Saturday, January 8, 2011

What?? PERKASA to host a 'Woodstock'. Oh puhleeeezz....

Came across this write-up from blogger 'Malaysia Must Know The Truth' and I personally felt such an affront to people of my generation who was there during the Woodstock era. First and foremost, I wonder whether they understand the significance of Woodstock. It was an event to promote peace and love. PERKASA is an anti-thesis to what Woodstock stands for. They promote hate and racial prejudice.

The UMNO funded racist wing of morons aka Perkasa is really desperate to be actively back with main-stream BN that they would go to great lengths to suck-up and be noticed as truly UMNO friendly.( here )

Tell me now. What is never political about Perkasa or even UMNO ? Everything IS ! So now they want to gather 15,000 scums of society or "mat rempits"into a stadium for 2 days and call it "Woodstock" ! Get original la please ! Woodstock 69 was for real man....not for kids, fakes and crooked politicians !

No sex, no cigarettes,no drugs and no music and no motor-bikes ! Yikes !!!...and you think you can keep those "mat rempits" inside a stadium for 2 hours, not 2 days without any of those ? They'll start screaming and tearing at their t-shirts and chew on the stadium seats, man.....and then of course they'll start "snatching" each others bags and wallets in musical chair fashion, yes ?

But I'm still wondering why the deputy chief of UMNO Youth, Razali Ibrahim, stressed these youths were not being paid any money to attend ?
Smelly already ?

Leaked - China's stealth fighter jet J-20

China has finally caught up with the Americans and this is what is getter the latter very worried. Even the Russians have yet to develop the technology to meet the demand of modern warfare. Meet China's J-20 stealth fighter jet. This piece of news was reported over CNN this morning.

Wednesday, January 5, 2011

Legally, the Sultan is not the Chief Executive

The claim by the Selangor sultan's private secretary Mohamad Munir Bani that the sultan is the “chief executive” of the state with “executive powers” is incorrect, constitutional law expert Abdul Aziz Bari said. According to Abdul Aziz's interpretation of the federal constitution, the state authority is formally vested in the office of the sultan, but it rests with and is executed by the menteri besar and his elected government.

“It is not correct for Munir to say that the sultan is the chief executive, having executive powers. The position in a state or for the country cannot be compared to that of a company,” he said.Abdul Aziz (left), a law professor with the International Islamic University of Malaysia, said Munir's statement yesterday was unconstitutional.

“The private secretary (by) making that statement is actually something that goes against the constitution." he argued.“This is because state power has to be exercised by those who are elected. This is important, for they have to be made accountable to the people through their representatives in the House.”

Abdul Aziz was responding to a statement issued by Munir yesterday on behalf of the sultan, which chastised Selangor Menteri Besar Abdul Khalid Ibrahim for questioning the appointment of former Selangor Islamic Affairs Department head Muhammed Khusrin Munawi as the new state secretary.

'State pays ex-officio members'

Abdul Aziz said the ruler is mostly confined to a check-and-balance role, which is the basis of a constitutional monarchy and responsible governance.“That is how the role of the sultan on the matter is to be understood. The sultan's duty is to ensure that the public service remains true to its constitutional role,” he said.

Unlike the ceremonial role of the sultan, Abdul Aziz said, the menteri besar should have a say on the appointment of executive officers as the public service is the machinery that implements the government's policies and programmes.

Moreover, Abdul Aziz argued, although the state secretary is appointed by the federal Public Service Commission, his remuneration is derived from the state. “Not many people realise that actually it is the state that pays the salaries and allowances of the state secretary, state legal advisor and state financial officer.

“Indeed, the federal officers serving in state agencies also are being taken care of by the Selangor taxpayers,” Abdul Aziz said.He said it is strange that the palace is not defending the menteri besar's claim on the state's role in choosing the state secretary. “It is hard to make sense as to why the sultan - as reported - did not quite bother to complain about the amendment which gave his powers away to the federal government,” he said.

Constitutional bounds 'exceeded'

Abdul Aziz opined that the ongoing row over the appointment has seen the federal government going beyond its constitutional limits, such as by exerting pressure on the sultan to appoint the candidate of its choice. The sultan has also failed to perform his check-and-balance role, since he has urged the state government to accept the federal government's appointee. He also said the state government's intention in planning to restore the sultan's authority in the selection of the state secretary should be lauded as this shows its constitutional ideals.

He was commenting on Khalid's plan to amend the state constitution to address the 1993 amendment that restricted the authority of the Malay rulers in a number of areas. For now, the onus will be on Umno and BN to explain why the ruler's authority in the appointment of an ex-officio member was removed in the first place in 1993. “They owe a duty to the Selangor people as to why state autonomy was surrendered to federal authorities through the amendment,” he added.

[Source: Mkini]

Now, legally who is the Chief Executive of a state?

There is something dangerous happening in Malaysia and it must be repulsed by all Malaysians who believe that the Federal Constitution is a sacred document worth protecting with their lives.

