Tuesday 31 July 2007

UMNO Has a History of Belittling the Malay Rulers

From Malaysia-Today: Read here full article by Raja Petra Kamarudin

  • Read here (in Bahasa) related article in "Jebat" Blog, and here and here and here
  • Excerpts: Read HERE for more

    Yes, UMNO really dragged the Rulers into the mud and smeared ‘shit’ on their faces, resulting until today, where many Malaysians NO longer have any respect for the Rulers.

    This is NO fault of the rakyat of course.

    In the effort to run down the Rulers, the UMNO-controlled Mainstream Media made sure that Malaysians received full reports about the transgressions and crimes of the Rulers.

    Most Malaysians know about the Constitutional Crisis of the 1980s. But they know only what they have been told by the Government-controlled mainstream media. School textbooks do not reveal much of what actually happened.

    We have heard and read in the mainstream newspapers about the cause of the two crises twenty years or so ago. We read about a certain Ruler hitting a caddy with his golf club and about a certain hockey coach getting slapped, and so on and so forth. This is what the newspapers and TV stations revealed 20 years ago during a special campaign to bring down the image of the Rulers.

    Of course, NOT all were true. Some stories were planted to try to create an impression that Malaysia has amongst the worst Rulers in this whole wide world.

  • For example, they spun the story that Rumah Kedah at Northram Road in Penang was the Sultan of Kedah’s lavish bungalow by the sea built at great expense using the taxpayers’ money.

    Actually, it was a very old and rundown house built before WWII that belongs to the state and which any Kedah State Government officer can use whenever he or she has to travel to Penang on business.

  • Then, they showed shots on TV of the Sultan of Selangor’s so-called bungalow on a hill overlooking the sea on the other side of Penang Island facing the Indian Ocean.

    It was actually the home of a Chinese businessman and had nothing at all to do with the Sultan who was then still just the Raja Muda of Selangor. But the Raja Muda was not able to set the record straight as Rulers are ‘barred’ from making public statements -- though the public is allowed to whack them in the newspapers and on TV.
  • What many Malaysians do not know until today is that much of these so-called ‘revelations’ such as the Sultan of Kedah’s and Sultan of Selangor’s lavish bungalows in Penang did NOT exist and were mere figments of UMNO’s imagination.

    1. Why did UMNO go to war with the Rulers?

    2. Why was UMNO so bent on attacking the Rulers and turn Malaysians against the Rulers until they became subjects of ridicule?
    The Constitutional Crisis peaked in 1991 when Berita Harian of 10 November carried this statement from Gaffar Baba, which basically said the Rulers can be challenged (which means it is NOT seditious to challenge the Rulers).

    “Kalau rakyat yakin dan tahu apa yang diperkatakan, mereka wajar berbuat demikian tanpa rasa bimbang dan takut.

    Apa yang dilarang Perlembagaan (under the Sedition Act) ialah jika seorang cuba menghapuskan Sistem Raja Berperlembagaan yang di amalkan di negara ini.”

    That same day, Zainal Abidin Sakom tabled a four-point Resolution in the Umno General Assembly on behalf of Umno Selangor that said as follows:

    1. Menubuhkan satu jawatankuasa untuk menyiasat dan menyenaraikan semua harta, tanah dan projek yang telah diluluskan kepada Raja secara langsung atau melalui ‘Kapitan China’.

    2. Meminta Presiden UMNO supaya bertindak tegas atau memecat mana-mana ahli Exco atau wakil rakyat yang hipokrit dan bermuka-muka - yang terlibat menghasut Raja-Raja untuk kepentingan diri sendiri.

    3. Meminda perlembagaan 1957 (Merdeka Constitution) supaya kuasa mutlak melantik Menteri Besar, ahli mesyuarat kerajaan negeri (EXCO), setiausaha kerajaan , penasihat undang-undang dan pegawai kewangan negeri adalah bidang kuasa pucuk pimpinan parti yang memerintah.

    4. Supaya Perhimpunan Agung UMNO memberi mandat penuh kepada Dato Seri Dr Mahathir dalam menghadapi dan mengatasi isu Raja ini secara umumnya sama ada menerusi pindaan pelembagaan dan segala langkah yang perlu.
    UMNO will stop at NOTHING to ensure that its authority is not challenged. The Rulers found this out the HARD way 20 years ago.

    Until today, the Rulers are still licking their wounds inflicted in the 1980s Constitutional Crisis.

    In ensuring that it is the absolute and unchallengeable power in Malaysia, UMNO destroyed the image and reputation of the Malay Rulers.

    Tengku Razaleigh Hamzah spoke out AGAINST this move back in the late 1980s. Ku Li felt that by destroying the dignity of the Rulers, UMNO would be destroying the dignity of the institution of the Monarchy itself. This is to cut the nose to spite the face or, as the Malays would say, "marah nyamuk, bakar kelambu. "

    The Malays talk about "Ketuanan Melayu" and "Kedaulatan." This exists only because the Malays have their Raja-Raja Melayu. If UMNO were to undermine the Rulers, then everything else that comes with the institution of the Monarchy would be undermined alongside it.

    But they would NOT listen to Ku Li. Ku Li is opposition and anything opposition cannot be accepted even if true.

    Today, when people speak ill of the Rulers, the Malays would get upset, especially if it is the non-Malays who ‘insult’ the Rulers. But it is NO fault of the non-Malays.

    The non-Malays were taught by the UMNO Malays that the Rulers can and should be insulted.

    The Role of the Ex-Mentri Besar of Selangor and UMNO Youth in the Crisis

    It was partly because of the action of the then Menteri Besar of Selangor, the present UMNO Information Chief with two Muhamads in his name.

    Most Malaysians also know about the horny reputation of the ex-Selangor Menteri Besar with two Muhamads in his name.

    But they do not know about the behind-the-scenes clash between His Hornyness and His Highness regarding the secret marriage of the Sultan’s daughter and the denial that followed it.

    All these letters plus the newspaper coverage of the issue can be seen below, in case Umno would like to, again, say that Malaysia Today is lying and therefore Raja Petra Kamarudin should be detained under the Internal Security Act because he is a threat to national security.

    You see, this ex-Selangor Menteri Besar with two Muhamads in his name had secretly married the Sultan of Selangor’s daughter on 17 July 1987.

    The marriage was solemnised in Thailand, which is against the law. (See the copy of the Thai marriage certificate below).

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    The Sultan soon found out and asked this ex-Selangor Menteri Besar with two Muhamads in his name whether it is true that the latter had married the former’s daughter.

    The ex-Selangor Menteri Besar with two Muhamads in his name of course denied in and on 11 February 1988 he sent the Sultan a letter saying that he regrets the ‘rumours’ being circulated about him marrying the Sultan’s daughter.
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    Nevertheless, the Sultan of Selangor eventually found out that the ex-Selangor Menteri Besar with two Muhamads in his name had in fact married his daughter and that he had lied about it.

    On 30 August 1989, the ex-Selangor Menteri Besar with two Muhamads in his name sent the Sultan another letter expressing regret, appealing for forgiveness, and blaming God (Allah) for the whole thing.
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    The Sultan felt slighted (murkah).

    His Chief Minister had secretly and illegally married his daughter in another country, had lied about it, and had the gall to send him a letter saying that they are malicious rumours.

    The ex-Menteri Besar with two Muhamads in his name then went running to UMNO Youth with his tail between his legs.

    His father-in-law was now very angry with him and he knew his goose is cooked unless he can take on the Sultan.

    Anti-Sultan Protest by UMNO Youth

    Umno Youth then organised an anti-Sultan protest.

    The Rulers were warned that their days are numbered and the Monarchy may have to be abolished if the Rulers challenged UMNO.

    This further made the Sultan angry. UMNO was now openly challenging the Monarchy and threatening its very existence.

    The following year, the Sultan rejected the birthday awards list prepared by the ex-Selangor Menteri Besar with two Muhamads in his name.

    The Sultan said he would prepare his own list and NOT use the UMNO list.

    This again sent the ex-Selangor Menteri Besar with two Muhamads in his name running, but this time to Deputy Prime Minister Gaffar Baba.

