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Showing posts with label Politics. Show all posts
Showing posts with label Politics. Show all posts

Sunday, October 11, 2009

Irony of UM

Students of Universiti Malaya who organized a debate after the 308 political tsunami were asked to attend a disciplinary hearing.

The reasons were that the students had invited non-UM people to be the judges. Both Barisan National and Pakatan Rakyat’s lawmaker had been invited. Ironically, UM has just climbed into top 200 (from 230th in 2008 to 180th in 2009) universities in the world.

University should be a place for intellectual discussions and since politics is closely related to economics, social and the future of our country, I can’t see why this kind of debate is always seen as ‘sensitive’ to the authorities. Furthermore, by inviting political leaders from both divides, students will be able to see different points of view and make critical analyzes themselves. Varsity students, after all, are also voters and the future leaders of the nation. Being politically apathetic does not help to build a strong nation.

It is clear that the authority does not want the students to be politically-savvy. Is it because they fear that if it’s so, they will lose power sooner or later? There is a Chinese saying – the more you debate about something, the more you will discover the truth (真相是越辩越明). I guess the authorities fear that if the students discovered how our country is badly governed, how our country has progressed so slowly despite the fact that we are so rich in natural resources (eg. oil & gas, palm oils, etc), more and more students will vote for opposition in the coming general elections.

This can be seen from the results of 8 March 2008 general election. The ruling coalition, for the first time in 51 years, lost it’s two third parliamentary majority and lost 5 states. The main reason was the information was disseminated freely and widely through the internet. Before this, all the while people have been relying solely on mainstream medias, namely the newspaper and TV, for information. But as you know, all the TV and radio stations were controlled by the ruling coalition through Media Prima. Major newspaper were also controlled by the respective BN component parties (Utusan Malaysia, New Straits Times & Berita Harian – UMNO, The Star – MCA, Tamil Nesan – MIC). That means all the news we read were actually being filtered.

Fortunately, now it’s no longer the case. Opposition politicians have made good use of the information technology. We are now able to read blogs written by them. We also get instant updates of their whereabouts through twitter and facebook. There are also online news portals springing up here and there, reporting neutral news.

So, you can see, the way UM authority provokes University and College University Act to suppress students’ freedom of organizing activities and denying students the right to take part actively in discussing political issues in the country is clearly a backward act. This contrasts the fact that UM has just squeezed into world top 200 universities.

Lots of organizations have written open letters to condemn such an act. Teresa Kok, Kinrara assemblyman cum Selangor state government senior executive councilor, had also issued a statement urging UM to withdraw disciplinary action against the students.

However, will the authority withdraw the disciplinary action? The answer is a clear – NO. We have to accept the fact the the top posts in our local universities are closely politically linked. It’s not academically qualified personnel who sit on the top of university, but it’s the one who is closely linked to UMNO that gets the chance to head a university. And this is also one of the reason why our local universities will not go far. We do not have the best brains to manage the universities, instead, we only have some politically linked vice-chancellors.

Nothing can be done to change all these except by our hands. Yes, the hand of you, you and none other than you. Please register yourself as a voter and vote in the next general election. It’s the ONLY way to change for a better Malaysia.

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Tuesday, July 28, 2009

Mansuh ISA

himpunan_ISA

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First They Came

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Tuesday, July 21, 2009

MACC Downfall Parody

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Racist Dr M roars again

It's Time To Forget About Dr M – Khoo kay peng

The grand old man of Malaysia strikes again! Venting his anger at Najib's decision to liberalize the economy, he claims that non-Malays, and particularly the Chinese, were the real masters of the country.

“Because they (the Malays) are willing to share their country with other races, the race from the older civilisation of more than 4,000 years and who are more successful, as such today whatever they have now is also being taken away from them,” he wrote in what appeared to be a reference to the Chinese community.

Mahathir anticipated that “with this article I am sure to be branded a racist by the non-Malay racists”.
“But if they are willing to accept the truth they can compare the sacrifices of the Malays who are the original owners of this land with their sacrifices for the interests of the country.”

