Wednesday, November 4, 2009

Malaysia's opposition alliance puts house in order

Malaysia's opposition alliance puts house in order


Wednesday, 04 November 2009 18:26
By EILEEN NG, Associated Press


Malaysia's three key opposition parties moved to formalize their coalition despite ideological differences by officially registering their alliance, senior officials said Wednesday.

The move comes as the three-party People's Alliance seeks to bolster unity and to counter populist measures instituted by Prime Minister Najib Razak to revive support for his ruling coalition since taking power in April.

The People's Alliance was first formed as a loose coalition among the multiracial People's Justice Party, the leftist and Chinese-based Democratic Action Party, and the religion-based Pan-Malaysian Islamic Party to compete in general elections last year.

It proved to be a winning formula when it captured more than one-third of parliamentary seats and gained control of several key states, handing the worst-ever electoral results to the National Front coalition, which had governed the country since 1957.

Tian Chua, a senior member of the People's Justice Party, said the People's Alliance submitted an application Tuesday to the Registrar of Society to become a formal coalition.

"This is a big step forward. It will make us more organized and structured" ahead of the next general elections in 2013, he told The Associated Press. Once approved, the alliance will call for a special meeting to elect its office bearers, he said.

It was not clear how long it will take to get the registrar's approval.

Another party official, who declined to be named, said the People's Alliance proposed the emblem of a rising sun, signaling a new dawn for the country as it seeks to unseat Najib's National Front coalition.

The move will be a moral booster for the opposition alliance beset by ideological spats, especially between the Democratic Action Party and Pan-Malaysian Islamic Party.

Former Deputy Prime Minister Anwar Ibrahim, who heads the alliance, was instrumental in bringing the three disparate parties together. But the alliance began to strain when some top members of the Pan-Malaysian Islamic Party began talking about uniting with the United Malays National Organization, the main component of the National Front.

The move threatened to split the opposition, but the Islamic party agreed last week to shut the door to any attempt for such talks.

Still, the People's Alliance faces a tough task in countering Najib who has taken steps to reach out to ethnic Chinese and Indian minorities that have long complained of racial discrimination and corruption.Najib has liberalized selected aspects of the services sector to tackle the economic slowdown. Last month, he also instituted radical reforms on the way leaders are elected in his ruling Malay party to make it more democratic.

Tuesday, September 29, 2009

SOKONGAN


PAS calonkan Zulkefly

Abdul Rahim Sabri
Sep 29, 09
11:59am


Pesuruhjaya PAS Negeri Sembilan, Zulkefly Mohamad Omar diumumkan malam ini sebagai calon PAS dalam pilihanraya kecil DUN Bagan Pinang 11 Oktober depan.

Pemilihan Zulkefly diumumkan oleh Presiden PAS, Datuk Seri Abdul Hadi Awang di pusat penyelarasan DAP bagi pilihanraya kecil berkenaan dekat Port Dickson.

Petang tadi, Timbalan Presiden Umno, Tan Sri Muhyiddin Yassin telah mengumumkan pemilihan bekas menteri besar Negeri Sembilan, Tan Sri Isa Samad sebagai calon BN.

Dewan Harian PAS bermesyuarat petang tadi untuk memuktamad pemilihan calonnya di Bagan Pinang.

Kerusi DUN Bagan Pinang kosong ekoran kematian penyandangnya, Azman Mohamad Noor dari BN yang menang dengan majoriti 2,333 dalam pilihanraya umum Mac tahun lalu.

Azman yang juga naib ketua bahagian Teluk Kemang, menewaskan Ramli Ismail dari PAS yang mendapat 4,097 undi.


http://www.malaysiakini.com/news/113794

Friday, September 4, 2009

ADUN BN Bagan Pinang NS meninggal


ADUN BN bagi Bagan Pinang, Negri Sembilan, Azman Mohd Noor meninggal dunia di Seremban hari ini.
Beliau meninggal dunia pada jam 2.30 petang tadi di Pusat Pakar Seremban.

Dalam pilihanraya umum lalu, Azman, 54, menang dengan mendapat 6,430 undi, menewaskan calon PAS, Ramli Ismail yang mendapat 4,097 undi.
Dalam pilihanraya umum lalu, DUN Bagan Pinang mempunyai 14,192 pengundi yang 66 peratus Melayu, Cina (10.5%), India (19.9%) dan lain-lain (3.5%).

Ekoran itu, Suruhanjaya Pilihan Raya (SPR) akan mengadakan pilihanraya kecil dalam tempoh 60 hari ini.
Ia merupakan pilihanraya kecil kesembilan selepas pilihanraya umum tahun lalu.

Bagan Pinang merupakan kawasan DUN dalam Parlimen Telok Kemang. Empat lagi DUN dalam parlimen tersebut ialah Chuah, Lukut, Linggi dan Port Dickson.

Dalam pilihanraya umum lalu, Parlimen Telok Kemang dimenangi oleh calon PKR, Datuk Kamarul Baharin Abbas.

Manakala DUN Chuah pula dimenangi oleh PKR, Lukut (DAP), Linggi (BN) dan Port Dickson (PKR).

Azman juga merupakan naib ketua Umno bahagian Teluk Kemang.

Menurut Bernama, anak lelakinya Hairol Asfani, 22, berkata bapanya meninggal dunia akibat jangkitan dalam darah.
BN menguasai 21 daripada 36 kerusi DUN di Negeri Sembilan. Dalam pilihan raya lalu, DAP menang 10 kerusi, PKR (4) dan PAS (1).
Allahyarham meninggalkan seorang isteri Normah Zainal Abidin, 49, dan lima anak iaitu Mohd Khusairi, 23, Hairol Asfani, 22, Norsyazila, 19, Norsyafikah, 16, dan Norsyafitra, 13.
Hairol Asfani yang ditemui pemberita di hospital itu berkata bapanya dimasukkan ke hospital pada jam 3.30 pagi tadi akibat demam dan tidak boleh berjalan. "Ayah mengadu demam sebelum ini tapi boleh berjalan tetapi lepas berbuka (puasa) petang semalam ayah tidak boleh berjalan," katanya.
Beliau berkata semua anggota keluarga berada di sisi bapanya semasa allahyarham menghembuskan nafas terakhir pada kira-kira jam 2.30 petang.
Hairol Asfani berkata bapanya pernah menjalani pembedahan pintasan koronari pada Mei lalu.
Turut hadir di hospital ialah Menteri Besar Datuk Seri Mohamad Hasan dan bekas Menteri Besar yang juga Ketua Umno Bahagian Telok Kemang Tan Sri Mohd Isa Abdul Samad.

"Allahyarham merupakan kawan lama saya dalam Umno, tambahan pula beliau adalah Naib Ketua Umno Bahagian Telok Kemang dan telah berkhidmat dengan baik. Saya berharap keluarga allahyarham dapat bersabar menerima dugaan ini dengan tabah," kata Mohamad.

Mohd Isa pula berkata pemergian allahyarham adalah kehilangan seorang tokoh Umno Bahagian Telok Kemang dan Negeri Sembilan.

Katanya allahyarham adalah seorang yang taat kepada parti dan komited dalam tugasan yang diberikan kepadanya.

Jenazah allahyarham akan dikebumikan di tanah perkuburan kariah Bagan Pinang malam ini.

Sementara itu, Speaker Dewan Undangan Negeri Sembilan Datuk Abdul Razak Mansor berkata beliau akan mengemukakan notis mengenai kekosongan kerusi DUN Bagan Pinang kepada SPR Isnin ini (7 September).

"Terpulang kepada SPR untuk menentukan tarikh penamaan dan pengundian bagi pilihan raya kecil DUN itu," katanya.

Wednesday, August 26, 2009

ADUN Lunas gugur, Kulim exco baru

ADUN Lunas gugur, Kulim exco baru
Ogos 26, 09 4:34pm

Sultan Kedah memperkenankan ADUN Lunas, Mohd Radzhi Salleh, yang mengisytiharkan dirinya wakil bebas Ahad lalu, digugurkan daripada jawatan exco Kedah, berkuatkuasa semalam dan digantikan oleh ADUN Kulim dari PKR, Lim Soo Nee.

Titah perkenan Sultan Kedah itu juga diterima semalam, kata Menteri Besar Datuk Seri Azizan Abdul Razak.

"Perkara ini telah dimaklumkan kepada Mohd Radzhi melalui pembantu peribadinya kerana beliau tidak ada di pejabat, dan Timbalan Setiausaha Kerajaan Negeri juga telah diarahkan untuk memaklumkan bahawa jawatan exco telah digugurkan mulai 25 Ogos," katanya dalam satu sidang media di Wisma Darul Aman, di Alor Star hari ini.

Ahad lalu, Mohd Radzhi yang juga exco pelancongan, pembangunan masyarakat dan sumber manusia, mengumumkan keluar dari PKR dan melepaskan semua jawatan dalam parti itu serta mengisytiharkan dirinya menjadi wakil rakyat Bebas selepas hilang kepercayaan terhadap pucuk pimpinan parti itu.

Sementara itu, Azizan berkata majlis angkat sumpah pelantikan Lim Soo Nee untuk mengisi jawatan exco yang kosong itu, akan diadakan minggu depan.

