When the highest court in the land could bring down the Government of the day

by N H Chan

The front page of the Star newspaper of Friday, 17 April 2009 carries this startlingly outrageous decision of the Federal Court. The headline proclaims “Court: Siva does not have right to suspend seven”. The report reads:

PUTRAJAYA: The Federal Court has unanimously ruled that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly.
It granted a declaration that the seven assemblymen were entitled to take part in all the assembly sittings and to carry out their duties.
Court of Appeal president Justice Alauddin Mohd Sheriff, who chaired a five-man panel yesterday, said the Speaker’s decision to suspend the seven applicants was ultra vires (outside the law) and invalid.
… The other judges were Chief Judge of Malaya Arifin Zakaria and Federal Court Judges Nik Hashim Nik Ab. Rahman, S Augustine Paul and Zulkefli Ahmad Makinudin.

This is a perverse judgement of the Federal Court. It is perverse because it is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution which says,”The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”. The judges of the Federal Court have failed the people and the government of this country when they chose to ignore the law of the Constitution of Malaysia. In other words the judges have refused to do justice according to law.
Continue reading “When the highest court in the land could bring down the Government of the day”

Usurper Perak MB convening Assembly on 7th May – Federal Court decision against Perak Speaker defective, null and void

Following the Federal Court decision yesterday that the Perak State Assembly Speaker V. Sivakumar does not have the power to suspend the usurper Perak Mentri Besar Datuk Zambry Abdul Kadir and his six state executive council members from attending the assembly, Zambry is seeking to convene the Perak State Assembly on May 7.

However, the Federal Court decision yesterday is defective, null and void.

Firstly, it was not the Speaker who suspended Zambry and his six executive council members, but the Perak State Assembly Committee of Privileges on Feb. 18.

In striking out the purported suspension order of the Perak State Assembly Speaker, the Federal Court was striking out an order that does not exist – as the suspension order was that of the Committee of Privileges.

Zambry and his six exco members had sued the wrong party and as a result, has got a Federal Court order against the wrong party. Continue reading “Usurper Perak MB convening Assembly on 7th May – Federal Court decision against Perak Speaker defective, null and void”

Mahathir playing for very high stakes – attacks “several unsavoury characters” in Najib Cabinet

Former Prime Minister, Tun Dr. Mahathir Mohamad has opened fire on the Najib premiership, expressing his disappointment that Datuk Seri Najib Razak’s Cabinet appointments include several “unsavoury characters”.

In his blog, Mahathir said the inclusion of these “unsavoury characters who had been accused of being corrupt while in the previous government” had negated any desire to rid Umno of blatantly corrupt politicians.

Mahathir said the Najib administration should be aware it has less than three years to regain the support of the public and that it had missed a good opportunity for regaining public backing for BN by “excluding dubious characters.”

Mahathir’s disapproval of the Najib Cabinet has intensified in a matter of days. Continue reading “Mahathir playing for very high stakes – attacks “several unsavoury characters” in Najib Cabinet”

A Heartening Election – Indonesian voters turn away from religious extremism

by Sadanand Dhume
Wall Street Journal Asia
April 15, 2009

Against a backdrop of missile launches on the Korean peninsula and violent protests in Thailand those looking for a spot of calm in Asia may alight on an unlikely candidate: Indonesia. Largely peaceful parliamentary elections last week — the third consecutive free polls since the end of Gen. Suharto’s 32-year rule in 1998 — highlight the strides made by a country that not so long ago was in danger of becoming a byword for chaos and random violence, a Southeast Asian Nigeria or Bangladesh.

