New Law Minister a hope for judicial reforms

Judicial reforms : let’s start cracking

The newly-appointed de facto Law Minister Datuk Zaid Ibrahim,should be commended for his bold suggestion that the government has to apologise to the victims of 1988 judicial crisis.These senior judges including the the then Lord President were humiliated,disgraced and sacked from their positions for standing up to defend the truth and the integrity of the judiciary. The fact that such calls for apology and dissenting voices are being tolerated augurs well for the future of the nation as they were unheard of in the past.

Although there are those would want nothing short of a total review of the crisis but an apology would suffice as the unfortunate tragedy occurred 20 years ago and digging into the past may be too painful and damaging. It is time to put the past behind and focus our attention on revamping the judiciary to return it to its past glory and reputation.

Zaid has promised many changes which are very encouraging and we hope he can achieve all of them. Among his priorities should be to restore the independence of the judiciary and establishing transparency in the appointment and promotion of judges. Political meddling has had disastrous effects on the judiciary as it compromises on its impartiality in delivering justice.

The system of promotion and appointment of new judges should be another area that has to be seriously looked into as the existing system leaves much to be desired. It gives absolute power to the executive without the need for discussion and consultation with any parties, not even the Chief Justice.

Judges appointed should be of high caliber, integrity and morality. Their loyalty should not be to politicians and businessmen but only to the rakyat.Their judgment must be based solely on the provisions in the laws of the country not sentiments or inducements.

The rakyat have given the Barisan Nasional (BN) a new mandate to rule but with a smaller majority which goes to show that they are not happy with its handling of the affairs of the nation. The BN should take it not only as a lesson but a challenge to review, revamp and strive to improve its services to the people and actively address the numerous problems that plague the nation.

The appointment of Zaid as the new Law Minister may be one of the many positive measures taken by the government to heal the ailing judiciary but there are many more that need to be addressed with great urgency.These include corruption,high cost of living, ethnic polarizations, high crime rate and the ‘little Napoleons’, just to name a few.

It is sad that after more than 2 weeks since the elections there is so much in-fighting and power struggle within the ruling party.It is time for the Prime Minister and his new cabinet to seek ways to get over with their political bickering amicably without further delay and get down working seriously to address the problems facing the nation.

Dr.ChrisAnthony

Opposition should not accept political defectors

Anti-hopping law timely

Since PKR de facto leader Datuk Seri Anwar Ibrahim announced that his party welcomed any Barisan assemblyman or Members of Parliament (MP) wishing to cross over, there has been considerable interest on this issue of defection of MPs and assemblymen from their parties.MPs and assemblymen crossing over to new parties, although unhealthy, is nothing new in Malaysia politics. It has been practiced before, by the previous BN government, and as been accepted as normal. Very often the ruling party gains from these defections and we rarely see MPs crossing over from the ruling party to the opposition for obvious reasons.

The Barisan Nasional (BN), in particular Umno, appears to be deeply troubled by the talk of their MPs crossing over to the opposition. This has prompted its newly appointed Secretary General, Datuk Seri Tengku Adnan Tengku Mansor,to order a probe into these claims of defections. Umno Youth chief Datuk Seri Hishammuddin Tun Hussein describes this act of defection as shameful and the Prime Minister himself calls it morally wrong.

You call party-hopping whatever you want, cheating, disloyal, betrayal, treacherous or immoral, but it has been a normal practice employed by those in power to continue remaining so.

In Malaysia MPs and state assemblymen are elected based mainly on the party to which they belong and less so on their individual qualities and merits. Crossing over to another party after being elected under one is definitely not right and is morally wrong. It amounts to betraying the voters who have elected them? It only goes to show a lack of integrity and credibility on the part of the defector. Of greater wrong is buying-over of defectors from other parties. Such money politics is an act of corruption that must be condemned

To protect the electorate from unscrupulous party-hoppers, it is timely to introduce laws to declare a seat vacant and call fresh elections once its MP or state assemblyman crosses over to another political party. This would not only help check defections but also put pressure on the party leadership to be more stringent in the selection of their candidates for the election. It will ensure that only those with a deep sense of loyalty, integrity and credibility would be selected thereby the people would be the ultimate gainers from such an anti-hopping legislation.