    Gaffar (Baba) then made a statement which was carried on all the front pages of the newspapers that UMNO and NOT the Rulers decide who gets birthday awards. The job of the Rulers is just to dish them out to people whom UMNO decides should get these awards.

    The Sultan retaliated by cancelling the birthday celebrations and asked instead that the money saved be donated to orphans as well as the poor.

    That year no one received any Selangor Datukships, which of course one has to pay Umno for before one can get it.

    Fast Forward to 2007

    Just like during his clash with the Sultan of Selangor 20 years ago, this same ex-Selangor Menteri Besar with two Muhamads in his name is again using UMNO Youth.

    The ex-Selangor Menteri Besar with two Muhamads in his name has publicly declared that he is prepared to die for the Sultans. He is prepared even if his body is blown up with C4 into millions of pieces.

    I almost cried when I read what he declared. It nearly moved me to tears.

    Finally, the ex-Menteri Besar with two Muhamads in his name is brave enough to die for his Sultan when 20 years ago he did not even dare admit he had run away with the Sultan’s daughter to marry her illegally in Thailand.

    Maybe there is still hope yet for Umno. Or is this, as usual, nothing but a load of hogwash by those who walk in the corridors of power?

    Now, this same ex-Selangor Menteri Besar with two Muhamads in his name wants to cite me for sedition. But this time he wants to try to get me under the Internal Security Act.

    So be it. I am ready.

    Malaysia Today reveals much of what happens in the corridors of power. Malaysia Today reveals the untold story.

    And this makes UMNO uneasy. So Malaysia Today must be silenced.

    And if legally Malaysia Today cannot be silenced because it is a foreign-based website, then the Editor has to be put away in a place he can no longer write articles and reports for Malaysia Today.

    THE EVIDENCE

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    Here is Why Jeff Ooi of Screenshots Decides to Engage in ACTIVE POLITICS

    Jeff Ooi has started a new blog called "JEFF-4-MALAYSIA". Click here

    Read below the Press Statement WHY Jeff Ooi is now in active politics and why DAP.

    It’s a long and meandering road. Here’s why.

    Press Statement by Jeff Ooi
    Petaling Jaya
    July 31, 2007

    "Beratnya mata memandang. Berat lagi bahu memikul. "

    TODAY, on the eve of the month we celebrate the 50th Anniversary of Merdeka, I am making a political stand by joining the Democratic Action Party (DAP).

    Looking back at our last 50 years as an independent country, if Malaysia had been a great nation, we should make it greater in the next fifty.

    As a Malaysian, as a parent for a school-going child, and as an advocate of New Media who blogs, monitors, and analyses the trends in digital governance and global competitiveness, I have grave concerns for Malaysia.

    It is my wish, in the years to come, to participate in the legislative process of Parliamentary Democracy in Malaysia, to share my ideas and to collectively contribute towards making Malaysia a greater country. I hope you, too, will join our clarion call for MALAYSIAN FIRST through DAP.

    THINK “MALAYSIAN FIRST”. Counting on the audacity of hope, Malaysia will be a greater nation if only all of us can come together — irrespective of race, religions and cultures – and share a common will to forge forward globally. We are Malaysians. In things we do, we should place MALAYSIAN FIRST as the top priority.

    FOSTER REAL RACIAL INTEGRATION. However, this is not the case for us. The major portion of our first 50 years of nation building, and more so since 2004, has been discoloured with perpetual race-based politics. The term Bangsa Malaysia is but a rhetoric that is overly verbalized, but seldom practiced. We should break down the devil of race-based politics from this Merdeka.

    GIVE US GOOD GOVERNANCE. The 2004 Barisan Nasional Election Manifesto had failed to address corruption and tainted governance as there are no Big Fish being caught; it had also failed to redeem the damaged reputation of the Police as there is no IPCMC. We are also faced with judicial verdicts which were questioned by the legal fraternity, at best, for being religiously divisive, and at worse, for going against the Federal Constitution.

    WAKE UP TO KNOWLEDGE-BASED ECONOMY. Emphatically, in the last four years, the nation has regressed into the pre-Internet Dark Age where repressive tactics and draconian laws, such as the ISA and the OSA, had been arbitrarily used to intimidate proponents of dissenting –- but not necessarily unworthy – views expressed online and via the traditional media. It’s a state of fear, and it curtails people’s rights to foster collective intelligence which is recognized worldwide as the bedrock for a Knowledge-based Economy.

    OVERHAUL EDUCATION SYSTEM. The education system, together with the ill practice of talent segregation mooted by imposed discrimination rather than meritocracy, could not help us produce competent human capital that can meet global benchmark relative to the advanced countries. We need a total overhaul of the system, reform the salary structure of the teaching and academic staff, and introduce syllabi that cater for the competitive needs of a globalised economy. We need to nurture professionally-skilled human capital that connects to the outside world, not jaguh kampung.

    UPHOLDING DEMOCRACY. Malaysia as a Parliamentary Democracy, Constitutional Monarchy and constitutionally-enshrined Secular State has but eroded over the years. The separation of power that enables the Legislative, the Executive and the Judiciary — the three pillars of government and governance — to operate independently is being compromised. The Executive can now nominate candidates to sit on the Bench. This is the recipe for chaos that we should avoid at all costs.

    EQUITABLE DISTRIBUTION OF NATIONAL WEALTH. More importantly, national wealth including those generated through Petronas has not been equitably distributed to benefit the rakyat — comprising the bumiputras and bona fide citizens — while cronies and parties close to Umno skimmed it for their own benefits. Before the oil wells dry up, it’s time we take steps to ensure the rakyat, the actual stake-holders of this country, become the beneficiaries of our national wealth. We have been hopelessly drowned in an infrastructural-development economic model that overly relies on unskilled foreign labour force. This should stop.

    ENRICH THE JOE PUBLIC. The worst financially-hit among the citizenry are the unskilled labour, average wage-earners and low ranking public servants serving in urban centres besieged by escalating cost of living. They are the direct victims of long-term rent-seekers who chipped away their earnings through highway tolls. We owe them an improved quality of life while we allow the AP Kings to take helicopter rides from golf-course to golf-course.

    That’s primarily the reasons I have decided to offer my services to DAP, to help them and fellow Opposition Parties to right the wrongs of Barisan Nasional. It’s a tough struggle for all of us as we face the might of Barisan’s 3M – Money, Machinery and mainstream Media.

    That’s what jolted me whenever I recall the Malay saying, “
    Beratnya mata memandang, berat lagi bahu memikul”.

    Don’t give up my fellow Malaysians. Let’s bring in new talents and new ideas to run this country.

    You may be disappointed if you fail. But you are doomed if you don’t try.

    That’s how we should observe this 50th MERDEKA. Hidup Malaysia!

    If you share the same feelings for Malaysia, as always, please WALK WITH US!
    -Jeff Ooi

    Monday 30 July 2007

    Must Read Article: UMNO is Seditious and Have Not Been Made Accountable To This Day

    Read here in Malaysia-Today

    Read here related article in Malaysiakini

    UPDATE: 30th July:

    'Seditious' posting: Police report lodged against PM:
    From Malaysiakini: Read here
    "... A police report was lodged today against Prime Minister Abdullah Ahmad Badawi for seditious comments posted on HIS official website.

    The report was lodged by DAP central executive committee member Ronnie Liu with the Damansara Utama police station. According to the report, an article titled 'Bersatulah Kaum Cina' (The Chinese race must unite) containing racially inflammatory comments was posted on the website in November 2005.

    The article, under the pseudonym of Dr Ng Seng, claimed that the Chinese are conspiring to weaken the Malays politically and economically. Written in Bahasa Malaysia, the article also claimed that the 1969 racial riots was a failed attempt by the Chinese to take over the country.

    The article was posted in the condolence section that was created following the passing of Abdullah’s first wife, Endon Mahmood in October 2005.

    The article, which was posted on Nov 14 last year, was removed from
    the PM's official website TODAY.

    (Note: Although it was removed, the article on the website is captured on Google cache. Click
    here to view the article on the PM's website) . [Read here for more on "SOB Nation" Blog]

    --- end of update ---

    Excerpts: Read here for more on Raja Petra's article

    Hey Umno! Yes, you, Umno! You, who accuse me of being seditious and who should be detained under the ISA.

