Archive for the ‘Malaysia’ Category

‘Rule of Law’ is Dr Mahathir’s new mantra!

Dr Mahathir wrote on his Chedet blog that the rule of law is no longer being applied in view of several high profile corruption cases dropped by prosecutors in recent months. Wonder where was the Rule of Law when he was in power? In fact the rot stated during his 22-year premiership.

In the 1988 judicial crisis, Dr Mahathir intervened at the highest level by removing a Lord President of the Supreme Court. Where was the rule of law?

At that time, Dr. Mahathir’s sacking of Tun Salleh Abbas, the then-chief judge, and other senior judges, was the start of the breakdown of constitutional checks and balance inherent in our parliamentary democracy. Dr. Mahathir’s handpicked judges signaled the beginning of an era when the judiciary became enslaved to the executive branch. Since then, the executive has given short shrift to matters of accountability, governance and transparency in the judiciary.

In 1988, the independence of Malaysia’s judiciary was subjected to “a dramatic coup by the executive.” In what is widely considered to be the single biggest assault on Malaysia’s constitutional system and on the rule of law, five of the country’s top judges were suspended and three later removed from office. In addition, substantive changes were made to the constitution effectively emasculating the judiciary of its constitutional position as a check and balance to the government

Let me add a little more, and around the same time Tun Salleh Abas was charged, in 1986, Dr Mahathir as Home Minister cancelled the work permit of 2 Asian Wall Street Journal journalists in Malaysia. They brought the matter to the Court and the Supreme Court held that Dr Mahathir’s action was illegal and therefore invalid.

Dr Mahathir was so upset. Even in the TIME magazine (issue of 24.11.1986), Dr Mahathir expressed his displeasure. Contempt proceedings were brought against Dr Mahathir. Dr Mahathir escaped as the proceedings were dismissed by the Court. However, the learned Judge remarked in his judgment that Dr Mahathir confused at the doctrine of separation of powers.

It’s a joke to preach the values of democracy and rule of law when it was Dr Mahathir that was openly flouting them when he was in power. Under Dr Mahathir, so many cases involving connected politicians or his business associates involved in illegal activities were all swept under the carpet or classified No Further Action.

Even during his 2nd time as prime minister in 2018, several high profile criminal cases were dropped as well. Shafie Apdal was investigated with misconduct over RM1.5 billion in federal funds meant for kampong folks had his case closed by the AG and classified as No Further Action. This included the corruption trial involving his then finance minister Lim Guan Eng and several sedition trials of other Pakatan Harapan politicians, including Domestic Trade and Consumer Affairs Deputy Minister Chong Chieng Jen and former Stampin MP Julian Tan for allegedly taking part in a Bersih 4 illegal assembly on Aug 20, 2015.

In Sabah, Dr Mahathir’s footprint was all over “Project IC” where dubious ICs were handed out to illegals in Sabah and entered them in the electoral rolls to bring down the PBS government. Where was the rule of law?

This shows the rot in Malaysia’s judicial system started during Mahathir’s 22-year premiership. Dr Mahathir should honestly look in the mirror and ask if he had poison the wells of democracy in Malaysia?

Came out in the Daily Express here http://www.dailyexpress.com.my/read/4130/the-rot-started-under-you-doc/

This came out on the Sunday Forum Daily Express!

Published on: Sunday, November 01, 2020

Erasing history by replacing street names

Credit: indianexpress.com (For Illustration Purpose Only)

Federal Territories Minister Annuar Musa was displeased with Kuala Lumpur City Hall’s (DBKL) decision to rename Jalan Raja Laut 1 in the city to Jalan Palestin. He would prefer that a road with an English name was changed instead.

To be truthful, Malaysians have multiple objections to the change of road names.

One person wrote: “What’s next after Jalan Palestin? Will Jalan Hartamas be renamed Jalan Hamas? If the KL Mayor was keen to name a road Jalan Palestin, why can’t one of the new roads being built in a particular industrial, residential or shopping area be given the name?”

Malaysians are not difficult people, but renaming roads causes distress and inconvenience. Don’t the people at the top know the suffering of the people whose road names are changed?

Why wasn’t the public consulted first? Where was the discussion about renaming an existing road? Was the public not asked for their views because the authorities are aware there will be resistance?

Many Malaysians know of the struggle of the Palestinian people, but that is as far as most people are concerned. On the other hand, Raja Laut is part of Selangor’s history. He was one of the pillars of the Malay community when Kuala Lumpur was established.

Annuar’s request to rename an English road name is just as daft as the directive from DBKL to change a major road name in KL. Road names remind us of our past and English names are part of our history, too.

Have DBKL and Annuar decided who will pick up the tab for the name change? Companies will suffer because of the extra cost of changing letterheads, name cards and addresses in business directories.

