MyConstitution Campaign

Off the Edge (JT/AW)

THE JUDICIAL CRISIS of 1988. The release of the Lingam Tape in 2007. The political tsunami on March 8, 2008. The Perak Government take-over. The cow-head protest.The anti-ISA rallies. Whipping Kartika. Beer bans. Religious bigotry. Racial conflict. The conflict between Federal-State powers. The role of the national language. All these issues strike at the core of our society.

All these issues find life or root in the Constitution, whether the protagonists of those issues realise it or not. Never have constitutional issues been discussed as frequently, and with such vigour in public spaces and our media as in the last two years. Emotions have been known to take over reason. Racial and religious sentiments are constantly expressed despite our collective efforts at national harmony.

Citizens have started to be heard on matters close to their hearts, youths have advocated strong positions on the direction of our country, our leaders grapple with calls for transparency and accountability in the administration of our affairs. All done against the backdrop of the Constitution.

The Federal Constitution is the ‘rule book’ of this country. It is the supreme law of the land: it sets up Parliament, our system of government and the Judiciary, and it grants rights to the Rakyat. Yet it is a document that is shrouded in mystery and that the average Malaysian might find intimidating for its language as much as for its concepts.

So when people invoke the Constitution, they are seen to make very powerful statements. At times, however, such statements have been inaccurate or provisions of the Constitution have been misinterpreted or misconstrued.

With this in mind, the Rakyat must be able to consider for themselves whether any statements made invoking the Constitution are accurate and to be accepted.

A growing number of the Rakyat have started to display an interest in learning more about the Constitution. Malaysians have started asking a myriad of questions regarding the Constitution and the idea of constitutionalism, in general. People are speaking about the Constitution, but they lack even basic information of this document that defines us as a nation. The Rakyat need to know about the Constitution. The Rakyat need to read the Constitution for themselves. But how many Malaysians have actually creased the spine of this document they knowas the Constitution?

Guided by these observations (and, for the first time in the history of the Malaysian Bar), the Bar Council in March 2009 formed its Constitutional Law Committee (ConstiLC) to promote constitutional awareness and constitutionalism, as part of the Bar’s wide-ranging initiatives in society.

Because the Constitution is not something just for the government, politicians or lawyers to be concerned about, because the Constitution has real impact in the lives of the Rakyat, the ConstiLC would like to make the Constitution more accessible to everyone.

The ConstiLC comprises lawyers, academics, students, media personnel and activists. Its ‘vision and mission’, contained in its twoyear blueprint (2009-2011), is to:

- Promote the concept of constitutionalism and the rule of just law;

- Raise awareness of, educate and empower the Rakyat on provisions of the Federal Constitution;

- Document and respond to constitutional issues that arise;

- Discuss and critique Court decisions on constitutional issues, and where necessary, offer alternative interpretations;

- Conduct research on matters related to the Federal or State Constitutions and where necessary, make recommendations for constitutional reform; and

- Assist and advice the Bar Council on constitutional matters.

MyConstitution Campaign (Kempen PerlembagaanKu)

Recognising the need to educate Malaysians on the role, function and content of the Federal Constitution, the focal initiative of the ConstiLC’s work is to conduct a firstever nationwide educational and awareness campaign, the MyConstitution Campaign or Kempen PerlembagaanKu.

As part of the two-year campaign, the ConstiLC will, among others:
-Publish a series of pocket-sized, ‘The Rakyat Guides’ booklets on the Constitution;

-Produce a series of ‘The Rakyat Service Advertisements’ on different themes of the Constitution; and

- Host a series of awareness-raising and interest-building programmes on the Constitution through symposiums, dialogues, forums and lectures.

The core themes of the Campaign include the supremacy of the Constitution, the protection of the fundamental rights of the Rakyat, the role and functions of Parliament, the Executive and the Judiciary, the relationship between the Federal Government and State Governments, and the electoral process.

The ConstiLC aims to bring the message of the campaign to at least six million households in the Peninsula, and in Sabah and Sarawak. We also hope to work with the federal government, state governments, private and corporate sectors, academic institutions, NGOs and media organisations, always emphasising the collective ownership of the Constitution.

MyConstitution launches very soon. We need your support!
Be there this Friday at 3.00 pm Bar Council.

Clarification

* Please be informed that an email account is created under “youthgerakan@gmail.com” by someone to circulate emails of derogatory remarks in relation to the poll, as if the Youth is in the process to mess up the party. Kindly take note that neither did Gerakan Youth nor the author send any emails or comments of such nature whatsoever. The strange thing is none of the Youth chief, Deputy and VCs receive such emails.

Such act is deemed defamatory in nature and necessary legal action under the Sedition Act 1948, Tort and Penal Code will be taken in due course.

One of the said email is as follows:

“Date: Sat, 7 Nov 2009 01:02:48 +0800
Subject: Vote for a Change of Leadership in Gerakan
From: youthgerakan@gmail.com

After the recent poor sentiment at our Gerakan National Delegate Conference, please go and vote at the blog below. The future of Gerakan is in your hands.
Let us have a fresh election in Gerakan. Let us have an EGM to remove those rejected leaders!

Please goto:
http://andyksyong.wordpress.com/2009/11/06/pgrm-polls/”

- By Administrator of The People’s Movement.

Wise Words

“It is not how much you do, but how much love you put in the doing”

- Mother Teresa

Our Children, Our Hope, Our Future.

The Bar Council Human Rights Day is an event that takes place on 10 December every year in conjunction with the International Human Rights Day. The Malaysian Bar Human Rights Committee (HRC) seeks to create more awareness and education on the rights of people in accordance with the Universal Declaration of Human Rights. The focus of this event will be on the rights of a child.

In conjunction with the Human Rights Day Celebrations, the HRC is organizing a charity dinner, themed ‘Our Children. Our Hope. Our Future’. In recognition of the role of all Malaysians not merely as custodians but also as founders of the fabrics of society, the HRC acknowledges that it is the responsibility of all Malaysians not merely to shape the leaders of our future but also to inculcate and develop a caring society.

This fundraiser is aimed at children’s homes and homes for children with physical and learning disabilities, as well as those who are inflicted with various health complications. These children, despite faced with difficult circumstances have every ability and capacity to be the leaders of the future. The related children’s home are:

Desa Amal Jireh (Pusat Untuk Bantuan Dan Kebajikan)
All Ethnic Group Refugee Children Education Centre
The Pure Life Society
Entrance of Gurpuri Home
Rumah Solehah
An-Najjah (Persatuan Kebajikan Darul Najjah Kuala Lumpur Dan Selangor)
Ruman Sayangan

Event Details

Organiser : Bar Council (Human Rights Committee)
Date : 10 December 2009
Venue : Sunway Hotel, Resort and Spa
Persiaran Lagoon, 46150, Petaling Jaya
Ticket Price : RM 200/ticket or RM2,000/table.

The Charity dinner will be the highlight of the event with performances from the children, fundraisers and donors. There will be surprise performances by various local artists as well as exhibition booths set up outside the hall to highlight the homes and their needs. Long term volunteering is encouraged. The Charity dinner will be held at the Sunway Hotel, Resort and Spa.

Awakening Poll

The poll results did not prove any majority voice. To prevent further abuse by certain irresponsible quarters, it is deleted, after all the results were smartly reinstated in other websites.

SUARAM 20th Anniversary

SUARAM 20 YEARS FUNDRAISING DINNER 2009

In conjunction with its 20th anniversary, Suara Rakyat Malaysia (SUARAM), the leading human rights organization in Malaysia, will be organizing a fundraising dinner on : 6 December 2009 at the MBPJ Banquet Hall, Petaling Jaya, Selangor.

The purpose of the dinner, themed “20 Years Defending Human Rights”, is to pay tribute to human rights defenders who have fought and sacrificed for the improvement of human rights in Malaysia, as well as to raise funds for SUARAM to continue its human rights work. It is also an opportunity for us to have fellowship and to thank those who have supported SUARAM in its work these twenty years.

We hope the public and corporations will continue to support the work of SUARAM by pledging donations to the dinner. To make donations to the dinner and SUARAM or to make corporate or individual sponsorship, please contact SUARAM at Tel: 03-77843525 or Email:suaram20years@gmail.com.

