The signature theme of Datuk Seri Najib Razak on his accession as Prime Minister in April last year was the national transformation of Malaysia, which is anchored on four critical pillars:
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1st pillar: “1Malaysia, People First, Performance Now” concept to unite Malaysians.
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2nd pillar: the Government Transformation Programme (GTP) to deliver the outcomes defined under the National Key Result Areas (NKRAs).
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3rd pillar: the New Economic Model (NEM) resulting from the ambitious Economic Transformation Programme (ETP) to transform Malaysia by 2020 into a developed, competitive and high income economy with inclusivity and sustainability.
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4th pillar; the 10th Malaysia Plan 2011-2015 as the first policy operationalisation of both the government and economic transformation programme.
The Prime Minister unveiled the New Economic Model on 30th March and the presented the Tenth Malaysia Plan in Parliament on 10th June. A sea-change took place in the intervening two months, with Najib retreating from his national transformation programme when he succumbed to pressures from extremist groups making baseless and incendiary claims such as that the Malays are under siege and that the Chinese would take over the economy and country.
As a result, instead of the first policy operationalisation of the NEM, the Tenth Malaysia Plan is a funeral requiem for the NEM.
The NEM admission that “the excessive focus on ethnicity-based distribution of resources has contributed to growing separateness and dissension” is completely absent in the Prime Minister’s presentation of the Tenth Malaysia Plan.
This prepared the way for the Tenth Malaysia Plan’s abandonment of the most important of the eight Strategic Reform Initiative (SRI) – described as “fundamental to achieving the NEM – on “Transparent and market-friendly affirmative action”.
As stated in Chapter 6 of NEM (p. 117):
“Existing affirmative action programme and institutions will continue in NEM but, in line with views of the main stakeholders, will be revamped to remove the rent seeking and market distorting features which have blemished the effectiveness of the programme. Affirmative action will consider all ethnic groups fairly and equally as long as they are in the low income 40% of the households. Affirmative action action programmes would be based on market-friendly and market-based criteria together taking into consideration the need and merits of the applicants. An Equal Opportunities Commission will be established to ensure fairness and address undue discrimination when occasional abuses by dominant groups are encountered.”
The promises of the NEM of a needs-and-merit based transformation of the affirmative programme, to promote building of capacity and capability, which will mean a dismanting of ethnic quotas, preferences, APs, closed tenders and other non-competitive processes, were very short-lived – all because of failure of political will and leadership.
I call on the Prime Minister, all MPs and all stakeholders in the country to revisit the warning of NEM on the dire consequences of failure of political will and leadership to carry out far-reaching national political, economic, social and government transformation.
As Chapter 7 of NEM warned: “The time for change is now – Malaysia deserves no less.”
The NEM rightly identified the most important enablers of the NEM are political will and leadership to break the log-jam of resistance by vested interest groups and preparing the rakyat to support deep-seated changes in policy directions.
It called for political will and leadership to put emphasis on coherent explanation of the vision and agenda of the NEM and transformation process and “to put in place a critical mass of bold measures” to “create an unstoppable wave of support from all segments of society for this vision”.
It warned:
“The government must take prompt action when resistance is encountered and stay the course”.
This is where the Najib administration has failed for when it faced resistance to the NEM proposals, it failed to stay the course.
Cabinet Ministers should explain why they fail to ensure that the NEM is adopted as official policy if the government is serious that it should be the third critical pillar of the far-reaching national transformation programme?
As it is, the message of the Tenth Malaysia Plan is – Long live NEP. Rest in Peace (RIP) NEM!
In fact, the lack of the political will and leadership to defend the NEP and to stay the course when encountering any resistance is manifestly clear when the Bahasa Malaysia version of the NEM is still not available online up to now. In fact, is there a Bahasa Malaysia version of the full NEM report?
When the NEM was unveiled just some two months ago, the country was warned of the dire consequences of the failure to undertake a major economic transformation.
The NEM said:
“Our shortcoming are preventing us from getting out of the middle income trap. Almost all economies of South East Asia are poised to achieve high economic growth in this decade. But Malaysia runs the imminent risk of a downward spiral and faces the painful possibility of stagnation.”
The NEM warning and the sense of urgency that “There is a serious risk that the economy may regress if fundamental changes are not made” is still to be discerned in the introductory chapter of the Tenth Malaysia Plan when it was distributed under embargo to MPs on the first day of the present meeting of Parliament on 7th June 2009.
