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I have been waiting for the revocation of the three Emergency Proclamations for the past 30 to 40 years

I stand to support the motion by the Prime Minister, Datuk Seri Najib Razak to revoke the Emergency Proclamations of 1966, 1969 and 1977.

I have been waiting for the revocation for the past 30 to 40 years.

The Barisan Nasional MP for Tangga Batu Datuk Idris Haron who just spoke misled the House when he said that Barisan Nasional stands for consistency.

This is because the byword of Barisan Nasional and UMNO is not consistency, but inconsistency and hypocrisy, particularly on the issue before the House – the revocation of the Emergency Proclamations of 1966, 1969 and 1977.

On 28th and 29th June, 1979, my motion to repeal the four Proclamations of Emergency of 1964 (concerning the Indonesian Confrontation), 1966 (Sarawak political crisis), 1969 (May 13 Riots) and 1977 (Kelantan political crisis) was debated in Parliament for two days but all the Barisan Nasional MPs spoke and voted against it.

But today, all the Barisan and UMNO MPs are supporting the revocation of the Emergency Proclamations.

Who is being inconsistent? Continue reading “I have been waiting for the revocation of the three Emergency Proclamations for the past 30 to 40 years”

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Let Parliamentary Select Committee review Peaceful Assembly Bill

By Proham | November 23, 2011
The Malaysian Insider

NOV 23 — Proham views with grave concern the proposed Bill on Peaceful Assembly fails to reflect the true spirit of human rights that is consistent with the Universal Declaration of Human Rights, the Federal Constitution and the promise of the Prime Minister to institute democratic reform.

However, Proham acknowledges that the proposed bill recognises the citizen’s right to organise an assembly or participate in an assembly peacefully, although it makes it very difficult in practice.

The withdrawal of the permit to assemble is welcomed and reflects the PM’s commitment to further democratic reforms. However this is substituted by a whole range of pre-conditions and prior approvals, and restrictive legal provisions , including strengthening the powers of the police, that will severely discourage and dissuade the freedom of peaceful assembly, which is a basic human right.
Continue reading “Let Parliamentary Select Committee review Peaceful Assembly Bill”

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Peaceful Assembly Bill 2011: Unconstitutional and anti-democratic

By Tommy Thomas | November 23, 2011
The Malaysian Insider

NOV 23 — Why is it always the case that the Malaysian government, in the guise of improving the freedoms of its citizen, enacts laws that actually erode liberties?

Since 1960 when the Emergency was revoked, only to be immediately replaced by the dreaded Internal Security Act, 1960 (“ISA”), successive governments have taken state action to the detriment of its people. The Peaceful Assembly Bill, 2011, which had its first reading in the Federal Parliament yesterday, is another example of such retrograde law making.

I cannot believe that after 54 years of Merdeka in the 11th year of the 21st century, the Executive has the audacity to present a Bill, which, in its own Explanatory Statement, describes it as “one of the efforts initiated by the government to undertake the transformation of the existing legal framework in relation to the constitutional rights of citizens to assemble”.
Continue reading “Peaceful Assembly Bill 2011: Unconstitutional and anti-democratic”

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Nazri talking through his hat!

By P. Ramakrishnan, Aliran’s President
4 Nov 2011

Nazri has given expression to the saying, “Talking through the hat!” That was what he was doing when he rather foolishly commented on the majority decision of the Court of Appeal which ruled in a landmark case that Section 15(5)(a) of the Universities and University Colleges Act was unconstitutional.

In spite of the Court of Appeal’s ruling, for the Minister of Law to insist that “it does not invalidate the Act” and to dismiss the Court’s decision as “an opinion in passing” is appalling and shocking, exposing his alarming ignorance of the judicial process.

Section 15(5)(a) has been invalidated as unconstitutional by the Court of Appeal ruling – which means that the provisions of that section are no longer applicable and cannot be enforced. That section, as a result of the Court’s decision, is void and invalid.

It is a binding decision and cannot be dismissed merely as “an opinion of the Court” without any consequence. Until and unless the Federal Court overturns or sets aside this ruling – thus upholding the High Court decision – no power on earth professing the democratic tradition can ignore this decision. It is as simple as that!
Continue reading “Nazri talking through his hat!”

