The news extract below just illustrates some people's shallow and inconsistent policy.
The poco-poco dance should be allowed if it is for health reasons, said former Perlis Mufti Dr Mohd Asri Zainul Abidin.
There was no rational reason for the dance to be banned by the Perak Fatwa Committee if it did not involve alcohol or free sex, he wrote in his blog Thursday.
Mohd Asri was responding to Perak Mufti Tan Sri Harussani Zakaria's recent announcement that the poco-poco dance would be banned, describing it as "haram" to Muslims.
Perak Mentri Besar Datuk Seri Dr Zambri Abdul Kadir had since said that it would adhere to the ruling made by the committee.
Barisan Nasional Youth chief Khairy Jamaluddin said he thought the edict was a case of misplaced priorities and that the intention behind the dance needed to be considered.
PAS central political bureau member Khalid Samad described the decision as "ridiculous" and "completely unacceptable."
"People are basically doing it for exercise with no religious intentions behind it," he said.
Meanwhile, in Putrajaya, Deputy Minister in the Prime Minister's Department Datuk Dr Mashitah Ibrahim said the poco-poco dance was just another form of exercise and should not be banned nationwide, Bernama reported.
"The dance differs from one place to another. Even the songs are different. It has probably become an issue in Perak, but in other states, the dance is regarded like another form of an exercise," she told reporters.
"So far, the decision has yet to be gazetted and has not taken effect. When it takes effect, it will only be in Perak as the decision was not the collective decision of the muftis nationwide."
When asked whether the Malaysian Islamic Development Department would consider banning the dance, Mashitah said it would be done if there was a complaint from the public.
"So far, there is no complaint which says that the dance is associated with the elements that contravene Islamic religious teachings. So, if nobody complained, there is no reason for us to study it," she said.
Najib Tun Razak yesterday launched the ‘Unit Peneraju Agenda Bumiputera’ (Teraju) to further strengthen the Bumiputera development agenda.
The prime minister said the unit would lead, coordinate and drive Bumiputera economic participation through new and existing initiatives.
He said Teraju has been tasked to focus on five areas; They are:
• Entrepreneurship and Wealth Creation
• Funding
• Education and Employment
• Institutional and Policy Instrument Review
• Stakeholder Management
Najib was speaking to reporters after chairing the Bumiputera Agenda Action Council (MTAB) meeting at his office here.
Present were Deputy Prime Minister Tan Sri Muhyiddin Yassin and Chief Secretary to the Government Tan Sri Mohd Sidek Hassan.
To ensure effective implementation of Bumiputera initiatives, Najib said Teraju’s roles and functions would encompass several aspects and dimensions.
“Teraju has been asked to produce results in a short period. This include taking actions that can yield success in a short span of time.
“Teraju has also been asked to enhance institutional effectiveness including reviewing existing institutions to see whether there are no overlapping of duties with other bodies and institutions and to gauge the effectiveness of the institutions and programmes being implemented,” he said.
The prime minister said Teraju would also function as the secretariat for MTAB besides working with related agencies to identify new programmes so that all actions taken were well coordinated, he said.
To ensure effective and objective assessment of the initiatives, Najib said Teraju would update its database and monitor programmes underway.
“Teraju is also required to cooperate and be closely engaged with stakeholders including chambers of business, non-governmental organisations and related bodies with regard to the programmes implemented,” he said.
To spearhead Teraju’s operations, Najib said Husni Salleh has been appointed as the chief executive officer.
Husni was previously the CEO of MAVCAP (Malaysia Venture Capital Management Bhd) with more than 20 years experience in investment and venture capital.
Since its inception, Teraju has been planning the launch and implementation of the Bumiputera Agenda Transformation Programme, similar to the Government-Linked Companies (GLCs) Transformation which was initiated in 2004.
Meanwhile, Husni said Teraju would work hand-in-hand with Pemandu, the Performance Management and Delivery Unit, to organise a series of labs beginning end of this month to discuss Bumiputera agenda issues.
“We’ll take about six weeks to prepare the proposals on economic opportunities for Bumiputeras to be forwarded to MTAB for approval before being implemented,” he said.
Among the proposed initiatives to be implemented under Teraju are adopting the Economic Transformation Programme (ETP) or devise new programmes under ETP, he added.— Bernama
The Chinese should not be seen as kaum pendatang (migrant folk) and have been loyal citizens of Malaysia for the past three to five generations, said Prime Minister Datuk Seri Najib Tun Razak. via TheStar
“We should not look behind with sentiments of the past. We must look forward because we are building a Malaysian nation that is progressive and successful on the global stage,” he said when opening the 57th MCA general assembly on Sunday.
“We should not look behind with sentiments of the past. We must look forward because we are building a Malaysian nation that is progressive and successful on the global stage,” he said when opening the 57th MCA general assembly on Sunday.
Najib urged the public to focus on how the Chinese and Indian communities could work with the Malay and other communities to create a fair society despite differences in interpreting what constituted a fair society.
“There can be a big polemic on what is a fair society. A Malay leader’s definition of fair can be different than your definition of fair but eventually we must converge,” he said.
Najib said there was a need to develop the economy equitably to have a fair distribution of wealth depending on the size of the community.
“It is a conventional wisdom and rational thinking that if the majority of a country has a very small percentage of the wealth, that is not equitable. I think MCA would also agree.
“So, we need to have a nice balance that the Malay feels they have a bigger share in economic wealth but the Chinese also feel they are growing economically in our system,” he said.
He added that was the reason to aim for a 6% economic growth in the next 10 years to ensure the economic pie grew.
“When you expand the pie, in absolute terms, we are getting better. We must look for a fine balance. Malays also have their aspirations and their fears, the other communities have their wishes. In all these things, let us look at it from the Malaysian context,” he urged.
He also urged the country to find ways to work together to bring to fruition policies contained in 1Malaysia, Government Transformation Programme, Economic Transformation Programme and 10th Malaysia Plan.