"Majlis angkat sumpah akan dilakukan minggu depan kerana ramai pegawai-pegawai masih berada di luar negara dan kita kena tengok masa Tuanku," katanya.P

ada 24 Ogos, Azizan menyembahkan surat kepada Sultan Kedah bagi memohon perkenan baginda supaya perkhidmatan Mohd Radzhi ditamatkan dan digantikan dengan orang lain.

Azizan berkata, pihaknya juga akan berbincang dengan Setiausaha Kerajaan Negeri sama ada akan melakukan penambahan atau perubahan portfolio exco berkenaan.

"Buat sementara, saya akan pegang portfolio itu (Pelancongan, Pembangunan Masyarakat dan Sumber Manusia), sebelum majlis angkat sumpah.

Sementara itu, Pengerusi PKR Kedah, Ahmad Kassim berkata pemilihan Lim untuk menggantikan Mohd Radzhi dibuat selepas mencapai persetujuan hasil perbincangan antara Menteri Besar dan Penasihat parti itu.

Katanya, pemilihan Lim juga mengambil kira faktor geografi kedudukan Lunas yang terletak berhampiran dengan Kulim.

Lim sedia terima

Sementara itu, Lim menyambut baik serta bersedia untuk menerima pelantikan sebagai Exco kerajaan negeri, walaupun tidak mempunyai pengalaman memegang jawatan penting seumpama itu sebelum ini.

Lim, 37, berkata, peluang itu akan digunakan sebaiknya untuk memperjuangkan hak-hak rakyat dan akan melaksanakan tanggungjawab berkenaan dengan penuh amanah.

"Saya sudah terima banyak panggilan dan SMS yang mengucapkan tahniah dan sangat menghargai kepercayaan menteri besar sertapenasihat parti yang memilih saya untuk menjadi exco negeri ini," katanya ketika dihubungi Bernama.

Lim juga berkata bahawa harapan beliau agar polisi yang diamalkan sebelum ini, iaitu sentiasa dekat dengan rakyat dapat diteruskan walaupun sudah memegang jawatan exco kelak.

"Walaupun saya tidak ada pengalaman jadi exco, saya akan tetap dengan polisi saya dan dasar-dasar yang tidak adil akan tetap saya bantah," katanya.

Sebelum majlis angkat sumpah diadakan minggu depan, portfolio yang dipegang oleh Mohd Radzhi akan diambil alih oleh Menteri Besar, Datuk Seri Azizan Abdul Razak.

Dalam pilihan raya umum ke-12, Mac tahun lalu, Lim menewaskan calon BN, Lim Lee Choo dan calon Bebas, Khairul Anuar Ramli dengan majoriti 7,365 undi.

Lim, seorang kontraktor, mempunyai empat anak berusia antara tujuh dan 15 tahun hasil perkahwinannya dengan isteri, Woon Nyok Yen, 34. Bernama.

Tuesday, August 25, 2009

PAS menang, majoriti menurun


PAS memenangi kerusi DUN Permatang Pasir dengan majoriti besar tetapi merosot beberapa ratus undi daripada keputusan yang dicapai parti itu pada pilihan raya umum tahun lepas.


Suruhanjaya Pilihan Raya (SPR) mengumumkan, calon PAS Mohd Salleh Man mendapat 9,618 undi, meninggalkan calon BN Rohaizat Othman dengan 5,067 undi. Majoriti yang diraih Salleh 4,551, kurang 882.


Bekas ADUN allahyarham Datuk Mohd Hamdan Abdul Rahman mendapat majoriti 5,433 undi - kemenangan PAS kali ketiga di kerusi itu sejak pilihan raya umum 1999. Jumlah mereka yang keluar mengundi merosot hampir 10 peratus kali ini kepada 73.1 peratus berbanding 82.6 peratus pada Mac 2008.



Thursday, August 6, 2009

Apakah pandangan anda tentang ISA


Nyatakan pendapat andi di laman web Kementerian Dalam Negeri (sebelum diberhentikan survey tersebut):




Sunday, July 19, 2009

Tee Keat sedih Chua sertai PKR

Presiden MCA Datuk Seri Ong Tee Keat berkata beliau sedih dengan keputusan bekas naib presiden parti itu Datuk Chua Jui Meng keluar daripada MCA dan menyertai Parti Keadilan Rakyat (PKR).
Bekas menteri kesihatan itu, kata Ong, adalah seorang yang berpengalaman dan adalah diharapkan keputusan politik yang diambilnya itu adalah bagi kebaikan rakyat.
Bercakap kepada pemberita selepas merasmikan Konvensyen MCA Perak di Ipoh, Ong yang juga menteri pengangkutan berkata persahabatan beliau dengan Chua tidak terjejas walaupun selepas perebutan jawatan presiden pada pemilihan parti tahun lepas.
Ditanya sama ada tindakan Chua merugikan MCA, beliau berkata setiap hari ada orang yang menyertai parti itu dan juga keluar daripada parti, lapor Bernama.
Katanya, Chua telah membuat pilihan untuk menyertai pembangkang.
Ong berkata beliau ada berjumpa dengan Chua dua hari lalu tetapi enggan menggulas apa yang dibincangkan apabila ditanya pemberita.
Chua mengumumkan hari ini bahawa beliau keluar daripada MCA dan menyertai PKR kerana wawasan beliau untuk pembaharuan dalam manifestonya pada pemilihan presiden MCA tahun lepas, sama dengan wawasan Agenda Malaysia penasihat PKR Datuk Seri Anwar Ibrahim.
Beliau menyertai PKR dan keluar MCA tanpa sebarang syarat yang sepatutnya diberikan kepadanya oleh parti pembangkang itu, kata Chua ketika mengumumkan keputusan beliau itu pada persidangan akhbar selepas menghadiri Forum Awam PKR di Petaling Jaya.
Di Kuala Lumpur, Naib Presiden MCA Datuk Seri Liow Tiong Lai yang turut bersedih dengan tindakan Chua itu berkata bekas menteri kesihatan tersebut telah memilih hala tujunya sendiri.
Beliau berkata tindakan Chua itu tidak harus menggugat MCA sebaliknya anggota parti perlulah bersatupadu dan bekerjasama untuk mengukuhkan parti.
Di Kluang, Naib Presiden Umno Datuk Seri Hishammuddin Tun Hussein menyifatkan tindakan Chua menyertai pembangkang tidak akan menjejaskan perjuangan BN.
Menteri dalam negeri itu berkata tindakan Chua menyertai PKR bukan sesuatu perkara yang mengejutkan kerana beliau sendiri tidak mempunyai tempat dalam MCA."
Itu hak dia, beliau tidak ada tempat dalam parti MCA dan meluahkan kata-kata tertentu sebelum ini sebelum keluar daripada parti. Saya rasa bukan ganjil kerana ada bekas menteri sebelum ini juga pernah keluar dari BN dan masuk ke PKR," katanya kepada pemberita selepas program Polis Kemasyarakatan di Felda Ulu Belitong, di sini, hari ini.
Hishammuddin yang juga anggota Parlimen Sembrong berkata tindakan Chua itu adalah berkisar kepada masalah peribadi beliau sendiri dan menyerahkan kepada masa untuk menentukan sama ada tindakannya itu tepat atau tidak.
"Bagi saya ia tidak menjejaskan parti kerana perjuangan BN tidak berkisar kepada individu. Perjuangan itu lebih penting daripada individu dan puak tertentu," tegasnya.

Monday, June 22, 2009

Pakatan sepakat tolak k'jaan perpaduan



Pakatan sepakat tolak k'jaan perpaduan
Jun 22, 09 3:39pm


Pemimpin-pemimpin Pakatan Rakyat sepakat menolak perbincangan kerajaan perpaduan dengan Umno atau Barisan Nasional, demikian diputuskan dalam suatu mesyuarat petang ini.Pemimpin tiga parti tersebut PKR, DAP dan PAS mengulangi pendirian mereka untuk meneguhkan kerjasama dalam gabungan pembangkang dengan hasrat mengambil alih kerajaan persekutuan suatu masa nanti.Kenyataan bersama mereka ditandatangani oleh penasihat PKR Datuk Seri Anwar Ibrahim, tokoh utama DAP Lim Kit Siang dan Presiden PAS Datuk Seri Abdul Hadi Awang.




===============================================
http://siasahdaily.blogspot.com/2009/06/pakatan-rakyat-tolak-kerajaan-perpaduan.html

Pimpinan tertinggi Pakatan rakyat bermesyuarat di Parlimen

KUALA LUMPUR: Pakatan Rakyat mengambil keputusan menolak idea kerajaan perpaduan selepas Majlis Presiden Pakatan Rakyat mengadakan mesyuarat sejam di Parlimen hari ini.

Membacakan kenyataan selepas mesyuarat itu, Ketua Umum Pakatan Rakyat, Datuk Seri Anwar Ibrahim berkata:"Majlis Pimpinan Pakatan Rakyat menolak idea penubuhan kerajaan perpaduan dengan Umno-Barisan Nasional yang merupakan suatu fitnah dan tohmahan jahat serta tindakan terdesak Umno untuk menggugat kekuatan Pakatan Rakyat yang semakin mendapat dukungan rakyat.

"Kenyataan itu ditandatangani oleh Anwar; Presiden PAS, Datuk Seri Abdul Hadi Awang dan Penasihat DAP, Lim Kit Siang telah dibacakan dalam sidang media di lobi Parlimen.