MPs and state assemblymen are lawmakers who represent the people’s interests in the highest legislative body, Parliament. Their deliberations and debate on policies to be formulated will decide the present and shape future of nation and its citizens. It is therefore of paramount importance that only those with high integrity and credibility are selected to be parliamentarians. The interests of the voters supercede the personal rights and freedom of the elected representatives.

Crossing over of lawmakers to other political parties and buying-over of such legislators after being elected are not only morally wrong but is a form of corruption that we should not condone for any reason whatsoever. How can we entrust the nation to these party-hoppers who so easily succumb to such temptations for their own interests.

The people have boldly transcended racial divide to give the Opposition the unprecedented victory in the recent elections. They should treasure this unity among the people and quickly start working to fulfill their pledges. The main reason for their success is the multi-racial platform they adopted, pledging to dismantle racial politics that is threatening to tear the nation apart. They must be very selective in allowing those from other parties to be admitted to their fold. Only those who genuinely treasure the multi-racial approach and share the ideology of the opposition coalition should be allowed in not any defector from opponent parties, whose motives are questionable.

The Opposition may not have the mandate to form the government this time but they have succeeded in denying the ruling party a 2/3 majority which is already a great acheivement.They should strive to win over the people by their commitment to serve them better that the previous government. If they can do that there is no reason why they should not succeed in obtaining enough support to form the government the next time around.

Being obsessed with gaining power through the backdoor by buying over elected representatives from other parties will only erode the trust and confidence of the of the people in the Opposition coalition, which is already under severe stress in forming the state governments. They detested such practices by the previous government before and it would be foolish of them to resort to that now when they are in a position of advantage. There are no short cuts to winning the hearts of the people other than hard work, dedication and sincerity.

Dr.Chris Anthony

Accept people's verdict and move foward

NEP is not an issue anymore and should not be exploited for political mileage.The recent election has shown that the people are more mature to be exploited by racial sentiments.The PKR-DAP-PAS coalition has a better plan for all in the form of Malaysian Economic Agenda (MEA) and it should be given a chance to prove its benefits.

The people have spoken loud and clear through the ballot box.All parties in particular Umno should take the people's verdict in a sporting spirit and not continue to vent their anger against the rakyat.Its time to stop bickering and move forward to build our nation.

Umno and the BN have more important issues to address to remain relevant.Umno, as the predominant partner in the BN, should should start taking remedial measures to win the hearts of the people of all races before the next elections.Street demonstration is definitely not our culture and they should not make it one now when they are in an unfavorable position.

NEP: PKR Youth backs Guan Eng

Malaysiakini Mar 18, 08 5:36pm

PKR Youth today defended the new Penang coalition government’s decision to steer away from the New Economic Policy (NEP) and slammed Umno Penang for exploiting the issue for political mileage.

In a statement today, the movement’s spokesperson Hasmuzair Hassan said Umno Penang leaders who raised the issue had caused confusion between the NEP and Malay rights that are enshrined in the Article 153 of the Federal Constitution.

He said Penang Umno’s objections were an attempt to raise racial tensions and show that they still had their support despite Barisan Nasional losing the state government to the DAP-PKR coalition.

"Our position is that it is not wrong for the new Penang government to not implement the NEP because it is not enshrined in the Federal Constitution. It is just a policy by Umno that has been absorbed into government administration," said Hasmuzair.

Newly-minted Penang chief minister Lim Guan Eng had reportedly said that state administration would be "free" of NEP practices beginning with a open-tender system for government deals.

This had triggered angry reactions from Umno Penang which resulted in a demonstration against Lim near his office on March 14.

MEA better than NEP

Elaborating, Hasmuzair said PKR Youth was of the opinion that the NEP was a construct of Umno that is similar to Prime Minister Abdullah Ahmad Badawi’s Islam Hadhari and former premier Dr Mahathir Mohamad’s Vision 2020.

"What makes NEP ‘special’ is that it is frequently used by Umno leaders to gain support from the Malays. It is only used when Umno feels that they have lost Malay support and for them and their cronies to obtain government tenders and deals.

"With the NEP as a model, Umno leaders and their cronies can obtain tenders and contracts even though they are not eligible or qualified," added Hasmuzair.

