ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
Not the police, it is the CORONER that determines whether anyone is criminally liable for and a death in custody. That is the role and duty of the Coroner. The police disrespects the law when they come out with premature announcements like no criminal elements in the 6 deaths, only present in the one death.
Police can express their views, but should also clearly inform the public that the Coroner is yet to determine the cause of death, including whether there was anyone criminally liable for the death.
Died because of COVID-19 - the police can be criminally liable if the suspect contracted Covid in police custody. The police could also be liable if the suspect was not speedily sent for medical treatment, and this delay may make one criminally liable.
The HOME MINISTER on 16/12/2021 talked about medical examination of the suspect as soon as he was arrested - The Custodial Medical Unit(CMU). This should have been SOP long time ago - and the government delay must be criticized. There is an urgency that this medical examination of all suspects arrested is CRITICAL.
Di samping itu, Kementerian sedang dalam proses menambahbaik pengurusan lokap PDRM melalui pewujudan Custodial Medical Unit (CMU) di lima (5) Lokap Berpusat PDRM dengan Lokap Berpusat Bayan Baru, Pulau Pinang dijadikan sebagai projek rintis. Kementerian turut merancang untuk melaksanakan pemeriksaan kesihatan ke atas tahanan melalui pelantikan panel klinik swasta. Dengan kaedah ini, pemeriksaan tahap kesihatan tahanan dapat dibuat dengan segera sebelum tahanan.
Now, if the doctor says that a suspect is healthy, and he/she dies later for some medical reason that the doctor failed to notice - then the doctor may be criminally liable. I do not understand why the Home Minister is talking about a panel of private clinics - it is best that this medical examination be conducted in government hospitals, who also do have the needed equipment like X-Ray machines, MRI, etc to do a thorough check up. The Health Ministry also will have the medical records of patients in their system.
A private clinic panel - would there be abuses? corruptions? - As it is in our criminal trials, courts tend to favour that medical testimonies be given by government doctors...
Seven custodial deaths have been investigated so far by the police’s criminal investigation unit on deaths in custody which was set up last month. (Reuters pic)
KUALA LUMPUR: Investigations into the seven custodial deaths which have occurred so far this year show that only one case involved criminal elements, Bukit Aman said today.
Integrity and standards compliance department (JIPS) director Azri Ahmad said of the seven cases reported, four were deaths in lock-ups.
In the other two cases, the suspect died at the hospital while a third died on the way to hospital, he said.
He gave the assurance that all cases of custodial deaths will be investigated by the criminal investigation unit on deaths in custody set up under JIPS last month.
Investigations will be conducted transparently without any compromise, he told a special media conference in Bukit Aman today.
Azri said the police had proposed that an integrated clinic be set up at police lock-ups to monitor the health of those in police custody.
Under the current police SOPs, persons in police custody with health problems will be referred to the nearest hospital - FMT.
.Police confirm detainee’s death in custody in JB
Sunday, 20 Feb 2022 11:42 PM MYT
Police have confirmed that a local detainee suffered from sudden death at the Seri Alam district police headquarters lock-up in Johor Baru yesterday. — Picture by Ahmad Zamzahuri
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KUALA LUMPUR, Feb 20 — Police have confirmed that a local detainee suffered from sudden death at the Seri Alam district police headquarters (IPD) lock-up in Johor Baru yesterday.
Bukit Aman Integrity and Standards Compliance Department (JIPS) director Datuk Azri Ahmad said the male detainee, aged 49, had previously been detained under ‘Operasi Pemutihan’.
“The detainee was being investigated under Section 39 (A) (1) of the Dangerous Drugs Act (ADB) 1952 and was waiting for the mention of his case on April 10,” Azri said in a statement tonight.
He said the detainee complained of shortness of breath on February 16 and was sent to the Sultan Ismail Hospital before being found unconscious at 7am on February 19.
“The coroner, who was present, confirmed the detainee’s death. The body was sent to the same hospital for an autopsy.