Livelihoods will be affected and maps will have to be altered or reprinted. Taxi drivers will have to mentally register this name change and visitors will get confused. The Tourism Malaysia staff can barely remember any place of interest in Malaysia, so can they be expected to remember name changes?

Will the rakyat, both ordinary people and businessmen, be able to pass on the administration costs for the name change to DBKL? The rakyat have enough to worry about, with the increase in prices of ordinary goods and services, and the economic downturn made worse by the Covid-19 pandemic, without this extra hassle.

Each name change wastes valuable taxpayers’ money. The costs will be passed down to the rakyat, and the public will bear the brunt of the idiotic decision.

Renaming a road shows the disconnect between the mayor, DBKL, Annuar and the rakyat. There are numerous road-related problems in KL, and nationwide, that need immediate attention, such as flooding, poor drainage, traffic congestion, bad lighting, potholes, missing signs and faded road markings. Renaming a road should not be top priority.

Why would anyone want to rename a road? Many road names are of historical significance and they form part of our cultural identity. Annuar’s proposal to rename English road names is just another attempt to erase our history. Is Umno Baru ashamed of our colonial past? Are they afraid of the comparison with the more efficient past? Is it because the government wants change just for the sake of change? Or is it another sandiwara?

In Ipoh, several arterial roads have been renamed, but most people know the roads by their old names. One Ipoh taxi driver said that many of the roads named after VIPs are too confusing and long. He said: “Many people use the old names anyway. Everyone knows Hugh Low Street, Brewster Road, Tambun Road and Tiger Lane. Most of us cannot remember the new names of roads which are too long.”

Instead of renaming a road after a country or person, the authorities could name a new building, the new wing of a hospital, a scholarship fund, a bursary or some other white elephant. Why not rename the new Warisan Towers, or Petronas Twin Towers, Palestine Towers?

Disappointed

– Sabah is not spared of examples where road names have been replaced according to whims and fancies. For instance Jalan Lady Mountbatten which would have been good for tourism was renamed Jalan Pintas by a Mayor.

The street named Jalan Wooley was replaced with Jalan Tun Mustapha when a new road could have been named Jalan Tun Mustapha, considering Wooley’s immense contributions during the chartered company days. – Ed

July 2nd 2020 – AirAsia Group Bhd secured a RM300 million loan from Sabah Development Bank Bhd (SDB).

Two weeks earlier, somewhere in June 2020 – prominent Sabah businessman Ambrose Lee, Kalimulah Hassan, Kamaruddin Meranun and Tony Fernandes and a few more from Air Asia were seen in Kota Kinabalu having sumptuous Fish Head Curry, celebrating the approval of 300 million loan.

Shafie Apdal has to answer how come loan approved without public knowing it and without the usual funfair when such huge loans are approved by a state agency? Even Air Asia only now in October 2020 was forced to admit and to come out to say that RM300 million loan from SDB was approved and already disbursed.

How can SDB being a state agency that should be serving Sabah Industries and businesses gave a huge RM300 million loan without letting Sabahans know?

And is it true that the RM300 million loan was hurriedly released to Air Asia when Chief Minister Hajiji Noor was in the intensive care unit (ICU) of Queen Elizabeth Hospital II (QEH II) receiving treatment in hospital for Covid-19?

This loan was approved on July 2nd 2020 when in early June Air Asia had already started retrenching staffs, including in Sabah. The Air Asia staffs even complain compensation was not enough. It was even reported that the airline had laid off over 2,400 employees since Malaysia’s borders were closed on March 18 this year. So how can SDB approve RM300 million loan to Air Asia when airlines everywhere were grounded due to COVID-19 and international borders were closed? How can SDB approve this loan on July 2nd when Sabah also stopped Chinese flights in January followed by other international flights?

Since the emergence of Covid-19 in early 2020, demand for air travel has been hampered and exacerbated by international borders closures. This has taken a heavy toll on most airlines’ operations globally.

Even before this loan was approved and hurriedly disbursed bigger airlines like Virgin, Cathay Pacific, American Airlines were already retrenching tens and thousands of workers and also facing bankruptcy.

What was the collateral Air Asia gave the Sabah state government to secure this loan? If it was shares of Air Asia it has no value as Tony Fernandez owes creditors 60 billion as reported. Even Malaysia Airports Holdings is suing Air Asia for RM78.16 million. High debt levels have made the situation even dicier.

So how can Warisan government approve this loan to Air Asia on July 2nd?

Looking at some of the directors of SDB shows that they are mostly Warisan people, see here

And the Managing Director of Sabah Development Bank (SDB) –

Can we imagine how much RM300 million can do to the Sabah economy during this COVID times? SDB should be made answerable for the loan approval and Shafie has a lot of answering to do.

As coronavirus reduces travel, Air Asia is in a tough spot owing to its high levels of debt.

This is total madness and this doesn’t make sense at all!