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Najib should announce full acceptance and no appeal against landmark Court of Appeal judgment striking down Section 15(5)(a) of UUCA as unconstitutional

The Prime Minister, Datuk Seri Najib Razak, should announce full acceptance and no appeal against the landmark Court of Appeal judgment yesterday striking down Section 15(5)(a) of Universities and University Colleges Act (UUCA) as unconstitutional in violating the constitutional guarantee of freedom of speech.

This will be an early test of Najib’s political will, bona fides and commitment to initiate a sea change of democratization and political transformation which he had promised after the most adverse national and international reactions to the high-handed government crackdown of the July 9 Bersih 2.0 peaceful demonstration for free, fair and clean elections system – with the establishment of the Parliamentary Select Committee on the Electoral System, and the pledges of repeal of the draconian Internal Security Act as well as repeal or reform of the arsenal of repressive laws in the country including the Universities and University Colleges Act, the Police Act, the Printing Presses and Publications Act, the Sedition Act, etc.

Najib should know that all his promises of “democratization and political transformation” have evoked more cynicism, skepticism and disbelief than hope, expectation and belief – and this is because the Najib government has not demonstrated any change of mindset and mentality that the whole apparatus of government has been attuned and oriented to the new challenges of democratization and political transformation.

It is most refreshing and inspiring that the Court of Appeal, through Justice Hishamuddin Yunus and Justice Linton Albert, have spoken out courageously, loud and clear for human rights and the supremacy of the Constitution at this particular juncture.
Continue reading “Najib should announce full acceptance and no appeal against landmark Court of Appeal judgment striking down Section 15(5)(a) of UUCA as unconstitutional”

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Ex-cop: Why is the gov’t afraid to act on Gani Patail?

Malaysiakini
Oct 27, 2011

A former senior police officer alleges that the Najib Abdul Razak administration is not willing to take action to form a tribunal against attorney-general Abdul Gani Patail for his alleged wrong-doings, following fears that it (the government) could also be similarly implicated in such crimes.

Mat Zain Ibrahim, in his open letter sent to Najib last week and made available to Malaysiakini today, claims that he briefed Najib in 2008 when he was still the deputy premier about Gani’s alleged misconduct.

In the open letter titled ‘Rule of Law government breaks its promises’, Mat Zain stated there is a public perception that Najib refuses to take action against Gani (right) because the premier feared the AG may expose some so-called secrets with regard to Altantuya Sharibuu or the Scorpene submarines purchase.

“I am of the opinion that YAB Datuk Seri and the government will do everything possible to avoid any criminal charges being preferred against Gani. The government is worried that should Gani be proven to have abused his powers for cheating or falsification/corruption, then simultaneously the government would then be guilty of having done the same thing since 1990.” Continue reading “Ex-cop: Why is the gov’t afraid to act on Gani Patail?”

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Mat Zain claims Najib knew of AG’s alleged wrongdoings

By Shannon Teoh
The Malaysian Insider
Oct 27, 2011

KUALA LUMPUR, Oct 27 — Datuk Seri Najib Razak said that Tan Sri Abdul Gani Patail should not have been involved in falsifying evidence in Datuk Seri Anwar Ibrahim’s 1998 “black eye” probe, a former senior policeman said today of his private meeting in October 2008 with the prime minister.

Datuk Mat Zain Ibrahim, who has led a one-man campaign to remove the Attorney-General (AG), said he had met Najib, who was then the deputy prime minister, to discuss his allegations against Abdul Gani (picture) and the then Inspector-General of Police Tan Sri Musa Hassan.

“Even though Gani’s intention might been to help the IGP (Tan Sri Rahim Noor), falsifying evidence is still wrong which he should not have done,” Mat Zain quoted Najib as telling him.

The former city criminal investigation chief also quoted Najib as saying “I got to know that (former IGP Tan Sri) Musa (Hassan)’s role was not as bad as Gani’s and I think he can get away with it.” Continue reading “Mat Zain claims Najib knew of AG’s alleged wrongdoings”

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Malaysia’s battle royale

Mariam Mokhtar | Oct 17, 2011
Malaysiakini

The cultural identity of modern Malaysia is like an artist’s palette, a colourful blend of people from different backgrounds, origins, traditions, culture and faiths. There is no denying that our rulers helped shaped the country’s social and historical development. They symbolise unity, pride and national identity.