“The detainee had also tested positive for Covid-19, however, the cause of death has not been ascertained, and will depend on the analysis of reports and pathology laboratory tests,” he said.
Azri added that the JIPS Criminal Investigation Unit on Deaths in Custody would conduct an investigation into the case. — Bernama
Death in Custody - the law is clear that the Coroner must be informed by the police and other law enforcement when there is a DEATH. Even deaths classified as 'sudden deaths' must now be brought to the attention of the Coroner. The Coroner is the person to determine the cause of death.
The Home Minister's suggestion that the deaths must be brought to the notice of the Attorney General's Chambers(AGC) first, who then decide whether the Coroner be informed or an Inquest be carried out raises concerns. Are they doing 'damage control' - and is it an attempt to avoid liability of government? Most likely not - because I believe Malaysian prosecutors and even Federal Counsel will not 'cover up' and will uphold the cause of justice without fear or favour. We must thus avoid anything that may risk the change of public perception of the system.
Noting that there have been cases now, where the courts have made the decisions ordering the government of Malaysia to pay damages/compensation to the families of those who died in police custody. In some of these cases, no police officer and/or others have been criminally prosecuted in courts.
Now, when it comes to deaths, the Coroner and Inquest, the AGC has nothing to do with it, it is only the Public Prosecutor. Note Attorney General and their Federal Counsels are basically 'government lawyers', and they are concerned with protecting the government from civil suits. So, sending death reports to the AGC to decide which case requires an inquest, and which does not is most dangerous.
If the Coroner, for any deaths decide that an INQUEST is not needed, then he has to send the report to the Public Prosecutor - who will then review the decision of the Coroner, and have a right to overrule the Coroner's decision and ask the Coroner to conduct an INQUEST.
333 Duty of Magistrate on receipt of report
(1) If the
Magistrate shall be satisfied as to the cause of death without holding
an inquiry under this Chapter, he shall report to the Public Prosecutor
the cause of death as ascertained to his satisfaction with his reasons
for being so satisfied and shall at the same time transmit to the Public
Prosecutor all reports and documents in his possession connected with
the matter.
(2) In all other cases the Magistrate shall proceed as soon as may be to hold an inquiry under this Chapter.
After any inquest, the decision also need to be send to the Public Prosecutor, who also have the right to send it back to the Coroner asking for further inquiries into the death(Inquest).
339 Power of Public Prosecutor to require inquiry to be held
(1) The
Public Prosecutor may at any time direct a Magistrate to hold an inquiry
under this Chapter into the cause of, and the circumstances connected
with, any death such as is referred to in sections 329 and 334, and the
Magistrate to whom such direction is given shall then proceed to hold an
inquiry and shall record his finding as to the cause of death and also
as to any of the circumstances connected with it with regard to which
the Public Prosecutor may have directed him to make inquiry.
(2)
When the proceedings at any inquiry under this Chapter have been closed
and it appears to the Public Prosecutor that further investigation is
necessary, the Public Prosecutor may direct the Magistrate to reopen the
inquiry and to make further investigation, and thereupon the Magistrate
shall have full power to reopen the inquiry and make further
investigation and thereafter to proceed in the same manner as if the
proceedings at the inquiry had not been closed:
Provided that this
subsection shall not apply to any inquiry at which a finding of murder
or culpable homicide not amounting to murder has been returned against
any person.
(3) When giving any direction under this section the
Public Prosecutor may also direct whether the body shall or shall not be
exhumed.
(4) All directions given under this section shall be
complied with by the Magistrate to whom they are addressed without
unnecessary delay.
So, it is clear that the Public Prosecutor's duty in law, is to act to ensure NO errors in the Coroner's decision - wonder how many decisions of Coroner not to hold inquests have been 'overuled' by the Public Prosecutor...how many cases of inquest decisions of the Coroner, have the Public Prosecutor asked for further inquiries...
All deaths, reasonably, must be reported FIRST to the CORONER. Only after the Coroner decides, does the Public Prosecutor come in.... so the Minister and others are WRONG to suggest that the deaths need to be reported to the AGC first...