Most heartening of all has been the Indonesian electorate’s affirmation of its legendary moderation. The top three parties in the incoming parliament — President Susilo Bambang Yudhoyono’s Democrat Party, former president Megawati Sukarnoputri’s left-leaning Indonesian Democratic Party of Struggle and Suharto’s former political machine, Golkar — are all nonsectarian. They stand for the country’s founding ideology, the live-and-let-live doctrine of Pancasila, and draw their supporters from each of the country’s five major faiths. Islam-based parties saw their cumulative vote-share shrink to about 20% from 38% five years ago. Mr. Yudhoyono, known as the “gentle general” for his military past and avuncular manner, is the overwhelming favorite to win July’s presidential election. Continue reading “A Heartening Election – Indonesian voters turn away from religious extremism”

BN biggest “ethnic prison” – why Najib Cabinet failed 1st KPI over Utusan’s inflammatory “Bangkitlah Melayu” headline

Nobody doubts that if the Chinese and Tamil press had yesterday published on their front page the headlines “Chinese Arise” and “Indians Arise” respectively like Utusan Malaysia’s front-page headline “Bangkitlah Melayu”, followed by a report calling for greater unity among the race to face the other races, this will be a major and instant agenda in yesterday’s first meeting of the Najib Cabinet meeting followed by dire consequences for the Chinese and Tamil newspapers concerned.

No Minister will raise any objection that stern and immediate action be taken against the Chinese and Tamil papers for publishing such inflammatory and racist material, especially as it would be making a complete mockery of the overarching philosophy of the new Prime Minister, Datuk Seri Najib Razak announced only 12 days earlier.

Why then the double standards by the Najib Cabinet as the chauvinistic and inflammatory Utusan Malaysia front-page headline and report were not raised at all at yesterday’s meeting?

After the Cabinet meeting yesterday, Najib called on Malaysians to break away from being in an “ethnic prison” and to think as one. Continue reading “BN biggest “ethnic prison” – why Najib Cabinet failed 1st KPI over Utusan’s inflammatory “Bangkitlah Melayu” headline”

Congrats OTK – the gall to accuse others “politically bankrupt” when MCA could garner at most 5 or 6% of the Chinese votes in Bukit Gantang by-election

It is said that a politician who is cornered often make ferocious statements or wild allegations to cover up his weaknesses or mistakes.

This is what MCA President Datuk Seri Ong Tee Keat did in the last two days in his blog postings, accusing me on Tuesday of being “politically bankrupt” and alleging yesterday that I am behind a mysterious conspiracy to lay a trap bent on using him “to pit a particular community against certain national leaders”.

Let me advise Tee Keat to sober up and not to be so paranoid, as he is acting like children who see shadows from the trees at night and imagine monsters from noises in the closet. Continue reading “Congrats OTK – the gall to accuse others “politically bankrupt” when MCA could garner at most 5 or 6% of the Chinese votes in Bukit Gantang by-election”

Indonesian Elections: Dreaming of Gajah Mada in a Modern Democracy

By Farish A. Noor

While doing fieldwork on the island of Madura last week, I stopped for a while to do one of those necessary things we all need to do sooner or later: get a haircut. My colleague and fellow academic Toharudin and I stopped by a small, somewhat forlorn barber’s shop in Sumenep and set down on the rickety chairs as we were shaved and made to look semi-civilised at least.

In due course, the conversation with the barber turned to politics and the recent elections of 9th April. Pak Sulis, the barber, opined thus: “I am happy that the Partai Demokrat (Democratic Party) won the highest number of votes for the Parliamentary elections, and I hope SBY (Susilo Bambang Yudhoyono) will be elected as the President. He has done so much for the country: brought peace to Aceh, fought against corruption, and he needs another term to consolidate and build the country further. We need continuity now; the five years after the fall of Suharto were too traumatic for people like me.”

Pak Sulis’ opinion was matched by the electorate who gave the Partai Demokrat the highest number of votes and consequently seats at the recent elections. But what was interesting for me was how this man – who admitted that he was semi-literate and whose education stopped at the age of 11 – was more concerned about actual political results than empty rhetoric. Pak Sulis, like millions of ordinary Indonesians, want to see their democracy succeed. And to make their point the Indonesian people voted for the three main parties whose ideologies were secular, nationalist and development-oriented. All in all the sectarian nationalist parties and the Islamic parties that were seen as being religiously sectarian were ousted. Continue reading “Indonesian Elections: Dreaming of Gajah Mada in a Modern Democracy”

“1Malaysia” means “Arise Malaysians” or “Arise Malays”, “Arise Chinese”, “Arise Indians”,”Arise Kadazans”, “Arise Ibans”?