Wisdom

“Sometimes approaching what seems like ordinary work with extraordinary intent can produce unbelievable results”

“Do not go where the path may lead; go instead where there is no path, and leave a trail”.

Gerakan’s bumpy journey ahead..

The last 2 days of Parti Gerakan National Delegates Conference had been an eye-opening event to a certain extent. In short, to sum up the some of the highlights are matters pertaining to the quit-call on President, PM Najib’s encouraging speech and support, low turn out of the youth wing, 1BN, resolution to leave BN rejected, the pathetic leftovers in the last few hours of the conference and amendments of the party constitution.

Naysayers and critics are out there to bad-mouth the party. These include the public, media, PR supporters and even own party members/delegates. As for now I am not too concern about the outsiders but the situation within the party members. It is simply not healthy. Discouraging comments and feedbacks I encountered are:

- “In Gerakan, you do not talk about ideals, you talk about connection and strategy on how to win the war among comrades”.

- “My mission in Gerakan is to be submissive to who and who, I will just follow whatever instructed”;

- “Politics is about advertisement. We must always appear in media or release as many statements as possible”;

- “The party is hopeless with Koh Tsu Koon, we just wait and see”;

- “No vision, all because of the leadership problems, lousy speeches given by KTK, LSP and TLH” etc.

It was more disgusting that some of the characters are in the mood for jealousy, hatred, selfishness and insincerity. Such destructive behaviour caused a sense of uneasiness and disappointment. Fortunately it is not critical. Despite the problems and upheavals, I can still feel the spirit of volunteerism, brotherhood or comradeships.

Let us embrace the reality. We all know that Gerakan is an average party in term of size. If it is not because of our few representatives in the cabinet, parliament and states, the value may be even worst. Constructive action is indeed need to be taken to evaluate members who are in a wavering vision and losing devotion to the party. The spirit of unity and common struggles is deteriorating.

As a result; sycophantic, hypocrisy, patronage and cronyism politics are in play within Gerakan. Perhaps it has been there in the last few years. That is why various names are used to label a member/leader especially among the youth. It is not a question of ‘no balls’ as what PM Najib said but the motive and sincerity. In any aspiration, we cannot be so dogmatic that it is the mode that receives the attention instead of its outcome or contribution to the party and the people.

Thus it is no surprise when one is labelled either the ‘ma chai’ or follower of Koh Tsu Koon or Chang Ko Youn or Teng Hock Nan or Khoo Soo Chai, Teo Kok Chee or Chia Kwang Chye or Huan Cheng Guan or Kohilan Pillay or Lim Si Pin or Gooi Hoe Hin or even Kerk Choo Ting. This phenomenon simply tells the members that unity or satu hati is only a superficial concept.

Some are also in the opinion that it is needless to be involved in the youth wing as they can bypass or leap-frog it to climb up the ladder. How? Rub shoulders and polish shoeslah! This is reflected when various positions and candidacy are given to the so-called ‘youth’ who do not see the need to commit in the youth wing. The leadership must aware the need to recognise the importance of credibility, cohesion and integrity of the youth members. It is a matter of restoring trust in the youth, who, in turn, must regain trust on the central leadership and the party as a whole.

One may say ISN’T THIS PART AND PARCEL OF POLITICS? To that I will reply YES, PART AND PARCEL OF DOOMED AND OUTDATED POLITICS!. In line with the political changes today, we cannot be seen as condoning opportunism and cronyism within BN, not to mention inside the party. There must be a positive, sincere and genuine contribution as a whole. We simply cannot afford to play such an outdated politics anymore.

I THEREFORE CALL UPON THE PARTY LEADERSHIP TO SEE THAT ALL OPPORTUNISTS, SYCOPHANTS AND IMCOMPETENTS TO BE ROOTED OUT!

Ironically one can say in general that the pathetic turnout of the delegates was because it is not a party or general election year, low morale since the last general election, ‘boycotting’ who and who due to different ‘camps’ and the party can no more be a place to ‘cari makan’.

Pure joy can only be felt by those who do something with full conviction without expectation. The cruelties and obstacles of our changing scenario will not yield to obsolete dogmas and outworn slogans. It cannot be moved by those who cling to a present which is already dying, who prefer the illusion of security to the the excitement of danger and change. I agree that ‘the road ahead will surely be bumpy and even treacherous, laced with potholes and even landmines’. At the end of the day, it is our conscience that matters most.

Demo Pemuda Gerakan terhadap MP Sri Gading

Malaysiakini: Kira-kira 50 anggota Pemuda Gerakan berdemonstrasi membantah kenyataan ahli parlimen BN Seri Gading Datuk Mohamad Aziz yang meminta presiden parti itu Tan sri Koh Tsu Koon berundur daripada kabinet atas alasan gagal menunjukkan prestasi yang baik.

Diketuai timbalannya, Oh Teong Keong, mereka berkumpul di lobi bangunan PGRM di Cheras – tempat Gerakan mengadakan persidangan tahunannya.

Mereka turut membawa beberapa sepanduk dan kain rentang, selain melaungkan jeritan anti-Mohamad.

Kumpulan itu menuntut BN supaya mengambil tindakan tegas terhadap Mohamad kerana didakwa membuat kekacauaan dalam parti sendiri.

Ditemui media selepas demonstrasi itu, Oh berkata, dewan tertinggi BN patut mengambil tindakan tegas terhadap wakil rakyat Umno itu.

“Umno dan Gerakan sama-sama parti komponen dalam BN. Mohamad tidak patut mengguris perasaan rakan sendiri.

“Kami harap dewan tertinggi BN dalam mengambil tindakan terhadap beliau,” katanya.

Sementara itu, bercakap dalam sidang media selepas merasmikan persidangan tahunan sayap Gerakan itu, timbalan presiden parti itu, Datuk Chang Ko Youn meminta ahli parti itu supaya tidak terlalu memikirkan kenyataan Mohamad kerana banyak lagi isu lain yang perlu ditangani.

Bercakap dalam sesi yang sama, ketua wanitanya, Datuk Tan Lian Hoe pula mengingatkan supaya semua ahli dalam komponen BN tidak mewujudkan persengketaan terbuka sesama parti dalam BN.

“Apa terjadi dalam parti komponen BN akan jejaskan parti lain. Sebagai keluarga besar, tindak-tanduk harus dijaja. Jangan berkelahi secara terbuka,” katanya

Reaksi Dr Koh

Sementara itu, Bernama melaporkan Dr Koh berkata, beliau tidak tercalar dengan gesaan Mohamad itu.

“Jawapan saya kepada beliau ialah tidak. Itu adalah salah. Kami tidak akan terganggu. Kami komited terhadap apa yang kami mahu lakukan.

“Ini merupakan tempoh yang amat penting di mana kami perlu bekerja bersama-sama,” katanya.

Menurut Dr Koh lagi, di bawah kerajaan baru pentadbiran Perdana Menteri Datuk Seri Najib Tun Razak, berlaku banyak perubahan dan juga cabaran dan seseorang perlu bertanya bagaimana seseorang itu dapat menyumbang kepada proses perubahan itu.

Koh menyifatkan kenyataan Mohamad sebagai “kuasa negatif” dan menegaskan ia bercanggah dengan semangat BN, tetapi menurutnya beliau yakin dengan sokongan semua anggota parti, kuasa positif akhirnya akan mengatasi kuasa negatif itu.

“Sudah tentu, akan ada kuasa negatif yang tidak bersetuju…dalam BN, dalam kalangan parti-parti komponen, malahan dalam Gerakan. Mereka akan terus menyalahkan pihak lain,” katanya semasa merasmikan Perhimpunan Agung Anggota Seumur Hidup Gerakan hari ini.

MP Sri Gading, jangan jadi hantu pantat!

