Posts Tagged ‘musa aman’

Happy Birthday, Tan Sri!

Posted: March 30, 2020 in Musa Aman
Tags: ,

Happy birthday, Tan Sri Musa Aman, and many happy returns of the day. You are 69 today. With sincerity and humility, I pray for your good health.

You have come a long way, finish what you started, perjuangan mu belum selesai! Keep going Sir!

Stay safe and God Bless You Always Tan Sri!

Here is a song for you….


The High Court decision that Sabah and Sarawak have the right under the Federal Constitution to impose sales tax on petroleum products sourced from the state is a major victory which suggests that the judiciary is free from political interference and more fair.

I dare say that such a decision would have been unheard of before where the federal government could be easily formed by one dominant party which even boasted about it.

Perhaps it is not too late to file for a judicial review of the 1992 federal court decision during Dr Mahathir’s administration that the Anti-Hop Law to prevent unprincipled politicians from frogging is undemocratic.

It was in 1985, that the idea of an Anti-Hop Law was mooted by the Parti Bersatu Sabah (PBS) government.

In 1992, the Federal Court, the highest court in the land, ruled that an Anti-Hop law was unconstitutional as it is against the freedom of free association by an individual. Since then the Anti-Hop law was repealed.

That controversial decision allowed Dr Mahathir to form a backdoor government in Sabah despite PBS having won a slim majority of 25 seats against BNs 23 seats in the 1994 state elections.

Pairin Kitingan had to wait for more than 36 hours outside the palace (Istana) gates before he was sworn in as the chief minister because of manouvering by Barisan Nasional leaders who could not accept the people’s democratic verdict. PBS government lasted only about two weeks or a little more before it was forced out of power.

Happened again in 2018, May 9th GE14 after Musa Aman was sworn in as Chief Minister, UPKO frogs defected, the Head of State Tun Juhar Mahiruddin said that Musa no longer commanded the majority and Shafie was sworn in as chief minister on the night of May 12. Another backdoor government via frogging!


Besides the economy, Sabah and democracy are themselves undergoing a stress-test.

It is commonly understood that the most acceptable marker of economic growth of a state is its Gross Domestic Product (GDP). Economists, who rarely agree with each other, acquiesce with this economic measure; that is a considerable achievement by itself.

However, since CM Shafie Apdal took charge of Sabah on May 12, 2018, after the defections of Upko assemblymen who after winning their five seats on the BN symbol, flags and manifesto led to the loss of Musa’s majority. Ever since then, Sabah’s GDP has become a subject of controversial discussions, especially since it accompanied several grotesque claims of government achievements that appeared questionable.

While the Opposition decried the GDP chest-thumping roar as akin to cockamamie, the Shafie Government gloated on its spectacular accomplishment, its spokespersons hyperventilating on TV screens and social media.

Something is clearly amiss. Many think Sabah’s data under Shafie is not just cooked but barbecued.

I try to unravel this intriguing conundrum, in brief, by addressing questions that crop up with predictable regularity.

What was the GDP inherited by the present Shafie’s Government from the former Musa’s Government?

It was 8 per cent – healthy, strong and recovering robustly.

But, Shafie and his Warisan coalition through their massive propaganda machine spread the canard of apocalyptic doom that “Sabah was on the verge of a collapse”, as fearmongering and manufacturing anxiety suits. In May last year, Chief Minister Shafie Apdal claimed that Sabah was in financial difficulty and the previous Musa administration did not leave RM4 billion reserve as claimed. Shafie, who is also Sabah’s finance minister, insisted that the state’s reserves were in the negative.

Since then, however, the auditor-general’s report for 2017 has indicated otherwise, leading the state’s Opposition to dispute Shafie’s claim.

After confusion and controversy over Sabah’s financial health, state treasurer Rusdin Riman said that the state grew its reserves by over RM4 billion last year-2017.

What about the claim by Shafie that his government is responsible for the miraculous turnaround to make Sabah the fastest growing economy?

