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Saturday, May 29, 2010

PRM: Pemansuhan subsidi tak akan elakkan Malaysia daripada menjadi bankrap

Kenyataan Media 29-05-2010


Pemansuhan subsidi tak akan elakkan Malaysia daripada menjadi bankrap 

Parti Rakyat Malaysia( PRM)  tidak bersetuju bahawa pemansuhan subsidi barangan kawalan seperti gula, tepung, minyak masak, perkhidmatan perubatan awam, pendidikan dan sebagainya tidak akan membebankan rakyat.  Rakyat khususnya mereka yang tinggal di bandar mengalami pengalaman pahit dan kesan buruk akibat minyak petrol dinaikkan sebanyak 30 sen seliter  dulu.

Menurut Menteri di  Jabatan Perdana Menteri Datuk Seri Idris Jala, jika subsidi yang ada sekarang tidak dimansuhkan, dan dengan kadar pertambahan purata hutang negara sebanyak 12%, hutang negara  terkumpul semenjak 1997 makin tahun makin naik, dan negara ini akhirnya akan menjadi bankrap seperti Greece pada 2019.   Oleh itu,  beliau bercadang supaya subsidi dimansuhkan untuk mengelakkan Malaysia daripada menjadi bankrap .

Benarkah negara ini tidak akan bankrap jika subsidi  barangan kawalan dan sebagainya  dimansuhkan?

Pada pendapat PRM, sama ada subsidi dimansuhkan atau tidak, Malaysia   pasti akan menjadi bankrap sekiranya dasar dan pemikiran parti pemerintah  BN-UMNO tidak berubah.

PRM hendak tanya,  harga minyak mentah iaitu petroleum, getah dan minyak kelapa sawit naik sejak tahun 1997, pada masa yang sama nilai hasil sektor pembuatan Malaysia juga bertambah, dalam keadaan  pendapatan negara bertambah ini, kenapa hutang negara masih bertambah setiap tahun?   Ke manakah wang cukai yang banyak itu pergi? Bukannya semua diguna untuk subsidi barangan kawalan!

Rakyat Malaysia sekarang makin hari makin ramai telah sedar dan faham, punca segala masalah ekonomi dan sosial negara hari ini ialah amalan rasuah, kronisme, pembaziran, rent-seeking, dan penyalahgunaan kuasa  yang sudah menjadi budaya dan sebati dengan falsafah hidup BN-UMNO, contoh-contohnya sudah diketahui umum, tidak perlu disebut lagi. Punca masalah kita bukan subsidi yang diperuntukkan untuk barangan kawalan dan perkhimatan asas awam seperti perubatan dan pendidikan. Kesemua amalan buruk inilah merupakan punca pokok yang akan membankrapkan Malaysia. 

Jika punca pokok tersebut tidak dibetulkan, pemansuhan subsidi tidak akan menyelamatkan Malaysia daripada bankrap,  bahkan Malaysia akan lebih cepat dan awal menjadi negara bankrap, tidak perlulah sampai 2019. BN—UMNO telah macam Raja Bersiung, seorang raja yang ketagih akan darah manusia dalam makanannya.

PRM pasti bahawa selagi negara di bawah pemerintahan BN-UMNO, subsidi yang dimansuhkan tidak akan memanfaatkan rakyat. Wang itu hanya akan menggemukkan BN-UMNO.

Rakyat Malaysia hendak berwaspada supaya tidak terperdaya oleh apa-apa tindakan BN-UMNO kononya hendak mendapatkan maklum balas rakyat tentang pemansuhan subsidi.




(Koh Swe Yong)
Setiausaha Agung
012-2766551

21B(F) Jalan SJ 6 Taman Selayang Jaya 68100 Batu Caves Selangor Malaysia

 
29-05-2010

致新闻采访主任

废除了津贴马来 西亚不会破产?

马来西亚人民党总秘书 发表文告指出,马来西亚人民党不同意,废除统制商品如糖,面粉,食油以及对公共基本服 务如医药和教育等的津贴,不会加重人民的负担。我国人民尤其是市区居民已经经历过汽油每公升涨价30仙所引起的痛苦和恶劣后果。

根据首相署部长拿督斯 里依德里斯加拉,如果对上述物品的津贴不取消,并根据1997年为基础的国家债务每年平均增加12%来计 算,从1997年开始的国家累计债务年年增加,这样 下去,马来西亚将在2019年成为另一个希腊,面对国家破产的厄运。因此,他建议废除 物品津贴,以免国家破产。

马来西亚人民党要问, 难道国家将真的不会破产,假如进行了废除物品津贴制?

人民党认为,不论津贴 制废除与否,马来西亚照样会破产如果国阵巫统执政者的政策和思维没有改变。

马来西亚人民党指出, 从1997年开始 石油,树胶和棕油价格不断在上涨,与此同时我国的制造业领域的生产价值也增加,在国家收入增加的情况下,国家债务为什么每年还是不断上升? 这么多的税钱去了那里?不是所有的税钱都用在津贴统制品!

