HERE is Why Malaysians 0VERSEAS are joining Global Bersih 3.0

 Article by Yolanda Augustin, a Malaysian doctor now working in the UK.

To find and attend a Global Bersih 3.0 solidarity sit-in NEAR YOU, CLICK HERE  

OR please go to http://www.globalbersih.org/

Read HERE for more

My name is Yolanda Augustin.

I left Malaysia 14 years ago to study in the UK, where I now live and work as a DOCTOR.

I’m writing to explain what inspired me to get involved in the Bersih movement and global solidarity work for Malaysia.

For many years, I felt a sense of helplessness and frustration as I followed Malaysian current affairs and saw the country I grew up in stuck in a downward spiral of poor governance and deteriorating civil liberties and human rights.

What really got to me was the complete waste of potential – Malaysia was and remains a beautiful country – rich in natural resources, great weather, fantastic cuisine and diverse culture. It has a small population of 28 million people that could enjoy a world class healthcare and education system if the money spent on hapless vanity projects and siphoned off to fund the multimillionaire lifestyles of government ministers was spent on improving the lives of the rakyat.

I was also struck by the vast number of Malaysians I met living overseas – many of them doing interesting and inspiring things – writers, scientists, entrepreneurs, doctors, chefs, bankers, lecturers, lawyers, nurses, town planners, engineers, actors, the list goes on.

Many of them still with strong roots and a sense of connection to their place of birth. Many of them wanting to contribute something good and positive towards Malaysia but not knowing what, where or how.

People would often ask me if I ever planned to return to Malaysia one day. I would usually smile and say “One day…when I finish my training… but not yet.”

The truth was that as much as I was often homesick and nostalgic for the country I grew up in, living abroad had changed my life and my mindset. I appreciated the freedom to move, think and speak as I pleased, without a psychological straight jacket, without the risk of the ‘guillotine of the Internal Security Act’ (or newly rebranded Special Security Offenses Bill) as Hishammudin Rais calls it continually hanging over my head, where overnight the special branch who have been following your every movement for months from a red Proton Saga can break into your home, kidnap you and tear the fabric of your life, and that of your family and friends apart.

I appreciated living in a place where archaic pieces of legislation such as the Press and Printing Act didn’t keep the press muzzled, making newspapers not worth the paper they were printed on, where the press kept the politicians in check, not the other way round.

I appreciated living in a place where critical thinking and debate were encouraged, where students were not arrested for peaceful protest, where freedom of speech and assembly were part and parcel of everyday life.

In my student days I had been part of a London solidarity anti-ISA campaign, sparked by the arrest and detention of those involved in the 1998 reformasi movement. A small group of 5-6 of us used to picket outside the Malaysian tourism Office in Trafalgar Square during our lunch hour. It was a nice gesture but it all seemed pretty depressing – Malaysians in general seemed to be plagued by a sense of inertia and a general unease that Special Branch Big Brother would catch them (even all the way in London) if they dared tell the government to start behaving itself.

Then in 2010 I met a group of like minded Malaysians in London, many of whom have since become great friends, and we started a series of solidarity protests again, to give support to our brothers and sisters in Malaysia who were tirelessly campaigning on various human rights issues and to form a pressure group aimed at holding the Malaysian government to account for their pitiful human rights record.

It was incredibly encouraging to see the solidarity movement grow from 10 to 20 to 50 regular attendees.

I mean – these are MALAYSIANS we are talking about – and we are generally not used to challenging authority or protesting (particularly not in freezing just above 0 degree temperatures!).

In June 2011 we joined in the global solidarity campaign for Bersih 2.0 and it was awe-inspiring to see Malaysians from over 30 cities around the world stand in solidarity with over 50,000 fellow Malaysians in KL to support the call for free, fair and clean elections.

In London we had expected around 100 people to turn up, 150 if we were lucky. When nearly 500 Malaysians gathered in front of the Malaysian high commission in Belgravia we were gobsmacked. Across 5 continents the global Bersih 2.0 fire had been lit and there was no stopping it.

The ridiculous antics of a panicking government – arresting over 1500 civilians, many for as little as wearing a yellow t-shirt, the detention of 6 activists under the Emergency Ordinance, the tragic death of 1 rally supporter, the unleashing of water cannons and tear gas on peaceful demonstrators, in one instance even into the confines of a maternity hospital, failed to snuff out the ‘unggun Bersih’ (flame of Bersih) as Pak Samad so aptly calls it.

It had exactly the opposite effect – merely igniting the flame further. Peacefully, sincerely and with quiet resolve – Malaysians around the world came together, with their own small but significant acts of peaceful resistance – to remind the Malaysian government and the world that it doesn’t have to be this way.

Free and fair elections are the essential building blocks of any open and mature democracy. It is our right to demand it, and we should expect no less.

An aunt wrote to me in the aftermath of Bersih 2.0 to explain what had inspired her to join the Bersih rally in KL. She put it simply, “July 9th 2011 will forever be etched in my mind as the day I decided to stop being afraid.

My daughter was adamant about going for the Bersih rally in KL and she went in on Friday evening with friends from the Women’s Aid Organisation to stay at a hotel in Bukit Bintang. I felt then that our generation had let our kids down and we were expecting them to move mountains by cleaning up the mess. It really was time to do something, no matter how minimal.”

This Saturday the 28th of April 2012, Global Bersih 3.0 solidarity actions will be taking place in over 70 cities in 29 countries around the world.

We urge Malaysians the world over to take part and stand up for free and fair elections and civil liberties in Malaysia – because we CAN. The time has come for Malaysians the world over to do something, no matter how minimal.

That time is NOW.

Salam Bersih.

To find and attend a Global Bersih 3.0 solidarity sit-in near you please go to http://www.globalbersih.org/

- Yolanda Augustin

Tears of Malaysia (Bersih 3.0 Song)

BERSIH 3.0 RALLY on 28 APRIL 2012.

The Downfall of the Malays: UMNO's Divisive Population Engineering

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by

"Enlightened Malay"

The Malays are lost and waylaid and at the crossroads of a really serious Malay dilemma.


If you don't believe me, check this out.

If you happen to travel around this country and check on the statistics, especially the pasar malam, find out who runs the stalls and their businesses? Check out our beloved Chow Kit Road, and see who owns the thriving commerce? Or visit the Pudu wet market and see who is shouting for customers at 4 am (even before the cock crows).

Half the businesses now are with the foreigners, another half with other races, the Malays only have land titles left (especially reserve land of no value). All the GLC's are still in Malay hands, but not for long; otherwise all will be sold off in no time at all.

As a people, the Malays are not known for perseverance and enduring commitment. They have no business acumen. Being entrepreneurial is a steep climb for them and the Malays have no stamina to stomach the strains and stresses.

I speak from experience. They are easily swayed by circumstances.

More than half our local workforce are pendatangs (Indons, Myanmars, Nepals, Vietnamese, Banglas!)

This country is not only bankrupt as said by Idris Jala, but also - telah dilelongkan. The poorer of the majority Malays left behind will become beggars and mat rempit, mat gian, mat ragut and mat dadah (they are all subsidized by our government funding to buy their No 1 drugs of escapism to run away from a harsh reality - Metadon).

Who culled their own Malay race? Nobody but UMNO-BN itself! I rest my case.

Strategy of mind control



Since 1957 UMNO has effectively carried out the population engineering of our country to ensure its own long-term survival by creating the myth of a two-pronged “Ketuanan Melayu” strategy of mind control.

“Ketuanan Melayu” for the majority Malay masses who are lulled and numbed into a feeling of being superior over the non-Malays because of their demographic numbers; and “Ketuanan Melayu” for the favored UMNOputra Malay political elites through the accumulation of massive material wealth and power for themselves and their cronies.

And while UMNO has failed by almost any measure you chose to gauge them – good governance, ethics or morality – without question they have succeeded too well in the social engineering exercise after the bloody race riots of May 13, 1969.

The duplicity of UMNO in proclaiming 1Malaysia - Satu Bangsa, Satu Negara -while all the while undertaking a relentless program to whittle down the numbers of the non-Malays through a very precise and focused political initiative is breathtaking in its effectiveness!

Consider this -

In 1957:

– 45% of the population were Chinese

– 12% of the population were Indians

In 2010:

– 25% of the population are Chinese

– 7% of the population are Indians

Over 600,000 Chinese and Indian Malaysians with red IC status were REJECTED repeatedly when applying for citizenship and possibly 60% of them had passed away due to old age.

