2024: Another year of U-turns and broken promises(Malaysia Now). Should we who want REFORMS abandon PH(DAP,PKR, Amanah...)?

Another year, and it is now more that 24 Months that Prime Minister Anwar Ibrahim has become Prime Minister, and we have had a Pakatan Harapan led government ...

So, WHAT are REFORMS that have come in ... I, sadly, find it difficult to list any POSITIVE reforms --

Read the attached article - you may want to ADD more...

IF PAKATAN HARAPAN, where DAP has the most seats, cannot be that ALTERNATIVE reform bringing government, is it time to consider what is the other ALTERNATIVES out there ... 

 

 

2024: Another year of U-turns and broken promises

MalaysiaNow looks back at some of the news that turned the former opposition leader's reformasi slogan into an object of ridicule.

MalaysiaNow

December 31, 2024 12:17 PM

This year was once again peppered with statements and decisions by the Anwar Ibrahim administration that have spurned the spirit of reform and violated his various promises of the past two decades.

MalaysiaNow looks back at some of the news that turned the former opposition leader's reformasi slogan into an object of ridicule.

January

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Turncoat MP brought into government
Syed Abu Hussin Hafiz was appointed to lead the food prices and cost of living committee under the national action council on cost of living, in what is seen as a reward for his declaration of support to Prime Minister Anwar Ibrahim.

Frequent overseas trips
Anwar continued to travel abroad, which critics described as unnecessary. He travelled to 16 countries in 2024, raising questions about how they benefit Malaysia's economy as well as on the costs of the trips involved. Criticism was further fuelled by Anwar's admission that several private companies had sponsored the government's trips.

February

Former MP investigated under Sedition Act
Former Damansara MP Tony Pua was probed under Section 4(1) of the Sedition Act 1948 and the Communications and Multimedia Act 1998 for allegedly insulting the royal institution regarding the pardon for ex-prime minister Najib Razak.

March

Anwar's former aide emerges as HeiTech Padu shareholder
Farhash Wafa Salvador Rizal Mubarak was revealed to possess a 15.9% stake in HeiTech Padu Bhd, which later won a RM892.19 million contract for the National Integrated Immigration System by the immigration department.

April

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Sedition Act used on activist
Badrul Hisham Shaharin was arrested and charged with sedition for discussing a Bloomberg report on a proposal for a casino in Forest City, Johor.

May

Delayed 'justice'
Despite dashcam video showing deaf e-hailing driver Ong Ing Keong being assaulted by a policeman escorting the entourage of Johor regent Tunku Ismail Sultan Ibrahim, the attorney-general has remained silent for months to prosecute the culprit. Policeman Taufik Ismail was only charged five months later after protests from rights groups and disabled support groups. Critics also questioned the anonymity he was granted as officers shielded him from the press before he was let out with a RM1,000 fine.

June

Diesel hike
Despite Anwar's decades of promises to slash fuel prices if he came to power, Putrajaya scrapped blanket subsidies for diesel, causing the fuel widely used in the logistics sector to rise to an all-time high of RM3.35 per litre.

July

FT mufti bill tabled 
The Mufti (Federal Territories) Bill 2024 was described as unconstitutional for limiting the role of mufti to individuals from the Ashairah and Maturidiyyah schools of thought, apart from criticism that it usurps the power of the Agong in federal Islamic matters. The second reading of the bill was postponed following vehement opposition.

Speaker refuses to vacate seats of turncoat MPs
Dewan Rakyat speaker Johari Abdul rejected Bersatu's request to vacate the seats of its six MPs who ceased to be party members after declaring support for Anwar, despite the anti-party hopping law providing for by-elections for these seats.

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August

Social media licence announced

The communications ministry announced licences for social media services effective 2025. The move was criticised over concerns that it would open the door to government abuse in order to silence critics. It was also expected to affect press freedom and freedom of expression, even as Malaysia fell 34 places in the World Press Freedom Index.

Pro-Palestine activists arrested
Two pro-Palestine activists were arrested at a gathering for carrying a "sensitive" placard urging Putrajaya to cancel an agreement to bring in Israeli-friendly investment giant BlackRock to partner Malaysia Airports Holdings Bhd.

Muhyiddin charged under Sedition Act
The former prime minister was charged in relation to remarks said to concern 3R issues during a ceramah for the Nenggiri by-election.

October

Ex-Umno man investigated
Former Umno leader Isham Jalil was investigated under Section 500 of the Penal Code and Section 233 of the Communications and Multimedia Act, and his handphone confiscated after saying that Anwar should sue Bloomberg.

Citizenship amendments passed
The Constitution (Amendment) Bill 2024 was passed in the Dewan Rakyat, effectively doing away with the protection previously given to stateless children born in Malaysia.

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'Father of the nation' forgives Najib
Anwar defended his move to accept the apology tendered by Najib while describing himself as the "father of the nation". Najib had apologised but pleaded not guilty to wrongdoing in the 1MDB scandal.

November

Criticism over billion-ringgit lease for choppers
The government's decision to lease 28 helicopters for use by government agencies for RM16.5 billion sparked further controversy when it was linked to the owner of Weststar Aviation, who helped Anwar during the previous general election through the loan of a helicopter for campaign purposes.

U Mobile wins contract for second 5G network
The government awarded the second 5G network project to U Mobile, a company linked to Yang di-Pertuan Agong Sultan Ibrahim Iskandar through his holding of shares. The decision sparked controversy, especially as several big names in the local telecommunications industry were sidelined.

December

More amendments to curb free speech
The amendment to the Communications and Multimedia Act, described by many as regressive, restricted freedom of expression online and gave the Malaysian Communications and Multimedia Commission sweeping powers which critics said was akin to bringing back the fake news act "through the backdoor".

