Friday, August 17, 2018

Is Azmin, MB Selangor, Local Council responsible for 2 worker's deaths and children sick from ice factory ammonia leaks?

2 workers dead - but why no names of the workers revealed? Why was the name of the factory revealed? Is it a GLC (a government linked company), who did not apparently have the required permit to store hazardous chemicals like ammonia? Now, secondary school children affected...

Shah Alam City Council (MBSA) - were they responsible? Or were they simply interested in the collecting the monies for the required permits and taxes - but not so much whether the business had the required license/permits or compliance with regulations to ensure worker, community and environment protection?

MBSA, they are all political appointees, NOT democratically elected local Councillors? So, then should the blame lie with Azmin Ali(the previous Menteri Besar) or the current Menteri Besar....??

The MBSA would have approved the operation of that factory - and naturally, would also have the responsibility that the factory was "SAFE" not just for the workers, but also the community living in the area. MBSA should have checked to make sure that the factory had the required permit...and that all hazardous material were stored and handled in the right way. 

Now, we are told that the factory did not have the permit to store hazardous materials - surely the MBSA should have checked on this before allowing the business to operate... For many other small businesses, the local council do regular checks to ensure all is in accordance to least the required permits... 

An inspection by the Shah Alam City Council (MBSA) at the ice factory in Section 36 here, where ammonia gas had leaked earlier today, found that the premises had a license to carry out ice processing activities, but was not permitted to store hazardous materials.
Of course, we know that ammonia is involved in ice factories - so, when did the factory start operating...who was the Menteri Besar then? 

If they were democratically elected, they may have been more concerned about the people...their safety, etc ...and the people of Shah Alam may be now asking for the immediate RESIGNATION of these Local Councillors...and certainly, their chances of being re-elected at the next local government elections would be slim...after the death to 2 workers, and sickness now suffered not just by workers but also children...

Of course, then there are the various Federal Ministries including the HR Ministry (that is supposed to ensure occupational health and safety). When was the 'last inspection' by the Ministry? Ammonia can result in corrossion of pipes, etc was it a comprehensive inspection....or was it ...??

The other Ministry may be the Ministry of Health, Ministry responsible for Environment...

Can the victims of this 'accident' also be able to sue the MBSA, the State government and the Federal government if they had been negligent in their duties? I believe that they should be able to... 

A democratically elected local council will logically be more responsible and competent...

Will the media follow-up to find out who was responsible....which government(local government, State government and/or Federal Government)...Which Ministry is responsible? OR will it simply be treated as an 'accident' ....and no one is responsible???

Workers are dead.... but where is the concern of the government? Has the ADUN or MP even visited the families of the sick and the dead...[Or maybe, we do not care because they may be MIGRANT workers...not Malaysians?] 

Was there CORRUPTION involved that resulted in non-comprehensive by responsible officers?

Will the ICE factory be taken action against by the Public Prosecutor for the deaths of 2 workers and the 'injury' caused to children?


Six secondary school students sick after inhaling ammonia gas

(File pix) Fire and Rescue Department team tending to a leaked gas tank at a nearby ice factory in Desa Latania, Section 36, Shah Alam recently. Bernama Photo
SHAH ALAM: Six secondary school students were hospitalised after they inhaled ammonia fumes from a leaked gas tank at a nearby ice factory in Desa Latania, Section 36, here this morning.

The students of Sekolah Menengah Jenis Kebangsaan (SMJK) Chung Hwa, were rushed to the hospitals after complaining breathing difficulties and vomiting, which are symptoms related to toxic gas inhalation.

It is learnt that the students, aged between 15 and 17, are being treated at the Shah Alam Hospital here and Tengku Ampuan Rahimah Hospital in Klang near here.

The school’s principal, Lim Peck Poh, has also instructed all students to return home following safety concerns.

Selangor Fire and Rescue Department operations management chief Alimaddia Bukri said a team from the Hazardous Material Unit (Hazmat) was deployed to the scene upon receiving a distress call from Lim at 7.04am.

“Checks showed the ammonia content reading in the factory and nearby areas was 40 parts per million (PPM), which is below the normal reading and still under control.

“There was no one at the factory, which is still closed due to the ammonia leak mishap on Monday.

“The situation is under control. We also learned that the school has been closed for safety reason,” he said, adding that the Hazmat team will remain at the scene to monitor the ammonia content readings.

It was reported last week that two workers, both Indian nationals, were killed following mishap at the factory, which is located in front of the school.

The victims died on the spot after they were believed to have inhaled the ammonia gas, which had leaked from a tank at the factory while they were conducting routine work.

A total of 18 workers were rushed to four hospitals here in the state for treatment.

Since then, the Shah Alam City Council has ordered the factory to temporarily stop its operation. - New Straits Times, 16/8/2018

Ice factory had no licence to store hazardous materials: MBSA

Selangor state Fire and Rescue Department and Department of Occupational Safety and Health (DOSH) personnel exit after a thorough inspection of an ice factory after an ammonia gas leak in Section 36 of Shah Alam on Aug 13, 2018. — Bernama
SHAH ALAM: An inspection by the Shah Alam City Council (MBSA) at the ice factory in Section 36 here, where ammonia gas had leaked earlier today, found that the premises had a license to carry out ice processing activities, but was not permitted to store hazardous materials.

