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Nazri: Between ‘open secret’ and common sense

– Ravinder Singh
The Malay Mail Online
July 07, 2013

JULY 7 – Nazri is correct in saying that it is an “open secret” that the Conference of Rules (COR) can object to any law (or any sections, words or phrases in it). That is the prerogative of the Rulers.

On the other hand, it is common sense that if the COR does object to any part of a law that has been sent to it after going through the Cabinet and Parliament, the COR must send it back to the Cabinet / Parliament for the parts objected to to be reviewed, amended or dealt with in any other way deemed proper by the Cabinet / Parliament.

It is also common sense that after having approved / amended a bill, it is not the function of the COR to send it for printing / publication / gazetting. This is the duty of the executive.

So how is it that up today not only Nazri but the whole Cabinet and Parliament do not know whether the COR had actually objected to the Cabinet decision of April 2009 on the issue of the conversion of minors? Continue reading “Nazri: Between ‘open secret’ and common sense”

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Implausible Nonsense: Malaysia’s Political Theatre

Dr Lim Teck Ghee
CPI
5th July 2013

There are two types of nonsense – plausible and implausible. Plausible nonsense is when someone spins a story to children, which although implausible to adults is plausible to young minds. Though not believable to adults, most children stories have the redeeming value of being educational and entertaining.

Then there is implausible nonsense which does not make any sense at all. Clowns and buffoons engage in implausible nonsense for the purpose of entertaining audiences and bringing comic relief.

In Shakespeare’s plays, his clowns and fools did not only invite laughter but they often had something profound to say. The Shakespeare fool, who is usually a person of low or common birth, provided insights into the main characters belonging to the nobility as well as shedding light on the central themes of the play. Continue reading “Implausible Nonsense: Malaysia’s Political Theatre”

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Religious Bill splits Cabinet after divisive election

The Malay Mail Online
July 04, 2013

KUALA LUMPUR, July 4 — Some of Prime Minister Datuk Seri Najib Razak’s Cabinet have spoken out in dissent over a Bill that would let a single parent or guardian convert their child to Islam without their partner’s consent.

The proposed change has sparked protests from the prime minister’s biggest coalition partners, as well as leaders of religious and ethnic minorities in the Muslim-majority nation. The row comes as Parliament resumed last week after May’s general election which saw support for the government slide to its lowest level in more than 55 years.

“Certain sections of the Bill can be detrimental to non- Muslims,” Datuk G. Palanivel, a minister who heads the MIC in Najib’s governing Barisan Nasional coalition, said in a phone interview. “The government should propose a fairer version of the Bill, taking into account individual rights and civil liberties.”

The heads of some other parties representing minority groups in Najib’s coalition, including the MCA, have also protested the proposed amendment, testing the alliance’s unity as economic growth slows. Net foreign direct investment dropped 17 per cent last year to US$10.1 billion (RM31.3 billion) as spending in neighbours including Singapore and Indonesia increased, according to a report by the United Nations Conference on Trade and Development last week. Continue reading “Religious Bill splits Cabinet after divisive election”

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A Bill that Does Not Fit

By Kee Thuan Chye
Yahoo News
4th July 2013

The amendment to Clause 107(b) of the Administration of Islamic Law (Federal Territories) Act 2013, tabled for passing this month, is going to be one helluva bill. Voting on it will see whether representatives of certain component parties within the ruling Barisan Nasional (BN) coalition will break from the party line and vote according to their own conscience.

The MCA, the MIC and Gerakan, avowedly looking after the interests of non-Muslims, have been critical of the bill. It will therefore be a real test of their integrity to vote against it. Abstaining from voting will not be enough. They must walk their talk.

From the layman’s point of view, the bill seems to be simply about granting either parent of a child below the age of 18 the right to convert the child to Islam. The front-page headline of the July 3 edition of theSun sums it up: ‘Mom or dad?’ And if one were to apply simple logic, the answer would be obvious. Since both parents gave life to the child and are responsible for its growth, why should it be that only one is enough to decide?

But the issue is not so simple. It never is when it comes to religion. And more than that, this current bill indicates an about-turn by the Cabinet. Continue reading “A Bill that Does Not Fit”

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Will Shahidan propose in Cabinet the establishment of RCI on Utusan Malaysia’s racist, inflammatory and seditious provocations in the past four years if 1,000 or 2,000 Malaysians sign a memorandum for this purpose?

