Wednesday 29 April 2009

Extinguishing "unGodly" Bushfires.


KUALA LUMPUR, April 23 — The government moved today to soothe uneasiness over Islamic conversion of minors when it decided that children should be raised in the faith of their parents while they were married even if one spouse becomes a Muslim.......
Minister in Prime Minister’s Department Datuk Seri Mohd Nazri Aziz said Muslim converts
still had to meet their marriage commitments in raising their children
in their common religion at the time of their marriage.

-Government rules out children's conversions

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There are many among us who see this as a "conciliatory" move by Umno/Bn towards the non-Malay/Muslim electorate who hold a significant vote bank. Nevertheless, it does indicate that we do have people who are beginning to listen to the cries of the minorities, are pragmatic, and are willing to bring about some change of attitude in Umno. This is a contentious issue which may fracture the nation further if not settled soon. Despite being suspicious of the motives of the Government in making this "goodwill gesture", it has to be admitted that it is a step in the right direction - "1-Malaysia" or not.

Having said that - the cabinet cannot just pass a toothless decree, sit pretty and hope to get away with it, while "the dust settles" - that's because in due time, it will be more than just dust, when it rears its ugly head again. And that is as sure as the sun rising in the east tomorrow! They must make it Law through the parliament, before it can be effective - and it has to be done as soon as yesterday!
The lawmakers must show real leadership, rather than just political acumen which caters to the "tyranny of the majority". They must show that they can see reason and understand humanity, the ability to rise above partisan politics and religious/sectarian chauvinism, to make the right decision for the sake of nationhood.


In saying that "the child should be brought up in the faith at the time of marriage", I take it that it simply means that one parent cannot unilaterally decide on a conversion of a minor, prior to gaining legal custody upon divorce. If the the marriage took place under the civil laws, then it has to be resolved in the same manner. It goes without saying that in cases where the parents did not espouse any religion prior to the dissolution, the child shall remain so until the question of custody is resolved. One cannot be expected to bring up a child without a religion if the guardian does have one, when it is a known fact that the child would instinctively imitate their role model at home as part of their natural milestones in growth.

Therefore, the courts should have no right to determine the manner/ faith in which the child is brought up by the party which gains custody (as long as the child grows up as a person, healthy in mind and body). The courts may however be empowered to determine that the parent who loses custody, accepts the fact that the welfare of the child is paramount- and hence does not contribute to creating conflict and confusion in the mind of the child by forcing a different religion from that espoused by the custodian, upon the child.

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Article 12 (Federal Constitution of Malaysia)
3. No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.
4. For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.
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There will be many more arguments which ask the many "what ifs", with many hypothetical scenarios - no religion at time of marriage, only one was this or that, rights of a Muslim/Hindu/Christian/Buddhist parent etc etc etc.
"Aisehman" says that there is some sort of "conflict" in that both parents have a right to decide on the religion of the child, as far as Article 12 (3) & (4) are concerned. IMHO, there is no such thing - the issue is simple actually.
The way I look at it, the rights of parent who is the guardian, takes precedence over that of the one who isn’t.
The main issue here is that of child custody - once that is sorted out, the rest will fall into place - and the court that has to decide/arbitrate on that is the court wherein that the contract of marriage was signed. The question of religion of the minor doesn't arise (as yet, at least). If it is the newly converted spouse gets custody, it becomes that party's choice - QED.

Meanwhile the fear is really in the case of conversions of minors to Islam by one parent without the consent of the other (this seems to occur more in Hindu couples or what?), as the Syariah appears to get involved at every instance - especially since the civil courts tend to chicken out at the first prospect of a challenge from chauvinists.

The Syariah courts should have the courage to boldly court wisdom, and nullify the conversion of under-aged and immature children who are incapable of making reasoned choices (in disputed custodial "battles"). In this age of ICT in the 21st century, the reasoning that attainment of puberty denotes "maturity" (as per primitive presumptions) has to be discarded. They must accept that "maturity" in this context isn't about physical maturity, but the state of mind of the child. And neither does the concept of "everybody is a muslim at birth", legally hold water.