Since 1957:

– 2 million Chinese have EMIGRATED

– 0.5 million Indians have EMIGRATED

– 3 million Indonesians came over to Malaysia to become Malaysian citizens with Bumiputra status even if they stay LESS than 5 years. (Nett gain 0.5 million and an additional of 3 million manufactured Bumiputras like Muslim Indonesians).

The most famous is none other than Mohd Khir Toyo who stayed for 20 years but became MB of Selangor.

Chinese population to dwindle and the Indon to rise

In the not too distant future INDONESION migrants, owing to the virtues of hard work and thrift taught by their parents, or grandparents, would have surpassed the majority MALAYS in terms of socio-economic progress.

Mohd Khir Toyo is smarter than most local-born Malays in terms of amassing his personal wealth at the shortest duration of time. Even Muhammad Muhammad Taib is no match for him. That's how smart Khir Toyo is.

Instead of teaching their people the virtues of hard work and perseverance, the UMNO warlords are proclaiming Ketuanan Melayu to feed off the Chinese minorities like parasites.

If not for the Chinese taxpayers, the Malays will be sleeping the five foot-ways.

Of course the Chinese isn't a threat - they are just workaholics - they want to create wealth and prosperity so much so that no failures of any kind is going to stop them. Not even the ultra Malay racists spewing blood in their eyes or frothing venom in their mouths.

It is envisaged the Chinese demographics will dwindle to stabilize at 4 percent of the overall Malaysian population but their accumulated wealth and economic power will continue to rise to more than 75 percent of the overall GDP of the country.

That’s proof enough how steady and influential the Chinese economic stranglehold over the majority Malays will become; and we believe racial hatred and resentment is well likely to remain for the next 50 years.They work hard for the money but we envy them in our idleness.

Whereas the Indonesian newcomers went out to work BEFODRE you become awake and they are not home yet when you call it a day and went to bed. Will the majority Malays consider them a threat when they deservedly find new wealth?

The Indonesians respect the Chinese for their business acumen and diligence. Do the Malays think likewise if not indulge in unguarded jealousy and envy?

Best to lay the blame where it belongs - NOT the Malays, but UMNO

Now the non-Malays are well aware of this tinkering and engineering of our population and it would do us Malays no good to say that it was UMNO’s doing and that we had no hand in what happened at the end of the day.

As a Malay I was then comfortable that UMNO was the dominant partner in the Barisan Nasional. It was indeed comforting to know that Malays controlled four of the five major banks. We were also in control of UMBC, MISC and Southern Bank – all previously owned by the Chinese.

But seemingly the Chinese-owned Public Bank which is not in our control is moving ahead of the others still in economic prowess and competitive skills. What’s wrong with our control?

Education?

Between 1968 to 2000:

– 48 Chinese primary schools SHUT DOWN

– 144 Indian primary schools CLOSED

– 2637 Malay Primary Schools were BUILT

Of the total government budget for these schools, 2.5% were for the Chinese, 1% for the Indians and a whopping 96.5% for the Malay primary schools.

The fact that 2637 Malay primary schools were built between 1968 to 2000 implied that the engineered process of RETARDING our majority Malays or bumiputras is getting obvious.

At the end of their school lives, they have nowhere to go except to stay put in this country, as like idiots they have nowhere else to go because everywhere they are faced with a serious language problem and a communication breakdown with others.

They will, like it or not, have to support the Ketuanan Melayu concept to survive for their freebies or welfare. The mentality is - No need to work and money will still come.

Scions of the rich and wealthy UMNOputras will be educated overseas and return to continue to rule over their poorer local cousins.

Petronas petrol stations?

Of the 2000 station the Malays owned 99%. Yes…we the Malays were indeed in control.

In control of what?

1. We were in control of all the business licenses and permits for Taxis and Approved Permits (APs).
   
   
2. We were in control of Government contracts of which 95% were given to Malays.
   
   
3. We were in control of the rice trade through Bernas that bought over 80% of Chinese rice millers in Kedah. Even Robert Kuok aka Sugar King was forced to sell his sugar franchise to UMNO crony interests so that the Malays are deemed to be in control of the sugar market; and the other essential basic items.
   
   
4. We were in control of bus companies. Throughout Malaysia, MARA buses could be seen plying all the routes.
   
   Non-Malays were simply displaced by having their application for bus routes and for new buses rejected. Many local Chinese owned bus companies are already kaput in the urban centers.
   
   
5. Every new housing estate being built had a mosque or a surau.
   None, I repeat “no” temples or churches were built for any housing estate even if the majority residents are non Malays!
   
   We even blare the loudspeakers in every mosque calling for Azan at maximum volume just so to tell the non Malays and non Muslims that we are in control!
   

How come still poor with so much control?

So why with control over all these highly visible entities and business opportunities are the majority Malays still unable to stand tall and with pride over and above the non-Malays?

We are unable to so do because it was not the Malays that benefited from these opportunities - only the favoured UMNOputras enjoyed the benefits, and the poorer among the majority Malays were merely taken for a ride as their name were used by UMNO to hijack the national agenda.

The Chinese bogeyman and the Malay hobbyhorse work wonders for UMNO to play one against the other in their evil scheme of Divide and Rule to suit their survival plan.

Kentucky Fried Chicken (KFC) Malaysia is a Disgrace to KFC as an International Franchise. The Staff Should be Sacked Immediately

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http://www.youtube.com/verify_age?next_url=/watch%3Fv%3DRz5StzOUC_s%26feature%3Dplayer_embedded

Another video uploaded as KFC punch-up riles Malaysians

by

Mariam Begum

Instead of abating, a video of a customer being punched by staff of a KFC outlet in I-City, Selangor, has attracted even greater public outcry. Other customers who were present and filmed the punch-up are starting to send in their footage to Segambut MP Lim Lip Eng.

"This is the second video taken by a customer who was at the I-City KFC fight fiasco," Lip Eng said on his Twitter.

Churlish and unprofessional

The second video confirms the view of many that the KFC staff had behaved churlishly towards Ng Chee Fei, who had gone to the restaurant with his wife on February 6.

According to Ng, he and his wife were made to wait at the KFC outlet for an hour before being rudely told "‘ayam sudah habis, apa you mahu lagi?

Angered by the sloppy service, he ticked off the staff and a shouting match ensued. According to his wife, some of the staff even brought out a steel bar to threaten them.

Although she managed to pull her husband away, he refused to be brushed off and re-entered the outlet, demanding their names so that he lodge a formal complaint. It was then that one of the staff punched him in the face, while the outlet manager stood by and chatted the others.

'Racialisng' what was basically terrible customer service

Some of those present filmed the incident, and one of them uploaded the video on You Tube, where it became viral. Anxious to downplay the violence displayed by the staff, some cyber-troopers who seem to be Umno supporters began tagging the incident as an outbreak of Malay vs Chinese animosity. Ng was also accused of being an 'arrogant Chinese'.

This led Ng to seek legal advice and lodge a police report over the incident. At the police station, Ng was advised not to approach the Pakatan Rakyat with his story 'in the spirit of 1Malaysia'.

However, given the deafening silence from KFC, which has yet to offer an apology or words of comfort, Ng decided to approach Lip Eng for justice. KFC is an Umno-linked frim.

"I won’t go back to KFC, not for a long time, I’m mentally distressed,” Ng told a press conference on Thursday.

“This is no reason for physical attack. I did not hit back because violence is not the answer. Rumours that I was drunk when the incident occurred are also not true."

Spare the rod and spoil the child

All eyes are on whether KFC will refuse to call for an inquiry into the conduct of its staff. All eyes are also on the police to see if they will take any action at all.

There is also some expectation that ultra-Malay rights group Perkasa and its founder Ibrahim Ali may be roped in to speak on behalf of the KFC staff.

Hasan Ali, Now a Pariah in Malaysian and Malay Politics

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Hasan Ali - Thank Goodness, He Didn't Appeal!

 by

Iskandar Dzulkarnain


A long time ago, when you mentioned Hasan Ali’s name, there was some respect for this PAS leader even though he was basically another self-proclaimed defender of Islam. Respect was extended to him for his Islamic standing and that was mostly due to his position as the head of PAS Selangor.

Less focus was placed on his persona, educational background but mainly he was held in esteemed and given face because he had been handpicked by PAS to defend the Muslims in the state, and perceived to be performing his religious duties to uphold the good name of Islam.