There appears to be an insidious attempt by some people to widen the scope of the Malays Rulers beyond their standing as our constitutional monarchs.

Reading the statement by the Sultan of Selangor's private secretary which was published by The Malaysian Insider today, one line caught my attention. The private secretary said that "as the chief executive of the state government". Whoa. Repeat that again. "As the chief executive of the state government".

When did the His Highness become the chief executive? The Federal Constitution spells out clearly the role of the monarchy. And so do the state constitutions.

The King is the constitutional monarch and the Prime Minister is the chief executive. At state level, the sultan is the constitutional head of state and the mentri besar is the chief executive.

Both the PM and the MB are elected by the rakyat . The rulers are not. If Umno and its lackeys which included the impotent press agree with the assertion of the Sultan of Selangor's secretary that the ruler is the chief executive, then they must also agree that the King is the CEO of Malaysia and Najib Razak has to submit to him in all areas.

If effect, they must agree that Malaysia is an absolute monarchy. I would be interested to know Tun Dr Mahathir Mohamad's view on this expansion of power by the royalty.

I do sincerely hope that we are not seeing a return of the situation in Perak where the ends justified the means. I mean in that case we saw the royalty play an unusual role and legal precedents established by respected jurists turned into legal rojak by mediocre Umno lawyers.

In Selangor, there seems to be a move to expand the powers of the Selangor ruler far beyond what is laid down in law. With due respect, this cannot be allowed.

Reading the letter by lawyer Tommy Thomas, it seems entirely credible that any appointment of a state secretary should be made by the Public Service Commission but in consultation with the Mentri Besar.

No where is there any mention of a role for the Sultan. But I suppose the Umno chaps don't care. Win at any cost. Just like in Perak.

[Source: Othman Wahab/The Malaysian Insider]

Tuesday, January 4, 2011

Khusrin's appointment a comical drama

A bizarre and comical drama is being played out in the running feud between the ruling coalition Barisan Nasional and opposition alliance Pakatan Rakyat.

BN is attempting to force an unwelcome top public servant down the throat of a Pakatan-controlled state government, which naturally has fiercely resisted the forced-feeding.

The scenario is rendered more ridiculous when, in its earnestness to overpower Pakatan, BN has brought in the Sultan of the state to administer the swearing-in of the new recruit, though the Sultan, being a constitutional monarch, has no apparent role to play in this appointment under the state constitution.

On Dec 27, 2010, the chief secretary to the BN-controlled federal government Mohd Sidek Hassan suddenly announced that Selangor Islamic Department (Jais) Director Mohd Khusrin Munawi will take over as Pakatan-controlled Selangor’s state secretary (head of state civil servcie) from Jan 1, 2011.

This unexpected news came like a bolt from the sky for Pakatan, for Khusrin, well known for his pro-Umno and anti-Pakatan stance, is regarded as a thorn in the flesh in the Selangor state government.

Within hours, Selangor menteri besar’s office refuted the appointment, stating that the menteri besar had no prior knowledge of it, and that the state government was still in the process of finalising the appointment from its own short-list. Menteri Besar Khalid Ibrahim was then on oversea leave.

In a chorus of angry protests, Pakatan leaders described this sneak attempt to appoint a hostile candidate to head the state’s civil service as an outright sabotage against the Pakatan government.

They accused Prime Minister Najib Tun Razak of trying to replicate the infamous coup d’etat that overthrew the Pakatan state government of Perak almost two years ago when a similarly pro-Umno state secretary played a key role in the illegal power grab.

Another surprise awaited Pakatan. On Dec 30, 2010, the Sultan’s private secretary Mohamad Munir Bani (apparently another Umno loyalist) announced that Khusrin was scheduled to swear-in at the Sultan’s palace on Jan 6, 2011, for which invitations have been sent out.

This move is clearly intended to pit Pakatan on a collision course not only with Umno/BN but also the Sultan, keeping in mind that both chief secretary Sidek and private secretary Munir had stated earlier that the Sultan had given his approval to the appointment.

From a commoner’s point of view

Meanwhile, controversy over the legality and propriety of this appointment rages on with a variety of opinions from the academic and the judicial circles. However, before we delve into the legal intricacies, let us first look at the issue from a commoner’s point of view.

A few facts need be straightened out first. The state secretary is a state government employee, whose salary is paid for by the state government. He heads the state’s civil service and serves the executive council (exco) of the state (the state cabinet) and reports directly to the menteri besar.

Hence when the federal Public Services Commission (PSC) selected Khusrin as Selangor’s state secretary, it was in effect serving the Selangor government as a personnel agency. The Selangor government remains the employer.

Does it make sense then that PSC should have selected someone without the knowledge of and without consultation with the Selangor government, the exco, and above all, big boss the menteri besar?