Sebagai seorang ahli Parlimen, beliau harus bersikap profesional dan berdebat isu-isu kepentingan rakyat dan negara. Soal mencabar perangai seseorang ahli politik itu adalah perkara biasa tapi siapakah si Aziz itu untuk mengarahkan Tan Sri Koh berundur sebagai Menteri? Yang paling tidak kena adalah beliau nampaknya seperti bersepakat dengan Lim Kit Siang untuk menentang rakan BN sendiri. Adakah ini semangat BN? Teresa Kok kata dalam pembangkang ada ’shit-stirrer’, nampaknya dalam BN pun ada. Mengampu atau tidak, itu adalah subjektif, kalau hantu pantat tak puas hati, kenapa tidak menghadapi Koh? Pergilah jaga hal rumah sendiri sebelum nak menyibuk hal orang lain.

Dalam perkara lain, saya berharap kerajaan akan mengkaji semula keputusan 5% RPGT dikenakan atas jualan hartanah tanpa kira tempoh kepunyaan. Ini adalah tidak adil terhadap mereka yang sudah lama membeli sesebuah rumah persendirian, contoh melebihi 10 atau 20 tahun dahulu. Sudah tentu harganya akan banyak menguntungkan, adakah wajar untuk mengenakan cukai atas keuntungan tersebut. Sebuah rumah banglo di Bangsar adalah berharga lebih kurang 200 ribu pada tahun 70 an, kini di anggaran 2 juta, adalah 5% akan dikenakan atas keuntungan 1.8 juta? Tujuan utama RPGT adalah untuk mengelakkan pembeli spekulatif dan bukan mereka yang benar-benar menghuni begitu lama.

Kebenaran DUN Perak

Cakap-cakap politik di restoran mamak, Ipoh:

Ali: Apa macam pagi ni, sidang DUN kita kecoh lagi. Kini pulak slogan “1Malaysia, 2Perak, 3Katak”. Siapakah yang sebenarnya kerajaan yang sah?

Lee: Rakan peguam gua ada jelaskan tapi gua masih tak faham, banyak sangat isu undang-undang, perlembagaan dan prosedur. Lu orang boleh terangkan secara mudah difahami tak?

Chia: Pakatan itu sore loserslah! Sengaja mahu cari masalah, si Ngeh dan Nga itu tak habis pegang videocam dan handphone untuk tangkap gambar supaya dapat menghangatkan apa-apa isu yang terbangkit. Mereka provoke polis untuk bertindak ganas dan lepas itu putar-belitkan isu sebenar.

Lee: Eh Chia you janganlah pro-BN sangat, bayangkan isteri kamu dirampas orang, tidakkah kamu akan bertungkus lumus untuk mempertahankan kejadian tersebut?

Ali: Hallo Lee, dont make fun of people’s wifelah. Anyway kalau isteri saya begitu senang dirampas, kesetiaannya harus diragui.

Kumar: Saya rasa I boleh explain dengan amnya tapi you orang mesti mahu berfikiran apolitikal iaitu tak boleh ada mentaliti sokong mana-mana pihak BN atau Pakatan. Sebenarnya ini semua soal demokrasi, pada pendapat Pakatan, rakyat telahpun mengundi mereka untuk jadi kerajaan Perak tapi BN merampas kuasa setelah 3 Katak itu lompat. Pada Pakatan, kuasa rakyat adalah demokrasi. Walaupun negara kita tak ada anti-hopping law, pandangan Pakatan adalah seharusnya ada satu pilihanraya lagi, biarkan rakyat untuk membuat keputusan muktamad, tapi BN enggan – kata ramai orang takut kalah.

Ali: Soal demokrasi itu boleh dipertikaikan. 3 Katak itu dengan jelasnya sokong BN, oleh itu BN adalah majoriti di DUN, bukankah itu demokrasi? Memang benar semasa PRU 12, rakyat pilih pembangkang untuk mewakili mereka, tapi adakah mereka pilih parti atau individu? Kalau nak blame, salahkan credibility calon PKR dan DAP lah. Apatah lagi tahun lepas Anwar Ibrahim janji nak ambil alih kerajaan persekutuan dengan adanya 30 Katak tapi gagal. Tambahan lagi dulu semasa PBS di Sabah dikalahkan atas sebab katak juga rancangan Anwar. Pasal pilihanraya, kenapa pulak BN nak dance according to their tune? Selepas keputusan PRU12, BN sebenarnya adalah entiti yang mempunyai majoriti di mana pada masa itu masih tidak ada gabungan Pakatan atau satu entiti politik yang sah. Tapi oleh kerana PR memberitahu Sultan Perak bahawa mereka akan bergabung, Sultan pun membenarkan mereka menjadi kerajaan negeri. Kenapa tak ada orang soal pulak?

Lee: Ya tak ya jugak, kenapa DAP, Pas dan PKR sampai sekarang tak nak register Pakatan? Ideologi yang berbeza? Tak tahu siapa yang harus jadi ketua?

Chia: Jelas mereka adalah a marriage of convenience. Saya ingat pada mulanya si Ngo dari DAP itu pernah boycott Nizar jadi MB kerana parti PAS dapat undian yang paling kurang di antara pembangkang, kini pulak jadi member, semua itu wayang betul!

Kumar: Sebenarnya apa yang dicabar mengenai keesahan BN dijadikan kerajaan baru pun ada meritnya iaitu tidak ada sidang DUN untuk mendapatkan undian majoriti. Saya rasa penasihat atau peguam BN itu tak cukup cekap.

Ali: Itulah permainan rebut-kuasa politik. Pakatan seharusnya terima hakikat mereka secara gentlemen dan bukan huru-harakan keadaan sampai mesyuarat di bawah pokok dan berkelakuan melampui sampai menderhaka Sultan. Mereka harus berusaha to serve the rakyat semoga akan menang di PRU13 nanti.

Lee: I harap rakyat Perak tidak akan beremosi dan bertindak secara rational untuk memutuskan siapakah yang lebih layak untuk memerintah negeri kita. Begitu juga semua ahli politik baik dari BN atau PR, janganlah gila kuasa sehingga kepentingan kita terjejas. Jom baliklah, esok nak kerja…

Kumar: Jom!

Kudos to Transparency

A financial transparency within the government has become much easier to manage than before. The Internet, courages journalist and politicians have provided the public with the possibility of checking how tax payer’s money is distributed among different sectors of our government an addition to how it is being spent. It is reported today in the Star that an estimated RM28 billion losses of public moneys due to non-transparency. Thus hopefully cases like Pempena, PKFZ scandal, AG’s report and government tenders would make public officials accountable and transparent behind the walls of government and improve the quality of the projects.

Transparent procedures include financial disclosure statements, open meetings, budgetary meetings, audits etc. Transparency is a good idea and thanks to the Internet, members of the media, investigative journalist, some individuals (not politicians who have hidden agenda) so that we can now querie all government expenditure to the public. As tax payers, we want to know how the tax money is being used and how every sen is accounted for. However, tranparency is not a new idea; it had been said countlessly in the past. Transparency in politic is the process by which official of the government sets rules and regulation in order to monitor how tax payer’s money exchanges hand within different branches of our government. Without knowing how much money was transmitted originally from initial hand, is not transparency, this would be pretentiousness. Making unjustified or excessive claim that transparency existed when in fact no one truly knows how much money was initially transmitted can no longer exists.

No one is attmpting to debate that transparency within the government never existed before, but in the manner in which Najib has strengthen transparency, no one can say for certain that it has been done before. Ultimately what is crucial next is for the public to see the culprits nailed and surplus in the government coffer.

ISA amendments to be tabled

PUTRAJAYA: Amendments to the Internal Security Act are likely to be tabled in Parliament before the current session ends.

Home Minster Datuk Seri Hishammuddin Hussein outlined five areas under the act that would be looked at extensively by the legislature, as wanted by various groups representing the people involved in several discussions with the ministry.

The issues of concern to them are:

• the rights and treatment of ISA detainees;

• the detention period;

• the home minister’s powers and that the ISA is used for no other purpose but protecting the country’s security and stability;

• that there be no room for allegations of abuse of the ISA or perceptions it is used for political reasons; and,

• the issue of detention without trial.

Hishammuddin said these five issues would be addressed in the first reading of the bill.

He said the bill to be drafted would reflect the views of the rounds of discussion and engagements held.

On the likely amendment to the detention period, which runs up to 60 days currently, he indicated that the consensus so far was for it to be slashed to 30 days.

On the provision for detention without trial under the act which is similar to others like the Patriot Act in the US, Hishammuddin said as in developed countries, the government would ensure it had a sound check and balance to dispel accusations that the act was open to abuse, including for political reasons.