The Syariah courts would be wise not interfere in matters beyond its jurisdiction, even if it involves a Muslim. (There will be those who argue that Islam is a 'complete way of life' and therefore involves all aspects - temporal & spiritual. To them, all I can say is that there isn't one religion in the world that does not make that claim, although they may not be assertive about it - and hence their priority should be that of harmonious coexistence, rather than chauvinism). It has to understand that cannot have jurisdiction over this matter, as it was not party to the contract between the two parties. To deny this fact, would render the syariah courts "irrational, incompetent & meddlesome" in the eyes of non-Muslims and right thinking men, and would consequently be despised as being biased. This breeds animosity, and sets the stage for further conflict, which all right thinking men or schools of thought seek to avoid.
The Syariah Courts, must show itself as a competent and viable alternative to the civil courts - that it can see reason and understand "universal values", so as to earn the respect and confidence of one & all - instead of going on a "jihadi" tangent to "defend Islam" (which an intellectual amoeba called Zul Nordin, might advocate). They must know that they must be seen to be just, and thattheir duties are critical in determining the path the country takes towards achieving nationhood.

"Zul Nordin" or not, all parties need to cooperate to make this reality, by enacting just laws that govern this contentious issue, for the sake of a higher ideal and goal- true Nationhood.
Let men know that they are neither master nor slave ...... That is what Democracy is all about - protection of rule of law & minority rights in the rule of the majority.

Monday 27 April 2009

Meaningful Values or Political Slogans?

In his Bisik-Bisik Mingguan Awang Selamat column titled Nasib akhbar Melayu, the writer began by saying that he was unsurprised at the "extreme reaction of the non-Malay and opposition media" towards Utusan Malaysia's 15 April report...... Interestingly, he failed to come up with examples of racist comments by the so-called "non-Malay media", and was completely earnest in his belief that Utusan Malaysia could be analogous to the entirety of the Malay-language media.
-"Bangkitlah Orang Melayu", TNG.

Let us make our slogans meaningful. Like a living holy scripture.

- A divisible 'One Malaysia'?, Azly Rahman
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Make slogans "meaningful"???
(With referance to our BN slogans) Excuse me - but I beg to differ. Political slogans only highlight the problem/ illness that permeates the society which is the target audience, and nothing more. It has no purpose, if nothing is done to eradicate the "root cause" (pardon the cliche) of the problem - corruption and authoritarianism (aka "the nanny state", aka "Asian Values").

They are simply tools to rally an ignorant public - "meaning" has no place in political slogans!
In fact, I do not believe that we need any slogans in the first place. Slogans are meant to hoodwink the masses, while they hide a more sinister agenda. These cliche "catch phrases" - it is meant for masses who cannot think, so that they idolize their perceived "leaders".
Slogans are meant for the likes of those who comment on CheCet.cc - they who shower praises on the author for even the silliest or sinister statements without having the faintest idea of what he's saying (just read comments on his inaugural post or even "Mozzarella Cheese", and you'll see what I mean).

Despite all the calls for "change, change and more change" at the recent Umno AGM, nothing changed. They all subscribe to the siege mentality and the "politics of fear" which permeates our political sphere. They all still subscribe to fascist & racist ideals. They all still subscribe to the corruption, which is eating into the very soul of the political leadership and society in general.
For the general public and civil service though, as of now, we have BTN which is designed specifically to sow racist (supremacist/fascist) arrogance among the Malays, while drumming in the feeling of alienation/non-belonging among the "nons". This does no less than breed discord and hatred among the citizenry.
This hatred is in turn, used to manipulate the unthinking into a siege mindset and hopelessness, which in turn encourages the majority to willingly surrender their rights to the elite out of fear.

Fear of the unknown, fear of detention, persecution, dispossession. Fear violence, hunger and death. Politics of fear - That is their ultimate weapon. Not the C4, truncheons, not the army, not Kamunting, not Sungai Buloh. Just Fear - and the main target audience of this brand of politicking is none other than the Malay (although all the others are "welcome" as a sideshow, thank you) electorate, who are made to choose between a "comfortably numb" state of existence (as in the colonial days), or risk alienation by being progressives. Sadly, in these days where many clamour instant gratification while ignoring righteousness & ethics, a vast majority have lost the spirit of the struggle that is life, and chosen the former over the latter.
The propaganda machinery and everything else (including all the institution of state) at the disposal of the powers that be, is designed towards this end. This politics of fear is very much alive and kicking, along with Mahathir bin Mohamed - the much idolized and "worshipped" icon of Umno.

We need to disband BTN, Umno, quasi-religious NGOs and all other pseudo democratic fascist organizations like the one that screamed for Chinese blood in the past, or the one which shouted out "Bangkitlah Melayu" lately. These guys seek to perpetuate a psychological state of war between fellow Malaysians. They are there for only one reason, and that is, to intimidate those who they perceive as the "aliens" into submission; so that they can be subjugated into "cooperation", while their patriotism & sense of belonging is viewed with suspicion.
Although this is no different from the workings of Zionists under Ariel Sharon (who believed that they needed to "negotiate from a position of strength"), Ibrahim Ali and Mahathir would probably be the first ones to throw a fit & froth at their mouths for political mileage, each time the Palestinians (read "muslims only") get bombed to the stone ages - hence their mindless call to the simple folk who depend on wages to feed their children, for boycotts (while they enjoy their normal pleasures).