But our royalty cannot escape living in a goldfish bowl.

If our public institutions are subject to modernisation, evaluation and reform, why can’t we discuss this particular institution – the royal institution?

Why are we perceived as enemies of the state just because we point out the obvious but unspoken facts? Why do intellectually challenged flunkies, who refuse to be dragged into the 21st century, prevent intelligent discourse about the Malay rulers?

Stopping healthy interaction will strain relationships between the rakyat and the monarchy. Hence, this discussion is long overdue.

The royalty cannot dispense with the scrutiny of a rakyat that exacts high standards from them. The royalty must learn to cope in a modern world where the feudal system, class distinctions and other forms of discrimination are outdated. Continue reading “Malaysia’s battle royale”

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Judicial tribunal for AG and Ct of Appeal judge

b) Judicial tribunal into serious allegations of graft and abuse of power against Attorney-General Abdul Ghani Patail

In the past few months, many serious allegations of graft and abuse of power had been made against the Attorney-General Tan Sri Abdul Gani Patail notably by the former Kuala Lumpur CID Chief Mat Zain Ibrahim in a series of open letters, former MACC panel member Tan Sri Robert Phang and blogger Raja Petra Kamaruddin.

These allegations included falsifying facts and evidence in Opposition Leader Datuk Seri Anwar Ibrahim’s infamous “black eye” incident in 1998, the graft case against Shahidan Shafie and the judicial abuses in the Altantunya Shaaribuu murder trial.

Unless Gani Patail take legal action against these allegations, the Prime Minister should set up a tribunal to clear the name of the Attorney-General as these are very serious allegations which if unrebutted can only undermine public confidence in the professionalism, independence and integrity of the Attorney-General but also key national institutions, including the judiciary, the police and the MACC. Continue reading “Judicial tribunal for AG and Ct of Appeal judge”

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At variance with the Constitution

REFLECTING ON THE LAW
By SHAD SALEEM FARUQI
Star
October 5, 2011

The clear intention of the 1957 Constitution was to allocate penal powers to the Federal Government and to confer on the states residual powers over minor syariah offences.

WHENEVER a general election appears to be around the corner, some people find it politically profitable to stoke the embers of controversy about the need for an Islamic state and its accompanying requisite – hudud laws – ie, laws relating to crimes, punishments and rights and duties that are mentioned in the Holy Quran.

Such a season of polemic is with us again and a few observations are in order.

First, it is a fact that since the 80s, many Muslims have been aspiring to give centrality to the Syariah in our legal system.
While this religious quest is understandable, its realisation requires massive legal reconstruction of the basic legal edifice.

We must be open-eyed about these changes and must accomplish them in accordance with, and not in disregard of, the constitutional charter.

Second, respecting the sensitivities and rights of other religious communities and living in peace and harmony with them under a system of just, fair and compassionate governance is also an important requirement of the Syariah.

Example of other Muslim countries where the hudud has been enforced and how hudud’s implementation has impacted on war, peace or social harmony needs to be thoroughly studied. Continue reading “At variance with the Constitution”

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The Premier’s Mistake

By Mat Zain bin Ibrahim

We all make mistakes. It’s only natural as human being, that we have our own weaknesses and that we get things wrong from time to time.

Prime Minister Dato Seri Mohd.Najib Tun Razak,like any other ordinary human being, naturally has weaknesses and do get many things wrong from time to time, albeit not ready to own-up to any of them.However, with due respect, I am of the opinion, that one of his greatest misjudgement was retaining Tan Sri Abdul Gani Patail as the Attorney General.

PM Najib knew all along, well before he assume the Premiership, that the AG have been proven to be involved in some criminal wrongdoings. Despite being warned, that retaining the AG would be an added liability to himself and a big risk to his administration, he chose to let the AG not only to remain in office, but gave the latter wider space.