It is akin to an employment service agency thrusting a general manager to a company without the knowledge of the chairman and board of directors. The latter must be thinking that the agency has gone mad!

Now we are talking about running a government, which is immensely more complex and serious than a company.

Is it not the height of absurdity that the federal recruitment agency would appoint someone to head the civil service of an adversary state government in a process that was completely hidden from the latter? Worse, when that candidate is a putative “trojan horse” to sabotage the state government.

How is the new state secretary expected to serve his employer when the former is regarded with such mistrust and detestation? Isn’t this move a manifestation of evil intention to cause grievous damage to the Pakatan state government? Isn’t this the crudest expression of contempt and betrayal of the interests of the Selangor people who have chosen Pakatan to administer their state?

Against justice and fair play

Now, let us look at the legal aspects. Under the state constitution (Article 52 Clause 1), the appointment of the state secretary “shall be made by the appropriate Services Commission” – not by the Sultan. So, both Sidek and Munir have falsely invoked the name of the Sultan to over-rule objection from Pakatan.

Next, the state secretary must take his Oath of Secrecy “in the presence of the Menteri Besar” before he can attend meetings of the Exco, according to Article 52 Clause 4 of the same constitution.

With these two provisions, it is apparent that arrangement of Kushrin’s oath-taking in the palace is not an orthodox constitutional practice of the state, but an expedient political machination devised to outmaneuver Pakatan.

As for which is “the appropriate Services Commission” mandated by Article 52 Clause 1 for this appointment , Menteri Besar Khalid contended that the state’s own Public Services Commission should have been involved in accordance with services practice notes prepared by the commission.

While the issue of the “appropriate Services Commission” is being debated, one thing is crystal clear. The employer has the final say as to who can or cannot work for him.

No government can tolerate a key officer who is an anathema to its agenda, much less the head of the entire government machinery. It is against all norms of justice and fair play. It is certainly against the democratic principles upon which this nation was founded.

[Source: FMT]

Monday, January 3, 2011

The Thais will give our mamaks a run for their money in preparing your 'teh tarik'

Making 'teh tarik' in Thailand

Last week it was Teo Nie Ching. Now it is Hannah Yeoh, this time from GERAKAN!

It is already a common knowledge that GERAKAN, just like PPP, MIC, MCA, and all the rest of the kucing-kurat parties in the BN are nothing but losers, big time! After the failed attempt in running down Teo Nie Ching, this time it is our ADUN for Subang Jaya, Hannah Yeoh. She is pregnant and is expecting her first child this year. A happy occasion like this could even prompt GERAKAN Tan Keng Liang to make uncalled-for comments. The party simply have no more issues to raise against Pakatan, so this wee bit of news is better than no news like questioning the effectiveness of Hannah as a ADUN during her pregnancy period. DUMMKOPF!!!!

To Hannah, CONGRATULATIONS and we will be rooting for you and the baby!

Seputeh MP Teresa Kok has demanded an apology from Gerakan leader Tan Keng Liang for making “snide and sexist remarks” that Subang Jaya assemblywoman Hannah Yeoh would be unfit to serve because she was going on maternity leave soon.

“I urge Tan to apologise to Hannah and all women unreservedly for his ignorance and to educate himself on gender equality. I would gladly sponsor Tan Keng Liang’s gender equality training by any one of the women’s NGOs in Malaysia,” Teresa said in a statement.

“He had better remember that women make up 49% of Malaysia’s population. Should he aspire to be an elected representative, he has the moral duty to serve male and female constituents equally and without prejudice.”

Weekend ruckus on Twitter

The 30-year old Hannah (pictured with husband Ramachandran) is expecting her first child. She is now 4 months pregnant.

On Sunday, the hapless Tan – a Youth leader from Kedah – had stirred up a ruckus on Twitter with his post:

“Would u choose @jezlai or @hannahyeoh which will be on maternity leave soon (as the ADUN for Subang Jaya in the upcoming elections)?”

Tan was referring to MCA's Beliawanis leader Jessica Lai. He tried to wriggle out of trouble when he was slammed left and right by other Twitter followers. Sadly for him, his reply only made things worse.

“I imply you may not be able to service [the] area during maternity leave, which you are entitled. Anyway, congrat welcoming your baby,” said Tan.

Behind-the-times Gerakan

Needless to say, his comments drew a further storm of criticism from all who caught it – especially women groups.

“His remarks are an insult to women and mothers everywhere and most disgraceful coming from a Gerakan leader at that.
Despite having been told off by dozens of Malaysians on Twitter, Tan remains pigheaded and continues to defend his statement, which is telling of how intensely chauvinistic he is towards women,” said Teresa.

As younger and more net-savvy Malaysians fill the political arena, Twitter and Facebook have become indispensable tools of communication for them.

However, not all enjoy the same success. Boo-boos such as Tan’s will surely work against him and most of all his Gerakan party, which already suffers from an image of being behind-the-times in both political agenda and social thinking.

[Source: MC]