Hasmuzair said Umno had always claimed that the Malays would be left behind economically should the party not defend the NEP.

"But the biggest success the NEP had in 40 years is to enrich Umno leaders and their cronies while the original intention of the policy - to ensure 30 percent equity ownership among the Malays - were not achieved," he added.

He stressed that the movement believes that the PKR’s Malaysian Economic Agenda was a better alternative to the NEP as it plays a better role in poverty eradication.

Hasmuzair said that the MEA would also ensure that the rights of the Malays and the position of Islam would be retained as laid out in the Federal Constitution.

Civil servants and the government of the day

Civil servants must be non-partisan

One of the biggest drawbacks of a powerful regime that is allowed to rule for a long time is that it subdues the civil service and the judiciary. This was clearly seen in Malaysia where the BN government had taken things for granted because the civil service was always submissive to it, even when it was wrong.

Law professor Abdul Aziz Bari of International Islamic University Malaysia,rightly pointed out that the civil servants be mindful of the law and not just to follow the order from the political masters. It is the duty of the civil servants to advise the politicians as to the law and procedure.

The recent change of governments in a number of states should be a reminder that governments come and go but the civil service stays. Civil servants are the servants of the public and not their political masters.

We hope the changes brought about by the recent elections would be a new dawn for the nation in the direction of a true democracy. We hope the system in place now will change the mindset of the people to accept change for the better – professional and non-partisan civil service, police and judiciary. Only these will be able to check corruption and blatant abuse of power.

Dr.Chris Anthony

Don: 'Illegal deals' not binding on new state govts

Malaysiakini,Mar 17, 08 11:11am

The new governments in Kedah, Perak, Penang and Selangor may not be bound by contracts and business deals made by the previous governments if they are found to be illegal.

While the general principle is that the new governments are bound by the commitments made by their predecessors, it is nevertheless subject to whether they are legal and valid in the first place, said law professor Abdul Aziz Bari of International Islamic University Malaysia.

He was responding to a recent controversy arising out of a business deal made by the administration led by former Selangor Menteri Besar Dr Mohd Khir Toyo.

It has emerged that the Selangor state government signed a deal with Puncak Niaga Holdings Bhd the day before the general election to operate and maintain a water treatment plant in Tanjung Karang.

Questions were raised as to how the state government could have signed the deal while being in a caretaker government .

Following this, State Secretary Ramli Mahmud cleared Khir by stating that it was him who had signed the deal, which was approved "a long time ago" under advice from the Energy, Water and Communications Ministry.

However Abdul Aziz said the fact that the deal by was signed by Ramli or had the approval of the ministry was not the issue here.

“That is not quite the issue for most of the deals are made, just like at the federal level, under the authority and permission of the government of the day,” he explained.

Contracts can be rescinded

Abdul Aziz said the legality of the deal hinged on the status of the state of government at the material time.

He argued that if the deal was made after the state assembly was dissolved then Khir did not have the power to authorise Ramli to sign the agreement on behalf of the state.

Abdul Aziz said this was because a caretaker government was there just to carry out the routines and not to make major decisions.

“Deals involving million of ringgits are certainly major, these are not routines administration,” he argued.

When asked as to what the new state governments should do now, Abdul Aziz said that if they were satisfied that the deals were illegal, they can just decline to honour the contracts and let the aggrieved companies bring them to court.

The constitutional law expert said that the issue of caretaker government was of extreme importance not only in relation to the issue of fairness of the election but also to the legality of business deals and other actions taken by the caretaker government.

Abdul Aziz said it was important for everybody in the government – right from the Yang di Pertuan Agong to the lowest rung of the public service to be aware of government status.

“It is important now that the civil servants know that they could not just carry out orders without checking their legality,” Abdul Aziz said.

He also said that the business community should be aware of the status and avoid making any deals before the elections were over and a new government was put in place.

Abdul Aziz admitted that this would create difficulties but it has to be raised so that the matter would be clarified once and for all.

It is also important, Aziz said, that from now on the spending made by the government was made with the full authority of the taxpayers.

“It is also important that the civil servants be mindful of the law and not just to follow the order from the political masters,” he added.