Anwar menambah, pada masa yang sama Pakatan Rakyat mengambil sikap terbuka dan bersedia untuk bertemu dengan pimpinan BN bagi membincangkan isu-isu melibatkan kepentingan negara dan rakyat seperti usaha pemulihan ekonomi.

Mesyuarat itu turut dihadiri oleh timbalan-timbalan presiden, naib presiden dan setiausaha agung parti komponen Pakatan.

Thursday, June 18, 2009

10 wakil PAS tolak k'jaan perpaduan

10 wakil PAS tolak k'jaan perpaduan
Jun 18, 09 5:22pm
Sepuluh ahli parlimen PAS tiba-tiba membuat kejutan petang ini - mengisytiharkan beramai-ramai penolakan kerajaan perpaduan dan sekali gus memberi mandat kepada mursyidul am untuk menangani isu tersebut yang sedang menggelegak dalam parti itu.
Dalam kenyataan ringkas tiga perenggan, mereka sebulat suara menegaskan bahawa idea kerajaan perpaduan seperti disarankan Presiden PAS Datuk Seri Abdul Hadi Awang "tidak pernah merupakan agenda PAS."
Kenyataan tersebut, bersama tandatangan sepuluh anggota Dewan Rakyat itu, diedarkan dalam satu sidang media di lobi Parlimen. Ahli-ahli parlimen PAS itu seperti berikut:

Dr Hatta Ramli (Kuala Krai),
Khalid Samad (Shah Alam),
Dr Dzulkefly Ahmad (Kuala Selangor),
Datuk Kamaruddin Jaffar (Tumpat),
Siti Zailah Mohd Yusoff (Rantau Panjang),
Siti Mariah Mahmud (Kota Raja),
Dr Lo’ Lo’ Mohd Ghazali (Titiwangsa),
Mohd Hayati Othman (Pendang),
Taib Azamuddin Md Taib (Baling)
dan Mujahid Yusof Rawa (Parit Buntar).

Sementara itu di Kota Bharu, Nik Aziz merancang mengadakan mesyuarat khas yang hanya dihadiri pemimpin tertinggi PAS termasuk Abdul Hadi dan timbalannya Nasharudin Mat Isa.
"Saya sendiri akan menjemput Presiden PAS Datuk Seri Abdul Hadi Awang, timbalan presiden (Nasharudin) dan beberapa pemimpin PAS lain yang akan saya tentukan kemudian.
"Pertemuan ini saya namakan mesyuarat ukhuwah yang akan menyelesaikan isu kerajaan perpaduan ini."
Buat masa ini masa, tarikh dan lokasinya belum lagi dapat ditentukan sama ada di Kuala Lumpur atau di Kelantan, bergantung kepada kesesuaian masa tetapi akan diadakan secepat yang boleh," Nik Aziz dipetik berkata selepas mempengerusikan mesyuarat Dewan Harian PAS Kelantan hari ini.

Monday, May 18, 2009

Letter of Demand sent to Anifah Aman

S N NAIR & PARTNERSYour Ref: Please AdviseOur Ref: SNN/DSAI/Anifah/09
Date: 18th May 2009
Y.B. DATUK ANIFAH BIN HJ. AMANBy Fax 03-8889 171703-8889 2816
Menteri Luar Negeri,
Certificate of Posting
Kementerian Luar Negeri,Aras 3, Wisma Putra, No. 1, Jalan Wisma Putra,
Presint 2,Pusat Pentadbiran Kerajaan Persekutuan,
62602 PUTRAJAYA.

YB,
Re: Libellous Statement
We act for Datuk Seri Anwar Ibrahim who is the Former Deputy Prime Minister and is presently the Leader of the Opposition in the Malaysian Parliament.
We are instructed that on or about 16th May 2009, you uttered and or made a statement at the State Department in Washington during a joint press conference with US secretary of State Mrs. Clinton, that was published and/or caused to be published by Associated Press and was consequently carried by The Star Newspaper (and several local print and electronic media), which was captioned as “Anwar offered me the DPM’s post, says Anifah” which is reproduced in full and verbatim hereinbelow:
“Anwar offered me the DPM’s post, says Anifah
Washington: Foreign Minister Datuk Anifah Aman has revealed that Opposition leader Datuk Seri Anwar Ibrahim had offered him the post of Deputy Prime Minister as bait to switch sides after the general election last year.
“Just for the information of the audience here, Anwar said he would form a government on Sept 16 but he has changed the dates many times. And he was trying to entice Members of Parliament.
“I was personally offered a very lucrative position, like a deputy prime ministership. These facts are not known to the world at large,” he said during a joint press conference with US Secretary of State Hillary Clinton, which was packed with American and foreign journalists.
“And he has started trying to buy other legislative members. I think he has not accepted the result of the last elections.
“We (Barisan Nasional) have lost five states and we willingly accept the people’s verdict.”
A Reuters journalist had earlier asked Clinton whether she raised the Anwar issue at her meeting with Anifah as the State Department’s annual human rights report had mentioned that charges against Anwar were politically motivated.
Clinton replied that she had raised the rule of law issues and larger questions concerning institutional reforms that Malaysia had been pursuing.
Anifah, who was clam throughout, said he had faith in Malaysia’s judicial system, citing the case of Perak where the High Court had reinstated Datuk Seri Mohamad Nizar Jamaluddin as Perak Menteri Besar although it was a ruling made against the Federal Government.
Anifah said Anwar was tarnishing the image of Malaysia.
“It is our wish and hope that he will respect the democratic system in Malaysia.”
Anifah told another journalist that Malaysia would use the “good office” of the Asean secretariat to find a solution to the case involving Myanmar’s pro-democracy leader Aung San Suu Kyi who faces new charges less than two weeks before her house arrest was due to end after an American man swam across a lake and entered her home.
On improving US relations with Islamic countries, Clinton said that United States would seek out partners like Malaysia and the Organisation of the Islamic Conference for guidance.” (hereinafter called “the Impugned Article”).
Inter alia, the Impugned Article contained the following defamatory words uttered and or quoted by you about our client:
i. “Foreign Minister Datuk Anifah Aman has revealed that Opposition leader Datuk Seri Anwar Ibrahim had offered him the post of Deputy Prime Minister as bait to switch sides after the general election last year.”
ii. “Just for the information of the audience here, Anwar said he would form a government on Sept 16 but he has changed the dates many times. And he was trying to entice Members of Parliament.”
iii. “I was personally offered a very lucrative position, like a deputy prime ministership. These facts are not known to the world at large,” he said during a joint press conference with US Secretary of State Hillary Clinton, which was packed with American and foreign journalists.”
iv. “And he has started trying to buy other legislative members. I think he has not accepted the result of the last elections.”
v. “Anifah said Anwar was tarnishing the image of Malaysia.” (collectively hereinafter called “the Impugned Words”)
The Impugned Article and the Impugned Words were and are defamatory and or libellous of our Client and in their natural and ordinary meaning and or by implication mean, meant and were understood to, inter alia, mean that:
i) our Client is a dishonest person both in his private and official capacity;
ii) our Client is a liar;
iii) our Client is an untrustworthy person as well as an unfit politician;
iv) our Client is unfit to hold public office;
v) our Client is unprincipled and corrupt;
vi) our Client has committed a criminal offence punishable with imprisonment;
vii) our Client is unethical; and
viii)our Client wantonly abuses his position in public and private office.
By innuendo, the Impugned Article and the Impugned Words were and are defamatory and or libellous of our Client and were meant and were understood to, inter alia, mean that:
i) our Client is a dishonest person both in his private and official capacity;
ii) our Client is a liar;
iii) our Client is an untrustworthy person as well as an unfit politician;
iv) our Client is unfit to hold public office;
v) our Client is unprincipled and corrupt;
vi) our Client has committed a criminal offence punishable with imprisonment
vii) our Client is unethical; and
viii) our Client wantonly abuses his position in public and private office.
Inter alia, our client contends the following in that, the Impugned Article and the Impugned Words published by you in respect of our client:-
a) are bereft of any truth, vexatious, specious, fallacious and wholly uncalled for;
b) are and were grossly negligent, reckless, irresponsible, deliberate, malicious and aimed to lower our client’s esteem in the eyes of the public, both locally and internationally, and expose our client to public hatred, scorn, odium, opprobrium, contempt and ridicule;
c) are wholly untrue, motivated by malice, mala fides, distortion of facts suggesting moral and legal impropriety on the part of our client and are principally done in your pursuit of seeking cheap publicity /sensationalism for political and other purposes; and
d) are pre-mediated and calculated to tarnish, malign, defame and seriously injure the good name and character of our client.
We are further instructed that you have republished or caused it to be republished the abovementioned Impugned Article and Impugned Words and the libellous comments.
The Impugned Words uttered and published by you in respect of our client and the comments against our client by you, amounts to a very serious libel on our client and have caused our client considerable distress and embarrassment. These Impugned Words published by you in respect of our client and comments made against our client are false, malicious and your attack on our client is wholly unjustified.
We are therefore instructed to demand from you, which we hereby do:
1) An immediate and unequivocal public retraction of the Impugned Article and the Impugned Words and the removal and retraction of all the offending and defamatory comments, forthwith;
2) An apology in the terms to be approved by us as solicitors to be published in newspapers of our client’s choice.
3) An undertaking by you not to repeat the above allegations and comments such as the Impugned Words or the likes of the same.
Our client has also instructed us to demand damages of RM100 million from you for the injury caused to our client’s reputation.
Our client has also requested us to demand payment of all legal costs that has been incurred with regard to this matter.
This letter is written in accordance with the pre-action protocol prior to the institution of a libel action. We look forward to hearing from you without delay. If we do not receive a satisfactory reply within seven (7) days of the receipt of this letter, our instructions are to institute legal proceedings against you. In the meantime, our client reserves all our client’s rights in this matter.
Please acknowledge receipt accordingly.
Thank you.