现在,越来越多马来西 亚人民已经醒觉和明了,我国当前面对的所有经济和社会问题的根本根源是:贪污,朋党主 义,浪费,依靠权贵的中介抽取拥金(rent-seeking)和滥用权力行径已经 形成一种文化,成为国阵巫 统人的生活哲学,在此不必列举例子,大家都已经非常清楚。所以国家问题的根源不是拨款津贴统制品和基本 公共服务的医药和教育。上述的所有恶劣行径将是造成马来西亚破产的基本根源。

如果不认真纠正上述基 本根源,废除津贴将不会挽救马来西亚面对破产的后果,马来西亚甚至会更快和更早成为破 产国家,不必等待到2019年。国阵巫统行径已经 如马来古典文学里的Raja Bersiung即嗜血成性的国王。

马来西亚人民党很肯 定,只要,马来西亚仍旧在国阵巫统的执政下,废除津贴将不会给人民带来益处。那些被废除的津 贴的钱只会用来养肥国阵巫统。

因此,马来西亚人民必 须谨防,以免上了国阵巫统计谋的当。这些听取人民心声的举动只是表面功夫,好看好听, 真正不是听取人民对废除津贴的回馈和心声。

马来西亚人民党总秘书


辜瑞荣
012-2766551

21B(F) Jalan SJ 6 Taman Selayang Jaya 68100 Batu Caves Selangor Malaysia

Friday, May 28, 2010

Subsidies: If BN does not, PR should conduct referendum at least at the States it governs..

Najib says the people will be consulted and the people will decide on whether subsidies will go or not.... but there seem to be no indication that the government will be holding any referendum that will allow all people in Malaysia to have their say...what has been now is some SMS poll, which allegedly was sent to some 200,000 persons (I did not receive any such SMS - and in this time when money is tight and there are a lot of 'phone hoax' - I wonder how many will even reply. Was it send to 200,000 UMNO members...who would blindly agree with leader Najib?)

If the people are to decide, then there must be a Referendum - and all persons (not just those with handphones) will be able to vote in their decision. do a Referendum...
Meanwhile, what is Pakatan Rakyat doing about this - surely, they can do a Referendum at the states they govern, if the UMNO-led Federal Government is not going to do a national level Referendum. The government is campaigning for the removal of subsidy to prevent Malaysia going "bankrupt"...but do they people hear the other opinions too? I do not think so...Well, the Opposition must go down to the people and get their views...and communicate it back to the government....and do so before it is too late.

There are a lot of government wasteful spending which could be eliminated and save the government a lot of money, without cutting the subsidies that is really needed for the poor and the lower-income group, which is a majority in Malaysia. Subsidies for basic food items, cooking oil, cooking gas, fuel, electricity, water, sewage treatment, etc should not be removed. Likewise, the subsidies in education and healthcare must not be removed.


KUALA LUMPUR: The people will decide if subsidies are maintained or abolished but the important point is that they must fully understand the consequences of that decision, said Prime Minister Datuk Seri Najib Tun Razak on Thursday.

Earlier Thursday, Minister in the Prime Minister's Department Datuk Seri Idris Jala had said that Malaysia would be bankrupt in nine years if it failed to cut subsidies and rein in borrowings.

Najib said that he wanted feedback from Malaysians and pointed out that whatever decision the people made would impact their well-being and affect the country’s future.

He added that the Government would gather public opinion on the subsidies from several groups first before making a decision on the matter.

“The question is do we want benefits for the long-term or whether we should maintain the present status quo today, but which will expose our country to certain risks.

“We want the people to know the different implications from the decision made on the subsidies.

“If we choose “A” this is the implication, or if we choose “B” this is the implication.

“This will be a transparent process because this matter is a huge issue and we want to share this with the people,” he told reporters after chairing the Umno supreme council meeting here Thursday.

Najib was commenting on Idris Jala’s statement that Malaysia’s subsidy bill was unsustainable at a whopping RM74bil last year, or RM12,900 per household. - - Star, 27/5/2010, PM: The people will decide if subsidies stay or go (Update)



Cut down government wastages - keep the subsidies for the benefit of all Malaysians

The UMNO-led BN government should really be looking at cutting down government wastages rather than trying to remove subsidies...

They asked us to shift from RON97 to RON95 - and changing petrol certainly has an impact on engines, and we did it. They should only be subsidizing RON95 now....and, of course diesel.

Subsidies should also continue for basic food items, including cooking oil and gas. 
Should the government be subsidizing tolled-highways. Maybe not, where there are alternative government roads. That money should be used to upgrade existing government roads - and building new alternative roads. But, where there are no alternative government road, like from KL to Karak, then the government should continue subsidizing.

The government is trying to demonize 'subsidies' - and that is wring because these subsidies benefit the people (the 'rakyat') generally, and this is good as the majority of Malaysians are still poor and in the lower-incomed group. There is also a large number of 'retired' persons, and benefits should be extended to cover everyone above the age of 55(or 60) - for currently, attention is only being given to those who previously worked for the government - the public servants. Let us not forget that those in the private sector and self-employed also did contribute to the development of the country. Benefits must be for all the elderly ...all the 'warga mas'...