It is an absurd proposition that even a kindergarten child will debunk. How can a economy make such a dramatic turnaround within 15 months, one which was being disingenuously trashed by Shafie as a failure just a few months earlier?

The truth is that Sabah moved into the global financial arena taking giant footsteps under the 15-year period of then CM Musa Aman.

Many have called it the golden period of Sabah’s economy, as for the first time ever, we witnessed a 10-year average GDP growth rate of 7.7 per cent and lifted a million people above the poverty line, reflecting the successful model of inclusive growth.

In successive years, between 2003 to 2018 April, Musa’s government reached growth rates of 8 per cent, hitherto deemed unreachable, almost reaching double digit growth levels.

In short, Sabah was much better under Musa than under Shafie now. How do you compare the Musa’s GDP performance over that of Shafie?

There is no comparison whatsoever; GDP went up by over 300 per cent during the 15 years of Musa government. The Musa government performed extraordinarily better compared to the anaemic, almost lackadaisical numbers of Warisan-Upko-PH government.

In fact, Shafie’s government had a great opportunity to build on a strong inheritance from the previous Musa’s government, but wasted a burgeoning growth momentum.

One must remember that the Musa’s government succeeded despite facing Malaysia’s worst economic crisis, recession of 2007-08, low oil prices, drop in timber royalty due to export ban and running a difficult coalition government, and facing repeated sabotage by Shafie at the Federal level and a very difficult Vice President of Umno to deal with.

Why is the ground reality so different from the headlines and the hype?

Under Shafie, what you see is not what you get; there is selective cherry-picking, exaggerated claims, new methodologies adopted to make a sheep look like a lion, and in many cases, data that inspires grave apprehensions about their authenticity. Shafie indulges in a lot of puffery.

Thus, we have this atrocious contradiction where Shafie claims that Sabah is a growing economy, but the farmers are crying under severe rural distress, joblessness, private investments, exports, aggregate private expenditure are all looking dismal.

It hardly needs further assertion that the rural economy, in particular, has crippled small businesses. Lucky for Shafie, there is tourism, thanks to previous Musa’s government for laying the groundwork and logistics.

The damage is still being undone.

Is GDP the only macro-indicator of the health of the economy?

No, it is not, it is just the easiest one. The true health of Sabah is determined through a more detailed biopsy of economic and social indicators, mostly job creation, per capita income, export performance, gross fixed capital formation, reduction in poverty levels, per capita expenditure allocations to health and education.

On all these factors, Shafie has slipped by having both feet on a banana peel. We must not forget that the relevant index for Sabah is Human Development Index. The fact that we have seen an alarming dip in Poverty Index, or the Gender Disparity Index should tell us that this government has merely indulged in headline-hunting, rhetorical speeches, statistical manipulation and massive publicity blitzkrieg.

Besides the economy, Sabah and democracy are themselves undergoing a stress-test due the presence of huge number of illegals immigrants with fake IDs.

About time. Governance in a democracy is like a fishbowl, everyone must know the truth. But under Shafie opacity rules, or as Salman Rushdie would say, there is a lot of chutnification going on. But truth does ultimately win.


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This woman Rohani Ismail was charged in the Kota Kinabalu Magistrate’s Court with CHEATING 127 ILLEGALS for supposedly helping to obtain “entry permit” and converting IMM13 documents to MyPR through letters addressed to Deputy Home Minister Datuk Azis Jamman.

The case management date was on May 15, 2019. I hear from legal circles this woman has been given a Discharge Not Amounting to an Acquittal (DNAA) by the Magistrate. Can the Magistrate do this? This is public interest. Cannot simply charge a person and later say discharge not amounting to an acquittal without a trial. If you charge a person means got sufficient evidence. Our new Chief Justice Datuk Tengku Maimun Tuan Mat who is committed to improving the image of judiciary should act on this matter urgently.

This is a very serious matter, even Azis Jamman’s name who is the Deputy Home Minister and Ketua Wira Warisan Sabah has been dragged into this case.