He argued that the way forward for peace and progress was for the distribution of wealth in the country to be fair even if unequal.
I thought only Abdullah was a flip-flop prime minister. But it is proven today that almost all UMNO leaders, including Dr M, were masters of flip-flop. Dr M once said that this government should appreciate the contribution of the Chinese community. This community did not ask for any grant or subsidy from the government.


Many of them worked hard to send their children to overseas for further studies when higher education opportunities were scarce in the country. A great number of small businessmen I know are now facing a daunting financial challenge from the ongoing global economic crisis. Many of them invested their entire life savings into their business, fully aware that they must work extremely hard to help themselves.


If Chinese were the real masters, we would not have so many 'Malay-dominated institutions' (as claimed by Berita Harian) and we do not need to continue begging for places in the local universities or study grants/scholarships. The vernacular schools would have been flushed with money to continue upgrading their worn out and over stretched facilities due to high density.


I am afraid Dr M is referring to some Chinese as the masters of this country. But some of these masters were your cronies. You made them rich and powerful and gave them public contracts to help them to get where they are today. Some of them had helped you to even pick the right judges to hire and fire. The rest of us, Chinese, are just struggling to make ends meet. How can we be your masters?


The rest of us dare not even raise our voice or react when abused and physically assaulted by officers from your 'Malay-dominated institutions'.


Let me tell you the truth why many Chinese, Indians and Malays were able to find a common ground in their political struggle today. It is because they now realize that the 50% wealth equity is in the hands of a selected few and not in the hands of most Chinese.
Yes, I support your call for a fairer distribution of wealth. Can we start with your super rich sons? If no, please do not tell us to take you seriously. If no, tell me why I should not call you a racist and an out-of-touch leader of the ruling elite. This oppressive government should thank you for teaching them how to oppress to stay in power. The rest of us hope that you will just fade away.


We are not the real masters. If we were, you would have been hauled up to answer to the many abuses and mismanagement of this country.

Source:http://khookaypeng.blogspot.com/2009/07/its-time-to-forget-about-dr-m.html

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Sunday, July 19, 2009

Justice for Beng Hock

justice2

Justice

Justice for Beng Hock 30x20

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Saturday, July 18, 2009

The whole nation is angry!

Everyone, regardless of race and religion, is angry at the tragic death of Teo Beng Hock, who was under MACC custody.

http://ongohing.wordpress.com/2009/07/17/i-cannot-be-neutral-about-issues-of-morality/

http://harismibrahim.wordpress.com/2009/07/17/will-you-continue-to-stand-on-the-sidelines-and-just-watch/

http://www.jeffooi.com/2009/07/macc_death_row_forensic_pathol.php

and more………..

Until now, no announcement, yet, that a Royal Commission will be set up to investigate this matter.

Justice delayed is justice denied…..

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We want justice for Teo Beng Hock!

 

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Friday, July 17, 2009

Who killed you?

Teo Beng Hock, 30, political aide to Selangor State Executive Councillor Ean Yong Hian Wah was found dead in Malaysian Anti-Corruption Commission (MACC) HQ.

He was brought to MACC to assist the officers in investigating a case regarding the abuse of fund in some Selangor constituents. However, he was detained from evening till midnight 3 am. Teo was not a suspect, he was just assisting the MACC officers. The first question we are going to ask: Did he need to be detained in MACC HQ till midnight? Was there such a need? Has any mental torture been done to him?

Secondly, he was slated to be married to his fiancé the next day. Would he commit suicide? That probability was near to zero!

So many question unanswered, a young boy died mysteriously under MACC custody. Remember the poor car theft Kugan who died under police custody? Until now, not even a single police officer was held responsible. No one was brought to court, no one was suspended, nothing happen, it’s totally OKAY to have someone died in police custody, what the heck?

NGOs and civil societies have urged the government to set up an independent royal commission to investigate the death but do you think there will be any outcome? Do you still remember who V.K. Lingam is? Royal Commission has been set up, but so far what do we see? 