Rosmah Mansor acquitted
The Kuala Lumpur High Court freed Najib's wife of 12 charges of money laundering and five of failing to declare her income to the Inland Revenue Board, in another acquittal of a public personality who was charged after Barisan Nasional's downfall.

Anwar criticises 2018 prosecutions
The prime minister said prosecutions made in several cases after the 2018 general election were "flawed and hasty".

Government withdraws Zahid's DNAA appeal
The Attorney-General's Chambers withdrew the prosecution's appeal against the decision to acquit Umno president Ahmad Zahid Hamidi of corruption in his foreign visa system case.

Fahmi under police investigation
Activist Fahmi Reza came under a sedition investigation after a graphic linked to the appointment of Musa Aman as the new Sabah governor.

Malaysiakini HR Defender - Ended violation of human rights and environmental rights by HIGHLIGHTING 'contamination' of rivers ...MEDIA role includes this, not just 'safe' journalism ?

MEDIA plays a VERY IMPORTANT role in any country/world in that it is the Medium to communicate different views to the masses ...making the citizenry more knowledgeable about the world they live in - and this encourage the 'discussion process' - where everyone gets involved in thinking and contributing to how we ensure a more JUST and better Malaysia for the future... In any society, the people are the BOSSES and they decide the kind of society they want...Not the 'Prime Minister..not the Cabinet... not the government...and not even the peoples' representatives (MPs/ADUNs).

If MEDIA, by reason of FEAR or FAVOUR just chooses to communicate the views of the Government of the Day or powerful corporations - and not views of dissenters, or those with different views - the MEDIA risk becoming just a TOOL of the government/corporations > it is no longer the INDEPENDENT Media we want and expect... 

Syabas Malaysiakini for HIGHLIGHTING this issue and thank you Government for speedily acting by halting mining operations...

The Natural Resources and Environmental Sustainability Ministry ordered a halt to the mining operations following an investigation by the Environment Department (DOE).    

BUT the question is what will the government then do about this ....Will it be back to 'NORMAL" after the media spotlight is no more. 

Will the ENFORCEMENT be strong with charges and TRIALS in the Criminal Court? Or will it all end up with some small 'compounds'? Will the companies be made responsible to clean up the mess it caused to the environment - that is including to the human shareholders? 

Will the government help the people whose HEALTH has been affected, or been subject to higher risk than normal be JUSTLY compensated. Will the government HELP the people SUE and claim their RIGHTS to Court? Remember, FINES - than money goes to the government, not the victims...

 

'Halt mining until chromium poisoning source known'

S Vinothaa

Published:  Dec 11, 2024 3:14 PM

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Updated: 2:14 PM

Environmental NGO Sahabat Alam Malaysia (SAM) has demanded an immediate halt to iron ore mining operations, feared to be causing heavy metal contamination in rivers and posing a health risk to a Temiar community downstream from their operation in Bukit Tambun, Gua Musang, Kelantan.

This follows claims by Kampung Kelaik villagers that the rivers had turned a rusty red since mining began over a decade ago, and a recent blood test conducted by Malaysiakini revealed high chromium levels in one of six villagers who volunteered for testing.

“The Health Ministry, the Environment Department and the state government must take urgent action.

“They need to stop the operations of the companies carrying out the iron ore mining immediately and conduct further investigations.

“They also need to provide alternative water supply to the community, since water from the rivers should not be relied on for their basic needs,” SAM president Meenakshi Raman (above) said in a statement yesterday.

A chemical health expert who reviewed the result of the blood tests and water sample test earlier told Malaysiakini there is a likely link to the mining due to the relatively high level of chromium at one mine discharge point.

Temiar community

When asked about other potential sources of contamination, chemical health assessor Vivien How said pesticides used in large-scale plantations in the vicinity of the village could “seep into the soil, contaminate the water, and further enhance environmental burdens”.

Malaysiakini's testing also found that the sample from a pond where tailing sediments were dumped found elevated levels of both chromium-6 (19.4mg/L) and chromium-3 (34.8mg/L).

The permissible levels for both chromium variants are 1.4mg/L and 2.5mg/L respectively for Class III water sources, according to the Department of Environment. Class III refers to rivers that can support aquatic and some human activities with proper treatment.

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READ MORE: Heavy metals found in Orang Asli blood, community fear poisoned by mining

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Cancer risk

The Malaysiakini investigation found a 19-year-old Azlan Ahak from Kampung Kelaik whose blood tests showed abnormally high Chromium levels, with an estimated lifetime carcinogenic risk (LCR) that far exceeded the normal threshold.

Chemical health assessor How estimates Azlan’s lifetime risk of developing cancer is 64,000 times higher than normal.

How stressed that the findings are red flags, warranting immediate investigation by relevant authorities due to their severe health implications.

Azlan's test results are significant as chromium stays in the body for weeks, if not months, indicating that his exposure was recent, likely occurring just before the test was conducted last month.

Meenakshi expressed shock over the findings and urged the authorities to prioritise the health and safety of the Temiar community, emphasising the need to identify and address the root cause of the poisoning before allowing mining operations to resume.

“Excuses that the companies are operating within the limits of the law cannot be accepted since the community is already suffering severe ill health which must not be condoned any further,” she said.

Operator says it complies with regulations

Malaysiakini contacted both mine operators, Redstar Capital Sdn Bhd and Aqua Orion Sdn Bhd.

The larger of the two mines, Redstar Capital's administration manager, Julice Chu Lai Siong defended the company’s practices adding that media coverage of the issue over the past 10 years had been one-sided.