The whole rigmarole about DAP funding a “Red Bean Army” of 3,000 cybertroopers with a budget ranging from RM100 million to RM1 billion in the past six years to demonise and character-assassinate has completely gone bersek with Barisan Nasional Ministers and Members of Parliament quoting lies as gospel truths in Parliament and outside.

Yesterday, at least two Barisan Nasional MPs spoke about the “Red Bean Army” in Parliament, but their credibility is no higher than that of the Gerakan MP for Simpang Renggam, Liang Teck Meng who made history by turning himself into an instant parliamentary disgrace yesterday.

Teck Meng purportedly quoted from WiliLeaks to allege that Parliamentary Opposition Leader Datuk Seri Anwar Ibrahim “owns 30 foreign bank accounts” worth RM332 million in four countries, including Israel, when such information is not available on WikiLeaks but only concocted on blogs by UMNO cybertroopers.

Like the “Red Bean Army” canard, this is another example of UMNO/BN cybertroopers finally succeeding in misleading their own leaders!

Is Teck Meng prepared to admit that he had told lies in Parliament yesterday and to surrender himself to the Parliamentary Privileges Committee for the proper punishment that should be meted out to an MP who could tell such reckless lies in Parliament? Continue reading “Will Shahidan propose in Cabinet the establishment of RCI on Utusan Malaysia’s racist, inflammatory and seditious provocations in the past four years if 1,000 or 2,000 Malaysians sign a memorandum for this purpose?”

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Nazri’s statement that new bill on unilateral conversion of minors to Islam unfair welcome especially as the 1993 Administration of Islamic Law (Federal Territorities) Act provided for both parental consent when bill was debated in Parliament

The statement by Minister for Tourism, Datuk Seri Mohamed Nazri Aziz, that the Administration of the Religion of Islam (Federal Territories) Bill 2013 on unilateral conversion of minors to Islam is unfair is welcome, especially as the 1993 Administration of Islamic Law (Federal Territories) Act provided for both parental consent when the bill was debated in Dewan Rakyat in May 1993.

What was passed by Parliament in May 1993 on Section 95 in “Part IX – Conversion to Islam” states (English and Bahasa Malaysia):

“ 95. For the purpose of this Part, a person who is not a Muslim may convert to Islam if he is of sound mind and –

(a) has attained the age of eighteen years; or
(b) if he has not attained the age of eighteen years, his parent or guardian consents to his conversion.”

“95. Bagi maksud Bahagian ini, seseorang yang tidak beragama Islam boleh masuk Islam jika ia sempurna akal dan –

(a) Mencapai umur lapan belas tahun; atau
(b) Jika ia belum mencapai lapan belas tahun, ibu bapa atau penjaga mengizinkan kemasukannya.”

However, when it was gazetted, there was a minor but far-reaching variation in its Bahasa Malaysia version for Section 95(b) permitting unilateral conversion of minors to Islam when Parliament had always intended dual parental consent, as the gazetted Bahasa Malaysia version reads:

“(b) jika dia belum mencapai umur lapan belas tahun, ibu atau bapa atau penjaganya mengizinkan kemasukannya.” Continue reading “Nazri’s statement that new bill on unilateral conversion of minors to Islam unfair welcome especially as the 1993 Administration of Islamic Law (Federal Territorities) Act provided for both parental consent when bill was debated in Parliament”

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Cabinet should withdraw Section 107(b) of Administration of Religion of Islam (Federal Territories) Bill 2013 to give time for Malaysians to achieve national consensus on conversion of minor children to Islam in keeping with the Constitution and to promote family integrity, freedom of religion and national harmony

The Cabinet should withdraw Section 107(b) of the Administration of Religion of Islam (Federal Territories) Bill 2013 to give time for Malaysians to achieve national consensus on conversion of minor children to Islam in keeping with the constitutional scheme contained in Article 12(4) of the Federal Constitution, read with Article 160 and the Eleventh Schedule, and to promote family integrity, freedom of religion and national harmony.