UPDATED OCTOBER 28th

I’ve nothing to hide, says Shafie over MACC probe into RM300 million loan to AirAsia

KOTA KINABALU: Former Sabah chief minister Shafie Apdal welcomes any investigation into the RM300 million loan from state-owned Sabah Development Bank Sdn Bhd (SDB) to low-cost carrier AirAsia.

The Semporna MP said that as the former chief minister and state finance minister, neither he nor anyone in the previous administration had anything to hide over the approved loan, adding that “nothing was hidden” too in the whole process.

“This is because the loan was not approved overnight. Instead, SDB had carried out its own investigation and thorough risk assessment before deciding to approve the loan.

“AirAsia is a public-listed company with Bursa Malaysia, hence, the approval for any transaction worth RM300 million will only be given after all conditions of the loan are met by the borrower,” Shafie said, in a statement here today.

The Warisan president said as a favourite airline among Malaysians, AirAsia had a development plan that would benefit Sabah, adding the carrier had targeted to create 100,000 job opportunities in the state.

“As a state administrator, we cannot depend on one company alone, such as Malaysia Airlines. The role of other companies, especially AirAsia, should not be underestimated.

“In line with that, as a government responsible to develop the economy, close cooperation was needed with AirAsia because, if their plan worked, Sabahans will reap the benefits.”

Earlier today, the Malaysian Anti-Corruption Commission (MACC) office in Sabah had confirmed it had initiated a probe on SDB’s loan to AirAsia to establish if there were elements of graft involved.

A local daily had reported that Chief Minister Hajiji Noor had also ordered a probe into how the RM300 million approved by SDB, under the previous Warisan-led administration, was disbursed in a hurry to AirAsia after the Gabungan Rakyat Sabah government took over.

Meanwhile, Shafie disclosed that AirAsia had planned several projects in the state capital, including an agriculture produce storage facility known as “OurFarm”.ADVERTISING

He added this was in line with the airlines’ target of becoming the main distributor of agricultural fishery products that would be marketed through e-commerce channels.

The Senallang assemblyman said AirAsia was also planning to spend RM110 million to develop the Kota Kinabalu International Airport (KKIA) as their international hub.

“All those plans will surely benefit Sabah as a state rich with agricultural and fishery resources.

“In fact, when I was the chief minister, the 2021-2030 agriculture development action plan was launched to make Sabah a distributor of agriculture produce besides ensuring the country’s food security,” he said.

Shafie said with the creation of a product supply chain, Sabahan farmers will then be able to generate more income with a larger market reach internationally through AirAsia.

In the tourism industry, he said Sabah’s glory days as a tourist destination will be restored if AirAsia’s target of making the state as its international hub becomes a reality.

“We know that before Covid-19 hit, Sabah’s economy had increased rapidly in the tourism sector and the people enjoyed the economic windfall, not only in Kota Kinabalu but also all the way to the east coast of the state.”

from FMT, see here: https://www.freemalaysiatoday.com/category/nation/2020/10/28/ive-nothing-to-hide-says-shafie-over-macc-probe-into-rm300-million-loan-to-airasia/

UPDATED OCTOBER 30th

AirAsia: RM300m SDB loan complies with laws, procedures

Bernama Published 9:14 pm

AirAsia Group Bhd has reiterated that the transaction whereby it secured the aggregate RM300 million loan facilities from Sabah Development Bank (SDB) was completed in accordance with all laws, policies and procedures pertaining to its application.

In a filing with Bursa Malaysia today, the budget carrier also said the transaction took five months to complete from the time of application.

The facilities have been approved by SDB for the development of the various projects and are intended to bring about significant positive socio-economic impacts to the state of Sabah, it said.

“With the facilities, AirAsia’s contribution (currently at almost one per cent to the state’s gross domestic product) is expected to double within the next 10 years and help Sabah regain its position as a top tourism destination post-Covid-19,” AirAsia said.

The company said the transaction would, among others, enable AirAsia to accelerate its expansion plans to transform Kota Kinabalu into an international hub for its passenger and logistics operations.

AirAsia said it had been providing domestic and international connectivity to Sabah since 2001, flying in 660,000 visitors to the state and supporting almost 60,000 jobs in the state.

The facilities, it said, would also be used to develop and enhance cold chain facilities in Sabah that would increase the marketability of the state’s fresh produce domestically and internationally through AirAsia’s Ourfarm digital food supply platform.

“This would potentially result in increased profits for farmers and fishermen in the state, which is in line with Sabah’s mission of becoming a top food-producing state in Malaysia and contributing towards the country’s food security,” the airline said.

AirAsia’s statement follows various news articles regarding the Malaysian Anti-Corruption Commission (MACC) investigating the RM300 million loan facilities given by the Sabah state-owned bank to the airline.

At the close today, shares of AirAsia fell 0.9 per cent to 55 sen.