I know for certain, that the PM was fully advised on this matter. The possibility of the PM not being able to fathom the seriousness of the issue should not arise at all.
Continue reading “The Premier’s Mistake”

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Hudud: Federal vs state legislative powers

Art Harun | October 04, 2011
The Malaysian Insider

OCT 4 — I have stated in my article, “Of wet dream, nightmare and Marty McFly” that the implementation of hudud is a Constitutional impossibility until and unless two-thirds of our Members of Parliament would vote to amend the Federal Constitution to allow it to happen. I also grimly stated in that article that the time when such Constitutional amendment is moved would be the first time when our Members of Parliament would vote solely or predominantly along racial and religious lines regardless of party policy or party whip.

The Bar Council has since issued a statement which basically echoes my opinion. Lim Chee Wee, the Bar Council’s President was quoted as saying:

“Hudud cannot be implemented within the current constitutional and legislative framework.”

My friend, the learned Professor Aziz Bari was reported to have disagreed with the Bar Council’s view. The learned Professor was quoted to say:

“The key here is Islam, not criminal law.”

The learned Professor pointed out that the Federal Constitution has set out the respective jurisdiction and powers of the Federal and State legislature. As the powers to legislate on matters pertaining to Islam rests with the State, he argued that the State, including Kelantan, may pass hudud laws accordingly. He also refuted that such a move would result in double jeopardy for Muslim wrongdoers as, in his words:

“In other words, two systems is not a problem and we are not the only country in the world where this duality prevails.”

I have the highest respect and regard for the learned Professor but I beg to differ on his opinion on this matter. Continue reading “Hudud: Federal vs state legislative powers”

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Guan Eng pohon ampun, Umno bila pula?

— by Aspan Alias
The Malaysian Insider
Sep 30, 2011

30 SEPT — Saya ingin mengucapkan sekalung tahniah kepada Ketua Menteri Pulau Pinang, Lim Guan Eng kerana bertindak untuk memohon ampun kepada Sultan Johor kerana isu kenyataan beliau di Singapura baru-baru ini. Kenyataan beliau itu telah di isukan sebagai kenyataan yang memburuk-burukan negeri Johor serta Sultan yang menaungi negeri itu.

Guan Eng telah memohon ampun dan maaf kepada Raja yang menaungi rakyat dan negeri Johor. Beliau memohon ampun jika kenyataan yang belum tentu kesahihannya itu menyinggung perasaan kebawah Duli Tuanku Johor.

Tindakan Guan Eng ini melambangkan sifat gentleman beliau dan memahami yang negara kita mempunyai Raja-Raja Melayu yang rakyat patut menzahirkan ketaat setiaan kepada Raja-Raja Melayu sentiasa. Tindakan memohon ampun ini adalah satu sifat kepimpinan yang tinggi dan merendah diri yang ada kepada pemimpin muda ini.

Sekarang saya ingin pula menunggu bila pula Umno untuk memohon ampun dan maaf kepada Raja-Raja Melayu kerana menghina Raja-Raja Melayu semasa krisis Perlembagaan pada tahun 1993 dahulu. Sehingga sekarang Umno belum lagi memohon ampun kepada Kebawah Duli Raja-Raja Melayu kerana menelanjangkan kewibawaan Raja-Raja Melayu semasa krisis perlembagaan itu. Continue reading “Guan Eng pohon ampun, Umno bila pula?”

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Constitutional question: Judges let natives down

by Hafiz Yatim
Malaysiakini
Sep 9, 11

A law professor said Chief Justice Zaki Azmi and Chief Judge of Sabah and Sarawak Justice Richard Malanjum, could have abdicated their oath of office by their refusal to interpret the question of law posed to them.

The question posed before the court was “whether section 5(3) and (4) of the Sarawak Land Code relating to the extinguishment of native customary rights are ultra vires Article 5 (Right to life) and Article 13 (right to property) of the Federal Constitution.”

Islamic International University professor Abdul Aziz Bari said by refusing to deal with the constitutionality issue, the Federal court has abdicated its duty.