    I, Raja Petra Bin Raja Kamarudin, is not only accusing you of being seditious, I am also accusing you, Umno, of being the cause of an unknown number of deaths suffered in the 13 May 1969 race riots.

    And I make this allegation with God as my witness and the testimony of the First Prime Minister of Malaya/Malaysia, Tunku Abdul Rahman, Bapa Merdeka, who went to his grave an extremely sad man and who grievingly said he wished he had died and never lived to see the day that Malaysians would murder Malaysians.

    If anyone is seditious it is Umno and until today those propagating a blood-bath have not been made accountable for their actions.

    • Was it not Najib, that ex-Selangor Menteri Besar with two Muhamads in his name, and all those others calling for my detention under the ISA who raised their keris above their heads at the TPCA padang in 1987 and threatened to bathe it in Chinese blood?

    • Was it not Umno in November 1999 during the ceremony to launch Barisan Nasional’s election machinery in the Bukit Jalil Stadium that warned the Chinese if Barisan Nasional was to lose its two-thirds majority in the 29 November general election, just like on 11 May 1969, then another May 13 may erupt?
    Yes, who in heaven’s name is seditious?

    Is it I or Umno?

    I am alleged to have raised racial tension by allowing comments in Malaysia Today’s blogs that may rub some races the wrong way.

    Me?

    Me who has Malay, English, Welsh, Indian, Chinese, Thai, Filipino, etc., relatives who are Muslims, Catholics, Protestants, Jews, Hindus, Buddhists, Taoists, atheists, etc?

    Hey, if there was a medal for being the most ‘global’ family I would be he who is most eligible to receive it. My family is almost like a mini-United Nations.

    And I have not even started dissecting the ‘Malay’ side of my family into sub-groups such as Bugis, Javanese, Minangkabau, etc. (Read here the royal lineage of the descendants of Upu Tendriburang Daeng RILAGA)

    May 13 1969 Race Riots: In the Words of Tunku Abdul Rahman, First Prime Minister of Malaysia

    From Malaysia-Today: Read here

    The May 13 incident as personally related by Tunku Abdul Rahman, the First Prime Minister of Malaya/Malaysia and Bapa Merdeka

    At his residence in Penang, 1972 :

    “It was clear to me as well as the police that in the highly charged political atmosphere after the police were forced to kill a Chinese political party worker on May 4th, 1969, something was bound to happen to threaten law and order because of the resentment towards the Government by the KL Chinese on the eve of the general election.

    This was confirmed at this man’s funeral on the 9th May when the government faced the most hostile crowd it had ever seen.

    Therefore, when the opposition parties applied for a police permit for a procession to celebrate their success in the results of the general election, I was adamant AGAINST it because the police were convinced that this would lead to trouble. I informed Tun Razak about this and he seemed to agree.

    Now, WITHOUT my knowledge and actually “behind my back”, there were certain political leaders in high positions who were working to force me to step down as a PM.

    I don’t want to go into details but if they had come to me and said so I would gladly have retired gracefully.

    Unfortunately, they were apparently scheming and trying to decide on the best way to force me to resign. The occasion came when the question of the police permit was to be approved.

    Tun Razak and Harun Idris, the MB of the state of Selangor, now felt that permission should be given knowing fully well that there was a likelihood of trouble. I suppose they felt that when this happened they could then demand my resignation.

    To this day I find it very hard to believe that Razak, whom I had known for so many years, would agree to work AGAINST me in this way.

    Actually, he was in my house as I was preparing to return to Kedah and I overhead him speaking to Harun over the phone saying that he would be willing to approve the permit when I left. I really could not believe what I was hearing and preferred to think it was about some other permit. In any case, as the Deputy Prime Minister in my absence from KL, he would be the Action PM and would override my objection. Accordingly, when I was in my home in Kedah, I heard over the radio that the permit had been approved.

    It seems as though the EXPECTED trouble was ANTICIPATED and PLANNED FOR by Harun and his UMNO Youth.

    After the humiliating insults hurled by the non-Malays, especially the Chinese, and after the seeming loss of Malay political power to them, they were clearly ready for some retaliatory action.

    After meeting in large numbers at Harun’s official residence in Jalan Raja Muda near Kampong Bahru and hearing inflammatory speeches by Harun and other leaders, they prepared themselves by tying ribbon strips on their foreheads and set out to kill Chinese.

    The first hapless victims were two of them in a van opposite Harun’s house who were innocently watching the large gathering. Little did they know that they would be killed on the spot.

    The rest is history.

    I am sorry but I must end this discussion now because it really pains me as the Father of Merdeka to have to relive those terrible moments.

    I have often wondered why God made me live long enough to have witnessed my beloved Malays and Chinese citizens killing each other.

    From The Sun: Read here letter to Editor

    Learning the truth about May 13

    Thank you for your feature on the 1969 riots. This was the first informative article about the event that I have read in my 24 years of life. Never before have I encountered such a revealing account of that episode.

    I didn't get it in primary school, neither in secondary school, nor in university either. And all this while I have studied locally. I think somebody somewhere thought that by not exposing young Malaysians to this chapter of the nation's past, we would be better off.

    But they should realise that history has a tendency to repeat itself.

    Thank you for printing the truth. Now we all know what really happened and can learn to avoid it.

    Azlan Roni




    Sunday 29 July 2007

    UMNO Youth Deputy Chief, Khairy Jamaluddin Calls Malaysian Bloggers, "MONKEYS"

    Read here by Bernama News and here for more on Gerbang Ruhanie Blog (in Bahasa)

    Quote:

    "There are no laws in the cyberworld, except for the law of the jungle.

    As such, action must be taken so that the MONKEYS behave. "
    -Khairy Jamaluddin,
    UMNO Youth Deputy Chief



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    Photo Sharing and Video Hosting at Photobucket Photo Sharing and Video Hosting at Photobucket
    UMNO Youth Deputy Chief, Khairy Jamaluddin

    Bernama reported:

    TINDAKAN undang-undang perlu diambil ke atas penulis blog yang menyebarkan laporan berbentuk fitnah di laman blog mereka, kata Naib Ketua Pemuda Umno Khairy Jamaluddin. Katanya penulis blog sebegitu tidak pernah memikirkan sensitiviti orang lain.

    "Tidak ada undang-undang di alam siber kecuali undang-undang rimba. Jadi tindakan harus diambil supaya ' MONYET-MONYET' lain takut dan mengambil iktibar daripadanya," katanya kepada pemberita selepas merasmikan mesyuarat perwakilan Pemuda Umno bahagian Papar, Kimanis dan Sipitang di sini hari ini. Read here for more
    Bernama reported in English : Read here

    "There are no laws in the cyberworld except for the law of the jungle. As such, action must be taken so that the "monkeys" behave," UMNO Youth Deputy Chief Khary Jamaluddin told reporters after opening the Papar, Kimanis and Sipitang Umno Youth annual delegates conference here today.

    Khairy said there were some bloggers who thought they were above the law.

    He said this when asked about Malaysia-Today webmaster Raja Petra Kamaruddin being called by the police for alleged seditious comments posted on it.

    Khairy added that he too had been slandered on websites but had yet to take legal action because the case might take a long time to be settled.
    NOTE: The Malaysian bloggers (ie 'Monyets/Monkeys' as classified by UMNO Youth Deputy Chief, Khairy Jamaluddin,) are :

    Lim Kit Siang, Jeff Ooi, Ahiruddin Attan, Anwar Ibrahim, Bakri Musa, Azly Rahman, Ong Hock Chuan, Husam Musa, Malik Imtiaz Sawar, Zainol Abideen ("Mahaguru58"), Ronnie Liu, Ruhanie Ahmad, Raja Petra Kamarudin, Marina Mahathir, Nuraina Samad, Hajjah Fuziah Salleh, Rustam Sani, Ahmad Zaki Yamani, Faisal Mustaffa

    A.Kadir Jasin, Bernad Khoo (Zorro) , Syed Shahir, Dato Shahrir Abdul Samad, Shieh ("Kickdefella") Haris Ibrahim, Kula Segaran, Imran Idris, Captain Yusuf Ahmad, Dr. Hsu Dar Ren, Husin Lempoyang, Hizami Iskandar, Susan Loone, Syed Imran ("Kuda Ranggi"), Nik Nazmi Nik Ahmad, Nizam Bashir, Zaharin Mohd Yasin ("Sang Kelembai"), Annuar Mohd Nor, Ibnu Hakeem, Hishamuddin Rais,

    Amir Hafizi, Mohd Adib Nor, Nathaniel Tan, Zaharah Othman ("choc-a-blog"),Patrick Yeoh ("Niamah"), Fathi Aris Omar, Amin Yatim ("Cuit Sikit"), Khalid Jafar, Amin Iskandar, Ahmad A. Talib ("Pahit Manis"), Pak Idrus (In Passing -Malaysian") , Saari Sungib, etc .