Although the Prime Minister Datuk Seri Najib Razak announced that “1Malaysia. People First. Performance Now” is the overarching philosophy of his premiership, the two following headlines of two newspapers today illustrate the two extremes of interpretation of his “1Malaysia”:

1. “Najib – I am Prime Minister of all communities. Urges people to break race barriers to foster unity.” Sin Chew Daily headline (p 3) of Najib’s Vasakhi speech at Tait Khalsa Diwan in Kuala Lumpur yesterday.

2. “Bangkitlah Melayu – Bersatu hadapi tuntuan kaum lain yang semakin terlaluan”Utusan Malaysia front-page headline which carried the following three quotes on the front-page:

• “Dalam keadaan sekarang ini, orang Melayu berhadapan banyak cabaran semasa dan kita perlu mencari cara untuk memastikan kaum itu tidak berpecah-belah” – Syed Anuar Syed Mohamad, Timbalan Presiden Gabungan Pelajar Melayu Continue reading ““1Malaysia” means “Arise Malaysians” or “Arise Malays”, “Arise Chinese”, “Arise Indians”,”Arise Kadazans”, “Arise Ibans”?”

Bidayuh upset over exclusion

By Jacob Achoi | The Borneo Post

MPs from community feel a Bidayuh should be in the cabinet

KUCHING: Prime Minister Datuk Seri Najib Tun Razak has derailed the One Malaysia concept when he excluded the Bidayuh from his cabinet, a Bidayuh MP said yesterday.

Dr James Dawos Mamit, the Mambong MP and Sarawak’s environmental advisor, said while there was no doubt that the prerogative to appoint members of his cabinet is Najib’s, by not appointing one from among the three Bidayuh MPs the prime minister had made the One Malaysia concept look like just mere rhetoric.

“To me, he (Najib) has derailed the concept of promoting One Malaysia … to promote unity and the concept of all races working together,” he said when met at Dayak Bidayuh National Association (DBNA) headquarters where he attended the Pesta Birumuh appreciation dinner Sunday.

“Whether it (One Malaysia) is mere rhetoric or not, I don’t know, but it does look like it is now,” Dawos stressed, adding that a One Malaysia could not happen if some communities, even how minority, was not given the chance for equitable participation in the business of running the country at the highest level of government. Continue reading “Bidayuh upset over exclusion”

When justice is not administered according to law

by N.H.Chan

The story unfolds with the application of three turncoat members of the Perak legislative assembly for a declaration that Speaker Sivakumar’s order, which was made in the legislative assembly, that their seats in the assembly have become vacant because they have resigned was illegal. Here is the report from the Sun newspaper, Thursday April 2 2009:

IPOH: The High Court yesterday dismissed the application by Perak State Assembly Speaker V Sivakumar to strike out an original summons brought by the three independent assemblymen, seeking a declaration that Sivakumar’s order to declare their assembly seats vacant was illegal.
Justice Datuk Balia Yusuf Wahi set April 8 to hear the suit by the assemblymen Mohd Osman Mohd Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang) against the speaker.
He also dismissed an application by three former Pakatan Rakyat state executive Councillors . . . and three registered voters to intervene in the case, ruling that they are not interested parties as claimed.
Sivakumar had declared the three state seats vacant based on their pre-dated resignation letters as the three assemblymen were formerly from the ruling coalition. Their resignation from their parties caused the balance of power to shift to Barisan Nasional.
Sivakumar had informed the Election Commission (EC) to call for fresh elections for these three seats but the EC declined and said the seats were not vacant. The three assemblymen then referred their suit to the High Court here for a ruling that they had not vacated their seats as declared by Sivakumar.