Yours faithfully,
S N NAIR & PARTNERS

http://anwaribrahimblog.com/

Thursday, May 14, 2009

Himpunan dan Konvensyen Kelab Penyokong PAS Kebangsaan 2009



Himpunan dan Konvensyen Kelab Penyokong PAS Kebangsaan 2009

pada 30hb Mei 2009

jam 8.00pg ~ 2.00 ptg

di Dewan Serbaguna Majlis Daerah Klang.

Perasmian oleh YAB Tuan Guru Datuk Nik Aziz Nik Mat, Menteri Besar Kelantan merangkap Mursyidur Am Parti Islam Se Malaysia (PAS). Semua Ahli KPP, Lajnah Perpaduan Nasional Kawasan dan Negeri seluruh Negara dan Kelab Penyokong Muda PAS di Jemput Hadir

Infomasi : 016-3226159 Hjjh Kamariah s/u LPN PAS Pusat.

Friday, May 8, 2009

What RM25 million can buy, something that goes hee-haw (UPDATED)

http://mt.m2day.org/2008/content/view/21594/84/

What RM25 million can buy, something that goes hee-haw (UPDATED)



Posted by admin
Friday, 08 May 2009 18:54
Do I hear a nationwide boycott in the making? Or are the Chinese still going to continue giving money to Vincent Tan and then blame the Malays for what happened in Perak?
NO HOLDS BARRED
Raja Petra Kamarudin

Hee: I didn't use pepper spray
Hee described the sitting as a "nightmare" and claimed that her former DAP colleagues were out to harass her.
She also complained that she was negatively portrayed by press reports.
She said that the note thrown at her was a RM1 note, not a RM50 note as reported in the media.
To set the record straight, she said her former party colleague Thomas Su (DAP-Pasir Pinji) waved a RM50 in front of her but did not hand her the note.
"If I was given RM50, I will keep it and give it to someone in need. But he is a ‘kedekut' (cheapskate). He held on to it and waved it. I know he is 'kedekut'." she said.
On whether she had used the pepper spray against Yew Tian Hoe (DAP-Aulong), Hee said that she pointed her hotel key-chain, not a pepper spray canister.
"It is just a key-chain. 'Hati mereka ada hantu' (They have a guilty conscience)," she said, adding that she is suffering body aches from the scuffles.
However, a clip taken during the assembly yesterday did show Hee pointing what appeared to be a pepper spray canister at Yew (photo above).
An extract from Malaysiakini, 8 May 2009




Hee Yit Foong holding device at Yew Tian Hoe in the Perak State Assembly dewan
*************************************************
The Deputy Speaker of the Perak State Assembly, Hee Yit Fong, was not only the key person in allowing Barisan Nasional to grab power in Perak -- and she has been going around boasting about it; that she was the key person -- but was also the key person in getting V Sivakumar removed from the hall like a sack of potatoes. And she was paid RM25 million to cross over to Barisan Nasional.
Actually, it was DAP’s fault. For some time now she had been grumbling that she is not being properly treated and was not being given due recognition but the party leadership did not do anything about her grouses.
Some say it was an internal struggle within DAP, which is not uncommon for any political party, as many, if not most, of those in politics are in it for personal gain and not to serve the rakyat. DAP is not alien to internal squabbles. No political party is, whether it is Barisan Nasional or Pakatan Rakyat. In fact, these internal squabbles are ongoing even as you read this.
The straw that broke the camel’s back, or donkey’s back as many now call Hee, was when everyone was given a Camry except her. They argued that she is not able to drive anyway. So why does she need a car? Her reckoning is that she is a Deputy Speaker. So why can’t they also provide her a driver together with the car if she is not able to drive?
Whatever it may be, the thing that prompted her to abandon the party that no longer appreciated her services was the RM25 million that Vincent Tan of Berjaya paid her. Yes, she was paid a cool RM25 million in cash, more money than any Malaysia Today reader will see it many lifetimes.
Okay, so what are we going to do about it? We lament about her being a traitor. We label her a prostitute. We call her all sorts of names. But have we forgotten that there can only be prostitutes as long as there are clients who pay for the services of prostitutes. And in the case of Hee the client is Vincent Tan.
So punish Hee by all means. Call her all sorts of names if that makes you happy. But don’t forget to also punish the man who turned her into a prostitute, Vincent Tan.
How many of you still eat or shop or gamble at establishments owned by Vincent Tan? Is it not time we organised a nationwide boycott of anything and everything that Vincent Tan has an interest in. You know which establishments I am talking about. And aren’t Chinese the biggest gamblers and is not Vincent Tan getting rich with your hard-earned money which you are willingly and gladly handing over to him?
Stop grumbling. Start doing something. As Lee Iacocca said, “Don’t get mad, get even!” And it is time to stop getting mad and to start getting even.
Boycott, boycott, boycott! This must be the new name of the game. Vincent Tan gave RM25 million of YOUR hard-earned money to Hee. Stop giving him more money, which he will use to buy off more Pakatan Rakyat Members of Parliament and State Assemblypersons.
Perak is only the first. It is not going to be the last. Vincent Tan is talking to more Pakatan Rakyat lawmakers and enticing them with RM10 million to RM25 million each to cross over. By the time the next general election is upon us, maybe only Kelantan will remain a Pakatan Rakyat state. Kedah, Penang and Selangor would probably go the way of Perak in time to come.
That is Najib’s grand design. And Vincent Tan is bankrolling the entire operation. Stop cursing the Malays, in particular the Umno Malays. The Malays would not achieve much without Chinese money. And only the Chinese can punish Chinese such as Vincent Tan because the Chinese are bigger gamblers than the Malays and the Malays do not have that kind of money to burn like the Chinese do.
Do I hear a nationwide boycott in the making? Or are the Chinese still going to continue giving money to Vincent Tan and then blame the Malays for what happened in Perak?

**********************************
Gaming & Lottery Management
*BERJAYA LAND BERHAD
BERJAYA SPORTS TOTO BERHAD
Sports Toto Malaysia Sdn Bhd
Berjaya Sports Toto (Cayman) Limited
Berjaya Lottery Mgt (HK) Limited
International Lottery & Totalizator Sys Inc, USA
*PRIME GAMING PHILIPPINES, INC Philippines
Gaming Mgmt.Corporation
Berjaya Intl Casino Mgt (Seychelles) Limited

Financial Services
BERJAYA CAPITAL BERHAD
Prime Credit Leasing Sdn Bhd
Berjaya Sompo Insurance Berhad
(f.k.a Berjaya General Insurance Berhad)
Inter-Pacific Capital Sdn Bhd
Inter-Pacific Securities Sdn Bhd
Inter-Pacific Asset Management Sdn Bhd

Consumer Marketing, Direct Selliing & Retailing
COSWAY CORPORATION BERHAD
Singer (M) Sdn Bhd
Berjaya HVN Sdn Bhd (Selling children and educational DVD & CD)
Berjaya HVN (S) Pte Ltd
Direct Vision Sdn Bhd Cosway (M) Sdn Bhd
Cosway (Thailand) Co. Ltd
eCosway.com Sdn Bhd
Cosway Value Club (Australia) Pty Ltd
Country Farms Sdn Bhd (Organic products)
Countryfarm Organics Sdn Bhd
Berjaya Books Sdn Bhd

Vacation Time-share, travel, hotel, resorts
BERJAYA GROUP BERHAD
BERJAYA HILLS BERHAD
(f.k.a Bukit Tinggi Resort Berhad)
*BERJAYA LAND BERHAD Avetani Sdn Bhd
INFORMATICS EDUCATION LTD, SINGAPORE
Berjaya Vacation Club Berhad
Berjaya Vacation Club (Cayman) Limited
Berjaya Eden Park Hotel, London, United Kingdom
Berjaya Vacation Club (UK) Limited
Berjaya Vacation Club (S) Pte Ltd
Berjaya Hotel Singapore
Berjaya International Casino Management (HK) Limited
Berjaya Redang Beach Resort Sdn Bhd
Berjaya Redang Golf & Spa Resort, Terengganu
Berjaya Redang Beach Resort, Terengganu
Berjaya Langkawi Beach Resort Sdn Bhd
Berjaya Langkawi Beach & Spa Resort,
Kedah Berjaya Beau Vallon Bay Beach Resort Ltd
Berjaya Beau Vallon Beach Resort & Casino, Seychelles
Anse Volbert Hotel Ltd
Berjaya Praslin Beach Resort, Seychelles
Berjaya Georgetown Hotel (Penang)Sdn Bhd -
Berjaya Georgetown Hotel, Penang
Dian Kristal Sdn Bhd-
Berjaya Times Square Hotel and Convention Center, KL