Now there is a lot of wastage of money by reason of 'privatization'...tendering out, etc. If your pipe burst, no longer does the JBA come and do the repairs - they give it out to a contractor. Money could have been saved if the JBA (or the JKR) did these minor maintenance and repair works. Same with holes on the road - now a tender...and some private contractor ends up doing the job. Not only is there a delay ...but it is also a lot of waste of money.

In the armed forces, previously the army personnel did their own cooking, own repairs and maintenance, grass cutting in the camp....but now everything has been been contracted out. Our soldiers only march, train...and....Some senior military personnel was not at all happy with this... Maybe, we can give these back to the army. Not only is it good for moral and team building - but it also gives them additional skills in cooking, minor electrical, water, construction...which is all useful when they retire after serving 21 years in the army. 
How much does it cost to re-tar a less than 1 KM tarred road? Well, now it is about RM100,000.... when the cost should be far less...maybe about 20% of that sum. 

There are so many ways that our UMNO-led BN government can save money - and cutting subsidies is not the way. As it is, it is already near impossible to survive as a sole-bread winner family because wages were kept low for so long. Now both spouses are forced to work - hence the need for domestic workers, day care, etc... 

Fuel subsidies - well, Malaysia was not interested in improving and developing public transport systems. In fact, some say that they made sure it was bad...and undependable - so much so that people were forced to get their own cars...motorbikes just to get to work. If there was an effective public transport system, there will be less cars on the road - hence less fuel used...hence less spend on subsidies. [Now, they plan to just give cash payments for cars below 1,000 cc, and this is wrong since the lowest cc Proton was 1,300 cc.]

What about trains? Look at the East Coast - it is still so backward and slow. There is, in fact no new rail lines build since independence. We should have a west coast line - travelling by the west coast line. Another east coast line from JB-Pekan-Kuantan-Kuala Trengganu-Kota Baru.... A line maybe from Mersing cutting accross to Seremban. A line from Mentakab to Kuala Lumpur. A line from Kota Baru to Penang...and of course also more railway lines in Sabah and Sarawak. High speed trains....Town busses - maybe run by the local councils. Cut the amount of fuel consumed by improving public transport - now attention has only been with regard to Kuala Lumpur and the Klang Valley..(even then, there is no LRT to the Court Complex, Goverment Complex in Pudu...) Why? Some say the problem was Proton and the 'Malaysian' cars - which needed to be sold for no one else was interested in them. 

This plan to disburse money through Pos Malaysia - wonder how much is Pos Malaysia getting from this? 

And they say that the government is going to get feedback from the people....BUT, I do not see that. We should have a referendum to get everyone's opinion. Before that, access must be given to all persons with different views to express themselves to the Malaysian people. Now, the government is just giving one perspective, i.e. the UMNO-led BN perspective - and that is simply that 'subsidies are bad'...'Government wasting a lot of money on subsidies'..."If subsidies is not ended - Malaysia will become bankrupt" - Why waste money to buy a submarine...and maintain it? Does Malaysia really need a submarine? Why? Or is it just like we have the highest flagpole, highest Twin Towers, ....but a very bad Gini Coeficient (i.e. that shows that distribution of wealth is really lop-sided)

Subsidies for only a select group - the poor. Well, Malaysians do not trust the government - for many believe only the UMNO (and the BN) people may be getting these 'subsidies' - but not those who support the Opposition and others. Better give all the benefits of the subsidies - for if given to a 'select group' only - it could be used as a tool to 'force' people to support the UMNO-led BN [or the existing political coalition in power] - not fair...and open to abuse. Subsidies for all is best...

See earlier posts:

Should we cut 'cooking gas' subsidy? Electricity subsidy? Water subsidy? No, we should not...

Should we cut education subsidies in Malaysia?

Demonising subsidies is wrong. Subsidies is essential for justice...and the people of Malaysia

Malaysians will not “dance on the streets” when the government retracts subsidies for many essentials, warns Minister in the Prime Minister's Department Idris Jala.

Speaking at the Performance Management and Delivery Unit (Pemandu) Subsidy Rationalisation Lab “open day” in Kuala Lumpur this morning, Idris told his audience that an austerity drive was inevitable.

idris jala pemandu subsidies powerpoint“This is the most unpopular decision the government has had to make since independence. It will never be popular and if you want to wait until it is popular, we will never do it in our lifetime.

“My worry is that if we vote not to do this, our children will condemn us. A saying that I live by is that in life, there is no gain without pain, and there is no breakthrough without breakdown,” he said to crowd of about 1,000, with some seen nodding in agreement.