The sloganeering which has become a culture in our political circles, highlights none other than the hypocrisy that lies underneath. It is simply the smokescreen used to hide the shame that the political elite carry, and it reflects the ignorance & gullibility of the general public, to propaganda.

Thus far, with all the sins which we carry, we cannot "give meaning" to slogans, nor do we need them anyways (unless of course, there is a need to rally the people for a war). The children need to be taught the philosophy/ virtues of "Egalité, Liberté, Fraternité" from a young age, and not the slogan. Children need to be taught universal values of goodwill, and not the mindless sloganeering promoted by politicians and religious bigots.
What we need is an ethical & viable philosophy to guide our nation-state to true "nationhood". As of now, all we have are racists and bigots catering to those who make the most noise - and the potentially most violent ones.
In order to change this trend - the downward spiral into chaos, we need to change the education system and free the media, as opposed to the suggested increase of controls suggested by our sloganeering politicos- nothing less will do.
This would do much better than just - slogans.

Friday 24 April 2009

Chicken A La Carte!!!

$$$$$$$$$$$$$$$

Ah! Fine Young Calibans we breed .....

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Ay, that I will; and I'll be wise hereafter,

And seek for grace. What a thrice-double ass
Was I to take this drunkard for a god,
And worship this dull fool!
- William Shakespeare, The Tempest: Act V, Scene I



"If this trend continues to grow, I fear that it will create an unhealthy writing culture, a writing culture which nurtures lies, a writing culture which is unethical and ready to ignore fact and one that will have a negative influence on the development of the people's minds," he said.
- Raja Nazrin worried about writing trend, TNG

“Still, we will strive to use our intellect to answer those questions that are raised in these (critical) socio-political blogs, rather than to resort to these laws all the time.”
-Rais Yatim, New info czar dines with bloggers, MalaysiaKini
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At first take, one would've thought that he was approaching bloggers accross the board. When Rais says that “It is important that prominent bloggers remain credible, because their critique is accepted by the masses”, one might be tempted to believe that this guy is being pro-active.
Oh yeah, he's got these "rules" - He did also say, “There are certain rules and tactics for blogging which are a long part of our culture as Malays and Muslims."
(So his target audience are Malays and Muslims ..... and the other don't have to comply with these stupid rules! Yippee!)

From the above quotes, it is quite obvious that he first and foremost seeks to play the race and religion card to apply his "intellect", which he claims he intends to use. He plays these cards so that he can get people/ bloggers to toe the racist agenda of the state propaganda - this is after his Umno pals and the MSM mercenary "journalist" railed and verbally abused bloggers as being "unemployed housewives", "monkeys" and what not.
Now the fall from grace of the Umno warlords is due to the anti establishment bloggers who successfully reached out with messages that resonated with the general public.

These guys who attended the "dinner" (which was presumably paid by taxpayers), on the other hand are pro Umno bloggers anyways - so what exactly is our Rais trying to do? Preach to the converted, or just give them some free makan? Maybe there are other incentives too ... I wouldn't know. (incidently, the "big guns" among the bloggers are the very same guys who attended the "sime darby meeting").

Just what is on the minds of these government lackeys/politicos? Keep harping on racism and religiosity through their stale "Ketuanan Melayu/Budaya Islam" and hope to win the hearts of their citizens all around? Now they want people like Syed (ha ha!) to start an online campaign using Melayu and Islamic culture to win over the non-Malays? Oh no, I forgot- I think they don't care about the non-Malays.
All that matters to them is their Fascist ideas of Racist supremacy - and they think the Malays are stupid enough to fall for their Malay unity rhetoric.....

Moving on - there may be some credibility to what Rais's belief that many Malays, and maybe some "Malay" Indian Muslims too (I promised RPK not to say "mamak" - lest they feel insulted/ belittled, and their Umno membership be revoked), would fall for these govt propaganda - The "literature" peddled by DBP and our govt-sponsored "intellectuals" is definitely a shining example of their achievements - hence Raja Nazrin's comments lately.

However, before HH Raja Nazrin speaks of literary/ethical "values/standards", he should comment on our education and ethical/philosophical standards of our politicos in power, which lies in the pits. The "crutch-mentality" and the desire to be a suck-up for the sake of financial rewards, is uppermost on the minds of these lackeys who claim these exalted position. (It is anybody's guess if the "bloggers" who Rais preached to, fall in this category).