“We must be realistic, not emotional. Not racist but realistic. Embrace the need to work together like how our forefathers have shown the way,” he said.
Najib also reminded that the 1Malaysia concept was a work in progress to create an equitable and fair society.
“When I announced 1Malaysia, it cannot be that at the stroke of a pen, everything is perfect, it is a work in progress, a journey, leading us to something better,” he added.
He said even after 22 years in as Prime Minister, Tun Dr Mahathir Mohamad admitted his failure in trying to change the mindset of Malaysians.
Najib stressed that the Government did not condone racist remarks made by its officers but due investigative process must be taken before action could be taken.
“One officer made a racist remark, we take action. We don’t condone racism, I assure you. But proper investigation must be done with due process. But the issue has been amplified because of information communication technology,” he said.
He said that racist remarks should be taken in its cultural context to be sure it did not carry a derogatory connotation.
He gave the example of him being able call his Northern Malay friend with dark skin Non Tok Yu (dark soy sauce) without it being taken as an insult.
“If they made remarks, you must understand the cultural setting. Of course, if applied in the context of Malaysian Indian, it’s derogatory. I don’t use that to describe my friends in MIC,” he said.
James Dawos Mamit, MP of Mambong Sarawak has been appointed Deputy Tourism Minister in place of Datuk Seri Sulaiman Abdul Rahman Taib who had resigned from the post.
”The appointment takes effect on the date Yang Berhormat (Dr James) takes the Oath of Office and Loyalty as well as the Oath of Secrecy before Seri Paduka Baginda Yang Di-Pertuan Agong on Wednesday, Jan 13 at 3pm at Istana Terenggganu, Kuala Lumpur,” the statement said.
Sulaiman, the eldest son of Sarawak Chief Minister Tan Sri Abdul Taib Mahmud, 41, resigned as Deputy Tourism Minister on Dec 14 citing personal reasons following the death of his mother, Puan Sri Laila Taib, about six months earlier.
Recommended reading:
* Sulaiman Taib resign to be become the next CM of Sarawak
THE year 2009 has been a breathless one of political upheaval for Malaysia and The Nut Graph offers its take on 10 highlights of 2009.
Eight by-elections. The year opened with the Kuala Terengganu by-election, followed by Bukit Gantang, Bukit Selambau and Batang Ai simultaneously. Of these four, the Pakatan Rakyat (PR) won all except Batang Ai in Sarawak, proving that East Malaysia still remains the Barisan Nasional (BN)'s "fixed deposit" despite growing discontent about local corruption, marginalisation and abuse of native customary rights.
The PR won predictably in Penanti, thanks partly to a BN boycott, and in Permatang Pasir, thanks to a defective BN candidate. But PAS's slim win in rural Manik Urai was a reminder of how effective the BN's unabashed use development promises could still be. In Bagan Pinang, the BN won through a popular but "tainted" candidate to ensure a win at all cost, even sacrificing its own credibility.
The Perak coup. It took three disgruntled elected representatives switching allegiance for the BN to wrest the state government from the PR. But Perakians had little say in the takeover, which was sanctioned by the palace and upheld by the courts.
The fall of Perak spawned a constitutional crisis and numerous lawsuits on landmark issues. Perak has come to epitomise the worst excesses of raw power, through the use of the civil service, police, and the judiciary, to prevent fresh elections. A poll has shown that 74% of people surveyed want a re-election, a demand the BN has consistently ignored.
The sixth prime minister. Datuk Seri Najib Razak took office on 3 April and was well received by the public in his first 100 days. Notably, those who were satisfied were mostly Malay and Indian Malaysians. The Indian Malaysians were probably soothed by Najib's quick moves to release Hindraf detainees, allow speedy registration of the new Malaysian Makkal Sakti Party, and increase allocations for Tamil schools.
On the economy, Najib liberalised aspects of the New Economic Policy, revived plans for a goods and services tax, and ambitiously charted 6% annual growth until 2020. He's made 1Malaysia his administration's tagline, which, despite criticism, is generally accepted as a broad ideal for racial unity.
To boot, Najib toned down the rhetoric of Malay supremacy and told Umno at the party general assembly to be "champions of the rakyat". There are promises of more reform, which include disclosures on political funding. Najib's continuing challenge is to walk the talk, despite his own party.
But civil society has given Najib an "F" for his human rights track record. Freedom of expression, the right to dissent, deaths in custody, detention without trial, and stalled police reform are among the KPIs on democracy he has yet to fulfil. Read also The RAHMAN Factor
Teoh Beng Hock and the Malaysian Anti-Corruption Commission (MACC). Found dead outside the Selangor MACC headquarters, the young DAP aide had been interrogated overnight, despite being a witness, and despite the Police Lock-up Rules. Whether Teoh fell or was pushed off the building is the subject of an ongoing inquest which was stalled by a second autopsy. Demands for a Royal Commission of Inquiry have been rejected until after the findings of the inquest.
Teoh's death demolished the MACC's credibility, months after being formed through a revamp of the Anti-Corruption Agency and an act of Parliament. Following a suit, the High Court ruled that interrogations could only take place during office hours, but this has been overturned by the Court of Appeal. Denying any pressure, MACC chief Datuk Seri Ahmad Said Hamdan went into retirement five months early.
The Port Klang Free Zone scandal. Its cost overruns presently amount to RM7.5 billion, involving government loans. With interest, it could rise further to RM12 billion. But who is going to pay? So far, a former engineer, project architect, and two former Port Klang Authority officials have been charged. But what about former cabinet members or ministry officials who flouted Treasury guidelines and misled their colleagues? How far back does this scandal go, and will those in authority then face justice? At the heart of the scandal lies a crisis of public governance. Whether the full can of worms is opened will speak of the government's commitment to fight corruption.