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    UMNO 'Warriors' Against Bloggers
    (Image courtesy of
    Mob's Crib )

    COMMENTARY

  • From Ruhanie Ahmad of "Gerbang Ruhanie" : Read here
    Malang sungguh nasib bloggers di Malaysia. Mula-mula mereka dicap sebagai penembak curi.

    Kemudiannya, mereka dijenamakan sebagai penyebar fitnah. Hari ini, menantu Perdana Menteri pula menyifatkan mereka sebagai “monyet-monyet” yang mengamalkan undang-undang rimba.

    Sebelum anda membaca kenyataan penuh Khairy Jamaluddin di bawah ini, cuba tanya pada diri kita sendiri, kalau seluruh jenama kepada bloggers di Malaysia itu boleh diterima oleh akal kita yang waras, kenapa agaknya kini banyak pihak jadi cemas, penasaran dan menggelabah sehingga ada yang membuat laporan polis terhadap sesetengah bloggers?

    Dan, kalaulah Khairy dah memang berniat nak saman Malaysia Today yang dikatakan sebagai pernah memfitnah dirinya, kenapa tangguhkan niat itu? Kenapa “khuatir” tindakan itu “akan mengambil masa yang lama untuk diselesaikan”?

    Bukankah Khairy disifatkan oleh banyak pihak di negara ini sebagai seorang anak muda yang paling berpengaruh pada ketika ini?

    Tunggu apa lagi? Samanlah Malaysia Today sekarang sewaktu Raja Petra Kamarudin kononnya sedang kelihatan terkontang-kanting akibat laporan polis oleh Ketua Penerangan UMNO Malaysia Rabu lalu?
  • From Ahirudin Attan of "Rocky's Bru": Read here
  • "... I should sue Khairy for calling me a monyet (monkey) .

    I have never called him BABI(pig) walaupun perangai dia macam babi . (translate: I have never called him a pig, although his behaviour is like a pig)

    Bila dia menangis sebab kena jual balik saham ECM yang disogok oleh Kalimullah, saya tak ada panggil dia buaya walaupun perangai dia rakus macam buaya dan dia menitiskan air mata buaya (crocodile tears, maksudnya menangis buat-buat).

    Kita semua boleh heret Khairy ke makhamah sebab panggil kita monyet tapi buang masa makhamah dan duit rakyat saja.

    Biarlah si Khairy macam tu, dah tak boleh nak ubat penyakit dia tu Datuk Ron.

    Lagipun, monyet tu binatang yang ada baiknya. Elok lagi dari babi atau babi yang menitiskan airmata buaya."

  • From "Sagaladoola" :Read here
    "Itulah kata Khairy kepada orang-orang Malaysia...

    Orang-orang Malaysia yang dipimpinnya dianggap sebagai haiwan yang dipanggil MONYET.

    Orang yang mengundikan UMNO dan BN dianggap MONYET.

    Orang yang memberikan dokumen hitam putih tetapi tidak disiasat dan terus diklasifikasikan sebagai fitnah.

    Inilah apa yang dianggap oleh saudara Khairy sebagai keadilan.

    Jadi, "monyet-monyet" sekalian... pilihanraya dah dekat ni... "
  • From "Ijadz". Reader in Malaysia-Today: Read here
  • ".. Monyet pun monyetlah kalau Monyet aje yang boleh membuat UMNO kecut perut dengan geng Monyet ni. Yang penting monyet diAlam Cyber mula mendapat pengiktirafan dari semua media & pemimpin UMNO sekarang.

    Hahaha...Kami sanggup jadi apa saja demi mendedah & melawan penyelewengan kuasa, rasuah & kemunafikan pemimpin UMNO.

    MONYET BERLAWAN GOLONGAN MANUSIA BACUL DI DUNIA. Ingat lagi BILA MONYET DIPERLUKAN OLEH UMNO.... Tengoklah MONYET dipikul. "
  • From "Tunku". Read here
  • "... Monkey himself calling others as monkeys. Finally kayjay(KJ) is back from holiday with the in-laws.

    If there are slanders against you why don't you follow the footstep of Mat Taib, lodge police report.so what if the case take a long time as long as it will clear all the slanders(if its really slanders) against you.
  • From "Pemerhati": Read here
  • "... Tidak ada gunanya kita layan budak KERA tu. Sepisis KERA mana faham tulisan manusia. Yang dia tahu tulisan di zoo saja. itu pun nasib baiklah manusia didik beri pelajaran.

    Kalau tidak kita kerana manusia yang mendidiknya, sudah tentu masih terlompat sana sini. Kesimpulan senang saja Dato' tidak perlu kita layan sepisis KERA belaan PM ini. Kalau di layan kita pula jadi bodoh.

    Kita golongan manusia telah Allah swt ciptakan. Jangan terlupa Allah ada juga mencipta KERA jadian di Putrajaya bernafsu haiwan."

  • From Husin Lempoyang: Read here in "Antics of Husin Lempoyang"
  • "... Jangan dilayan si KJ. ... Dulu dia kata biarlah blogger bersuara, itu hak masing-masing untuk bersuara dan ia mempertingkatkan perbincangan.

    Sekarang dia panggil blogger monyet.

    Dah rasmi beruk hitam yang suka main-main dengan pontianak. Lidah dia mesti macam ular.
  • From Amin Iskandar : Read here for more
    ".... Sekarang Khairy pula yang mendeklarasikan “peperangannya” dengan penulis blog apabila memanggil penulis blog sebagai “monyet-monyet”.

    Khairy yang tahu karier politiknya akan ditamatkan satu hari nanti oleh penulis-penulis blog menggunakan “sijil nikahnya” dengan Nori Abdullah Ahmad Badawi untuk memaksa kerajaan mengambil tindakan tegas kepada penulis-penulis blog.

    Khairy berkata yang Malaysia Today ada memfitnah beliau dalam ruangan “Khairy Chronicles”. Menurut beliau, tindakan tidak diambil oleh kerana prosesnya terlalu lama.

    Masa depan politik Khairy amat bergantung dengan nasib politik Najib. Jika Najib terkeluar, maka cerahlah harapannya. Kalau Najib menjadi Perdana Menteri, sudah pasti karier politik menantu Pak Lah itu akan berkubur.

    Sebenarnya, tujuan Khairy dan Norza menggesa kerajaan mengambil tindakan kepada penulis blog adalah sandiwara semata-mata.

    Sama-samalah kita melihat siapa yang akan tersungkur didalam pertembungan diantara Najib dan Khairy. Najib veteran UMNO manakala Khairy pula mempunyai sijil yang tidak dimiliki oleh orang lain iaitu “sijil nikah” dengan anak Pak Lah.
    Sementara itu, penulis-penulis blog harus bersatu.

    Jangan takut dengan ugutan Khairy dan Norza. kedua-dua ahli politik ini akan tersungkur ditangan penulis blog.
  • From Kamal Amir: Read here "Menantu PM membinatangkan penulis"
  • "... MAKA berkatalah Perwira Mat Lela Gila dari pentas Perdanasari kononnya kalangan penulis di halaman maya internet yang juga dikenali sebagai “bloggers” merupakan monyet-monyet di hutan rimba... Sedap mulut dia sahaja mahu menyumbat “bloggers” ke dalam penjara..... alahai anak omak, tidak dapat tanduk, telinga mahu dipulaskan.