And Azis Jamman is saying that the issue of illegals getting documents is being played by the opposition party who claim Warisan is a party that gives identification cards to undocumented immigrants. This is so pathetic, Azis is the Deputy Home Minister and his Boss Muhyideen Yassin is the Home Minister.

And conveniently, Azis Jamman is pointing fingers at former chief minister Musa Aman’s involvement in Project IC based on Dr Chong Eng Leong’s one book – Lest We Forget . The book itself contained outlandish generalities and unsubstantiated statements. Simply blaming Musa now. It was under Musa’s administration when the highest number of illegal immigrants were deported out from Sabah – 582,139 people.

Warisan should get real and be more robust in their efforts to flush out illegals, that’s how to counter allegations. Stop the blame game. All these are causing alarm among Sabahans who fear that citizenship documents are being dished out to foreigners and this casts a cloud of suspicion on what is actually happening.

Unfortunately, the issue has become so politicized that common sense has been thrown out the window. The matter is now strictly viewed through partisan lenses.

………….

This came out in the Daily Express

No photo description available.

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30th June 2019, this came out in the Daily Express.

No photo description available.


2017 Auditor-General’s Report Series 2 has vindicated the previous Musa state government. As published in the 2017 Auditor-General’s Report , the accumulated balance in the Sabah State Treasury was RM3.8 billion in 2017.

KOTA KINABALU, Dec 5 — The Auditor-General’s 2017 report on Sabah clearly vindicates former Chief Minister Tan Sri Musa Aman, whom the current administration accused of mismanaging finances, Datuk Hajiji Mohd Noor said today.

Hajiji said that they were not surprised by the A-G’s Report as it was just a continuation of similar reports for the last 15 years under Musa as Sabah Minister of Finance.

“It is not too far-fetched to even say that Musa was one of the best financial managers Sabah ever had. He managed to present a surplus Budget for 2018 despite the dismal price of oil back then and surplus accounts for 16 years in a row,” he said in a statement here today.

Hajiji said in terms of basic accounting, the report means the previous administration did not spend more than it earned, and Warisan’s claims that the state’s finances were badly managed and that the party was left with not enough to fulfill their manifesto, were untrue.

“In the wake of May 12, Warisan openly claimed the state’s finances were in dire straits. Sadly, this alleged lack of funds is the old song and dance that they keep using as an excuse to not deliver to the people…however, the figures for 2017 speak for themselves,” he said.

May 12 was the date Datuk Seri Shafie Apdal was sworn in as Sabah chief minister.

“The recent revelation of the A-G’s report proves that the state government has contradicted itself when presenting the Sabah Budget 2019 recently. Since helming the office, the Warisan government has committed numerous flip flops on Sabah’s financial position,” Hajiji said.

“Initially they said there is no money in coffers and then, suddenly there is money but wait…it looks like there is money but it is through accounting manipulations,” he said.

According to the report from the A-G which was released on Monday, the state’s consolidated fund increased, there was surplus resulting in the accumulated balance rising, revenue collection increased, and also an increase in operating expenditure.

The consolidated fund rose last year by RM390.64 million or 16.2 per cent to RM2.8 billion in 2017, compared to RM2.41 billion in 2016. There was also a surplus of RM56.66 million in 2017, resulting in the accumulated balance rising to RM3.8 billion or 1.5 per cent while revenue collection increased by RM444.44 million or 12.9 per cent to RM3.89 billion in 2017.

Investments in fixed and state deposits reached RM2.51 billion and investments in public corporation and statutory bodies totalled RM6.58 billion. The two investments brought in RM112.67 million and RM140.43 million in interests and dividends.

Hajiji said that in spite of Musa’s achievement, the Warisan-led government chose to mislead the people on Musa’s performance as chief minister and finance minister for the last 15 years, which was not only an act of incompetence but malice in an attempt to belittle the achievements of the previous state government.

“If the new administration does not have the decency or the courtesy to acknowledge the milestones of its predecessor, the least it can do is to not mislead the people. In civil society, in spite of political differences, gentlemen still shake hands and give credit where credit is due,” said Hajiji, who is also Sulaman assemblyman.