The MCA leadership crisis. President Datuk Seri Ong Tee Keat may have used the PKFZ scandal to shore up his credentials as a clean and righteous leader, but was that really the point in the MCA's war of personalities? Once enemies, Ong and his deputy president Datuk Seri Dr Chua Soi Lek are now team-mates in fending off vice-president Datuk Seri Liow Tiong Lai, Youth chief Datuk Wee Ka Siong and Wanita head Datuk Paduka Chew Mei Fun. The game now is self-preservation, hence the disagreement over the timing of fresh party elections. It is doubtful if the outcome will have much of an impact on Chinese Malaysians who are largely supportive of the opposition.
PAS-Umno unity talks. It was opposed by PAS's own grassroots but naturally welcomed by Umno. In the end, was the unity talks idea just chest-thumping by president Datuk Seri Abdul Hadi Awang and deputy Nasharuddin Mat Isa? If not political cooperation, was it to strengthen the position of Islam and Malay nationalism? Or did it reflect the leaders' insecurity over PAS's second-fiddle position in the PR? PAS may have solidified its commitment to the PR through the recent Common Policy Framework, but that is no guarantee the idea of PAS and Umno joining hands will not be suggested again.
Kartika's whipping sentence. Not the first woman to be sentenced to caning under syariah for drinking beer, Kartika Sari Dewi Shukarno was, however, the first to plead guilty. She made international headlines for Malaysia, and highlighted contradictions between civil and syariah law. But her sentence has yet to be carried out. Kartika's story illustrates Malaysia's continuing tension in straddling both the Islamic and secular forms of governance.
Women and the law. Two little-known laws involving marriage were brought to the fore this year. Indonesian model Manohara Odelia Pinot was issued a perintah kembali taat by the Syariah Court upon application by her Kelantanese prince husband. Her failure to return would result in her being branded "nusyuz" or disloyal and rebellious.
In civil law, Section 498 of the Penal Code allows a husband to prosecute another man for enticing his wife. This is what the husband of TV personality Daphne Iking decided to do. The argument for these laws is that they are meant to protect a marriage. But if that is so, why do such laws not cut both ways? Isn't a man nusyuz if he abuses his wife? Doesn't a wife have a part in being "enticed" by another man? Don't wives in an abusive or loveless marriage have the right to make their own decisions?
In contrast, laws to protect women failed to work in the case of Penan women and girls. Despite reports and testimonies of rape and sexual abuse collected by a government taskforce, police said they didn't have enough evidence and could not take further action.
These three examples demonstrate that the laws of Malaysia do not necessarily protect women or ensure their equality.
World rankings. Downgrades for Malaysia were recorded for 2009 in several indices. Transparency International's 2009 Corruption Perception Index saw Malaysia slide from 47th to 56th place out of 180 countries. The placing was the lowest ever in recent years of steady decline.
Malaysia was also downgraded from the Tier 2 Watchlist to the Tier 3 blacklist on the Trafficking in Persons 2009 report. It said Malaysia had become a destination, and, to some extent, a source and transit point for human trafficking.
In Reporters Without Borders' Press Freedom Index, Malaysia slipped slightly from 132 to 131 this year, a status-quo verdict indicating a lack of progress. In the Global Gender Gap Report 2009, Malaysian women were worse off in 2009 at 101th place, compared with 96 in 2008, 92 in 2007, and 72 in 2006.
The High Court has set Dec 14 to fix the date for injunction hearing over the RM500mil defamation suit filed by Transport Minister Datuk Seri Ong Tee Keat against Kuala Dimensi Sdn Bhd chief executive officer Datuk Seri Tiong King Sing.
Deputy registrar Hilmiah Yusof set the date in her chambers Wednesday after meeting counsel Ronnie Tan and Harjit Sandhu who acted for Ong. Both men mentioned the case on behalf of Tiong’s lawyer Prem Ramachandran who was not present.
Speaking to reporters later, Tan said Hilmiah had ordered both parties to file affidavits before Dec 14 for the hearing of an injunction application.
Tan said the injunction application was filed by Ong to stop the defendant from spreading any slander or libel against him.
Ong had on Aug 24 filed the suit at the High Court civil registry here through his legal team.
The suit was filed over unfounded and malicious defamatory allegations made by Tiong that Ong had received RM10mil from him for MCA activities following the Port Klang Free Zone (PKFZ) disclosure.
In his statement of claim, Ong demanded that Tiong fully withdraw his defamatory remarks and publish an apology in major Malaysian newspapers of all languages.
The purpose of such statements, he said, were to tarnish his name.
Such remarks, he said, were published with the element of mala fide by Tiong to obstruct the fair and just investigation over the misuse of funds in the PKFZ issue and the role played by Tiong’s company in the controversy.
It was reported that the following people are possibly behind the Port Klang Free Zone scandal:
1. O.C Phang, former PKA GM
2. Kuala Dimensi President
3. Tiong King Sing, Kuala Dimensi CEO
4. Bernard Tan PKFZ development works consultant
5. BTA Architect
PKA chairman Datuk Lee Hwa Beng revealed Wednesday the possibility of a conspiracy among five parties, including former Port Klang Authority general manager over the Port Klang Free Zone scandal.
Besides former PKA general manager Datin Paduka O.C. Phang, Lee said those involved in the conspiracy were Kuala Dimensi Sdn Bhd, its president and CEO Datuk Seri Tiong King Sing, BTA Architect and PKFZ development works consultant Bernard Tan Seng Swee.
Lee said various parties had also made disputed claims from the PKFZ project amounting to about RM1.5bil.
This was revealed in his report which he lodged with the Malaysian Anti-Corruption Agency (MACC) at the commission’s headquarters here Wednesday.
More big names are being implicated and new allegations made concerning the Port Klang Free Zone (PKFZ) scandal in a newly-launched blog. The blog www.truthabout-pkfz.blogspot.com was set up by a group describing themselves as “non-partisan Malaysians disgusted with the wrongdoings of corrupt businessmen, politicians and civil servants.”
Unnamed writers of the blog have made allegations regarding the issue, ranging from gangsterism involving a prominent businessman-politician to the purported involvement of several other politicians.