It stressed: “We need to see the reality for what it is: we are on a burning platform.”
But this dire warning that Malaysia is on “a burning platform” was conspicuously omitted in the Bahasa Malaysia version of the Tenth Malaysia Plan and by the time of Najib’s presentation of the Tenth Malaysia Plan speech, the sense of urgency that Malaysia has no choice but to opt for a New Economic Model has disappeared.
1Malaysia and GTP – Great deficit between proclamation and reality
In a matter of two months, one of the four pillars of the Najib national transformation programme had been removed. But the other two pillars are not in better shape.
For instance, 1Malaysia concept. Many have forgotten as to the overriding objective of National Economic Policy – which is to promote national unity.
There is one rare admission of the dismal failure of the NEP in the 1Malaysia GTP Roadmap, of the “unintended outcome of the NEP” – a sense of deprivation, discrimination and even resentment felt by the non-Bumiputeras. (This was accompanied by the admission of “a widening of the income gap within the Bumiputera community “leading to rising discontent amongst certain segments of that community”).
It is sad and tragic that 53 years after Merdeka and 47 years after the formation of Malaysia with Sabah and Sarawak, the country is even further away from the 1Malaysia objective than ever.
I had posed a question on 1Malaysia on the first day of Parliament on 7th June – ‘minta Perdana Menteri menyatakan berapa Menteri (dengan nama-nama mereka) dalam Jemaah Menteri yang menganggap dirinya rakyat Malaysia dahulu dan kaum masing-masing kemudian, selaras dengan dasar 1Malaysia.”
I asked this question because the 1Malaysia GTP Roadmap released in January by the Prime Minister had defined the goal of 1Malaysia ultimately a greater nation – a nation where every Malaysian perceives himself or heself as Malaysian first and by race, religion, geographical region or socio-economic background second.
But this question was disallowed on the ground of running afoul of Standing Order 23(1) (h) in seeking an expression of opinion, the solution fo an abstract legal case or the answer to a hypothetical proposition.
What credibility and legitimacy can there be for the Prime Minister’s 1Malaysia objective when he is unable and unwilling to answer such a simple and straightforward question as to how many and who are the Cabinet Ministers who regard themselves as Malaysian first and their race second?
Deputy Prime Minister Tan Sri Muhyiddin Yassin has declared that he is Malay first and Malaysian second, while no other Cabinet Minister whether from Umno, MCA, Gerakan, MIC or the Sabah and Sarawak BN parties had dared to declare his or her position.
This goes to the very root of credibility and legitimacy of the Prime Minister’s 1Malaysia signature theme – for if after 53 years of nationhood and 47 years of formation of Malaysia, there is not a single Minister who regard himself or herself as Malaysian first and race second, what is this 1Malaysia campaign which is the centerpiece of the Najib premiership?
Is it just an empty slogan?
As for the GTP, NKRAs and PKIs, the government has claimed success although with little credibility.
This is another illustration of the great deficit between proclamations and slogans of the Najib administration and reality.
How can the government convince Malaysians that the Malaysian Anti-Corruption Commission (MACC) has turned the tide against corruption, in particular in the war against “grand corruption”:
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When Malaysia’s ranking on Transparency International’s Corruption Perception Index has been undergoing a free-fall – from No. 23 in 1995 to No. 37 in 2003 and No. 56 in 2009;
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when the MACC is more obsessed with declaring war against Pakatan Rakyat than against corruption, to the extent of causing the death of DAP aide Teoh Beng Hock (whose death anniversary will be less than a month away on July 16) in the MACC headquarters in Shah Alam involving constituency allocations amounting to RM2,000 while oblivious of how a former Selangor Mentri Besar could afford to build a RM24 million palatial home; and up to now, there is no closure for Teoh’s family as to the cause of Teoh’s death;
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When there has been no prosecutions of “big fish” in the RM12.5 billion Port Klang Free Zone scandal despite assurances by the Big Three last December, Attorney-General, Inspector General of Police and MACC Chief Commissioner, that the charging of four executives for PKFZ scandal were only “tip of the iceberg” and “big fishes” would be arrested;
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The total failure of MACC to nab “big fishes”. MACC was not shy to go public about the “car and cows” investigations against the Pakatan Rakyat Selangor Mentri Besar, but why are they so reticent about corruption investigations involving Barisan Nasional leaders – in particular about blog postings that MACC has detained Christopher Barnes, senior lawyer and confidante of Sabah Chief Chief Minister Musa Aman and several others related to the Sabah Chief Minister, in particular involving the RM16 million money laundering case in Hong Kong and whether it is true that Musa Aman has been served with notice with MACC to declare all his assets.
