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MACC and JAC Bills – both fall far short of expectations and promise of anti-corruption and judicial reforms

The Malaysian Anti-Corruption Commission (MACC) and Judicial Appointments Commission (JAC) personally presented in Parliament for first reading yesterday by the Prime Minister, Datuk Seri Abdullah Ahmad Badawi both fall far short of expectations and the promise of anti-corruption and judicial reforms.

The 15th anniversary today of the Highland Towers tragedy in 1993 which killed 48 people and over 1,000 people were made homeless, preceded five days ago by the Bukit Antarabangsa landslide disaster which killed four, with one missing while displacing some 5,000 people, should serve as wrenching reminders of the necessity for urgent and meaningful anti-corruption and judicial reforms.

Even the mainstream New Straits Times yesterday editorialized that “Everything from the loss of faith in national institutions, as measured in both the electoral vote and the rising crime rate, to the catastrophic failure of developed hill slopes seems at least partly attributable to the corrosion of corruption – of corners cut, blind eyes turned, and money paid for benefits unseen”.

The New Straits Times editorial could have cited as another recent example of the far-reaching consequences of the corrosion of rampant corruption – the road carnage in the express bus North-South Expressway (NSE) crash in Tangkak which killed 10 and injured 14 on Sunday. Continue reading “MACC and JAC Bills – both fall far short of expectations and promise of anti-corruption and judicial reforms”

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Ka Chuan – don’t be a second Samy Vellu

The Bukit Antarabangsa landslide disaster on Saturday, 6th December 2008, claiming five lives and dislocating 5,000 people after destroying 14 bungalows, is sheer criminal negligence after the Highland Towers tragedy 15 years ago on Friday, 11th December 1993.

It is sad and shocking testimony that the 48 who died in the Highland Towers tragedy 15 years ago had died in vain as the lessons had not been learnt by the relevant government authorities and parties.

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi blamed developers and buyers when he lamented:

“Malaysians never want to learn from past experiences. They want good views while developers only seek to profit; but no one takes safety and soil stability into consideration”.

Conspicuously absent from Abdullah’s blame list are the various government agencies and authorities who should be even more culpable in giving approvals or closing an eye to dangerous hillside developments and in totally ignoring the lessons of the Highland Towers tragedy 15 years ago.

Subconsciously admitting that it was indefensible to exonerate the government from responsibility for the criminal negligence resulting in the Bukit Antarabangsa disaster, Information Minister Datuk Ahmad Shabery Cheek complained that it was not fair to slam the Government for failing to act every time a disaster happens. Continue reading “Ka Chuan – don’t be a second Samy Vellu”

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Najib, 3 UMNO DP and 8 UMNO VP candidates – declare stand whether support Abdullah “reform” legislation

Former Prime Minister Tun Dr Mahathir Mohamad has utter contempt for his successor Datuk Seri Abdullah Ahmad Badawi, pouring scorn on Abdullah’s promises to push through reform before he steps down in March next year – particularly the bills to establish the Malaysian Anti-Corruption Commission (MCAC), reputedly patterned after Hong Kong’s Independent Commission Against Corruption (ICAC), and the Judicial Appointments Commission (JAC).

Writing in his blog, Mahathir noted sarcastically that “after failing to implement any of the promises made in the 2004 or 2008 elections, it looks like nothing is being done either with regard to the promise to carry out a variety of so-called reforms” before Abdullah steps down as Prime Minister in March 2009.

It would appear that Mahathir is privy to information not generally known to the Malaysian public, that forces are at work to frustrate and roll back any reform legislation on anti-corruption and an independent judiciary which Abdullah had promised to present to Parliament next week.

I will not be surprised if Mahathir is hands-in-glove with these reactionary UMNO forces to undermine and even roll back any reform legislation to be proposed by Abdullah in Parliament next week. Continue reading “Najib, 3 UMNO DP and 8 UMNO VP candidates – declare stand whether support Abdullah “reform” legislation”

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UMNO top leadership opposing Abdullah’s reform bills for anti-corruption and judiciary?