Only then he should be commenting on the standard of gutter journalism & "literature" practiced in the Malay MSM & tabloids/ mags which makes fools of its readers, and borders on seditious to boot ....

The "arts"/ the media are simply a "mirror" - it reflect the philosophy/ culture of the society in which it is "nurtured".
Fine young Caliban this guys is ....... and they rage at what they see in the mirror!
He ("Mr. Info Czar" & others like him, while in denial about the state of affairs, simply don't like the reflection they see. It is a pity, comment they should, on the ethics & philosophy of their own backyards, before going a notch further to lecture others on standards and "rules".

IMHO, each one of "them" who attempt to appear to speak for excellence - is just one more among many who are barking up the wrong tree and attempt appear "intellectual" for political mileage..... or do they truly happen to mistake the trees for the forest?
In all probability, it is the former - but (considering their "intellect"), the latter cannot be ruled out.

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CALIBAN: No more dams I'll make for fish
Nor fetch in firing At requiring;

Nor scrape trencher, nor wash dish
'Ban, 'Ban, Ca-Caliban
Has a new master: get a new man.

Freedom, hey-day! hey-day, freedom!

freedom,
hey-day, freedom!
STEPHANO: O brave monster! Lead the way.
- The Tempest 2.2
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Thursday 23 April 2009

True stories from Bolehland 2

By James Chin, MalaysianInsider

APRIL 23 — Here are some more incredible (but true) stories from the land of make believe, Bolehland. Bolehland is a country far, far away where everything is possible, where the strange and unbelievable is actually everyday life, where anyone with the proper connections can get away with anything, and where the words “accountability”, “fair”, “just” do not exist. All the stories are taken from the Bolehland mainstream media so they must be true.

1. All chairmen must fly first class for the sake of subordinates

This a direct quotation from a former mentri besar (chief minister) who is alleged to have spent RM1.7 million on “study trips” to places like Disneyland during the holiday season. I’m sure this former MB learnt a lot from his “study trips” since we know when he came back, he never builds anything close to resembling Disneyland. Anyway, back to the quote. When asked about the huge amount spent on the trips, e.g. first-class tickets, this is what he had to say: “You must remember when I was the (PNSB) chairman. I have my entitlement. If I were to reduce my entitlement to what an officer gets then what is the officer going to reduce to? I am the chairman. There is the deputy chairman, board of directors, government officers going along. If I fly business class (not first class), then what happens to my state secretary? He will complain. If I am travelling alone it is easier. But I am travelling with a group of people and if I downgrade myself — it’s a problem for the others.” So there you have it. Airlines have first class in order to help those below the chairman’s post get business class. You cannot have a chairman flying coach or business class otherwise what will his subordinates think? He will lose the respect of his subordinates in addition to forcing them to fly coach. In Bolehland, the most important thing is protocol and entitlements. This is the reason why there are so many applicants who want to be politicians. If you are a VVIP, you must be in first class or not go at all. How dare you expect politicians to sit in economy. Economy is for taxpayers like you and me.

2. You are only poor if you don’t have a TV or Astro

According to the NST, the Welfare Department says if you have a TV or Astro, then you do not qualify for government aid since you are not “hardcore poor”. The department bars the disabled from getting welfare aid if they have Astro or a television set at home. The rule applies even if one lives in someone else's house, temporarily or otherwise. In one case, a disabled 40-year-old, paralysed from the neck downwards, who lives with her partly-paralysed mother, was afraid of getting a TV and Astro connection after being warned by a welfare officer that they would cut aid to them if she did so.

This is the first time I have heard that in Bolehland having a TV is considered to be “rich”. Nevermind that a new small TV nowadays cost less than RM200. You can also get a second hand one for free in some charity shops. In the case of the disabled, what do the authorities in Bolehland want them to do? Sit around and stare at the wall all day long? The answer is “yes” because if they stare at a TV, they are no longer poor.

3. The “best best boss” can be found in Bolehland

What is the best company to work for in Bolehland? The answer is Maika Holdings. And how do I know that? Simple, read what happened at an inquest in the death of an Indian actress, Sujatha, who died last year. This actress also worked as a PA to the boss of Maika. To cut the story short, during the inquest it was revealed that the boss of Maika, who is also the son of a VVIP, just loved to look after his employees. He gave this actress RM200,000 in cash for her apartment, funding for medical treatment and education, and also for her two brothers’ education in Australia. The boss also acted as the guarantor for the hire-purchase loan which Sujatha took out to purchase a Mazda RX8 sports car. He also took her for a holiday in Perth.