She said the mine uses a “closed circuit” and “zero discharge” concept where the effluent is recycled into the mine processing, ensuring no effluent wastewater is released into the river.

However, when Malaysiakini visited the mining site, it saw two points where water came out of mining ponds into a stream.

Chu said although Redstar Capital doesn't discharge waste into the river, it still ensures its effluents don't exceed the Minerals and Geoscience Department's set limits of 0.20mg/L for chromium-6 and 0.05mg/L for chromium-3.

She added that Redstar Capital also sends water samples from the rivers near the mine to the JMG and DOE monthly.

She said Redstar Capital has never received complaints from the community about its operations.

The other mine operator, the DOE, the Minerals and Geoscience Department, and the Orang Asli Development Department have yet to respond to Malaysiakini.

Health Minister Dzulkefly Ahmad said he would instruct this ministry to check the villagers for heavy metals poisoning. Malaysiakini, 11/12/2024

 

Iron ore mining near K'tan Orang Asli village halted after Mkini exposé

S Vinothaa

Published:  Dec 18, 2024 10:27 AM

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Updated: 2:49 PM

Summary

• Natural Resources and Environmental Sustainability Ministry orders two mining companies to halt operations over suspected river pollution near Kelantan Orang Asli village.

• Probe finds one mining company operating without an approved environmental impact assessment report for nine years.

• Errant miners face mandatory imprisonment of up to five years and a fine up to RM1 million.

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A cease-work order has been issued to the two iron ore mining operators suspected of causing pollution in Sungai Kelaik, Gua Musang, Kelantan, which was brought to light in a Malaysiakini exposé last week.

The Natural Resources and Environmental Sustainability Ministry ordered a halt to the mining operations following an investigation by the Environment Department (DOE).

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READ MORE: Heavy metals found in Kelantan Orang Asli blood, community fear poisoned by mining

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Its minister Nik Nazmi Nik Ahmad said one company - Aqua Orion Sdn Bhd - was found to be operating without an environmental impact assessment (EIA) approval, while the other mine - run by Redstar Capital Sdn Bhd - was found to not be operating.

“Our investigation found that Aqua Orion conducted activities without obtaining approval under Subsection 34A(3).

“An investigation paper will be opened immediately under Subsection 34A(6),” he said in a statement today.

Section 34A of the Environmental Quality Act 1974 (Act 127) deals with the requirement for an approved EIA report by the DOE director-general, before a company obtains approval from the relevant authority for their intended activities.

Aqua Orion has been operating under a 10-year mining licence that will expire next year, while Redstar Capital has a 21-year mining licence expiring in 2030.

Nik Nazmi said the DOE will issue a letter to the Kelantan State Land and Mines Office requesting that the renewal of Aqua Orion’s mining licence be deferred until the EIA report is submitted for evaluation and approval.

Enforcement action will be taken under Act 127 if project proponents fail to comply with any of the EIA conditions to ensure project implementation minimises and mitigates impacts on environmentally sensitive receptors.

Offenders face mandatory imprisonment of up to five years and a fine ranging from RM100,000 to RM1 million.

Redstar Capital claims compliant with regulations

Malaysiakini had reported that rudimentary iron ore processing was done under shacks with workers manually hosing down the operations with a handheld hose at Aqua Orion.

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READ MORE: Red rivers and death: Natives fight iron ore mining in Kelantan rainforest

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Aqua Orion ponds were also observed to be dug up routinely to ensure depth and the tailing - refuse from iron ore mining - was dumped at the sides.

When contacted, Redstar Capital said it does not discharge wastewater or effluents into the river and follows all regulations.

This was despite Malaysiakini witnessing water from Redstar Capital’s mining ponds flowing into streams.

Aqua Orion has yet to respond to queries on its mine.

Fears of chromium poisoning

The Malaysiakini report also revealed high levels of chromium - a carcinogenic heavy metal - in the blood of one of six villagers who volunteered for testing.

The youngest of the six who volunteered, 19-year-old Azlan Ahak, had a chromium level that puts him at a lifetime risk of developing cancer at an estimated 64,000 times higher than normal.

Chemical health assessor Vivien How stressed that the findings were red flags, warranting immediate investigation by relevant authorities due to their severe health implications.

Having reviewed the result of the blood tests and water sample test, she told Malaysiakini there was a likely link to the mining due to the relatively high level of chromium at one mine discharge point.

However, How said pesticides used in large-scale plantations near the village could also be a potential source of contamination, as it could “seep into the soil, contaminate the water, and further enhance environmental burdens”.

Following the Malaysiakini exposé last week, villagers said the Health Ministry team comprising officers from Gua Musang and Johor Bharu interviewed the villagers on Dec 16.

Health Ministry team meets Orang Asli villagers and inspects Sungai Kelaik in Gua Musang, Kelantan as part of ministry’s probe

Earlier, Health Minister Dzulkefly Ahmad confirmed his ministry was investigating the allegations.

The ministry officials also visited the rivers that flowed down from the two mines and the mining sites, said Kampung Kelaik Action Committee leader Ahak Uda.

"They said they will return to take blood samples from all the villagers and a specialist to check our skin lesions," he said via WhatsApp.

Orang Asli's decade-long protest

Last week, PSM pointed out that the Kampung Kelaik Temiar community had been fighting against the iron ore mining on their customary land for over a decade.

PSM Environment, Climate Crisis and Orang Asli Bureau coordinator Suresh Balasubramaniam said they had warned of environmental destruction and health risks to no avail.

In 2015, when the body of a respected community patriarch, Alang Angah, was found trapped among logs and shrubbery swept downriver during a flash flood, the villagers pointed to the mining operation upstream.

At the time, police had probed the matter and the case was closed without any charges.