– Bernama

https://bernama.com/en/news.php?id=1895484

By: X’roy Bogel

The Eastern Standard Times

Malaysia is on the fast lane to becoming a failed state and don’t blame the Covid 19 virus, it had and will have nothing to do with that, there is one person who stands out and there is no denying he is the only one.

Mahathir Mohamad , he will go down on history as the architects for the failure of this Nation.

He is a racist, has always been one an extreme right wing fascist.

If you look at his policies right from the very beginning he stepped into the political ring, Mahathir Mohamed was so full of hatred for the other races.

In the run up of the 1969 elections where he stood as an Alliance candidate, he told the non Malays that this country belongs to the Malays, and that the others were given citizenship by courtesy of the Malays and that privilege could be taken back. The Malays were the masters of this country.

In the 1969 elections ceramah he told the Chinese who came to see his Ceramah that they need not be there, he didn’t want their vote and that he could win without their vote, he could win on the Malays vote alone.

Today he claims in his Malay circles of course that the Chinese decided to “punish him.”

Did they “punish him” far from it they just did what he told them to do and he was defeated by Hj Yusof Rawa who’d later become a friend of mine, a fine gentleman who quit PAS and quit “Parti NASMA” the day Raja Nasrom of NASMA decided to try and form an Alliance with PAS, that’s another story.

After losing the seat by his own making, he got terribly angry with the Chinese, you could say he went mad, (but isn’t he always mad) Dr Mahathir started attacking the Chinese and accused them of stealing the wealth of the country.

He also attacked Tunku Abdul Rahman and called him a “Chinese lover”, and began inciting the Malays to the extent I have called him before the real architect of May 13 1969.

Every-time someone asks the non Malays, “do you want a repeat of May 13” even today Mahathir smiles. Have the cops charged any body for that offense?

That has made the radicals nurtured by Mahahtir Mohammed even more arrogant they go on saying it without any concern, they threaten other races, politicians and especially the Chinese with this without any care and yet nothing is done.

Throughout his tenure we witnessed huge problems of his making in the country, after successfully killing one our largest exports an natural resources -Tin, by sheer stupidity of trying to corner the London Tin Market something he knew next to nothing about and losing millions for the country if measured at todays value billions, he managed the downfall of Bank Bumiputra Malaysia.

He was the master of wanting to play the games in the markets, having failed in commodities he went to money and lost billions there for us too.

Bank Bumiputra had to be rescued by other banks, and if there is anyone to blamne the buck stops at the top and it was Mahathir Mohammed.

With that in hand the extreme right wing Malay has run wild and lose, that animal form the cage is what is going to get this country down the road to becoming a failed state.

Prime Ministers that followed were no exception they allowed the right wing Malay politicians the freedom to use that card, the May 13 card, just to do two things to win Malay support and to intimidate the non Malays, they have done it time and time again and even Najib did it just prior to May 13 and guess what?

Muhyiddin was with Najib him on that stage in the former TPCA stadium now known as the Tun Razak stadium.

Another thing TPCA stood for Tamil Physical Cultural Association.

There have been countless occasions when this was done, famous ones like Kerishamuddin is one, Kerishamuddin’s was very much like his cousin’s Najib in the TPCA stadium, this was on the eve of Operations Lallang.

Then to move fast forward, Mahathir eventually became Prime Minister of Malaysia, and his initial dream was to create a thousand Malay Millionaires, yes to create the Malay Millionaire in fact he created more and many went bust as we all know too.

He was not concerned how he did it, as long as he did it and that 1000 positions and more were reserved for those who would be his cronies, of course his children got a huge part of that pie,

Among the Malay millionaires he created were members of his family and that is no secret it is known globally so with him came nepotism, then there were others his cronies there were so many and this man who accused the Tunku of being a Chinese lover actually made few Chinese Billionaires too, and people wonder if these are billionaires in proxy for him, because as the Prime Minister he could not get into business and he actually had no faith in the Malays to run his business, so he appointed these Chinese and gave them the easy road to success, and I guess you know just who I am talking about. These were the cronies.

There were Malay groups not in line with him he got rid of them, he could cheat and win and that he did in the UMNO Elections where Tengku Razeleigh Hamzah took on him as a result of Razeleigh’s challenge on the validity of the election results the court declared UMNO illegal and almost immediately Mahathir formed UMNO Baru.

Why UMNO Baru?

Many people even the Malay elite do not know the real reason for this. The UMNO in existence today is not the UMNO founded by Onn Bin Jaafar in 1946, no, no, NO.

Today’s UMNO was founded by Mahathir Mohamed, he will be credited for it in History. Mahathir has engineered the History of this country and made a mockery of it so that no one will know that the Malays are not really ethnic in this land.

The ethnic people of this land are the aborigines and not the so called Malay which has never been a race but rather a qualification, and that is why we see people of so many races being called Melayu today.