Now, it is KEY that the Coroner is informed of the death immediately - this allows a speedy view of the site, the body, etc - very important for the decision to be made during the inquests, or any other decisions made by the Coroner. TIME is of essence for the determination of the TRUTH.
Remember, it is the CORONER(A Sessions Court Judge) that determines how the death happened, and whether anyone can be criminally liable for the death. Negligence for not providing required medication in time, or failure to provide timely healthcare also can make someone, etc criminally liable.
Besides the INQUEST, the police also has the duty to investigate the crime, identify the suspect, and charge him/her in court > and after police investigation, they inform the Public Prosecutor - here the concern is getting sufficient evidence to charge someone for the crime...Minister may be confused with this other ordinary criminal investigations..
Catching the Perpetrators and INQUEST is a different and separate procedure, for the INDEPENDENT Coroner to make a determination as to the cause of the death, and look into whether anyone may be criminally liable. This is most important for no one want a death criminally brought about by another to go unnoticed, do we? Police officers can also make mistakes - so, the Coroner ensures what is the truth.
Note, sometimes, even the Coroner after an inquest cannot make a DECISION - that happens too.
That's why IMMEDIATE notification of the Death to the Coroner is important - Coroner visit to the site and examination of body, even identification of witnesses, getting evidence like CCTV soon, even knowing who the lock-up mates were and making sure that their whereabouts are known ...until the INQUEST is key. DELAY may result in tampering of evidence, disappearance of key witnesses (which can happen when witnesses are deported or leave the country)...
The law on Inquest, over and above the provisions of the Criminal Procedure Code comes in the form of Practice Directions by the Malaysian Judiciary. I will try to elaborate more the applicable procedure in a later post...
One point that is emphasized by the Judiciary is the treatment of SUDDEN DEATH REPORTS - which also have to be dealt with by the Coroner. Coroner is REMINDED to evaluate this, and even change it from 'sudden death'(natural death arising by no criminal fault of another) to make a different kind of DEATH... Trusting the police assessment is a NO...It is for the Coroner to determine how he died, and whether anyone is criminally responsible for the death.
It is not just physical assault that makes you criminally liable. Not making sure he gets his meds, and he died.. U are criminally liable. NOT sending to doctor in time -criminally liable. He slipped and died... U may be criminally liable. Man arrested, gets infected with covid and dies - u are criminally liable. Being able to prevent death and choosing to do the needful - u are criminally liable.
Death in custody cases go to AGC first, Wan Junaidi says
Desmond Davidson
Updated 4 days ago ·
Published on 11 Feb 2022 7:56PM
Minister in the Prime
Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar
says when the coroner’s court system was established several years ago,
the support infrastructure was not beefed up to cope with the paperwork,
resulting in a backlog. – The Malaysian Insight file pic, February 11,
2022.
ALL
deaths in custody must be referred to the Attorney-General’s Chambers
(AGC) first, Minister in the Prime Minister’s Department (Parliament and
Law) Wan Junaidi Tuanku Jaafar said.
Responding to Citizens Against Enforced Disappearances group (CAGED)
question why the police are referring deaths in police custody to the
AGC and not the Coroner’s Court for directions, the minister said: “the
AGC is the ultimate legality of things in Malaysia”.
“It’s the AGC that will decide whether an inquest is necessary. It
will normally direct the inquest to be conducted by the Coroner’s
Court.”
Yesterday, CAGED queried the procedure.
“Are the police unaware that coroners are bound by law and the Chief Justice’s directives to conduct inquests?”
The group added that the AGC could have “over the years been contravening section 334 of the Criminal Procedure Code”.
However, Wan Junaidi said the “code must be read as a whole, not in isolation”.
The Santubong MP also said it took long for police to prepare their
file reports on deaths in custody, because post-mortem and medical
reports referred to the Chemistry Department were often held up in the
system.
Wan Junaidi, who was the deputy home minister from May 2013 to July
2015, and had chaired the committee tasked with looking into forming the
coroner’s court, said when the then law minister made the decision to
form the court, she did not take into account revamping the “supporting
infrastructure”.