The blog said those involved had links with Selangor bigshots and that Kuala Dimensi had bought the land cheaply from Koperasi Pembangunan Pulau Lumut Berhad (KPPL).
The report also claimed that Tan Sri Onn Ismail, who was then with KPPL, was the father-in-law of Kuala Dimensi deputy CEO Datuk Faisal Abdullah and that a part of the 202ha land of was bought for only RM3.1mil.
Kuala Dimensi eventually sold some 404ha of land to Port Klang Authority (PKA) for a whopping RM1.088bil.
There were also allegations of PKA staff being bullied by their superior and the hurried manner in which they were told to pursue matters relating to the purchase of the land even at a high price.
The writer of the blog posting who questioned the astronomical price paid for the land at RM25 psf said sarcastically that it took him two weeks to deliberate on all aspects before purchasing his car although it cost only RM45,000.
Other interesting revelations in the blog include the question of ownership of land at the time of sale in 2002 by Kuala Dimensi.
The writer claimed that Kuala Dimensi had on Nov 24, 1997, sold 305ha of the land to Great Profile Sdn Bhd and questioned how it was possible for the company to effect the land transaction with PKA if the land was not its.
The group managing the blog also appealed to those who could substantiate the allegations to forward their views.
On Aug 11, PKA lodged a police report against Kuala Dimensi, the turnkey contractor of PKFZ over alleged billing discrepancies ranging between RM500mil and RM1bil.
The discrepancies were uncovered by a special task force set up following the audit report on PKFZ by PricewaterhouseCoopers.
It discovered that Kuala Dimensi had possibly, among others, overclaimed and made fraudulent and unsubstantiated claims.
Model Kartika Sari Dewi Shukarno, who was scheduled to be caned this week for drinking beer, has been released temporarily as it is not advisable for the sentence to be meted out during the fasting month, said Pahang Exco member for Religious Affairs, Dakwah, Unity and NGOs Datuk Mohd Sahfri Abdul Aziz. "The sentence remains. She will be caned after the fasting month. She has been released but only temporarily," he said.
A Malaysian model, who was set to become the first woman caned in the southeast Asian country for drinking beer in public, was inexplicably spared her sentence Monday, her father said.
Authorities had picked up Kartika Sari Dewi Shukarno, 32, from her father's house Monday morning and were taking her to a prison in the eastern state of Pahang when the van turned around and brought her back.
"They sent her back to the house. They said the top official asked them not to bring her to Kuala Lumpur," said Kartika's father, Shukarno Abdul Muttalib.
It was not immediately known whether authorities had dropped the sentence or postponed it. It was also not clear who had ordered Kartika returned.
"Now I am frightened and I am going to the police station to make a report," the father said. "I don't want them to say that Kartika ran away when they came here. I want them to know she was returned."
Kartika refused to get out of the van until her release had been confirmed in writing.
Authorities had picked up Kartika Sari Dewi Shukarno, 32, from her father's house Monday morning and were taking her to a prison in the eastern state of Pahang when the van turned around and brought her back.
"They sent her back to the house. They said the top official asked them not to bring her to Kuala Lumpur," said Kartika's father, Shukarno Abdul Muttalib.
It was not immediately known whether authorities had dropped the sentence or postponed it. It was also not clear who had ordered Kartika returned.
"Now I am frightened and I am going to the police station to make a report," the father said. "I don't want them to say that Kartika ran away when they came here. I want them to know she was returned."
Kartika refused to get out of the van until her release had been confirmed in writing.
An Islamic, or sharia, court in the eastern state of Pahang had fined Kartika -- a Muslim -- $1,400 (5,000 Malaysian ringgit) and sentenced her to six strokes with a rattan cane for drinking at a hotel bar two years ago.
Kartika, a 32-year-old part-time model and mother of two, was visiting Malaysia from Singapore at the time.
She pleaded guilty, paid the fine, and wanted her caning to be carried out in public.
She said she lost her job as a nurse in Singapore and took up modeling to support her husband in raising their children. Her 7-year-old son has cerebral palsy; her 5-year-old daughter, a heart condition.
"I want to move on. This case has been hanging over me for a long time," she told CNN last week.
On Monday morning, Kartika hugged her children, bade a tearful goodbye to the throngs of people gathered at her father's house, and boarded the van. Video
She was to be taken to a prison on the outskirts of Kuala Lumpur. The caning would have been carried out within seven days after that, making her the first woman to be caned in Malaysia under sharia law.
Kartika's punishment is unique in that she has opted to go through with it. Two other Malaysians sentenced to the same fate have filed appeals, the Syariah (Sharia) Lawyers' Association of Malaysia said.
The case drew widespread attention and condemnation, in and outside Malaysia.
The moderate Muslim country has a dual-track justice system, in which Islamic courts operate alongside civil courts.
Muslims -- who make up about 60 percent of the 28 million who populate the country -- are forbidden from consuming alcohol. Other religious groups are exempt.
Though caning is used as a supplementary punishment in Malaysia for at least 40 crimes, such as rape or immigration violations, it is not meted out by Malaysia's civil court for alcohol consumption.
But the country's civil system also cannot overrule a sharia court sentence.
In that respect, Kartika would have been the first woman to be caned for violating the country's religious laws.
"Regardless of whether or not such penalties fall under sharia law or civil law, we believe that these should be repealed, as they go against the fundamental human right to be free from torture and violence," said Haslinah Yaacob, vice president for the All Women's Action Society.
CNN - Malaysia frees woman scheduled for caning
MCA President and Transport Minister Datuk Seri Ong Tee Keat has filed a RM500mil suit against Kuala Dimensi Sdn Bhd chief executive officer Datuk Seri Tiong King Sing. This issue is like brothers slapping each other.
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The suit, for making an 'unfounded and malicious defamatory allegations' that Ong had received RM10mil from Tiong, was filed on Monday at the High Court here.
Counsel for the MCA president Ronnie Tan said whatever the amount awarded by the KL High Court would be given for education aid and other charities.