The latest blood test results have sparked a fear greater than the threat of a sudden flash flood - the terrifying possibility that the river might be poisoning the whole community, Suresh stressed. - Malaysiakini, 18/12/2024

Making Children Do ‘Ketuk Ketampi’ Is TORTURE And Police Perpetrators Must Be Brought To Justice

 

Media Statement – 2/1/2025

Making Children Do ‘Ketuk Ketampi’ Is TORTURE And Police Perpetrators Must Be Brought To Justice

21 Teenagers disciplined on the spot with a series of “ketuk ketampi” (squats) by law enforcement is WRONG – only the tried and convicted deserve to be punished according to law

Police did wrong and broke the law when they prematurely ‘punished’ a group of 21 teenagers, aged 14 to 17, who allegedly breached the law by asking them to do a series of “ketuk ketampi” (squats). This is also considered to be torture or cruel, inhuman or degrading treatment or punishment, and it certainly was not in accordance to law.

‘…Kuala Lumpur Traffic Investigation and Enforcement Department chief Mohd Zamzuri Mohd Isa said the teenagers were riding modified bicycles that lacked essential safety features such as brakes, bells, and lights. They were also riding dangerously and engaging in competitive behavior. He explained that their actions violated the Road Traffic Rules (Rule 42) LN 165/59, which could result in the confiscation of their bicycles under Section 112 of the Road Transport Act 1987. “However, a senior traffic enforcement officer, together with a Road Transport Department (RTD) officer, opted to issue a stern warning and discipline the teenagers by requiring them to perform ‘ketuk ketampi’ as a form of advocacy and deterrence,” Malaysiakini(BERNAMA), 2/1/2024

A group of 21 teenagers, aged 14 to 17, were caught riding bicycles recklessly during a roadblock on Jalan Sultan Azlan Shah in Kuala Lumpur yesterday as part of Operation New Year's Eve 2025 and they were disciplined on the spot with a series of “ketuk ketampi” (squats).

Police and law enforcement duties are only to arrest and investigate, and NOT punish alleged law-breakers by any form of torture or cruel, inhuman or degrading treatment or punishment.

Verbal reprimand and/or advice may be acceptable, but certainly no form of degrading treatment or punishment. Can even punishment or such treatment be visited upon children by law enforcement, without the knowledge and/or consent of parents?

MADPET (Malaysians Against Death Penalty and Torture) calls that the Kuala Lumpur Traffic Investigation and Enforcement Department chief Mohd Zamzuri Mohd Isa, the said senior traffic enforcement officer, together with the said Road Transport Department (RTD) officer to be forthwith investigated and charged in court for, amongst others, these crimes against children, that reasonably must be  torture or cruel, inhuman or degrading treatment or punishment. Note also the presumption of innocence until proven guilty in court.

When children are subjected to torture or cruel, inhuman or degrading treatment or punishment, criminal action must be taken against the perpetrator. We are also appalled with the delay in the criminal action against  the teacher who ‘punished’ students by making them stand under the hot sun – a 11-year-old student who suffered a heatstroke after being forced to stand in the sun for nearly three hours has since been diagnosed with a nerve condition and is now considered a person with disabilities (PwD).(The Sun, 30/5/2024)

We recall another incident where a teacher forced students to do ‘ketuk ketampi’ that resulted in fracture of the knee. "However, my son and several other students were summoned the next day for missing school. They were ordered to 'ketuk ketampi' for 30 times as a form of punishment," she said. Azlina said her son, whose knee was still healing, was unable to complete the squats and complained of pain. His claims, however, were ignored by the teacher, who instead punched him in the chest after accusing him of lying.(NST, 4/2/2023)

In this yesterday’s case, the BERNAMA report indicates that after the series of “ketuk ketampi” (squats), ‘the teenagers then shook hands and apologized to the officers at the scene. the teens were warned against further reckless behavior and instructed to return home immediately.’ Were the parents of these children informed? Did the law enforcement even fix an appointment to check that the illegalities in their bicycle are remedied? If the said teenagers continue to ride those bicycles, would not these law enforcement officers be accomplices of crime?

As abovementioned, this is a serious case where law enforcement officers acted illegally when they caused children to suffer torture or cruel, inhuman or degrading treatment or punishment, and the government must act to avoid a wrong perception that this government protects government employees. Secret disciplinary actions will not do – the perpetrators need to charged for their crimes.

MADPET reiterates the calls to amend the Federal Constitution to include the provision that ‘No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment save in accordance with law’. A clear proclamation of Malaysia’s stance on torture, etc.

MADPET also calls for the teacher that ‘punished’ students by making them stand under hot sun be also charged in court for the crime. Likewise all other teachers and care givers that caused children to suffer torture or cruel, inhuman or degrading treatment or punishment, should be promptly and transparently charged and tried in court.

MADPET also ask that “ketuk ketampi” be deemed as a corporal punishment, and shall not be used as a form of punishment on children anywhere, and by anyone. The Minister of Education and the Children Human Rights Commissioners should speak out for an end of torture, cruel, inhuman or degrading treatment or punishment against children anywhere, and demand that perpetrators are promptly charged in court and accorded a fair trial.

 

Charles Hector

For and on behalf of MADPET (Malaysians Against Death Penalty and Torture)

 

Teens disciplined with squats for reckless cycling on NYE

 

 

 

Bernama

Published:  Jan 2, 2025 8:50 AM

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A group of 21 teenagers, aged 14 to 17, were caught riding bicycles recklessly during a roadblock on Jalan Sultan Azlan Shah in Kuala Lumpur yesterday as part of Operation New Year's Eve 2025 and they were disciplined on the spot with a series of “ketuk ketampi” (squats).