Former Cabinet Minister, United Pasok Momogun Kadazandusun Murut Organisation (Upko) head Tan Sri Bernard Dompok said yesterday that the provision is a contradiction to the 1Malaysia concept of acceptance, inclusiveness and moderation, suggesting a full discussion by Barisan Nasional on this issue and related religious issues before proceeding with the provision in Parliament.

Dompok said that a few months ago when he was still in the Cabinet, he had asked for the withdrawal of a paper on the bill in Cabinet as he felt that an earlier Cabinet decision on the Law Reform (Marriage and Divorce) Act 1976 should be implemented instead.

Section 107(b) of the 64-page 116-section Administration of Religion of Islam (Federal Territories) Bill 2013 provides that the consent of one parent alone is sufficient for the conversion of minor children to Islam, which is not only contrary to the Constitution but contravenes the Cabinet decision announced on April 23, 2009 that a single parent cannot convert a minor. Continue reading “Cabinet should withdraw Section 107(b) of Administration of Religion of Islam (Federal Territories) Bill 2013 to give time for Malaysians to achieve national consensus on conversion of minor children to Islam in keeping with the Constitution and to promote family integrity, freedom of religion and national harmony”

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Dompok says he had told Cabinet to repeal religious conversion bill

By Yiswaree Palansamy
The Malaysian Insider
JUN 29, 2013

A leader of the Barisan Nasional (BN) coalition expressed disappointment today with the Cabinet for tabling a controversial bill on unilateral conversion involving children, which he said went against the 1Malaysia concept.

United Pasok Momogun Kadazandusun Murut Organisation (Upko) head Tan Sri Bernard Dompok said the intention to table the bill is a contradiction to the 1Malaysia concept of acceptance, inclusiveness and moderation.

“I am surprised and disappointed that this bill was approved by Cabinet for tabling at Parliament,” he said in a statement to the media today.

Dompok said that a few months ago, he asked for the withdrawal of a paper on the bill in Cabinet as he felt that an earlier Cabinet decision on the Law Reform (Marriage and Divorce) Act 1976 should be implemented instead. Continue reading “Dompok says he had told Cabinet to repeal religious conversion bill”

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The King’s speech and mob judgment

– Sakmongkol
Malaysiakini
June 29, 2013

A non-issue has become a contentious point by some BN MPs. Debates and opposing views on the King’s Speech are to be treated and judged the same as the slurs made against the King outside parliament – as rebellion against the King. What is happening here?

The standards of mob or crowd judgement –hysterical, unreasonable and clueless are being adopted by mob leaders inside parliament.

The leaders are easily identified- they shout the loudest in parliament and appoint themselves as leaders and spokesmen for the mob outside.

Since Independence, Royal Addresses have always been followed up by adversarial debates.

That has been the practice of parliamentary democracy.

We come to the House to debate on issues – the agenda for ensuing debates being set down by the Royal Addresses. Continue reading “The King’s speech and mob judgment”

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DAP: Umno interests milking ‘Red Bean Army’ for profit

By Hazlan Zakaria | 1:37PM Jun 27, 2013
Malaysiakini

PARLIAMENT DAP parliamentary leader Lim Kit Siang today accused “vested interests” in Umno of creating the Red Bean Army story as a ploy to seek funding, supposedly for its own cyberwarriors.

More likely, he said, the funds would be destined for private pockets.

“With regard to the Red Bean Army allegations that the DAP employs thousands of cybertroopers, they are all not true.

“DAP has never spent a single sen nor funded any Red Bean Army,” Lim (right) reiterated while debating the royal address in the Dewan Rakyat today.

He claimed there are reports that some in Umno were asking for RM250 million to fight the Red Bean Army.

“Now I know why the rumour was started by those who spread the slander as a vested interest. It is not to fight the Red Bean Army, but to enrich themselves,” Lim said.
Continue reading “DAP: Umno interests milking ‘Red Bean Army’ for profit”

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Will the Cabinet today decide or dilly-dally on IPCMC?

All eyes are on the Cabinet this morning – will the Cabinet decide or dilly-dally on the issue of an Independent Police Complaints and Misconduct Commission (IPCMC)?

The issue of IPCMC was first proposed by the Dzaiddin Royal Royal Police Commission eight years ago in 2005 as the most important of its 125 recommendations to create an efficient, incorruptible, professional and world-class police force, with even the Prime Minister at the time, Datuk Seri Abdullah Ahmad Badawi publicly pledging to implement the IPCMC recommendation.