Asked if the amendments would see an end to detentions without trial as provisioned under the act, he said the ministry was considering the many ideas thrown in to strengthen that aspect of the law.

Hishammuddin said he was still open to views in improving the five areas under the act and opinions and suggestions could be forwarded to the ministry’s portal www.ikdn.org or www.ikdn.gov.my, as well as his Facebook account.

Among groups that have had sessions on the ISA with the ministry were non-governmental organisations, academicians and heads of universities, politicians, parliamentarians, youth organisations, the public and enforcement agencies. The ministry will be meeting the Bar Council, women’s organisations and all the Muftis next.

ISA: Repeal, Review or Replace?

I can write pages of why it will be fair, ideal and sensible to abolish the Act rather than reviewing it. I am also in favour to replace it with another law such as anti-Terrorism Act but the ISA has to be repealed first.

ISA Forum: time is 9.00 am NOT 8.00 pm.

Happy Diwali! Keep Cranking!

To all Malaysians who are celebrating Deepavali, best of health and have a joyous moment in life.

Cakap2 Politik II

Faizal: So apa macam dengan politik tempatan, now all eyes on the UMNO general assembly. Betul ke with the abolishment of the quota system and direct vote from division levels can curb money politics?

Rajen: Sikit impact adalah especially for those who still want to play money politics, need to think twice whether is it worthwhile to spend that much.

George: Well at least there is an initiative to reform the party’s tainted culture, we shall analyse…

Faizal: George, your MCA is headless nowlah? Najib sudah hinted both Ong and Chua should leave, echoed by the old man Mahathir and Kim Sai. Who will be the next chief? Are they going to have another party election? Or is the CC going to agree who is to fill the vaccum created by them?

George: Cakap baik-baik eh, I only support non-racial party. The CC will decide soon. Anyway, we can look at different angles from this saga. It may be good for MCA, after all said and done, it is time to choose a leader who has the calibre and accepted by all to truly lead the party into a different ball game. Possible aspirants are Kong Cho Ha, Liow Tiong Lai, Ng Yen Yen, Fong Chan Onn, Ong Ka Chuan or even Wee Ka Siong and Donald Lim. Chua is in favour of the re-election provided it applies to all the CC, otherwise most of them in there are Ong’s ma-chai particularly the appointed ones, 9 of them I think. But I believe this is unlikely as there is no reason for those who were elected to agree.

Ali: Kong and Yen Yen were playing their game very carefully neither seen to support any sides. This iron lady of MCA dreams to become the first woman to lead the party. In the meantime, bolehkah Najib appoints Muhyiddin jadi Pemangku Presiden MCA? After all he is the BN chairman and such arrangement occurred during Neo Yee Pan era where the late Ghaffar Baba was made so.

George: Cannotlah Ali, dulu lain, sekarang lain – the political landscape sudah berubah, ini isu sensitif, sekarang pun sudah orang spin the message that UMNO nak campur tangan which is why Najib is very careful in his statement.

Rajen: BN parties banyak hal lah, actually the public could not be bothered, they are just a laughing stock like what happened in MIC and PPP. Samy is on leave before deciding to resign or not after all the pressures, Najib supports Makkal Sakhti, Murugiah is applying to ROS to reinstate him as the valid PPP president where Kayveas is still furious wanting the return deputy ministerial post. To think about it Gerakan can be the most powerful now beside the taiko UMNO. Koh Tsu Koon, day in day out bersama Najib and the party is a goodie now, sure PM discuss most of his ideas with him.

Faizal: Dont say UMNO is taikolah, we must understand the history and difficulty of our multi-racial society with the Malays dominating the population. However I can agree with you Rajen, for the time being Gerakan is the trusted party in the eye of the PM. Sorry to say that the 2 deputies are either in there because of UMNO or the president, therefore it is not surprise to see them either as a vase or a wimp. As for Koh who has basically achieved everything under the political sky, I hope he has some constructive plans in mind for the people. Sometimes cant really blame the people labelling Gerakan as irrelevant or of no force except to curry flavour with UMNO chiefs.

Ali: Eh, hati-hati cakap, you never know ada spy tahu?…Rajen itu mungkin ahli Gerakan…

George: Tapi that is how people perceives it, a good leader shall has an open heart kan?

Rajen: Oklah I am a Gerakan member tapi dormant. Semua itu tak penting, apa yang crucial adalah prestasi mereka terhadap rakyat. Sementara ini apa yang jelas atau ada impact dari BN is only about the PM’s performance and his 1Malaysia concept. This could also be the reason of Isa’s victory coupled with his popularity in the constituent. MCA, MIC and Gerakan betul-betul got to do something beside wrestling for power or ‘lubang’.

Faizal: What happen to Anwar Ibrahim, sunyi saja? Adakah the allegation about his corrupted funds betul ke?

Ali: Do you realise whenever Nallakaruppan and Azmi speak out about him, he dare not talks much?

George: All I can say is if BN government wants to maintain its improving image, they must be very cautious in whatever policy and decision-making in the future, otherwise the Pakatan politicians will spin and twist the message detrimental to them. Most important is to improve our economy, semua orang ada bisnes, ada kerja dan selamat.

Rajen: Aduhai, tak habis-habis nak cerita politik tempatan, ini hujung tahun pun sampai, I hope our country can really moves forward, jom pergi teh-tarik…

Media Power – Malaysiakini An Opposition Political Tool?

Some say media power is political power. When one talks about democracy, it does not mean that the mass media inherently serves the same. In today’s world, media are vulnerable to manipulative by political influence and economic forces. They are not an agent of democracy. PR supporters would criticise Utusan, the Star etc whereas BN supporters may see Malaysiakini, the Sun, Malaysia Insider etc as a hindrance. The sheer number of comments or voices in those related websites/blogs is not a reliable indicator of a society’s level of freedom. But apparently, for some reasons, it is only the critics who have the time to express themselves.

Unlike sports or entertainment, news in internet reinforces connection between the individual and the surrounding society. Pre-election polls and other opinion surveys evolved to become an ingredient of the political news. The computer literate (majority perceived to be PR supporters) created a new sense of community. Pakatan parties particularly DAP and PKR anticipated this and leave their mark. Such may eventually open to abuse and can undermine democratic order as well as enhance it.

Although freedom of information and press is an important feature in democracy, one must also realise that news and information has no intrinsic value unless embedded in a meaningful context which organises and lends it coherence. News, comments, stories and information can be twisted and spinned. They carry an implicit message.

At the end of the day, what democracy actually requires is implementation of good policies and debate that benefits the people, not so much of information. Malaysians must be able to judge and evaluate rationally. Much of the press or internet site, in its eagerness to attract the public, has become a conduit for the equivalent of junk mail. We should not be misled or manipulated. I hope the media will come to play a larger role in community service and not shaping any political agenda.

Q&A for laymen: Cakap2 Politik.

PR : “Unlike BN, PR parties have equal standing and we work towards a common ground” (DAP MP Charles Santiago)

BN: “PR is obviously a marriage of convenience, with each parties having contrasting ideologies. If PR is truly united, why is it so difficult and taking so long for them to register their coalition? Think about it”.

Ah Beng: “Although with different objectives, everbody knowlah Pakatan just pakat to hantam BN, what to do? PR was smart to spread their message through internet and e-media effectively. They are able to sing the song that please the people. Most urbanites and youngters support their ideals even if it tastes like shit. But ya loh why they dont want to form the Pakatan coalition officially? Perhaps worry of a possible conflict who to head?”

Ali: “Aiyah all politicians are the same, they will play their strategy to win the game. At the end of the day, it is to convince the rakyats or voters. I hope the rakyats will judge them in a rational manner and not emotionally”.

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PR: “UMNO will never change. They are still playing the patronism and cronyism politics. They are adamant to learn from mistake. Just look at the recent selection, after picking a tainted candidate the last round, now put another candidate like Isa Samad again. Others affirming the same are Ali Rustam and Khir Toyo”.

BN: “Isa is a candidate of the people’s choice. We’d did our ground works before picking him. He was punished for his wrongdoings previously”.