After taking office as chief minister, Shafie announced he was taking up the Finance portfolio as well, to clean up the “financial mess”. He also later said that the state Barisan Nasional government had not been forthcoming about the state’s financial status, claiming the state’s RM4 billion reserves were non-existent.

Musa was chief minister of Sabah from 2003 to 2018, when he was ousted from the post despite a controversial narrow win in the state and general elections.

He has since been trying to get the courts to declare his ouster as unconstitutional but is also facing several charges of corruption.

This piece came out in the Malay Mail

http://www.dailyexpress.com.my/news.cfm?NewsID=129243


Raids are on political figures across the country, even if they are now restricted to only non-Pakatan Harapan leaders, should be welcome. People who accumulate money by misusing powerful positions must be brought to book.

BUT it would amount to nothing but vendetta if leaders of Dr Mahathir’s Bersatu, PKR, Amanah and others in the PH are exempted, including Party Warisan. It cannot be anyone’s case that PH leaders or their allies don’t amass money. A scrutiny of their Election Commission submissions will be quite revealing.

I have been saying this for quite some time. Why go far, raid the chieftains of all parties and their relations and you will come to know about others. Also check all the diary entries of all businessman to know who all did they pay over the years, not dismissing them as “Routine Accounts”. Then the crimes like rapes and murders by politicians, now that people have started coming out to allege sexual harassment by leaders.

As far as Borneo states are concerned certain correction is happening now. Till recently some big time business tycoons and politicians are untouched as entire income tax department and the corruption agency here was in the hands of those people who were with Barisan National Putrajaya. Following the breakup of Barisan National after GE 14 there are searches.

Dr Mahathir is no holy cow in using institutions like ACA now called MACC, and the Tax Department. During his 22 years rule countless times he used them against other party leaders as well as his own party leaders who revolted, he is doing it again. See what he did to Musa Aman just two days before the court verdict for the rightful Chief Minister of Sabah? He charged Musa Aman for corruption. He charged Musa Aman for a case which was closed 14 years ago, he resurrected the case and charged Musa Aman for corruption.

Why did the charges against Musa come just two days before the court is set to rule on his challenge against Mohd Shafie Apdal’s legitimacy as Sabah’s current chief minister? Is it not to influence the judiciary? Is this not selective prosecution? And worst still, as speculated in the social media, the judge involved in the ruling has been promoted to the Court of Appeal.

Another side of the story. Ideally action should be taken against all irrespective of their political affiliations. But if corrupt are taken to task even as pure vendetta it is welcome. Next time when the other comes to power they should also take action by way of vendetta, and the score will be settled. But my guess is that even these vendetta are just for public consumption.

Credibility comes when you do it to your own also. When Fidel Castro ordered the nationalisation of all big farms in Cuba, the first farm expropriated was that of his father.


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(Dr Jeffrey Kitingan of STAR Sabah & Wilfred Tanggau of UPKO)

Kota Kinabalu, Sat 3 Nov 2018

LETTER TO THE EDITOR

Sabah may see ‘shift’ in political allegiances

Speculation is rife in Kota Kinabalu, in the run-up to Nov 7, that several state assemblypersons may ditch the state gov’t soon to sit as “independents” in the state assembly.

It was not immediately clear from talk in the social media on whether the “shift” would take place before or after Nov 7.

Nov 7 is the day the High Court would decide on the lawful chief minister of Sabah. Umno Sabah Chief Musa Aman was sworn in as the head of gov’t on May 10. Forty eight hours later, the Governor swore in Parti Warisan Sabah president Shafie Apdal to replace the former.

According to the political grapevine, the “rebel” lawmakers have a long list of grievances which are yet to be addressed by the new administration.

“Don’t focus on Nov 7 too much,” said one post in a whatsApp group. “This has gone beyond Nov 7.”

“There are serious issues which are yet to be addressed.”