It was the then UMNO Youth leader, Datuk Seri Hishamuddin Hussein, who later became Home Minister, who led the opposition to the establishment of the IPCMC, teaming up with the then police leadership to force Abdullah to backtrack and finally scuttle the IPCMC proposal. Instead an ineffective Enforcement Agency Integrity Commission (EAIC) was substituted.

Did the new Home Minister, Datuk Seri Zahid Hamidi, who was a Deputy Minister in the first Abdullah administration 2004-2008, support or oppose the IPCMC at the time.

The IPCMC was one effective proposal to address the high rate of deaths in police custody, with 80 cases from January 2000 to December 2004, or an annual average of 16 deaths in police custody in those five years – which was regarded as unacceptably high.

Unfortunately, the scandal of deaths in police custody have worsened after the Dzaiddin Report. The rate of deaths in police custody has increased albeit slightly in the eight and a half years since the IPCMC Report – with 141 deaths from January 2005 to May 2013 (with three deaths in just 11 days in the first month after the 13th general elections on May 5) or a higher annual average of 16.6 deaths since the Dzaiddin RCI report. Continue reading “Will the Cabinet today decide or dilly-dally on IPCMC?”

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Deaths in police custody have worsened since Dzaiddin RCI Report – Six MPs on PR parliamentary task force on IPCMC

I welcome the undertaking by the Minister in the Prime Minister’s Department, Paul Low to raise the Independent Police Complaints and Misconduct Commission (IPCMC) proposal at the Cabinet meeting tomorrow, although the value of such an undertaking suffers serious detraction when Low refused to say if he would support its formation.

The country does not need a Minister acting as super-postman in Cabinet just to raise a particular proposal brought to him but an ardent advocate who is prepared to fight tooth and nail for the proposal to be adopted by the Cabinet.

Does Low considers himself as a super-postman or an ardent advocate of IPCMC at the Cabinet tomorrow?

It does not speak very much for the integrity which Low is supposed to infuse in the Najib administration when he himself is not prepared to state his stand on IPCMC. Continue reading “Deaths in police custody have worsened since Dzaiddin RCI Report – Six MPs on PR parliamentary task force on IPCMC”

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With third police custody death in 11 days, police should stop gallivanting with UMNO/BN fairy tales like “Red Bean Army” but get down to business to focus all resources to roll back the wave of crime and fear of crime as well as check police indiscipline to end deaths in police custody

Even before the settling down of the public furore over the death of N. Dhamendran, who according to a preliminary post-mortem report was defencelessly beaten to death while handcuffed sustaining 52 marks of injury throughout his body, ranging from head to toe, the country has been shocked with the news of a third death under police custody in eleven days.

P. Karuna Nithi was found unconscious by policemen on duty at the Tampin police lock-up at around 6.30 p.m. Saturday and pronounced dead by paramedics from the Tampin hospital who arrived on the scene.

With the third police custody death in 11 days, the police should stop gallivanting with Umno/BN fair tales like the fictitious DAP-funded “Red Bean Army” of 2,000 to 3,000 cybertroopers with a budget ranging from RM100 million to RM1 billion in the past six years, but to get down to business to focus all resources to roll back the wave of crime and fear of crime and restore public confidence by checking police indiscipline and ending cases of deaths under police custody.

The public has no confidence in any internal police investigation into deaths in police custody, even if it is a special committee headed by the Inspector-General of Police, Tan Sri Khalid Abu Bakar, and this is why the time has come to revive the Independent Police Complaints and Misconduct Commission (IPCMC) proposed by eight years ago by the Police Royal Commission of Inquiry headed by former Chief Justice Tun Dzaiddin and former Inspector-General of Police Tun Hanif Omar and established under the premiership of Tun Abdullah. Continue reading “With third police custody death in 11 days, police should stop gallivanting with UMNO/BN fairy tales like “Red Bean Army” but get down to business to focus all resources to roll back the wave of crime and fear of crime as well as check police indiscipline to end deaths in police custody”

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A constitutional blunder by Najib

by Tommy Thomas
Malaysiakini
Jun 1, 2013

COMMENT The first task that Najib Abdul Razak faced upon being sworn in as prime minister on May 6, 2013 after leading the BN to victory in the 13th general election, was to form the cabinet.