The Prime Minister, the Home Minister and the Inspector-General of Police have all claimed success for the police in the NKRA to reduce crime index and street crime, but are they aware that the Malaysian public do not feel that they are comparatively safer from crime or from the fear of crime as more guarded-and-gated communities are mushrooming in the country rather than the reverse. Coupled with the inability of the police to keep the streets, public places and homes free from crime and free Malaysians from the fear of crime, there is the grave problem of police accountability and integrity highlighted by the high rate of deaths caused by police, like the cases of Kugan and 14-year-old Form II student Aminulrashid Amzah shot to death near his Shah Alam home in April.
DAP MP for Sibu Wong Ho Leng in his maiden speech last Tuesday had spoken not only for people of Sibu, but also Sarawak and Sabah about their grievances and feelings of being treated like colonies by West Malaysia 47 years with their complaints of development neglect and not being given rightful place under the Malaysian sun, despite the Inter-Government Committee (IGC) and London Agreements providing equality to Sabah and Sarawak with the states of Malaya in the formation of the nation.
Do the Barisan Nasional MPs from Sabah and Sarawak agree with the MP for Sibu and the MP for Kota Kinabalu, who had also spoken during the debate?
I just visited Labuan, Pitas and Kota Marudu and such sense of frustration and alienation which are prevalent in Sabah and Sarawak must be given serious attention if the 1Malaysia concept is to have any real meaning.
There should be a Royal Commission of Inquiry on 1Malaysia, which should not only investigate as to why 53 years after nationhood, no Minister is prepared to declare that he or she is Malaysian first and race second; progress in building a united nation after 53 years of Merdeka; and thirdly, specifically address the sense of alienation and discontent of the people of Sabah and Sarawak at not being given a rightful place under the Malaysian sun in the past 47 years.
Umno and Barisan Nasional have taken Sabah and Sarawak for granted, regarding them as “fixed deposit” states, for too long.
The political tsunami of the 2008 general elections, which saw the fall of another four states apart from Kelantan to Pakatan Rakyat in Peninsular Malaysia, and the end of the Barisan Nasional two-thirds parliamentary majority, did not really cross South China Sea.
Thanks to the support of the parliamentary seats in Sabah and Sarawak, Najib is today the Prime Minister or he will be the Parliamentary Opposition Leader.
It was only then that Umno and Barisan Nasional woke up to the critical importance of Sabah and Sarawak in holding on to power in Putrajaya.
This is why there is a Foreign Minister from Sabah. The Parliament Speaker and a deputy speaker is from Sabah while another deputy speaker is from Sarawak. The Barisan Nasional BBC Chairman is from Sarawak and deputy chairman from Sabah.
This state of affairs would have unthinkable before the March 8, 2008 general elections.
Undoubtedly, in the past two years, Barisan Nasional leaders have benefited considerably from this new awareness of the importance of Sabah and Sarawak to Umno/BN hold to power in Putrajaya. But have the people of Sabah and Sarawak really benefited.
Sabah was even promised RM1 billion special allocation by the former Prime Minister, Tun Abdullah Ahmad Badawi, after the 2008 general election but has this allocation been released to Sabah and directly benefited the people of Sabah?
In Pitas and Kota Marudu during the weekend, the native customary rights of some 23,000 people were trampled upon in a land grab involving a state government crony company.
A 1Malaysia Royal Commission of Inquiry should hear these issues as this was not the purpose for which Sabah and Sarawak joined 47 years ago to form Malaysia.
[Speech prepared for Parliament on the 10th Malaysia Plan on Monday, 21st June 2010 but partly delivered in view of 10 minute limit]
As long as NEP is there, BN will remain an OKU and will top the list of least developed countries in the world. Its a pity that many malays are still duped into this mindset and failed to see the real picture grossly distorted by ppl like Mamaktahir and chief froggie Ibrahim Ali . We have to be best equipped to face the challenges of the global world market yet we are only looking internally at how to change the parliament house, the palace and other no value added projects. Wake up 1Malaysia!