MBSA in a statement said it had ordered the plant to temporarily cease operations to facilitate personnel from the Fire and Rescue Department to neutralise the ammonia levels in the area.

"Fire and rescue personnel are on-site to carry out rescue work and are working to ensure that the plant and its surrounding areas are not contaminated with the gas.

"At the same time, the MBSA's quick response team is also on-site to assist firemen and the police to monitor the situation in the area," the statement said.

In the incident at 5.12am, two factory workers were killed while 18 others were injured after inhaling ammonia gas that leaked at the premises.

Meanwhile, Selangor Health Director Datuk Dr Khalid Ibrahim in a statement said that the confirmed number of factory workers exposed to the ammonia gas was 27 people, including the two who were killed.

Of the total, he said, 10 were incubated, nine were placed under hospital monitoring and six were allowed to go home and were taught the signs of ammonia gas poisoning.

"The effects of ammonia gas poisoning can be divided into three different levels, namely mild, moderate and severe. Signs of poisoning are headaches, coughs, nose and eye irritation, and drooling of saliva ... it also causes irritation and burns on exposed skin," he said, urging those who may be affected to seek immediate medical attention.

Earlier today, residents of Pangsapuri Seri Era located 250m from the ice factory had called on the government to relocate the plant to another area.

The apartment's resident committee chairman R. Ramasami said a similar incident had also occurred at the plant two years ago.

"The factory is very close to a residential and school area, and I am afraid that there will be more leakages (in the future), the lives of residents and school students will be at stake, so I hope the authorities will transfer the plant to a safer place," he said when met by reporters. — Bernama - The Sun Daily, 13/8/2018

Ammonia leak at ice factory: Two dead, 18 hurt 
SHAH ALAM: Two workers have died and 18 others were hurt after they were believed to have inhaled ammonia gas which leaked at a ice factory in Section 36 here Monday.

Section 15 Shah Alam Fire and Rescue station chief, Deputy Superintendent Azmel Kamarudin, said the two fatalities in the incident which occurred at 5.12am were believed to be Indian nationals and their bodies had been sent to Tengku Ampuan Rahimah Hospital (HTAR) in Klang.

However, their identities had yet to be ascertained, he added.

Azmel said the injured, also foreign nationals, were sent to several hospitals for treatment, with five of them sent to HTAR, Shah Alam Hospital (six), Sungai Buloh Hospital (three) and Banting Hospital (four).

“The two workers who died were believed to have inhaled the ammonia gas which leaked from a tank that was stored, while doing routine work.

“Those injured had breathing difficulties, vomiting and eye irritation due to the high ammonia content which was of 500 ppm (parts per million) compared with the normal reading of 50 ppm and below,” he told Bernama.

Azmel said that on arriving at the scene, the fire and rescue team, comprising seven officers and 10 members including some from the Hazardous Materials Management Team (Hazmat), also ordered residents within a 3km radius of the ice factory to vacate their houses and buildings.

A Chinese school located in front of the factory was also advised to close today for safety reasons, he said, adding that the ammonia gas leak was the second incident reported at the factory.

Meanwhile, Selangor Mentri Besar Amirudin Shari, in a statement, said the state government viewed the incident seriously and had instructed the Shah Alam City Council and the relevant quarters to take necessary action to ensure the safety of residents in the surrounding areas.

He also thanked the fire and rescue team for its rescue operations at the ice factory concerned. –Bernama - Star, 13/8/2018

Wednesday, August 15, 2018

PUBLIC Declaration of Income/Assets/Interests - Just to MACC, and not to Rakyat, is useless?

PUBLIC declaration of assets, income and interest of members of the Cabinet(Prime Minister, Ministers, Deputy Ministers, Menteri Besars, State Exco members and their families) is something most needed to ensure that there is NO KLEPTOCRACY, corruption, abuse of powers (maybe by awarding government contracts to family members), etc ....

How many Ministers, State Exco members, are receiving MORE income than their MP and/or Minister's salaries? Are they getting additional income for being appointed as Directors of government companies - not right because this is part of their JOB.  How many have OVERSEAS bank accounts with millions of ringgit...or maybe billions? How many of our politician's or their families have interest in companies that get awarded government contracts?

PUBLIC DECLARATION allows Malaysians to monitor our leaders with power...

PUBLIC DECLARATION DETERS our leaders from wrongly channeling people's monies into their own pockets or that of their family/friend's pockets...

TRANSPARENCY ...ACCOUNTABILITY...these were assurances by the Opposition Pakatan Harapan and others, which led Malaysians to vote for them...BUT now it looks that this is still being kept 'SECRET' ....

Declaration to the Prime Minister ....or the MACC alone is not to the is still a 'SECRET'...and what is the use?

Will these people who made declaration to the MACC and made 'pledges' to the MACC be subject to HIGHER penalties in law when they are corrupt, commit kelptocracy, wrongly divert money, contracts or advantage to themselves, their family and/or cronies? 