The “rebels” have claimed in private chat groups that it was premature at this juncture to flog the issues in public.

They are hoping against hope that the state gov’t will address the issues. If they are addressed, naturally there won’t be anyone taking an independent stand in the state assembly.

It has been learnt that some of the grievances of the “rebels” include the registration of “dubious” people for the issuance of late registration birth certificates and ICs, the state gov’t’s stand on a spate of fires that took place since mid-May in several squatter settlements, and land issues.

Other issues are appointments in the new administration, and the dismissals of village chiefs.

The “rebels” appear uncertain on how many of them would support the lawful Chief Minister declared on Nov 7. That appears to be a separate issue with the rebels.

All lawmakers have to search their conscience on the court’s declaration.

Perhaps they will cross the bridge when they come to it.

The circumstances under which the switch of chief ministers took place on May 12 remain somewhat murky. There are allegations of a conspiracy during the 48 hour period. Six nominated state assemblypersons, proposed by Musa, were also not sworn in.

Musa was not given the right to go to the state assembly to gauge his level of support. If he had been given the chance, it’s unlikely that any gov’t Bill would have been defeated.

It doesn’t happen.

If a gov’t Bill was defeated in the state assembly, it would be tantamount to a vote of no confidence in the chief minister.

The High Court is expected to shed light on Nov 7 on whether the defeat or otherwise of a gov’t Bill in the Sabah state assembly should be the “gold standard” to demonstrate the lack of confidence or otherwise in a sitting chief minister.

Amir Hussein Sulaiman (Tel: 0168406756)

A concerned citizen from Sarawak in the Land Below the Wind


PRESS STATEMENT

Sabahans see end to simmering ‘constitutional crisis’ on 7-11

An eerie calm has descended on Kota Kinabalu in the run-up to 7-11, Nov 7, the day that Judge Yew Jen Kie from Sarawak will rule on whether the appointment of Shafie Apdal as Chief Minister on 12 May 2018 was constitutional or otherwise.

Musa Aman was earlier appointed, on May 10 in the wake of GE14 on May 9, as Chief Minister. Musa’s Barisan Nasional (BN) secured 29 seats, the majority under one symbol, in compliance with the Sabah Constitution.

Six defections from BN to the other side precipated the constitutional crisis which has been simmering since May 12. Shafie’s seats which can be counted under his Parti Warisan symbol remain at 21, less than the 23 seats left with Musa on May 12.

Shafie claims he has crossed the simple majority mark in the 60-seat state assembly under a coalition of parties viz. DAP, PKR and Upko with Warisan.

However, Musa still has the majority under the Sabah Constitution which stipulates the Chief Minister must have the most and/or largest number of seats under a registered political party i.e. one symbol.

The consensus in the court of public opinion sees Musa returning as Chief Minister to head a minority gov’t.

The public debate has come around to the realisation that the Sabah Constitution mandates this unique situation. It has no provision which calls for a simple or absolute majority to be Chief Minister.

The Shafie camp has been left clutching at straws.

They believe the judge can pull a “magical rabbit” from the hat in their favour.

The “magical rabbit” the judge can pull from the hat on Nov 7 would be to say that “it cannot be the intention of the state assembly to deny the formation of coalition gov’t in the 2nd instance, i.e. May 12, when the gov’t in the 1st instance, i.e. May 10, was ‘challenged’ by defections”.

If so, such a ruling would be fundamentally flawed, riddled with errors in facts, and errors in law.

True, it cannot be the intention of the state assembly to prevent/discourage the formation of coalition gov’t.

However, having said that, the main party in the coalition gov’t must still have majority as defined by the Sabah Constitution.

If coalition gov’t arises, the party in the first instance, i.e. May 10, can put together such a gov’t, if not go to the state assembly as a minority gov’t.

Minority gov’t is lawful.

It has to depend on independent lawmakers and/or rebel lawmakers to see the passage of gov’t Bills in the state assembly.

Not surprisingly, the public debate on May 12 has come full circle indeed. The court of public opinion expects Musa to be restored as Chief Minister on Nov 7.