He added that the plaintiff reserved the right to an interim injunction to restrain Tiong from making further allegations.
Rosmah Mansor, PM's wife has launched her own website for Malaysians to get to know her better in her role and duties as the Prime Minister’s wife. I don't if it is only me but I think her site is slow and heavy, just like her makeup. Then again, it could be Streamyx line fault or her PMO server is of low-grade spec.
The website, at www.pmo.gov.my/datinrosmah, includes news, pictures, speeches, newspaper articles and videos.
It is available in Bahasa Malaysia, English and other languages. Announcing the website, Rosmah urged Malaysians to “filter” the information they get on the Internet and not be “influenced by messages with elements of slander.”
This is just pathetic. Ninety-five per cent (95%) of families in the country are finding it hard to cope with the rise in food prices. National Population and Family Development Board director-general Datuk Aminah Abdul Rahman said this was revealed in an opinion research survey conducted in 2008 on the impact of inflation on families.
“Some 44% of women in the lower-income group also said that misunderstandings arose over finances due to the increase,” she said in her speech after launching a family finance management programme here yesterday.
Aminah said there were also complaints of harassment from loan sharks and bank warnings issued to families for failing to pay their loans just because they did not know how to manage their finances.
Participants of the programme learnt to differentiate between their wants and needs when managing their household budget.
Family Development Department head Fauwas Hasbullah said the programme was organised to educate the public on how to live within their budget without having to borrow from loan sharks.
“Through interactive activities, participants get to play the role of a family member and learn how to manage money as a family,” he said.
The programme will be held nationwide until the end of this year with the help of Bank Negara’s Counselling and Credit Management Agency.
A participant, Syahizwan Osman, 25, said the programme taught him how to manage his income in an orderly manner.
“It will take some time for me to change but this programme is a kick-start for me to make changes in my lifestyle one step at a time,” he said.
The Court of Appeal has unanimously ruled that Datuk Seri Dr Zambry Abd Kadir is the valid mentri besar of Perak.
The three-man bench, in setting aside the High Court’s decision earlier which ruled that Datuk Seri Mohd Nizar Jamaluddin was the rightful mentri besar “at all material times,” held that Nizar had ceased to command the confidence of the majority of the Perak State Legislative Assembly.
“The learned High Court judge erred in his interpretation of the relevant provisions in the Perak Constitution. Accordingly, the appeal is allowed,” said Justice Md Raus Shariff, who chaired the bench, which also comprised Justices Zainun Ali and Ahmad Maarop.
The court held that based on the facts of the case, Sultan of Perak Sultan Azlan Shah was right in making enquiries to satisfy himself on who held majority in the state assembly, and was right in his appointment of Zambry.
It further ruled that there was no express requirement in the Perak Constitution that there had to be a motion of no-confidence passed before it was determined that Nizar had ceased to command the confidence of the assemblymen.
Justice prevail temporarily. Pakatan Rakyat’s Datuk Seri Nizar Jamaluddin is the real mentri besar of Perak (again !) after the Kuala Lumpur High Court decided today.
Judge Datuk Abdul Aziz Abdul Rahim said in his ruling that the only way the mentri besar can be removed is through a vote of no-confidence that must be taken in the state legislative assembly.
“Once a mentri besar is appointed, he is answerable only to the assembly,” he told the court, noting both political factions, PR and Barisan Nasional (BN) each had an equal number of 28 seats in the Perak State Assembly.
“Therefore, based on democratic practice, any measure of loss of confidence in the mentri besar of Perak leadership should be taken by vote of no-confidence against him on the floor of the state legislative assembly. Only in this manner can the mentri besar be forced to resign,” he added.
Justice Abdul Aziz pointed out that because of the “lacuna” (Latin for “loophole”) in the law, the court could not read it to mean something that did not exist.
He added that the only way to correct the loophole was for the law to be amended.
He also noted Nizar was not challenging the Sultan’s royal rights as a constitutional monarch but was suing Zambry for usurping his post as MB when he had not quit or been dismissed by the assembly.
Turning his attention to Zambry, the respondent in the lawsuit, the judge explained there had been a clear way out.
“If the respondent’s claim in this case is truly undeniable, that he has 31 majority, after the three ADUN expressed support, commanded the confidence of the majority and His Royal Highness had refused to consent to the request of the applicant to dissolve the assembly, why the BN did not request His Royal Highness to summon the assembly for a special sitting so that a motion of no-confidence can be made to pass against the applicant?” quizzed Justice Abdul Aziz.
“That would have been in accordance with the democratic process,” he highlighted.
The High Court also rejected an oral appeal from Barisan Nasional’s (BN) Datuk Seri Zambry Abd Kadir to suspend the declaration as he was planning to file an appeal with the Court of Appeal in Putrajaya.
But Justice Abdul Aziz told Zambry’s chief counsel Datuk Cecil Abraham he could still make a written application to the High Court after checking with the authorities.
Nizar’s chief counsel Sulaiman Abdullah explained to reporters later that if the High Court had granted Zambry’s request for a stay of the declaration, Nizar would not be able to immediately seek an audience with the Sultan and as the lawful MB ask for a dissolution of the assembly.
Nizar, who attended the court hearing today, looked stunned when he heard the judge decide in his favour.
He was immediately engulfed in hugs and congratulatory handshakes from his wife Fatimah Taat and peers from the three-party PR alliance, including Pas election director Datuk Mustafa Ali, PKR’s vice-president Azmin Ali and Perak DAP chief Datuk Ngeh Koo Ham.
Speaking to reporters after disentangling himself from the multiple arms around his neck, Nizar said he was going to seek an audience with the Perak sultan and ask for the assembly to be dissolved, paving the way for fresh statewide elections.
“I’ll be approaching the palace for dissolution almost immediately on arrival to Ipoh. I will seek an audience with Tuanku,” he said.