The fact that Najib's accounts had billions was highlighted not by MACC, Bank Negara or any government body/ was highlighted by someone ...and there were all kinds of threats/actions against the one who highlighted and brought this fact to our attention...

Recently, someone highlighted that Azmin, a Minister, had millions in overseas accounts - What happened? Azmin threatened possible legal action....and then, the said BLOG was 'blocked'....Now, if there is no transparent disclosure of assets, then all will we have is allegeations - true or false? When there should have been some 'investigations' to determine if there was any basis for some criminal did not happen, did it? Did MACC look into this allegation? 

Now, if a Minister or a PM has too much money in their account ...more than their disclosed source of legitimate income, the presumption of corruption or kleptocracy can happen...

Money - large sums in overseas accounts - why? Was it to avoid tax payments? Was it to hide 'ill-gotten' gains - was it money 'stolen' from the people?

Recently, also it was disclosed that Mahathir's son had an interest in a company that got a government contract? We also remember Cowgate? 

When there is an allegation against a Minister or a 'people's representative', it must immediately be the relevant authority  - The threatening with legal action or the commencement of legal action...or the 'blocking' of Blogs/Websites should not happen...

What is being alleged are suspicion of possible crimes - and we should not DETER people from raising suspicions...things they heard, etc ... People must be free to raise such concerns...

* Well, it would have been good if Azmin came out and said 'I have NO overseas bank accounts."...and maybe, in all my 5 bank accounts, I only have about RM1million - not hundreds of millions - and that money is all from his income as MP, ADUN and Menteri Besar...and from legitimate income, all of which have been declared to the Income Tax Department as required...I have paid all taxes...and not avoided paying any taxes...'. But, did Azmin do that?*** Azmin monies revelation could have been 'FAKE' - maybe to discredit him ...but, we need to really call for FULL OPEN DECLARATION OF ASSETS, INCOME, INTERESTS IN COMPANIES OF MPs and their close family...

MACC - Did MACC give UMNO-BN candidates the OK - they are free from corruption? Or was it just a PLEDGE?

Members of Cabinet, PH leaders must declare assets within 30 days of corruption-free pledge

IPOH (Aug 7): All Cabinet members and top Pakatan Harapan (PH) leaders must submit their asset declaration information within 30 days of taking the corruption-free pledge (IBR).

Malaysian Anti-Corruption Commission (MACC) Deputy Chief Commissioner (Prevention) Datuk Shamshun Baharin Mohd Jamil said the newly-formed Special Cabinet Committee on Anti-
Corruption had required a copy of the asset declaration information to be sent to the commission.

"In the past, the (copy of) asset declaration at the Federal-level was only given to the Prime Minister and at the state level, to the Menteri Besar or Chief Minister.

"Now, a copy must be given to the MACC, which will then be uploaded to MACC’s portal," he said.

He was speaking to reporters after the IBR oath-taking ceremony for Perak state assemblymen and heads of statutory bodies led by Perak Menteri Besar Ahmad Faizal Azumu at the Perak Darul Ridzuan Building here, today. - Edge Markets, 7/8/2018

Blog claiming Azmin has millions overseas suspended

Predeep Nambiar
 | June 26, 2018
The minister's aide says the blog post is an attempt to undermine him before the PKR polls in August.
Economic Affairs Minister Mohamed Azmin Ali has been accused of having millions of ringgit in overseas bank accounts.

GEORGE TOWN: Blog operator WordPress has suspended the blog which published an allegation that Economic Affairs Minister Mohamed Azmin Ali has millions stashed in overseas bank accounts.

A visit to the “Toyol of Selangor” blog shows a message saying it has been “archived or suspended” for violating its terms of service. No details were given on why it was suspended.

The blog had listed the numbers of the accounts purportedly owned by Azmin in overseas banks. Azmin has denied the claim, calling it an attempt to tarnish his reputation.

Azmin’s political secretary Muhammad Hilman Idham meanwhile said the allegation was a smear campaign against the PKR deputy president ahead of the party polls in August.
A screenshot of the ‘Toyol of Selangor’ blog this morning.

Hilman, who is Selangor state assemblyman for Gombak Setia, urged the public to take the claim with a pinch of salt, adding that the blog post was “made up”.

“This is not the first time a false accusation has been hurled against Azmin. We urge the people not to be fooled by such allegations of no credibility.

“We do not want to entertain gutter politics by certain quarters. At the same time, the so-called allegations in the blog are disputable,” he told FMT.

In the June 18 blog post, the anonymous blogger alleged that Azmin and his wife Shamsidar Taharin had hundreds of millions of ringgit in several bank accounts overseas.

Azmin however said he had nothing to hide, having declared his assets since 2008, and urged those with information to go to the authorities to have him investigated. - FMT, 26/6/2018

Gobind Singh wants report on contract given to company headed by Mahathir's son
KUALA LUMPUR (Bernama): Communications and Multimedia Minister Gobind Singh Deo said today he has asked Telekom Malaysia to submit a report on the awarding of a contract to a company of which Tan Sri Mokhzani Tun Mahathir is the chairman.

