to buy meals for me, they would get me only one meal and let me starve for the rest of the day," he said.

Moreover, during the five-day period, Pravin said that he was taken by Kumar to Manek Urai in Kelantan to meet with state-level leaders and to Terengganu, where he planned his escape.

"It was then that I was brainwashed to agree to become part of the brotherhood and I was asked to contribute RM30 for a special ritual where I would join 30 other boys from 16 to 24 to be members," said Pravin.

He said that he had met with several others from the 'brotherhood' and they all bore similar tattoos in the shape of 'Sanskrit Oum' (a Hindu religious symbol) on their body as well as wearing the same lockets around their necks.

However Pravin was unable to provide more details of the ritual as the event was to take place on Sunday.

Allegation meant to destroy reputation


When contacted, Kumar told Malaysiakini that the allegation was an attempt to damage his reputation ahead of the contest for MIC's central working committee in the upcoming party polls in September.

"The boy is a MIC member from Pahang and he called me wanting to meet so he came to KL.

"I had even spoke to his dad and they knew that he was with me... But suddenly yesterday morning, he went missing. We thought he went off with his relatives," said Kumar.

Kumar said he would wait for the police to contact him and expressed his willingness to assist with their investigation on the matter.

INQUEST FAILED TO HAUL IMPORTANT WITNESSES. - Mp Kapar

While, we eagerly awaiting verdict of Sujatha’s mysterious death we missed to hear from very important witnesses.

1. Former Sentul OCPD ACP Kumaran handles the case initially. He surely has his own findings that could be very much beneficial to the coroner. One noteable factor here is that ACP Kumaran involved into the investigation personally and they commenced investigation only after my initial police report. He was subsequently replaced after some accusation aroused on possible linkage within him and MIC leaders.

Why Deputy Public Prosecutor failed to summon him to the inquest further reinforce doubt of foul play?

2. Police says they found Diaries and photos of Maika CEO Vell and his Wife. The Inquest was told that Sujatha had visited Vell’s residence when his Wife around. Then, why his Wife wasn’t called upon to testify at the inquest? Don’t Police smell any possibilities’ of selfishness that could lead planned murder.


3. Paraquat Seller: as we know paraquat a controlled Weed killer, thus those purchase it need to record their particulars . Don’t the sellers have any record of it? How the paraquat liquid transfer itself from its original container to Cough Syrup bottle?


Why Sujatha’s brother purchase Paraquat when in fact they live in very manned Apartment? Does he conspire with someone to kill his own sister, if so with whom he conspired with?


Paraquat had very stint smell even a cow would turn away? How and why Sujatha could drink the weed killer? A question even IO cann’t answers as reported in local dailies. So, there is reasonable doubt to believe, might not consumed voluntarily?


4. Sujatha’s fellow artist : None of Sujatha’s fellow artist been called to testifies at the Inquest. Probably She could had discussed her personal matters with some close artist or she could contacted them prior consuming the weed killer


5. Security Guards : Security Guards where Sujatha live could have recorded whom visited her prior she consume (alleged) paraquat. They might have noticed some irregularities before and after the event.


6. Neighbours living next to her apartment too could have noticed some irregularities. Why, no one been called upon?

There are few more individuals which I believe could have assisted the Coroner in making his verdict that been neglected systematically by office of Deputy Public Prosecutor? Why? Is it because the main suspect related to then Cabinet Minister?

Who Killed Sujatha? ….

Kit Siang urges minister not to renew IGP’s contract

By Lee Wei Lian - The Malaysian Insider

PETALING JAYA, July 12 — The Inspector-General of Police (IGP)'s current contract ends in September and opposition strongman Lim Kit Siang is applying pressure on the government, specifically the home minister, not to renew it for allegedly failing to reduce crime rates.

According to statistics provided by the veteran parliamentarian, there were 150,000 cases of crime in 2004. This figure ballooned to over 200,000 in both 2007 and 2008 despite Parliament tripling funds allocated to the police under the Ninth Malaysia Plan to RM8 billion.

Lim said that this shows the failure of the IGP Tan Sri Musa Hassan to stem the tide of rising crime cases despite an increase in resources, and called on minister Datuk Seri Hishammuddin Hussein not to renew Musa’s contract.