Constitutionally, the prime minister does not have a free hand in his choice of cabinet ministers. Article 43(2)(b) of the federal constitution provides that cabinet members shall be “members of either House of Parliament”.

Traditionally, the cabinet is dominated by members elected by the people to serve in the Dewan Rakyat. However, prime ministers often do appoint a few cabinet members from the Senate (Dewan Negara).

It is important to keep in mind that unless a person is a member of either House of Parliament, he cannot be a cabinet member. This is consistent with the position in other parliamentary democracies.

Further, our deputy ministers and parliamentary secretaries also have to be parliamentarians, as per Articles 43A(1) and 43B(1) of our federal constitution. Only political secretaries are exempt from this strict requirement.

It was therefore shocking to note the statement made by Paul Low on May 24 that he has not yet been sworn in as a senator. Yet he “purportedly” took the oath of office as a cabinet minister before the Yang di-Pertuan Agong on May 16.

Article 43(6) of the constitution reads: “Before a Minister exercises the functions of his office, he shall take and subscribe in the presence of the Yang di-Pertuan Agong the oath of the office and allegiance and the oath of secrecy set out in the Sixth Schedule.”

The oath of office and allegiance that Low had to take under the Sixth Schedule of the constitution reads: “I, ……., having been appointed as a member of the Senate, do solemnly swear that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to Malaysia, and will preserve, protect and defend its constitution.”

One other cabinet minister (Abdul Wahid Omar) and three deputy ministers who have not been appointed senators also took their oath of office before His Majesty on May 16.

All these appointments are plainly and clearly unconstitutional.

If they uttered the words stated above in taking their oath of office before the Yang di-Pertuan Agong, they told an untruth because none of these five men had been appointed as a senator prior to becoming a minister or deputy minister. Continue reading “A constitutional blunder by Najib”

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Election Commission must start with a completely new slate with new Chairman and Deputy Chairman if it is to command full public confidence

The Prime Minister, Datuk Seri Najib Razak, announced today that the Election Commission (EC) will be reporting to a parliamentary select committee (PSC) from now.

He said he was transferring his office’s responsibility to oversee the election regulator to Parliament where a panel comprising members from both sides of the political divide would help improve its credibility.

He said: “With this step, it is hoped that the EC’s independence will no longer be questioned and the people’s confidence will be strengthened towards the EC.”

Without the details, it is not possible to comment intelligently on this move, although it is a step in the right direction. Continue reading “Election Commission must start with a completely new slate with new Chairman and Deputy Chairman if it is to command full public confidence”

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The myth of a two-party system in Malaysia

— Nicholas Chan and Koay Su Lyn
The Malaysian Insider
May 31, 2013

MAY 31 — A contention exists after the 2008 general election, be it academically or by propaganda, that Malaysia will benefit greatly from a two-party system, a concept constantly thrown around but highly vague in its actual meaning, or at least in the public understanding of it. Hence, after all these years of political shakeup, did we achieve the two-party system? If yes, how far did it go? Are we enjoying the fruits of it or did it come at a cost, like the political gridlock that has been plaguing Washington?

By definition, the most commonly agreed feature of a democratic two-party system is that it is a political environment, dominated by two major political parties with either party winning in almost all the elections held. Although the system does not negate the existence of other splinter parties or independent candidates, it usually thrives in an “either-or” situation whereby the ruling party is just one or the other. The most notable example of a two-party system is the United States, as the Congress is populated by politicians from two major parties while the presidency is always a tussle between a Republican and a Democrat candidate. A two-party system is not an engraved certainty as the United Kingdom, which had witnessed a two-party system between the Labour and the Conservative for decades (except for the case of a hung Parliament in 1974), was struck by an embarrassing situation in its most recent 2010 elections, whereby neither party earned the simple majority to form the government, resulting in a Conservative-Liberal Democrat coalition government. Continue reading “The myth of a two-party system in Malaysia”

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Johor people invited to submit questions they want to put up in Parliament either to email to five PR MPs by June 3

I invite the people of Johor who wish to have questions put up to Ministers in Parliament to email them to the five Pakatan Rakyat MPs in Johor, including email to me at [email protected] .

The proposed questions should reach us by June 3 as the deadline for MPs to submit questions for the first meeting of the 13th Parliament is 5th June 2013.

