Wednesday, April 29, 2009

The Chameleon



In 1995, when Rais Yatim he was in the political wilderness, he wrote a thesis about the Malaysian ISA, a part of which read:

“The ISA does NOT speak well for the future of the rule of law in Malaysia.

In fact, it is the main adversary of the rule of law.

The abolition of the ISA is imperative.”


Then in 2009, as Minister of Information, he made the following remark during an interview on BBC's HardTalk :

“The mechanism that we have under the ISA, specifically Section 8 and 73, can be challenged through the process of habeas corpus, which system is also prevalent here, and therefore, to SAY that the ISA is NOT up to the standard of humanity is WRONG.”


One can see now how one person can change, from nothing to something and doing it bare-faced too.

Sunday, April 26, 2009

A word from Nurul Izzah Anwar


There has been a lot of negative attention on the Parti Keadilan Rakyat lately. We have come under scrutiny over the recent events in Perak, Kedah and now Penang. As young leaders who have faith in the party’s vision and future, we believe that it’s important to reflect on what we have achieved and examine the challenges ahead.

Keadilan is a young party, the result of a 2003 merger between Parti Keadilan Nasional, founded in 1999 and Parti Rakyat Malaysia, founded in 1955. It came about in part due to the Reformasi movement that emerged following the dismissal and incarceration of Datuk Seri Anwar Ibrahim in 1998. The movement, as laid out in the Permatang Pauh Declaration, was built on the idea of upholding the dignity of man and the need for the continuous betterment of society.

Both of us became involved in the party when the Reformasi broke out, though under different circumstances.

Izzah, who was a 17-year old university student then, was forced into the public eye as she was Anwar’s eldest daughter. Nazmi, who was a year younger and still in school, was reflecting on how the forces that were unleashed could somehow offer something new to Malaysian politics that had atrophied under Dr. Mahathir. As Izzah travelled the country giving ceramahs not only to defend her father’s innocence but also increasingly to articulate the meaning and significance of the Reformasi movement to ordinary Malaysians, Nazmi attempted to explore the possibility and meaning of a new politics for the younger generation as a writer in the alternative media.

We became acquainted in 2001, as part of a group of young Malaysian professionals finding ways as to how we could contribute to change in our country. In spite of the party’s small presence then, we were all excited and idealistic to be part of the cause to lay the foundations of a truly progressive Malaysian political party.

Three years later, the party was dealt a blow when Datuk Seri Abdullah Ahmad Badawi hijacked our message of reform and won an overwhelming victory in polls conducted under dubious circumstances. The party was left with a solitary Parliamentary seat. Soon however, Anwar was released and engaged in a conversation with those inside and outside the party. He charted a more multiracial agenda, against the advice of many. Some were clearly discomfited by this development, and left the party. They either could not accept the shift or felt that no matter how idealistically attractive this paradigm movement was, it spelt political disaster.

But like many young members of the party, we felt that this was the right path to take, the logical extension of Reformasi. Nazmi, in particular decided to take the next step by working for Anwar after completing his studies. We were joined by experienced professionals such as Ibrahim Yaacob and Din Merican, along with talented young Malaysians such as Harvard graduate and blogger Nathaniel Tan as well as UTM student leader and Silicon Valley engineer Sim Tze Tzin.

As the 12th General Elections loomed, both of us along with Sim and Ibrahim were considered as possible candidates for seats. We were reluctant at first, but as many others refused to run under Keadilan’s banner-feeling that the party would surely be defeated- we decided to do it. Izzah was 27, and Nazmi, 26, making us among the youngest candidates in the elections.

It occurred to us from very early on that the young Opposition candidates should work together. Together with our colleagues like Tony Pua and Hannah Yeoh from DAP, we campaigned hard in each other’s constituency, drawing inspiration from the courage and conviction of ordinary Malaysians who wanted change. It was truly people’s power – Makkal Sakti – that defied the odds and trumped cynicism. We were fortunate to win our respective seats and be a part of the now legendary story of the 8th of March.

Keadilan as a result increased its Parliamentary presence from one to 31 seats. Not only that, four states along the West Coast fell to a coalition of PKR, DAP and PAS that eventually became the Pakatan Rakyat. What was more impressive and significant was that a multiracial band of MPs and state assemblypersons won on Keadilan’s ticket, making Keadilan the most successful experiment in multiracial politics in Malaysia to-date.

But the reality of victory also dawned upon us as the euphoria of the 8th of March faded away. We had to meet the manifold expectations of our constituents who voted us in. We had to ensure that the voices of the people were heard in the legislatures and corridors of power.