“The Chemistry Department was not revamped.”
He said the extra manpower needed to speed up the investigations was never assigned.
That, he said, was why the post-mortem and medical reports on deaths
in custody from the Chemistry Department takes three to four months to
complete.
“The department is bogged down with paperwork.”
He said the additional workload without the additional manpower, it was no wonder why the death reports are slow.
Police have confirmed that a local
detainee suffered from sudden death at the Seri Alam district police
headquarters lock-up in Johor Baru yesterday. — Picture by Ahmad
Zamzahuri
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KUALA LUMPUR, Feb 20 — Police have confirmed that a local detainee
suffered from sudden death at the Seri Alam district police headquarters
(IPD) lock-up in Johor Baru yesterday.
Bukit Aman Integrity and Standards Compliance Department (JIPS)
director Datuk Azri Ahmad said the male detainee, aged 49, had
previously been detained under ‘Operasi Pemutihan’.
“The detainee was being investigated under Section 39 (A) (1) of the
Dangerous Drugs Act (ADB) 1952 and was waiting for the mention of his
case on April 10,” Azri said in a statement tonight.
He said the detainee complained of shortness of breath on February 16
and was sent to the Sultan Ismail Hospital before being found
unconscious at 7am on February 19.
“The coroner, who was present, confirmed
the detainee’s death. The body was sent to the same hospital for an autopsy.
“The detainee had also tested positive for Covid-19, however, the
cause of death has not been ascertained, and will depend on the analysis
of reports and pathology laboratory tests,” he said.
Azri added that the JIPS Criminal Investigation Unit on Deaths in
Custody would conduct an investigation into the case. — Bernama
States and public servants SHOULD NEVER sue persons who highlight alleged flaws, failures and wrongdoings of the State, or of a public servant. State and our employees(Public Servants) must respond with explanations and clarifications to correct any misrepresentations, etc >>> never take action against highlighter of wrongs or wrongdoings...
Media Statement - 14/2/2022
State and
public officers’ use of SLAPP and other harassment against Women Human Rights
Defenders in Malaysia Condemned
Shariffa
Sabrina and Lalitha Kunaratnam, Women HRDs, must be recognized and protected
We, the undersigned 21
groups, organizations and trade unions are appalled by the harassment of
environmental women human rights defender by the Pahang State government. The
Pahang government has been reported issuing a letter of demand, seeking an
apology and RM1 million in damages from activist Shariffa Sabrina Syed Akil for
allegedly making slanderous statements on logging activities in the state. (Malaysian
Insight, Malaysiakini, FMT 10/2/2022)
Shariffa Sabrina, the
president of the environmental group, Pertubuhan Pelindung Khazanah Alam Malaysia[Malaysian
Natural Resources Protection Organization](PEKA), who spoke about logging
activities, environment impact assessment(ISA) and the protection of the forest
received a legal notice that claimed that her statements had subjected the
state government to public criticism and damaged its reputation. Shariffa
Sabrina was asked to issue an unconditional apology to the state government
through all sharing platforms, including Facebook and Instagram. It also said
should she fail to heed the notice within 14 days of receiving the letter, the
state government would file a claim with the courts without referring to her as
well as seek other damages.
Governments, including State
governments and their Ministries, agencies and officers, more so in a
democratic state should never threaten or commence legal suits against people
who raise or highlight objections and/or concerns about issues of human rights,
justice and/or the environment. If the stated statements/views are incorrect,
then a democratic State must simply do the needful to clarify the
misunderstanding by the presentation of material facts, that sometimes may only
be easily accessible to State
SLAPPs (Strategic Lawsuits Against
Public Participation)
SLAPPs (Strategic Lawsuits
Against Public Participation) are usually used by corporations and other
alleged human rights violators to silence and harass critics by forcing them to
spend money to defend unnecessary legal suits.Many a time, SLAPPS are intended to intimidate those who disagree with
them or their activities by draining the target’s financial resources.