"The police are losing the war against crime but the home minister appears to support the renewal of the IGP's contract even though he has failed as IGP and failed to implement the recommendations of the Royal Police Commission report ," he said in a keynote address at a DAP workshop today.

"The report had stated that even 150,000 crime cases was too high and will frighten investors and make Malaysia an unsafe place for citizens and suggested that crime be reduced by 20 per cent in 12 months. Instead the crime rates have gone up!"

Musa retired in 2007, but his contract was extended for another two years after he was cleared of corruption charges.

Many Malaysians have complained about the high incidence of crime in the country. The prime minister yesterday announced that fighting crime would be one of the focus areas of his administration and that concrete plans on reducing the crime rate will be revealed by the end of the month.

Under fire from Dr M, Round 2?

Dr Mahathir is increasingly becoming annoyed with Najib’s policies. — File pic

KUALA LUMPUR, July 12 — With more than 65,000 votes and counting, a poll uploaded on former premier Tun Dr Mahathir Mohamad's blog is quickly becoming a headache for Prime Minister Datuk Seri Najib Razak's administration.

Dr Mahathir started the poll two days ago to gather public opinion to prove his point that Malaysians are against the government's move to scrap his policy to teach maths and science in English. More than 85 per cent supported him.

A day later, a still annoyed Dr Mahathir gave his assessment of Najib's performance during his first 100 days in office, saying it was “more negatives than positives”.

He also listed oil giant Petronas' revenues year by year, asking the government to explain how the money had been spent. As he must have known the answer, the intention was clearly to plant an idea that the revenues could be in jeopardy.

The needling was quite an irony as Najib had in the past been labelled a Mahathirite who took his cue from Malaysia's longest-serving prime minister. But Najib has gone his own way.

The PM has so far avoided comment, so clearly he is still hoping to avoid a collision course with his one-time mentor. Najib's supporters say the premier does not want open confrontation and that he believes the situation can still be managed.

The Sunday Times understands that Dr Mahathir has made known his disagreement personally to Najib. According to a top Umno leader who is close to Najib, the former premier was unhappy over the measures to liberalise the economy, including removing the quota on Malay corporate ownership, and the proposal to build a third bridge to Singapore.

Dr Mahathir was, of course, also unhappy over the scrapping of the policy on teaching maths and science in English.

As it has yet to develop into a clash, Umno leaders are hoping to avoid a second round of bruising attacks. The first took place about a year after Tun Abdullah Ahmad Badawi became prime minister, when Dr Mahathir began sniping at him.

It shook Umno badly as Dr Mahathir relentlessly fanned the image of Abdullah as an incapable and hapless leader. Many blamed the attacks for creating a situation ripe for the Barisan Nasional's stunning losses in last year's general election.

Raja Ahmad Zainuddin, a Perak Umno leader, said the party needed to be united. But, he added, he was confident that Dr Mahathir was mindful of this, and believed his criticisms have been sincere.

“He has a right to criticise, but if it's a personal attack, that's a different story. I believe he won't,” he said.

Najib's aides have privately said the same thing — that the PM respects Dr Mahathir's views and is prepared to accept criticism of his policies, but hopes that it will not turn personal.

With Abdullah, Dr Mahathir's attacks had also begun with his policies. Later, however, he took personal potshots, poking fun at his hand-picked successor for allegedly sleeping on the job and attacking his family members.

Some Umno leaders think that Dr Mahathir will not go this far this time, partly because his son Datuk Mukhriz Mahathir is part of the government as deputy minister for international trade and industry.

A more pertinent reason, perhaps, is that Umno may begin to lose patience with a second battle between premier and predecessor. It may not take well to its president coming under fire yet again.

However, as political analyst Shamsul Amri Baharuddin said, even if Dr Mahathir took his attacks further, the severity of the damage may be contained if Najib continued to adopt the right measures.

He pointed out that Najib's approval rating has shot up to 65 per cent from 42 per cent when he started out as PM.