Ah Seng: “A leopard will never change its spot. Although it is difficult to kill off UMNO, if the PM is not brave to chop off those warlords and napoleans, UMNO is killing themselves, no need for PR to do anything”.

Muthu: “Like that ah, so why is it they are convinced that Anwar Ibrahim has repented? Why is it they can accept Zaid Ibrahim who was also found guilty of money politics previously?”

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PR: “Government agencies such as the police force, judiciary, EC and MACC are BN’s dogs. They practise double standards and always suppressing and oppressing PR politicians, do you call that a free and democratic society?”

BN: “There may be incidents that the people perceived the public officers of being bias and one-sided. However most of the time they are being provoked and lured to create a negative impression to the people. If PR has proof, a concrete one, there is no reason justice cannot prevails. False allegations and accusations are equally unfair to BN government. The judges today are of high integrity, judgments are made in favour of both sides. The MACC actually investigated more UMNO/BN politicians than PR, it is just there is nothing to shout about by calling the press media. PR will always call up the reporters once MACC officers visit their respective premises, in order to highlight that: “You see, they are ambushing PR again? In TBH’s case there are many possibilities that lead to his death. Just because a Singh lawyer who knows how to act fierce and stir up the issue doesnt mean MACC is the culprit. About the recent EC’s act at Teluk Kemang, the law in the Election Offences Act clearly states that non-contesting party cannot put up their posters/flags – PR should form an official coalition. Undeniably PR is good at spinning the news so that the public will not suspect any shortcomings on their part”.

Ah Wong: “Ok, ok maybe PR played their game better since the last GE. Isn’t that how an opposition should perform effectively, to be a watchdog against any unfair act and policies by the government. Anyhow we cannot really blame the PR even if it is a false accusation. BN has made people to distrust them particularly with their blatant corrupt practice. The only thing I am disappointed is some of this PR politicians are still behaving like the olden days opposition not realising that they are already the state governments of the day. My inkling tells me that TBH’s death has something got to do with Ronnie’s involvment with the underworld. I am pretty sure the DAP in Selangor has some dealings with the underworld, otherwise why is it the nightclubs, prostitution joints and spas are mushrooming especially in Cheras and Puchong?”

Ahmad: “Hmmm, kalau bagi PR jadi federal government, bolehkah mereka berubah kesemua gejala dan kelemahan sistem kerajaan? Bolehkah mereka hapuskan rasuah dengan efektif? Adakah secara keseluruhan PR mempunyai pemimpin yang layak dan berpengalaman untuk memajukan negara kita? Kenapa sehingga hari ini PR tidak mampu mengiatkan ’shadow ministers’ mereka masing-masing untuk memantau setiap kementerian kerajaan? Ini satu dilemma juga bagi PR. So the question is pihak manakah yang harus kita boleh diharapkan? Risiko terhadap menyokong PR yang lebih bersih, transparent dan beramanah tetapi tidak berpengalaman dan berkemungkinan akan bertengkar seperti di Selangor atau mengharapkan BN benar-benar bertaubat dan membangunkan negara demi rakyat dengan keikhlasan”. Satu soalan yang mesti difikirkan dengan matang bukan setakat membaca mass media atau Malaysiakini atau websites/blogs politik.

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PR: “The ISA is a draconian law, no more relevant in our society today. It is obviously violating the principles of human rights. The government want to maintain it to suppress their political opponent”.

BN: “If the opposition has done nothing wrong, why are they fearful of the Act? A nation like ours cannot be just talking about human rights only as the paramount consideration should be peace and stability. Thanks God, so far we manage to control and prevent any terrorism and extremism act unlike our neighbouring country. There is no way to give a single chance for those idiots to mess up the country. However the government realises there is a need to update the law which is why we will soon table a review of the Act”.

Raju: “A balance of security and freedoms, which is more important?”

Fabian: “I agree human rights is one thing, peace is another important factor to consider. What about justice, fairness and abuse? Abolish the ISA and replace it with Anti-Terrorism Act”.

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PR: “There are certain matters need to be confidential for the sake of the people. We cannot simply declassify those minutes and documents as we feel it is not in the interest of the state government to do so”. (Lim Guan Eng and Ronnie Liu)

BN: “No comment. Now they know it is not easy to govern.”

Ah Kau: “Apalah dulu semasa berkempen, LGE dan bapa, Khalid Ibrahim begitu agresif menentang OSA, sekarang cakap tak serupa bikin!”

Ali: “Kan I sudah cakap, semua ahli politik itu sama je, cannot trust them fully. We can just be observant by judging their actions regardless of which party they are from. Apa yang saya takut adalah bayangkan kalau next election salah satu pihak hanya menang dengan tipis untuk jadi federal government, macam-macam boleh terjadi – by then jahanamlah negara kita!”

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PR: “Racial or sectarian politics is no more relevant in our society today. We are all Malaysia Malaysians!”

BN: “1Malaysia. Malaysians must be tolerance and understanding the need of our diversity”

Rosman: “1Malaysia atau Bangsa Malaysia itu cosmetic saja. Sementara ini tak mungkin mana-mana pihak, parti atau pemimpin boleh benar-benar menghapuskan mentaliti 100% tak kira bangsa dan ugama. Itu adalah satu kebenaran yang tidak boleh dinafikan. Kalau nak cerita pasal isu ini, 3 hari 3 malam pun tak habis kerana melibatkan sejarah, adat, kepercayaan, DEB dll. Oleh itu paling penting adalah politicians tertentu harus dihukum jika didapati sengaja memainkan sentimen kebencian di antara kaum dan bangsa di dalam masyarakat majmuk kita. Memang tidak ada masalah sebenarnya untuk kita semua bersama mahupun di tempat kerja, sukan, kedai mamak dan kejiranan”.

Ah Meng: “Ya tak ya jugak, hanya segolongan individu dan ahli politik sahaja yang ekstreme dan mahu cari hal tanpa bervisi dan mementingkan negara, celaka betul mereka ini!”.

The Wonders of IT

Count Your Blessings

Feel like giving up? Life is unfair? Listen to this:

P115 Batu by-election after Bagan Pinang?

Prior to the last general election, Batu MP Chua Tian Chang (Tian Chua) was charged under section 332 of the Penal Code where he bit a policeman voluntarily causing hurt to deter the same from his duty. Both the prosecution and defence closed their case last Friday and the court has fixed a decision date on 22.10.2009. If Tian Chua is found guilty, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

Is Tian Chua still the MP if convicted? Ironically, most of the PKR/Pakatan fans supported his action, even if there is another by-election, they believe a victory is of no sweat. Could this be the 10th by-election after Bagan Pinang? I doubt.

Under Article 48 of the Federal Constitution, a person is disqualified from being a member of either House of Parliament if …(e)…convicted of an offence and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit. This will take effect upon the expiry of 14 days from the verdict day. However he has the right to appeal and apply for a stay of exection or filed a petition for a pardon.

Now, what is the effect of his disqualification? His parliamentary seat in Batu shall become vacant. Such vacancy shall be filled within 60 days where the EC shall decide whether an election to be held or an appointment made accordingly. If a by-election is called, parti Gerakan shall selects their candidate and move its machinery.

However in the case of Wee Choo Keong v Lee Chong Meng & Anor [1996], Lee who was the losing candidate, filed an election petition to disqualify Wee because the latter was actually fined RM7,000 for contempt of court. The election judge disqualified Wee and declared Lee as the properly-elected MP for Bukit Bintang. Subsequently Wee applied for an order to quash the decision but was dismissed. Similarly Wee’s appeal to the Federal Court in 1998 was also disallowed.

In my opinion, a distinction can be drawn from this case against possible Batu situation. In Wee’s case, his conviction occurred before the nomination day. Thus it allowed the election judge to declare that Wee had not been properly and legally elected under the Federal Constitution and Election Offences Act 1954. In Tian Chua’s case, he was duly elected before his conviction, thus a by-election is the likely outcome. In any event, I am sure that Tian Chua will instruct his counsel to appeal against any unfavourable decision and the finality is likely to take another year.

FINALLY PAKATAN RULES MALAYSIA !