What is being attempted and has happened to Najib has happened in many historical monarchy rule all over the world. From China, to Medieval Europe, etc there have been kings that have attempted reform from the inside out and rarely have they suceeded. If kings with absolute power almost always fail with such a method, what chance do a puppet elected Sultan like Najib?
The plans and ideas was never workable. It was essentially plans and ideas designed not out of achieving a goal but rather out of the pressures to change and those that refuse to change. There was never enough room to manouvre between the conflicting forces in the first place.
The third rail of Malaysian politics must run its course. Only at the brink will we be forced to change. Its that way in politics everywhere and more so for us.
One other thing. Ibrahim Ali charge Nazir as a product of NEP. My answer is unfortunately he Ibrahim Ali is also a product of NEP and one too many..
The dilemma for Malays is that whether they depended on NEP or not, they are deemed to be product of NEP. Had NEP been implemented based on needs, people like Nazir, a son of a Prime Minister and brother of a minister in Malaysian Cabinet, would not have to depend on NEP to get where he was as a graduate.
Whether Nazir gets to the position in CIMB because of NEP is something Ibrahim Ali would have to substantiate. Ibrahim Ali is certain that as a brother of the PM, Nazir benefited from that association. Ibrahim Ali is confident because NEP provided the essential excuse for nepotism as well as a cover for corruption. Yet Ibrahim Ali wants the NEP system to stay so that those who are powerful would become more so, and he expects Malays, the majority of them do not enjoy the corrupt practices under NEP would support the continuation of the corrupt system just so that non-Malays would suffer more under the system. Curiously, the perverted mindset of Ibrahim Ali does have support among Malays in the country.
If not for NEP many of them = taxi-drivers
Without NEP, E-Ali = fisherman
PM’s NEM and 10MP are all overcooked.
Johnnypok, I think there is nothing wrong in being taxi-drivers and fisherman as long as one is making an honest living. Better than than dishonest smart looters.
I agree with ringthetill comments.
In life, it is impossible for everyone to become a doctor or lawyer as the world will be an impossible place to live in.
What we need is a society that respects every person who is helped to develop to the best of his/her own ability.
Of course people must also learn to raise the number of children that they are financially and emotionally capable of nurturing.
We have too many Malaysian children being created in the belief that the Bankrupsi Negara government will take care of them.
But the government is not able to do that as we have the least capable people appointed to government posts and even cabinet ministers are highly suspect.
If there was any sincerity to make changes, there was no need for the 1 Malaysia publicity! Changes can flow into any system steadily without all those political fallouts. this has obviously back-fired. And BN has been famous for using Advert as means to suck out the cash by paying all those slogan makers millions and then ask for kickbacks. There has to be politocal WILL and obviously this PM has not what it takes for obvious fears of backlashing. You don’t need to be rocket scientist to apply the simple rule that the first rebel will be investigated or BUNGKUSed; just like the rule he applies to the Opposition.
I truely believe in the RAHMAN theory, N stood for the PM and the dynasty ends with it. All the utterances by BN are self-defeating and they still go about it as if nothing has changed since the tsunami of 08! in this world of IT and the number of Universities, no matter their quality, at least they can read and operate the computers;you can’t continue with the same tactic. Well they still do! so what is the reason? Bankrupt! bankrupt of simple common sense! And to all Malaysians, if you accept such environment for the next 10 years, your place beside Zimbabwe will be guaranteed and written in steel plates from the courtesy of Perwaja! that is if that plant is still in working condition. Or should i say from TDM!!!
///In life, it is impossible for everyone to become a doctor or lawyer as the world will be an impossible place to live in.///
I agree especially in a case of our nationally renowned lawyer whose statement that he cannot tell lies on the law just for PR [ref The MalaysianInsider Report by Clara Chooi June 21, 2010] is less than convincing to me when judging by the way he presses strenously the issue of Tian Chua’s disqualification in public almost makes him look as if he is a Public Prosecutor direct from AG’s chambers out to end Tian Chua’s political career for good!
I cannot understand why he kept citating a 1975 case is more relevant law when a more recent 1993 case of equally high standing exculpate a fellow PR’s politician.
If disqualified, Tian Chua cannot by our by election laws be permitted to re-contest for another 5 years!
His “prestigious” opinion is forcing the poor chap Tian Chua to appeal against the decision by Judge Ghazali Cha who obviously wants to help him. If he appeals – under whatever pretexts- there is no certainty that the higher appellate Court will not impose a yet heavier sentence on him the next time around.