    Belumpun habis tempoh satu penggal menjawat jawatan Naib Ketua Pergerakan Pemuda Umno, sudah ternampak watak dan belang anak yang tidak sedar diuntung ini memperagakan cara kepimpinannya. Selagi ada kuasa dipergunakan sehabis mungkin. Masyallah!

    Tergamak sungguh menantu Perdana Menteri “membinatangkan” sesama manusia.

    Bagaimana agaknya kalau dia marah kepada isterinya yang merupakan anak Perdana Menteri, mungkin berbakul sumpah seranah agaknya jika bapa mertuanya tidak mahu mengikut kehendak hatinya.. mungkin.

    Ekoran dari kenyataan tersebut maka berkokoklah para sidang wazir Abdullah Ahmad Badawi mahu memperlihatkan “kejantanan” mereka menentang suara-suara yang dicetuskan oleh kalangan bloggers yang telah dibinatangkan oleh Perwira Mat Lela Gila. Memang dasar pengampu dan penjilat yang tidak bermaruah!

    Apakah dengan pendedahan sebegini maka penulis “blogger” boleh dibinatangkan oleh Perwira Mat Lela Gila bernama Khairy Jamaluddin menantu kesayangan Abdullah Ahmad Badawi?

    Sungguh kurang sopan dan biadap perilaku seorang anak muda “julung berkeris” yang mahu menjadikan dirinya sebagai pemimpin...

    Setulus hati ingin saya menyatakan bahawa selagi nyawa di kandung badan, selagi boleh bernafas, selagi masih punya daya dan usaha, selagi ada upaya saya tidak akan mengizinkan manusia laknat bernama Khairy Jamaluddin menerajui kepimpinan negara tercinta ini.

    Selagi Khairy tidak menarik balik kenyataannya membinatangkan penulis sebagai “monyet” selagi itulah saya merasakan dia berhutang dengan kalangan penulis.

    Para penulis pengampu Khairy.... sedarlah diri kamu yang telah dibinatangkan oleh anak haram menjadah bernama Khairy Jamaluddin @ Perwira Mat Lela Gila.

    Alahai anak omak.

  • Read here in Husam Musa's Blog
  • "...Monyet???... Kurang manis bahasa itu. Tetapi itulah yang diungkapkan oleh Khairy Jamaluddin mengenai bloggers.

    Semua bloggers tentunya telah terbaca kenyataan Khairy Jamaluddin, hari ini, mengenai bloggers.

    Bahasanya kurang manis.
    Monyet.

    Melanjutkan logik dan istilah Khairy, elok kita bertanya :" Bagaimana pula dengan 'monyet' yang bergayut di laman web rasmi Perdana Menteri?" Sudahkah Khairy menemui mereka?

    Jika Ketua Penerangan UMNO Malaysia terbaca artikel ini, adakah beliau akan membuat laporan polis ke atas Perdana Menteri kerana menyiarkan tulisan berbau perkauman di laman rasmi Perdana Menteri?

    Perdana Menteri sudah tentu tidak menulis rencana ini. Beliau juga tidak mengendalikan laman tersebut. Beliau tidak bertanggungjawab pun terhadap penyiaran rencana ini.

    Kerana itu beliau tidak harus diambil tindakan.

    Tetapi mengapa pula tindakan perlu diambil ke atas blogger lain kerana ada komen liar, mungkin dari cyber troopers yang telah diupah khas untuk menyucuk masuk komen seperti itu ke dalam mana-mana blog untuk tujuan jahat mereka sendiri? Pada masa yang sama, sejumlah pegawai di Jabatan Perdana Menteri gagal menyemak apa-apa yang tersiar di laman rasmi bos mereka? Bagaimana itu boleh berlaku?

    Khairy sendiri tidak tersilau laman rasmi Mertua beliau?

    Semoga ini menyedarkan Perdana Menteri dan juak-juak beliau yang sedang bersiap menyerang blogger, supaya berfikir lebih waras dan matang.


  • From Rustam Sani, "Suara Rakyat" : Read here for more
    ".... Khairy Jamaluddin sampai menamakan para pengendali laman blog dan laman web itu sebagai “monyet” – sejenis haiwan yang tentunya paling rapat dengan perawakan dan tingkah lakunya sendiri.

    Bagi saya, para penulis komentar yang tidak terkawal itu – dan saya lebih gemar menamakan mereka para penulis grafiti ruang siber – merupakan kesan daripada wujudnya sekumpulan orang yang tidak dapat mengawal perasaan dan ingin meluahkannya.

    Akan tetapi, kerana kebebasan bersuara sudah begitu lama ditindas dan dinodai pihak berkuasa di negara ini, maka kebanyakan orang di negara ini sudah hilang kemahirannya untuk bersuara dan berwacana secara teratur, sopan lagi bertanggungjawab.

    Dan apakah jawaban para “monyet” panglima perang siber terhadap fenomena ini?

    Menurut maklumat yang didedahkan RPK, mereka kini menggaji berpuluh-puluh “monyet” mereka sendiri yang dibayar gaji lebih RM2000 sebulan seorang (dan dinamakan “cybertroopers”) – untuk menyumbang kepada kegiatan penulisan grafiti alam siber itu, bukan terhadap pengendalian laman-laman web dan blog yang bernilai lagi bertanggungjawab.

    Bagi saya, semua ini membuktikan bahawa perjuangan membebaskan media dan memantapkan kebebasan bersuara dalam masyarakat sahaja tidaklah memadai. Kebebasan media yang kita perjuangkan itu mestilah digandingi oleh peningkatan kualiti dan taraf wacana awam (public discourse).

    Jika tidak, kebebasan media dan hak bersuara itu hanya akan dimanfaatkan oleh para penulis grafiti atau para “monyet” yang saling bercakaran. Lebih berleluasa percakaran itu, maka akan lebih mudahlah para “monyet” tertentu menggunakan situasi itu untuk memfitnah para pengendali laman web dan laman blog yang bertanggungjawab.

    Para “monyet” inikhususnya para “monyet” dari kalangan parti politik pemerintah yang berkuasa – tidak mempunyai sebarang minat untuk menjernihkan mutu dan tahap wacana awam di negara ini, demi memurnikan sistem demokrasi kita.

    Jika demokrasi dan kebebasan menjadi cukup jernih dan murni, maka wajah huduh mereka akan menjadi lebih terserlah.
  • From "Cuit Sikit": Read here for more
  • ".... En. Khairy Jamaluddin,

    Monyet lebih bermaruah kerana cari rezeki tak tumpang kuasa bapa mertua.

    Monyet lebih bermaruah kerana kalau mahu kuasa tak minta tolong bapa mertua.

    Monyet lebih baik kerana sungguhpun undang-undang Rimba ia tetap ikut berbanding ada manusia tak ikut undang-undang manusia.

    Monyet lebih baik kerana tak cari untung cara mudah jual harta benda negara.

    Nota: Dulu bapa mertua panggil penentangnya Iblis, sekarang menantu panggil blogger monyet. "Dah elok lah tu."

    5 tahun lalu kata-kata seperti ini hanya keluar dari mulut pemimpin Pas, hari ini pemimpin UMNO sama sahaja. "

    Kadir A. Jasin Says Malaysian Bloggers Will NOT Fall for the Fear Tactics of UMNO

    From 'The Scribe A. Kadir Jasin" Blog: Read here for more

    by

    A. Kadir Jasin

    Photo Sharing and Video Hosting at Photobucket A.Kadir Jasin, a Kedahan, is a journalist since 1969 and currently the Editor-in-Chief of magazine publishing company, Berita Publishing Sdn Bhd. He was Group Editor NST Sdn Bhd and Group Editor-in-Chief of NSTP Bhd between 1988 and 2000.

    He writes the fortnightly column “Other Thots” in the Malaysian Business magazine.

    Among the books he has authored are Biar Putih Tulang (1998), Other Thots – Opinions & Observations 1992-2001 (2001), The Wings of an Eagle (2003), Mencari Dugalia Huso (2006), Damned That Thots (2006) and
    Blogger (2006).