With the end of the 31-day debate on the 2009 Budget last Thursday, the focus of the last six sittings of the current budget meeting ending on December 18 will be on two of the three reform measures which the Prime Minister, Datuk Seri Abdullah Ahmad Badawi, had promised to accomplish before he steps down from office next March.

These are the Bills to establish the Malaysian Anti-Corruption Commission (MCAC), reputedly patterned after Hong Kong’s Independent Commission Against Corruption (ICAC) and the Judicial Appointments Commission.

As I have not sighted either of the bills, I am unable to comment intelligently on them.

However, it is evident that both these “reform” bills have evoked considerable opposition in UMNO circles, reaching to very high evels of the Umno leadership.

It would appear that there are powerful Umno circles who are uncomfortable with any measures to create a more independent agency with a bit more bite to fight corruption, especially as the ongoing Umno party elections is mired in the worst money politics and corruption in the party history. Continue reading “UMNO top leadership opposing Abdullah’s reform bills for anti-corruption and judiciary?”

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Still no PAC report on Eurocopter inquiry – will Azmi emulate Indian Home Minister and resign?

On November 11, Public Accounts Committee (PAC) Chairman Datuk Seri Azmi Khalid had promised that the PAC report on its inquiry into the RM1.6 billion Eurocopter deal would be tabled in Parliament “in two or three days”.

How can Azmi’s interpretation of “two or three days” be so elastic as to stretch to three weeks, and there are still no signs of the PAC report on its inquiry into the Eurocopter deal although it is now close to 50 days since Azmi first made the public announcement that the PAC would investigate into three scandals which had shook Parliament and the country – the Eurocopter helicopter, Bank International Indonesia (BII) and the high speed broadband (HSBB) deals?

I had intended to table a motion to debate the PAC report on its inquiry into the Eurocopter deal with Parliament having to make the final decision whether to accept or reject the PAC report and recommendations, but this PAC report must be tabled in Parliament latest by Wednesday, 3rd December 2008 so that I could give the necessary 14-day notice required for a motion to be debated on the last parliamentary sitting of the current budget meeting on December 18.

It is useless for Azmi to table the PAC report on the Eurocopter inquiry after December 3 because it would not be possible for MPs to give the requisite notice to debate it as a specific motion. Continue reading “Still no PAC report on Eurocopter inquiry – will Azmi emulate Indian Home Minister and resign?”

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RM50 million Pempena scandals – 3 questions Azalina should answer as non-functioning Pempena CEO has clamped up


I am posing three questions on the RM50 million Pempena Group of Companies scandals for the Tourism Minister Datuk Seri Azalina Othman to answer in Parliament next week since the non-functioning Pempena Executive Chairman Datuk Paduka Chew Mei Fun has clamped up and refused to accept accountability.

Firstly, why was PricewaterhouseCooper engaged to conduct a high-level business review of Pempena’s 14 Investee Companies and not on all its 24 Investee Companies – especially as most of the 24 investee companies have not been recording operational profits over the last three years.

Out of these selected 14 investee companies reviewed, PwhC has proposed that Pempena should “exit its investments” from five companies, suffering an immediate loss of RM20 million. The five companies are:

(i) Malaysia Tourism Executive Sdn Bhd (“Matex”)
(ii) Sri Kebaya Restaurant Sdn Bhd (“Sri Kebaya”)
(iii) Malaysia Restaurant Hyderabad Limited (“Awana Hyderabad”)
(iv) Dalamasa
(v) Nathena

PwhC also proposed the liquidation of another company, My Destination, which will involve a loss of RM7.5 million – making a total loss of RM27.5 million for the “exiting” from five companies and the liquidation of one!
Continue reading “RM50 million Pempena scandals – 3 questions Azalina should answer as non-functioning Pempena CEO has clamped up”

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I will employ Chew Mei Fun at a salary befitting her real qualifications – send me her cv

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MCA Wanita chief and Pempena Executive Chairman, Datuk Paduka Chew Mei Fun publicly asked me on Thursday whether I will employ and “feed” her if she resigns from Pempena. (Sin Chew Daily, Guang Ming Daily)

My response – Chew should send me her job application with her cv and I will employ her at a salary befitting her real qualifications.