But things changed. Something happened.

Even from before 2008, Hasan was interested in UMNO

Rumours and wild talk started to surface after the last election in 2008. Hasan Ali started to become prominent for other reasons. From religion, he started to move into race-championing.

Talks of secret meetings between Hasan Ali and UMNO to form a new Selangor government under Pakatan Rakyat finally came out into the open.

PAS had to issue a denial, and its president Hadi Awang had to make a clarification. Within PAS, the blurred lines between the party's liberals and the ultra conservative ulama or religious heads began to take shape and sharpen. Along with Pakatan, PAS was shaken and stirred by the Hasan's dealings with UMNO.

It was no secret that Hasan harbored dreams of becoming the next Menteri Besar and was willing to sleep with the devil just to deny a Pakatan Rakyat government in Selangor.

Since then, he has in the news for all the wrong reasons, and oftentimes people wondered whether he was representing PAS, Pakatan or UMNO!

The beer fiasco in Shah Alam’s minimart left a sour note on people’s lips. Non-Muslims started to watch him with a wary eye and avoided him like the plague.

Christian-bashing

Later on, when he leveled accusations at the Christians for attempting to proselytize Selangor Muslims in the Damansara Utama Methodist Centre, it confirmed everyone's worst fears. Hasan was like Ibrahim Ali - a political lunatic running amuk and ready to do any extreme act just to reap some gain from UMNO.

The DUMC-JAIS raid affected more than Selangor. It left a lasting negative impression on the whole country, especially Sarawak where 43% of the people there are Christians. Surprisingly, BN politicians seemed unaware of the horror the two political 'pyschos' were creating.

In fact, BN leaders  sided with Hasan even though he was then still in PAS. It was starting to become obvious that Hasan might straddling two 'sampans' or long-boats at the same time.

But to Hasan, he was like a white knight in shining armour, fighting against the purported proselytization of Muslims in the state. Somehow he could not convince the Muslims he was sincere. The majority saw him as just another political opportunist. Soon, the daily attacks against the Christians and declarations that his actions were for the good of Islam began to fall apart.

Thank goodness, he didn't appeal

As he spoke about Islam, or the version that he practiced anyway, others were already discussing his defection to UMNO. It was a matter of when and in what manner - the possibility was never even questioned!

Thus, it was not a surprise when PAS finally sacked him. Everyone knew he had it coming. In fact, he worked hard to force PAS to sack him.

Seduced by flattery from UMNO, it is likely Hasan believed that PAS wouldn’t have the balls to dump him. Still reeling from the aftershock of his shameful sacking, he has embarked on a roadshow to educate the public on the political parasites in PAS, who was partly responsible for his sacking. And guess who is tagging along with him? None other than Ridhuan Tee, the faithful Muslim.

The appeal period for Hasan Ali has expired and he has declared he has no intention to appeal. The sighs of relief are loud indeed along the corridors of power in PAS and Pakatan.

If he had appealed, it would have put the coalition and the party in a slight pickle. They would have looked bad if they rejected him. But if they re-opened the door to him, and he started his nonsense again, they would look weak and foolish - much like our Prime Minister Najib Razak!

Parasites

Talking about parasites, Hasan Ali failed to observe that most parasites are so tiny, like the lice in one's hair that most do not notice. As far as the public knows, there are only 3 parasites with ravenous blood-sucking traits that are of some 'entertainment' value. So well fed are these parasites, they have turned into hideous overweight monsters like Jabba the Hut in Starwars.

One of them is a chronic and confirmed party-hopper. This guy owes allegiance to no one and his master is whoever pays him for the moment. Though he contested on a PAS ticket, within months of winning, he turned Independent and then formed Perkasa.

The second lost his position as the number 2 in PAS last year.

The third one didn’t realize that he was a parasite and has embarked on an educational tour to expose himself!

And to top it all, all of three of them were present at a recent press conference in honor of Parasite No. 3's sacking. Were they there to lend support to him as a fellow parasites, or to wallow in glee at his sacking?

Political ambitions

Now, Hasan says he wants to form a new NGO called JATI to fight for Islam, Malay Rights and the Malay Rulers. What a noble cause, if it only were true. Already there is Perkasa and Perkida and these 2 organizations must be sleeping if there is a need to form JATI.

Hasan clearly still harbors political ambitions, positioning JATI as the Third Force. So confident is Hasan that he has already rejected the lures thrown out to him by KITA. But there is some shadow-play there and although for ex-UMNO minister and PKR turncoat, Zaid Ibrahim, has announced plans to dissolve KITA, some are betting that eventually peace will be made and Hasan will go into KITA although Zaid may make an exit after doing his national service for UMNO.

So one way or another Hasan looks sets to become a rusty fixture, much like Ibrahim Ali, Zul Noordin and Zahrain Hashim. His JATI can even apply for its own license to become the nation's newest political party.

Then he can field himself and other like-minded specimens in the next election, because while UMNO may support him, they won't touch him with a 20-foot barge pole. Apart from KITA, no one else would!

Hasan has finally shown his true colours and it's not green like those little green men from Mars. Instead of seeking forgiveness from the Party that gave him an illustrious career, he sees it fit to back-stab his former colleagues. Memang kartun or a real cartoon, is how they now view him. But this modus operandi will doom his new career as Zaid will tell him.

Zaid too had embarked on a 'politics of revenge' against Opposition Leader Anwar Ibrahim. But the slandering and washing of linen in public only put Malaysians off Zaid. From a high perch as a Malay intellectual, Zaid was finally perceived to be just another political pirate doing the rounds for UMNO. The very same is taking place with Hasan, though he doesn't see it or chooses not to see it yet.

Another failed UMNO tactic

Obviously, if Hasan has new backers, he must show them the benefits of taking him on-board. How can he blow the whistle on himself? For example, how can he tell UMNO - you guys were stupid to pick me!
So, acting like a crusader and trying to pick a fight with the Christians whom he regards as the enemy, Hasan is out to conquer the country with yet another out-of-favor and shelf life-expired cocktail of racism and religious bigotry.

Hell-bent to rouse the flames of controversy, Hasan will put the blame for his misfortune on the peace-loving Christians in this country whom he thinks will not dare to retaliate. Hardly the hallmark of a man of Islam!
By now, no one in PAS is angry anymore at Hasan's sacking.

The real Hasan Ali has stepped out from the shadows and he has sprouted horns. No doubt about it, like Ibrahim Ali, Hasan Ali is a boon to the Pakatan Rakyat.

The more the 'Alis' rant and holler, the more Malaysians will sympathize with Pakatan.

Whoever in UMNO dreamed up this diabolical scheme to back stab PAS has now been back stabbed by himself! Really, they should think more carefully and not rush to grab off the shelf items that may not work or are defective. No point to behave like a bull in a China shop, but perhaps this is an indication of how bankrupt UMNO is of new ideas.

What their strategists are doing is like the Malay saying,  tak sa takut! Gostan saja. Jika langgar, pasti ada bunyi

See Video: MALAY Thugs Attack Ceramah Held by ABU-HINDRAF at Jalan Kebun on 21st January 2012

One person SERIOUSLY injured!!!



From Malaysiakini Read here for more

A ceramah organised by Anything But Umno (ABU) was cancelled at the last minute due to a disturbance from a "rowdy" group.

According to Suara Rakyat Malaysia (Suaram) executive director E Nalini (right), the ceramah was disrupted by several youths sporting T-shirts with BN and Umno logos.

"The ceramah was to start about 9pm last night. As we were driving to the hall, there were about six or seven men beating up a boy with sticks," said Nalini.

This was confirmed by ABU coordinator Haris Ibrahim, who added that one young man was taken to the hospital.

"Another group of some 20 people were causing a ruckus opposite the hall, waving rods and riding motorcycles," Nalini told Malaysiakini, adding that they were told the area was an "Umno stronghold".

Co-organised by Hindu Rakyat Action Force (Hindraf), the ceramah was to take place at the Shah Alam City Council (MBSA) Hall on Jalan Kebun, before it was called off over safety concerns.

"I understand that the hospital had to do a CT Scan on the youth. He is out of danger but he is certainly traumatised," said Haris, who was to speak at the ceramah.

Apart from Haris, other speakers lined up were PKR's Badrul Hisham Shahrin, PAS deputy president Mohamad Sabu and Hindraf national coordinator W Sambulingam.