“I have requested a report from TM. When I get that report, I will issue a statement. I asked (for the report) today. I ordered for the report to be sent to me on this matter,” he said to reporters at the Parliament lobby.

The media had reported that Opcom Holdings had secured a contract worth RM11.16 million from TM several days after the 14th General Election on May 9.

Mokhzani is the chairman of Opcom.

The contract is for the period from July 2, 2018, to Dec 31, 2019 and is for the installation and restoration of the Unifi service. — Bernama - Star, 1/8/2018

Tuesday, August 14, 2018

800juta wang PERKESO pinjam TRX kadar rendah 4.04%? Kenapa wakil pekerja TAK BANTAH?

Wakil pekerja dilantik sebagai pengarah dalam PERKESO dan juga KWSP - tetapi nampaknya mereka, selaku wakil pekerja mungkin 'tak guna', 'malas' atau 'tak cekap' memastikan wang PERKESO/KWSP milik pekerja tidak disalahgunakan ....harus diingatkan bahawa semua wang sedia ada dalam PERKESO/KWSP adalah milik pekerja atau harus digunakan untuk pekerja...Siapakah wakil pekerja pada 2012 - apa kata mereka? Adakah mereka 'tidak tahu' mengenai pinjaman RM800 juta yang diberikan kepada TRX? Adakah mereka turut setuju memberi pinjaman pada kadar faedah rendah kepada TRX?

The scenario is frightening. Money from the Social Security Organisation (read, money from the workers of Malaysia) was loaned in 2012 to TRX has disappeared.
Mengapa WAKIL PEKERJA dalam PERKESO tidak sedar dan GAGAL memaklumkan kepada pekerja mengenai pinjaman ini....yang diberikan dengan faedah sangat rendah...lebih kurang 4 %... ?

...when it involved a whopping RM800 million? (The loan attracted an interest rate of 4.041 percent per annum with a tenure of 10 years, which is paid on an amortised basis – much less than the interest from commercial banks.)
Kalau SOCSO/PERKESO mahu berikan pinjaman dengan kadar faedah begitu rendah - lebih lojik pinjaman ini diberikan kepada pekerja untuk pembelian rumah... di mana pinjaman ini selamat, kerana jika peminjam gagal membayar balik, pihak PERKESO/SOCSO boleh jual rumah dan dapat balik jumlah yang dipinjam serta faedah yang perlu dibayar ...tak rugi pun...

Justeru, bila wang dalam PERKESO/KWSP digunakan secara salah...sebagi pinjaman kepada pihak syarikat lain pada kadar faedah yang sangat rendah...dan dimana ada risiko dari segi pulangan ..., saya ingin menyatakan bahawa 'wakil pekerja' dalam badan Pengarah harus dipersalahkan ...

Setahu saya, wakil pekerja ini biasanya dari MTUC - jadi adakah MTUC setuju dengan pinjaman ini kepada TRX? Atau adakah MTUC dan pihak union lain yang menjadi ahli MTUC tidak dimaklumkan oleh 'wakil pekerja' dalam PERKESO?SOCSO ini? 
Siapakah yang memilih wakil pekerja ini? Adakah MTUC yang pilih ...atau adakah kerajaan semasa yang memilih 'wakil pekerja' tanpa memberikan hak kepada MTUC memilih 'wakil'? Political appointee ...atau wakil yang dipilih secara demokratik oleh MTUC? 
Jika 'political appointee', ini harus ditukar...dan pemilihan wakil pekerja di dalam SOCSO/PERKESO  dan juga KWSP/EPF mesti dilakukan secara demokratik oleh pekerja. Kini MTUC dan CUEPACs yang mungkin memilih - justeru hak mengundi dan memilih ditangan kesatuan sekerja dalam MTUC dan/atau CUEPACs ...TETAPI persatuan Kesatuan-Kesatuan ini pada masa ini tidak mewakili semua kesatuan sekerja dalam Malaysia. MTUC, pada masa ini hanya mewakili lebih kurang 30% kesatuan sekerja - dan sukar juga untuk kesatuan lain masuk jadi ahli, contohnya NUFAM yang mahu jadi ahli telah dinafikan keahlian...
According to the Trade Union Affairs Department, only 875,193, or six percent, of the 14.5 million workers in the country, are currently union members. Union membership in the private sector also shows a marked decrease, dropping from 433,702 in 2009 to 359,206 in 2017. - The state of the labour movement in Malaysia
Lebih kurang 6 peratus pekerja adalah ahli kesatuan sekerja di Malaysia, dan dikalangan pekerja swasta bilangan ahli kesatuan mungkin lebih kurang 4-5% sahaja, dan semakin berkurangan.  Jadi, haruskah kita mempunyai cara perlantikan pekerja yang lebih demokratik?