In his heart of hearts he envied the Chinese, he admired their work ethic, he hoped the Malays could be like them, he wanted the Malays to be like them but he could not tell them that, so what did he do?

He created the “Look East Policy,” all the people in the far East, the Japanese, the Chinese, the Koreans, the Taiwanese were all a hard working lot, the Asian Tigers came from that region Japan was not an Asian Tiger it already was the Lion of Asia in that sense, the look east was to tell the Malays to look at the Chinese at home.

His plan backfired like it always did and does.

The Chinese in Malaysia took to the look East Policy and prospered, the Malays were just losing everywhere and at every turn, except for those who were awarded mega Government contracts, and monopolies like the famous Approved Permits (AP) that made instant millionaires of selected Malays.

PERNAS failed, MISC had to be run by a non Malay, MAS failed miserably and in every enterprise he appointed a crony it failed and miserably too, nevertheless these cronies became millionaires and as we have seen by some recent disclosures billionaires too.

I guess both of the Prime Ministers who followed him felt that they were anointed to become billionaires any one way it did not matter.

Now after Najib defied him and refused him a number of things he had asked for he turned against Najib, prior to that he even defended Najib for his oath in the mosque saying he did not do it he took an oath.

Well he put Najib in cuffs now and I believe he is the power behind the throne not wanting to look like the wicked selfish crook he really is, then used Muhyidin to engineer this coup with Azmin who is very disposable and believe me he will be disposed of in time.

Now he had to get rid of the Pakatan Harapan government because the gravy train stopped on its tracks the day Lim Guan Eng became the Finance Minister of the country.

With this Chinaman Lim Guan Eng the gravy train not only came to a stop, all the railway stations that ferried the gravy train were shut and there was no way these elite were going to be fed for free on money meant for the people.

Well if the money went to the rakyat, then there was nothing there for them, they want to be continuously fed, many need to be continuously fed or their projects will come to a standstill, that habit of over spending and getting the government to bail them out was no more there, they had already overspent and the bailout was not happening so what was the recourse.

Start pointing fingers to the Chinese again just like he did in 1969, the were the bogeymen the Malays had learned to love to kick even without really knowing why?

Did the Chinese or for that matter Lim Guan Eng misappropriate Tabung Haji money?

Did he misappropriate KWAP funds?

Was he in any way connected to Jho Low and the Billions that went to the pocket of what what was termed a kleptocrat?

In fact Lim Guan Eng was in the process of trying to recover all this money and there was an amount due from the US Justice department seizure so why.

The only reason is the gravy train, and yet another Anwar Ibrahim.

Anwar has always maintained that he knows exactly how the Mahathir clan massed their wealth.
He has maintained that if he became PM he was not going to send Mahathir to jail only that he’d ask Mahathir to return all that ill gotten wealth.

Mahathir was always fearful of that, he could not allow Anwar back because he himself knows that he actually incarcerated the poor fellow, he knows what he did to him and he does not believe that Anwar will let him go so he was not going to allow Anwar to succeed him.

As the pressure from PH began pushing Mahathir to the corner he got Muhyiddin and Azmin to make the move.

If you had followed the case he never committed to Pakatan, he did not know Muhyidin would go for the juggler, he submitted his resignation feeling confident he would come back as PM, but once he submitted it he was gone.

The King they say appointed Muhyiddin on a count he personally made, Mahathir claimed he had another count and asked the King for an audience, the King had made up his mind, he had already given Mahathir the courtesy of one appointment where he submitted his resignation, the King even asked him to stay on as caretaker so the King wonders why the King did not call in his caretaker Prime Minister to inform him that he’d have to give way for his successor Muhyiddin that would have been appropriate, but the King who has the authority in this matter decided to keep Mahathir in the cold.

Mahathir got a taste of his own medicine from the King.

The government of today is a government not by the people, an neither is it of the people but they claim at least the Prime Minister that it is for the people. How can this government be for the people when it is the very people it cheated and continues to do so even in allocation of food during this covid 19 pandemic, and where the PM is fearful to act because he does not have the support to do so, he is back door, and does not have the numbers to support his any move.

For the people? A government which has actually the minority and to survive to ensure people do not hop back a cabinet that is so much larger that that of China, or India and even the USA.

With so many ministers who have become famous within this short span, a few stand out for being so stupid, they are the Minisiter of Health, the Minisster of higher Education, the Deputy Minister of Health who has just had found guilty of breaking MCO and yet Muhyiddin says he has no time for politics.

The fact is Muhyiddin can’t multi task leave alone run a government, he is overwhelmed and so too is the people traitor Azmin, nothing is coming out of them to reprimand, put in place or rightfully sack these incompetent fools who make bigger fools of themselves each time they open their mouths.

Muhyiddin is clueless in the present situation, he has been taught to tell the people just stay at home and has the audacity to tell the people, “Even though you did not vote for us we still care for you,” a greater fool than this with a more foolish statement I have yet to see.