I don’t have to tell you how to judge the judge. You must know by now how to do it if you have read my articles in the internet. You will know he is a bad judge if he behaves unfairly to one side as against the other. It is your perception as a member of the public that matters and not what the judge thinks of himself. A judge who does not appear to be fair is useless to the judicial process. As such he is a bad judge and is therefore unfit to sit on the bench. The other essential qualification of a judge is to administer justice according to law. That said, we can now judge this judge.

Article 72, Clause (1) ofthe Federal Constitution clearly states:

Continue reading “When justice is not administered according to law”

How many Ministers like Muhyiddin and Tee Keat who cannot pass UPSR as they do not know the meaning of “membalas budi”?

What Malaysians want to know is how many Ministers in the 29-strong Najib Cabinet are like Deputy Prime Minister Tan Sri Muhyiddin Yassin and the Transport Minister Datuk Seri Ong Tee Keat who cannot pass UPSR (Ujian Penilian Sekolah Rendah) as they do not know the meaning of “membalas budi”.

Any ordinary Std. 3 or 4 primary school student would know the meaning of “membalas budi” or “mengenang budi” which would have been discussed in their moral education classes and it is inconceivable that a primary school student could pass the UPSR if he or she does not understand the meaning of this term.

It is most shocking therefore that the new Deputy Prime Minister who is also the new Education Minister is so “challenged” as to be unable to properly understand the meaning of this term. Even more shocking, the MCA President who is wont to flaunt his literary skills, also finds it difficult to fully understand this term and its implications which any primary student should know. Continue reading “How many Ministers like Muhyiddin and Tee Keat who cannot pass UPSR as they do not know the meaning of “membalas budi”?”

Muhyiddin’s remarks shows BN still does not get it

By Dr Toh Kin Woon
In MalaysianInsider

APRIL 14 – In a recent interview with the Malay language Mingguan Malaysia, our country’s newly minted Deputy Prime Minister, Tan Sri Muhyiddin Yassin, claimed that he was at a loss as to why the Chinese voters failed to support the Barisan Nasional in the recent by-elections for both the parliamentary seat of Bukit Gantang and the state constituency of Bukit Selambau, despite the BN pouring millions to the Chinese schools.

He further suggested that perhaps Malaysian Chinese wanted to play the role of kingmakers in elections.

I find these statements by the DPM distasteful and an insult, not just to the Malaysian Chinese community, but to all Malaysians.

This latest outburst also manifests either a total lack of understanding of the demands of the electorate of all ethnic groups on the part of Umno, or an inability on its part to respond with progressive measures, or both. Continue reading “Muhyiddin’s remarks shows BN still does not get it”

Najib’s disappointing start

by Bridget Welsh
Guardian
Tuesday 14 April 2009

After appointing a lacklustre cabinet, Malaysia’s new prime minister refused to answer questions from the media

Malaysia’s sixth prime minister, Najib Tun Abdul Razak took office earlier this month, replacing Abdullah Ahmad Badawi. In Najib’s first week, he failed key tests that show he can be his own man. He lost important by-elections, failed to address persistent scandals and selected a cabinet of lacklustre appointees that has not evoked confidence. He ran away from the press, declining to address basic questions about his government.

This poor beginning raises serious questions about his leadership and calls into question his ability to deliver on the reforms that are critical for Malaysia’s future. Continue reading “Najib’s disappointing start”

Education of the new Education Minister

Deputy Prime Minister Tan Sri Muhyiddin Yassin has resorted to the classic but contemptible ploy of unprincipled politicians of blaming the press for twisting his words when he should have been honest and humble enough to own up and apologise for making what former Penang Gerakan Exco member, Dr. Toh Kin Woon, had rightly described as “insulting” and “distasteful” statements in the Mingguan Malaysia interview about the role of the Malaysian Chinese voters in the Bukit Gantang and Bukit Selambau by-elections and the “new political scenario”.