He is presenting Tian Chua nothing less than a Hopson’s Choice!
There are also equally “prestigious” opinions of Constitutional Lawyer Dr Shad Saleem & Bar Council president, Ragunath Kesavan who dont agree with your legal luminary that his legal opinion has the stamp of legal finality on this matter of disqualification!
I would support your national chairman if he were absolutely right. However the law as laid down is not always right. As HJ Angus said before it can be an ass. He ought not to trenchantly try to uphold a piece of law way back in 1975 that does not sound right esp when there is an alternative case law in PP vs Leong Ying Ming (1993) drug case that (in my view) interpreted right – that the phrase ‘not less than five years’ would mean at least five years and one day!
What is disconcerting is your own political opponents (BN) are not pressing the issue to disqualify Tian Chua – so why does the DAP?
Because the truth about the law? There are many facets to it – this so called truth
To me its plain construction that in context of article 48 of Constitution “NOT less than RM2000? mans disqualification kicks in only after RM2000 is exceeded by a Sen!
In light of the differing opinions he ought not to dogmatically insist that he holds the truth of the law epecially when it injures so irreparably a fellow POR’s political career. It is not as if Tian Chgua is defecting or something like that that it is in PR’s interest to see his disqualification go through at this moment in time!
I am sorry that I have to reopen argument in this thread on this important public issue that pertains to the larger issue of the unity of Pakatan Rakyat itself – when any attempt on my part to do so under the earlier thread “Tian Chua’s status as MP”, I get moderated !
The problem among us is article 153.
Why cant anyone clarify with UK administration is article 153 temporary to help Malay, must review times to times by agong with cabinet to reduce quota in times till phase out?
If Najib does not want to listen to the Opposition, he should at least listen to his banker brother’s advice – the 10MP should be based on the ideals of the NEM and not the NEP.
Najib’s younger brother, Nazir, said the NEP has been unfair to the majority of Malays and the time has come for the government to protect the interest of the majority of the Malays and not just selected few. He said some Malay professionals residing overseas refuse to return home thinking that the NEP is not for them but only to selected Malay groups, so they are better off working overseas. He added that he had met a Malay professional overseas who refused to return to Malaysia because he was of the view that successful Malays were not welcomed in the country.
Nazir claimed that the NEP, introduced during the premiership of his father Tun Abdul Razak Hussein in 1971, has deviated from its original objective.
“Why cant anyone clarify with UK administration is article 153 temporary to help Malay, must review times to times by agong with cabinet to reduce quota in times till phase out?”
The UK government had its own agenda for including such a clause. As an independent nation we should be fully capable of studying any article of the Federal Constitution and amending it as necessary after a proper debate.
There is really nothing seriously wrong with the FT(except for the amendments made by siapanama)and even the NEP except that the very people( read Bankrupsi Negara government) we entrusted with so much powers decided to help themselves at the till.
That is why after 39 years of NEP I guess only 15% of Bumis have really benefitted; ranging from the high positions in government and GLCs and the private sector where talented people know how to work the NEP ropes.
Since we are talking about value added and performance, I like to refer to the analogy of Najib denial and the sports-betting license issue with Bill Clinton’s ‘I did not have sex’ statement.
I put it that the analogy is forgiving because what Najib did was much worst than what Bill Clinton did. Bill Clinton act, disgusting it may be, was not an impeachable act as it was a personal act. Yet Bill Clinton was still censured for lying. Najib actually lied on a matter of public policy – it violates his oath of office and should be an impeachable act in a proper system
If Najib does not understand the meaning of performance and responsibility on his own part given the many times he has broken the law in public (Hulu Selangor, Sibu etc.) including this lying about the sports-betting license, how the hell is he going to get anyone else to perform? Can a black pot tell the Kettle to get shiny again?