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Friday, July 3, 2009

Where has the money gone?

132218petronas_slideshow

Petronas adviser Tun Dr Mahathir Mohamad today asked what did the government spend with the RM253.6 billion payment from the national oil company over the past six years when his successor Tun Abdullah Ahmad Badawi was prime minister.

The former prime minister, a trenchant critic of Abdullah, wrote in his www.chedet.ccweblog that Petronas has been paying dividends, taxes, royalty and export duties to the government since 1976, after it was set up as the national custodian for fossil fuels.

"Where has the money gone to?" Dr Mahathir asked.

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Sunday, May 31, 2009

Boycott the newspapers!

Boycott the newspapers!

A cause everyone can support

To sign the online petition, click HERE

 

Anybody who is a consumer has the power to boycott. We are in reality empowering ourselves when we say to the mainstream media (MSM): “We refuse to buy into your lies. Therefore we’re not buying newspapers.”

Newspapers are enablers allowing Malaysia’s ancien regime to sustain its self-serving shaping of our world. We believe that civil society is informed enough to protest against being brainwashed by MSM disinformation.

The newspapers claim Hindraf are violent and racist troublemakers. Well, we know who the real racists and troublemakers are. The newspapers claim police did not use force against Indians at Batu Caves on the eve of the Hindraf rally. Photographs show the Indians herded behind the temple gates, locked in, gassed to tears and doused with chemical-laced water.

When our authorities bully the most marginalized of communities, and newspapers blacken these victims of marginalization, then our country has reached a watershed. Civil society has no other choice but to be morally outraged over this spindoctoring.

The newspapers also misreported the numbers who supported Bersih in our capital city, saying few when there were many; they misreported the numbers who supported MIC’s show of force at Cheras stadium, saying many, many more than there really were.

MSM have lied too much on too many matters for too long. And they will keep on lying unless we tell them ‘Enough already!’

We are not breaking any law by making a personal decision not to buy newspapers.

We are not causing trouble nor promoting racial or religious disunity by boycotting newspapers. In fact, it is newspapers that are promoting a distorted communalism to keep their political masters – Malaysia’s racist political parties – in power, and us in a climate of fear. And the longer this parasitic power structure remains unchallenged, the more the lowest strata of society will be affected.

Because we are Malaysians with conscience and our conscience isrightly troubled by government mouthpieces spinning webs of deceit,The People’s Parliament is calling for Hartal.

We are all doing the conscionable thing to check the unrelenting anddangerous indoctrination by newspapers. This signature campaign is about how ‘we, the people’, can stand up and be counted. It’s about reclaiming Truth and taking our country back.

Thank you for your support against the falsehood-mongers. We thank you for caring enough to reform your reading habit.

To find out the truth, please visit us here:http://harismibrahim.wordpress.com

[The People’s Parliament, an advocacy website for civil society aspirations]

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Thursday, May 7, 2009

Barbarians….

 292x300.2009.05.07.ig507u2

Picture courtesy of Sin Chew Jit Poh

070509_Sivakumar dragged out_Pic by Sinar Harian

Picture courtersy of Sinar Harian

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Wednesday, April 29, 2009

1Malaysia for business

Datuk Tony Fernandes hoped that our PM could walk his talk – 1Malaysia, by not only liberalizing 27 sub-sectors but more, better still all. Read more here.

Monopolization of certain business has killed creativity, innovation and entrepreneurship. Datuk Tony Fernandes cited Malaysian Airport Berhad as an example. MAHB monopolized ALL airports in Malaysia and Datuk Tony was doubting how much the airports have been effectively developed? Are they contributing as much to the national and local economies as they should?

I myself would like to cite TM as an example. Our telecommunication sector is almost monopolized by TM. Most of the telco providers have to base on the infrastructure of TM, eg. XOX Com, U Mobile, etc. Broadband industry is also monopolized by TM (Streamyx). Another clear example of monopolization is the 3G license which was not awarded to Digi. Digi is coerced to sell its interest to TimeDotCom (a GLC) to transfer TimedotCom’s 3G spectrum to Digi.