However, Malaysians are amazed at her crass audacity – which is typical of many MCA leaders – that Malaysians owe her a living, and the government must give her a job and “feed” her just because she lost to Tony Pua in the March general election in the Petaling Jaya Utara parliamentary constituency!

If this is the case, then Chew should have been truthful in the March general election campaign and should have owned up publicly that she would be “fed” by the Barisan Nasional government even if she loses in the parliamentary contest against Pua – that she was in an envious “cannot lose” situation, whatever the outcome of the election!

Be that as it may, Chew may be out of her job as Pempena Executive Chairman faster than she think, especially if the Star report “Pempena probe has Azalina fuming” (20.11.98) is to be believed, that the Tourism Minister Datuk Seri Azalina Othman is mulling over whether to shut down the subsidiary of the Tourism Ministry! Continue reading “I will employ Chew Mei Fun at a salary befitting her real qualifications – send me her cv”

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Will former Pampena Chairman Chor Chee Heong step forward to explain the RM50 million Pempena scandals?

The new Executive Chairman of troubled Tourism Ministry subsidiary, Pempena Sdn. Bhd, Datin Paduka Chew Mei Fun called a press conference yesterday but refused to answer questions about the RM50 million Pempena scandals of bad investments, criminal breach of trust and financial improprieties declaring:

“I will not answer on things that happened before my time. Now I just want to focus on revamping the company.”

Is nobody to be responsible for the scandalous RM54.4 million Pempena investments in 24 investee companies as at June 2008, where Pricewaterhouse Cooper audit has recommended the immediate closure of five companies resulting in instant loss of some RM20 million!

If Chew does not want to assume responsibility for what happened before her time, why didn’t she get the former Pampena Chairman, Datuk Chor Chee Heong, to appear together with her at the media conference yesterday so that questions about the propriety, accountability and integrity of the RM50 million Pampena scandals could be answered? Continue reading “Will former Pampena Chairman Chor Chee Heong step forward to explain the RM50 million Pempena scandals?”

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Pempena Police report – “looting of people’s money using tourism as a front’

I thank the Tourism Minister, Datuk Azalina Othman for giving me a copy of the Summary Report of the PricewaterhouseCooper review of Tourism Ministry’s subsidiary, Pempena Group of Companies but I will write to her for a copy of the Final Report, as the implicit promise she made in Parliament during her winding-up of the 2009 Budget debate on Nov. 3 was for a full and unqualified disclosure of the PricewaterhouseCooper report.

I must admit that I am somewhat surprised by the PricewaterhouseCooper summary report as the Tourism Minister had led Parliament to believe that it is an audit of the various financial scandals of the Pempena Group of Companies, but clearly this important brief was excluded from PricewaterhouseCooper’s terms of reference, which is a clinical “high level business review” of selected investments by Pempena Sdn. Bhd and “specifically does not include any investigative audit or forensics work”.

In fact, it is mentioned in the PricewaterhouseCooper summary report that the investigation into the various financial scandals in the Pempena Group of Companies are “separately performed internally” in an internal audit of Pempena.

Why did Azalina hide the fact from Parliament that there had been an internal audit by the Tourism Minsitry of the various financial scandals of its stable of Pempena Group of Companies, which includes its affiliates Malaysian Travel Business Travel Sdn. Bhd and SD Corp Communication Sdn. Bhd and that such an internal audit had been completed by 14th August 2008? Continue reading “Pempena Police report – “looting of people’s money using tourism as a front’”

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Summary Report of PricewaterhouseCooper on Pempena Companies

Overview of Pempena

In 2005, Pempena established a business plan for 2005-2009 to implement the following key activities:

(i) Equity participation in tourism related industries
(ii) Implementation of activities under the Shopping Malaysia Secretariat
(iii) Placement of funds in the money market and unit trusts.