Below is an imaginative headline news as if I have a crystal ball to predict the future. If there are obituaries in politics, the following would likely to appear (say in 2012):

[Breaking News! 3 March 2012, Kuala Lumpur - Opposition coalition Pakatan Rakyat won a landslide victory in the 13th general elections; taking 152 out of 222 seats in Parliament, from the ruling coalition Barisan Nasional after 54 years of independence. The widely predicted victory deals a major blow to Prime Minister Datuk Seri Najib Tun Razak who had worked tiredlessly to reform and transform the government since taking over the premiership in 2009. The defeat also awakens many other leaders within the coalition. As a result, PM Najib, together with Datuk Seri Ong Tee Keat and Tan Sri Dr. Koh Tsu Koon conceded that BN had lost control of the government and announced their resignation to preside their respective party. None of them is available to comment when contacted.

Attention will now be riveted on who is the next premier of Malaysia as well as the aftermath and economic effect. Analysts believe that voters have expressed not so much their support for Pakatan as their mistrust of BN leaderships resulted from the tainted government linking to corruption, abuse of power and unethical conduct in every level of the system. In addition some believe that the falling popularity of BN, an economy in decline and growing public dissatisfaction with politics gave a historic opportunity to the opposition. The victory serves as a watershed moment in the country's electoral politics.

For those concerned about Parti Gerakan which decided to remain in BN despite internal and external forces to pull out can only blame the party leadership failing to recognise the inherent limitations. Gerakan was a party that many expect it to transform from a conservative into a modern catchall party or a third force drawing support from all social strata.

"The results proved that strong coffer and conspiracy with big corporates, GLCs, agriculturist and Malay support, NEP policy and elite bureaucracy do not guarantee permanent control. Gerakan has failed to respond to the fundamental changes in Malaysian society. The party didn't or refuse to understand rakyat tastes had changed and wanted something else. This is not about the party or political system but a desire for greater and better types of political participation" said a Gerakan youth leader.

Malaysia politics seems to have finally caught up with the rest of the modern world. Change has come at last.]

Do we want the above to happen?

Pn. Norlaila’s interview

“…bukan saja dari Pas, PKR atau DAP… ada juga dari Gerakan yang sokong…”

Adakah MCA, MIC dan Gerakan akan berkecai?

Sekelip mata cuti empat hari berlalu. Sudah jemu saya menikmati hidangan dan kuih-muih Melayu. Apa yang sedihnya adalah ramai meluangkan di perbualan keluarga, restoran, media internet dan am bahawa parti-parti seperti MCA, MIC dan Gerakan (“parti-parti tersebut”) sememangnya tidak lagi relevan untuk menunaikan harapan rakyat terutamanya kaum Cina dan India. Ramai tidak peduli sama ada Ong atau Chua, Samy atau Subra menjadi presiden bagi parti mereka. Reputasi Gerakan pula sebagai parti harapan kini hanya satu parti “moderate” atau “centrist” sahaja – dianggap tidak penting lagi.

Kecuali mereka yang terlibat di dalam parti-parti tersebut atau mempunyai perhubungan ‘erat’ dari segi perniagaan dan keuntungan secara langsung atau tidak, rakyat tidak lagi menyokong parti-parti tersebut. Ini bukan satu khabar angin atau khayalan tetapi KEBENARAN! Kronisme, wang politik, rasuah dan keuntungan haram adalah gejala syaitan yang tidak akan kekal selamanya.

Apa yang menyedihkan adalah pimpinan parti-parti tersebut masih tidak sedar, ikhlas dan bertaubat untuk benar-benar memperjuangkan kepentingan rakyat. Selagi mereka masih angkuh dan berangan atas harapan UMNO masih boleh melindungi mereka, pemimpin Pakatan Rakyat akan tersenyum riang. Sesiapa di luar situ sama ada Ali, Ah Beng atau Muthu pun tahu bahawa kuasa yang masih dipegang kuat oleh UMNO adalah disebabkan oleh ‘peti wang’ mereka. Peneroka Felda dan mereka di kawasan pertanian atau kampung masih tidak memperdulikan betapa pentingnya harapan baru itu. Ini adalah aset UMNO. Ada juga memberi kepercayaan atas dasar pengalaman kerajaan BN dari risiko kerajaan baru. Kemakmuran dan kestabilan juga merupakan faktor yang lain untuk memberi sedikit banyak sokongan.

Adakah ini dapat menyakinkan harapan baru kepada generasi muda kita? Adakah negara kita akan benar-benar menjadi bangsa Malaysia atas pemerintahan sekarang? Adakan rasuah dapat dihapuskan? Adakan sistem dan kualiti pelajaran akan dapat dipertingkatkan setanding dengan negara-negara maju? Ramai rakyat atau pengundi muda terutamanya di bandar meragui kerajaan BN dapat melaksanakan perkara-perkara tersebut. Begitu juga dengan mereka di Sabah dan Sarawak. Sehingga kini selain dari prestasi Perdana Menteri yang dianggap mengalakkan, pandangan rakyat terhadap parti-parti komponen dan pemimpin-pemimpin yang lain di BN sebenarnya tidak ada perubahan. Negatif, itu adalah satu kepastian.

Disebaliknya adakah wajar untuk memberi peluang kepada Pakatan sebagai harapan baru negara kita? Walaubagaimanapun ramai menganggap risiko ke atas Pakatan adalah lebih wajar dan masuk akal dari kepercayaan kepada UMNO atau BN. Jikalau sentimen sebegini dikekalkan tanpa tindakan yang tegas oleh PM untuk memulihkan pandangan rakyat dan keinsafan pemimpin-pemimpin BN untuk memahami setulus hati maksudnya perjuangan dan perkhidmatan untuk rakyat, nampaknya hanya kegagalan dan kejatuhan merupakan satu-satunya jalan sahaja. Adakah begitu sukarnya untuk melepaskan kepentingan seseorang itu demi perjuangan menghidupkan parti?

HAPPY HARI RAYA!

As PM Najib says not only we should have open house during this festive season but also celebrate it with an open heart. Selamat Hari Raya Aidilfitri kepada rakan-rakan dan saudara-saudara umat Islam. Enjoy!

CHANGE we can believe in

Surprisingly my favourite song, ‘One Moment In Time’ is used as a tribute for Obama’s election last year. Great choice. (1Malaysia) Yes, we can.

GTP = Gerakan Transformation Programme.

What has Gerakan accomplished to date? What lies ahead?

Needless to say, many of us aspire a different and strong Gerakan. When I was at a dinner hosted by the India Deputy High Commissioner and Counsellor last Tuesday, many of the distinguished intellectual guests spoke highly on Gerakan. They see the value in Gerakan worth more than MCA and MIC. Now, how can we transform Gerakan into a high-performing and a preferred party of the people? This may be crucial in the next 2 years or so. To facilitate this transformation, Gerakan must start moving from all sides whether it is from the main body, youth or wanita. Perhaps the GTP system used by Dr.Koh and Idris is applicable to the party. Make it as ‘Gerakan Transformation Programme’ instead – there must be a functional comprehensive guideline and program (eg effective grassroot service, ICT and delivery strategy). More importantly there must be a motivator to move the talents and aspired leaders of the party. There must be a reason to move or transform, this need to be explained clearly. Sometime a hope is just ain’t enough.

It is also high time for the party members to deliver and struggle together for the sake of Gerakan. Easier said than done? Well if one keeps on adding fuel to the fire to picture Gerakan as a hopeless party, for heaven sake, leave. Considering the current low favourable rating from the public in relation to Gerakan’s position in BN or relationship with UMNO, the party must persuade and convince the rakyats of the party’s relevance. I had once put together a set of questions which may be still worthwhile to consider:

1. What are the anticipated positive changes?
2. What does Gerakan stand for now?
3. What does Gerakan values?
4. What is Gerakan afraid of and why? What is most vulnerable and how to fix it?
5. What can Gerakan delivers well?
6. How does Gerakan differ from their opponents? What does Gerakan brings to the table that they cannot or will not do it?
7. What are Gerakan primary and secondary goals now? Are they the right ones?
8. What is the preferred and ideal leadership and where can Gerakan find or nurture it among the ranks?
9. What is Gerakan’s political compass and how far is too far when the game gets rough?
10. Is becoming a third force still an option?