While other countries are enjoying better communication and broadband services at lower prices, we, have to pay hefty price to ‘enjoy’ lousy services. This is just one of the MANY examples of monopolization kills creativity, innovation and entrepreneurship.

Dear PM, please, liberalize the telecommunications sector (and all other sectors), too, for the sake of national interest.

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Saturday, April 18, 2009

Judges acted above law

Article 72, Clause (1) of the Federal Constitution clearly states: The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

The front page of The Star newspaper of Friday, 17 April 2009 carries this startlingly outrageous decision of the Federal Court. The headline proclaims: “Court: Siva does not have right to suspend seven”.

The Federal Court has unanimously ruled that Perak Assembly Speaker V Sivakumar does not have the power to suspend Mentri Besar Datuk Zambry Abd Kadir and six state executive council members from attending the assembly.

It granted a declaration that the seven assembymen were entitled to take part in all the assembly sittings and to carry out their duties.

Court of Appeal president Justice Alauddin Mohd Sheriff, who chaired a five-man panel yesterday, said the Speaker’s decision to suspend the seven applicants was ultra vires (outside the law) and invalid.

The other judges were Chief Judge of Malaya Arifin Zakaria and Federal Court Judges Nik Hashim Nik Ab. Rahman, S Augustine Paul and Zulkefli Ahmad Makinudin.

This is a perverse judgement of the Federal Court. It is perverse because it is a decision that was made in blatant defiance of Article 72 (1) of the Federal Constitution which says, “The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court”. The judges of the Federal Court have failed the people ad the government of this country when they chose to ignore the law of the Constitution of Malaysia. In other words the judges have refused to do justice according to law.

Sources:

http://blog.limkitsiang.com/2009/04/17/when-the-highest-court-in-the-land-could-bring-down-the-government-of-the-day/

http://www.themalaysianinsider.com/index.php/opinion/breaking-views/23485-when-justice-is-not-administered-according-to-law--nh-chan

http://groups.google.com/group/soc.culture.malaysia/browse_thread/thread/e968d1b0e53ec93f

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Saturday, April 11, 2009

Saya Pun Melayu – Zaid Ibrahim

Full credit is given to Din Merican for writing the book review below:

Saya Pun Melayu, the first to be written by Zaid Ibrahim in Bahasa Malaysia, is his second book following Zaib’s In Good Faith which received popular readership in 2007. The book opens with a Forward by Tengku Razaleigh Hamzah.

It is written with four objectives in mind. First, Zaid intended it to be read by Malays so that they can deepen their knowledge of fundamental issues. He says, ” Hanya dengan ilmu mereka dapat mengatasi kejahilan tentang perkara-perkara asas… Membaca Utusan Malaysia sahaja tidak akan mengembangkan pemikiran mereka…Membaca memang menambah ilmu. Dan ilmu itulah yang akan menukar nilai dan pandangan.Itulah yang memajukan orang Melayu”.

Second, Zaid hopes that the Malays will strengthen and embed their spirit of tolerance and moderation. He goes on to say, “Buku ini cuba mengingatkan kita bertapa bahayanya perkauman dan nilai fasis yang bahaya…biarlah orang Melayu jangan menjadi ekstrem, jangan menjadi ganas, dan jangan menjadi budak upahan pemimpin politik yang tidak bertanggungjawab yang selalu mengapi-apikan perpecahan dan perkauman. Kita kaum dan bangsa yang bermaruah, dan inilah masanya kita tunjuk kepada mereka yang rakus kuas dan sombong bahawa Melayu ada harga diri dan Melayu mahukan keamanan dan kesejahteraaan untuk semua (peace and harmony for all).”