Getting back to Mahathir Mohammed this half baked doctor who always though he had all the prescriptions for the country and could lead the Malays into a phenomenally successful race, turned out to be a tyrant who acctually used his office and trained his successors to do the same – to pillage from the Malaysians and most of all from the Malays.

Today one of his anointed successors, a globally renowned kleptocrat is looking at freedom and in the process seeking ways not only to get back his place in government but also to take revenge on those who exposed him and regardless if he manages to take office or not the trend has been set for the future Prime Ministers of this country who will come from a select few in the society to plunder the wealth of this nation at the expense of its people and to flee when the coffers are all empty.

Mahathir Mohammed who through Mahterism has successfully set this country on a course to become a failed state.

To get out of it we have to eliminate him and his successors still in the system, that is Najib, Muhyiddin, Hishamuddin, Zahid, Anuar Musa, Hadi Awang, Azmin, and the many more.
Ths system has to be purged.

The gravy train must be thrown out of its tracks, any semblance of a track and the crooks will set it rolling again.

Can we stop it.

SEE THE REST HERE

THE Federal Court’s decision not to dismiss the appeal by former Sabah Chief Minister Tan Sri Musa Aman in challenging the validity of Datuk Seri Shafie Apdal’s appointment as rightful CM as academic just because the Election Commission had set the nomination and polling dates or that the Assembly has been dissolved and gazetted, is not surprising. As we are aware even the dissolution has become an issue, not the act of dissolution per se which is any TYT’s (Governor’s) right, but the process or what went into or was not considered in making that decision.

By the oath of office, Judges are duty-bound to uphold the Federal Constitution which is founded on democratic principles. There is a view that every Governor must know that he wears two hats, one as the head of the Executive and the other as part of the Legislature and that these two arms of Government coexist along with the Judiciary as equal partners of the Government. 

As head of the Executive branch of government, he appoints the CM after an election based on his assessment as to who in the Legislature enjoys the confidence of the majority of its members. Once that duty is done his Executive duty ends. 

As to whether the CM thereafter retains that confidence of the Legislature is purely and exclusively a Legislative function that can only be exercised by the Legislature and not by the TYT any longer. 

The pending case before the Federal Ccourt is expected to settle this issue.

In the Sarawak Ningkan case the judge was sceptical of drawing conclusions on the continued majority support of the Legislature by the TYT based on Statutory Declarations, because persons who put their names in a private list supporting a certain person as the CM would hesitate to do so publicly in the Legislature. 

This is also an opportunity to distinguish the Perak case or overrule it as a bad law or a law that is ill suited to deal with the political dynamics in Sabah. One of the canons of Constitutional interpretation is the “organic interpretation “ which was advocated by the FC in the Perak Case. 

By this interpretation the court will interpret the Constitution in a manner to promote the intent of the constitutional provision so as to eliminate the social evil facing the society. In Sabah one of the main political scourges which makes a mockery of democracy has been party hopping.

It has repealed the anti hopping law during the PBS era, following the FC decision in the Kelantan Case that State Anti-hopping laws are unconstitutional, the courts ought to be proactive in curbing the mischievous acts of breach of trust by the elected representatives.

Frogbuster

This was published in the Daily Express Sabah here

wp-1596734195293.jpg

It all started in 1967 when United Pasok Momogun Kadazandusun Murut Organisation (UPKO) ( corrected, UNITED PASOK KADAZAN ORGANIZATION), was the 1st political party to practice party-hopping in Malaysia. Upko left Sabah Alliance. After the elections, Upko’s assemblyman for Kiulu, Payar Juman, crossed to Usno, enabling the party to form the government then. Tun Mustapha offered Payar the Social Welfare Minister’s post in the Usno government. Upko was then dissolved and merged into Usno in 1967.

Then in 1994, former Upko president Bernard Dompok from then opposition PBS joined the BN alliance to form the government. The PBS government collapsed.

Again in 2018, after winning their five seats on BN symbol, flags and manifesto, Upko decided to ditch the BN coalition. Yet again practiced party-hopping which caused Shafie Apdal to form the Sabah State Government despite Musa Aman legally appointed the Chief Minister of Sabah.

And so Upko lived up to this image of unprincipled politics.

Regardless of how they defended it, by removing the Anti-hopping Law in the early 90s’, Dr Mahathir had allowed this unhealthy culture of party-hopping to be institutionalise in Sabah. Voters and political parties had no legal remedy at the moment due to a 1992 ruling by an apex court that had legalised party-hopping. Dr Mahathir even said, “we are a democratic government, we believe in democracy and democracy allows even frogs to jump.” The term “frog” or “political frog” is used to describe the act of a certain politician who had hopped from one party to another.