Kuala Lumpur Traffic Investigation and Enforcement Department chief Mohd Zamzuri Mohd Isa said the teenagers were riding modified bicycles that lacked essential safety features such as brakes, bells, and lights. They were also riding dangerously and engaging in competitive behaviour.

He explained that their actions violated the Road Traffic Rules (Rule 42) LN 165/59, which could result in the confiscation of their bicycles under Section 112 of the Road Transport Act 1987.

“However, a senior traffic enforcement officer, together with a Road Transport Department (RTD) officer, opted to issue a stern warning and discipline the teenagers by requiring them to perform ‘ketuk ketampi’ as a form of advocacy and deterrence,” he said in a statement today.

The teenagers then shook hands and apologised to the officers at the scene. They were warned against further reckless behaviour and instructed to return home immediately.

Zamzuri noted that a video of the incident had gone viral on social media, garnering widespread praise from netizens for the approach taken by the police and RTD. 

“This approach serves as a warning to the teenagers involved, deterring them from repeating such offences. Advocacy efforts like this also help raise awareness and enhance young offenders' understanding of road safety laws,” he said.

Zamzuri urged young people to avoid reckless behaviour on the roads, emphasising the importance of preventing injuries and fatalities.

“Parents and guardians must play a proactive role by closely monitoring their children to ensure they do not engage in activities that violate the law,” he said.

- Bernama, Malaysiakini, 2/1/2025

 

Year Five pupil fractures knee after 'ketuk ketampi' punishment

By Siti Rohana Idris - February 4, 2023 @ 3:12pm

A Year Five pupil here is believed to have fractured his left knee after being forced to do ‘ketuk ketampi’ (squats) by his teacher as a form of punishment. -Pic courtesy of victim’s family

TANAH MERAH: A Year Five pupil here is believed to have fractured his left knee after being forced to do 'ketuk ketampi' (squats) by his teacher as a form of punishment.

The incident left the boy traumatised and afraid to return to school even though the school authorities have offered their apologies.

The boy's mother, who only wished to be known as Azlina, 36, said her son, who is the third of four siblings, had initially sustained a fracture at the knee after falling down while playing football three months ago.

She said a scan at a private clinic showed a clear fracture. The doctor has advised her son not to do any strenuous physical activities.

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"He also missed many classes due to his injury. I had also updated his teachers on his condition," she said.

Azlina said the latest incident was on January 8, when her son missed school due to a bout of diarrhoea. She said she informed the teachers of the matter in a WhatsApp group.

"However, my son and several other students were summoned the next day for missing school. They were ordered to 'ketuk ketampi' for 30 times as a form of punishment," she said.

Azlina said her son, whose knee was still healing, was unable to complete the squats and complained of pain.

His claims, however, were ignored by the teacher, who instead punched him in the chest after accusing him of lying.

Later that day, at 10.3am, the family received a phone call from the school, asking them to fetch the boy as he had complained of pain in his knee.

Azlina's father went to fetch his grandson and was shocked to see the boy in bad shape. He even had to carry the boy to his motorcycle.

"Later that night, he complained of more pain and I wanted to bring him to the hospital. However, the school authorities asked me to postpone the visit as he had an exam coming up.

"Soon after, a representative from the school came to apologise and admit that they had been too rough with him. They also handed over a sum of money as a contribution," she said.

Azlina said that on January 22, she brought her son to the Tanah Merah Hospital. The doctors there referred him to the Raja Perempuan Zainab II Hospital in Kota Bharu, where he underwent surgery," she said.

She said even though the incident left her son traumatised, the family did not wish to make the issue bigger than it is. However, she admitted to being disappointed after hearing rumours claiming that the school was not to blame for the incident.

She said she would be lodging a police report soon on the incident to prepare for any possibility.

"It's just a way of safeguarding our interests and not to land anyone in trouble. We were made to understand that the teacher in question has been transferred to another primary school in the district," she said. - NST, 4/2/2023

 

WHY teacher perpetrator who 'tortured' kids by standing under the hot sun NOT been charged yet? Another case of 'preferential treatment" of law breakers?

The Education Ministry will be taking appropriate action based on the investigation report from the authorities following the incident involving a 11-year-old student who suffered a heat stroke after being forced to stand in the sun for nearly three hours.

 “The ministry does not compromise on any misconduct that could affect the wellbeing and safety of the schooling community,” said Education Minister Fadhlina Sidek, as reported by New Straits Times.

So, the question now is  WHY has the said teacher perpetrator been charged yet?

See earlier post

Minister Fadhlina Sidek must APOLOGIZE and ensure teacher perpetrators charged in court for 'torture' of 11 year old, asked to stand under the sun - now became a person with disabilities

11-year-old left with disability after being forced to stand under the sun for hours

• 30-05- 2024 11:53 AM

Pix for visual purposes only - BERNAMApix

PETALING JAYA: An 11-year-old student who suffered a heatstroke after being forced to stand in the sun for nearly three hours has since been diagnosed with a nerve condition and is now considered a person with disabilities (PwD).

According to New Straits Times, the Standard Five student’s nerve condition is a result of the heatstroke he suffered.

The student’s mother stated that Ampang Hospital in Selangor has provided the family with a reference letter to be assessed as a PwD due to the health issues with which he has been diagnosed with .

She explained that her son used to often play with his siblings but now, he hides a lot and talks to himself.

“The hospital informed me that I can’t send my son to a regular school anymore because of his health issues.

“They say I have to send him to a school for special needs children now,“ she was quoted as saying.

Their lawyer Dinesh Muthal said that he would be filing a civil suit on the family’s behalf against all those involved in the case.