    Excerpts: Read here for more

    "..... Pada hemat saya, seperti saya nyatakan dalam komen kepada blog Rocky’s Bru milik Saudara Ahirudin Attan, laporan polis oleh Muhd Taib lebih menjurus kepada pembaca dan pengulas blog.

    To my mind, Muhd Taib and his cyber pendekar may NOT strike fear in RPK’s heart.

    Experienced bloggers, especially if they are journalists, will NOT fall for his trick.

    More than seeking legal redress, Muhd Taib was hoping to use the police report to scare off YOUNGER and LESS experienced bloggers and those sending their comments to them, hence the insistence that RPK revealed the identities of the authors of the alleged offensive comments.

    Younger bloggers and their “posters” may fall for the trick and into the his trap. They may stop blogging and debating in the cyberspace for fear of being arrested.

    But I think Muhd Taib and his cohort of cyber warriors know that they can't easily cow the JOURNALIST-BLOGGERS and other MORE MATURE bloggers.

    Muhd Taib may not be a brilliant strategist and may not even be blog-savvy. But his aides must have told him that by resorting to this kind of not-so-subtle intimidation, he may discourage people from reading and sending comments to blogs. This could reduce the effectiveness of this new information medium.
    But I don't think the majority of bloggers and blog visitors will fall for the trick. All that they need to do is to be mindful of seditious remarks and comments that give people like Muhd Taib the legitimacy to lodge official complain.

    As the saying goes, there are many ways of skinning a cat, even a big fat one like Muhd Taib.

    I have been in journalism for nearly 40 years now and I've seen situation like this happening many times before.

    I've also seen countless pembesar like Muhd Taib came and gone.

    Just a thought, a disturbing thought...is it not possible that some mainstream editors might have a hand in Muhd Taib’s police report?

    Muhd Taib is the chairman of Umno's Central Information Bureau and almost all newspaper editors and TV news controllers who are Malays are ex-officio members of the bureau.

    Could they have advised Muhd Taib to resort to this line of action?

    I hope not. But I won’t dismiss it either.

    Kesimpulannya, manakala Muhd Taib mungkin berasa sangat seronok dengan laporan polisnya dan RPK mempunyai alasan tambahan untuk terus menyelak kain bekas Menteri Besar Selangor itu, blog dan blogger akan kekal dan menjadi sebahagian daripada "saluran maklumat, ilmu dan hiburan massa."
    -A.Kadir Jasin

    Commentary

  • From "Water Lily" : Read here
  • ".... Pada pandangan saya UMNO perlu menerima realiti bahawa blog merupakan satu wadah untuk rakyat mendapatkan imfomasi selain dari media arus perdana.

    Jadi saranan saya kepada semua - bila ada waktu terluang jenguk-jenguk penulisan/komen-komen dalam blog untuk memperbaiki mutu perkhidmatan anda. Bukan untuk melatah tidak tentu pasal - nanti anda semua malu sendiri.

    Impak yang lebih teruk - anda akan hilang undi."
  • From Wong Chun Wah: Read here for more
  • "...The Government has to face the harsh reality: It NO LONGER has control over media technology.

    Mainstream media is being challenged by an alternative media that answers to NO ONE.

    Cyberspace is a new political frontier and the fact is the rules of the game have changed.

    Issues are being created because some of our politicians simply shoot themselves in the foot; for example, Kinabatangan MP Datuk Bung Mokhtar Radin and Jasin MP Datuk Mohd Said Yusof over the “bocor” issue.

    If politicians like them get rapped, they should not blame anyone, whether bloggers or print journalists, for their fallacies. Neither should they fall back on the arguments of race, religion or political affiliation to get out of the mud.

    Should some politicians have a credibility problem, especially among the urban young, they just have to work on their image.

    The use of threats will not work in the long run as the new generation turns more and more to the Net.

    Worse, any form of action could lead to suspicion that those in authority cannot tolerate criticism because they fear their positions would be challenged. "

    Saturday 28 July 2007

    Raja Petra's Plea to Malaysia-Today Readers

    From Malaysia-Today: Read Here

    from Raja Petra Kamarudin. Read here for more

    Quote:

    "UMNO may have succeeded for a couple of hours in their attempts to close down Malaysia Today.

    - After spamming the site with hundreds of spam postings every day which I have to spend hours removing,

    - Attacking me on their own sites which not many have heard of, plus

    - After making a police report against me,

    THEY have now resorted to sabotaging the site.

    (But) we are back in business and with double the bandwidth this time, so I hope you will now find the site more accessible."
    -Raja Petra Kamarudin

    My request for YOU (READERS OF MALAYSIA-TODAY):

    1. Log off once you have finished and then log on again when you need to revisit this site later.

      That helps save some bandwidth.

    2. If you really need to post your comments, please do so.

      But please, I repeat, please, refrain from those very long cut-and-paste jobs.

      Just provide links and if anyone wants to read what it is you are revealing they can click the link and get sent to that other site you are quoting from. This helps you as well because then you will not suffer a very sluggish site and can surf in ease without the hassle of the page ‘hanging’.

    3. The Minister announced yesterday that they are still going to charge me .

      So please be very careful with what you post.

      Whatever you comment in the blogs can and will be used against me in a court of law. You need not worry about me of course as I know how to take care of myself plus I would not be running this site if I am scared of going to jail. But if I get sent away for two years then it will be 2010 or so before you get to read any of my articles again. What then are you all going to do in the meantime?

    4. If I overlook any postings that you feel are downright offensive (and maybe seditious as well) please just IGNORE them.

      Because if you respond equally harsh, then you would be starting a free-for-all barroom brawl that will get out of hand and which can and will be used against me in a court of law.
    Malaysia-Today was under DOS-Attack

    On 27th July at 5 pm (Malaysian Time), Malaysia-Today went dead.

    After attempting to get in so many times for about an hour, I phoned the data centre to ask what was going on. They checked and called back to inform me that they suspect we have suffered a DOS attack.

    But the site can still be accessed from overseas. It was only from Malaysia that we could not access it. The data centre told me that they suspect Malaysia Today had been blocked.

    I then made another overseas call to a very good hacker that I know of and asked him for advice. He ‘broke’ into our server and confirmed that we had in fact suffered a DOS attack. But he had no problems accessing the site from where he is.

    It is only from Malaysia that you can’t access it.

    I asked him what we should do and I relayed his advice to the data centre. They did what this hacker suggested and within two hours we managed to restore the site.

    Well, Umno may have succeeded for a couple of hours in their attempts to close down Malaysia Today. After spamming the site with hundreds of spam postings every day which I have to spend hours removing, attacking me on their own sites which not many have heard of, plus after making a police report against me, they have now resorted to sabotaging the site.

    Anyway, we are back in business and with double the bandwidth this time, so I hope you will now find the site more accessible.

    Malaysia-Today Expanded Bandwith

    Malaysia Today received 6.5 million hits on Thursday (the day after my eight hours at Dang Wangi) and 5 million hits each on Tuesday and Wednesday (when news broke that a police report had been made against me), as opposed to 2.2-2.4 million hits on normal days.

    Earlier that day, I instructed the data centre to double Malaysia Today’s bandwidth. Bandwidth is very expensive and doubling it would mean I also double my expenditure.

    But it was a move I could not avoid because we are now no longer seeing an average of 2.3 million hits but in the five and six millions.
    -Raja Petra Kamarudin

    Thank God ! The Federal Court Has Come To Its Senses: Landmark Judgment on CIVIL Court- SYARIAH Court Issue

    Disputes between a Muslim and Non-Muslim on FAMILY and RELIGIOUS matters should be SETTLED in a CIVIL COURT.
    -
    Federal Court Judgment in the Latifah Mat Zin case

    Quote:
    "Once again the issue of conflict of jurisdiction of the civil and the syariah courts has come to forefront.

    I am now in a position to take a FRESH look at the problem in a BROADER perspective than the specific issue arising in the instant appeal.

    Incidentally, it coincides with 50th year of independence and the Federal Constitution."