Third, Saya Pun Melayu seeks to explain the true meaning of democracy for Malaysia, and to Malaysians especially the Malays. It says, “…demokrasi di negara kita adalah demokrasi ‘kangkong’, iaitu demokrasi murahan (cheap democracy). Kita digelar demokrasi kerana kita ada pilihan raya lima tahun sekali. Itupun dengan penuh muslihat dan rintangan. Ciri-ciri negara demokrasi yang bebas dan rakyat hidup selesa tanpa takut ditahan pada pagi hari kerana pandangan politiknya malam tadi masih belum wujud di negara kita. Malaysia juga banyak undang-undang tetapi semuanya berteraskan keadilan. Undang-undang tanpa keadilan adalah instrumen atau alat untuk melakukan kekerasan dan kekejaman terhadap rakyat. Oleh itu rakyat mestilah bersatu hati memperkuatkan tekad mempertahankan sistem yang berteraskan keadilan yang hanya ada dalam demokrasi yang tulen (genuine democracy).”

Fourth, Zaid says that he has written this book because he wants his children and the young generation of Malays and non-Malays to know that there are no shortcuts to success in life. “Lebih-lebih lagi kalau kita anak orang kebanyakan yang bukan dari golongan ternama atau bangsawaan yang sudah ada nama dan pangkat. Kejayaan yang dicari mestilah berasaskan kepada keupayaan (ability) dan usaha gigih (effort). Tidak ada kejayaan yang dicapai oleh mana -mana bangsa di dunia ini dengan hanya bergantung kepada hak istimewa ataupun dengan pertolongan kerajaan semata-mata. Ianya bergantung kepada sesuatu bangsa untuk memilih cara hidup yang sihat, nilai yang baik, sanggup bersaing dan usaha yang kuat dan berterusan. Ketahanan kita sebagai kaum dan bangsa yang bermaruah sering diuji dalam dunia moden sekarang ini kemanusiaan menjadi bergitu realtif sekali”.

He adds, ” Mempertahankan prinsip dan kebenaran menjadi satutanggungjawab kita untuk kemajuan yang berkekalan. Dan kalau Melayu menghargai diri, kita mestilah sanggup menolak budaya rasuah atau menjadi ‘pak turut’ untuk mencari upah dan pangkat.”

Zaid’s latest book based on these clearly articulated objectives is a very interesting read about a boy from Kelantan of modest beginnings who rose into professional and political prominence through true grit. It contains invaluable insights into our political history, with chapters on Tun Salleh Abas, Mahathirism, Malay Politics and Pakatan Rakyat, Fascism, Communism and Freedom, the Future of the Malays, and Leaders Zaid respects, etc.

It is a highly readable book written in elegant prose and should be read by all Malaysians. 10,000 copies were printed and as it is in popular demand, the publishers are planning to go into second printing.

Contrary to what Mahathir thinks of him, Zaid is an astute politician and a dedicated Malay nationalist with a Malaysian worldview. I wish to congratulate and thank Zaid for sharing his dreams, memories, struggles and experiences with us.

For those who are busy, I would recommend that you read Chapter 20 ofSaya Pun Melayu. The chapter is entitled “Pemimpin Yang Saya Hormati” and I wish to quote the first paragraph of that chapter in its entirety:

“Tidak dapat siapa menafikan UMNO banyak melahirkan pemimpin Melayu berwibawa dan setaraf dengan pemimpin dunia negara membangun lain. Malahhan pemimpin UMNO lah yang membawa kemerdekaan negara ini. Saya mengagumi kebolehan mereka kerana integriti mereka. Tetapi mereka bukan daripada kalangan UMNO Baru selepas 1987 tetapi para pemimpin UMNO asal yang ditubuhkan pada tahun 1946.”

No wonder Mahathir calls the author of Saya Pun Melayu “Stupid”. Zaid excludes Mahathir from the list of leader he respects. But Anwar Ibrahim, Tok Guru Nik Aziz, Tengku Razaleigh Hamzah and Musa Hitam are in his pantheon of leaders.

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Friday, April 10, 2009

New Cabinet Lineup

Koh Tsu Koon, the man who was rejected by Penangites has been named the minister in PM’s Department.