Haris said the organisers would decide later today on their next course of action.

Nalini said that the rowdy group dispersed after several police patrol cars arrived at the scene.

Malays told to leave

Hindraf adviser N Ganesan said in a statement that the group was making a racket outside the MBSA hall by honking motorcycle horns, and one of the group's leaders even told Malay attendees to leave the ceramah.

"Having succeeded in getting a few of the attendees to leave the hall, the mat rempit then began kicking and pushing over the publicity material and tables placed at the entrance to the hall.

"This made some in the crowd restless, and prompted the mat rempit leader to ask the crowd to 'berambus' (get lost).

N Ganesan, HRP advisor June 4"Things took an ugly turn when a mat rempit then rode his motorcycle right into the seating area, making those there scramble for safety," recounted Ganesan (left).

A scuffle then took place when one of the participants told the motorcycle group leader to leave.

They began shoving one another and it eventually ended in a fight, said Ganesan, adding that the participant was then "knocked senseless, and had to be rushed off to the hospital".

Ganesan also criticised BN and Umno, accusing them of using youths to disrupt the ceramah.

He added that despite the "brazen attempt" to thwart the gathering, Hindraf as well as ABU would continue to host forums and ceramah of such nature.

However, Selangor police chief Tun Hisan Tun Hamzah refuted the allegations that a person was injured.

"NOTHING happened, the residents were unhappy, that's all. NO BN or Umno supporters disturbed them," said Tun Hisan when contacted.

"No police reports were lodged, not even by the victim who was said to be injured," he said.

"Papagomo" aka Wan Muhammad Azri and "Parpukari "aka Mohd Salim Iskandar sued for RM 10 Million for Defamation .

REAL NAME: Wan Muhammad Azri bin Wan Deris
Identity Card No: 830121-03-5019
Date of Birth: 21 January, 1983
Residence: Setapak, Kuala Lumpur


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Pro-Umno bloggers Papagomo and Parpukari are facing a looming RM10 million lawsuit each for allegedly defaming businessman Abdul Razak Mohd Noor.

Abdul Razak had through law agency Netto & Co on Jan 3 issued a letter of demand to the duo, on top of a notice of demand published in a major local daily last Saturday.


When contacted, Abdul Razak's lawyer Reuben Netto said his client had resorted to public notices as he had no other avenues to defend himself.

"When we go before the judge, we want to say that we have done everything in our power to identify the bloggers," he said.

The notices names Wan Muhammad Azri Wan Deris as the owner of the Papagomo blog and Mohamad Salim Iskandar as the owner of the Parpukari blog.

Abdul Razak claims that Papagomo had through a blog posting on Dec 11, 2011 and Parpukari through a blog posting on Dec 4 and Dec 12, 2011 defamed him.

"They have defamed my client by calling him a conman and accusing him of cheating the government, saying that he had collaborated with the opposition and labelling him as being ungrateful to Umno," said Netto.

Justifying the demand of RM10 million in damages, Netto said Abdul Razak holds all telecommunications licences relating to broadband and satellite services in partnership with Telekom Malaysia.

"He is supplying the Malaysian public with broadband services in cooperation with Telekom, he is a fairly big person in terms of the services he renders. But with these defamatory articles, the banks and Telekom are calling up my client and asking what is happening," he said.

Netto said he was informed that Papagomo has met with other bloggers and sought advice on how handle the looming suit, while Parpukari thus far has ignored the legal notices.

Court action expected soon

"If by the end of the week, they do not show any sincerity or overtures in writing, then it will force our hand to file an action in court," he said.

Aside from damages, according to the letter sent on Jan 3, Abdul Razak is demanding for the duo to withdraw their allegations from their blogs as well as, at their own expense, request similar withdrawals from sites that have circulated the claims.

He is also seeking for the two to publish an unqualified apology on their blogs and to seek similar publication on sites which have circulated their allegations.

The duo will also be required to put in writing a guarantee to not publish similar allegations or imputations against Abdul Razak in future.

If the bloggers do not respond, Netto added, a suit will be filed at the Kuala Lumpur High Court as early as Friday and the latest by early next week.

Papagomo has in the past made several controversial claims, including alleging that Penang Chief Minister Lim Guan Eng's son had outraged the modesty of his schoolmate, a claim which has been proven untrue. READ HERE FOR MORE

Several police reports have been lodged against the blogger before, but this looming suit appears to be the FIRST major legal action against him and Parpukari.

NOT GUILTY!! Judge Zabidin ACQUITS Anwar Ibrahim of Sodomy Charges

Dato' Mohamad Zabidin Bin Mohd Diah,DSDK, SMP, SDK
High Court Judge Kuala Lumpur (Criminal 5)
(Appointed High Court Judge on 28 July 2006)

QUOTE:

"...The court does not exclude the possibility the (DNA) samples were compromised.

Therefore the accused is ACQUITTED...."
-High Court Judge Dato' Mohamad Zabidin Bin Mohd Diah

Read here for more and HERE and HERE

The High Court today acquitted Datuk Seri Anwar Ibrahim of a charge of sodomising his former male aide Mohd Saiful Bukhari Azlan.

Judge Mohd Zabidin Mohd Diah ruled that the prosecution had NOT DONE ENOUGH to prove Anwar had committed sodomy against Saiful.

“After going through the evidence, I cannot be 100 percent certain that the evidence could have been compromised.

Hence, the court is reluctant to convict on such corrobaration of evidence from SP1 Saiful.

The court does not exclude the possibility the (DNA) samples were compromised. Therefore the accused is acquitted.” he ruled to shouts of joy from Anwar’s supporters and family.

Anwar, a former deputy prime minister was charged with sodomising Saiful at the Desa Damansara condominium between 3.01pm and 4.30pm on June 26, 2008. He had been similarly indicted of sodomy over a decade ago and was found guilty. He spent six years in jail before being exonerated.

Anwar's wife Dr Wan Azizah Wan Ismail cried and hugged her elated husband.

In an immediate reaction, Anwar thanked his lawyers.

"I'm finally vindicated after the smearing of my character. I'm thankful to Wan Azizah and the team of lawyers led by Karpal Singh."

He also thanked the support of Pakatan Rakyat leaders.

"We want to continue on the reform agenda, fighting corruption, and freedom of the press."

WALL STREET JOURNAL: "Malaysia - One of the MOST Notorious and Long-Running Abuses of Power in the Muslim World "

READ HERE FOR MORE

8 January 2012

“We have a stake not just in the stability of nations, but in the self-determination of individuals.

…Failure to speak to the broader aspirations of ordinary people will only feed the suspicion that has festered for years that the United States pursues our own interests at their expense”.
–Barack Obama, US President

We have a stake not just in the stability of nations, but in the self-determination of individuals.”

That was President Obama at the State Department last May, rolling out his own version of the freedom agenda for the Muslim world.

So why has the Administration been virtually silent when it comes to one of the most notorious and long-running abuses of power taking place in the Muslim world today—this one in our good friend and ally, Malaysia?

The abuses in question concern Malaysian opposition leader Anwar Ibrahim, who on Monday faces a verdict—and potentially years of jail time—on dubious sodomy charges.

Mr. Anwar first went through this charade as a deputy prime minister in the late 1990s, when he fell out with then-Prime Minister Mahathir Mohamad during the Asian financial crisis, was savagely beaten by police and ultimately sentenced to prison on sodomy and corruption charges.

Mr. Anwar spent six years in prison. In 2004 the sodomy charges were overturned by the country’s highest court—a year after Mr. Mahathir had left office.

Yet Mr. Anwar was again served with sodomy charges four years later, after the ruling UMNO party had lost its two-thirds majority and the opposition seemed close to assembling a parliamentary majority.

The current case is even flimsier than the last one. It is based mainly on the word of one accuser who, as it so happened, had met with then-deputy prime minister, now Prime Minister, Najib Razak days before the alleged incident.

Doctors at two hospitals could find no evidence of rape in the aftermath of the alleged incident. Nonetheless, political observers anticipate a guilty verdict.

This is happening in the context of growing discontent among Malaysians with UMNO’s ruling order, and Mr. Najib’s ambivalent attempts at political reform. But if that’s reminiscent of the unhappiness that presaged the Arab Spring, so too is the don’t-rock-the-boat attitude of the Obama Administration.

Malaysia is supposedly a moderate Muslim country and a useful regional counterweight to China, and the President was full of praise for Mr. Najib’s “great leadership” when they last met in November.