Wow, I wish to nominate the boss of Maika for Bolehland’s “Best Best Boss” award for his undying kindness and welfare of his employees. Is Maika hiring? I’m sure millions of workers are lining up to join. With a boss like this, there will never be any issue of strikes, unhappiness in the workplace, fake MCs, days off, etc. Malaysian workers will be the envy of the world.

4. If you don’t report it, it does not exist

There is one company in Bolehland that owns all the private free-to-air TV stations. Apparently, one of the big bosses in this company, MP, sent out an email telling the editorial staff that they cannot report that some VVIP and his wife might be involved in a Mongolia murder case. Thus if it is not reported, then it is clear that there are no links, and therefore there is no case. Who says you cannot make things disappear? Who cares if the international press has all gone to town with the same story.

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Another Bolehland Story from MalaysiaKini:

False police report lodged against Malaysiakini
Apr 23, 09 11:30am
updated 12.17pm When contacted, the complainants were not even aware that Malaysiakini had not published the article said to have insulted the Perak royal family.

Pete Ups The Ante?

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KUALA LUMPUR, April 23 — Controversial blogger Raja Petra Kamarudin appears to have gone on the lam after he failed to turn up in court for his sedition trial this morning because of what he says on his blog is a "self-imposed exile" from Selangor.
A warrant of arrest has been issued for the blogger-turn-fugitive and his wife who is his bailer.
In a posting on his blog this morning RPK, as he is better known, claimed that he had decided to become a fugitive to avoid being detained and because of a family feud with the Sultan of Selangor over his views on the Perak constitutional crisis.

-RPK absconds, Asrul Hadi Abdullah Sani (MalaysianInsider)
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Why I am absent in court today

"The events of late do not give me any confidence that I will get a fair trial..Even if the Petaling Jaya court acquits me, they can still appeal the decision of the court like what they are doing with the Shah Alam court’s decision to free me from ISA detention. And the manner the Federal Court conducted itself during the recent ISA appeal hearing is very troubling indeed and borders on unprofessional conduct.

Finally, my open letter to Nizar Jamaluddin has been classified as treason and the government wants to charge me for treason. The fact that no such law exists will not stop them as they can use the ‘waging war against the King’ law that they used against some of the Al Maunah members, which resulted in them being hanged in the Sungai Buloh Prison in October 2006.

Many of my friends have spotted police vehicles parked outside their house. Others have noticed police officers loitering in front of their residence while some have been summoned to Bukit Aman for interrogation. The police want them to reveal where I am currently residing.

Why are the police looking for me? Two months ago, the Federal Court was in a hurry to hear the appeal against my release from ISA detention. After impatiently rejecting all our applications and refusing to allow us time to file the necessary papers, the court suddenly went cold and nothing was heard from it since.

This got me very suspicious. I did some checking and have reason to believe that a new detention order has been issued and that is why the police are looking for me. If I were to turn up in court today I would never be allowed to leave. The police would immediately detain me and send me to Kamunting and this time I shall not be so fortunate as to see freedom in two months like in the last two occasions.

After two ISA detentions, I do not plan to allow them to get me so easily the third time around. I also refuse to face treason charges that will result in me being sent to the gallows. I love my life and wish to remain alive a few years longer if possible."

-Raja Petra Kamarudin, No Holds Barred.

Wednesday 22 April 2009

Najib- Mahathir's New "Incompetent"?

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Ozymandias
I met a traveller from an antique land
Who said: "Two vast and trunkless legs of stone

Stand in the desert. Near them on the sand,
Half sunk, a shattered visage lies, whose frown

And wrinkled lip and sneer of cold command
Tell that its sculptor well those passions read

Which yet survive, stamped on these lifeless things,

The hand that mocked them and the heart that fed.

And on the pedestal these words appear:

`My name is Ozymandias, King of Kings:

Look on my works, ye mighty, and despair!'
Nothing beside remains. Round the decay
Of that colossal wreck, boundless and bare,

The lone and level sands stretch far away.

- P. B. Shelley
==============================
It was in his perfect moment of glory at the delayed 2008 Umno Baru AGM - he was baptized at the pinnacle of his career as the President of Mahathir's Umno Baru.
Despite all the calls for "change, change and more change"- some things will never change. That is the intellectual vacuum within, which begs for Mahathir's patronage. At his closing speech, true to his image, he subtly pleaded (or was is a jab) to a morose Mahathir, that he not be whacked silly (with the mindless audience applauding), when he said that Abdullah promised not to interfere or criticize him publicly.