Recreation Development & Management
BERJAYA LAND
BERHADAmat Muhibah Sdn Bhd
Desa WaterPark, Kuala Lumpur
Berjaya Vacation Club Berhad 99.25
Berjaya Air Sdn Bhd
KDE Recreation Berhad
Kelab Darul Ehsan Indah Corporation Berhad
Bukit Banang Golf & Country Club,
Batu Pahat Staffield Country Resort Berhad
Staffield Country Resort, Negeri Sembilan
Bukit Kiara Resort Berhad
Bukit Kiara Equestrian & Country Resort,
Kuala Lumpur Berjaya Golf Resort Berhad
Bukit Jalil Golf & Country Resort, KL
Property Investment & Development
COSWAY CORPORATION BERHAD
Cosway (M) Sdn Bhd
Stephens Properties Sdn Bhd
Wisma Cosway, Kuala Lumpur
Berjaya City Sdn Bhd
Wangsa Tegap Sdn Bhd
Berjaya Central Park, KL
Bukit Pinang Leisure Sdn Bhd
*BERJAYA LAND BERHAD
Kota Raya Development Sdn Bhd
Kota Raya Complex, K.L.
Nural Enterprise Sdn Bhd
Plaza Berjaya, K.L.
Noble Circle (M) Sdn Bhd
KL Plaza, K.L.
Menara Berjaya, KL
Berjaya Land Development Sdn Bhd
Taman UPC, Ayer Hitam,
Johor Bandar Banang Jaya, Batu Pahat,
JohorSelat Makmur Sdn Bhd
Seputeh Heights, K.L.
Subang Heights, Subang Jaya,
Selangor Indra Ehsan Sdn Bhd
Taman Cemerlang, Gombak,
Selangor Sri Panglima Sdn Bhd
Taman Kinrara IV, Puchong, K.L.
Securiservices Sdn Bhd
Petaling Indah, Condominiums, K.L.
Klasik Mewah Sdn Bhd
Sri Indah Court, Johor Bahru,
Johor Cempaka Properties Sdn Bhd
Kuantan Perdana, Kuantan, Pahang
Berjaya Megamall, Kuantan, Pahang
Tiram Jaya Sdn Bhd
Sri Pelangi Apartments / Condominiums, K.L.
Pakar Angsana Sdn Bhd
Berjaya Park, Shah Alam, Selangor
Berjaya Property Management Sdn Bhd 100
Taman Tar Development Sdn Bhd
The Peak, Taman TAR, Ampang, Selangor
B.T. Properties Sdn Bhd
Kim's Park Business Centre, Batu Pahat, Johor
Berjaya Golf Resort Berhad
Arena Green Apartments, KL
Greenfields Apartments, KL
Green Avenue Condominiums, KL
Savanna Condominiums, KL

Food & Beverages
Berjaya Starbucks Coffee Company (M) Sdn Bhd
Berjaya Roasters (M) Sdn Bhd
Berjaya Pizza Company Sdn Bhd

Industrial
Finewood Forest Products Sdn Bhd
Berjaya Bandartex Sdn Bhd
Berjaya Knitex Sdn Bhd
Berjaya Soutex Sdn Bhd
COSWAY CORPORATION BERHAD
Cosway (M) Sdn Bhd
Kimia Suchi Sdn Bhd
Kimia Suchi Marketing Sdn Bhd
Education
informaticsgroup

Investment Holding & Others
Berjaya Engineering & Construction (HK) Limited
Berjaya Registration Services Sdn Bhd
Berjaya Group (Cayman) Limited 100
Roasters Asia Pacific (HK) Limited
Inter-Pacific Trading Sdn Bhd
TAIGA BUILDING PRODUCTS LTD, CANADA
KUB-Berjaya Enviro Sdn Bhd
Successline (M) Sdn Bhd
SecureXpress Services Sdn Bhd
BERJAYA HOLDINGS (HK) LIMITED

Wednesday, May 6, 2009

LIVE FROM IPOH

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Saturday, April 25, 2009

Umno to use cyberspace to woo young voters

Umno to use cyberspace to woo young voters
Posted by admin
Saturday, 25 April 2009 20:11
(Bernama) - Umno information chief Ahmad Maslan said the party is aware of the important role of the new media in moulding the political minds of the young and will use cyberspace to attract voters.

"The new media has been very effective in influencing the young politically. We need to find new ways to engage the young in cyberspace.

"It must be done fast as studies showed that the Internet played an important role in influencing young voters," he said after opening the parent-teacher association meeting of Sekolah Rendah Ayer Baloi here today.

Ahmad said he would be meeting the Umno wings, academicians and non-governmental organisations to find effective ways to engage the young in cyberspace.

The Deputy Minister in the Prime Minister's Department said Umno would continue to hold meetings, talks and seminars and use the print and electronic media to disseminate information.

"We will use unconventional ways that will be appreciated by the people to show that we are here to serve," said Ahmad who spent a night in the home of a Felda settler in Kulaijaya last week.

He did not discount possibility that key performance indicators (KPI) be used on the party information machinery just like that implemented for ministers and deputy ministers.

"Umno information bureau at branch, division, state and national level may be asked to list their programmes for the month and year.

"I will also seek the view of former information chiefs Tan Sri Muhammad Muhammad Taib, Tan Sri Yusof Noor and Datuk Mustapa Mohamed," he added.

Thursday, April 16, 2009

When justice is not administered according to law — N.H. Chan

When justice is not administered according to law — N.H. Chan

APRIL 16 — The story unfolds with the application of three turncoat members of the Perak Legislative Assembly for a declaration that Speaker V. Sivakumar’s order, which was made in the Legislative Assembly, that their seats in the Assembly have become vacant because they have resigned was illegal. Here is the report from theSun newspaper, Thursday, April 2, 2009:

IPOH: The High Court yesterday dismissed the application by Perak State Assembly Speaker V. Sivakumar to strike out an original summons brought by the three independent assemblymen, seeking a declaration that Sivakumar’s order to declare their assembly seats vacant was illegal.

Justice Datuk Balia Yusuf Wahi set April 8 to hear the suit by the assemblymen Mohd Osman Mohd Jailu (Changkat Jering), Jamaluddin Mohd Radzi (Behrang) and Hee Yit Foong (Jelapang) against the speaker.

He also dismissed an application by three former Pakatan Rakyat state executive councillors … and three registered voters to intervene in the case, ruling that they are not interested parties as claimed.

Sivakumar had declared the three state seats vacant based on their pre-dated resignation letters as the three assemblymen were formerly from the ruling coalition. Their resignation from their parties caused the balance of power to shift to Barisan Nasional.

Sivakumar had informed the Election Commission (EC) to call for fresh elections for these three seats but the EC declined and said the seats were not vacant.

The three assemblymen then referred their suit to the High Court here for a ruling that they had not vacated their seats as declared by Sivakumar.

I don’t have to tell you how to judge the judge. You must know by now how to do it if you have read my articles in the Internet. You will know he is a bad judge if he behaves unfairly to one side as against the other. It is your perception as a member of the public that matters and not what the judge thinks of himself. A judge who does not appear to be fair is useless to the judicial process. As such he is a bad judge and is therefore unfit to sit on the bench. The other essential qualification of a judge is to administer justice according to law. That said, we can now judge this judge.

Article 72, Clause (1) of the Federal Constitution clearly states:

72. (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.
Yet Mr Justice Balia Yusuf Wahi, who knew that the Speaker’s order which was made in the Legislative Assembly was a proceeding in the Legislative Assembly, dismissed the Speaker’s application to strike out the summons of the three turncoat assemblymen who were asking the court to question the validity of what the Speaker had done in the Assembly. As you know what the Speaker did in the Assembly, rightly or wrongly, is not to be questioned in any court. Isn’t what the judge had done by dismissing the Speaker’s application to strike out the turncoats’ summons, not administering justice according to law? The judge had gone against the Constitution of Malaysia which is the supreme law of the land. What do you call a judge who has defied the law of the land? A renegade judge?
There is another thing. Why did the judge dismiss the application of the three voters from the Behrang, Changkat Jering and Jelapang constituencies, who claimed that their rights were affected because they had voted for the DAP and PKR? They were not allowed to intervene because they were not interested parties ruled the judge. Why are they not interested parties? The voters have voted for them as their representatives in the Legislative Assembly because they were DAP and PKR candidates. Now the turncoats have reneged on the arrangement on which they have stood for election on a DAP or PKR ticket. Such an arrangement has formed the basis of an underlying assumption on which they have conducted the dealings between them. Therefore, they would not be allowed to go back on that assumption when it would be unfair or unjust to allow them to do so. In other words, it would be unfair or unjust to allow them to say that they are no longer DAP or PKR members but are independent members of the Assembly. The authority for what I have just said is so well known that I am surprised the judge had chosen to ignore it. The case is Boustead Trading (1985) Sdn Bhd v. Arab-Malaysian Merchant Bank Bhd [1995] 3 M.LJ. 331, F.C., where Gopal Sri Ram JCA sitting in the Federal Court gave the judgment of the Court. He said, p. 344:
The time has come for this court to recognize that the doctrine of estoppel is a flexible principle by which justice is done according to the circumstances of the case. It is a doctrine of wide utility and has been resorted to in varying fact patterns to achieve justice. Indeed, the circumstances in which the doctrine may operate are endless.
And at p. 345, he went on to say:
The width of the doctrine has been summed up by Lord Denning in the Amalgamated Investment case ([1982] 1 Q.B. 84 at p. 122; [1981] 3 All E.R. 577 at p. 584; [1981] 3 W.L.R. 565 at p. 575) as follows:
“The doctrine of estoppel is one of the most flexible and useful in the armoury of the law. But it has become overloaded with cases. That is why I have not gone through them all in this judgment. It has evolved during the last 150 years in a sequence of separate developments: proprietary estoppel, estoppel by representation of fact, estoppel by acquiescence, and promissory estoppel. At the same time it has been sought to be limited by a series of maxims: estoppel is only a rule of evidence, estoppel cannot give rise to a cause of action, estoppel cannot do away with the need for consideration, and so forth. All these can now be seen to merge into one general principle shorn of limitations. When the parties to a transaction proceed on the basis of an underlying assumption — either of fact or of law — whether due to misrepresentation or mistake makes no difference - on which they have conducted the dealings between them - nether of them will be allowed to go back on that assumption when it would be unfair or unjust to allow him to do so. If one of them does seek to go back on it, the courts will give the other such remedy as the equity of the case demands.” (Emphasis added)
So the judge Balia Yusuf Wahi had wrongly ruled that the three voters were not interested parties. The voters’ interest in the matter is that they have a right to insist on the persons whom they have voted to be their elected DAP or PKR representatives not to change sides by switching to the other political coalition Barisan Nasional. “When the parties to a transaction proceed on the basis of an underlying assumption on which they have conducted the dealings between them neither of them will be allowed to go back on that assumption when it would be unfair or unjust to allow him to do so. If one of them does seek to go back on it, the courts will give the other such remedy as the equity of the case demands.”
We know that the judge had adjourned the hearing of the suit by the turncoat assemblymen to April 8. But to our amazement we were told by the newspaper that the turncoats have also made two applications to the Federal Court on Friday, that was Friday, April 3, for two declarations, viz:
Whether, on a true interpretation of article 36(5) of the Laws of Perak Darul Ridzuan (Perak Constitution) read together with section 12(3) of the Election Act 1958, the Election Commission is the rightful entity which establishes if there is a casual vacancy of the state legislative assembly seat.
When a resignation of a member of the Perak state legislative assembly is disputed, is such resignation within the meaning as ascribed under article 35 of the Perak Constitution.
If they have applied to the Federal Court for a determination, then it is only proper to inform the High Court and the other side about it. So that what is pending in the High Court could be adjourned until the Federal Court has decided on the questions that have been referred to it.
Then on Friday, April 10, the New Straits Times carries this report:
PUTRAJAYA: The Federal Court has declared that three assemblymen who quit their parties are still members of the Perak state legislature. This follows an unanimous ruling by a five-men bench yesterday which ruled that the Election Commission had the authority to declare a seat vacant.
“The Election Commission is the rightful entity to establish if there was a casual vacancy in the Perak state legislature,” said Federal Court judge Tan Sri Alauddin Mohd Sheriff. Sitting with him were Datuk Arifin Zakaria, Datuk Nik Hashim Nik Abdul Rahman, Datuk Sen S Augustine Paul and Datuk James Foong.
Last month, Parti Keadilan Rakyat’s Jamaluddin Mohd Radzi (Behrang) and Mohd Osman Jailu (Changkat Jering), together with DAP’s Hew Yit Foong (Jelapang), filed an urgent application for the Federal Court to decide their matter. The three wanted a declaration whether it was the Election Commission or the Perak Speaker (V Sivakumar) had the final say in determining a vacancy.
In February, Sivakumar, using resignation letters signed by the three, had declared the seats vacant. He informed the Election Commission, but the commission refused to hold by-elections on the ground that there was ambiguity over whether the assemblymen had resigned voluntarily.
Was the Federal Court right? Before you can judge the judges of the highest court in the country, it is necessary for me to appraise you of the law applicable which is found in the Constitution of Perak. Thus, the heading of Article XXXI of the Perak Constitution reads:
Disqualification for membership of Legislative Assembly
XXXI. (1) Subject to the provisions of this Article, a person is disqualified for being a member of the Legislative Assembly if-
(a) [he is of unsound mind]; (I have summarised the paragraph)
(b) he is an undischarged bankrupt;
(c) he holds office of profit;
(d) [he has failed to lodge any return of election expenses within time]; (I have summarised the paragraph)
(e) [he has been convicted of an offence and sentenced to imprisonment of not less than one year or to a fine of not less than RM2,000]; (I have summarised the paragraph)
(f) [disqualification involving election offences]; (I have summarised the paragraph)
(g) [he has acquired the citizenship of another country] (I have summarised the paragraph)
(2) [The disqualification of a person under paragraphs (d) or (e) above may be removed by the Sultan or ceased at the end of five years] (This is a summary)
(3) …
(4) …
(5) A person who resigns his membership of the Legislative Assembly of this State or any other State shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the Legislative Assembly of this State.
So that it is clear to all of us that Article XXXI, Clause (5) says that an assemblyman who resigns is disqualified from being a member of the Assembly for a period of five years from the date of his resignation.
And Article XXXIII, Clause (1) says:
XXXIII. (1) If any question arises whether a member of the Legislative Assembly has become disqualified for membership, the decision of the Assembly shall be taken and shall be final.
This means that whether a person is disqualified for membership of the Assembly is the decision of the Assembly. So that when a person has resigned he is disqualified from being a member of the Assembly for five years from the date his resignation takes effect.
You may want to know how an assemblyman can resign. Article XXXV states:
XXXV. A member of the Legislative Assembly may resign his membership by writing under his hand addressed to the Speaker.
So that a member can resign simply by writing to the Speaker. But whether the letter itself amounts to a resignation, as a resignation would disqualify him for membership of the Assembly, is for the Assembly to decide. Article XXXIII, Clause (1) says that the decision of the Assembly shall be taken on the disqualification if any question arises on it, which in the present context is the effectiveness of the letter of resignation. And the decision of the Assembly is to be final.
The above is simple enough for all of us to understand. But then, all of us are wondering how on earth the Federal Court could have decided that “(t)he Election Commission is the rightful entity to establish if there was a casual vacancy in the Perak state legislature”? Don’t you all feel superior to the judges of the Federal Court because you know the correct answer whilst the highest court gave a wrong decision. So you see, when you know how to judge the judges you would be able to separate the wheat from the chaff from among our judges. The chaff, you will discover, may not be up to your expectations.
What really happened was that with their myopic reading of the Perak Constitution they pick on Clause (5) of Article XXXVI and say that is the correct answer. This is what Article XXXVI, Clause (5) says — the article starts with the heading:
Summoning, prorogation and dissolution of Legislative Assembly
XXXVI. (5) A casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy.
A casual vacancy means an occasional vacancy which can be filled simply with a by-election. But the question whether the turncoat assemblyman have resigned or not will have to await the outcome of the decision of the Assembly which decision shall be final: see Article XXXIII, Clause (1). It is only upon receiving the decision of the Legislative Assembly will the Election Commission be able to establish that there is a vacancy. As it turns out the Federal Court has put the cart before the horse - in this case, just the cart without the horse - which is that the court has held that it is for the Commission to establish that there is a casual vacancy without waiting for the decision of the Assembly whether the three turncoat assemblymen have been disqualified for membership of the Assembly by resignation. — loyarburok.com

Justice N.H. Chan was a former Court of Appeal judge.

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

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Comments (18)
Show/Hide comments
Is there any justice in Malaysia when comes to politic?written by Jujur, April 16, 2009
Can anyone answer my question? Yes, the answer is in next GE.

+0


UMNO owns the Malaysian Constitution - A Very Sad Day for Malaysiawritten by superyoga, April 16, 2009
UMNO owns Malaysian Constitution and use the Judicial Officers to do their biddings. They are then supported by the government agencies like Election Commission and the whole pariah UMNO Leaders and supporters - ALL FOR SELF-INTEREST BN component parties are also in collusion and worse is MCA President Ong Tee Kiat, Gerakan Koh Tsu Koon and Samy Vellu whom are spineless. They are now being blamed by UMNO for not even carrying their weight as BN partners for not winning votes but they 'humbly' accept positions by UMNO for Minister, Deputy Ministers and Exco Posts. Are positions like this really important? MCA, MIC and Gerakan will be rendered obsolete and send into oblivion for sure. The non-malay votes do not want spineless people who just accept positions for themselves and not positions to serve. We do not want to be told to be grateful, nor told the sacrifices of the non-malays - WE JUST WANT A CREDIBLE AND RESPECTED GOVERNMENT. Actually, Penang - Selangor - Perak are PR run government that have earned the respect of the people. How do we accept MPs, Chief Ministers, Ministers who manupilate the constitution for their own purpose. Does the BN component parties have NO Concience when they do things unethically and unconstitutionally? But with Najib who is the PM who initiate this and Muhiyidin who accuses the Non-Malays as 'not returning the favour' - shows the type of political leaders and credibility they have. The judges is now involved in wrong doing, the government agencies also, the Sultans involved... all to keep UMNO in power. I am sad, extremely sad for Malaysia. We do not need enemies in Malaysia, we have them and they are running the country. By being in government, they run their own fiefdom like Khir Toyo who uses the Selangor State Government funds like his piggy bank, Najib on MIC financial requests, etc. To NH Chan, I salute you for putting your views for people to learn what our Corrupted Political Masters are doing and we need more judges of integrity in Malaysia.