As for Mr. Anwar, the State Department has publicly offered no more than boilerplate about his case. Perhaps quiet diplomacy is now at work on Mr. Anwar’s behalf, but that kind of diplomacy is fine only as long as it produces results.

In the meantime, Malaysian democracy could benefit from a sign that the U.S. is not indifferent to Mr. Anwar’s legal ordeal or to the political system that has allowed it to continue. U.S. interests could benefit as well.

“Failure to speak to the broader aspirations of ordinary people will only feed the suspicion that has festered for years that the United States pursues our own interests at their expense,” said Mr. Obama in May.

Mr. Anwar’s case gives the President a chance to show that he meant what he said.

Ex- UMNO ADUN says, " DAP is MORE Relevant and Functional in Achieving a MORE Democratic and Abuse-FREE Society."

by

Dato' Mohd.Ariff Sabri bin Hj. Abdul Aziz. aka "Sakmongkol AK47"

Read here for more


I am not going to respond to the xenophobic responses around news that Aspan Alias and Sakmongkol are about to join DAP. No explanation will be able to change preconceived biases. So why bother? So we are about to join or have joined DAP.

The DAP is a democratic party committed to the rule of law, good governance and good government. It abhors corruption and abuse of political office. To me those are attractive propositions.

UMNO on the other hand has turned its back on these. It harps only on one primal worry of Malays- when UMNO is threatened it shares the threat with Malays at large.

So a threat to UMNO is translated mindlessly into a threat to Malays as a whole. Nothing can be farther from the truth.

That is how UMNO has approached politics in Malaysia basically- make its fears public, make the gains private for selected Malays within UMNO.

I have only one message to that- those salad days and that halcyon period are over.

UMNO is trapped by its own successes. Indeed its supporters and leaders assume ownership of the wrong things and end up digging in to support the wrong choices.

My answer is, if we do indeed change our political vehicle that is what we are actually doing. Don’t read our move as blasphemous or treasonable.

The DAP is more relevant and functional in achieving a more democratic and abuse-free society. As a Muslim, we are changing wadah not aqidah.

So, I thought it would be more substantive to answer my critics by writing an article, why shouldn’t Malays embrace DAP politics? That’s the only way to dominate and conquer your fears.

• How has DAP politics been inimical to the general political health of this country?
  
  
• Can any DAP Chinese leader be a PM when it’s contesting only at most 50-55 seats?
  
  
• Can any DAP non Malay leader harbor the dream of becoming a PM in a country dominated by Malays?
  
  
• Has the DAP threatened the institution of Malay rulers?

DAP has never done THAT or will NOT be mad to countenance such rebellious idea, but UMNO on the other hand has insulted the Malay rulers way back in 1998 constitutional crisis.

Can we reasonably accept the allegation that the DAP is instrumental in claims that Malays are being converted into Christians when most DAP members are NOT themselves Christians?

We have to do better than that to take Malays as imbeciles. Only UMNO seems to do that.

1. But DAP is Chinese chauvinist party and anti-Malay. I will answer by examining the deeds rather than slogans.
   
   When I was an ADUN in the Pahang Legislative assembly ( 2004-2008) I have NEVER heard the lone DAP member ever speak about anti Malay themes. He spoke about abuse of power, about mindless spending, he spoke about maladministration.
   
   The first book Lim Kit Siang writes that I read was Time Bombs in Malaysia. After that I read so many books written by Kit Siang that touched on the Maika Scandals, the BMF financial scandal and so on.
   
   If we are honest enough, we have to admit, the issues raised were never about one race dominating the other but were always about the abuses of those in power, corruption, and a continuous attack on policies that are ruinous to this country.
   
   So we are going to oppose Kit Siang on the basis of the fact that these things are spoken of by a Chinaman?
   
   To the Chinese UMNO is also a chauvinist Malay party except, their leaders can be easily bought. The Malay will sell all to abandon their cause. Er…correction, the UMNO Malay, I mean.
   
   
2. I would also like to respond by saying- WHY Malays SHOULD consider joining DAP en masse. It’s a party committed to democratic principles and rule of law. I can only imagine, so many can prosper under a regime of freedom of speech within DAP.
   
   I can speak on the plight of the displaced and disowned Malays with more energy than allowed of in UMNO. The interest of Malays can be fought of on any political platform other than UMNO. That is what UMNO fears. Its monopoly is broken.
   
   So the past week I have had many friends calling me asking whether it’s true I am joining DAP? Some folks in my hometown, Pekan refer to me now as Dato DAP. I find the responses somewhat amusing and comical.
   
   
3. There was a comment reminding me and Aspan as to who started May 13? The thrust of that reminder is to remind us; of his and others belief that DAP started the May 13 incident.
   
   Ok, you want to play ball, we play ball too.
   
   Since you want to know, what if I say Tun Razak allowed it to happen because the ensuing troubles would give him an excuse to kick out Tengku Abdul Rahman? The point is, there was no single contributor to the May 13 incident.
   
   But I would place some blame on Tun Razak who as Home Minister allowed things to degenerate. He allowed it so that a proclamation of emergency can be made.
   
   
4. Finally, let me deal with certain responses from certain pro UMNO bloggers. The chief spokesman is of course that paid lackey and buffoon of a regurgitating machine. He does nothing but regurgitate material passed on to him by his paymasters.
   
   The material he writes and posts therefore emits the strong smell of vomit. The owner of the lard layered brain does what he does best- spewing personal attacks. And so he invites comments from likeminded mental gnomes to do what he has orchestrated.
   
   Why the paranoia?
   
   If we are not good, failed ADUN, bankrupt politicians, it will be cinch for any winnable UMNO candidates to beat us.
   
   So, it’s no cause of concern or a sleep depriver. But please remember to stop telling lies about us so that we can promise not to tell the truth about you.

I see a sense of hopelessness.

They cannot attack our nationalist credentials because we are as Malay as they are too ( to some we are , in fact more Malay in appearance and in thinking) – so they do what they do best.

Attack me on the personal side. No big deal.

My advice to these UMNO bloggers is simple. Please stop telling lies about me, and I promise not to tell the truth about you people.

And telling the truth about you people includes telling the truth about top UMNO leaders including the PM who is Pekan UMNO division head.

If we are so easily beatable, then why all the fuss?

We can’t do damage to invincible UMNO. We on the other hand, see UMNO as the party before, presently and forever stealing, pillaging and ruining the country.

The Forgotten Malaysians: Malaysian Indian Poor

How WE (MALAYSIANS) fail the Malaysian Indian Poor

By

Anas Zubedy

Read here for more

After 54 years as a country, it is unfortunate that a lot of non Indian Malaysians do not yet know the Indians.

For example, a lot of Malaysians still do not know the difference between Punjabis and Bengalis, and in some instances in recent years this confusion has been the topic of public discussion.

This goes back to the time of Independence and the formulation of our principal social engineering programme, the NEP.

With all due respect to the Tun Abdul Razak administration which created it, one of the main reasons why some parts of the Indian community is still stuck in the trenches of poverty are because the NEP was not extended to help those in the estates.

While the NEP helped the Malays and Bumiputera out of poverty and managed to create a group of middle class Malays, it overlooked the needs of the real composition of Indians.

The NEP was designed based on the per capita income of the Malay, Indian, Chinese and foreigner population. At the time, the Chinese had the highest percentage of per capita income, the Indians second, the Malays had the lowest.

However, as for the Indians, because we did not understand them, we grouped all of them in one big group.

What we did not realise is that the Indians are not a homogenous group, but made up of different groups that came in several batches. While there are a small group of Indians who were wealthier, about 10 million of them came to Malaya as buruh kasar.

Understanding in the Indians

Based on the average between the incomes of the small group of middle class Indians and the larger community of poor Indians, the statistics drawn were inaccurate.

It shows as if the Indians were doing okay, but in reality a big cluster of them were as poor as the Malays and Bumiputera.

It is sad that because we do not really understand our Indian brothers and sisters, we have allowed their poverty problem to continue as a legacy until today.

Now that our PM has vowed to address this issue, it is important that we know who they are, where they are and where they are going.

I recommend a book by Muzafar Desmond Tate called ‘The Malaysian Indians: History, Problems and Future’.

Here are several important points from the book. As I mentioned earlier, the Malaysian Indians are not all the same, but are made up of different smaller communities.