It couldn't have been better for the man characterized as a "coward" by his mentor - the conflicts were ironed out, and the elections were engineered to perfection by rewarding the relevant warlords. He even choreographed a real coup in forcing Mahathir's presence as a show of "unity" for a "1Malaysia" (whatever that means). We'll never know for sure, but some say that Mukhriz's post was the carrot dangled for the jackass.

If Najib harbours any illusions of Mahathirs support, it is time he gets rid of it - for this old man don't work for nobody except himself. Najib may have just got more than he bargained for.
For all practical purposes, in Mahathir's eyes, Najib is actually a jackass who has underperformed in all his duties since he was handed power on a silver platter.
Considering Mahathir's persona, one cannot be faulted for thinking that Mahathir actually despises a philandering aristocratic spoilt brat. After all, Mahathir the politician, is never known to be gracious to his "allies" and "partners" - forget the adversaries. In fact, in Mahathir's book, they are all one and the same - an affront to his monumental ego (depicted by the twin obelisks in KLCC).

Abdullah's legacy is ready to be erased - just as many monarchs/ pharoahs of old had done to their predecessors. His corridors are probably destined to be as airy as it always has been. The crook-ed bridge issue is being revived once again. Hardly has his sweat dried, and Mahathir has already passed his "unsavoury" comment on CheDet, and is heavily lobbying for the "crooked bridge" by trying to appeal to the "stupidly patriotic" on the non issue of sovreignty.
======================
As the person concerned I will leave it to Malaysians
to judge and to define "Mahathirism".

-Mahathir, www.chedet.cc
=====================

But knowing how these guys are (like his predecessor who had "big ears"), Jibby in his craving & grovelling for approval (as in the Ku Li report by the MSM), praise & worship from all around him, will probably allow his ears to betray his mind.
While that of Mahathir may be certain (crooked bridge or not), one can only speculate the legacy (beyond the Altantuya legend, that is) that Jibby would leave behind - other than being another name on Mahathir's list of unworthy incompetents.

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We are inconsolable at being deceived by our enemies and betrayed by our friends,
yet still we are often content to be thus served by ourselves.

-François de la Rochefoucauld

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Saturday 18 April 2009

BN's Anti-Democracy Campaign? ....

"Are Kuala Lumpur's rent-seekers raiding the public purse again?
... and telephone calls to its notional head office go unanswered...
Indeed, it is becoming a particular problem for ... Najib Tun Razak,
who last November took over the finance ministry,
the portfolio ultimately responsible for ValueCap."

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After having used the Royal office, the EC, the Police, the AG chambers and the Judiciary to grab the Perak govt and exercise what many might call "backdoor legitimacy", they are now training their guns at yet another institution of democracy - the very valid electoral process of democracy.
It appears that, devoid of ideas and inspiration (despite the return of the "prodigal dad"), the humongous BN election campaign machinery is suffering from a severe case of "chronic fatigue syndrome".
"Too much effort and resources are being wasted by holding by-elections when the nation should be concentrating on strengthening its economy, Prime Minister Datuk Seri Najib Tun Razak said."-Najib: By-elections draining resources


Yes. The expenses incurred by Police for 5 buy-elections is RM31million- and that's 12.9 times the cost incurred by the ever "neutral" EC!!
Please take note that half that amount was most likely spent on the Kuala Terengganu buy-elections (Bernama: PDRM Spend RM15 Million For Kuala Terengganu By-Election). That means - RM 16 Million was spent on the other four!
Quite a drain on "certain pockets" indeed ....

Poor guys - They find it difficult to cough up more of the "Class-F contracts" lottery as promised at a certain other buy-election. That isn't considering the many "ang-pows" which were dished out by "unknown individuals" or the paid campaigners or the hotels. No wonder they say it is an expensive affair and they just despise the whole democratic electoral process.

So they have gone on a media blitz to run down the one process which is the hallmark of a Democracy ...... They even went so far as to quote Khoo Kay Khim (the "historian" & Suhakam Commissioner) as having said that the people have the right to reject the democratic process ("Rakyat boleh menolak kerana itu hak mereka," katanya ketika dihubungi Utusan Malaysia di sini hari ini.) This ultra-conservative Umno mouthpiece also went on to say in another article that the election is "Menyusahkan, bazir wang" and that "Pengundi sudah bosan!. These conservative spin-doctors sure are quite "smart" to tap the resources of the stupid - who are more often than not, conservatives.