So now Shafie is supporting the very same person – Dr Mahathir, who encouraged party-hopping and who many people especially the Parti Bersatu Sabah (PBS) supporters blame for the collapse of the PBS state government in 1994. What happening right now is reminiscent of Sabah 1994. Betrayal of the people’s mandate at the highest order. Then Parti Bersatu Sabah (PBS) had just won the 1994 state elections with a slim majority of 25 seats against BN’s 23 seats. PBS government lasted only about two weeks before it was forced out of power through undemocratic manouverings by BN. Sabahans were aware of the carrots received by those PBS assemblypersons who defected to BN.

Since Shafie is supporting the very same person who encouraged party-hopping in Sabah, he should not have any worries about his Warisan and Upko assemblymen wanting to jump.

What about the time Shafie accepted the BN representatives who jumped regardless of whether any incentives were offered? The present Warisan government would not have been possible if Shafie did not exploit it.

Now with the defection of two state assemblymen from United Progressive Kinabalu Organisation (UPKO’s) Limus and Ratib, the state coalition holds 45 seats in the 65-seat state assembly, including four nominated assemblymen.

Hence, Shafie should not be too upset that more of his people are about to jump.

An angry Shafie has hit out at Muhyiddin’s PN for ‘engineering’ these defections. Shafie’s anger may be justified  but perhaps it’s something Shafie once sowed.

What was once legitimised by Shafie supporters has come back to haunt him.

With changing times, political karma seems to have caught up with the Semporna strongman.

You can have all the people around you but when the time comes and its a matter of survival, they will dump you.

And in the meantime, Musa Aman’s civil suit appeal over the right to the chief minister’s post is expected to be heard in the Federal Court real soon, two years has passed. Shafie by now must be having sleepless nights!

Sabah’s hunger games!

Note: See here, this piece came out in Malaysia Today

Editor’s Note: The Government has been urged to enact anti-hopping legislation to prevent lawmakers from switching parties, which has led to the current political turmoil.

Notwithstanding the judicial pronouncement in the case of Dewan Undangan Negeri Kelantan & Anor v Nordin bin Salleh & Anor [1992], Malaysians are of the view that there was no prohibition from the said case for Parliament to legislate anti-defection laws at the Federal level.

The case of Dewan Undangan Negeri Kelantan v Nordin Salleh [1992], came to the conclusion that an amendment to the Kelantan constitution, which prohibited party-hopping was inconsistent with Article 10(1)(c) of the Federal Constitution, which provides that Parliament may by Federal law, impose restrictions on the freedom to form associations in the interest of security, public order or morality.

That the switching of political allegiances after being voted in by the rakyat, can be considered as a betrayal of trust, and politically immoral.

Anti-hopping laws were very much required in order to enhance political stability and public confidence in the democratic process and respect for the decision made by the electorate.

In a democratic nation where the rule of law is held sacrosanct, it is high time for Malaysia to enact laws that make crossing of the floor in the State Assembly or Federal Parliament, illegal.

 

Folks, at this crucial time, please continue taking precautions as Malaysia battles #coronavirus in a united manner.

As of today 19th March, Malaysia has recorded another 110 new Covid-19 cases, bringing the total number of patients so far to 900 people.

Sixty-three of the latest cases are linked to the Tabligh convention at the Sri Petaling Mosque early this month.

Worldwide, the Covid-19 pandemic has led to over 8,000 deaths and close to 200,000 cases of infection.

So, as PM Muhyiddin announced yesterday, “Just stay at home.”

Stay safe folks and do not use the backdoor, this too will past….

#DudukRumah

One thing I want to say about the political outcome is that although it is a backdoor government, it may be bad for the Peninsular Malaysia but very good for Sabah.

At last the illegal immigrant problem in Sabah will be tackled effectively because it was during Dr Mahathir’s time that the illegals problem worsened as Mykads were issued to hundreds of thousands of illegals to bring down the Christian-led PBS government.

Suddenly Sabah had the largest UMNO members after Johor. This too failed to bring down the PBS Sabah state government because PBS managed to obtain a simple majority of 25 seats in the then 48 seats Sabah State Assembly in the 1994 elections, and PBS president Joseph Pairin Kitingan sworn in as chief minister of Sabah. However, as a result of defections of PBS assemblymen to the Barisan National, Pairin was forced to resign on 17 March 1994.

With horse-trading PBS assemblymen were promised numerous political positions, power and even money to switch allegiance. PBS was then left with only 5 seats. After 1994, PBS was split into PBRS, AKAR, SAPP and PDS.

So it was UMNO that bought over PBS Assemblymen to form Malaysia’s FIRST backdoor government in 1994.

Before that, Dr Mahathir said the Anti-hopping Law would violate the constitution because it forbade the elected representatives jumping over to the other side for monetary gains and he was in the know that millions had changed hands. Dr Mahathir defended the removal of Anti-hopping Law saying it was against the freedom of association right of the assemblyman, regardless of the rakyat who voted for the assemblyman.