There were 14 key areas of new businesses indentified by Pempena for implementation.

Pempena planned to invest a total of RM49.8m over the period of its business plan (ie 2005 – 2009) representing equity and profit sharing arrangements.

As at June 2008, Pempena has invested a total of RM54.4m via equity participation in and advances made to the Investee Companies. Continue reading “Summary Report of PricewaterhouseCooper on Pempena Companies”

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Eurocopter answers PAC must give in its report

I thank Datuk Seri Azmi Khalid for committing a grave parliamentary impropriety yesterday in compromising his position as the Public Accounts Committee (PAC) Chairman and trying to hit out at me in Parliament for my earlier criticisms of him in mishandling the PAC inquiry into the RM1.6 billion Eurocopter helicopter deal, resulting in our joint appearance before the media at yesterday’s lunch-break.

This has refocused parliamentary and national attention on the RM1.6 billion Cougar EC725 Eurocopter deal and the PAC inquiry, which I had described as the most important and high-profile PAC inquiry in the 51-year history of Malaysian Parliament.

Azmi gave a public undertaking yesterday that the PAC report into the Eurocopter inquiry would be ready to be tabled in two or three days.

I therefore expect the PAC report on its inquiry into the Eurocopter ideal to be tabled in Parliament by next Monday or Azmi should explain why he has broken his solemn undertaking both inside and outside the House. Continue reading “Eurocopter answers PAC must give in its report”

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MCAC Bill – “magic formula” to transform Malaysia into a model nation in anti-corruption?

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi announced at the National Integrity Convention in Kuching last Friday that the Cabinet had on the same day approved the Malaysian Commission on Anti-Corruption (MCAC) Bill, which would replace the Anti-Corruption Act and will be “the foundation for the formation of an anti-corruption commission that is effective and subject to independent monitoring through a comprehensive check-and-balance system”.

Abdullah said the MCAC bill will be tabled for first reading in Parliament “as soon as possible”.
However, it would appear that the Prime Minister’s concept of “as soon as possible” is very different from that of the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz who will be responsible for piloting the bill through Parliament.

This is because Nazri was reported in the press the next day as saying that the MCAC Bill would be tabled for first first reading in Parliament by December 11, which is one full month away!

I call on Nazri to speed up and table the MCAC Bill for first reading in Parliament without further delay, possibly this week itself, to allow for fullest public feedback and debate before a parliamentary vote on what has been bruited as Abdullah’s legacy as the fifth Prime Minister of Malaysia. Continue reading “MCAC Bill – “magic formula” to transform Malaysia into a model nation in anti-corruption?”

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RM100 million Sabah money-laundering – why ICAC but not ACA investigating?

I started my speech on the Finance Ministry during the 2009 Budget committee stage debate in Parliament today by referring to the latest bad news for Malaysia – international ratings agency Fitch today downgraded its outlook for Malaysia from “positive” to “stable”, saying the economy would be hit by lower oil and commodity prices.

In revising the outlook on Malaysia to stable, Fitch took into account the likely impact on the balance of payments of lower oil and other commodity prices.

It said that Malaysia would also suffer from “the deterioration in external demand conditions for electronics exports.”

I pointed out that the latest Fitch rating for Malaysia is further proof of the testing times the Malaysian economy is facing with the worst global economic crisis and the crucial importance of the confidence factor in tiding through the trying times.

I expressed regret that when the new Finance Minister, Datuk Seri Najib Razak presented the RM7 billion economic stimulus when winding-up the 2009 Budget policy debate last Tuesday, its “confidence” capability was seriously undermined when Najib committed the serious parliamentary faux pax of not presenting it in a regular and proper manner in Parliament by an amendment to the 2009 Budget.