One major way the Malayan Indians were divided were the separation between Hindu and Muslim.

Another thing was social division into four major class groups:

’1) The elite, consisting of professionals, high government officials and senior executives in leading private firms;

2) An upper, English-educated middle class consisting mainly of government servants;

3) A lower, vernacular-educated middle class, comprising merchants, school teachers, journalists, smallholders, all largely outside government service;

4) Labourers in government service – the PWD, medical services, railways, the docks and the municipalities of large towns – and in private employ, particularly on estates.’

Tate writes that the Indian community remained highly compartmentalised as there was very little interaction between these groups, and hardly any social mobility existed for them.

A large number of Tamils who arrived in Malaya during the British colonial period were drawn from the lowest ranks of Tamil society and came as contract labourers for tin mines and agricultural estates.

They were ‘virtually debt slaves’ from the point they came to Malaya, having to work off the costs of their passage and recruitment under the contract system. Their wages were so meager that this would take them their whole term of service.

The upper-class

Besides this large group of Tamil labourers, there was also a small group of upper-class Tamils who came by their own resources. These were men of trade, commerce and finance, and Tate writes that this upper class, though small in numbers, were very significant as they ‘exerted an influence out of all proportion to their numbers’.

After Merdeka, the rift between the more affluent middle class and the larger number of Indian estate workers who ‘hover on the borders of poverty’, continued to exist.

The middle class was doing fine, dominating certain professions like law and medicine.

The enrolment of children into primary and secondary schools also remained the same. But for those in the rural areas, especially in the estates, the problem of poverty seemed intractable.

At the same time, the greatest shift that happened post-independence is urbanisation, which brought new social problems with it.

This was the ‘new poverty syndrome’ of the rootless Indians in the town. While the strategies of the NEP brought growing industrialisation, the Indian workers who left the estates found that they were in no position to compete in the towns.

They were uneducated and had no command of English, they lacked technical skills and were once again forced to live under squalid conditions.

The NEP, on the other hand, did not extend its benefits to the estate workers. The official rationale was that these workers were employees of the private limited companies who owned the estates, and thus they did not fall under the scope of the NEP.

Living below poverty line

In reviewing the Second Malaysia Plan (1970 – 75), the authors of the Third Malaysia Plan concluded that the aim of eradicating poverty in the plantation sector did not make progress.

Two-fifths of the estate workers were still living below poverty levels and unemployment was high.

Even at the end of the term of the Third Malaysia Plan in 1980, very little progress had been made towards the eradication of poverty.

In other words, Tate concludes that due to the segregation between the middle class Indians and those in the estates, and the failure of the NEP to support the Indians below the poverty line, essentially, the major problems of the Indian community remained the same in 2000 as they were before 1957.

This problem of poverty has become the legacy issue that we have to urgently deal with, along with the contemporary issues of the social problems of the urban squatters.

To really move to help the Indian poor out of poverty, any action taken cannot be a once-off thing. We need to define a target, the same way we implemented the NEP with specific goals.

There are several mechanisms we can put into place. Education is the first thing we need to look into. We can open up boarding schools like Maktab Sains MARA to make sure the children are provided a level playing field in education.

We can provide channels for skills-based training and open up job opportunities. For those who are not able to read and write, we can perhaps provide vocational academies for them to learn the basic skills they need.

To help the poor Indians, there needs to be provisions for the whole process from homes to schools to jobs, so that within one generation we can reduce poverty among the Indian poor and move them into the middle class via education and support, just like what we did for the Bumiputera under the NEP.

We must remember and take to heart that the Malaysian Indian poor problem is not an Indian problem, but a Malaysian one.

Senator Ezam Noor Quit PKR BECAUSE He Needed MONEY and "Ashamed Having to Live Off His Wife's Income".

Quote

"I am jobless and without any source of income.

I no longer earn US$3,000 a month as a director of a company in Indonesia as the company has closed down.

I have to look for opportunities to be appointed director for one or two companies.

I can only do this if I can prove that I have left the party (PKR).”
-Ezam Noor

Read here for more in Malaysiakini

The Syed Husin Memoir: Ezam quit for Money

EZAM NOOR

Quoting conversations from his lengthy political career, the much-anticipated memoir by former PKR Deputy President Syed Husin Ali lends credence to suspicions surrounding once-PKR Youth chief Ezam Mohd Noor’s defection.

In a chapter dubbed ‘Ezam’s excuse for leaving the party’, the veteran politician shared that Ezam had told him a month before his resignation that he was “broke” and “ashamed” for having to “live off his wife”.

According to Syed Husin, Ezam had on May 13, 2007 told him that he was then “jobless and without any source of income”.

“I no longer earn US$3,000 a month as a director of a company in Indonesia as the company has closed down,” he was quoted as saying by Syed Husin.

“I have to look for opportunities to be appointed director for one or two companies. I can only do this if I can prove that I have left the party.”

The revelation, which the writer said was “absolutely unexpected”, came after Syed Husin asked Ezam about rumours that the latter had submitted a resignation letter to the Selangor PKR secretary.

“Doctor, I am quitting. Azmin (Ali) is no longer my enemy, (PKR de facto leader) Anwar (Ibrahim) is. Trust that I will do anything to destroy him,” Ezam purportedly said.

Syed Husin said Ezam’s “forthrightness” came as a “big shock”, and that he had sent a note to Anwar regarding the conversation, shortly after which the promising youth wing leader quit the party.

Narrating his reactions during the conversation with the now BN senator, Syed Husin said that he wondered if Ezam had been “bought by UMNO”.

“I remembered a letter sent to me by (activist) Hishammuddin Rais when he was behind bars,” he said, not mentioning the contents of the letter.

But while his matter-of-fact tone does not betray much about how he had felt over the incident, his views on Ezam indicate that the latter’s decision to quit had disappointed Syed Husin.

“I felt that Ezam had potential to play an important role in the party. It even crossed my mind that he could be promoted as a candidate for the deputy presidency,” he wrote.

MP ZULKIFLI NOORDIN:‘ The price is RM60,000



In a separate chapter, the memoir reveals how another former PKR man was said to have sought a cash payment from the party to quit his seat.

Kulim Bandar Baru parliamentarian Zulkifli Noordin, now Independent, was alleged to have asked for RM60,000 to vacate his seat in order to make way for Anwar to contest and get back into the Dewan Rakyat.

This was after Anwar’s ban from contesting elections, following his earlier conviction, was lifted on April 14, 2008. “(Zulkifli’s) win was challenged by the UMNO candidate who claimed that Zulkifli had not submitted his expenditure report.

“I was told Zulkifli (left) at first agreed to vacate his seat with the condition that he is paid by the party, word has it RM60,000, although I cannot ascertain the exact amount,” he wrote.

This, however, fell through as UMNO withdrew their election petition against Zulkifli, leading to the latter changing his mind about vacating his seat.

Zulkifli had months later criticised Anwar and the party, including on his blog “which was given much airtime by UMNO-owned media”. He was later sacked from PKR by the disciplinary committee.

Syed Husin said Zulkifli’s “slander” went into high gear later, “especially after he and another who had left the party, (Bayan Baru MP) Zahrain Mohd Hashim, were taken to the United States by the PM”. “According to Zulkifli, they had discussions with the PM every night,” he wrote.

Anwar later contested in Permatang Pauh after his wife and Party President Wan Azizah Wan Ismail stepped down to trigger a re-election.

“I know it wasn’t easy for Wan Azizah, as she liked being an MP. She often spoke about what had happened in Parliament in meetings,” he said. Wan Azizah’s decision, Syed Husin said, was an example of the sacrifices she makes for her husband.

The Make-Up of the Malaysian Judiciary: Who We Appoint to the Seat of Justice is a Matter of LIFE and DEATH for Malaysians

Quote

"....Who are THESE JUDGES who wield such power over us, a power reserved for GOD?

Who are these MERE humans with the power to wrest children from their mothers and to condemn men to death or cage them like beasts in penitentiaries?

Who possesses the power to strip us of our professions, our possessions, our very lives?

THEY make law.

THEY may take away your wife or your good name or your freedom or your fortune or your life.

THEY are omnipotent.

And the question is: To whom have we so carelessly granted that power?

Are THEY the kind who would understand YOU , who from their experiences would know something of the fears and struggles you have faced?

Will THEY care about YOU or about JUSTICE?”
- Gerry Spence,
American lawyer

Judicial Diversity Creates Confidence

by

Roger Tan

Read here for more

How does Malaysia fare with judicial diversity?