Frankly I think the malay’s dilemma is focus on some of these problems despite NEP for decades,they still cannot get on your feet pretty well ,let alone compete with others.Billions of ringgit have been spent for them,economically,socially and culturely,yet today they are still lacking behind others. Most malays are jobless and un-employable. ,most are drug addicts,most are mat rempits and most of them still live and lofting in both kampong and town . The Malays are wondering how on earth is all these ugly things are happening to them . And why others despite no NEP protection or affirmation protection are doing well. I think this may be the main reason why Ibrahim Ali and Perkasa are hating the non malays. But he must be realistic and not just feel jealous and emotional to disrupt the harmony between the malays and non malays. I think the malays should look into all the GLCs assets which are being held by the government on their behalf. They should also take a closer look at all the boards of directors who have amassed huge welath and fortunes,together with their political masters.They should question them how they can have all these wealth and forture while they (the malays) are still depending on subsidies and cluthes. I think the malays should remain pretty awake with both eyes truly open and smartly monitor and question all their political leaders who implement all the affirmation action on their behalf under the new NEM. I think failing which the malays will remain as they are or worst in the next five decades.
Part of the reason for the problems of the Malays is socio-cultural-religious in any study to help them overcome their difficulties.
1.The religion allows more than one wife and this usually creates many broken families; as usually the first wife does not give consent and is divorced. Any single mother of whatever race is under severe mental and economic stress as she has to play the role of both parents.What is the percentage of fathers who pay alimony promptly? Children will tend to be neglected and must likely not complete tertiary education.
2.They believe in Insha’Allah and tend not to strive to achieve difficult goals – mostly left to fate.
3.The Bankrupsi Negara government has been encouraging the 70mil population instead of teaching responsible parenting – ie you have as many children as YOU are capable of nurturing and nourishing at least to complete junior college education.
I believe the 70mil target was to ensure the local market is large enough to support Proton’s survival and Perwaja’s prospering and also profit all the tolled highway operators.
Our national debts over 300 billions tell you how badly Umno-BN kill the next generation no matter what race you are.
What more to prove? keep on voting for BN means digging bigger hole to bury your son or daughter faster.
Who do blame? of course the voter lah.
QUOTE: “The signature theme of Datuk Seri Najib Razak on his accession as Prime Minister in April last year was the national transformation of Malaysia, which is anchored on four critical pillars.”
Four pillars that cannot stand on its own and topples when there is a breeze…
“the chinese would take over the economy and country”…
how will they do that? an entire business family members i knew will be migrating one by one to australia for better prospect and fair treatment.
Psst. Pssst. I hv a secret to tell. Its about jib. The gap between reality and dream may be wide but it is no problem to jib. Ever wonder why Elastiboy never shows up in the Mr Incredible’s world. Jib is Elastiboy. And he is here in malaysia. That’s why.
.They believe in Insha’Allah and tend not to strive to achieve difficult goals – mostly left to fate///by HJ Angus.
I think you are correct to say this as I think anyone,let alone the malays who believe in fate to determine the up and down of their livelihood will become doom. Reason is fate is a state of mind,not real,it’s an illusion and it’s only a mirage. I think the malays should accept “faith” rathan than “fate” to determine their livelihood. As faith in GOD is positive.GOD wanted all of us to be loving,sharing,caring and healthy. HE also wanted us to have faith in him in order that we can succeed mentally,physically and economically.
sorry typo:
Children will tend to be neglected and must likely not complete tertiary education.
The correct word is “most” not “must”
It is an arithmetic issue with regard to when disqualification kicks in based on Article 48. When one says that something not less than 2000, it means 2000 is the lower bound. Thus with a fine of 2000, Tian Chua has just reached the qualification with not a single cent to spare. However, as the judge mentioned that he did not want Tian Chua to lose his position as MP and he fined Tian Chua 2000 ringgit. Since the decision of the judge is final unless appealed upon, the appeal should be whether the judge was right to stick to the figure of 2000, or should it not be a fraction of one cent less than 2,000 so that his intention of not disqualifying Tian Chua based on article 48 could be upheld. The question now is can the Speaker of the parliament ignore the judge’s decision in setting the sentence with the intention to keep Tian Chua’s position as MP intact?
The Speaker of the Parliament has to take cognizance of what’s the law.
Though Judge Ghazali Cha’s expression of intent to keep Tian Chua’s position as MP intact throws light on how he might have viewed and interpreted the words “not less than RM2000/-” it is still a thing a part from the separate question of what the law really is in relation to these words and whether the Judge has interpreted it correctly.
Justice Gunn Chit Tuan in the more recent drug case of PP vs Leong Ying Ming (1993) had decided the principle – that the phrase ‘not less than five years’ would mean at least five years and one day! The principle in that 1993 case is consistent with the way Judge Ghazli Cha has interpreted it to stop short of disqualifying Tian Chua. Being more recent and also decided by the highest authority of Supreme Court, that is the law. It also makes sense (at least to me).