“Dr Mahathir is respected but the relevance of the attacks will be reduced and the sting minimised if Najib continues to perform well,” he said. — Straits Times

State Makes Police Report On Kampung Buah Pala Issue

PENANG, July 11 (Bernama) -- The Penang state government on Saturday made a police report regarding the ownership of the land in Kampung Buah Pala, Bukit Gelugor, here.

The report was made by Komtar state assemblyman Ng Wei Aik at the Timur Laut police district headquarters at 1.20pm today.

 kampong Buah Pala
makkal osai


Speaking to reporters later, Ng, who is also the political secretary to Chief Minister Lim Guan Eng, said he wanted the police to investigate in detail the sale of the land.

"This is a big question regarding whether there is anyone having self interest when approving the land sale," he said.

Earlier, the present Penang state government had charged that the previous Barisan Nasional (BN) state government had sold the land cheaply to the Penang Government Officers Cooperative.

"Although the award of the land (to the cooperative) was to replace the site next to Dewan Sri Pinang for an additional court building, we find that the approval was made without reference to the market value reports for both the sites," Ng said.

The Kampung Buah Pala issue arose when the villagers were asked to vacate the land after the Federal Court rejected their appeal to remain there as they had been doing for a long time.

Something has to change

My Sinchew

WHEN I WAS first approached to be a columnist in Sin Chew, I was thrilled! I know this would be a great opportunity for me to communicate my thoughts and views to thousands of Malaysian readers.

Yet at the same time, I was apprehensive of the fact that I may struggle jotting down my somewhat limited experience in public service. I do not believe I am a good writer. An honest writer- yes but not a natural writer.

Prior to winning the elections, I have never been involved in public service. At the age of 29, I had my ideals of how this nation should be, how my tax should be used by the government, how Malaysians ought to behave in order to be a truly civilised society etc. The issues I had to deal with as an assemblyman opened my eyes to the ugly side of our society – something I was not prepared to see.

Just last evening, I was having a casual chat with my Malay neighbour who happens to be a lecturer of a local college. He was telling me of his plans to migrate with his family. When asked why, he said Malaysia is in a sad state of affairs. The people here have stopped caring for each other. Just as we were standing outside our houses, in the midst of this conversation, a lavish car was speeding past us – in a housing area, in the evening, when there are many children playing outside. He said : “This is precisely why I’m thinking of leaving! This person driving this car is definitely well to do and should be able to understand how to be considerate and look out for others.”

As we continued our conversation, we spoke about illegal dumping. Few days ago, I noticed that someone had dumped his/her old furniture outside my house. My neighbour went on to tell me that he had seen who the person was and that this person too is a lecturer!

I drive around my neighbourhood very frequently, for one reason – to check on the performance of the Alam Flora contractors.

But this article is not about the contractors, I will explore this another time. When I drive around, I frequently notice the illegal dumping trend happening even in an urban constituency like Subang Jaya. Neighbours would throw furniture and rubbish by the side of the road, often times in front of another’s house and not their own. My husband calls this the “anywhere but my backyard” syndrome.

This is a very selfish mindset. I have seen people driving Mercedes and yet throw rubbish out of their posh car. I have seen motorcyclists littering too. I have seen with my own eyes Malays, Chinese and Indians littering too. It has nothing to do with race, status or whether you are educated or not. Something has to change.

Some examples of selfish behaviour I have encountered:

- “We want LRT, you can build it anywhere but not in front of my house.”

- “Futsal court is good for the children; you can build it in front of those neighbours’ houses but not in front of my house.”

- “Crime is rising and neighbours should patrol the streets; I will support you but count me out from walking.”

- “Composting bins should be promoted by MPSJ to educate our young but please place them somewhere else and not behind my house.”

This “anywhere but my backyard” syndrome has to go. We need to start thinking for others and not just for those in our households. We need to start thinking, acting and functioning as a society. Love your neighbour as you love yourself. Changing the government is not enough.

The people have to change their mindset as well. The "First World Infrastructure, Third World Mentality" Malaysian malaise has to go. Something has to change. Someone has to change. And only then will we truly be a developed nation. HONESTLY SPEAKING By HANNAH YEOH

(HANNAH YEOH is DAP Selangor assemblywoman for Subang Jaya)