Donning his old corporate hat, the former MAS chief executive officer strayed from his rostrum, opting for a more freestyle presentation, while he pitched to his audience mostly made up of businessmen, civil servants and the public.
Quest to be developed nation

Reciting from memory with a few quick glances of his presentation slides, Idris said the government does not have much choice if it wants to cut its deficit and move Malaysia towards a developed nation status.
"We have no choice or else we will end up like Greece. These bold steps would take us closer to 2020," he said.
In his speech, Idris warned that Malaysia would go bankrupt by 2019 unless subsidies for fuel, food, electricity and other staples are removed.

pemandu subsidies subsidy presentationA record high of RM74 billion were paid in subsidies last year while budget deficit hit a 20-year high, prompting the federal government to consider subsidy cuts.

The move is bound to be politically damaging for Prime Minister Najib Abdul Razak and likely to cause inflation and dampen growth.

However, the opposition and civil society are arguing that and subsidy cuts must be staggered with a greater emphasis on plugging leakages and stamping our corruption.- Malaysiakini, 27/5/2010, Austerity chief: No pain, no gain


Tuesday, May 25, 2010

UMNO-led BN is pro-rich when it comes to income tax...Rich (and super rich) should pay more

Income Tax - this is one of the ways how the government earns money, and this money is used for the general good of the people of Malaysia.

The poor, and those in the lower income groups pay no tax...or very little income tax, and the more you earn, the more you pay...and this is justice. But in Malaysia, over the past few years there has been a reduction in the amount tax paid by the very rich. Something is very wrong. 

Let us concentrate on those earning RM100,000 and more...and we see that the UMNO-led BN government of Malaysia have been reducing the personal income tax payable for the rich...and very rich. 

We also note that there is no significant jump in tax payable for rich, very rich...and very very rich... in fact in 2010 those earning above RM100,000 , and those earning RM500,000...or millions are all paying only 26%. Why? Comparatively, those earning above RM10,000 pay 3%, above RM20,000 pay 7%, and above RM35,000 pay 12%, above RM50,000 pay 19%, and above RM70,000 pay 24%....then it suddenly stays put at 26% for those earning above RM100,000 - this is certainly unjust...and it shows that our government  seems to be favouring the very rich...the higher the income, the greater the tax that one should be paying...

In Australia, those earning above AUD35,000[about RM96,000] are paying 30%,  those earning above AUD80,000 [about RM220,000] are paying 38%, and   those earning above AUD180,000[about RM495,000] are paying 45%. lSource

In US, with regard to Federal tax, above USD34,000[about RM114,000] pay 25%, above USD82,400 [about RM277,000] pay 28%, above USD171,850 [about RM577,000] pay 33%, and above USD373,650 [about RM1.26 million] pay 35%. source: Money Blue Book

  Personal income tax rates applicable to taxable income are as follows.

Tax rates of the Personal Income Tax

Taxable Income
(baht)
arginal Taxable income
(baht)
Tax Rate (%)
0 - 150,000 (2008 onwards) 150,000 Exempt
150,001 - 500,000 350,000 10
500,001 - 1,000,000 500,000 20
1,000,001 - 4,000,000 3,000,000 30
4,000,001 and over
37

      
In short, the higher you earn...the more personal income tax you pay, and we wonder why the UMNO-led BN government is making the rich and super rich of Malaysia pay so little income tax...whilst they claim financial problems, and seek to inflict the poor by introduction of the GST, etc...

Previously, Malaysia wooed the foreign investor to Malaysia to open factories...do business...and gave them all long tax-holidays as an incentive. The government spent the rakyat's money to build up the area, the infrastructure, the roads, etc... and these foreign companies are excluded from paying taxes on the profits that they make from their Malaysian operation. [Note previously, these companies provided large number of jobs for locals....hundreds...and thousands of jobs, but today, with increased automation and the other obligations of existing free trade agreements...the amount of jobs provided for locals are very minimal - and that too usually unskilled jobs - where there will be almost no technological/skills transfer. Further, today most of these companies are relying on migrant workers...and not so many locals]. I believe Malaysia is doing this, and these companies are still not paying taxes (or just minimal taxes...)]

We really need to re-look Malaysia's personal income tax rates - and increase the taxes payable by the very rich...the biggest income earners. The Malaysian personal income rates from those earning more RM100,000 (whose taxable income is more than RM100,000) and above for the last 3 years is laid out below. Below that is our income tax rates for the last 3 years...[Source: Official Website of Malaysia's Inland Revenue Board]


RM100,000 (RM100,001 - RM149,999)
In 2008 - 14,475 (27%)
In 2009 - 14,325 (27%)
In 2010 - 14,325 (26%)

RM150,000 (RM150,001 - RM249,999)
In 2008 - 27,975 (27%)
In 2009 - 27,825 (27%)
In 2010 - 27,325 (26%)

RM250,000 (RM250,001 - .......)
In 2008 - 54,975 (28%)
In 2009 - 54,825 (27%)
In 2010 -  53,325 (26%)




2010


Chargeable  Income
Calculations (RM)
Rate %
Tax(RM)

0-2500
On the First 2,500
0
0
2,501-5,000
Next 2,500
1
25
5,001-10,000
On the First 5,000
Next 5,000

3
25
150
10,001-20,000
On the First 10,000
Next 10,000

3
175
300
20,001-35,000
On the First 20,000
Next 15,000

7
475
1,050
35,001-50,000
On the First 35,000
Next 15,000

12
1,525
1,800
50,001-70,000
On the First 50,000
Next 20,000

19
3,325
3,800
70,001-100,000
On the First 70,000
Next 30,000

24
7,125
7,200
100,001-150,000
On the First 100,000
Next 50,000

26
14,325
13,000
150,001-250,000
On the First 150,000
Next 100,000

26
27,325
26,000
Lebih 250,000
On the First 250,000
Next RM

26
53,325
..........