But you Class F contractor guys need not despair - going by what has been reported, there's still plenty of money to go around (if you know whose boots needs to be shined)......
"Are Kuala Lumpur's rent-seekers raiding the public purse again?
....It doesn't have a website, and telephone calls to its notional head office go unanswered... Indeed, it is becoming a particular problem for Prime Minister-designate Najib Tun Razak, who last November took over the finance ministry, the portfolio ultimately responsible for ValueCap."

-Asia Sentinel - The Malaysian Mystery of ValueCap

"Some people" lately appeared to take history lessons from Ho Chi Minh - asking us to do away with "agreements signed under duress", while another asks us to relearn history, "lest we repeat our mistakes".
Maybe these elements believe that Malaysia as we know it, is a mistake- and we need a new Federal Constitution, after what we have has been chewed and spat out.
Observing the powers that be and the propaganda machinery in action, somehow, it makes one wonder if the grand design in the agenda of certain quarters is to bring about a totalitarian racist state ala "islamic republics" - demi agama, bangsa dan negara.

The people should see what is attempted by certain quarters here, and defend the democracy upon which this was established - as per the Rukunegara.
So, to pirates who complain that buy-elections are "expensive" affairs- as disgusting as it may be, the people should probably take a leaf from this which was reported:
"... who could not come up with any money..... was even forced to kiss the man’s backside."
-No money so oral sex will do

Thursday 16 April 2009

When The People Are Cheated By Pirates of The Constitution...

"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."

"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?
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."

When Justice is Not Administered According To Law

By Justice N.H. Chan, former Court of Appeal Judge (The Malaysian Insider)

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.

Tuesday 14 April 2009

"1 Malaysia" - Among Many ...

"That is what I call a classic - in the same vein as Si Luncai, Pak Pandir, Lebai Malang, well you get the idea - case of missing the blinking concept."

Malay groups say that the concept will not alter the affirmative action programme and is only meant to bring up the level of economic development of under privileged groups, regardless of race. The Opposition and non-Malays believe that it is not possible to speak about One Malaysia if Chinese, Indians and Ibans continue to be accorded second class status here.
-Unless defined, One Malaysia could lead to many
=================================

"Malaysian simpletons just don't seem to get it ....."
In Jibby's (or is it Rosy & Mahathir's) "1Malaysia", where he takes care of himself, everyone else should rally around him.
Altantuya's ghost is most welcome - thank you.

The fact has been, is and will be (make no mistake about that) that -
It is actually a confession that there are indeed many Malaysias.
One each for "orang kuat" Melayu Umno,
the royalty/aristocrats, non-Umno Melayu,
then for the Balas, Lingams, Vincent Tans, Eric Chias, Tajudins, Halim Saads, Nasimudins, and "anak orang kuats",
then we have one for the "bumiputra",
then the "saudara baru" and the "lain-lains".....
then for the "kafirs" who are further subdivided depending on the color of their skin, religion, political affiliation, social standing and bank balance.
The only difference is, in this "pyramid scheme" of things, this idea actually is meant to articulate the need for the many Malaysias, which in turn will fight for the one Malaysia as defined by Umno.
It is actually meant to perpetuate the status quo. That's all.
(The Altantuyas, Kugans, Adi Mansors, Noritas - you guys "can eat cake", alright!)

In other words, this "1Malaysia" is plain hogwash, Horse%^, & Bulls!#%. This clown we have for a leader doesn't have the "goods" to call a spade, a spade - but indulges in hypocrisy so that he can get some "chinese & indian" votes!! Already his deputy, after the "post-mortem", has shot the "chinese" for not having "membalas budi", after the many electioneering bribes at Bkt Selambau & Bkt Gantang! In DPM's book, for one to respond positively to bribes, is called - "membalas budi".

Already we have one ex-Umno (and now an independent "frog") threatening with pride to run amuck should anyone say that this "1 Malaysia" is meant to displace the "ketuanan melayu" ideas and the NEP. Many other fascists have come out in open support of this shameless stance - Jibby's underlings included. The Car-Toon has yet to do so - but be very sure that he'll managed to spin it well enough (squeezing a few pairs of testicles, while at that), so that his worshippers dumbfounded by the "depth of his wisdom".

The sloganeering tactics of Mahathir has caught on big-time with the "politikus" of Umno/ BN. So much so, these rats cannot do without it, if they were to start a campaign, and this is just another slogan off the mill. As with all slogans in the past, Malaysians (and the new "bumiputras/Melayu/saudara baru" from across the straits) should actually know that these slogans in fact articulates what Mahathir & Umno Baru do not want. Their job is supposed to be to cheer these aristocrats on for a "fee" (okay - if you insist, call it a bribe, if you don't care for it to sound halal), and applaud the great wisdom of these "leaders".