Nazmi and many other state assemblypersons in the five states had the added responsibility of actually governing, trying to make a 50-year establishment embrace reform and progress.

We immediately saw the limits of operating within the confinements of a governmental system that had become dominated by the executive branch. The people of Kuala Lumpur as a Federal Territory remain dependant to the autonomous and powerful KL City Hall. With no say on budget allocations and choice of Mayor, improvements in housing allocation, delivery and services remain marginal at best. They, unlike their counterparts elsewhere do not have the right to vote for a State Assembly. That is why the movement towards holding local council elections – that can and will start in Pakatan Rakyat states – must persist.

Being wakil rakyats meant that we could no longer confine ourselves to criticising from the sidelines, but actually delivering on our promises to the voters. This involved meeting our constituents that brought their problems to us continuously at all hours. This touched and exposed us to the challenges they, the ordinary men and women of Malaysia have to face each and every day and how we have to do everything within our power to help them better their lives.

We also began to realise that change is unavoidable, especially in our own parties. All political parties evolve, and this process is more often that not tumultuous. In the US for example, the Republicans were the party that freed the slaves under Abraham Lincoln. Now, the Democrats, who opposed Lincoln’s reforms in the 19th century nominated Barack Obama as their Presidential candidate in 2008, who as we know is the country’s first African-American Commander-in-Chief. Nothing is constant in politics, least of all political parties.

In Malaysia, Umno, which was once a party of teachers and village officials, is now a party of racial demagogues and crony-capitalists.

On the other hand, DAP and PAS that used to represent a narrow range of constituencies have become more open and inclusive than ever before. The example of Bukit Gantang and the many mixed constituencies that returned a Pakatan representative last year is testament to this.

The growing momentum for change is bearing down not only on Umno and the Barisan Nasional but also on Pakatan Rakyat. The former responding to this challenge by dithering and relying on the most dishonest sort of triangulation. The latter is, though the path has not always been smooth, is heeding the call.

Keadilan grew from a small coalition of people that came together during Reformasi to a Malaysian political party that is based on hope, progress and a new brand of politics.

Just over a year ago before the elections, when we campaigned across the country, many were surprised that Keadilan still existed.

When we walked up the rusty elevators in Kampung Kerinchi and Desa Mentari, we had to convince ordinary Malaysians that we could offer a genuine alternative to the government.

When we called up our contacts and acquaintances to help out, we became used to both polite and direct rejections. The path we took was certainly not the path of least resistance, but it was the choice of our conviction.

Today, Malaysians from all walks of life, including Malay doctors, Indian college students and Chinese businessmen come together in good faith in our divisions.

We have committed Christians and pious Muslims in our committees. All are eager to hoist the party flag that the people hardly recognised before.

We have unsung heroes like Muslim activist Mohamed Ali Ghazali, small businessmen S. Meng Yee and Vinod Sharma, all working behind the scenes, doing their bit for the party without any thought or expectation of reward. Our victory has made it easier now to get people come and join Keadilan, but we still have to make sure that they understand the struggle and sacrifices that the road ahead demands.

We spoke about renewable energy, economic co-operation, climate change, refugees, urban planning and public transport in Parliament and the State Assembly, but all of this was swept under the radar of the controlled mainstream media.

Our young Pakatan colleagues, including Yusmadi Yusoff in Parliament as well as Amirudin Shari and Gan Pei Nei in the Selangor State Assembly have all made an impact in their speeches that impressed everyone in the legislature. In our constituencies we have set up free health clinics, voluntary tuition centres and crime fighting campaigns by empowering the community. Yet, the mainstream media prefers to focus on sensationalised stories rather than substantive news.

Obviously, any growing organisation will have its ups and downs. Just as we should be credited for our successes, it is just as important that we must be accountable for our shortfalls.

We cannot deflect our own undoing. Some are clearly our own weaknesses, but others reflect the lack of human capital and institutional structure that is a problem across the Malaysian political spectrum. As we continue to build Keadilan and Pakatan Rakyat as a party of the future, be prepared for more ups and downs.

But we are a democratic and open organisation, and we always prefer to resolve our difficulties in the open rather than under the cloak-and-dagger of spin.

The important thing is that in spite of all the difficulties we have faced, we continue to attract the best and brightest Malaysians to push for an inclusive political party, a party that upholds our main objective of establishing a just society and a democratic, progressive and united country.

We have, stated above done a lot for the people, but we do not for one second expect them to be satisfied with just this. We do not ask for support or gratitude in return, but simply that Malaysians continue the spirit of the 8th of March and pressure the Federal Government to increase our civil liberties and political freedoms.