He explained that the incident has caused a lot of stress to the parents, especially to the mother who is three months’ pregnant.

“They now have to come to terms with the fact that their son will never lead a normal life.

“Apart from a civil suit, we want the teacher involved to be charged in court and be given an appropriate sentence (if found guilty),“ he reportedly said.

Ampang Jaya district police chief ACP Mohd Azam Ismail had previously said that investigations revealed that the suspect, a local male teacher, 37, had punished the victim along with three other friends to allegedly 10 minutes of the punishment.

“A medical officer’s check revealed that the victim suffered heat exhaustion. The investigation is complete and has been referred to the Selangor public prosecutor’s office for further action,” he said. - The Sun, 30/5/2024

Questions over case of schoolboy disabled after being made to stand in the sun

Teacher who abused the pupil must be punished, say child activists.

Updated 6 months ago · Published on 06 Jun 2024 8:00AM

Suresh Balakarishna and Mogana Selvi call for a press conference after their son suffered a heatstroke from being forced to stand in the sun for hours by a teacher. – The Malaysian Insight pic by Najjua Zulkefli, June 6, 2024.

 

by Alfian Z.M. Tahir

THERE are many unanswered questions surrounding the case of an 11-year-old schoolboy who was left disabled after he was made to stand under the sun by a teacher for hours, child activists said.

They condemned the teacher's action as abusive while also questioning the lack of supervision by the school administrators.

The boy had suffered heatstroke after being forced to stand in the sun for nearly three hours. He has since been diagnosed with a nerve condition and is now considered a person with disabilities (PWD).

"Didn’t anyone in the whole school notice that there was a student standing still in the hot sun and?" asked Noor Azimah Abdul Rahim of Parent Action Group for Education Malaysia.

"Did anyone even make an effort to alert the office or ask why? There would have been at least one period change when students and teachers moved around. It is impossible that the student was not seen.

"Were the school leaders in their air-conditioned rooms and not doing their rounds?" she added, adding that the school administration must be held responsible and the teacher sacked for poor judgment.

"Was the teacher who meted out the punishment untouchable? Was this a case of favouritism?"

Dr Hartini Zainudin of Yayasan Chow Kit said it was time to introduce a child protection policy in childcare centres, preschools, and schools.

“There must be regular audits," she told The Vibes.

She said that no teacher should be allowed to punish their charges by making them stand in the sun, especially during a heatwave.

"Has the teacher in question been suspended from work pending an investigation? Endangering life, especially that of a child, is a serious offence under both the Child Act 2001 and the Penal Code," she said.

"Is there any investigation into the school and its principal, who may have been aware of the child standing in the sun? Did they take any measures to protect the child and stop the abuse?"

She called for an immediate and thorough review of current practices and policies to identify and address any gap in child protection.

"We call on the government to enforce strict regulations and oversight mechanisms to guarantee that child protection policies are not only established but rigorously followed. There must be regular audits, mandatory reporting of any incidents, and swift disciplinary action against those who fail to comply," she said.

Ampang Jaya district police chief Mohd Azam Ismail had previously said that investigations had revealed that the suspect, a male teacher, 37, had punished the boy and three others for "10 minutes".

“A medical officer’s check revealed that the victim suffered heat exhaustion. The investigation has been completed and referred to the Selangor public prosecutor’s office for further action,” he was quoted as saying.

Teacher must not be be allowed to punish their charges by making them stand in the sun, especially during a heatwave, say activists. – The Vibes file pic, June 6, 2024.

Yesterday, the family complained in a media conference that the authorities were deviating from the main issue in the case.

Instead of focusing on how the boy was punished and taking action against the culprit, they said the police were trying to establish if the boy was disabled before the incident.

Dayalan Sreebalan, the family spokesman, said the authorities were focused on the student's disabilities rather than the crime of the teacher.

"The police report made by the mother was about the punishment meted out by the teacher on the student and nothing about the child's (disabled) status. But the police investigation is more focused on the boy's status. They are now trying to imply that he had developed the condition prior to the incident," he said.

Code of conduct for teachers

Politician turned activist Lee Lam Thye said it was important that the government inteoduced a stringent code of conduct for teachers that prohibits excessive punishment, especially in relation to sensitive issues of race and religion.

He added that the code should be clearly communicated to all teachers and rigorously enforced

"As part of their training, teachers must be instilled with awareness programmes on issues of diversity, multiculturalism, and racial and religious sensitivity. These programmes should focus on promoting understanding, empathy, mutual respect, and unity for all races, cultures, and all strata of society."

"Additionally, the ministry could establish an anonymous reporting mechanism for students, parents, and fellow teachers to report instances of misconduct by teachers affecting the safety of students," the former member of parliament said.

Punishment as a last resport

National Parent-Teacher Association Collaborative Council  president Prof Mohamad Ali Hassan said punishment should be the last resort.

Students who commit wrongdoing should receive advice and counselling from teachers, he said.

"I hope teachers will take note of this incident and not repeat it. They must not focus on punishment; instead, they need a more approachable measure. Punishment should not be on the list.

"Before taking any action, seek advice from the headmaster.

"This incident should not have happened in the first place." – June 6, 2024, Vibes.

 

Act 342 - Prevention and Control of Infectious Diseases (Amendment) Act 2024 raises CONCERNS that need to be looked at seriously

ACT 342 - The amendments raised MANY issues of concern - but the problem with Government has been the speedy passing of Acts after they are tabled - There is simply not enough TIME for us to peruse and contribute our thoughts/opinions/concerns, which hopefully our people representatives, OUR MPs and SENATORS will consider before they VOTE. 