    -Judge Datuk Abdul Hamid Mohamad
    Quote:
    "It is a strong statement on the Supremacy of the (Federal) Constitution."
    - Counsel Malik Imtiaz Sarwar

    Read here for more and here and here in Malaysian Bar Council website, and here in The Sun and Here in Malaysiakini

    Photo Sharing and Video Hosting at Photobucket Judge Datuk Abdul Hamid Mohamad said the CIVIL court was the right forum because non-Muslims could not commence action or appear in syariah courts.

    "They can’t be present to defend themselves in the syariah courts."

    He said it was also not the function of the civil courts to review laws passed by parliament and state assemblies."The function of the court is to apply the law, not make or amend laws that were not made by the legislature," he said.

    Similarly, it was for the legislature to decide which issues fell under the jurisdiction of the civil court and syariah court.

    He said the Federal Court, the Court of Appeal and the High Court were creations of the (Federal) Constitution but that was NOT the case for syariah courts.

    "In fact, the position of the syariah court is similar to the Sessions court and magistrate’s court. The constitution refers to them as inferior courts."

    Hamid said that it was for the state legislature to determine the jurisdiction of the syariah court on matters that had been mentioned in the state list.

    "The syariah courts will have NO jurisdiction if the the state legislature did not pass an enactment to give them the power," he said. Read here for more

    The judge made these remarks in a 54-page judgment in deciding whether the money in two joint accounts of Datuk Sharibun Wahab and Latifah Mat Zin was subject to the Islamic law hibah (gifts). Click here to download the Federal Court's Judgment)

    Sitting Judges of the Federal Court on the Latifah Mat Zin's case:

    1. Judge Datuk Abdul Hamid Mohamad

    2. Judge Datuk Arifin Zakaria

    3. Judge Datuk S. Augustine Paul

    Response from the Malaysian Bar Council. Read here Press Statement by Ambiga Sreenevasan, President, Malaysian Bar Council
    ".. The Bar Council would commend the Federal Court in handing down this timely judgment that gives emphasis to the importance of acting in conformity with the Federal Constitution.

    In the light of these recent trends, the landmark Federal Court decision handed down yesterday is welcome relief.

    This decision clarifies the law for both Muslims and non-Muslims, and clarifies what matters may be properly dealt with by the respective Courts.

    It has meticulously examined the Federal Constitution, its history and previously decided cases, before coming to the conclusions stated.

    The Judgment has dealt with the effect of the relevant constitutional provisions and the position of the Civil Courts and Syariah Courts under the Constitution, and has also satisfactorily resolved the question as to whether implied power can be a source of jurisdiction in this context.

    This decision also brings about some certainty (and with that less anxiety and anguish to Muslims and non-Muslims) as to where parties may go to pursue their legal remedies.

    There is however one possible area of concern. The Federal Court judgment envisages a situation where there may be matters that are outside the jurisdiction of both the Civil and the Syariah Courts.

    In other words there could be situations where there is no available remedy in either court. This is an issue of access to justice.
    Read
    here for more
    EXCERPTS of Judge Datuk Abdul Hamid Mohamad's judgment (delivered in ENGLISH.)

    [Note: In the
    Lina Joy's case, Chief Justice Ahmad Fairuz Sheikh Abdul Halim could only deliver his majority decision in BAHASA while the MORE credible dissenting decision by Judge Richard Malamjum was delivered in English ]


    For Full Text of the Judgment by Judge Datuk Abdul Hamid Mohamad,
    Read here or Download here

    Civil Courts vs Syariah Court

    "... Once again the issue of conflict of jurisdiction of the civil and the syariah courts has come to forefront. This problem has arisen and has become more serious over the last two decades. Courts, the civil courts as well as the syariah courts have had to grapple with this problem.

    While a judgment settles the case before the court, it creates other problems in subsequent cases.

    Being one of the judges who had had to grapple with this problem since my High Court days and with the benefit of the many seminars and conferences that I have participated, I think I am now in a position to take a FRESH look at the problem in a BROADER perspective than the specific issue arising in the instant appeal.

    Incidentally, it coincides with 50th year of independence and the Federal Constitution.

    The Constitution recognized the necessity to establish syariah courts as STATE courts with jurisdiction over Muslims ONLY in, substantially, personal law matters.

    Thus, in the Ninth Schedule, List II (State List) a provision is made, inter alia, for the creation of syariah courts. It must be emphasized that the Ninth Schedule is a SCHEDULE to the Constitution.The Ninth Schedule, as it says what it is, is a "Legislative List." The words "Legislative Lists" are clear enough. They mean what they say: the matters contained in the two lists are matters that Parliament and the Legislature of a STATE may make law with respect thereto, respectively.

    Parliament may make law in relation to marriage and divorce, it is not permitted to make law on the same subject-matter affecting Muslims because it falls under paragraph (ii) as Islamic personal law relating to marriage and divorce.

    The net effect is that marriage and divorce law of non-Muslims is a matter within the jurisdiction of Parliament to make, while marriage and divorce law of Muslims is a matter within the jurisdiction of the Legislature of a STATE to make.

    Article 75 provides:
    "75. If any STATE law is inconsistent with a FEDERAL law, the Federal law shall prevail and the State law shall, to the extent of the inconsistency, be VOID."


    When it talks about "the constitution, organization and procedure of Syariah courts", what it means is that the Legislature of a State may make law to set up or constitute the syariah courts in the State. UNTIL such law is made such courts do NOT exist.

    The position is different from the case of the civil High Courts, the Court of Appeal and the Federal Court. In the case of those civil courts, there is a whole Part in the Constitution (Part IX) with the title "the Judiciary".

    So, the civil High Courts, the Court of Appeal and the Federal Court are established by the Constitution itself. But, that is NOT the case with the syariah courts.

    A syariah court in a State is established or comes into being ONLY when the LEGISLATURE of the State makes law to establish it, pursuant to the powers given to it by item 1 of the State List.

    In fact, the position of the syariah courts, in this respect, is similar to the Session Courts and the Magistrates’ Courts. In respect of the last two mentioned courts, which the Constitution call "inferior courts".

    If for example, a question arises whether a particular provision of a law made by Parliament or the State Legislature is in contravention of the provisions of the Ninth Schedule, it is the Federal Court that has jurisdiction to decide.

    What it means is that, the Legislature of a State, in making law to "constitute" and "organize" the syariah courts shall also provide for the jurisdictions of such courts within the limits allowed by item 1 of the State List, for example, it is limited only to persons professing the religion of Islam.

    The use of the word "any" between the words "in respect only of" and "of the matters" means that the State Legislature may choose one or some or all of the matters allowed therein to be included within the jurisdiction of the syariah courts.

    It can NEVER be that once the SYARIAH COURTS are established, the courts are seized with jurisdiction over ALL the matters mentioned in item 1 automatically. It has to be provided for.

    At the very least, the law should provide "and such courts shall have jurisdiction over all matters mentioned in item 1 of List II - State List of the Ninth Schedule."

    IF there is NO requirement for such provision, then it would also not be necessary for the Legislature of a State to make law to "constitute" and "organize" the syariah courts.

    Would there be Syariah courts WITHOUT such law? Obviously none.

    That is why such law is made in every State e.g. Administration of Islamic Law Enactment 1989 (Selangor).

    The point to note here is that both courts, civil and syariah, are creatures of statutes. Both owe their existence to statutes, the Federal Constitution, the Acts of Parliament and the State Enactments. Both get their jurisdictions from statutes i.e. Constitution, federal law or State law, as the case may be.

    So, it is to the relevant statutes that they should look to determine whether they have jurisdiction or not. Even if the syariah court does not exist, the civil court will still have to look at the statutes to see whether it has jurisdiction over a matter or not.

    Similarly, even if the civil court does not exist, the syariah court will still have to look at the statute to see whether it has jurisdiction over a matter or not.

    Each court must determine for itself first whether it has jurisdiction over a particular matter in the first place, in the case of the syariah courts in the States, by referring to the relevant State laws and in the case of the syariah court in the Federal Territory, the relevant Federal laws. Just because the other court does not have jurisdiction over a matter does NOT mean that it has jurisdiction over it.

    So, to take the example given earlier, if one of the parties is a non-Muslim, the syariah court does NOT have jurisdiction over the case, even if the subject matter falls within its jurisdiction.