2009


Chargeable  Income
Calculations (RM)
Rate %
Tax(RM)

0-2500
On the First 2,500
0
0
2,501-5,000
Next 2,500
1
25
5,001-10,000
On the First 5,000
Next 5,000

3
25
150
10,001-20,000
On the First 10,000
Next 10,000

3
175
300
20,001-35,000
On the First 20,000
Next 15,000

7
475
1,050
35,001-50,000
On the First 35,000
Next 15,000

12
1,525
1,800
50,001-70,000
On the First 50,000
Next 20,000

19
3,325
3,800
70,001-100,000
On the First 70,000
Next 30,000

24
7,125
7,200
100,001-150,000
On the First 100,000
Next 50,000

27
14,325
13,500
150,001-250,000
On the First 150,000
Next 100,000

27
27,825
27,000
Exceeding 250,000
On the First 250,000
Next RM

27
54,825
..........




2008


Chargeable  Income
Calculations (RM)
Rate %
Tax(RM)

0-2500
On the First 2,500
0
0
2,501-5,000
Next 2,500
1
25
5,001-10,000
On the First 5,000
Next 5,000

3
25
150
10,001-20,000
On the First 10,000
Next 10,000

3
175
300
20,001-35,000
On the First 20,000
Next 15,000

7
475
1,050
35,001-50,000
 On the first 35,000
Next 15,000

13
1,525
1,950
50,001-70,000
On the First 50,000
Next 20,000

19
3,475
3,800
70,001-100,000
On the First 70,000
Next 30,000

24
7,275
7,200
100,001-150,000
On the First 100,000
Next 50,000

27
14,475
13,500
150,001-250,000
On the First 150,000
Next 100,000

27
27,975
27,000
Lebih 250,000
On the First 250,000
Next RM

28
54,975
..........

Monday, May 24, 2010

Mother wants independent commission to investigate police shooting of her son dead - IPCMC is what we need.

When the police is involved in causing death, possible torture., etc..Malaysians want an independent body to do the investigation/inquiry...not the police. 2 Royal Commissions proposed the Independent Police Complaints and Misconduct Commission (IPCMC)

A woman today asked that an independent commission be set up to investigate the fatal shooting of her son by police on Oct 20 last year after he was believed to be involved in snatch thefts.

Sapiah Elah, 52, from Simpang Waha Felda, Kota Tinggi, said the authority had still not carried out a thorough investigation nor explained the fatal shooting of her son, Mohd Afham Arin, 18, although the incident happened seven months ago.

"I'm not satisfied as police also tried to bluff me by saying that my son was still alive when I arrived at the Seri Alam police station when he was already dead after being shot at by police in the early hours of Sept 20.

"I am also disappointed that I had to wait long to meet the Johor CID chief over the incident and to claim my son's body from the Sultanah Aminah Hospital," she said at a press conference arranged by Johor Suara Rakyat Malaysia (Suaram), in Johor Bahru, today.

Sapiah claimed that Mohd Afham who was riding the motorcycle with 19-year-old Mohd Firdaus Marsani as pillion rider, was a good son and had no previous criminal record.

She urged the Home Ministry to view the incident seriously and hoped that an independent commission of inquiry could clear her son's name as he was alleged by police to have been involved in 25 robbery cases.

Mohd Firdaus, who also demanded justice in the case, refuted the police allegation that he had waved a machete at the policemen, thus forcing the policemen to shoot at them in self-defence.

He related that he and Mohd Afham were chased by three men on motorcycles in Taman Johor Jaya after having dinner.

He said that out of fear, as the three men were in plainclothes and did not show their authority cards, Mohd Afham sped off towards Pasir Gudang with the three men giving chase.

"On reaching a corner near the bridge on the route to Seri Alam, I heard a gunshot from behind followed by two more shots which caused us to fall from the motorcycle," recalled Mohd Firdaus who managed to flee the scene after falling into some bushes.

He claimed that the death of Mohd Afham who was a student of the Ledang Community College and was undergoing training in Larkin, Johor Bahru, was due to police negligence.

Mohd Firdaus said that in January he gave a statement to the police on the incident but until today had not received any feedback from them.

- Bernama - Malaysiakini, 24/5/2010, Mother wants independent probe into teen's death

See earlier posts:-

IPCMC is what we need to investigate police shooting of Aminulrasyid Amzah - Bar Council's recent statement

UMNO-led BN government should follow the recomendation of the King's commissions - set up the IPCMC

Malaysian police can shoot and arrest when they want too...so when persons were killed, was it intentional?