Sadly, some MPS just do whatever their party WHIP says - Vote YES or Oppose - without themselves even studying the proposed Law, or getting feedback from the Malaysian people > We need to get RID of this kind of MPs...

After the experience of the COVID Pandemic - we know of the problems we faced

ACCESS TO VACCINES - The owners of the Vaccine(or the copyright), who obviously did not have the CAPACITY to produce sufficient vaccines for everyone fast enough - and so many DIED by reason of this DELAY. Should there be a law that empowers the GOVERNMENT to take and use these vaccines for everyone...to be able to speedily manufacture more of the needed vaccines FAST at government or other private facilities to get it out to the people fast without the usual INTELLECTUAL PROPERTY barriers and hurdles?

USE of Private Healthcare Facilities/Staff - Can the government easily utilize these facilities/staff OR are they barred by 'PAY me then OK? or 'NO" - should there be laws that empower the government to be able to access/use such facilities/staff in times of a medical emergency or pandemic?

Sadly, the existence of Private Hospitals/Clinics has affected the number of government/public hospitals build in a area > How many public hospitals and clinics/pusat kesihatan in Klang Valley?

DISCRIMINATION -  Malaysians got the Vaccines first, then foreign nationals(documented) - and we missed out many UNDOCUMENTED Migrants and Malaysians in our response during the last Pandemic. Food and other aid too ... FOOLISH - unless EVERYONE is targeted with vaccines/aid - combating any PANDEMIC or INFECTION becomes ineffective... 

Have LAWS or Responses been made to deal with the above issue?

Let us what this Anwar Ibrahim's government was focusing on - The Prevention and Control of Infectious Diseases (Amendment) Act 2024

 

 

Press Release | The Prevention and Control of Infectious Diseases (Amendment) Act 2024 24 Dec 2024 10:26 am

As the year 2024 nears its end, we find ourselves at a moment of reflection.  According to the official portal of the Parliament of Malaysia,¹ 62 Bills have been passed, as at 19 December 2024.  While this figure may seem indicative of a robust legislative process, the passing of Bills, in and of itself, is not a full achievement.  As the saying goes, “the proof of the pudding is in the eating”, and so it is with legislation.  True success lies not merely in the enactment of Bills but in the process of their formulation, the transparency of their tabling, and the rigour of their enforcement upon becoming law. The Malaysian Bar has taken particular note of these aspects, especially concerning the Prevention and Control of Infectious Diseases (Amendment) Act 2024, passed by the Dewan Rakyat through a voice vote on 14 October 2024.²

The amendment Act raises several troubling issues.  Members of Parliament from across the political spectrum, including government backbenchers and opposition lawmakers, expressed bipartisan concerns about its punitive nature.  Provisions such as the excessive fines and imprisonment terms under section 31(3) have drawn criticism for their harshness, especially when applied to low-income individuals or corporate bodies.  The proposed maximum fine of RM8,000 and imprisonment of up to two years for individuals, and a fine of up to RM50,000 for corporate bodies, are disproportionately burdensome.  These measures risk penalising individuals who may unknowingly contravene rapidly changing regulations during a pandemic.

Additionally, the amendment Act introduces section 21A, granting the Director General of Health the power to issue sweeping directives to individuals or groups for controlling infectious diseases.  The lack of clear guidelines for such powers raises fears of potential abuse and double standards in enforcement.  Concerns about the enforcement of these powers, especially the use of “force” pursuant to section 14A(2) and tracking devices, underscore the need for mechanisms to prevent misuse and ensure accountability.

The new section 14A further compounds these concerns by introducing what is effectively a form of arrest under the guise of public health measures.  Section 14A(1) empowers an authorised officer to order any person suspected of being infected to undergo isolation or surveillance for an indeterminate period.  This provision raises significant questions about individual liberty, due process, and proportionality.  The powers conferred by section 14A could lead to arbitrary detention without adequate safeguards or judicial oversight.  The lack of clear procedural guidelines for implementing these measures risks enabling abuses of power, underhandedly impacting vulnerable populations, and undermining public trust in health authorities.  Such sweeping powers must be critically examined and curtailed to prevent misuse.

Furthermore, the approach of the Bill contrasts starkly with the necessity of health education in preventing infectious diseases.  Punishment alone cannot foster public trust or compliance.  This is further compounded by the increase in general penalties under section 24, which now includes fines of up to RM10,000 and imprisonment terms of up to two years for individuals, with even steeper penalties for corporate entities.  While the Government has claimed that these penalties are lighter than those enforced during the COVID-19 pandemic, they remain significantly harsher than previous iterations of the law.

Despite these criticisms, the Malaysian Bar was not effectively consulted during the drafting of this Bill.  This omission is deeply troubling, as it undermines the democratic process of lawmaking and the principle of informed decision-making. Effective consultation is not a mere formality but a cornerstone of sound legislative practice.  The Malaysian High Court case of Kerajaan Negeri Selangor v Suruhanjaya Pilihan Raya & Ors [2017] MLJU 1902 provides guidance on what constitutes a meaningful consultation process.  At paragraph 96, the Court endorsed the Sedley criteria,³ which require that consultations occur at a formative stage, provide sufficient information for intelligent consideration and response, allow adequate time for deliberation, and ensure that the outcomes of consultations are conscientiously considered, before finalising the proposals.

Had these criteria been adhered to, the Government would have been well-informed of the flaws inherent in this Bill. Meaningful engagement with stakeholders, including the Malaysian Bar and public health experts, would have highlighted the excessive measures, the potential for abuse of power, and the lack of emphasis on public education in disease prevention. Instead of addressing the root causes of infectious disease transmission, the Bill has the potential of creating a society where the arbitrary exercise of authority and the fear of disproportionate punishment overshadow the principles of justice, equity, and public health.