+12


I'm getting real mad.written by Paul, April 16, 2009
It's so troubling to see what is happening in our country. I just don't know how these judges sleep at night, or go about living as if nothing has happened. Thank you for highlighting these things to us. Let us not forget what they have done and use every opportunity we get to bring them down. All we are asking is for a fair and just decision.

+8


Justice N.H.Chan saidwritten by DON4672, April 16, 2009
Though your are retired I salute you for your sanity and respected comments.Malaysia and Malaysian are facing judicial decay each day.Personally I though I can put my hope to Malay Rulers to rectify the improprieties of our judiciaries lately but the hope was shattered into the drains. It keeps me wonder why most of Malaysia judges of these days are lack of intergrities?Dont they feel guilty by twisting the right to wrong decisions? I pray that Allah save Malaysian

+7


Power & Brute rule in the jungle!written by Penang Laksa, April 16, 2009
Ah...But you are talking about laws under the Constitution...Things are slightly different here where the law of the jungle rules...and state assemblymen can be prevented from attending state assembly meeting by the assembly secretary with the help of the police...different fields, different ball games...dulu lain, sekarang lain...those with power (money) and brute always rule in the jungle...constitution and laws are just for the civilized in a civilized society!

+4


Honourable judgement vs "Instructed" judgementwritten by Present Value, April 16, 2009
Dear Honorable Chan, Thank you and i appreciate learning some salient points on this case! Here in this case, it is very obvious that the judgement was "instructed" rather than based on what the learned judges up-hold, thus this leave me wonder how the present batch of judges can leave behind some good land-mark judgement? We have heard of the "contrarian" investors, now we are seeing "contrarian-judiciary" which will interprete the laws to the tune of their "instructors" to suit the flavour of the day!

+3


Tahu,lah.written by Ahmad, April 16, 2009
We all know the judge is just a puppet. Good job explaining it to us,Mr. Chan, but it was fairly obvious to the average Malaysian that we are watching the breakdown of not just the Legislative and Judiciary, but the Constitution itself. There isn't a major problem with the Constitution, just that at the end of the day, it is just a piece of paper against the corrupt and greedy BN. Dear Najib & Team 1Malaysia, Wait until after GE13, then we'll see what happens in a REAL court of law

+4


...written by highend79, April 16, 2009
Thank you N.H. Chan for explaing this clearly and it seem this is going against the doctrine of separation of power. The puzzling thing is why judges of these day are readily to disregard the constituition that they sworn to protect and base their judgement out of thin air.

+3


Justice my foot!written by Joel Chong, April 16, 2009
It is most saddening that blatant disregard of the constitutions of this nation is taking place right before our eyes, at the very cradle of justice itself, the courts! As a student, we read of separation of power between the three entities in this country - the judiciary, executive and legislature. To our simple minds then, at perhaps also now, this is elementary. It was a given that the three are distinct and independent of one another for a very simple reason, once anyone of those powers decide to sidestep or overstep into the others dominion, all hell breaks lose! The most prominent outcome is the realisation that now, the legislature - which is the father of all laws and legal provisions of the country - is subservient to the judiciary! The irony is, the judiciary is suppose to act based on Acts enacted by the judiciary! If I am in the legislature, I will immediately call for the parliament to enact a new law curbing future encroachment by the judiciary in the affairs of the legislature. And this time, make sure it is spelt out as lucidly and unambiguously as possible. Such drastic and desperate act is necessary to put a stop to this nonsensical drama that is playing right before our eyes from happening again. The recent court decisions simply tells that a few men's decision (judges) is greater than the voices of thousands who voted in the affected constituencies. So, it is just apt to proclaim, 'justice my foot!'

+3


..., Lowly rated comment [Show]
...written by pat ling, April 16, 2009
Dark clouds continue to hang over the heads of Malaysians. What is worse...more dark clouds are beginning to form and there is no sight of the end. SAD. A glorious country becoming like that.

+1


...written by Rage against the Machine, April 16, 2009
damn, i wish i was a lawyer.....ITS ALL SPANISH TO ME!!!!

-3


Crsytal clear laws..yet unsatisfactory judgementwritten by orang biasa, April 16, 2009
Crsytal clear laws..yet unsatisfactory judgement... was there really any reform in the judiciary???

+0


...written by zik, April 16, 2009
I summarized above artical..Justice in this country a mere crap!!!!!!

+0


What can we do?written by Koon Yew Yin, April 16, 2009
I must congratulate Justice Chan for giving us and the Fedral Court a good lesson in law. Since the Ferderal Court is the highest court in the country, what can we do? If someone can give this article to the Perak Sultan who should be able to see the injustice done, he can retifiy the situation. Do we have a volunteer?

+0


...written by X-B.End, April 16, 2009
Thank u Honourable Judge Chan on the explanation. Even Bar Council agreed that the decision by court is absurd. It doesnt take one to be a LAWYER or JUDGE to realised that Fed. Court has abused its judgement power.

+0


Facts are facts, logic is logicwritten by Local guy, April 16, 2009
Dear eddydaud, NH Chan has stuck his neck out to educate simple minded folks like you and I. I for one appreciate this discourse and revelation. NH Chan is not an ordinary retired judge. I have read his book and I encourage you to do so yourself. He was prescient. He spoke of certain judges even before the Lingam RCI circus. Let the public decide whether these latest judgement makes sense or not. I for one have decided who to vote for at the next GE13.

+0


Judiciary..of reforms and intergritywritten by orang biasa, April 16, 2009
This is asimple and a straightforward case. The judiciary cannot interfere in the proceedings of the state assembly...and going by this judgement all future proceedings in the state assembly or even in the parliament can be challenged in the court of law. How was this judgement arrived when there were many case laws both in Malaysia and other Commonwealth countries clearly separating the powers of the executive,judiciary and the legislative. It gives rise to ordinary citizens that something is not really right with this judgement.

+0

Sunday, April 12, 2009

Blog Speaker DUN Perak.





"Tolong maklumkan kepada semua ADUN Pakatan Rakyat Perak dan maklumkan kepada umum mengenai bolog saya yang baru"

Demikian antara kandungan perbualan saya dengan Speaker DUN Perak, V. Sivakumar kelmarin.

Kini Sivakumar mempunyai blog dalam versi Bahasa Melayu untuk dikunjungi oleh semua.


Sunday, March 15, 2009

HELP NEEDED BY MAFREL FOR BATANG AI BYE-ELECTION

EXTRACT FROM The Might Of The Pen

http://sjsandteam.wordpress.com/2009/03/06/help-needed-by-mafrel-for-batang-ai-bye-election/


After some contacts are made with our previously trained volunteers in Sarawak we are now closer to what can be done for conducting an election observation in Batang Ai by-election: the limitation of resources (lack of funding, short time, resources stretched by 2 other simultaneous by-elections) means that we may adopt the following strategy:

* provide training to observers by sending 1-2 trainers to Batang Ai;
*provide voters education material to Batang Ai for mass circulation;
*arrange for SPR tags for trained observers to do observation inside the polling centres where the observers cast their votes;
* provide internet outlets for the reports they may send by phones/internet etc.

To raise the fund for conducting the observation mission we are calling upon generous Malaysians-whether from the Sarawak or Peninsular to donate generously towards the training session which is coming up on Mar 15th in Batang Ai itself. The isolation of the constituency means that more chances for breaches of the rules of free and fair elections to happen-thus the more need to keep the election operation under closer scrutiny. The political importance of the by-election-as a test of popularity of the current Sarawak state government, means that the election would be hotly contested - another factors that heighten the chance of `dirty politics’!

The training is aimed at empowering the observers to report regularly all the hanky panky that are likely to take place where few people can see.

Donation target:
* Airfare and incidental for 1 trainer to go to Batang Ai & back -about Rm1,000.00;
* Transport subsidies, communication and training material for trainees to attend the training session at Batang Ai -about RM 6000.00

So a very economic package for the observation mission. Please donate generously so we can send you precious reports from the ground with 8006 voters. Far as it may be from most Malaysians’ consciousness Batang Ai is as much a part of Malaysia as any other -thus our wish not to ignore the by-election, as we would not other by-elections. With many Sarawakian friends help secured in arranging the trip we hope that you can do your part in keeping the election under as close a scrutiny as we can manage.

Please contact us if you are interested to donate towards the mission: democracy4now@gmail.com 013-5900339 (Ong BK)

Many thanks in advance. Ong BK March 06, 2009 19:13 PM

==============================================

To all our readers: Please visit their website by clicking below. If you are not able to help, it is ok, but if you can copy and paste and email to many people as possible, this will also help them to overcome their problems. We are pleased to note that we are listed as one of top click website in their list of websites. Please also note that they have not requested any help from us in displaying this message. This is the main reason why we feel obliged.

http://mafrel.wordpress.com/

Saturday, March 14, 2009

BATTLE LINES DRAWN: SARAWAK BLOGGERS TO THE FORE.

Saturday, March 14, 2009

BATTLE LINES DRAWN: SARAWAK BLOGGERS TO THE FORE.

For the benefit of those who are unable to access Malaysiakini I produce a posting by Sarawakian SIM KWANG YANG who was the MP for Bandar Kuching between 1982 and 1995. He can be reached at kenyalang578@hotmail.com

This posting is to reinforce the groundwork already in place by the people who want back their Native Customary Land. It is also to inform Malaysians in peninsular Malaysia to establish contact, link and bond with our brothers and sisters over there.