But Nga Kor King of the DAP believes Sultan Azlan Shah is now in the United States. He told The Malaysian Insider the Perak PR alliance will hold a meeting tonight to discuss the next step while waiting for an audience with the ruler.
“We must give the Sultan time,” he stressed.
Meanwhile, Bernama reported that the police have warned the public not to gather near the state secretariat here to prevent any untoward incident.
Perak police chief Datuk Zulkefli Abdulah said police would take action against those who defied the order.
The police, including the Federal Reserve Unit, have been stationed at the building, he said when contacted today, and insisted that the situation was under control.
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Raja Nazrin agrees to meet Nizar
By Baradan Kuppusamy
KUALA LUMPUR, May 11 – The Regent of Perak Raja Nazrin Shah has agreed to see Datuk Seri Nizar Jamaluddin, who was today declared the legitimate mentri besar of Perak by a Kuala Lumpur High Court.
Nizar will meet the Regent at 8.30am tomorrow to ask for the dissolution of the Perak state legislative assembly to pave the way for a fresh state election, according to several Pakatan Rakyat (PR) leaders including Sungkai assemblyman S. A. Sivanesan.
“I just talked with Nizar and he confirmed to me that he has secured an audience with the Regent at 8.30am,” Sivanesan told The Malaysian Insider.
“Nizar will request for dissolution of the legislature for a fresh election,” Sivanesan said adding he hoped the request is not rejected. “Nizar has the legitimate right now that he is the legitimate mentri besar to request for dissolution.”
Sultan Azlan Shah, PR leaders said, is in the United States.
PR assemblymen are also meeting from 11pm tonight to strategise their plans for Tuesday even as the Barisan Nasional (BN) rush to court on tomorrow to set aside the declaration that Nizar is the rightful mentri besar.
Tomorrow is set to be a climatic day with the royal audience, BN rushing to court and Nizar trying to enter his office with police already surrounding the state secretariat building since 4pm today.
Justice Abdul Aziz Rahim declared today that a mentri besar can only be removed by a vote of confidence on the floor of the state assembly.
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Najib: We will appeal against decision
By Shannon Teoh
KUALA LUMPUR, May 11 – The prime minister said that Barisan Nasional (BN) will appeal the Kuala Lumpur High Court decision declaring Datuk Seri Nizar Jamaluddin as the rightful mentri besar of Perak.
Datuk Seri Najib Razak said this evening that BN will file an appeal tomorrow.
“We are appealing against the decision. We hope for an early date for the appeal,” he told reporters after meeting Pemudah, the special taskforce established to simplify business dealings with the government. “We feel we have a strong case.”
The High Court had today also ordered Datuk Seri Zambry Abdul Kadir and his executive officers to vacate their offices, and the judge also rejected an appeal from Zambry for a stay of the declaration.
When asked by reporters if the state assembly should be dissolved and elections held, Najib replied that it was the Sultan of Perak’s decision to make.
He added that he has not made any arrangement to meet the Perak ruler.
However, Nizar is seeking an audience with the Perak Sultan to ask for consent to dissolve the state assembly.
When asked about moving a motion of no-confidence against Nizar instead of appealing the court decision, Najib replied that their first action will be to appeal.
Najib also asked Perakians to keep calm.
“Don’t get overexcited,” he said. “We will solve the problem.”
Several police Federal Reserve Unit (FRU) trucks have been observed pulling up at the Perak State Secretariat in Ipoh and state police chief Datuk Zulkefli Abdulah has warned the public not to gather near the secretariat complex to prevent any untoward incident.
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Pakatan says it again - dissolve assembly to end crisis
By Lee Wei Lian
KUALA LUMPUR, May 11 – Backed by this afternoon’s Kuala Lumpur High Court decision that declared their man as the rightful mentri besar of Perak, Pakatan Rakyat (PR) leaders today reiterated their calls that the state assembly be dissolved and state elections held in order to end the ongoing political crisis in Perak, now in its fourth month.
PR leaders said that they will not cling to power despite the Kuala Lumpur High Court ruling in their favour but will still seek state elections instead.
“Dissolving the assembly will allow the people to determine a government who has their mandate and their trust,” said Opposition Leader Datuk Seri Anwar Ibrahim in his blog this evening.
Anwar also noted that the validity of the assembly sitting under the tree in March should be recognised where three resolutions were passed, including a resolution to dissolve the state assembly.
DAP secretary general Lim Guan Eng also called of an immediate dissolution of the Perak state assembly and that an election be held.
“Only by returning power to the people can honour be returned to Perak and Malaysia,” Lim said in a media statement.
PAS secretary general Datuk Kamarudin Jaafar said that dissolving the state assembly was “the only genuine solution.”
“The mess created by Barisan Nasional is beyond repair except through a dissolution of the state assembly,” he told The Malaysian Insider.
When asked about the possibility of BN convening an emergency assembly sitting to move a motion of no confidence against Perak Mentri Besar Datuk Seri Nizar Jamaluddin, Kamarudin replied: “That is not going to solve the issue.”
The Sultan of Perak had sworn in Datuk Seri Zambry Abdul Kadir as the new mentri besar in February after requesting that Nizar resign.
Judge Datuk Abdul Aziz Abdul Rahim said in his ruling today however, that the only way the mentri besar can be removed is through a vote of no-confidence that must be taken in the state legislative assembly.
The judge also ordered Zambry and his six executive councillors to vacate their offices.
Prime Minister Datuk Seri Najib Razak told reporters this evening that BN will file an appeal tomorrow.
One Black Malaysia or simply, 1BackMalaysia is a campaign slogan for the wear-black call as '1BlackMalaysia: Democracy first, elections now', a play (a parody) on Mr Najib's '1Malaysia: People first, performance now' tagline. It was introduced by activist Wong Chin Huat. The 1BlackMalaysia campaign was to be a peaceful, yet powerful message of 'civil disobedience'. Wong Chin Huat has since been arrested for wearing black under the Malaysia Sedition Act.