“Fiat Justitia, Ruat Coelum”

Lawyer cum Politician

Section 46A of the Legal Profession Act 1976 states:

(1) A person shall be disqualified for being a member of the Bar Council or a Bar Committee, or any committee of the Bar Council or a Bar Committee -
(a) unless he is and has been an advocate and solicitor for a period of not less than seven years…or
(b) if he is a member of either House of Parliament or of a State Legislative Assembly, or of any local authority; or
(c) if he holds any office in … any political party.

Before I discuss construction of the said section, let me query why so many politicians are trained lawyers? This especially so in US, UK, Canada, India and perhaps even in Malaysia. Just look at the presidents globally and our past PMs or we dont even need to go that far, just look at Parti Gerakan. Let me see…I can easily think of names such as Ko Youn, Jayanthi, Chia, Gordon, Vincent, Teng Boon, Chee Kuan, Keng Liang, Baljit, [Si Pin], Raymond, Chai and of course myself. Similarly there are also many in other political parties. Is it because they (we) find the practice of law so dissatisfying, is it because the skills they possess match ideally with those required to become a politician or is it a combination of the two or are there other reasons?

It seems that lawyers just love leading and/or enjoy the fruits that comes with political positions. To be fair however, being a politician involves persuading a large group of people that you have the best ideas, that you can resolve their problems and generally that you are better than the next guy, just like the trail lawyer. It involves legislating and who better is able to understand laws and their application? It involves diligence to the task at hand and all lawyers are trained to function on a few hours sleep and then work like maniacs. It involves negotiating deals, agreements and treaties and lawyers particularly lawyers in civil litigation are often skilled negotiators and I could go on and on.

However outside of their skills and training are there other considerations for this relationship between the law and politics? How about economics as a factor. Many lawyers enter the field as it is viewed as a good money source but what is the connection with politics? They may see politics as a natural stepping stone where they can gain status or make contacts which will guarantee a continuation if not expansion of their already high earnings. If lawyers even fail at politics they can return to practice law with their new found contacts/potential clients in hand. Not a bad deal and it could in fact be considered another factor, namely flexibility. You leave law enter politics, lose elections return to law and the cycle continues.

Then there is the over abundance of lawyers. It seems given the numbers being bandied about that everyone is studying law. Yes the field of law is over saturated. So if there are so many of us grabbing for a share of the pie why not exit that rat race and join another? Become a politician and gain fame, fortune and of course more power.

This brings me to my original point about the dissatisfaction with the practice of law. Does that have any relevance here? I mean if we consider the drudgery involved in drafting and re-drafting fine print, battling for the last cent of your legal fees, scouring the planet for clients and fighting treachery in the court room and the firm well why not seek the glamour of the politician’s life. But in Gerakan? :) Maybe, just maybe lawyers have been so shaped by their training and the experiences gained in their careers that they have been molded to become politicians. But what about those who only experienced in corporate and conveyancing works?

Anyway Subang MP Sivarasa is applying to the Federal Court tomorrow to declare section 46A (1) of the LPA unconstitutional. When I checked out the section, I must admit that I am surprised by it because there have been so many lawyers became politicians particularly in the opposition. I can understand why a lawyer cum politician is barred from holding a committee position in the Bar Council but he shall also be disqualified for being a member if he is a member of either House of Parliament or State Legislative Assembly and even local authority? A member of the Bar cannot even holds any office in any political party, what about central committee or a bureau head? I hope the court will construe the said section in accordance to the reality and practicality aspect of it.

KJ pemandu teksi yang patriotik – 15Malaysia

Funny, pathetic but it happens.

Gerakan’s protest against the ISA

“Preventive detention is a very painful ordeal and should only apply to those who pose a serious and genuine risk to public safety”

Gerakan president Tan Sri Dr. Koh Tsu Koon noted that the prime function of the ISA is preventive and not punitive as the country has criminal laws to deal with alleged criminal acts.

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“We advocate a replacement of the ISA with a new statute called ‘Anti-Terrorism Act’ that would specifically deal with threats from terrorists”

“We do not want ISA to be abolished but we want its usage to be narrowed down” deputy president Datuk Chang Ko Youn told the Edge Malaysia recently.

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[Nutgraph: "They Say It"
By Zedeck Siew]

“Gerakan Youth is of the opinion that struggles of organisations such as Gerakan Mansuhkan ISA (GMI) should be considered seriously for the sake of justice and recognition of human rights principles enshrined in the federal constitution.”

ANDY Yong, Gerakan Youth’s legal, public complaints and social welfare bureau chief, who declared the party youth wing’s interest in joining last month anti-Internal Security Act (ISA) rally in Kuala Lumpur (Source: Gerakan Youth to join anti-ISA rally, Malaysiakini, 13 July 2009) is of different perspective now.

Yong revealed that Gerakan’s national central committee had decided to push for true reform of the ISA, especially where it concerned detention without trial. Party leaders such as Penang Gerakan chairperson Datuk Dr Teng Hock Nan had previously stepped up to the plate to tackle the same issue.

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“We can shout, we can wave flags and don banners, none of that will achieve its purpose if the ‘people in power’ should continue to view us as pest.”

Gerakan Youth chief Lim Si Pin, in an entry on his blog about the furore since the wing movement. (Source: Move – Gerak(an), limsipin.com, 16 July 2009)

Lim argued that no amount of “peaceful assembly or march will turn the tide if the Govt [sic] is not prepared to change a certain policy.” While insisting that the youth wing’s intent was to “inculcate our next generation to be brave and be bold”, Lim stressed that if GMI’s march failed to receive a police permit, Gerakan members should not break the law by marching forward.

On 1 Aug itself, Lim announced that Gerakan Youth would “detach ourselves from the joint-march”, as “the ‘walk’ is deemed illegal under the Police Act.”

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“Street protests, especially those involving big crowds, are definitely undesirable as[,] if not careful[,] they can lead to untoward incidents or even violence[;] and the authorities, especially the police, would have a tough time controlling the situation.”

Gerakan vice-president Datuk Mah Siew Keong, who added that his party welcomed Prime Minister Datuk Seri Najib Razak’s suggestion that “suitable venues, including stadiums” be provided for citizens to “air their grievances peacefully and orderly.” (Source: Hold peaceful gatherings in stadiums, gerakan.org.my, 3 Aug 2009)

Mah maintained that any gathering should be a “win-win” situation — “allowing participants to air their grievances and opinions and allowing the government to better understand the issues at hand”.

Review of ISA

Kuala Lumpur, 9 September – In conjunction with Malaysian Human Rights Day 2009, Pemuda Parti Gerakan Rakyat Malaysia urges the government to consider the relevance of the Internal Security Act 1960 (ISA) in urgency.

“Whether it is to be reviewed, amended or replaced, I hope the ultimate aim is to safeguard the existing peace and harmony in our country. But if the intention is not truly based on a fair and just government, there is no point of a review. If the government wants to preserve an unfettered power to detain at will or to deter political freedom and freedom of expression, the intention will not be respected by the people” said Andy Yong, head of legal, public complaints & social welfare bureau.
Last month the Home Minister said the ISA might be amended at the next sitting of Dewan Rakyat.

Andy further commented “in the meantime, I believe more ISA detainees are to be released soon, a decision that should be welcomed.”

Suhakam will also be holding a conference today to mark the Malaysian Human Rights Day 2009. They will propose a roadmap to enable the government to adopt a human rights action plan as a national strategy and to discuss how human rights in Malaysia can be strengthened further.

Green Light to rally?

With the party president recent statement, does that means Gerakan particularly the Youth wing can organise more peaceful assembly or rally to support a good cause for the people?

KUALA LUMPUR, Sept 6 — Tan Sri Koh Tsu Koon today urged the police to act fairly in dealing with public demonstrations because of the perception that they are more effective in cracking down on rallies than on crime.

Koh’s criticism is the first from a minister in Datuk Seri Najib Razak’s administration, and comes in the face of mounting public concern over the neutrality of the police.

His remarks also come a day after police arrested 16 people in a peaceful candlelight vigil, a little more than a week after standing by while a group of Malay-Muslims threatened violence and stamped and spat on a sow’s head to protest the relocation of a Hindu temple to their neighbourhood.