Haruskah wakil pekerja dalam PERKESO yang membenarkan PERKESO memberi pinjaman RM800 juta kepada TRX pada kadar faedah yang sangat rendah harus dikenalpasti dan diambil tindakan? Mengapa mereka setuju? Adakah mereka SEDAR bahawa mereka telah setuju? ATAU, lebih serius jika PINJAMAN ini telah dilakukan tanpa pengetahuan mereka atau Badan Pengarah PERKESO? 
Saya menunggu jawapan 'wakil pekerja' dalam PERKESO bila keputusan ini dibuat? 
* Sedih sekali jika 'wakil pekerja' hanya berminat dengan pangkat dan wang yang mereka terima secara peribadi...tetapi gagal menjaga hak dan kepentingan pekerja. Wakil pekerja harus sentiasa lapur kepada pekerja ...berbincang dengan pekerja ...dan benar-benar menjadi wakil pekerja dalam PERKESO dan KWSP?
Adakah MTUC sudah bersuara dalam isu RM800 juta ini? Adakah UNION lain(khususnya kesatuan kebangsaan/negeri/regional sudah bersuara? Tidakkah mereka tahu mereka ada TUGAS menjaga hak, kepentingan, nasib semua Pekerja di Malaysia?

Mission impossible: How our Socso money got loaned to TRX

R Nadeswaran  |  Published:  |  Modified:
The question: “Where has the US$3 billion (RM12 billion) raised in 2012 for the purpose of investing in Tun Razak Exchange gone to?”

- Finance Minister Lim Guan Eng
The reply: “So far, the loan is government-guaranteed and we managed to get the returns as promised which is twice a year. They have also started to repay the principal payment. The coupon payment was twice a year, normally in April and November and the recent payment was paid on time. So, all this while they have honoured (payments), meaning there is no lapse in payment.”

- Socso CEO Mohammed Azman Aziz Mohammed, in stating that TRX City Sdn Bhd honoured its repayment schedules for the RM800 million loan.

COMMENT | The scenario is frightening. Money from the Social Security Organisation (read, money from the workers of Malaysia) was loaned in 2012 to TRX has disappeared.

Yes, someone in the 1MDB took it – perhaps to buy a yacht or pay for their casino gigs. The money belongs to us – you and I, who part with deductions from our salaries every month for a scheme under the employees’ social security scheme.

It is easy to dismiss this loan transaction as “guaranteed by the government” and hence, believing that there is nothing to fear.

But one must realise that if there is a default, it will once again be the taxpayers who will have to foot the bill. The workers who pay taxes are getting the wrong end of the stick. It is a case of heads you win, tails we lose.

Why were the loans given in the first place? Socso is not a bank or a financial institution. Neither is it in the moneylending business, nor does it have a money lending licence. There are explicit provisions in the preamble to Socso’s statute book which reads: “An Act to provide social security in certain contingencies and to make provision for certain other matters in relation to it.”

Does the law allow Socso to go into such business or transaction? The answer is no. Did it breach the regulations governing the use of its funds? The answer is likely yes.

Who pulled the trigger?

Having perused the act in totality, there are no provisions for Socso to give any loans except for loans or scholarships to a dependent child of an insured person. So how does the RM800 million fit into the scheme of this transaction?

There is one catch-all clause that may provide some clue as to the compelling reasons for Socso to provide loans.

Section 71 of the Act outlines how its monies should be spent. Subsection (ix) says it can be used for “purposes as may be authorised” by the minister in consultation with the finance minister.

Therefore, is it safe to assume that then-human resources minister Dr S Subramaniam and then-finance minister Najib Abdul Razak had been consulted and gave their consent to the loan?

But wasn’t there a whimper of objection from any quarter, because the money belonged to the workers? You and I could not have raised it, because the transaction only appeared in public domain a few years later.

What were the board of directors doing? Didn’t they approve the loan? Or did they pass the buck to the management by claiming that they were in the dark?

Shouldn’t a “board paper” have been prepared for discussion by the directors, especially when it involved a whopping RM800 million? (The loan attracted an interest rate of 4.041 percent per annum with a tenure of 10 years, which is paid on an amortised basis – much less than the interest from commercial banks.)

So, were there voices of objection or dissent, or was this case of the usual and unanimous shouts of “setuju” (yea) or the act of angkat tangan (raising hands) à la local council decisions?

If this was the case, shouldn’t the entire board be held responsible? Wasn’t it a breach of fiduciary duties as directors? Will they use “we were instructed” as an excuse? They can’t. Aren’t they are supposed to act independently as stakeholders of workers’ money?

Shouldn’t they have told the ministers that it could not be done? (There have been several CEOs and boards which had in the past put their feet down despite insistent requests from various quarters, the prime minister included.)

In any organisation, the statute book is the guiding light. If the necessities and provisions are not considered by those in authority, they might as well throw the rule book out of the window and allow jungle law to take effect.

The long tentacles of 1MDB have stretched far and wide for funds. Government agencies which are flushed with funds became soft targets for the vultures who wanted money from every nook and corner to cover their failures and shortcomings.

The public has a right to know the events and discussions leading to the loan. The current human resources minister should direct Socso to make public the board papers (if any), the board minutes and the discussions that followed whereby the board agreed to release the money.

By the way, RM800 million is not someone’s weekend rojak money. Let us, the taxpayers decide if the directors of the board are fit to remain. Their dereliction of duties is something serious and must be looked at intensely and intensively.