Malaysia’s leaders need to always listen and learn from the people, and this is something that we, the young leaders of Keadilan and Pakatan pledge to do.

The service and dedication that we have rendered to the people will continue as long as we hold office and beyond. We consider this to be the true meaning of ‘putting the people first’. We will do this even in our own house.

Keadilan is in the process of revamping our constitution to ensure that the party is able to meet the challenges of the 21st Century. We want to empower to our grassroots. Our Youth and Women’s wings too, are engaged in massive training exercises from Perlis to Sabah to build the party’s human capital for the long-term. We have sought to improve our election machinery to complement the experience of our partners in Pakatan Rakyat.

We are also open to the idea of more far-reaching reforms to devolve power to the ordinary members of the party, including having party primaries for national leadership positions or even for to select Parliamentary, State Assembly and Local Council candidates.

We can institutionalise debate as part of the campaigning for party positions. We can go further in ensuring that one of the objectives of our Women’s wing is to make the idea of having at least 30 per cent of our leaders and election candidates as women a reality.

We understand that some Malaysians might get tired with all the drama that has transpired thus far. Some might be losing patience with us. But the choice is clear between the potential of Keadilan and Pakatan Rakyat driven by the young compared to the BN’s tired false power-sharing model where the shadow of the past looms large.

Keadilan will continue to fight for change. The first battle is to fight to change ourselves for the better.

[NURUL IZZAH ANWAR, 28, is Member of Parliament for Lembah Pantai as well as Keadilan Lembah Pantai Division’s Pro-Tem Head. She graduated from Universiti Tenaga Nasional in electronic and electrical engineering before furthering her studies at the School for Advanced International Studies, Johns Hopkins University, US in International Relations. She maintains a web presence at www.nurulizzah.com.
NIK NAZMI NIK AHMAD, 27, is Political Secretary to the Selangor Menteri Besar and State Assemblyman for Seri Setia. He is also a Keadilan Youth committee member. A graduate of King’s College, University of London in law, Nik Nazmi blogs at www.niknazmi.com.]


[Source: MalaysianInsider]

Thursday, April 23, 2009

To my fellow Bloggers, take note ...

Yes, Good ol' Rais is back, guns a-blazin'

The Information, Com­munications, Culture and Arts Ministry will use a “diplomatic approach” in dealing with private media corporations and bloggers.

Minister Datuk Seri Dr Rais Yatim said the ministry preferred to take follow-up efforts than legal action against those who have violated the laws.

He said they, however, have to act against the hardcore perpetrators.

“Those who have broken the laws have to face legal action. If we do not act on them, it is the fault of the administration.

“But I stress that using legal action will be our last resort,’’ he said.

He told reporters this yesterday after taking over duties from Datuk Ahmad Shabery Cheek, who has been appointed Youth and Sports Minister.

Dr Rais, who is the former foreign minister, said he would study the current circumstances and find ways to work closer with private media groups and bloggers.

For this, he said a seminar on the Communications and Multimedia Act 1998 and Malaysian Communications and Multimedia Commission Act 1998 would be organised for journalists and bloggers.

The seminar will enable them to know the dos and don’ts under the acts, he said.

He said combining information and communications under one ministry would enable better efforts in enforcing the two laws.

“We want them to know that we have to take action if something happens,’’ he said, adding that the Bar Council would be invited to help organise the event.

Dr Rais also called on the private broadcast media stations to be pro-active in helping to develop the society and country.

He said some private television and radio stations had failed to adhere to laws that required them to play patriotic songs.

“Most of them are more concerned in making profit,’’ he said.

Dr Rais, who was the information minister from 1984 to 1986, said he would look into the contents of programmes provided by RTM and do the necessary rescheduling to attract more young viewers.

Wednesday, April 22, 2009

A precedent has been set

When I did my law studies some years ago, there was one important thing I learned about constitutional law, and that is the separation of power which have become buzz words these days. The judiciary, the executive and the legislatives operates independently as this would in some form act as a check and balance should disputes arise. But in the recent case, where five judges pronounced that the Speaker of the Perak Assembly has erred in suspending Zamry and six others, it would now appear that the judiciary had encroached into the realm of the legislature despite the fact that it is clearly stated in the state constitution that the speaker's decision cannot be brought before the court.

Since a precedent has been set, YB Gobind Singh Deo, MP for Puchong, has decided he would sue the Speaker of the House in Parliament for suspending him for one year as a result of harsh words used against Najib pertaining to the Altantuya case.