Policeman watching CCTV did not see man prepare to kill himself, kill himself,,,1/2/2010

 


Sivakumar - pay RM20,000 - Courts are becoming inaccessible to the poor and small companies

Now, Sivakumar to pay cost of RM20,000....

Of late the courts have been ordering costs of RM50,000...RM30,000...and this is a lot of money, and it will definitely make the courts inaccessible to the poor...and the middle class. When it comes to cost, a nominal cost of RM500 is best...and when it is a matter against the government or a government agency, then it must that there is no order as to cost....When there is a matter of public interest, again there must be no order as to cost.

Even, when it comes to ordinary disputes - the order as to cost must not exceed RM5,000. Why? We want people to take their disputes to court...and not resort to 'self-help' and other means of resolving disputes. 
Courts must also be accessible to the not so rich persons...it is sad when large cost awards kills the capacity of a person to even appeal to higher courts, i.e. exercising a right guaranteed in law. Person/small company against a big company/person/bank, etc...and he loses at the lower court...and the court decides that he/she has to pay RM50,000...RM100,000....or RM250,000 in cost....and this kind of exorbitant sum will effectively not just deny the person the right to appeal the decision...but will also 'destroy' the poor person/company financially. Money does not grow on trees...and court decision of these sort only closes the door for the poorer ones to get justice from the courts.

Paying legal fees is already a strain on the poor...and, the question that we must ask is whether we want persons to go to court for justice? The recent court orders as to cost is exorbitant.... and, I am sure that many persons, whose rights are violated, will be just too fearful to go to the courts for justice...why? They just cannot afford to pay the costs that the court is ordering them to pay....

The Federal Court has today struck out former Perak speaker V Sivakumar's notice of motion to set aside an earlier judgment made on April 9 last year.

The ousted speaker had argued that the earlier ruling by the Federal Court was made without jurisdiction and had sought to nullify its decision.

perak speaker v sivakumar 270309The April 9 ruling denied Sivakumar (left) the right to declare the state seats of three defected Pakatan Perak assemblypersons vacant and hence call for fresh elections.

Today's panel of judges also affirmed the earlier decision that it was the Election Commission who had the sole right to declare seats vacant.

During the proceedings, the panel allowed counsel Mohd Hafarizam Harun to raise a preliminary objection on behalf of his clients, the three defected assemblypersons.

Federal Court judge Justice Zulkefli Ahmad Makinuddin in his decision laid three grounds in allowing the preliminary objection.

He said, firstly, that the respondent had failed to set out the provision in law where the application was made.

"Furthermore, the jurisdiction issue raised had been dealt with by the previous panel, which had deliberated and decided on the issue."

"Also the other panel had made a judicial finding in court, and hence this is an abuse of the court process," said Zulkefli.

Zulkefli said the decision was unanimous and asked Sivakumar to pay costs of RM10,000 to be shared among the three assemblypersons, and another RM10,000 to the Election Commission. Sivakumar, was present in court.

What today's decision apparently signifies is that Perak constitutional issues can be directly brought up to the Federal Court, after an application has been made by the High Court.

However if one were to remember ousted Menteri Besar Mohammad Nizar Jamaluddin's application, which also involves constitutional matters, was done procedurally from the Kuala Lumpur High Court, Court of Appeal and the Federal Court.

Judges refused to recuse

Earlier on, three of the judges hearing the case - Zulkefli Ahmad Makinuddin, Mohd Raus Sharif and Abdull Hamid Embong - had refused to recuse themselves.
Sivakumar's lawyer had applied for the recusal on the grounds that it was necessary to avoid the perception of any element of bias or danger of bias.

zulkefli ahmad makinudinZulkefli (left) promptly dismissed the application.

Chan Kok Keong for Sivakumar argued that Mohd Raus had made a finding of fact at the Court of Appeal on May 22 last year, which had ruled that Zambry Abdul Kadir is the rightful Perak menteri besar.

Zulkefli and Embong had been involved in a similar decision on Feb 9, 2010.

On April 9 last year, the Federal Court ruled that the speaker did not have the right to declare the state seats held by three BN-friendly assemblypersons vacant, stating that the Election Commission is the rightful body.

The verdict in effect allowed the BN to continue running Perak after its controversial takeover from the Pakatan Rakyat in February last year.

Preliminary objection

However, Hafarizam (below) made the preliminary objection in that in Sivakumar's application, it was not stated whether this application was made via a review or appeal.

NONEHe also raised the issue of res judicata (a matter already judged) in that as the matter of jurisdiction had been raised before in the April 9 verdict, where it had been argued extensively by counsel Sulaiman Abdullah.

"Sulaiman, for Sivakumar, had already made a preliminary objection then over the issue of jurisdiction and it had already been decided. This panel cannot at the same time decide to set aside a matter which had already been decided previously," he said, adding the application was also filed out of time.