But he is not alone, Shahrizat, who also lost in the GE, was also named a minister.

Tony Pua commented that the cabinet is consisted of too many political rejects. If those people who lost in GE can also hold ministerial posts, what’s the use of holding GE in the first place?

Khairy won the UMNO Youth chief post but was not given any posts while his Deputy was appointed as a deputy minister. What happened to Khairy? Why did our PM make such a decision?

Well, let’s give this new cabinet some time to prove themselves. But, just don’t put in too high hope!

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Sunday, March 29, 2009

Remember 8th March, we can do it again on 7th April!

 

Please go back and vote on 7th April, together we can create a better future for Malaysia.

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Saturday, March 7, 2009

马华、民政的改革

308海啸后,我们不时在报章上读到马华与民政的改革大计。笔者认为,那不过是浪费党的财力物力而已,你纵使再改革,人们垂弃的是巫统,若然巫统不改革,马华与民政注定要没落。

巫统党选近在眉梢,巫统一向来最拿手的好戏-种族课题当然又被拿来炒作一番。不过这一次更‘够力’,使出了一招3R攻势。所谓3R即Race:种族,Religion:宗教和Royalty:皇族,势必要把民联攻个片甲不留。

3R攻势在马来西亚披靡无敌了50年,但是我们从308可以看到城市马来人的思想已经改变,他们不再局限于种族政治。以前的马来人看到行动党好像看到杀父仇人似的,但现在竟然有越来越多马来人选择加入行动党。308全国大选,行动党在一些混合选区取得巨大成功,已经证明马来人也把选票投给行动党,这是空前所未有的!

笔者认为,公正党是马来西亚最具潜能的政党,因为他彻底掌握了未来种族多元化的方向。公正党实权领袖安华2月28日在公正党特别会议的演讲就叫人拍案叫绝。他促马来人走出封建思想摆脱狭隘与落伍的思维。

这名国会反对党领袖要求公正党干部,重新发掘马来民族历史与文化中的进步因素,以著名马来典故《汉都亚传奇》(Hikayat  Hang Tuah)中的马六甲王朝宰相敦霹雳(Bendahara Paduka Raja Tun Perak)来反驳巫统的宣传攻势。
“在这中情况下具有三类面对君主的态度,一是汉都亚盲目的效忠君主,二是汉惹拔(Hang Jebat)背叛君主让无辜人民流血的态度,在两者之间则是敦霹雳,既效忠又拥有智慧。”


安华更凸显他学贯东西的文化素养,将敦霹雳比喻为法官大革命时期的保守主义政治理论家兼英国国会议员柏克(Edmund Burke),汉惹拔则是激进的革命领袖雅各宾(Jacobin)。
“柏克的思潮与我们的联系点在于,他是一名改革家,支持光辉革命(Glorious Revolution),即限制皇权的国会革命,也是一名反对滥权的国会议员。”

                          - 《当今大马》

巫统领袖的演讲大多涉及马来人主权与特权,马华与民政领袖的演讲则乏善可陈,多数是打发展牌,沉闷冗长。回教党则多数触及回教国课题。行动党的党要虽然各个辩才无双,但是演讲词只尽煽情,并没有太多内涵。反观公正党实权领袖安华的演讲,不但口才滔滔,讲词一针见血,还能引经据典,非常有说服力,难怪也只有他能够撮合两个思想完全迴异的回教党与行动党。

好几场的补选即将到来,国阵能否胜出完全取决于巫统。巫统是否肯改变?极端的种族主义者是否能改变成较为中和?

如果巫统以为纵横了50年的3R攻势依然有效,恐怕国阵在即来的补选中会再度失蹄。

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Federal Constitution 132

Federal Constitution 132 clearly states that a Speaker is not a public officer, thus the ruling by Ipoh High Court judicial commissioner Ridwan Ibrahim is totally invalid.

Judicial commissioner Ridwan Ibrahim said that Sivakumar is a public officer with public duties and should rightfully be represented by the state legal adviser instead of his own panel of lawyers.