Senior lawyer KS is entitled to his opinion that Tian Chua has been disqualified by reason of a much earlier case in 1975 (in which KS was lawyer) relating to Fan Yew Teng (also fined RM2000) that supposedly decided another way.
However although KS an esteemed lawyer it does not mean that his opinion that Fan Yew Teng’s case is still good law is correct, or that the Speaker of Parliament should heed.
Tian Chua should just take it that the law is as stated in the 1993 Leong Ying Ming case, and that he is not disqualified. Those (whether Speaker or EC) who think otherwise – like KS – is at liberty to appeal or apply to any apex court to declare otherwise if they have the legal standing to so appeal or apply.
The matter disconcerting as far as I am concerned is the manner in which KS so vigorously and publicly insist he’s right that Tian Chua is disqualified.
He’s not Tian Chua’s counsel. Neither is he government’s lawyer. Or the public’s lawyer!
What duty is there on his part to take such a course to so declare Tian Chua is disqualified (which is so detrimental to fellow PR member’s political career)? Even the Bar Council whose public and statutory duty it is to elucidate to public and take positions on big issues of law has not taken such a position that KS has taken with the stamp of legal finality heedless of opinions of others equally erudite in the law who think otherwise.
I can’t respond to Loh’s comments. Somehow my comments on this issue, more often than not, are, perhaps coincidentally, subject to moderation.
Current trend of KLSE reacted clearly shown that najib is utilize all the goverment back funds like PNB, LTAT, EPF, PETRONAS, KHAZANAH etc to support the market which is very dangerous if any crisis hit the region. All malaysian will be make bankrupt overnight. Malaysia economy doesn’t seems attractive base on the outflow and FDI contradict plus national debts been widen since mahathir era and khazanah conglomerate failure and military unnecessary wastage in billions and felda saving funds decline to few hundred million and PKFZ, PERWAJA, PROTON, SIME DARBY, many white elephants, also oil rigs and blah blah bla…cannot remember too many.
One financial tsunami crisis hit the country, all poor malaysia will become beggars and sell their daughter to prostituition just to earn a living. Don’t Play Play with our money bro….
If one look at it from another angle this flip-flop policies and collapsing pillars can be a blessing in disguise for PR. A lot of these policies were taken from PR manifestos and philosophy. If they are really implemented by BN it will take the wind out of PR’s sail and make the next GE so much tougher for PR. However, I must say there is really nothing for PR to fear because BN will never take these route because their leadership would not have been there if not for excellence in corruption, patronage-its distribution, stupidity, indecisiveness and racist. They are simply too stupid to do the one thing that can help them retain power in the next election and that is simply rule the country well.
Like the collapsed of roof tops of stadium.. ..schools…and multi billion building leaks….the Ist pillar of Najib’s “I Malaysia. People First. Performance Now” will collapse as reasons are plenty..no need for me to repeat.
Let them keep on trying to fool Malaysians as much as they want.
Sibu miracle is Malaysians inspirations and aspirations.
I would suggest that opposition start a blog focusing on scrutinizing BN spending. Call it blog.BN$Watcher.com.
Each and every potential spending greater than RM0.1Million should be highlighted in this blog for public scrutiny and public pressure. The objective is to deter BN from spending tax payers’ money!
I believe this is a more effective use of blogs. Take actions to stop BN from spending our money!
Public scrutiny on RM800M parliament building is one good example of fruitful effort by bloggers.
It is the duty of the opposition to dig for potential $spending by BN and report them in the Blog.BN$Watcher.com for public scrutiny.
I do hope it will be done!
To ALL readers & commentators : Complained and whinned ALL you want,there is NOTHING,absolutely NOTHING you ALL can do. However there is one and ONLY one thing which we ALL can and SHOULD do viz is start your own “VOTER-get-VOTERS” campaign for PR. Do it not tommorrow but NOW cos GE13 is just around the corner..closer than you think. Start this ” VOTER-get-VOTERS 4 PR” campaign NOW by chain emails,sms,words of mouth to everyone….for a BETTER Malaysia..Join us at “VOTER-get-VOTERS for a Better Malaysia ” in facebook.
Malaysians who keep voting 4 UmnoB/BN won’t cry until they see d coffin
By then d nation is bankrupt