Muhyiddin had compounded his mistake and now owes a second apology – the first apology for the most retrogressive, racist and offensive remarks about the Chinese in the Mingguan Malaysia interview and the second apology to the Chinese media, for wrongly blaming them for distorting what he had said in the interview.

Even worse, he had dragged the MCA President and Transport Minister, Datuk Seri Ong Tee Kiat into the cauldron who should also make a public apology.

It has been reported that Muhyiddin today hit out at the Chinese papers for twisting his words and putting him in a bad light among the Chinese community. Continue reading “Education of the new Education Minister”

8 tests for Najib Cabinet

Open Letter to Prime Minister and Cabinet

YAB Datuk Seri Najib Razak and Cabinet Ministers, Putrajaya.

YAB/YB,

Firstly, let me start by congratulating Datuk Seri Najib Razak for his appointment as Prime Minister and all the Ministers of the first Najib Cabinet.

The Najib Cabinet saw the removal of seven Ministers in the old Abdullah Cabinet, namely Datuk Seri Syed Hamid Albar (Home); Datuk Seri Azalina Othman Said (Tourism), Senator Tan Sri Muhammad Muhammad Taib (Rural and Regional Development), Senator Datuk Amirsham Abdul Aziz (Prime Minister’s Department), Datuk Ong Ka Chuan (Housing and Local Government), Datuk Mohd Zin Mohamed (Works) and Datuk Seri Zulhasnan Rafique (Federal Territories).

No one shed any tears for the dropping of the seven Ministers in the Abdullah Cabinet.

However, Malaysians are outraged at the new set of Ministers in the Najib Cabinet, for they are not only another set of “old faces” but include 11 new Ministers or Deputy Ministers who entered Parliament from the backdoor of the Senate.

Worse still, they include “political rejects” like Tan Sri Dr. Koh Tsu Koon, Datuk Seri Shahrizat Abdul Jalil, Datin Paduka Chew Mei Fun and Datuk Dr. Awang Adek Hussin who were trounced by the electorate in last year’s political tsunami in the March 8 general elections, making the Najib Cabinet even more unrepresentative and unpopular than the second and last Abdullah Cabinet.

As a result, no new Cabinet in the nation’s 52-year history could have got off with a worse start than the present one.

Continue reading “8 tests for Najib Cabinet”

Perak power grab – PR setback in Federal Court

Newsflash

The Federal Court has just dismissed the preliminary objection and ruled that it has the authority to hear an application seeking to lift the suspension of usurper Perak Menteri Besar Zambry Abd Kadir and his exco members from the state assembly.

The suspension was made by Perak State Assembly Committee of Privileges and announced by Perak Speaker V Sivakumar after Barisan Nasional had formed the state government in February without the assembly being dissolved.

The usurper MB was suspended for 18 months and his usurper Exco members suspended for one year.

The Federal Court will now decide on the merits of the application by Zambry and his Exco.

Najib’s 1Malaysia – does it mean “Ketuanan Melayu”?

The interview given by Tan Sri Muhyiddin Yassin in Mingguan Malaysia yesterday “Kuasa penentu Melayu hilang jika terus berpecah” may be appropriate coming from the Umno Deputy President but clearly unsuitable, most shocking and even offensive coming from the Deputy Prime Minister of a plural Malaysia after more than half-a-century of nation-building and national unity efforts.

The following Q & A is one good example:

Q. Tetapi bukankah setiap kali pilihan raya kecil, permintaan kaum bukan Melayu dipenuhi, malah di Bukit Gantang walaupun peruntukan RM1juta diberikan tetapi kaum Cina tidak juga menyokong BN?