Following is the report from the MalaysianInsider:

The Federal Court's ruling last week overturning a decision made by an elected state assembly speaker crossed the boundaries separating the powers between the judiciary and the legislature and has churned up a new challenger.

Suspended Puchong MP Gobind Singh Deo, plans to sue Dewan Rakyat Speaker, Tan Sri Pandikar Amin Mulia for his ruling last month barring him from taking part in Parliament.

Fondly known as the "Little Lion of Puchong" Gobind is set to file his suit in the High Court here at 11 am tomorrow, his father and DAP Chairman, Karpal Singh, told reporters here today.

Karpal appeared to relish the chance to challenge the Speaker's decision. The Bukit Gelugor MP has often found himself on the receiving end of Pandikar Amin's unwanted attention.

"He's got a precedent. They started it." noted Karpal.

Gobind was suspended for one year from March 16 without an MP's allowances and benefits after an outburst inside Parliament involving the Prime Minister, Datuk Seri Najib Razak.

The fiery first-term lawmaker had allegedly linked Najib to a highly sensationalised murder case involving a Mongolian model, Altantuya Shaariibuu, whose remains were found in a jungle clearing in nearby Shah Alam years ago.

Sultan and Nizar:: What actually transpired during the meeting

The NutGraph reported ...

PETALING JAYA, 21 April 2009: Sultan Azlan Shah did not cite any reasons, not even constitutional grounds, for not dissolving the Perak state assembly, according to an affidavit filed by embattled Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin.

The affidavit, which was filed today at the Kuala Lumpur High Court registry, said Nizar made several arguments about why the state assembly should be dissolved following the resignation of three assemblypersons from the Pakatan Rakyat. However, the ruler merely declared that Nizar had to resign without giving any reasons for his decision.

"Right after I had made all my arguments, the sultan looked up at me and His Royal Highness declared that he was not going to dissolve the state assembly, and that I, as the menteri besar, should resign," the affidavit said.

Nizar was describing his meeting with Sultan Azlan Shah on 5 Feb 2009, a day after he had formally met with the ruler to request for the dissolution of the state assembly.



During the earlier meeting on 4 April, Nizar presented the pre-signed resignation letters of the three assemblypersons, who were uncontactable at that point and arewidely believed to have defected to the Barisan Nasional (BN).

The three were Parti Keadilan Rakyat (PKR)'s Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Jailu (Changkat Jering), and the DAP's Hee Yit Foong (Jelapang) who subsequently became independents "friendly" to the BN.

Nizar said that during his meeting with Sultan Azlan Shah on 4 April, he requested for a dissolution in order to avoid a "deadlock" in the state assembly and in the state's administration.

"I also noted that a dissolution would give the Perak people the right to an election, and for them to legitimately give a new mandate to the government," Nizar said.

Nizar said Sultan Azlan Shah then said he would study the request and contact him. "His Royal Highness then said to me, 'InnaAllaha maa Sobirin (God is with those who are patient)' with a smile while shaking both his hands."

Nizar then presented the draft document of a declaration of the dissolution of the state assembly, on which the sultan remained silent.

"I stress that during my audience with His Royal Highness, I never mentioned or informed or suggested to the sultan that there was a loss of confidence in me as the menteri besar by a majority of the assembly.



"I also never suggested to His Royal Highness to dissolve the state assembly in accordance with Article XVI (6) of the state constitution," Nizar said.

Nizar added that Sultan Azlan Shah also never mentioned these two matters during their meeting.

Nizar's affidavit was filed to refute an affidavit by Perak legal adviser Ahmad Kamal Md Shahid, which said that the ruler had cited the constitution when directing Nizar to resign.


Zambry Ahmad Kamal's affidavit was in support of the affidavit by BN-installed Menteri Besar Datuk Seri Dr Zambry Abdul Kadir.

On 5 Feb Nizar said when Sultan Azlan Shah informed him of his decision on 5 Feb, he spent 15 minutes arguing against the decision.

Among others, Nizar said, a dissolution would demonstrate that the ruler was fair and nonpartisan, and this would reflect on the principles of a constitutional monarch and democracy.

"I also reminded the sultan that history has shown that in countries such as Indonesia, the Philippines, Egypt and Iran, where the monarchy was partisan and ignored the people's wishes, the institution of royalty was eventually threatened and declined."

Nizar also reminded Sultan Azlan Shah about the letter signed by 31 Pakatan Rakyat assemblypersons indicating their support for him as menteri besar after the March 2008 elections.

These arguments, however, did not change Sultan Azlan Shah's mind, to which Nizar then said to the ruler, "Ampun Tuanku, patik pohon sembah derhaka (forgive me your Highness, I humbly beg to disagree)."