So when all this was happening to Sabah, nobody in Peninsular said anything. Why be angry now that a backdoor government was formed at the federal level? And why is Dr Mahathir so afraid that the states including his Kedah state will fall due to defections to Muafakat Nasional/Perikatan Nasional?

Dr Mahathir the doctor is getting a taste of his own medicine!

Beware the Ides of March.

On March 15, 44BC, Calpurnia, wife of Julius Caesar, tossed and moaned in her sleep while her husband looked on. Abruptly, she bolted upright in bed, awake, but screaming and weeping from a nightmare in which her husband was stabbed and spurting blood. Suddenly, the doors and window shutters banged open, flooding the bedroom with moonlight.

That same night, a little bird had flown into the Forum, pursued by wild birds, who tore it apart in the hall. Calpurnia begged Caesar not to go to the Senate, though he had been specially summoned with a promise that he would be crowned king that day.

Other signs foretold the assassination. A group of Caesar’s horses refused to graze. A sacrificial offering made by Caesar had no heart, and the soothsayer Spurinna warned him to beware the Ides of March.

Calpurnia’s distress was so out of character that the dictator stayed home until late in the day, when his good friend Brutus arrived to fetch him. Brutus ridiculed the dream and divination, mocking Caesar and telling him that the Senate had been waiting all day for his arrival. Together they left for the Forum.

Along the way, they passed Spurinna, and Caesar remarked, “The Ides of March are come.” The soothsayer replied, “But they are not past.”

Upon Caesar’s arrival at the Senate, the sixty senators stood in respect, and then one man approached Caesar. He grabbed Caesar by the shoulders and plunged a knife into his neck. The assembly then rushed at him, unsheathing their daggers. Caesar was stabbed twenty-three times and was left dead. For the next seven nights, a comet streaked through the heavens.

And In Malaysia, the members of parliament are ‘stabbing’ each other openly since last Sunday 23rd of February 2020, after months of plots and counter-plots to control Putrajaya.

Today March 1st 2020, The Agong had enough and has decided, Muhyiddin Yassin is the eighth Prime Minister of Malaysia by the King’s appointment. The process of the appointment of the Prime Minister is over.

Now its up to Parliament, Parliament will decide on a Vote of No Confidence. That is the way ! This is Parliamentary democracy!

Selection by The King for the 8th PM was not based on the number of Statuary Declarations from all the MPs. It’s the opinion of the Agong whom he feels can command the respect of the majority in parliament, based on this The King choose Muhyideen Yassin as the 8th Prime Minister of Malaysia.

Parliament is siting on the 9th of March 2020. If it is not postponed, MPs can go to Parliament on the 9th of March and show their support for Dr Mahathir or Muhyiddin Yassin.

If Muhyiddin loses the vote of no confidence, he has the power to advise the Agong to dissolve Parliament and a new elections will be held, which is not what Dr Mahathir or DAP wants.

Serious horse-trading is going on now. The Battle for Putrajaya is on, and this is Malaysian version – IDES OF MARCH!

Coronavirus tests world’s dependence on China

Businesses like Starbucks, Ikea, Ford and Toyota are shutting down locations in China, and Apple is rerouting supply chains as the number of people infected by a mysterious flu-like virus passes 7,000.

It’s not clear how quickly these businesses will bounce back.

Tourism is also suffering. British Airways suspended all flights to the mainland, and United Airlines and Air Canada joined a growing number of carriers reducing service. In Sabah, AirAsia has stopped all KK-Wuhan flights till Feb. 29. Governments around the world are issuing travel warnings, including Malaysia.

China has been the world’s largest source of tourism dollars, but it appears unlikely that Chinese tourists will spend what they typically do — $258 billion annually, nearly twice the tally of Americans.

Sabah’s tourism in 2018 with tourism receipts at RM8.342bil was a record-high of 3.879 million arrivals. The top market source was China, with a total of 593,623 Chinese tourists visiting Sabah in 2018, averaged about 50,000 every month.

The Malaysian government temporary ban on residents from the Hubei province and its capital city of Wuhan from entering Malaysia will cost Sabah tourism to lose RM100 million a month based on estimated spending of RM2000 per Chinese tourist.

As of December 2018, direct flights from China to Kota Kinabalu International Airport (KKIA), totalled up to 125 flights per week.

The toll: China said that 170 people had died so far from the virus and more than 7000 cases had been confirmed, which is believed to have originated in Wuhan. There have been no reported deaths outside of China, but cases overseas have been rising.

Nearly 60 million people are under partial or full lockdowns in Chinese cities.

Answers: Bats are considered the probable source of the outbreak. They have an immune system that allows them to carry many viruses without getting sick.

How to stop it: Scientists in China, the U.S. and Australia are racing to develop a vaccine, a quest that could take months, if not years.