I blamed this on the preoccupation of UMNO Ministers on Umno party elections resulting in serious neglect of their government and parliamentary duties. Continue reading “RM100 million Sabah money-laundering – why ICAC but not ACA investigating?”

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Can Zaki prove doubters wrong about his suitability as CJ?

The announcement by the newly-appointed Chief Justice, Tan Sri Zaki Tun Azmi, who as a lawyer had represented Umno, that he would as far as possible avoid hearing cases involving the political party (or as Star headlined “No Umno cases for now”) is a step in the right direction to disprove doubters wrong about his suitability as the No.1 in the judiciary.

This is however only a small beginning if Zaki is to dispel all the doubts even the most non-partisan in Malaysia entertain about his controversial appointment as Chief Justice.

Public disappointment at the appointment of Zaki as Chief Justice had been most palpable especially as the the Prime Minister, Datuk Seri Abdullah Ahmad Badawi had promised judicial reform to top his final short-list of three reforms before stepping down from office next March – but Zaki’s appointment as Chief Justice was made in disregard of the spirit of judicial reform and there was no consultation whatsoever with the major stakeholders in the country, whether Bar Council, MPs or the civil society.

As I had said before, MPs who had grave reservations about Zaki’s fast-track appointment as Chief Justice had two options after his elevation: firstly to invoke Article 127 of the Constitution to move a substantive motion in Parliament with the support of at least one-quarter of Members of Parliament, i.e. 55 MPs to discuss Zaki’s appointment; or two, to give Zaki the opportunity to acquit himself and prove that he is capable of taking full account of the widespread reservations about his appointment to the process to restore public confidence in the independence, impartiality and integrity of the judiciary after two decades of judicial darkness.

I belong to the latter category and I will like to see Zaki proving all the doubters of his appointment wrong. Continue reading “Can Zaki prove doubters wrong about his suitability as CJ?”

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MCAC – 3 reasons why no confidence in Abdullah’s last fling with anti-corruption reform

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi announced at the National Integrity Convention in Kuching yesterday that the Cabinet had endorsed the formation of the Malaysian Commission on Anti-Corruption (MCAC) and that the MCAC Bill will be passed at the current meeting of Parliament to replace the Anti-Corruption Act 1997.

He said the MCAC is modeled after Hong Kong’s Independent Commission on Anti-Corruption and New South Wales’ Independent Commission Against Corruption, “which are among the best anti-corruption agencies in the world”.

I have no confidence that Abdullah has the political will to carry out meaningful anti-corruption reforms, and that the MCAC will not end up as another toothless tiger for anti-corruption like the Human Rights Commission (Suhakam) with its statutory duty to promote and protect human rights!

My lack of confidence that Abdullah is capable of one final fling with a meaningful institutional reform before he ends his hapless five-year tenure as the fifth Prime Minister of Malaysia is supported by at least three reasons:
Continue reading “MCAC – 3 reasons why no confidence in Abdullah’s last fling with anti-corruption reform”

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Two recently-retired corrupt judges – ACA must start investigations from CJ Zaki

The new Chief Justice, Tan Sri Zaki Azmi’s revelation of two recently retired judges who were suspected to be corrupt is shocking not because of the admission of rotten apples in the judiciary but only that it was made publicly in so specific a fashion for the first time.

That there are corrupt judges in the judiciary has long been an open secret, which had been more than amply proved by the “correct, correct, correct” Royal Commission of Inquiry into the V.T.Lingam videotape. Continue reading “Two recently-retired corrupt judges – ACA must start investigations from CJ Zaki”

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Why Eurocopter’s Cougar has been selected to replace Nuri

The Prime Minister-cum-Defence Minister, Datuk Seri Abdullah Ahmad Badawi should set an example of integrity and transparency by making public the details of the shortlisted bids for the four aircrafts to replace the RMAF Nuri helicopters and the reason why Eurocopter’s Cougar EC725 has been selected.