The 13th Parliament will meet for 16 days from June 24 to July 18, with the swearing-in of the 222 new MPs elected on 5th May on 24th June, the official opening of Parliament by the Yang di Pertuan Agong on 25th June and the working session of Parliament starting with the debate on the Royal Address on 26th June 2013. Continue reading “Johor people invited to submit questions they want to put up in Parliament either to email to five PR MPs by June 3”

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Why the 10-day impotence and hiatus by Najib to rectify the constitutional farce of illegally swearing in two Ministers and three Deputy Ministers without first appointing them as Senators?

Yesterday, Malaysians saw the sorry spectacle of Paul Low who took his oath as Minister in the Prime Minister’s Department on 16th May 2013 before the Yang di Pertuan Agong at the Istana Negara pathetically telling the media to “Ask Putrajaya” when questioned about the legality of his appointment to the Cabinet as he has not been sworn in as a senator yet.

This is the first time in the 56-year history of Malaysia where two Ministers and three Deputy Ministers have been placed in the Cabinet and constitutional limbo for ten days after the announcement of their ministerial appointments, as they had the dubious honour of being illegal Ministers and Deputy Ministers during this period as they have not been sworn in as Senators yet.

I had expected very quick and efficient end to the constitutional farce of two illegal Ministers and three illegal Deputy Ministers by having the five to be sworn in as Senators on the very night, even if it is midnight, when I issued my statement pointing out the grave constitutional oversight – i.e. on Friday 17th May 2013.

But I was wrong. Day after day, the two Ministers and three deputy Ministers did not know whether they were coming or going, become butts of jokes as illegal and unlawful “backdoor” Ministers and Deputy Ministers – with the sorry and pathetic spectacle of Paul Low yesterday as the latest example.
Continue reading “Why the 10-day impotence and hiatus by Najib to rectify the constitutional farce of illegally swearing in two Ministers and three Deputy Ministers without first appointing them as Senators?”

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Open Letter to those BN elected Members of Parliament with integrity and conscience

by Richard Loh
May 23, 2013

Dear Yang Berhomat Ahli ahli Parliament Barisan National,

It is with much regret to go against my principle to call for your reconsideration in remaining with your coalition party, Barisan National.

There must be a very good reason, at times, to go against one’s principle for the sake of the people and nation.

Before going into the reasoning in suggesting that you reconsider your position to remain with Barisan National let me asked a few questions in reminding you what and who you are.

1) What is your purpose to be an elected Member of Parliament?

2) Is high position (being a minister) and power solely or one of your motive to be an elected Member of Parliament?

3) Have the deterioration of racial harmony and religious intolerance caught your attention?

4) What is your priority being an elected Member of Parliament, party first or people/nation first?

5) Can you see what is happening right now with BN especially umno?

Continue reading “Open Letter to those BN elected Members of Parliament with integrity and conscience”

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Zahid not afraid of censure motion against him? Then get PM’s agreement for one full day reserved in first week of new 13th Parliament to debate censure motion against him!

New Home Minister Datuk Seri Dr. Ahmad Zahid Hamidi asked today “what is there to fear” and said he is ready to face a censure motion in Parliament against him over his statement in Utusan Malaysia urging those who are not happy with the current electoral system to “migrate elsewhere”.

Is Zahid really not afraid of the censure motion against him?

If so, I challenge Zahid to get the agreement of the Prime Minister, Datuk Seri Najib Razak for one full day to be reserved in the first week of the new 13th Parliament for a full debate on the censure motion against him and to announce this decision at the end of the first new Cabinet meeting on Wednesday.

I do not expect any such announcement as it is not only Zahid who is afraid of the censure motion against him, Najib and all the other Cabinet Ministers are also worried and mortally afraid of the censure motion against Zahid.

This is because if there is a division and a full vote taken on the censure motion against Zahid, I will not be surprised if several of the 133 Barisan Nasional MPs would absent themselves from the division to dissociate and repudiate Zahid’s call on Malaysians who vote against BN in the 13GE and not happy with the current electoral system to “migrate elsewhere”. Continue reading “Zahid not afraid of censure motion against him? Then get PM’s agreement for one full day reserved in first week of new 13th Parliament to debate censure motion against him!”