Chan however submitted that in matters raised on jurisdiction, it can be heard by another panel as it had the powers to correct, something which was wrong in the interests of justice.

He said cases originating from the state concerning constitution matters should go through the normal way of it being heard at the High Court, Court of Appeal and then the Federal Court.

"Article 63 of the Perak constitution is not Federal law as it is state law. The Federal Court could not assume the position of interpreting constitutional matters directly when the case is brought up from the High Court," he said.

The crux of Sivakumar's application is that Article 63 of Perak Constitution, is by definition not federal law. Hence, the apex court had misinterpreted the Federal Constitution, it had therefore unconstitutionally assumed jurisdiction to hear and make the April 9 decision, as the case directly came from the Ipoh High Court.

chin peng origin controversy 030807 chan kok keongAt times, when Chan (right) wanted to submit he was stopped by the judges hearing the application.

Final nail

Hafarizam on commenting today's decision said this would be the "final nail in the coffin" of the Pakatan Rakyat's application.

"I hope the parties respect today's decision. The matter as to who has the legitimate government has been decided. Let us not challenge this. Let the Perak administration move on," he said.
"In the spirit of 1Malaysia, let us move on with our lives."

However, Hafarizam said if there was a challenge to this decision, they would meet their challenge head on. - Malaysiakini, 24/5/2010,
Ex-Perak speaker's application dismissed
See earlier posts:-

Pay RM30,000 in cost because you took the government to court? What is the message that the courts are giving the Malaysian public?

: "Pay RM50,000" - Are the Malaysian Courts sending a message to us? Do not challenge the government...???

Sunday, May 23, 2010

Local Council Elections - Penang Exco Suggest Mock Elections (an old suggestion made since 2008?)

There is still no local council elections in the Pakatan Rakyat states....a breach of election promises.

There are ways of enabling the people to choose their own local councilors.... and some of these suggestions have been made before...by many persons/groups

Only in Perak, did we have kampung elections (and 1 kampung baru election) - what about the other Pakatan Rakyat states...people want democracy....but they are not getting it from the BN (or the Pakatan Rakyat)...

More than 2 years after the March 2008 General Elections, a Penang State Exco insults our intelligence by making a 'suggestion'...to have 'mock local government elections' and thereafter appoint those chosen as Local Councillors....was that not one of the suggestions made since 2008? 

It is time for those of us who want real democracy at all levels to stop 'pussy-footing' when it comes to Pakatan Rakyat...We have to criticize the Pakatan Rakyat for their failings...and stop making excuses for the their breach of election promises....
Press Statement - 19th May 2010 (Wednesday)

 SUARAM Penang Supports The Penang State Government’s Suggestion To Run Pilot Mock Elections

Suara Rakyat Malaysia (SUARAM) Penang fully supports the suggestion of Penang state exco member YB Chow Kon Yeow to run pilot mock local government elections in Batu Ferringhi and Tanjung Bungah and further appoint those "elected" as councilors of MPPP.

We welcome the suggestion as a positive sign towards restoring local democracy and therefore are willing to work together with the Penang government in making this ideal a reality.

Testing out the mechanism of local elections in Batu Ferringhi and Tanjung Bungah, where residents are relatively active in the local community, is a good start. Through this effort, people can get to know more about why decision making in local governments affect their lives and, more importantly, how elections give ratepayers the right to participate and hold their elected representatives accountable.

Unlike the BN federal government's ill-advised stand on the issue (especially given Prime Minister Najib's comments that local elections are unhelpful), YB Chow's suggestion, if carried out,  can serve as a timely lesson to quarters who doubt the importance of democracy and accountability at all levels of government.

Local government elections have been removed by the BN government for close to 50 years. Hence, Suaram Penang fully understands the difficulties - both legal and logistical - posed to the Penang state government in their attempt to restore elections, especially without the cooperation from relevant federal agencies, such as the Elections Commission.  We hope the Penang state government perseveres in this endeavour, and through it gain the necessary experience it needs to make Pakatan Rakyat credible and effective in administrating a government.


Warm regards,
Ong Jing Cheng
Suara Rakyat Malaysia (SUARAM)
Penang Branch Coordinator,
63B-01-07, University Heights,
Jalan Sungai Dua,
11700 Penang.
Tel / Fax: 04-6582285
E-mail: suarampg@gmail. com
http://suarampg. blogspot. com/

Policeman watching CCTV did not see man prepare to kill himself, kill himself,,,1/2/2010

Death in Custody - P. Babu - 1/2/2010 - Bahau Police Station

Don't tell me that the police officer watching the CCTV of the lock-ups did not see the man preparing to kill themselves...and kill himself? Was he on a cigarette break... what about the other police officer? What about the other suspects in the said police lock-up...and adjacent police lock-ups - did they not see anything ...do anything to stop someone from hanging himself? 
Has the inquest been done yet? Should they not wait until after the inquest to make conclusions  - i.e. he hanged himself  (and it was not the police that killed him, and hanged him to give the impression that it was suicide...)