A precedent by the Federal Court

Abdul Aziz also noted that it was not the first time such irregularity took place in the Selangor.

He said in 1997, after the then menteri besar Muhammad Muhd Taib’s resignation after he was caught with a huge amount of cash in Australia, the state exco members continued their business as usual.

Abdul Aziz said that was wrong as the exco members took collective responsibility with their menteri besar and a new government should have been appointed in its place.

“Unfortunately nobody seemed to be aware of the position and I wonder what the state legal advisor was doing at that time,” he added.

Abdul Aziz said it was the duty of the civil servants to advise the politicians as to the law and procedure.

He however said that the law at present was pointing at a different direction as the Federal Court had ruled in 2001 that the caretaker government in 1969 was in a position to declare emergency proclamation.

“But I think the decision of the court under the leadership of former chief justice Ahmad Fairuz was wrong,” he opined.

Abdul Aziz said given the limitation imposed on a caretaker government, such could not be right.

He noted that under the emergency proclamation made by the 1969 declaration, various laws, including those imposing death penalty, were made.

Abdul Aziz said the present Federal Court has the power to depart from the decision handed by Ahmad Fairuz.

A MALAYSIAN ECONOMIC AGENDA

A MALAYSIAN ECONOMIC AGENDA

March 15, 2008

Petaling Jaya, Malaysia - KeADILan's Malaysian Economic Agenda is committed to the upliftment and betterment of the poor and marginalized Malays, Chinese and Indians, Ibans and Kadazans. We have always stated that under our leadership the interests of the Malays will be protected and we remain committed to building a new system that is more just, more equitable and that ensures no one is left behind irrespective of race or religion.

We plan to implement new mechanisms to channel economic aid to the vast numbers of petty traders and small businessmen in Malay communities and ensure that educational opportunities, microcredit financing schemes, social and welfare services and other forms of economic relief are made available to the Malays.

I believe all Malaysians including the Malays are pleased with the mandate that was given to KeADILan on March 8th and they look forward to a government that is more accountable, fights corruption and delivers on its promises to promote economic growth and reduce poverty in all segments of society.

I am therefore deeply concerned with the attempt being made by certain elements to stoke the flames of racial hatred in the aftermath of the March 8th Malaysian elections. We have reason to believe that this vicious campaign is being orchestrated by a small number of very wealthy Malays and UMNO leaders who are themselves guilty of squandering and abusing the NEP to enrich themselves and their cronies at the expense of the general public. These people are now using the UMNO and government controlled media to incite fears among the Malays and deflect attention away from their electoral defeat and from UMNO's historic failures to address the needs of all Malaysians including the poor and marginalised Malays.

I ask my fellow Malaysians to reject the desperate attempts by some UMNO members to salvage the remnants of a broken party by pandering to people's fears and sowing divisions and disunity among the people of our nation.

We must remain united in support of a New Dawn for Malaysia.

ANWAR IBRAHIM

Agenda Ekonomi Malaysia

Agenda Ekonomi Malaysia oleh KeADILan adalah komited untuk memperbaiki dan menaiktaraf golongan miskin dan terpinggir samada Melayu, Cina, India, Iban, Kadazan dan lain-lainnya. Kami sentiasa menegaskan bahawa di bawah kepimpinan kami, kepentingan orang Melayu akan dipelihara dan kami kekal komited untuk membina sebuah sistem baru yang lebih adil, lebih saksama dan berperanan untuk memastikan tidak ada seorang pun yang ketinggalan di belakang tanpa mengira apa agama dan bangsa mereka.

Kami merancang untuk melaksanakan mekanisme-mekanisme baru untuk menyalurkan bantuan ekonomi kepada sejumlah besar peniaga-peniaga kecil dalam komuniti Melayu dan memastikan peluang pendidikan, skim kewangan mikro kredit, perkhidmatan sosial dan kebajikan serta pelbagai lagi bentuk bantuan ekonomi terbuka untuk masyarakat Melayu.