As we close the chapter on 2024, let us not only count the Bills passed, but also measure the processes that birthed them.  Only through transparent, inclusive, and accountable lawmaking can we ensure that our legislation truly serves the people it is meant to protect.

Mohamad Ezri b Abdul Wahab
President
Malaysia Bar

24 December 2024

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¹ The Official Portal of Parliament of Malaysia website, 2024.

² “Dewan Rakyat Passes Controversial Act 342 Amendment Bill On Infectious Disease Control”, CodeBlue, 14 October 2024.

³ Also known as the Gunning Principles, following the name of the case — R v Brent LBC, ex p Gunning (1985) 84 LGR 168.  These principles were endorsed by the United Kingdom Supreme Court in R (Moseley) v Haringey LBC [2014] UKSC 56.

 

Dewan Rakyat Passes Controversial Act 342 Amendment Bill On Infectious Disease Control

By CodeBlue | 14 October 2024

Dewan Rakyat today passed the Act 342 amendment bill 2024, despite bipartisan criticism of harsh punishments, excessive powers for the Health DG, and allowing the use of “force” by enforcement officers for infectious disease prevention and control.

An area imposed under the Enhanced Movement Control Order (EMCO) on 20 April 2020. CREDIT: Ministry of Health Facebook page

KUALA LUMPUR, Oct 14 — The Dewan Rakyat today passed the Prevention and Control of Infectious Diseases Act 1988 (Act 342) amendment bill 2024 in a voice vote, despite bipartisan concerns about the bill’s punitive nature.

In debate on the bill last July and earlier today, both government backbenchers and Opposition MPs criticised various provisions, notably the proposed fines and imprisonment terms perceived to be harsh; the use of “force” and tracking devices to enforce isolation or surveillance of individuals suspected to be infected; and the Health director-general’s powers deemed to be too wide and arbitrary.

Suhaizan Kayat (PH-Pulai), who also chairs the Health parliamentary special select committee (PSSC), said the punishments under the proposed Section 31(3) for breaching regulations under the Act are too burdensome.

The new Section 31(3) in the bill provides a maximum fine of RM8,000, imprisonment up to two years, or both for individuals who contravene regulations under Act 342, as well as a fine not exceeding RM50,000, maximum two years’ jail, or both for offences by a body corporate.

“Things change frequently during a pandemic, like what we faced during Covid. People may not know the latest information but are punished for infractions. For low-income earners, RM8,000 is high and can be burdensome,” Suhaizan said during the debate today.

The Amanah lawmaker from Pakatan Harapan (PH) also questioned the new proposed Section 21A that empowers the Health director-general to issue “any directions in any manner, whether generally or specifically, to any person or class of persons to take such measures for the purpose of preventing and controlling any infectious disease.” Contraventions of the DG’s directions are considered an offence.

“I understand the true intent for this provision, but what are the Ministry of Health’s (MOH) guidelines for a DG to prevent abuse of power and double standards?” Suhaizan asked.

Dr Halimah Ali (PN-Kapar) similarly questioned the MOH’s reliance on punishment to enforce compliance, pointing out that health education on infectious disease prevention and control is pertinent.

“We also don’t want abuse of power by enforcement officers. How will the government ensure that the powers that are given, especially with the use of the term ‘force’, aren’t misused?” asked the PAS MP from Perikatan Nasional. 

She also noted that the 2024 bill is the fifth attempted amendment of Act 342.

Syahredzan Johan (PH-Bangi) noted that under the proposed revision to Section 24 of the Act, general penalties for offences under the Act were increased to a maximum fine of RM10,000, up to two years’ imprisonment, or both for individuals. In the case of a body corporate, it is liable to a fine not exceeding RM100,000.

“Even though we see good things in this bill, I hope that the MOH will take into account criticisms from various parties, like the Malaysian Medical Association, on how this bill can disproportionately impact vulnerable groups,” said the DAP MP.

The lawyer also pointed out that although punishments in the 2024 bill are lighter than those enforced at the height of the Covid pandemic under emergency ordinances, they’re heavier than previous revisions to the blue bill in the 14th Parliament.

Deputy Health Minister Lukanisman Awang Sauni, during the winding-up of the debate on the Act 342 amendment bill, said the MOH plans to use body cameras for enforcement officers to prevent abuse of power.

“Isolation orders are made carefully based on risk evaluation, taking into account the current infection rate and vaccination status. Such orders are based on technical inputs and discussions with infectious disease and public health experts, as well as experts from other specialties.”

He also denied the punitive nature of the bill, pointing out that Act 342 has not been revised for more than three decades since 1988.

“If the people don’t take this law seriously, it will cause further transmission of infectious diseases, as well as high hospitalisation and death rates. This will increase the burden of disease that must be borne by the government,” Lukanisman told Parliament.

The revised Section 25 of the Act proposes compounds of offences under the Act or its regulations at a maximum RM5,000 for individuals and RM50,000 for a body corporate.

“The actual compound will take into account the seriousness of the offence committed,” Lukanisman said. “These compound rates are to ensure better compliance; they’re not just punitive measures.”

The deputy minister also claimed that punishments for similar offences related to infectious disease are higher in Singapore and New Zealand. “Malaysia has set more reasonable rates of fines than other countries.”

Back when he was an Opposition MP, Health Minister Dzulkefly Ahmad previously described the proposed 2021 amendment to Act 342 as a “cataclysmic failure”.

The Kuala Selangor MP had said stringent guidelines for enforcement were still open for interpretation. “Rather than focus on those guidelines, why not ensure stringent guidelines for basic testing, quarantine, and close contact classification be focused on first?” - Code Blue, 14/10/2024