It is not easy to hang yourself in a police lock-up...and why did he kill himself? We need an independent body to investigate deaths in police custody....Police more likely to 'protect' their own....and cover up the truth...That is why we need the IPCMC

Thank you Gwo-Burne Loh for sharing with the public the questions raised and the answers received - many MPs just do not take the trouble to share this...

JAWAPAN LISAN DEWAN RAKYAT YB GWO-BURNE LOH PADA 15 APRIL 2010

SOALAN:

Tuan Gwo-Burne Loh [Kelana Jaya] minta MENTERI DALAM NEGERI menyatakan di mana Pegawai Polis yang bertugas berada ketika mangsa P.Babu dikatakan membunuh diri dengan menggunakan baju lokap yang dipakai oleh mangsa pada 1 Februari 2009.

JAWAPAN:

Tuan Yang Di-Pertua,

Saya mengucapkan terima kasih kepada Ahli Yang Berhormat Kelana Jaya yang mengemukakan soalan.

Untuk makluman Ahli-ahli Yang Berhormat dan dewan yang mulia ini, kes yang dimaksudkan oleh Ahli Yang Berhormat itu berlaku pada 1 Februari 2010 dan bukannya 1 Februari 2009. Hasil siasatan polis mendapati P.Babu telah ditemui mati di dalam lokap Balai Polis Bahau, Negeri Sembilan akibat menggantung diri menggunakan baju lokap yang dipakainya. Semasa kejadian, terdapat dua (2) orang anggota polis sedang bertugas di dalam lokap tersebut di mana seorang sedang berdiri di ruang sentri lokap dan seorang lagi sedang duduk melihat kamera litar tertutup (CCTV).

Saturday, May 22, 2010

Employers of Domestic Workers, and small business workers should pay a lower levy...

Should levy paid by employers who want to hire foreign workers be increased? Yes, it should - but more importantly, there must be a minimum wage set for the various jobs in plantations, factories and construction sites generally - and the wages must be a suitable living wage for a Malaysian worker. Then Malaysian workers may be interested in taking up these jobs. If the employer still wants to employ migrant workers, then naturally he must pay this levy. [Levy was to discourage employers in Malaysia from employing foreign labour rather than local workers]

However, when it comes to domestic workers - I believe that the levy must be reduced.

When it comes to coffee shops, restaurants and smaller businesses employing foreign workers especially in the smaller towns, the levy must be reduced.

And, if there is levy, then maybe migrant workers should also have equal access to the facilities provided in Malaysia including healthcare.  It is odd that foreign persons are charged much higher to access government healthcare facilities. It is better for the sick to seek and get medical treatment soonest - not only, is it humane but it is also for general good of the community. Sickness spread -- and it indiscriminately spread to all persons, irrespective whether the person is a citizen or a non-citizen. Hence, healthcare must be available to all free....or at a very nominal rate. Now a foreigner pays RM50 for registration to see a doctor, whilst the Malaysian pays RM1 - and the foreigner has to pay for every other thing as well, and no treatment/surgery, etc until money is paid. [If the domestic worker, as an example is paid RM500 - this is 10% of the monthly wage...just to see the doctor, and this is certainly wrong.]

PETALING JAYA: Various organisations are against the Government's move to increase the levy on foreign workers, arguing that the extra costs will only be passed on to consumers.

Real Estate and Housing Developers Association president Datuk Ng Seing Liong said it was not the right time to increase the levy as developers were in the midst of adopting the Industrial Building System (IBS).

“It's definitely going to be a huge increase in costs for property buyers. It is counter-productive. We are implementing the IBS to eventually reduce dependence on foreign labour, which shows that we are working with the Government,” he said.

The IBS is a system in which construction materials and parts are pre-fabricated in factories and not on-site by labourers, which was the usual practice.

Deputy Prime Minister Tan Sri Muhyiddin Yassin, who chairs the Cabinet Committee on Foreign and Illegal Workers, had announced on Thursday that the levy for foreign workers would be increased next year.

Amnesty would also be granted to illegal foreign workers to return to their own countries without facing action.

Malaysian Foreign Maids Agencies Association president Alwi Bavutty said the levy for the industry should not be raised from the present RM360 yearly.

“Employers now have to pay RM550 or more for monthly salaries and this will add to their burden,” he said, adding that many Malaysians had no choice but to hire maids.

Malaysian Indian Contractors Association president R. Muthiah said the move would increase the cost of bringing in foreign workers through Construction Labour Exchange Centre Bhd, a government-appointed agency.

However, he said the association accepted that any levy increase would need to be tolerated by the industry.
In Johor Baru, Malaysian Indian Business Association president K. Sivakumar said the Government should not make such decisions without a contingency plan.

“If such decisions are rushed, the country's economy will be affected because many industries depend on foreign workers,” he said, describing any such move as “untimely”.

“Most locals are not up to doing hard labour or do not possess the skills to perform the jobs that foreign workers do,” he said, adding that there should be more night schools to train local workers in various skills.- Star, 22/5/2010, Concern over higher levy on foreign workers