Federal Constitution is the basic for any law student in Malaysia. If I am not mistaken, my friends took it in their 1st year. Somehow it seems that our High Court judge is not even familiar with our own federal constitution. 

Do you still have confidence in our judiciary system?

 

PART X - PUBLIC SERVICES

Article 132

132.

(1) For the purposes of this Constitution, the public services are -

  • (a) the armed forces;
  • (b) the judicial and legal service;
  • (c) the general public service of the Federation;
  • (d) the police force;
  • (e) the railway service;
  • (f) the joint public services mentioned in Article 133;
  • (g) the public service of each State; and
  • (h) the education service.

(2) Except as otehrwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of Clause (1) may bge regulated by federal law and, subject to the provisions of any such law, by Yang di-Pertuan Agong; and the qualifications for appointment and conditions of service of persons in the public service of any State may be regulated by State law and, subject to the provisions of any such law, by the Ruler or Yang di-Pertua Negeri of that State.

(2A) Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d), (e), (f) and (h) of Clause (1) holds office during the pleasure of the Yang di-Pertuan Agong, and, except as expressly provided by the Constitution of the State, every person who is a member of the public service of a State holds office during the pleasure of the Ruler or Yang di-Pertua Negeri.

(3) The public service shall not be taken to comprise -

  • (a) the office of any member of the administration in the Federation or a State; or
  • (b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State; or
  • (c) the office of judge of the Supreme Court or a High Court; or
  • (d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; or
  • (e) such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being post which but for the order would be posts in the general public service of the Federation.

(4) References in this Part, except in Articles 136 and 147 to persons in the public service or to members of any of the public services shall not apply to:

  • (a) the Clerk to either House of Parliament or any member of the Staff of Parliament; or
  • (b) the Attorney General or, if provisions for the manner of his appointment and removal from office is specifically included in the Constitution of the State, or if he is appointed otherwise than from among the members of the judicial and legal service or of the public service of the State, the legal adviser of any State; or
  • (c) a member of the personal staff of the Yang di-Pertuan Agong or of a Ruler or Yang di-Pertua Negeri; or
  • (d) in the case of Malacca and Penang, if provision os made by State law for their appointment -
    • (i) the President of the Religious Affairs Department;
    • (ii) the Secretary of the Religious Affairs Department;
    • (iii) the Mufti;
    • (iv) the Kadi Besar; or
    • (v) a Kadi.

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State Legal Advisor Must Represent Speaker?

Read this news from The Star regarding State LA must represent speaker.

Ipoh High Court Commissioner Ridwan Ibrahim ruled that Sivakumar was not allowed to be represented by his lawyer and must ONLY be represented by state LA, based on Government Proceedings Act.

Firstly, Government Proceedings Act is not applicable because Sivakumar doesn’t not come within the Government Proceedings Act. The speaker is not a “public officer” and the State Assembly is not “government” within the meaning of that Act.  See here for more details (Press release by Tommy Thomas, lawyer representing the Speaker).

Secondly, according to Dato’ Ambiga Sreenevasan, President of Malaysian Bar, there is a clear conflict of interest. The state LA and his department are presently acting for Dato’ Zambry in the Kuala Lumpur High Court suit where Dato’ Zambry’s appointment is being challenged. How can he or his department now act for the Speaker against Dato’ Zambry?

Firstly, every lawyer must act on the instructions of his client and not otherwise.  The Speaker has stated that he never gave instructions to the State Legal Advisor to either appear for him or to argue the case on his behalf.  This is a matter that the Court must satisfy itself of before proceeding.

                                       - Dato’ Ambiga Sreenevasan

                                          (President, M’sian BAR)

Dato’ Ambiga Sreenevasan said that what had happened in Perak was unprecedented. There is not even a single lawyer who is able to give a conclusive opinion as it involves complex issues and complicated constitution interpretation.

However, there is one way to solve it once and for all – fresh election. Let the people decide.

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