R NADESWARAN contributed because all his working life, Socso has a “once you get in, you can’t get out” policy. His and your money are part of the RM800 million loan. Comments:
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini. - Malaysiakini, 5/8/2018

Friday, August 10, 2018

Mohd Azis Jamman '...firmly believes that the law[SOSMA] is good' - REMOVE HIM FROM CABINET?

We may have to call for the removal of Deputy Home Minister Mohd Azis Jamman from Cabinet, because he was reported saying that he '...firmly believes that the law[SOSMA]  is good,...' - Maybe, if he or maybe his relatives/acquaintances were victims of SOSMA, he would have not said this publicly in an ASEAN event...

Does he even know WHY Security Offences (Special Measures) Act 2012 (SOSMA) IS BAD? Sadly, some of the PH MPs also do not understand why SOSMA and the Detention Without Trial laws like POCA, POTA need to be repealed...

SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?

Malaysian Bar - SOSMA Must Not be Abused to Quell Dissent - condemns arrest of Maria Chin?

Bar Resolution for the Repeal of the Prevention of Crime Act 1959 and All Detention Without Trial Laws, and Provision for Compensation for Deprivation of Liberty of the Innocent

He is also wrong when he says that  "However, the law has been abused in the past for political reasons,...' - It has been used mostly against non-politicians...ordinary Malaysians...

Now, if the police uses SOSMA and then maybe POCA or POTA - the victim, even though innocent, cannot even challenge the reasons for the use of POCA and POTA in court...

Even for organised crimes, then charge the person in court ...and, remember it is NOT the police or prosecutor or the Minister that decides whether someone is GUILTY or not - it is the courts after a FAIR TRIAL.

Should a PH-led Cabinet member be making such statements publicly? Maybe the PM should remove such people from the Cabinet - and immediately repeal all these draconian laws like SOSMA, POCA, not delay...Remember POCA now can be used against anyone who committed any Penal Code offence who allegedly committed the crime against another...Remember the presumption of innocence until proven a court after a fair trial.


Magistrate decides whether police can ddetain a suspect for more than 24 hours

In Malaysia, after arrest, the police can also keep a 'SUSPECT' in detention for less than 24 hours - and, if the police needs to detain a person for a further period, he must bring before a Magistrate and apply for a remand order....which can go on for a maximum of 14 days...

Why the Magistrate?

Well, we do not trust the police ...who can unnecessarily detain a 'suspect', or even do things that is not allowed in "TOTURE"(Anwar was beaten and given a black eye, and there is so many incidences of death in police custody)...

So, the Magistrate listens to the application of the police, listens to the submissions of the 'suspect'(or his/her lawyer), may even ask questions to the accused and even the police determine whether a 'SUSPECT' really needs to be further remanded for the purpose of further investigations. Then the Magistrate orders further remand, if deemed necessary and just...[even after the Magistrate orders further remand, this decision could be reviewed by a High Court judge]

Under SOSMA, no need to bring before a Magistrate - a police officer can simply extend period of detention for up to 28 days...
Section 4 SOSMA
(5) Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.
Thus, there will be NO 'check and balance' by the Magistrate/Judge - and anyone who the police claims is a suspect ....and later that 'suspect' may simply be released  ...Now, when a person is simply arrested/detained - think of what will happen to his/her job,, in Malaysia, there is still no law to provide for COMPENSATION for those simply arrested and detained...There really must be a law to provide for COMPENSATION to people who are denied their freedom wrongly be it intentionally/negligently...

Of course, the rich an powerful like Najib do not even spend days in police lock-up - usually only the poor...


In a CRIMINAL TRIAL - what is admissible and acceptable by court are provided for by our Evidence Act and also our Criminal Procedure Code >>> but SOSMA allows for the ignoring of this criminal procedural and/or evidential requirements... So, evidence not normally accepted by court, may be accepted if SOSMA is used...This is NOT JUST...and certainly will not ensure a fair trial...


BAIL - Normally, the law will stipulate what offences can be bailable and what cannot....BUT, if SOSMA is used, then  Bail will be denied for even offences that are bailable... so, an accused person will have to be detained until his/her trial is over ....Remember, if he/she is finally found not guilty - in Malaysia, he/she will not receive any COMPENSATION...and he/she may have spend years in detention until his trial/appeals all come to an end...This is certainly not fair and  just...

So, what nonsense when the Deputy Home Minister public says that SOSMA is good...

Maybe, the media got it wrong - so the government need to quickly set the record straight, and reaffirm its commitment to speedily repeal SOSMA, POCA, POTA and other draconian laws...

AND in the interim period, pending the REPEAL, IMPOSE a moratorium on the usage of these laws...

Sosma is good and necessary, but needs to be reviewed, says Deputy Home Minister 
Tuesday, 7/8/2018

KUALA LUMPUR: The Security Offences (Special Measures) Act 2012 (Sosma) is a good and necessary law, but will be reviewed given past abuses of the law, said Datuk Mohd Azis Jamman.

The Deputy Home Minister said he firmly believes that the law is good, as it enables authorities to tackle serious crimes such as organised crimes and terrorism.