The article:

Sarawak bloggers, your first big battle begins in Batang Ai

As the political sky over the fair land of Sarawak begins to heat up in anticipation of the Batang Ai by-election, the attention is suddenly focused on a new phenomenon - the political bloggers in the state.

Alfred Jabu, deputy chief minister and PBB deputy president, has in recent months been quite vocal in his criticism of the bloggers. A few days ago, he warned that "outsiders" must be careful in observing Iban adat when lobbying in the Batang Ai area. Dr James Masing, the PRS president and a state minister, also warned bloggers not to stir up negative feelings that could divide Dayak unity - or something to that effect.

The way they talk about "outsiders", one gets the impression that they mean the PKR leaders and bloggers from West Malaysia. In cyber space, the blogs are already buzzing with all kinds of speculation on when Raja Petra Kamarudin and his fierce army of Barisan Rakyat bloggers will descend upon Batang Ai. Some expressed the view that they may be banned from entering Sarawak.

The BN ministers' tirade against the bloggers is interesting. Since the bloggers seldom answer back in the main stream media, Jabu and Masing appear to be engaged in an exercise of shadow boxing against flickering ghosts.

Those Sarawakians who are alien to the world of the Internet will be scratching their heads in puzzlement. Who are these bloggers and what do they do to deserve such scathing attack from important Dayak leaders. Are they that powerful?

More freedom of speech
I too discovered to my great delight the presence of these Sarawak bloggers only in resent months. Obviously, they are much younger than me, and therefore Internet savvy to a fault. Many are pro-opposition, but there are some who are obviously pro-BN. As they say, this is a free country.

As bloggers, they do enjoy far more freedom of speech than the mainstream media. But many also take responsibility by mediating (meaning "editing and censoring") the postings on their blog sites. There is a great deal of garbage floating around in cyber space.

The latest news of people being charged in court for insulting the Sultan of Perak is a warning sign. I too commented on the sultan's decision, like thousands of others. As they say, there is nothing to fear but fear itself. But free speech does mean responsible speech, defensible in court.

Those who are familiar with Sarawak blogs will have known by now that Masing and Jabu are two of the most vilified names in Sarawak's cyber universe. I will not sleep easy if I know that I am so much cursed on the Internet. But of all the most cursed names, none draws such blind rage as Sarawak Chief Minister Abdul Taib Mahmud.

I just pluck out at random what a reader to Joseph Tawie's blog The Broken Shield said about Jabu in a recent posting:

"But then again, every thing that Jabu touches turns to xxxx. I see from today's Borneo Post he is now resorting to associating everyone anti-BN that they will cause death and destruction when they visit longhouses. Can you believe this idiot? What about those YBs and other pro-BN people who have moved on to the next life? Are they there because they support BN?"

"Someone should tell this anak Numpang that politcs and religion should not mix. He is too high on his pedestal that someone should knock him down a peg or two...or throw a shoe or two at him."

I would not write such virulent words about anybody, but that is the Internet for you.

Unprecedented in Sarawak!

The emergence of these Sarawak political bloggers is a new phenomenon that the BN leading lights are grappling with. In a state where the newspapers and radio stations are overwhelmingly controlled by the government, dissenting voices can hardly be heard in the mainstream media. Blogging allows commentaries on current events to surface on the Internet, from the bloggers themselves, and from their readers. This is unprecedented in Sarawak!

For the first time, public statements of important political leaders published on the newspapers are no longer accepted as absolute gosple truths. They are dissected by the bloggers, with readers contributing insight and exclusive little known background information. The monopoly of the BN leaders to narrate the Sarawak story has been broken forever.

I read them every day. Living in KL as I do, I can rely on them to catch a glimpse of the undercurrents and nuances that pulsate beneath the stultifying political surface of Sarawak. The expose there can really open your eyes. I am grateful to them.

In the context of the Batang Ai by-election, the presence of the Dayak bloggers is particularly damaging to the BN propaganda machine. This bunch of New Dayaks are pretty independent minded, and they offer a diversity of views on what a Dayak agenda must be like. Diversity and a clash of ideas are essential to the intellectual progress of any ethnic community.

Of course, like all bloggers elsewhere, Sarawak bloggers are by the nature of their lonely work, individualistic people. Sometimes, they clash with one another. This is quite natural, and somehow, they have been able to kiss and make up in the unique Sarawak tradition after a while.

Sarawak Head-hunter - one of my favourite bloggers - has recently launched an attack on Dominique Ng, the PKR state assemblyperson in Sarawak, to the shock of everybody else. But that seems to have subsided somewhat, to the relief of all.

Sarawak is a vast state with a small population. Kuching City is a small town. Everybody knows everybody else. Naturally, I get to know the true identity of most of these Sarawak bloggers, and their personal and political background, though I may not know how they look in person.

In Batang Ai, coverage for telecommunication and electricity supply is very restricted. I am told that the telecommunication tower there can provide for 200 mobile phone lines at any one time. The number of rural Iban farmers outside the main town of Lubok Antu there with a PC at home must be infinitesimal.



Citizen journalism

This is a land where 56 of the 108 longhouses can be reached by river transport only. Physical and telecommunication infrastructure there still remains in the dark ages of the 19th century. So much for politics of development touted by the BN!

So the Sarawak bloggers cannot campaign in Batang Ai like the Barisan Rakyat Bloggers did for the Pakatan Rakyat in West Malaysia. What they can do very well is to influence the urban middle class Ibans in Kuching and elsewhere to influence their relatives in Batang Ai. Blood is indeed thicker than water in the Iban community.

Naturally, if these Dayak bloggers can make frequent trips to Batang Ai and make on-the-spot reports about heartaches and dreams of the poor Ibans there with dramatic stills and video pictures to illustrate their point, it will be an invaluable service to the Ibans, to the nation, and to the entire world in fact.

Perhaps they are inexperienced in this aspect of citizen journalism. I do hope that RPK and his gang of Barisan Rakyat bloggers can make that trip to Sarawak soon. A meeting between bloggers from both sides of the South China Sea may be an opportunity for learning from each other and the beginning of a beautiful relationship.

Unfortunately, RPK is caught in the battle for his life in the court. Judging from some recent judgement, to call our court a kangaroo Court is an insult to that harmless animal down under. With so much on their hands, there is serious doubt whether the Barisan Rakyat generals and soldiers can indeed go to Sarawak, what with the two Bukit by-elections held at the same time.

But I still value the contribution of the Sarawak bloggers. They are a new force, a digital civic society that accumulates social capital in Sarawak. As we know, civic societies and the social capital that they generate are the pre-condition for the democratisation and the opening up of closed autocratic societies all over the world. Taiwan is the most recent example.

Public engagement, social activism, and citizen participation in the political process in any form is to be applauded. Well done guys and girls in Sarawak! Your first big battle for a free Sarawak begins in Batang Ai.


Agi idup, agi ngeleban Raja Laut!

Go to links provided HERE. Visit them and give them all the support you can.
UPDATE AT 7:24PM

http://zorro-zorro-unmasked.blogspot.com/2009/03/battle-lines-drawn-sarawak-bloggers-to.html

This from a Sarawakian residing in KL now: Shiok Guy said...

Dear Bro I am from Sarawak but now work and stay in KL.. In order for PR to have any chance in Sarawak! We need the indelible ink.. seriously!

http://shiokguy.blogspot.com/2009/03/sarawak-needs-indelible-ink.html or anything that we can control the repeat voters

Shiok Guy
March 14, 2009 7:05 PM

WHAT ARE YOUR THOUGHTS ON THIS, SARAWAKIAN BLOGGERS?

Friday, March 13, 2009

The Altantuya Foundation set up in Bangkok

The Altantuya Foundation set up in Bangkok

Now, this is one foundation you may want to donate to:

An association of independent journalists based in Bangkok and coordinated by French Liberation correspondent Arnaud Dubus has set up a foundation to offer material support to the family of Mongolian Altantuya Shaaribuu, killed in Malaysia in october 2006. The Altantuya Foundation aims to bring concrete help to Mr Shaaribuu, the father of the deceased, and her two children, Altanshagai (five years old) and Mungunshagai (12 years old).

“When i met Shaaribuu in Ulan Bator in January, he told me he has not bought clothes for two years as he could not afford it. This sixty year old man has to work on two different jobs,to be able to take care of this two orphaned grand children”, says Arnaud Dubus. “I am a journalist, but i also have a heart. I could not help feel compassion for the Shaaribuu family”, he adds.

For transparency, the Fondation will be supervised by the Mongolian embassy in Bangkok. All donations will be given to the Embassy which will convey them directly to Mr Shaaribuu. The first donor was Danthong Breen, well known Thai human rights activist and Chairman of the Union for Civil Liberties. All donors receives an official receipt. Small contributions (as well as bigger ones, but not too big please) are very much welcome, as a small amount can make a huge difference for the life of the Shaaribuu Family. Foundation founders consider that it would be a wonderful gesture of human solidarity for people from different Nations, Asian and Western, to show their support for the family of this young interpreter savagely killed at the age of 28 years old.

For details, contact altantuyashaaribuu@yahoo.com
Information sent by: Arnaud Dubus, Foundation coordinator