Wong however, did urged the public to 'paint every state, territory, town and village black with clothes, headbands, hats, turbans, veils, armbands, ribbons and stickers'. 'Let us be united in one black colour and let's show the world that the 1Malaysia under Najib is 1BlackMalaysia living in darkness,' he said.
Below was the SMS call for 1BlackMalaysia (received by most PR members in West Malaysia).
May 7. Wear black. Show Najib 1BLACKMALAYSIA. Say no to umno’s plot to occupy perak legislature after occupying perak state government. Let everyone WEAR black on May 7. 1BLACKMALAYSIA
Developing story related to 1BlackMalaysia
* Chaos In Perak With 6 Law Makers Arrested
Perak Speaker V. Sivakumar has asked BN MB Zambry Abdul Kadir and six other BN representatives to leave the hall and this turned the assembly into a scene of chaos amid shouting and screaming. A total disregard of respect to the state assembly for all parties, Pakatan Rakyat and Barisan Nasional representatives.
Meanwhile, police has locked down Ipoh city ahead of a controversial state assembly meeting and traffic around Ipoh turned into a gridlocked as police rolled out barbed wire and mounted road blocks nearby the state assembly building.
List of elected Perak law makers arrested by the police:
1. P. Sugumaran
2. PKR Wanita cheif and Ampang MP Zuraida Kamarudin
3. DAP Teratai assemblywoman Jenice Lee
4. Ayer Keroh's Khoo Poay Tiong
5. Bahau's Tey Kok Seong
6. Parit Buntar MP Mujahid Rawa
7. Sungai Siput MP Dr Michael Jeyakumar
8. Kubang Kerian MP Salahuddin Ayub
9. former Perak DAP chief Lau Dak Kee
10. 61-year-old DAP supporter RK Muthu
11. Ipoh Barat MP M. Kulasegaran
12. six 1BlackMalaysia supporters
This shameful and outrageous choatic situation in Ipoh is a national and international disgrace.
Trouble is brewing in Terengganu State Assembly as least eight Barisan Nasional (BN) state lawmakers boycotted the state assembly today in a bid to force the resignation of Terengganu Mentri Besar Datuk Seri Ahmad Said. Ahmad’s position as BN’s mentri besar has become increasingly untenable amid talk that his own party men were planning to table a no-confidence vote against him.
The seeds of this revolt were planted when Ahmad was put in place as BN’s mentri besar soon after last year’s general elections in place of the incumbent Datuk Seri Idris Jusoh.
Related posts:
* 10 Dosa Idris Jusoh
From MalaysiaInsider - Terengganu BN revolt
The end is near for Terengganu Mentri Besar Datuk Seri Ahmad Said after at least eight Barisan Nasional (BN) state lawmakers boycotted the state assembly today in a bid to force his resignation.
Ahmad’s position as BN’s mentri besar has become increasingly untenable amid talk that his own party men were planning to table a no-confidence vote against him.
The seeds of this revolt were planted when Ahmad was put in place as BN’s mentri besar soon after last year’s general elections in place of the incumbent Datuk Seri Idris Jusoh.
Idris was not reappointed due to friction with the Terengganu palace.
But The Malaysian Insider understands that the palace will have no objections to Ahmad’s removal as MB if he is unable to hold the government together.
Ahmad had warned that any BN men involved in moves to table a no-confidence vote against his government faced expulsion.
The eight BN rebels are now believed to be holed up in a hotel and are expected to speak to reporters shortly.
A number of BN assemblyman are said to have met with deputy Umno president Tan Sri Muhyiddin Yassin to obtain “official sanction” for the revolt.
The Malaysian Insider understands that Ahmad had been picked to be MB last year because he was untainted and was relatively popular among the grassroots.
But he has been seen in recent months to become “vicious”, especially in the removal of various heads of state agencies.
Yesterday, three BN lawmakers also lodged police reports for allegedly receiving death threats in text messages related to the planned no-confidence vote.
The Malaysian Insider understands that some of the text messages have been traced to individuals associated with the MB.
The three assemblymen alleging the death threats are Datuk Rosol Wahid (Ajil), Zakaria Ariffin (Paka) and Halim Jusoh (Pemaisuri).
“As a senior state government official, he should not threaten anyone, what more a state assemblyman like me,” Halim told reporters at the Kuala Terengganu police headquarters. “You cannot make threats on people's lives ... I don't know why I was targeted.”
Asked whether he would inform the mentri besar of the threat, he said he would not do so because he had lodged a police report, Bernama reported.
Besides the palace, it is understood that the senior leadership of Umno also has no objection to a change of leadership in the state government.