    On the other hand, just because one of the parties is a non-Muslim does not mean that the civil court has jurisdiction over the case if the subject matter is not within its jurisdiction. So, there may be cases over which neither court has jurisdiction. It may be said that it cannot be so.

    In my view, it can be so, because either court obtains its jurisdiction from STATUTE , NOT from the fact that the other court does not have jurisdiction over the matter.

    The problem is, everyone looks to the court to solve the problem of the Legislature.

    Judges too, (including myself), unwittingly, took upon themselves the responsibility to solve the problem of the legislature because they believe that they have to decide the case before them one way or the other.

    That, in my view, is a MISTAKE.

    The function of the court is to apply the law, not make or to amend law not made by the Legislature.

    Knowing the inadequacy of the law, it is for the Legislature to remedy it, by amendment or by making new law. It is NOT the court’s function to try to remedy it.

    There are cases in which some of the issues fall within the jurisdiction of the civil court and there are also issues that fall within the jurisdiction of the syariah court.
    This problem too will have to be tackled by the Legislature.

    Neither court can assume jurisdiction over matters that it does not have just because it has jurisdiction over some of the matters arising therein. Neither court should give a final decision in a case only on issues within its jurisdiction.

    Until the problem is solved by the Legislature, it appears that the only way out now is, if in a case in the civil court, an Islamic law issue arises, which is within the jurisdiction of the syariah court, the party raising the issue should file a case in the syariah court solely for the determination of that issue and the decision of the syariah court on that issue should then be applied by the civil court in the determination of the case. But, this is only possible if BOTH parties are Muslims.

    If one of the parties is NOT a Muslim, such an application to the syariah court CANNOT be made.

    If the non-Muslim party is the would-be Plaintiff, he is UNABLE even to commence proceedings in the syariah court.

    If the non-Muslim party is the would-be defendant, he would NOT be able to appear to put up his defence. The problem persists.

    Similarly, if in a case in the syariah court, a civil law issue e.g. land law or companies law arises, the party raising the issue should file a case in the civil court for the determination of that issue which decision should be applied by the syariah court in deciding the case.

    Actually if laws are made by Parliament and the Legislatures of the States in strict compliance with the Federal List and the State List and unless the real issues are misunderstood, there should NOT be any situation where both courts have jurisdiction over the same matter or issue......"


    Friday 27 July 2007

    REVEALED! The Commander-in-Chief of the Cyber-Troopers


    The Commander-in-Chief of the Cyber-Troopers
    (The Secret and Insidious Group created by UMNO
    to Patrol and Create Mischief in Malaysian Blogs)

    Photo Sharing and Video Hosting at Photobucket
    Dato Seri Azalina Othman Said

    Read here and here in Malaysia-Today and here in Malaysiakini and Read here in The Aisehman and Read here in The Clare Street

    "...I want it on record that UMNO is attacking Malaysia Today with 25 cyber-troopers and THEY are the ones who are posting RACIAL statements .

    Sometimes they (UMNO cyber-troopers) even masquerade as Chinese and whack the Malays and Islam. Then other cyber-troopers would respond and whack the Chinese.

    The Umno cyber-troopers are the ones behind this racial and religious bashing in Malaysia-Today. Then they make a police report alleging that Malaysia Today insults Islam and stirs racial sentiments.

    I do know that amongst them are 25 Umno cyber-troopers headed by Azalina and Norza. "-Read here for more

    These people are Umno 'cybertroopers', there are about 25 of them paid RM2,750 a month to raid and invade malaysia-today.net. They flood my website with about 500 to 600 unwanted and sensitive comments daily and I lose sleep every night cleaning this mess up by deleting them from my site". Read here for more
    -Raja Petra Kamarudin

    Profile:

    Dato Seri Azalina Othman Said
    MINISTER,
    YOUTH AND SPORTS MALAYSIA

    [2004 - Present]
    Member of the UMNO Supreme Council

    Participated at the "A Gender Agenda: Asia-Europe Dialogue : Transformational Approaches to the Roles of Women and Men in Political Decision-Making and Economic Life," held in Tempere, Finland, (15-18 September, 2002) as Study Group Leader on "Women and Men as Agents of Change in Political Decision - Making" .

    INTERNATIONAL RECOGNITION:

    "Global Leader for Tomorrow (GLT) 2003 Award " by the World Economic Forum, Davos, Switzerland

    Born on 31st December 1963 in Johor Bahru, Johor, Malaysia.

    EDUCATION

    Master of Laws (LL.M) - 1990
    London School of Economics and Political Science (LSE)

    Bachelor of Laws (with Honors) [LL.B (Hons)] - 1988
    Second Class Upper University of Malaya

    Called to the Malaysian Bar in 1989 and has been practicing law since late 1980s and specializes in litigations. Actively involved in non-govermental organizations and sports. Became active in politics at the turn of the millennium when appointed to the Supreme Council of UMNO by the Prime Minister of Malaysia, Dato' Seri Dr Mahathir Mohamad.

    BUSINESS/COMMERCIAL PARTNER

    • Messrs Zaid Ibrahim & Co, Kuala Lumpur

    • Zaid Ibrahim & Co LLP, Singapore

    POLITICS

    MEMBER, UMNO SUPREME COUNCIL [2000 - Present]
    Appointed to sit as a member of the UMNO Supreme Council, the highest decisions-making body of the party, in july 2000, by the Prime Minister of Malaysia

    HEAD, PUTERI UMNO MALAYSIA & VICE-PRESIDENT, UMNO [2002 - 2004]
    Elected the first Head of Puteri UMNO Malaysia, on 1 November 2002. The Head of Puteri UMNO Malaysia is automatically one of the six Vice-Presidents of UMNO

    PRO TEM HEAD, PUTERI UMNO MALAYSIA [2001 - 2002]
    Appointed by the President of UMNO as the Pro Tem Head of Puteri UMNO Malaysia, in April 2001.

    HEAD, UMNO CIVIL ACTION BUREAU [2000 - 2004]
    Appointed as Head the Civil Action Bureau of UMNO Malaysia (BTS UMNO), which is based in Sungai Way, in August 2000.

    TITLES

    SPMP - Darjah Seri Paduka Mahkota Perak
    DGMK - Darjah Gemilang Seri Mahkota Kedah
    DPMS - Darjah Paduka Mahkota Selangor
    PGDK - Panglima Gemilang Darjah Kinabalu

    ORGANIZATIONS

    • Women Affairs Department, Women's Crisis Centre (WCC) Penang,
    • Women's Aid Organizations (WAO),
    • Yayasan Pembangunan Wanita;
    • Gabungan Kontraktor & Pembinaan Wanita,
    • Persatuan Peguam-Peguam Muslim Malaysia (PPPMM).

    Actively involved in women's issues and organizations especially in relation to Women and Law also Women in Sports and Fitness. Appointed adviser to the abovementioned governmental and non-govermental organizations.

    • Women Sports and Fitness Foundation (WSFFM)
      An NGO in relation to Women in Sports and Fitness. Foundation is the only NGO affiliated with the National Council of Women Organizations (NCWO). Appointed Legal Advisor cum Secretary of the Foundation.
      Nominated and appointed President of the Foundation in October 2000.

    • Sports Advisory Panel
      Appointed by the Goverment of M alaysia to sit in the panel in accordance with the Sports Development Act 1997, in March 1999

    • 5th Dan Black Belt in Taekwando
      Awarded by the International Taekwando Federations (ITF) [May 1998]
    PROFESSIONAL

    Messrs Zaid Ibrahim & Co [2002-2004]
    Partner (Zaid Ibrahim & Co is currently the largest law firm in Malaysia)

    Zaid Ibrahim & Co.LLP, Singapore [2003-2000]
    Partner

    Messrs Skine [2001-2002]
    Partner

    Messrs Azalina Chan & Chia [1994-2001]
    Partner

    Messrs Raja Darryl & Loh [1991-1994]
    Legal Assistant

    Malaysians Bar - Advocate & Solicitors, High Court of Malaya [1989]

    Messrs Raja Darryl & Loh [1988 - 1989]
    Pupil-in-Chambers