"However, the law has been abused in the past for political reasons, thus the ministry has set up a special committee to review it along with other laws, such as Prevention of Terrorism Act (Pota) and Prevention of Crime Act (Poca).

"In my opinion, the law is good and if this law is no more, I am quite sure organised crime syndicates will laugh at the authorities," he told a press conference after launching the meeting of Asean Immigration Heads on Tuesday (Aug 7).

He was asked to comment on calls to not repeal Sosma by former top cops, including former deputy Inspector-General of Police Tan Sri Bakri Zinin.

When pressed further whether he ruled out the possibility that Sosma will be repealed, Mohd Azis said the special committee, which will include the Attorney General's Chambers and other agencies, will review it.

"We will take into account the views of various parties, especially the Royal Malaysia Police, who are the frontliners.

"We will come to a conclusion and inform the rakyat when the time comes," he said.

On July 22, Prime Minister Tun Dr Mahathir Mohamad said the government would repeal laws that are oppressive, especially Sosma.

Dr Mahathir said the act, which was introduced during former prime minister Datuk Seri Najib Tun Razak's administration, allowed the government to arrest anyone without having to go to court. - Star, 7/8/2018

Abolish Sosma, NSC Act, Pota, Poca now


The Coalition for Free and Clean Elections (Bersih 2.0) strongly condemns Deputy Home Minister Mohd Azis Jamman’s reported statement calling the Security Offences (Special Measures) Act 2012 (Sosma) a good law.

According to the report, this was said during a press conference after the launch of the Asean immigration heads meeting in Kuala Lumpur on 7 August.

Bersih 2.0 would like to ask the deputy minister to please clarify what aspect of the law he thinks is good especially to those families of people currently detained under Sosma.

Detainees have reported instances of being beaten and forced to suffer dehumanising conditions merely to extract a confession. Many families of Sosma detainees have been left in a state of limbo following detention without trial of their family member for 28 days in the initial period and then prolonged detention while waiting for trial. Their lives have been turned upside down by Sosma.

Sosma’s legacy is no more than a tool used by the former Barisan Nasional government to silence dissenting opinions. The most glaring case was the detention of Maria Chin Abdullah, former chairperson of Bersih 2.0, for 10 days under Sosma. She was held in solitary confinement and mentally tortured with long hours of non-stop interrogation by police officers.

We find it appalling that the government is still making statements about how they are thinking about reviewing Sosma instead of abolishing it, especially since Pakatan Harapan has already made a commitment in its manifesto to abolish these oppressive laws.

Malaysia has more than enough laws that in line with human rights to tackle criminals and terrorists. There is no need to retain the infamous Sosma.

The government must never waver in its commitment to fulfilling its obligation to repeal any oppressive laws enacted under BN rule. This also includes the abolishment of the National Security Council Act, the Prevention of Crime Act and the Prevention of Terrorism Act, which will be misused.

Bersih 2.0 reminds the government that it had won because the Rakyat was fed up with living under the oppressive rule of Barisan Nasional. If they continue to follow in BN’s footsteps, then they will lose the support of the Rakyat.

Bersih 2.0 steering committee

Thursday, August 09, 2018

HR MINISTER - Malaysian Workers - Direct Employment and Employment Contracts For so long as the work exists?

 Image result for pinjaman untuk penjawat awam banners

HR Minister can use powers under Section 2A Employment Act 1955 to abolish 'contractor of labour' system - and ensure all workers at any workplace are direct employees of the principal(owner/operator of the workplace) ...

HOW MANY MALAYSIAN WORKERS HAVE NO SECURE EMPLOYMENT?  HOW MANY MALAYSIAN WORKERS HAVE NO GUARANTEE OF  INCOME INCREASE...OR EVEN THE SAME INCOME....usually because they simply have short-term employment contracts...forcing them yearly to struggle with other applicants to get new employments...? Malaysia can simply pass new laws restricting or abolishing use of 'short-term contracts' save for certain limited exceptions...Ensure that contracts last for so long as the work for which worker was employed lasts...

TELL US many workers in Malaysia are REGULAR employees, how many are short-term/fixed term employees, how many are just supplied workers under the 'Contractor for Labour' system....

? Image result for pinjaman untuk penjawat awam banners

Regular employees have got stability - possibility of annual income increases, etc...

Note - we see banners with announcement that loans for homes/home repairs/ etc available for public sector employees only (Why? Because they are generally all REGULAR employees with stable income and employment security...but workers in private sector do not have this stability so money-lenders are afraid to give them loans....). 
YES - Malaysians at GE14 finally mustered the courage to VOTE out the previous UMNO-BN government which left the Pakatan Harapan led-government and friends taking over the Federal Government, and all State governments save for Pahang, Perlis and Sarawak...

Exposing the 'secrets' of wrongdoings - taking actions against wrongdoers, recovering our monies, cleaning up the system to make it more efficient, transparent and accountable are all good ...but we want more....especially to improve the well being of Malaysians - so they can Malaysians(and their families) can become financially/economically stable free from having to survive on government/politician's handouts...