Daniel John Jambun

Human Rights Advocate

Tel: 010 878 6993

President

Borneo’s Plight in Malaysia Foundation (BoPiMaFo)

Thurs 1 Nov 2018

Kota Kinabalu, Sabah, Borneo-Malaysia


PRESS STATEMENT

Shafie Apdal should respect ‘majority’ defined in Sabah Constitution

Beleaguered Chief Minister Shafie Apdal and his lawyers have been a bundle of contradictions in the court of public opinion on the issue of majority in the state assembly.

Briefly, they can be answered in simple terms:

Lawyer Douglas Lind for Shafie has been harping since the oral submission on Thurs 25 Oct 2018 that his client has the numbers with him.

He doesn’t talk about the majority defined in the Constitution.

Article 6(3) read together with Article 6(7) gives effect to the true meaning of majority in Article 6(3).

Numbers, according to Douglas, means Warisan 21 + Upko 5 + DAP 6 + PKR 2 = 34.

After May 12, the numbers were 34 + Umno 7= 41.

Had the Upko 5 joined Warisan as members before May 12, then Shafie would have had the majority as defined by the Sabah Constitution.

We assume the High Court would let the frogging by the Upko 5 to pass.

In fact, the correct interpretation of Article 6(7) eliminates and/or reduces party hopping as also intended by the repealed Article 18(2) (d).

The Sabah Constitution, in defining majority, talks about numbers under one symbol i.e. a registered political party, not coalition of parties.

The Umno 7 defected after May 12. Even if they have since joined Warisan, it cannot be counted.

On May 12, Shafie had only 21 lawmakers.

Musa Aman had 23 lawmakers with him. So, he had the majority i.e. more seats than Warisan and the largest number of seats.

Again, the definition of majority in the Sabah Constitution refers.

Musa just has to get the support of another 8 lawmakers to pass Bills in the state assembly or defeat any motion of no confidence.

Since Barisan Nasional (BN) is now down to 19, Musa has to get the support of another 12 lawmakers to pass Bills or defeat any motion of no confidence.

In any case, the Speaker can throw out any motion of no confidence.

Hopefully, the state assembly would not be dissolved before Nov 7. We just had GE14.

Article 6(7), inserted in 1990 by Enactment No. 5/1990, did not use the term absolute majority, in recognising that when more than two parties contest, none will secure an absolute majority in the state assembly.

Article 6(7) is a unique feature of the Sabah Constitution, and one absent in other state constitutions including Perak.

Majority, as per Article 6 (3), if read to mean 31 state assemblypersons out of 60, would be a grave constitutional error, as lawyer Sukumaran Vanugopal cautioned in the High Court on Thurs 25 Oct 2018.

Daniel John Jambun

Human Rights Advocate

Tel: 010 878 6993

President

Borneo’s Plight in Malaysia Foundation (BoPiMaFo)

Sun 28 Oct 2018

Kota Kinabalu, Sabah, Borneo-Malaysia


For immediate release:

I laud Prime Minister Tun Dr Mahathir Mohamed’s assurance on restoring the status of Sabah and Sarawak in accordance with Malaysia Agreement 1963.

It is indeed a timely announcement made on Malaysia Day, reflecting the true historical meaning of the date itself.

The restoration of the status of Sabah and Sarawak in accordance with MA63 is something that Sabah leaders have been striving for.

It is also one of the ideals that the previous administration pursued in the spirit of cordial Federal-State relations.

The announcement by the Prime Minister shows that he understands the sentiments of the people of Sabah and Sarawak.

I believe the support to restore the rights under MA63 comes from both sides of the political divide.

Hence, it is our hope that the proposal to restore Sabah and Sarawak’s status in line with MA63 will be hastened.

Such a move will strengthen the Federation of Malaysia, reduce the development gap between East and Peninsula Malaysia and improve the welfare of the people in Sabah and Sarawak.

Tan Sri Musa Haji Aman
September 17, 2018