Saya percaya bahawa semua rakyat Malaysia termasuklah golongan Melayu mengalu-alukan mandat yang diperolehi KeADILan pada 8 Mac lepas dan mereka memandang ke hadapan untuk membentuk sebuah kerajaan yang lebih berakauntabiliti, memerangi rasuah dan melaksanakan janji-janji untuk memacu pertumbuhan ekonomi dan membasmi kemiskinan di dalam pelbagai sektor masyarakat.

Justeru saya turut terkesan dengan pelbagai usaha yang dilakukan oleh segelintir pihak untuk mengapi-apikan sentimen perkauman selepas Pilihanraya Umum 8 Mac yang lepas. Kami mempunyai sebab untuk mempercayai bahawa kempen ganas ini dipeloporti segelinti Melayu korporat dan pimpinan Umno yang bersalah kerana menyalahguna dan menyelewengkan Dasar Ekonomi Baru (DEB) untuk memperkayakan kelompok dan kroni mereka menggunakan wang yang sepatutnya disalurkan kepada rakyat.

Hubaya-hubaya ini mempergunakan Umno dan media kawala kerajaan untuk menyemarakkan rasa takut di kalangan masyarakat Melayu dan mengalihkan tumpuan daripada kekalahan mereka dan kegagalan terbesar Umno dalan sejarah, kepada memberi tumpuan dan fokus kepada keperluan seluruh rakyat Malaysia termasuklah Melayu miskin dan tertindas.

Saya menyeru kepada seluruh rakan warga Malaysia untuk menolak usaha desperado tajaan pimpinan dan ahli Umno untuk menyelamatkan harapan rakyat daripada dimanipulasi sebuah parti yang rosak yang menyemarakkan ketakutan rakyat dan berusaha memecahbelahkan rakyat negara ini.

Kita mesti kekal bersatu untuk menjunjung Harapan Baru buat Malaysia

ANWAR IBRAHIM

Ku Li's comments hurts non-Malays

We are very fortunate Ku Li is not the Prime Minister now.His statements have deeply hurt the feelings of the non-Malays who are also loyal and patriotic citizens of this country.He speaks as though the non-Malays are aliens and have no right to participate in the governing of the country.

Haven't the non-Malays contributed to the development of the nation?Can the nation be what it is today if not for the non-Malays?Ku Li has some soul searching to do.He must sincerely search his conscience to obtain genuine answers to these questions.

It is sad that a man of his age, experience and stature lacks the wisdom as a senior statesman.Why does he need to resort to a racist platform at the age of 70,when he should be playing the role of an elderly statesman,unifying the races?

Umno and the BN lost not because the Opposition are angels but the the former have become arrogant,racist and have lost the feeling for the poor and downtrodden citizens of all
races, including the Malays.

Ku Li , as we read your statements,our hearts ached and tears swell in our eyes.It causes so much pain to hear such words from a veteran leader like you,whom we had so much respect. All our sacrifices and contributions to the nation means nothing to you and your Umno.

Pak Lah may be weak but a real gem of a man when compared to many.Despite heavy losses,which he accepted gracefully,saying "winning and losing is what democracy is all about", he has not reacted with anger against anyone.

He may be under tremendous pressure these days, but he has not used the racial card which used to be the easiest weapon for Umno.He still says he is the Prime Minister for all races and would ensure that no one community is left behind.We salute him and pray that God will deliver him from the predicament he is in now.

Dr.Chris Anthony





Ku Li wants Umno to call EGM

Malaysiakini,Mar 16, 08 4:10pm


Umno veteran Tengku Razaleigh Hamzah has written a letter to all 193 Umno division leaders urging them to call an extraordinary general meeting on May 11 in the wake of the party's unprecedented electoral setback.

In a two-page letter dated March 12, Razaleigh asked the Umno leaders to invoke the party constitution to demand an EGM to discuss the results of the March 8 election, which saw the ruling Barisan Nasional coalition losing five key states.

Razaleigh said his suggestion for May 11 for the special party meeting was because it was the day Umno was founded in 1946.

The 70-year-old former finance minister who made a failed challenge against Prime Minister Abdullah Abdullah Badawi for Umno president in 2004, painted a dire picture for the ruling party.

"In the first general election in 1955, Umno controlled two-thirds of the seats in Parliament. Today, we are a minority voice in Parliament. At the federal level, Umno is no longer a strong political power. I nearly shed tears thinking about this scenario.