It is a sad commentary on the failure of Abdullah’s National Integrity Plan that Malaysia’s latest ranking on the Transparency International Corruption Perception Index has plunged 10 places in his five years as Prime Minister from No. 37 in 2003 to No. 47 in 2008 and a deepening crisis of confidence about integrity and transparency.

Abdullah should be aware that his first act as Defence Minister, announcing that the Defence Ministry has agreed to acquire new helicopters from European helicopter manufacturers, Eurocopter, to replace the Nuri has been immediately dogged by integrity and transparency questions – in particular, the allegation about the involvement of his son Kamaluddin Abdullah in the Eurocopter deal.

It is for this reason that Abdullah should make public the details of the shortlisted bids by the four aircrafts to replace the RMAF Nuri helicopters and the reason why Eurocopter’s Cougar EC725 has been selected.

If no full explanation is forthcoming from Abdullah, I will be raising this issue in Parliament when it reconvenes on October 13.

The Eurocopter Cougar EC725 was one of four aircraft shortlisted by RMAF. The other three were the Sikorsky S92, Agusta Westland EH-101 Merlin and the Russian-made Mil Mi-17 Hip. Continue reading “Why Eurocopter’s Cougar has been selected to replace Nuri”

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Malaysia 2008 – “Nero fiddled while Rome burned”

by Dr. Chen Man Hin

“NERO FIDDLED WHILE ROME BURNED” BEST DESCRIBES THE POLITICAL AND ECONOMIC SCENARIO IN MALAYSIA.

Some political analysts were saying that pressure within the UMNO Supreme Council for Prime Minister Datuk Seri Abdullah Ahmad Badawi to step down would make him a lame duck prime minister as his reign would wane as his power wanes.

As a matter of fact, the Prime Minister showed signs of being a lame duck as early as during the second half of his previous term as prime minister

The signs of indecision and vacillation were already visible.

Promises of reforms to deal with corruption, increase of crime and judicial violations were easily forthcoming from the lips of the Prime Minister, but as easily forgotten and not implemented. Continue reading “Malaysia 2008 – “Nero fiddled while Rome burned””

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Abdullah ultimate failure in battle against corruption – Malaysia’s worst ranking in 14 years of TI CPI (No. 47)

It is another day of shame for Malaysia when the Transparency International (TI) Corruption Perception Index (CPI) 2008 was unveiled, with the country placed at No. 47th position, its worst ranking in 14 years since the introduction of the annual TI CPI ranking in 1995.

It is also the ultimate failure of the Prime Minister Datuk Seri Abdullah Ahmad Badawi’s campaign against corruption, which he promised to place at the very top of his agenda when he became the fifth Prime Minister five years ago –a campaign rich in paying lip service but doomed to failure as it lacked the political will to produce results.

It is most ironic and tragic that one man who will feel most vindicated by the TI CPI 2008 is former Prime Minister, Tun Dr. Mahathir Mohamad.

Abdullah had promised that his campaign against corruption will be one area which will distinguish the difference of his premiership from that of his predecessor. It was his promise to bring in a refreshing wind of change after 22 years of “cronyism, corruption and nepotism” (KKN) of Mahathir administration that created the unprecedented Barisan Nasional landslide electoral victory in the 2004 general election.

However, in just a year after the 2004 general election, Mahathir was able to adopt a “holier than thou” attitude towards the Abdullah premiership by publicly warning in May 2005 that corruption under Abdullah for a little over a year was even worse than under him for 22 years, that “corruption might be getting to a point of no return”, becoming “a culture in Malaysia with corruption almost at the ‘above the table’ level” and “more and more people no longer trying to hide the fact that they were corrupt”.

The TI CPI 2008 has proved Mahathir right in his adverse judgment on the Abdullah administration on its dismal performance in the battle against corruption.

What a sad and tragic end reminding one of the Shakespearean quote in Macbeth: “It is a tale told by an idiot, full of sound and fury, signifying nothing.” Continue reading “Abdullah ultimate failure in battle against corruption – Malaysia’s worst ranking in 14 years of TI CPI (No. 47)”