Is ours a more representative bench?



The table shows the racial composition and gender of the judges in our superior courts.

As the table shows, there is a fair number of women and non-Malay judges at the High Court level, but not in the appellate courts.

In fact, since Merdeka, only one white, two Chinese, one Indian and one woman were appointed to head the High Court of Malaya.

They were, respectively,

1. Tun James Beveridge Thomson (1957-1963);
   
2. Tan Sri Ong Hock Thye (1968-1973) and Tan Sri Gunn Chit Tuan (1992-1994);
   
3. Tan Sri Sarwan Singh Gill (1974-1979); and
   
4. Tan Sri Siti Norma Yaakob (2004-2006).

JUDICIAL APPOINTMENTS COMMISSION

Further, the members of our Judicial Appointments Commission comprise:

1. six Malays,
   
2. one Chinese,
   
3. one Indian and
   
4. one east Malaysia bumiputra, and
   
5. only one of the nine members is a woman.

To my mind, the situation could be due to a dearth of non-Malays in the Judicial and Legal Services, but overall women still outnumber men in this sector.

SESSIONS COURT

Currently, in respect of Sessions Court judges, there are:

1. 119 Malays (56 are women),
   
2. two Chinese (women),
   
3. five Indians (three are women),
   
4. nine east Malaysia bumiputras (four are women) and
   
5. one Others (a woman).
   

MAGISTRATES COURT

For Magistrates, there are:

1. 139 Malays (84 are women),
   
2. two Chinese (men),
   
3. one Indian (woman) and
   
4. four east Malaysia bumiputras (all men).

However, there are probably MORE non-Malays serving in the Attorney General’s Chambers.

But if other judicial officers such as deputy and assistant registrars are added, women would almost double men.

This is not a new phenomenon as, in the last two years, women have doubled the number of men entering the legal profession.Of course, non-Malay law graduates prefer to enter the legal profession rather than join the Judicial and Legal Services with the view, whether rightly or wrongly, that private practice is more lucrative.

In fact, with the revised remuneration scheme, the current basic pay of a magistrate who is a fresh law graduate is RM1989.45 (with additional perks worth about RM1,000 depending on the location where the magistrate serves).

This, of course, is far better off than his predecessor in earlier days, like in the early 1980s when a magistrate’s basic pay was only about RM1,050.

In any event, if the reason for under-representation in the appellate judiciary by NON-MALAYS is due to a lack of meritorious candidates in the Judicial and Legal Services, then resort should be had to the pool of meritorious candidates among senior members of the Bar just like in the case of Jonathan Sumption, QC who recently made history by being the first lawyer to be elevated directly to the Supreme Court of the United Kingdom.

Having said that, let no one mistake me as advocating a quota system or positive discrimination on the grounds of gender, race and religion in judicial appointments because that would go against Article 8(2) of the Federal Constitution.

I am also mindful of the views expressed by some women judges themselves, such as the former justice of the Supreme Court of Canada, Justice Claire L’Heureux-Dubé. She argued that it was not enough to have simply more women or minorities on the bench. “What we need”, as she was quoted by Australian judge, Justice McHugh, “is a change in attitudes, not simply a change in chromosomes.”

I disagree.

If there exists a total absence or a huge disproportionate presence of women and minorities at appellate courts, something must be wrong somewhere.

It is my considered opinion that the Judicial Appointments Commission should always encourage a diverse judiciary which is more representative of the make-up of our country.

We must also correct any perception that our judges, who are the arbiters of civil laws, are not fair and independent especially when they adjudicate upon sensitive issues such as race and religion.

It follows that who we appoint to the seat of justice is a matter of life and death.

As one of America’s finest trial lawyers, Gerry Spence, put it so trenchantly:

“Who are these judges who wield such power over us, a power reserved for God?

Who are these mere humans with the power to wrest children from their mothers and to condemn men to death or cage them like beasts in penitentiaries? Who possesses the power to strip us of our professions, our possessions, our very lives?

“They make law. They may take away your wife or your good name or your freedom or your fortune or your life. They are omnipotent.

And the question is: To whom have we so carelessly granted that power? Are they the kind who would understand you, who from their experiences would know something of the fears and struggles you have faced? Will they care about you or about justice?”

It is, therefore, my honest view that judicial diversity and meritocracy should go hand in hand because a judiciary which does not reflect the society’s diversity will ultimately lose the confidence of that society.

In other words, the strength of any judiciary is primarily dependent on public confidence even if seated on the bench are monolithic judges who are most meritorious.

This is achievable if there is the political will, and one only need to look at how successfully Presidents Bill Clinton and Barack Obama did in bringing diversity to the American judiciary.

Selangor Sultan Provoked Constitutional Crisis by Demanding Through Royal Decree MORE Powers from Selangor State Legislature

Read here and here

Selangor state assemblymen are seeing red with what appears to be royal intervention in the RUNNING of the State Legislative Assembly.

In July, every state assemblyman allegedy received a letter from Sultan Sharafudin Idris Shah, commanding them to agree to amendments that would supposedly give the Ruler more power over Islamic affairs. (The state assemblymen) say it could have led to a constitutional crisis.

The letter was accompanied by a Selangor government gazette with proposed amendments to the Administration of the Religion of Islam (State of Selangor) Enactment 2003.

One assemblyman , who spoke under condition of anonymity, said they saw the letter on their desks at about 9:30am when they attended the July 11 state assembly sitting.

He said,

“We did not know what to do. We were totally shocked. It was a very delicate situation. If we went against it, it would have caused a constitutional crisis.

The Sultan is supposed to act on the advice of the state government, not the other way around. Even in the matters of Islam and Malay culture, the Sultan has to act on the advice of the state administration.

WE DIDN'T WANT TO FIGHT THE PALACE. We had respect for the palace. WE LET IT PASS.”

He added that if the assembly had snubbed the letter and voted against the proposed amendments, it would have been played to the hilt by both the mainstream and the Umno-led state opposition.

Phone call from palace

Another assemblyman, who also spoke to FMT anonymously, said that the proposed amendments were initially made available at a state pre-council meeting, a “few days” before July 11.

According to the state assemblyman:

• Many state assemblymen present at the meeting were unhappy with the bill and hotly debated the details. “They voiced their displeasure at the bill. They felt they should have been consulted first because of its importance.
  
  
• The Selangor mufti, state legal adviser and aides to the various assemblymen were also at the meeting
  
  
• Menteri Besar Khalid Ibrahim said he was troubled by the introduction of the amendments.
  
  
• "The MB requested that the bill be kept in abeyance pending further study.”
  
  
• “The MB asked the officers to leave and the assemblymen to stay to discuss the bill.”
  
  
• Halfway through the discussion, Khalid had to step out to take a call from the palace. Apparently, the displeasure of the state assemblymen had been conveyed to the palace.
  
  
• “The MB did not make it clear what the palace had said, but the assemblymen took the cue, and understanding his (Khalid) predicament, did not pursue the postponement of the bill.”
  
  
• The Sultan EXCEEDED his powers when he ordered assemblymen to pass the amendments.
  
  
• Nevertheless, the BILL WAS PASSED after three readings.

Sultan’s Letter to the Selangor State Assemblymen

The letter was issued from the Alam Shah palace in Klang on July 11 and has the Sultan’s signature on it.


A copy of the letter was given to Free Malaysia Today (FMT) by an anonymous sender.

A letter from the Sultan’s private secretary, Mohamed Munir Bani, to state assembly secretary Mohamad Yasin Bidin was also provided to FMT.

It reads:

“I respectfully present the decree of His Majesty the Sultan of Selangor… to be distributed to all Selangor State Assemblymen immediately.”

The proposed amendments would:

1. Make the administration of all mosques and suraus fall under the purview of the Selangor Islamic Religious Council (MAIS).
   
   
2. This responsibility was previously held by the director of Selangor Islamic Religious Department (JAIS).
   
   
3. Give the Sultan the right to directly appoint anyone to the post of MAIS secretary.
   
   
4. Remove the need to record in verbatim every resolution and policy made during MAIS meetings.
   
   
5. Require all practising Syariah lawyers in the state to be Muslim.
   
   
6. Require cheques issued by MAIS to be drawn according to its own financial procedures.
   
   
7. Remove the need for MAIS and any corporation established under the Enactment to adhere to provisions in the Statutory Bodies (Accounts and Annual Reports) Act 1980.
   