Prime Minister Datuk Seri Najib Tun Razak's new Cabinet will have 28 members. Two ministries have been abolished. The new Malaysia Cabinet (2009) line-up:
Prime Minister and Finance Minister 1 - Datuk Seri Najib Tun Razak
Deputy Prime Minister
Muhyiddin Yassin
Ministers in the Prime Minister's Department
Dr Koh Tsu Koon - Unity Affairs and Performance Management
Nazri Abdul Aziz - Minister in charge of law and Parliament
Nor Mohamed Yaakop - Economic Planning Unit
Major Gen Jamil Khir Baharom - Islamic Affairs
Deputies: Liew Vui Keong, Senator Dr Mashitah Ibrahim, SK Devamany, Ahmad Maslan and Senator T Murugiah
Finance Ministry
Najib Abdul Razak (1)
Ahmad Husni Hanadzlan (2)
Deputies: Chor Chee Heong, Senator Dr Awang Adek Hussien
Education Ministry
Muhyiddin Yassin
Deputy: Wee Ka Siong, Puad Zarkashi
Transport Ministry
Ong Tee Keat
Deputies: Abdul Rahim Bakri, Robert Lau Hoi Chew
Agricultural Development and Commodities
Bernard Dompok
Deputy: Hamzah Zainuddin
Home Affairs
Hishammuddin Hussien
Deputies: Abu Seman Yusop, Jelaing Mersat
Information, Communication, Arts and Culture
Rais Yatim
Deputies: Joseph Salang Gandum, Senator Heng Seai Kie
Energy, Green Technology and Water
Peter Chin Fah Kui
Deputy: Noriah Kasnon
Rural Development and Territories
Shafie Apdal
Deputies: Hassan Malek, Joseph Entulu Belaun
Higher Education
Khaled Nordin
Deputies: Dr Hou Kok Chung, Saifuddin Abdullah
International Trade and Industry
Mustapa Mohamad
Deputies: Mukhriz Mahathir, Jacob Dungau Sagan
Science, Technology and Innovation
Dr Maximus Ongkili
Deputy: Fadillah Yusof
Tourism
Ng Yen Yen
Deputy: Sulaiman Abdul Rahman Abdul Taib
Agriculture
Noh Omar
Deputies: Johari Baharom, Rohani Abdul Karim
Defence
Ahmad Zahid Hamidi
Deputy: Abdul Latif Ahmad
Works
Shaziman Abu Mansor
Deputies: Yong Khoon Seng
Health
Liow Tiong Lai
Deputy: Rosnah Rashid Shilin
Youth and Sports
Ahmad Shabery Cheek
Deputies: Razali Ibrahim, Wee Jeck Seng
Human Resource
Dr S Subramaniam
Deputy: Maznah Mazlan
Domestic Trade and Consumer Affairs
Ismail Sabri Yaakob
Deputy: Tan Lian Hoe
Housing and Local Government
Kong Cho Ha
Deputy: Lajim Ukin
Women, Family and Society Development
Senator Sharizat Abdul Jalil
Deputy: Senator Chew Mei Fun
Foreign
Anifah Aman
Deputies: Senator A Kohilan Pillay, Senator Lee Chee Leong
Federal Territories
Raja Nong Chik Raja Zainal Abidin
Deputy: M Saravanan
Key ministers dropped
Those top ministers dropped are Azalina Othman (Tourism), Syed Hamid Albar (Home), Muhammad Muhd Taib (Rural Development), Amirsham A Aziz (PM's Department) and Ong Ka Chuan (Housing).
Also not included in the new line-up is Umno Youth chief Khairy Jamaluddin, but his rival Mukhriz Mahathir has been named a deputy minister.
Khairy is the only head of the three Umno wings not appointed minister.
"One Malaysia. People First. Performance Now." That's the theme for Najib Razak's maiden speech as the 6th Prime Minister of Malaysia. Najib also announced the Government had decided with immediate effect, to remove the temporary ban on two news publications, release 13 detainees from ISA detention, and conduct a comprehensive review of the Internal Security Act.
1.On behalf of all Malaysians, I would like to thank YABhg. Tun Abdullah Ahmad Badawi for his 31 years of exemplary public service to our country, his commitment to strengthening the institutions and fabric of our democracy and for his graceful example as our leader.
2.I am grateful to YABhg. Tun for his confidence in proposing my name as Prime Minister to Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong, and I am honoured that His Majesty has consented to my appointment with this morning’s swearing-in ceremony. I feel a deep sense of humility at the opportunity to serve as your Prime Minister at an important time in our nation’s history. My life has been dedicated to public service. Growing up, I was inspired by the positive impact of public service in the example of my late father. Four decades on, I remain committed to the goals of tackling poverty; of restructuring our society; of expanding access to quality education for all; and of inspiring a new generation of young Malaysians to work on behalf of this great country. My own service in government has always been about getting results: to ensure a better deal for teachers, to improve conditions for our brave soldiers, and to strengthen our economy in defence of the people of Malaysia, as we deal with the outbreak of a global recession.
3.In the coming weeks, I will be consulting with people around our country, as I begin to reshape the leadership and priorities of the Government. I am mindful that we should build on the successes and lessons of the past. It must be a government with new approaches for new times – a government that places a priority on performance, because the people must come first.
4. We must reach out to all parts of Malaysia - to all our diverse communities. In our national discourse and in pursuing our national agenda, we must never leave anyone behind. We must reach out to the many who may have been disaffected and left confused by political games, deceit and showmanship.
We must draw on talented people across our nation, regardless of their position or background, to re-energize a passion for public service. We must sow the seeds of goodwill and understanding in every corner of this land, so that we continue to harvest the fruits of progress and prosperity for all Malaysians.
We must seek to include and unlock the potential of our young people who will be the next generation of leaders, businesspeople, engineers, scientists, teachers and doctors. We must give them wings to fly.
5.And so today, I pledge that I will work tirelessly to serve all of you.
6.In this spirit, I would like to announce that the government has decided with immediate effect, to remove the temporary ban on TWO news publications, release 13 detainees from ISA detention, and conduct a comprehensive review of the Internal Security Act. Additional details will be announced by the Ministry of Home Affairs shortly.
7.These decisions are timely as we move to enhance the confidence of our citizens in those entrusted with maintaining peace, law and order, while recognizing the need to remain vigilant of the very real security threats we continue to face as a young nation.
8.I know that for every citizen, these are hard times and I remain focused in providing strong leadership to lead us out of this economic crisis and unleash our full potential as a nation. I will be steadfast in my commitment to meet the needs, aspirations and concerns of all Malaysians.
9.So, today I ask you to join me in this task of renewing Malaysia. I urge us to rise to the challenge of building a One Malaysia. People First. Performance Now.
10.Let us begin this great journey together.
Abdullah Ahmad Badawi quit !. And with the installation of Najib Razak as the 6th Prime Minister of Malaysia, the RAHMAN Prophecy is now fulfilled.
The Opposition MPs meanwhile noted that the PM was the top job in the country and should be held by someone of high integrity and clean.
“Lately the DPM has been implicated in many scandals such as the commission for the purchase of French submarines. The most shocking is the murder of the Mongolian woman in which his name has been implicated. This has been published by newspapers around the world.
The good news is that KJ and his clever boys from the Fourth Floor will likely be evicted by Najib.