Razaleigh, who is the head of Umno Gua Musang division in Kelantan, said that in 2004, the party had 107 out of 219 parliament seats. Now however, the party controls 78 out of 222 seats.

'Umno will not rule again'

"Worse still, at the 12^th general election, BN lost four states - Penang, the home state of our own party president (which has fallen into the hands of Chinese-based DAP), Kedah (which has fallen to PAS), Perak (which has fallen to DAP despite that the mentri besar is from PAS), and Selangor (which will be dominated by non-Malay DAP and non-Malays from PKR despite that the mentri besar is a Malay," he wrote appealing to fears of Umno leaders losing political control to the country's non-Malay minorities.

Razaleigh added that the party rank-and-file should not "point fingers at anyone" and absolve themselves for the debacle. According to him, the party should have not allowed the top leadership to make such a mistake.

"This is our collective responsibility, the responsibility of all Umno members and leaders from the branch and division levels to the Umno supreme council, this is not just the responsibility of a few top leaders only."

The EGM, he said, should examine the disastrous electoral performance of BN.

"We must find out why Chinese and Indian voters rejected MCA and MIC candidates. Why were incumbent Umno candidates defeated by PKR and PAS candidates? Otherwise at the next election, if we don't change our policies, culture and morale in BN and Umno - and change radically - BN and Umno will not rule again," he wrote in the letter.

"PKR-DAP-PAS will form the federal government, the PM may be from PKR and the DPM may be from the DAP. And should BN still remain intact, it would become an opposition party which is weak and disunited. Umno will not be able to represent the voice of Malays again."

Oppostion coalition must be sincere

It is timely for DAP and PAS to seriously consider adopting the Malaysian Economic Agenda(MEA) mooted by PKR.Anwar is right,there should only be one group that should be the target of MEA - the poor among all races.Poverty transcend racial and religious lines and it must be also tackled likewise.

It may take time and face fierce opposition from those who abuse the NEP for own gains.But if there is sincerity on the part of the government these obstacles can be overcome in the near future.

The government of PKR,DAP and PAS must be sincere in wanting to rise above race and religion in their struggle to eradicate poverty.It they can convince the people of their sincerity to help all,then the path to implement the MEA should be smooth and hassle -free.

Dr.Chris Anthony




PKR: No to NEP, Yes to MEA

Malaysiakini ,Mar 15, 08 8:12pm

PKR today reiterated that it wants to scrap the New Economic Policy (NEP) which the party views as a policy designed to enrich Umno and its affiliates instead of eradicating poverty.
PKR deputy-president Dr Syed Husin Ali said the party intends to replace NEP with a new policy dubbed the Malaysian Economic Agenda mooted by party de facto leader Anwar Ibrahim.

"(NEP) has been abused by a handful of leaders and cronies in Umno and Barisan Nasional to rob the country of its wealth to enrich themselves in the name of Malays as a whole.

"It has led to discriminatory practices that are against the spirit of justice and fairness for all Malaysians, particularly the poor, marginalised and disadvantaged groups of all races," said Syed Husin in a statement today.

Syed Husin said Anwar had already outlined the MEA clearly in his many articles, public lectures as well as the party’s election statement.

Anwar has been drawing flak from Umno over Malay rights ever since opposition parties PAS, PKR and DAP made heavy inroads in peninsula Malaysia resulting in BN losing control of four states and failing to wrest Kelantan.

He has also been the target of criticism over new Penang Chief Minister Lim Guan Eng’s claim that Penang would be free of NEP practices.

Combat corruption, cronyism

Syed Husin said Umno and BN now use the state-controlled media to accuse PKR of having no stand on the NEP and ways of reducing poverty among the Malays.

"We wish to emphasise that a policy of positive discrimination in favour of all Malaysians who are poor, marginalised and disadvantaged will benefit the Malay rakyat more, because they are the majority of poor people," he added.

To do this, Syed Husin stressed that the MEA aspires to:

1) Institute and implement fair, just and equitable redistribution of wealth
2) Combat corruption, cronyism and nepotism
3) Needs-based positive discrimination towards the poor
4) Channel national wealth into better education, healthcare and housing
5) Improving economic competitiveness