WORKERS - they need Stable REGULAR employment until retirement....UMNO-BN allowed the rise of unstable precarious form of employment like 'short-term/fixed-term contract employment, and precarious 'employment arragement' like the Contractor for Labour system). The Opposition(PAS,DAP and PKR) strongly opposed the 'Contractor For Labour' system - but now in power, the new PH-led government has yet to abolish the 'Contractor For Labour' system - WHY? The HR Minister also has not announced that they will do so...ensuring direct the principal employers of the workplace.

Section 2A Employment Act 1955

(1) The Minister may by order prohibit the employment, engagement or contracting of any person or class of persons to carry out work in any occupation in any agricultural or industrial undertaking, constructional work, statutory body, local government authority, trade, business or place of work other than under a contract of service entered into with-
(a) the principal or owner of that agricultural or industrial undertaking, constructional work, trade, business or place of work; or
(b) that statutory body or that authority.
(2) Upon the coming into force of any such order, the person or class of persons employed, engaged or contracted with to carry out the work shall be deemed to be an employee or employees and-
(a) the principal or owner of the agricultural or industrial undertaking, constructional work, trade, business or place of work; or
(b) the statutory body or local government authority,
shall be deemed to be the employer for the purposes of such provisions of this Act and any other written law as may be specified in the order.

(3) Notwithstanding subsection (1), the Minister may by order approve the employment of any person or class of persons by such other person or class of persons (not being the principal or owner) as he may specify but subject to such conditions as he may deem fit to impose.

Now the minister can also amend Section 11 of the Employment Act 1955 ensure end of contract ONLY happens when the work is done ...Proposed part that should be deleted is underlined in red...Now even if the work still exist, employers simply let the worker go and hire a NEW wrong and unjust...(Remember, that even in REGULAR employment, if the work no longer exist requiring the worker, employers can simply resort to RETRENCHMENT...workers that commit serious misconduct could also be dismissed...likewise, even workers that 'do not do the work at even required standard/efficiency...or have slacked'...could likewise be dismissed...

Section 11 - Employment Act 1955
(1) A contract of service for a specified period of time or for the performance of a specified piece of work shall, unless otherwise terminated in accordance with this Part, terminate when the period of time for which such contract was made has expired or when the piece of work specified in such contract has been completed.

(2) A contract of service for an unspecified period of time shall continue in force until terminated in accordance with this Part.

NEW Section 11(1) - Employment Act 1955 maybe should read as follows - (1) A contract of service  for the performance of a specified piece of work shall, unless otherwise terminated in accordance with this Part, terminate when the piece of work specified in such contract has been completed.

Related post  

HR Minister - Court Janitors/Cleaners Issue? Make them regular employees of government?

Nampaknya kerajaan PH tidak prihatin terhadap pekerja sama saperti UMNO-BN? Majikan tempat kerja harus satu-satu majikan semua pekerja yang kerja di tempat kerja?

Abolish 'Contractor for Labour System' That is Weakening Unions and Workers Capacity to Protect Rights?

93 Groups:- Abolish the ‘Contractor for Labour’ system Withdraw the 2012 amendments to Employment Act 1955.

93 - Mansuhkan Sistem ‘Contractor for Labour’ Tarikbalik pindaan 2012 kepada Akta Kerja 1955.




PSM claims 50k gov't hospital cleaners exploited by fixed-term contract

Faisal Asyraf  |  Published:  |  Modified:
About 50,000 cleaners of the government hospitals and clinics nationwide are at risk of being exploited and having their rights denied due to the fixed-term contract system which does not guarantee job security, according to Parti Sosialis Malaysia (PSM).

Party deputy chairperson M Sarasvathy revealed that contracts of the cleaning service for the hospital have been given to five concessionaire companies, where four of them are under UEM Group Bhd, UEM Edgenta Group, as well as Khazanah Nasional Bhd.

"These companies outsource the cleaning services to sub-contractors for two years. This causes the sub-contractors to offer a work contract for periods of six months, a year and two years to the workers.

"It is clear that the nature of the job is a permanent employment but the concessionaire companies have 'dressed up' the job as a seasonal job," she said in a press conference at the PSM office in Brickfields, Kuala Lumpur, today.

As a result, Sarasvathy said, when the employer changes every two years, the workers are denied from their employment rights such as yearly bonus, annual leave, salary increment, employee's termination layoff benefits - and they cannot apply for loans as they are contract workers.

"Each time they get a new employer, they are considered as new workers. There are cleaners who have worked for more than 20 years and their salaries are stuck at RM1,000 and they have been given only eight-day annual leaves.

"They cannot apply for housing, car and personal loans to fund their children's education," she said, describing what these workers are going through as "modern slavery".

PSM urged the Pakatan Harapan government, government-linked companies (GLCs) and government-linked investment companies (GLICs) to immediately abolish the fixed-term contract system in the support service sector of the government hospitals and make the cleaners as permanent employees, directly under the principal employer.

Sarasvathy said the government must ensure that fixed-term contracts under Section 11 of the Employment Act 1955 are not abused by certain parties. - Malaysiakini, 9/8/2018