MUHYIDDIN: Ya, kadang-kadang kita berasa terpedaya juga kerana zahirnya nampak macam ‘ok’, sambutan dengan tepukan gemuruh tetapi mungkin sudah ada tertanam dalam hati iaitu sesuatu tidak mudah hendak berubah, pokoknya masalah isu Perak terutamanya di kalangan masyarakat Cina yang mungkin telah dipengaruhi dengan sentimen simpati kepada Datuk Seri Ir.Mohamad Nizar Jamaluddin, kononnya dia ‘dijatuhkan’, lepas itu kononnya dasar memberi pegangan tanah selama 99 tahun dilihat dasar yang menguntungkan.

Ini yang mungkin menyebabkan sukar BN mendapat sokongan walaupun kita fikir bila mereka hendak sekolah Cina dibantu, kita bantu, sepatutnya mereka membalas budi. Pada waktu itu, kita pun tidak berharap sokongan kaum Cina akan meningkat 40 peratus dan sebagainya cuma kita berharap ada peningkatan sedikit tetapi apa yang berlaku ia mencatatkan penurunan, macam tidak ada penghargaan terhadap apa yang kita lakukan.

Oleh itu kita kena kaji psikologi apa yang menyebabkan masyarakat Cina tidak bersedia untuk berubah, pada zaman dahulu tidak begitu.

Persoalannya apakah mereka melihat dalam konteks senario politik baru ini, selepas kerajaan BN tumbang di lima buah negeri, mereka sudah menjadi kuasa penentu? Orang Cina rasa sekarang, walaupun mereka kumpulan minoriti, merekalah menentukan kerana kelompok masyarakat Melayu sudah berpecah tiga kumpulan. Masyarakat Cina tidak berpecah mereka bersatu, setidak-tidaknya dari segi semangat apabila bersama-sama membuat sesuatu keputusan.

Dalam keadaan ini, mereka boleh menentukan keputusan sesuatu pilihan raya dan apabila kesan itu dapat dilihat dalam pilihan raya umum lalu dan beberapa pilihan raya kecil, mereka fikir sekarang mereka lebih ada kuasa penentu, bukan sahaja Cina malah masyarakat India pun begitu, apa tah lagi apabila mendapat kedudukan dalam kerajaan yang ditubuhkan pakatan pembangkang dengan menjadi Timbalan Ketua Menteri, Speaker dan exco kerajaan negeri, jadi ini bagi mereka seolah-olah tawaran yang diberikan oleh pihak sana lebih baik daripada kita pernah tawarkan dalam konteks BN, jadi ini kita harus teliti.

Muhyiddin’s interview has been carried in the Chinese newspapers today, with headlines like “Muhyiddin – Chinese ungrateful to BN” (Sin Chew); “Chinese fooled Barisan Nasional. Muhyiddin – Get benefits but do not vote in support” (Nanyang); “BN feels tricked. Muhyiddin – Satisfy Chinese demands still no support” (China Press) Continue reading “Najib’s 1Malaysia – does it mean “Ketuanan Melayu”?”

The Last UMNO Prime Minister

By M. Bakri Musa

Newly-sworn Prime Minister Najib Razak created buzz when he released 13 prisoners detained under the Internal Security Act (ISA) and lifted the ban on Harakah and Suara Keadilan, publications of the opposition parties. He also promised “a comprehensive review” of the ISA, a statute long abused to silence the government’s critics.

Malaysians long yearning for a change applauded him. There were skeptics, of course.

Alas that was last week. This week the hopes of those citizens were cruelly crushed when they saw the real Najib with the announcement of his new cabinet. Far from being a team that would wow Malaysians, Najib’s cabinet was, as Tunku Aziz put it, “a team of recycled political expendables.” And a bloated one at that!

The skeptics were right; Najib’s earlier act was nothing but a big and cruel tease.

This roster of “political expendables” was the best that the man could offer, from a leader who only a week earlier warned his party that it should “change or be changed.” When given the ultimate freedom to choose his own team, Najib stuck to the tried and true, or what he thought to be so. So this was Najib’s brave version of “Berani Berubah!” (Dare to Change!). Continue reading “The Last UMNO Prime Minister”