Nizar then kissed the ruler's hand, and Sultan Azlan Shah left the room without saying a word.

On that morning, Sultan Azlan Shah also met with Datuk Seri Najib Razak and Perak BN deputy chairperson Datuk Seri Ahmad Zahid Hamidi, who asked for the ruler's consent to form the new state government.


Sultan Azlan ShahThe ruler subsequently met with all 28 assemblypersons from the BN and the three independents to ascertain if Nizar still commanded the majority of the assembly's support.

Nizar was then called to the palace for the sultan's decision to be made known to him.

On 13 Feb, Nizar filed an application for a judicial review, in challenging Zambry's appointment by the sultan as menteri besar.

Nizar also sought several declarations regarding the interpretation of Article 16(6) of the Perak constitution.

In his application, Nizar claims he is the state's legitimate chief executive on the grounds that there was no dissolution of the assembly, no motion of no-confidence against him, and he had not resigned from the post.

He also issued a writ of quo warranto asking Zambry to show cause by what authority he was occupying the post of menteri besar.

The case has been slated for hearing at the Kuala Lumpur High Court on 23 April.

Tuesday, April 21, 2009

Nga Kor Ming recites Quranic verses again

During a recent ceramah in Gombak, Perak DAP leader, Nga Kor Ming, took centre-stage reciting some verses from the Koran. This was despite the fact that a police report has been lodged against him by the Malay Unity Action Front. However,PAS spiritual leader, Nik Abdul Aziz Nik Mat, was present and was seen to be nodding in approval each time Kor Ming recited the verses.

I wonder whether any MCA, Gerakan or SUPP blokes could do the same?

RTD and MACC to sign an MOU on graft??

Aisehman has this to say ... this is another joke

The Road Transport Department (JPJ) signed a memorandum of understanding with the Malaysian Anti-Corruption Commission (MACC) yesterday to stamp out corruption and enhance integrity among its staff members.

As part of measures to rid the agency of corruption, Transport Minister Datuk Seri Ong Tee Keat said, the MACC would assist JPJ in carrying out background checks on officers who were qualified for promotion. [The Malaysian Insider]


Fight corruption need MOU, meh?

Where in the world have you heard of an anti-corruption body signing an agreement with a corruption-ridden body to stamp out corruption?

Only in Malaysia.

Under the law, MACC does not need permission to turn JPJ upside down, if it has to, to root out corruption.

In fact, the department is obliged to bend over for any probe MACC feels necessary.

Maybe what JPJ seeks via the MOU is for the MACC to be a bit “understanding” if and when it finds evidence of graft in the department.

You think I’m being unfair here?

Read this:

RTD director-general Datuk Solah Mat Hassan said the pact with MACC dealt with preventing bribery as part of the department’s internal controls although the commission still has its investigative powers.

We also have an understanding that if we receive a report from a member of the public, we will do our own investigation and if the investigations need a higher level of expertise, we will alert the MACC and they will conduct their own investigations,” he said … [The Malaysian Insider]


So what happens if members of the public report incidences of graft directly to the MACC?

Does the MACC then hand over the report to the JPJ for it to conduct investigations on its own, as per MOU, and wait for the outcome?

Does not the law require MACC to launch its own investigation when there is a report lodged with it?

You say there will be separate investigations? Then where is the need for an MOU?

Man, I will not be surprised if after this, there is a rush to sign MOUs with MACC.

THERE IS also some sort of MOU, though not a formal one, between UMNO and MACC.

Read this to find out more.

The Bernama article argues that “perhaps it is time for Umno members to choose the stiffer of the two penalties [under the UMNO Code of Ethics and Anti-Corruption Act] if they are serious about cleaning up the party of political graft”.

What are the penalties?

Those found guilty under Section 10(b)(aa) of the Anti-Corruption Act 1997, can be jailed up to 20 years and fined five times the value of the gratification, or a maximum of RM10,000, whichever is higher, upon conviction.

However, under the party’s Code of Ethics, Umno members who are found guilty of abusing their power which includes money politics will find themselves losing their party posts, being suspended or losing their rights as a member, among other things, with a right to appeal.


Gee, that’s a tough one, but if it were me, I would pick the Code of Ethics any day.

SO WHAT happened to People First and Performance Now, jib?

Never mind.

It is getting clearer by the day that such things were too much to expect in the first place.

Geronimo's take: Both MACC and RTD are government bodies. Remember MACC is not independent. Therefore, if both are government bodies, then why the need for MOU? It really boggles one's mind.