Anyway, whatever slogan they may use, the desired end result is always the same - hoodwinking the masses into total submission, so that the power of the Umno aristocracy is unchallenged.
But of course you have the freedom to "express yourself" through a "vibrant, free and informed media" , and journalists are to be brave enough to report to "allow people to hold public officials accountable", "regardless of consequences". Truly amazing indeed, this Jibby fella - this is just after some journalists were barred from certain events. No wonder some people say that he just another bureaucrat - an intellectual amoeba on par with Pak Lah.

Of course - as they say, it is your freedom after the expression which will be in question.
Meanwhile, Mr. Rais Yatim- our latest (our "three-in-one" info minister) said, “I can bring the horse to the water, but I can't force it to drink.
Yup - they wanna feed horses hogwash, and hope they drink!

Oh boy - here I was hoping that we'll have someone more credible after Mr. Sleepy ......

"Zahidism" - "Securing" Parliamentary Constituencies



Heard about this a few days back .......
It appears that certain quarters are keen on some "internal security duties" for the Armed Forces. Zahid Hamidi has become a military tactician, and suggested that they have a platoon of "Askar Wataniah" in every Parliamentary Constituency, and not selected strategic locations!!
Looks like the Army is ready to stake its claim in national politics. Is this a subtle admission that we are indeed a Failed State, and are headed towards a Military Govt?

One can only ask - Are we moving from a Police State to an "Army State"?
This reflects very poorly on the Police, if you ask me. Gone are the days when the police jealously defended their "territory"- Looks like the Police are gonna be relegated to being "mandors" on their own turf......
Wonder what our newly minted Home Minister, Mr. Hishamuddin, has got to say about it. 'Some people' are definitely quite nervous about the state of affairs and are beginning to resort to desperate measures to secure their positions.
Well maybe, "somebody" has given the greenlight, after the "joint exercises" with the police some time back. Perhaps there is a subtle plan for an impending "emergency" or a Military Coup?
Thailand - Red shirt, Yellow shirt ...... here we come!!
The following article was taken from Aisehman :

Atten-SHUN!

Got this from Jeff Ooi’s blog, and it made me sit up like nobody’s business:

Kementerian Pertahanan akan menubuhkan satu batalion Tentera Wataniah di kesemua 222 kawasan Parlimen dalam usaha memantapkan sistem pertahanan bagi seluruh negara, kata Menteri berkenaan Datuk Seri Dr Ahmad Zahid Hamidi.

Beliau berkata pasukan pertahanan itu akan mengandungi 300 anggota bagi setiap platun yang terdiri pelbagai kaum dan bilangan anggota secara keseluruhan dijangka 60,000 dalam tempoh lima tahun akan datang.

“Penubuhan Tentera Wataniah adalah sebagai usaha untuk membantu angkatan tentera dalam menjalankan tugas menjaga keamanan negara,” katanya … [Bernama]

Last time I checked, our soldiers are there to defend the country against external armed threats.

So why do you need to form a Tentera Wataniah and station a platoon of 300 soldiers in each of the 222 Parliamentary constituencies?

What sort of external armed threats do we face in say, the middle of Kuala Lumpur?

All this only makes sense if the soldiers are to be used against internal “threats”.

Because if the rationale behind the formation of the Tentera Wataniah is to defend the country against external armed threats, don’t you think they are being spread out too thin?

60,000 soldiers across the country to “menjaga keamanan negara” — what is the government up to here?

Isn’t “keamanan negara” the job of the police?

I don’t like how this sounds. Because it sounds pretty disturbing to me.

Especially when someone like Zahid Hamidi is the person announcing it.

ON ANOTHER matter, Zahid certainly didn’t waste time on more immediate concerns:

… beliau mengumumkan penubuhan satu batalion Kem Tentera di kawasan seluas 80 hektar berhampiran Ladang Jenderata di Hutan Melintang di sini serta sebuah pangkalan mini Tentera Laut Diraja Malaysia (TLDM) di Jeti Bagan Datoh.

That was fast — a new 80-hectare Army Camp and a mini Naval Base in his kawasan, within less than a week of becoming Defense Minister.

Talk about rapid deployment, eh?

Zahid gains on several counts here — he makes the Armed Forces happy, he gets to dish out contracts for the construction of the two facilities, and once they’re operational, he stands to receive thousands of new votes in elections.

AND BTW dude, 300 soldiers x 222 equals 66,600 soldiers. That’s more than a battalion — that’s about two divisions, a full-blown corps.