“Under the Federal Constitution, the Federal Court which is the highest court of the land is essentially the constitutional court of the country; the main tribunal whose major duty is to take care of the constitution,” he said. Continue reading “Constitutional question: Judges let natives down”

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EC Deputy Chairman Wan Ahmad showed his true colours of lacking 3Is of independence, impartiality and integrity when he launched attacks on Bersih as Pakatan Rakyat “stooge”

If there is a nation-wide quiz asking Malaysians who could be responsible for the two following headlines on online media today, “Bersih is Pakatan stooge in bid for Putrajaya” and “Bersih Pakatan’s catspaw”, I don’t think anyone who is not in the know could get it right despite everyone being given three guesses each.

The hot favourites for these guesses would be UMNO leaders headed either by Deputy Prime Minister Tan Sri Muhyiddin Yassin or the Home Minister Datuk Seri Hishammuddin Hussein, while others named would include the Prime Minister, Datuk Seri Najib Razak and other Umno and Barisan Nasional (including MCA, Gerakan, MIC) leaders.

Nobody would have thought of any Election Commission high official as the culprit for these two quotes for they are completely out of character of what is expected of Election Commission officers. Continue reading “EC Deputy Chairman Wan Ahmad showed his true colours of lacking 3Is of independence, impartiality and integrity when he launched attacks on Bersih as Pakatan Rakyat “stooge””

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Don: Cop’s Bersih ban is against constitution

By Hazlan Zakaria
25 June 2011 | MalaysiaKini

Renowned constitutional law expert Abdul Aziz Bari, hit out at the cops for their unilateral banning of the Bersih 2.0 rally planned for July 9, pointing out that the police crackdown on the gathering is not only illegal but unconstitutional.

“They have acted illegally because they have publicly stated that they are not going to issue a permit. As a public authority they can only make a decision after an application has been made,” the International Islamic University Malaysia (IIUM) lecturer told Malaysiakini. Continue reading “Don: Cop’s Bersih ban is against constitution”

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Denied entry, Bersih chief sues Sarawak government

By Debra Chong
The Malaysian Insider
Jun 14, 2011

KUALA LUMPUR, June 14 — Election watchdog chief Datuk Ambiga Sreenevasan has filed a suit against the Sarawak government for barring her entry into the East Malaysian state two months ago, saying the move is against the Federal Constitution.

“Yes filed and leave application will be heard 13 July,” the Coalition for Fair and Free Elections (Bersih 2.0) chairman told The Malaysian Insider via a text message.

Sarawak and Sabah are allowed to deny entry even to Malaysians under the agreement to form Malaysia in 1963 with Malaya and Singapore, but must give a reason in doing so. Continue reading “Denied entry, Bersih chief sues Sarawak government”

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Non-Muslim PM! Why not?

By RK Anand | May 18, 2011
Free Malaysia Today

Huddled in the driver’s seat of those red and white cars zipping through traffic is a political animal, whose eyes light up when prodded on the happenings in the nation. These are the asphalt soothsayers who predict the fate of politicians and political parties for a fee determined, at least among the more scrupulous ones, by a meter affixed to the dashboard.

In one such episode on a sweltering afternoon, the catalyst being a mangled Proton being towed, a cabbie laments about the deplorable state of Malaysian-made cars and how he is forced to drive a particular make, because that is the rule.
Continue reading “Non-Muslim PM! Why not?”

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Bar Council says unconstitutional for Islamic laws to skip legislative approval

By Boo Su-Lyn
May 14, 2011 | The Malaysian Insider

KUALA LUMPUR, May 14 — The Bar Council has dismissed a call by Muslim lawyers for Islamic laws to be legislated solely by the Malay Rulers instead of Parliament, saying it is unconstitutional.

Bar Council president Lim Chee Wee said all laws have to be passed by elected members of Parliament and the respective state assemblies as Malaysia is a constitutional democracy.

“This is a fundamental and basic structure of the federal constitution,” Lim (picture) told The Malaysian Insider via e-mail last night.

“Such fundamental and basic structure cannot be bypassed,” he stressed.

He said the Malaysia Muslim Lawyers Association’s (PPMM) proposed memorandum to the government contradicted the legislative process and the federal constitution.

He also pointed out that matters pertaining to Islamic law are enacted by the state legislative assembly, except for the Federal Territories of Kuala Lumpur and Putrajaya which are under the purview of Parliament. Continue reading “Bar Council says unconstitutional for Islamic laws to skip legislative approval”