   
8. Give MAIS the power not only to collect zakat and tithes, but also to distribute it.
   
   
9. Give MAIS the power to appoint anyone as mosque officials.
   
   
10. Give MAIS the right to control and direct the duties of mosque committees.

There were 22 clauses stated in the provided gazette, with amendments to 21 sections within the Enactment.

A Pakatan Rakyat leader, who asked to remain anonymous, also said he suspected that Umno had pushed the palace said,

“The Sultan has been advised by Umno for 50 years. This put His Majesty in a very difficult situation. This was a ploy by Umno to put Pakatan at loggerheads with the Sultan.

He defended the Sultan as an “objective” person, but said Mohamad Munir, being pro-Umno, had made it difficult for Khalid to get an audience.

Sungai Panjang state assemblyman Mohamed Khir Toyo claimed ignorance of the matter, while Seri Serdang assemblyman and state opposition leader Mohamad Satim Diman could not be contacted.

RELATED ARTICLE

Selangor Sultan Over Stepped Constitutional Boundaries, says Law Expert Aziz Bari

The Selangor Sultan may have overstepped his powers by commanding state assemblypersons to pass a Bill back in July, said Universiti Islam Antarabangsa (UIA) law professor Abdul Aziz Bari.

He said this when asked to comment on a decree signed by Sultan Sharafudin Idris Shah, ordering them to pass a slew of amendments to EXPAND the powers of both the SULTAN and Selangor Islamic Religious Council (Mais) over Islamic affairs in the state.

The decree, dated July 11, a copy of which was given to Malaysiakini was attached with a letter signed by the sultan's private secretary, Mohamed Munir Bani.

To AVOID another confrontation with the palace, Pakatan Rakyat lawmakers COMPROMISED and PASSED the amendments to the Administration of the Religion of Islam (State of Selangor) Enactment 2003, although they saw it as a form of ROYAL INTERVENTION with the STATE LEGISLATURE.

Since taking over the state government in March 2008, Pakatan has been at loggerheads with the palace over several issues.

Constitution Does NOT Provide Sultan with the Powers

Aziz, an expert in constitutional matters and have written extensively on the role of the monarch, said the constitution may not provide the sultan such powers.

He pointed out that although the Federal Constitution - Article 3(2) and Section 1(2)(d) of the Eighth Schedule - clearly states that the sultan can act without or against the government on matters pertaining to Islam and Malay customs, it was SILENT on the part of the legislature.

Aziz Bari said,

"While on Islamic matters the sultan may ignore the government advice, the same may NOT be applicable when it comes to the legislature.

We are NOW dealing with the legislative power over which the government CANNOT control. In fact the government is subservient - or answerable - to it.

The sultan is only free from government, but that does NOT mean that he (Sultan) is also free from the House.

Nonetheless interference in such petty matters, could make the monarchy, which ought to be aloof and symbolic, embroiled or entangled in mundane and routine matters, thus putting its integrity at stake.

It is just too much and would jeopardise the integrity of the palace; especially after what happened in Perak and Selangor after 2008.The fear is the powers may be exercised by some other parties.

For one thing the sultan may be too busy and this may lead to a situation where certain parties step in under his name.

Given that, what will happen to his role and position as the father figure of the state?"

Some of the amendments that give Mais the power to collect and distribute zakat as well as fitrah and free the council's account from being audited by the Auditor-General, were simply taking a reverse direction against calls for greater accountability.

Perhaps we can look at one example - the state awards. Although the constitution acknowledges the power of the sultan, it also makes it compulsory to get the consent of the legislative assembly should this have a financial implication.

It (the amendment) can exempt the bodies concerned from scrutiny and this is bad from the constitutional point of view."

Another controversy that has arisen from the amendments, is giving Mais the authority to administer mosques and suraus, including the power to appoint mosque officials and to direct the duties of mosque committees.

There are quite many mosques and suraus that have been built by the peoplehttp://www.blogger.com/img/blank.gif themselves; not from the public purse.

The new provision could be used against these privately-funded mosques and this is not good.

"This is where the position and power of the sultan needs to be seen in the light of Islamic ideals that actually stand at the very heart of the provision concerned."

Selangor Sultan's Demands for Amendments to a Selangor state law removes Selangor's Islamic Religious Council (MAIS) Accountability to the State Government.

Read here for more

It’s a bitter pill to swallow for many Selangor assemblymen now that the government may have lost control over the state’s Islamic administrative matters and the estimated tens of millions of ringgit in annual zakat collections.

The amendments made in July seemingly allowed the state’s Islamic Religious Council (MAIS) to be accountable only to the Sultan of Selangor, Sultan Sharafudin Idris Shah, bypassing the state government in the process. The amendments affected the Administration of the Religion of Islam (State of Selangor) Enactment 2003.

Previously, Section 16 of the Enactment – which was passed at the July State Legislative Assembly sitting – enabled the director of Selangor’s Islamic Religious Department (JAIS) to be appointed as MAIS’s secretary.

The secretary would also act as the council’s chief executive officer and administrator, and was responsible for carrying out MAIS’s policies and resolutions.

However, the July amendments took that detail out, and allowed the Ruler “on advice of the Majlis” (MAIS) to appoint the council’s secretary.

Speaking under condition of anonymity, a state assemblyman said that the change allowed MAIS to snub summonses from the State Legislative Assembly’s committee.

He told FMT.

“In one occasion, MAIS was summoned by a House committee overseeing statutory bodies and subsidiaries.

They refused to appear on the grounds that they were not subject to the committee.”

Zakat money

The assemblyman added that MAIS was a statutory body created by the Enactment, and had financial autonomy in its affairs. He said,

“They still have to table their audited accounts before the House… They can appoint their own auditors… But they are not duty-bound to come before the committee.

The effect of this, politically, is a government within a government, and Islamic affairs are taken out of the control of the state government,. .

This was of special concern, the assemblyman added, given that the amendments also gave MAIS the power to collect and distribute zakat as well as fitrah.

Selangor zakat money came up to about a third of the state government’s annual revenue which was roughly RM1.4 billion."

With this in tow, MAIS, according to an anonymous Pakatan Rakyat leader, could do whatever it wished with its companies without worrying about the state assembly looking over its shoulder.

The Pakatan leader said,

At the policy and state level, MAIS has six or seven government-linked companies under it… They said that the (state) government has no shared interest in MAIS’ corporations.

So they tried to twist this (to their advantage), by saying that the administration (of MAIS) is under the Sultan…

If we raised our voice (against it), they will raise the issue of derhaka (betrayal).”

Royal appointments

FMT previously reported that Selangor state assemblymen allegedly received a letter from the Sultan at the July 11 state assembly sitting, commanding them to agree to these amendments.

Caught by surprise and fearing a constitutional crisis in the event of a refusal, Pakatan state assemblymen ALLOWED the amendments to be passed without a hitch.

Currently, the Sultan has the power to appoint the MAIS chairman, deputy chairman and “not fewer than eight other members” to the council.

MAIS also consists of five ex-officio (automatic) members – the state secretary, state legal adviser, state financial officer, the mufti and the chief police officer.According to the anonymous state assemblyman, the building and administration of mosques and suraus were also affected by the amendments.

JAIS, as well as the state government, he claimed, would have to spend money to build them, while the administration of these buildings would fall under MAIS’ purview.

“Now, to build a mosque or a surau, you have to get approval from MAIS… Construction of the mosque is under JAIS, but the management is under MAIS,” he said.

Another interesting development was the deletion of Section 85 of the Enactment.

Provisions of the Statutory Bodies Act (Accounts and Annual Reports) Act 1980 now no longer apply to MAIS.

No need for audit

According to Malaysian Centre for Constitutionalism and Human Rights lawyer K Shanmuga, this meant that MAIS did NOT have to submit its accounts to the Auditor-General.

He said,

“The effect of the amendment is that the accounts of MAIS (and any other statutory corporation established by MAIS under the Enactment) will no longer have to be audited in accordance with the Audit Act 1957 and submitted to the Auditor-General each year.

In fact, there appears to be no provisions in the Administration of the Religion of Islam Enactment requiring any audit.”

A script read by the proposer of the amendments passed at the July 11 state assembly sitting was also provided to FMT.

In regards to Section 85, it read:

“This section was abolished because the council is not included in the definition of ‘Statutory Body’ in regard to the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240].”