Koh said the public was questioning why the cow-head protestors were not arrested.

His words appeared to be at odds with that of his Cabinet colleague Datuk Seri Hishammuddin Hussein, the Home Minister, who had defended the police last week.

“Current public perception towards the police is that they are more effective in catching demonstrators than criminals,” said Koh today.

“People who carry out candlelight vigils and people who are sitting in mamak shops wearing black clothes are arrested. I think that is not correct,” he said.

The police have taken a hardline approach by cracking down on dissent, particularly from activists and Pakatan Rakyat (PR) supporters.

During the height of the Perak constitutional crisis, IGP Tan Sri Musa Hassan had even said that those wearing black T-shirts would be detained. Opposition activists had adopted the wearing of black T-shirts as a form of protest against what they said was an assault on democracy.

The police, Koh said, should come up with standard procedures to deal with public demonstrations to show they were fair.

He suggested police allow peaceful demonstrations, and use video cameras to record such rallies to later arrest those who break the law.

“If the police act harshly even before there are signs of aggression, not only will this bring displeasure to the group demonstrating but also to the public, who will view this as being unfair,” he said.

He said the police should only act if there were signs of violence erupting.

The police have also come under severe criticism after riot cops used tear gas to break up a mass rally to protest an anti-ISA rally last month.

Scenes of riot police assaulting opposition lawmakers and chasing peaceful protestors through the streets of Kuala Lumpur had severely damaged Najib’s reform image.

After the anti-ISA protests, Najib had suggested that demonstrations be held behind closed doors at stadiums instead.

(Source: MI)

Car faster than plane?

Generally an airplane has a larger engine that allows it to fly faster than a car can drive. What about at a ground speed? (I am not talking about Datuk Seri Tiong’s private jet but a jumbo). In a bid to rev up publicity for the F1 in Singapore, a race was organised between a jet plane and a Porsche 911 GT3. The latter won by 0.4 seconds in the 1.7 km race, unbelievable!

Some also say that a Buggati Veyrone can easily takes on a jet plane…can a small political party performs better than the larger ones?

Consensus or Emperor-styled leadership?

Over the weekend, unusually I browsed some Chinese ancient and historical books at the store. Confucius is always one of the character that I enjoy reading provided it is in English. I discovered that according to ancient Chinese beliefs, people first and foremost need nutrition and then education. I put it simply that our health is the most important thing before we talk about knowledge and capability.

In the last two state delegates conferences (Penang & Selangor), I must admit that the party president delivered sensible messages in his speech. His recent suggestion of recording a protest or demonstration before arrest to justify the latter is indeed a good one. At this juncture, it is becoming apparent that Gerakan is about Penang or Koh Tsu Koon in the eyes of the political nerds or junkies. What if Koh Tsu Koon retires tomorrow? Did anyone in the party knows how to fish in the political ocean?

One of Confucius’s disciples named Zisi noticed that the king at that time had developed an unseemly strategy, but all his ministers condoned it. Zisi made remarks that the king does not conduct himself like a ruler, and neither do the ministers behave like ministers. When questioned, Zisi dare to say this: “When a king thinks he is perfect, no one dares to voice any opinion. Even though a ruler acts correctly, without listening to others’ suggestions amounts to having rejected the advice of others. By the same token, the ministers will echo a false decision and favor a poor mindset”. So instead of enabling the ruler to discern which is right or wrong, the ruler basks in the flattery of his subjects. Rather than evaluating if the ruler’s decision is prudent, the ministers flatter him with outrageous praise. Consequently, ruling the nation from that vantage point makes the populace disgruntled and the nation will no longer be stable. The king and his cadres live with the illusion that they act righteously, and even the servants echo these views because they benefit from empty praise and pointing out his flaws is considered a crime. Now, how can that lead to a good outcome?

According to a Chinese proverb, “An ocean is vast, assimilating the waters from streams and rivers.” Other people’s opinions are like these water. No matter how large the ocean, without these streams flowing into it freely, it would soon dry up. Anyone thinking he is perfect operates from a basis of ignorance and egocentricity. To counteract such thought processes, we must remember the traditional values and be glad others point out one’s own shortcomings. A leader of any organisation or nation should not dams the water. Although new ideas or suggestion to any policy or decision of the leader may not be substantiated by statistics or facts, it is because the they are reflection of the current ones. One will never know the response of a better proposals until it is implemented. Sounds familiar? (please do not misinterpret me, I am not referring to the party president but the leadership in general)

Is Gerakan bleaking?

BN leaders, past and present, condemned the anti-ISA gathering last month. Some Gerakan leaders and members also echoed the same. With much respect the Youth has indeed did a great job by keeping our words not to join an illegal assembly particularly if we foresee violence. Unfortunately the media, Pakatan leaders and even Gerakan members twisted and spinned the good cause. Apparently some Gerakan leaders want the ISA to be replaced, a good way of wording it instead of to repeal or abolish, words that are commonly used by the opposition, NGOs and activists. No one mention about protocol when the pathetic sole pro-ISA fella managed to deliver the memo at the Istana even without a prior letter of appointment. No one prove or show what is exactly the protocol, neither is there any rules relating the same. Recent decision by Selangor Pas allowing the mosque officials to arrest Muslims for buying and drinking alcohol is made without consulting the Sultan. As a result, it angers the Sultan, being the Head of Islam of the state. No one talk about their foolishness for not following the protocol. During the week prior to the rally, my blog carried as high as 800 hits a day with aggressive comments in every related posting. I wonder where are these people now? Subsequently no one question or follow up with the Youth whether any action taken by us to pursue the same (which we did). Was it an interim act with ulterior motive?

As for the party, so far most of the state delegates conferences had not been encouraging especially after the official opening by the president. Anyway my concern is where is Gerakan heading since 308. Did the party rebrand or reform as intended? Can the comrades feel and see any difference? Or are we still ‘begging’ in BN? The only difference I can see is we have some representatives in the cabinet but are they actually there in the interest of the party? Maybe. Of course undeniably our CAT watchers are doing a great job in Penang but is that what the rakyats want? Would we see some ang pows in the party just like how they tease MCA? Maybe. Do the leaders have time for the grassroots before election or delegate conference? Maybe. How many of the Gerakan members have the mentality to serve the people now? Few. Is the party politics really about the elite group, patronage or a particular camp? Maybe. We have a minister in charge of the national unity, but is there a sincere unity in the party? Superficially yes. Is Sedar in KL and Penang of much help to produce results effectively? Maybe.

Talk about being a ‘beggar’, has UMNO change to justify Gerakan’s support in the coalition. Did the party or president has the influence to any of their policy or decision-making affecting BN or the people? As for now, it seems that the issue of being a third force is out of question, why? Are we going to take the risk hoping for a better outcome in the next general election? Or would it better to risk as an independent party? Tough questions indeed – very much depending on the dedication, spirit and unity of the leaders/members. Ironically there are numerous comrades hoping that our candidates will be wiped out so that the party can really revamp and start from scratch like the good old days – the genuine ’satu hati’ struggle.

Ultimately I am incline to believe that Gerakan’s future is not in bleak, it is only a question of how we travel the journey in the next 2 years or so.

Below is an interesting article emailed to me recently:

UMNO was born from demonstration

…The biggest blunder came from our own, Dr Mahathir Mohd. He says that the culture of illegal gathering is the culture of Anwar Ibrahim and not of Malaysian. Maybe he forgot that UMNO itself was born out of illegal gatherings.

Najib says that the ISA protest is an inconvenience. I bet the British said the same thing too when Malays came out in numbers protesting against Malayan Union back in 1946 in various illegal gatherings throughout the country.

Funny, because in major cities around the world, i.e. London, New York, Paris, Amsterdam etc, protests are a normal scene and yet none of the major leaders of the world had characterized these gatherings as being an inconvenience….(seditious statements deleted)…

So, I call upon every Malaysians to see this deliberate memory lapse of UMNO leaders in their condemnation of the ISA protest. If UMNO leaders wanted to protest the ISA demonstration, then they must also condemn the 1946 anti Malayan Union protest as well, because clearly the 1946 protests were illegal protests and has no permits from the authorities. Plus it was a nuisance for the British.
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