SLAPPs are effective because even
a meritless lawsuit can take years and many thousands of dollars to
defend.To end or prevent being
victimized by prolonged SLAPP actions, many a HR Defender and even media are frequently
forced to ‘apologize’ or ‘settle’ despite doing no wrong.
Hence, the recent threat of a
democratic State government, and the earlier action of a public officer to use SLAPPs
against Human Rights Defenders in Malaysia is most disheartening and must end.
Lalitha Kunaratnam, a journalist and HR Defender
On 12/1/2022, Lalitha Kunaratnam,
a journalist and HR Defender, was sued in the High Court by one Azam Baki, the
current chief of the Malaysian Anti-Corruption Commission (MACC) who is seeking
10 million ringgits (2.1 million euros) in damages for a two-part investigative
story, entitled ‘Business Ties Among MACC Leadership: How Deep Does It Go?
(Part 1 & 2), authored by Lalitha and published in October by the Independent
News Service, in which she allegedly exposed possible conflicts of interest and
wrongdoings of anti-corruption officers within the Malaysian Anti-Corruption
Commission(MACC).
Recently, on 3/2/2022, Lalitha
Kunaratnam was called to Bukit Aman, the Royal Malaysia Police headquarters,
for questioning as the police investigate a violation of the draconian Section
233 of the Communication and Multimedia Act 1998 and Section 505 of the Penal
Code. The police report that led to the commencement of the police investigation
was allegedly lodged by a MACC's senior assistant commissioner on Jan 7, and this
raises the question whether this is part of the retaliation carried out on
instruction of the MACC and/or its chief.
Both Shariffa Sabrina and Lalitha
Kunaratnam are Human Rights Defenders, as now also recognized by the 1998
United Nations General Assembly Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms( also commonly known as
the ‘Declaration on human rights defenders’).
Malaysia is also bound to protect
human rights defenders, as ‘The State shall take all necessary measures to
ensure the protection by the competent authorities of everyone, individually
and in association with others, against anyviolence, threats,
retaliation, de facto or dejure adverse discrimination, pressure or any other
arbitrary action as a consequence of his or her legitimate exercise of the
rights referred to in the present Declaration.(Article 12(2))
What the Pahang State Government
is doing is certainly a retaliation against the Human Rights Defender Shariffa
Sabrina, and being a State in Malaysia, it is in violation of its duties to,
amongst others, to protect Human Rights Defenders.
Lalitha Kunaratnam can also be
said is suffering retaliation from the State, that is through a Federal
government’s public officer, together with other public officers, and maybe even
the Malaysian Anti-Corruption Commission (MACC). As such, the Malaysian
government ought to speedily act to end this harassment of a human rights
defender, who is also a ‘whistle blower’ who has highlighted important issues
noting that the ‘problems’ of the MACC is still an active issue today.
Hence, we call
-For Malaysia to do the needful to immediately
end the harassment against women human rights Defenders Shariffa Sabrina and Lalitha
Kunaratnam, one by a State government, and the other by a public officer and
the Malaysian Anti-Corruption Commission (MACC);
-For Malaysia to abolish the usage of SLAPPs
(Strategic Lawsuits Against Public Participation) against Human Rights
Defenders, which also must include the Media;
-For Malaysia to respect and protect all HR
Defenders, and also the freedom of public participation, freedom of
expression/opinion and also the freedom of peaceful assembly; and
-Call on the government to enact needed laws that
will prevent State and/or its public officers from retaliating ever again against
human rights defenders and/or whistle blowers.
Charles
Hector
For
and on behalf of the following 21 groups
ALIRAN
All Women's Action Society (AWAM)
MADPET(Malaysians Against Death Penalty and Torture)
Black Women for Wages For Housework
Centre for Orang Asli Concerns (COAC)
Citizens Against Enforced Disappearances, CAGED
Consumers' Association of Penang (CAP)
Haiti Action Committee
KRYSS Network
Network of Action for Migrants in Malaysia(NAMM)
North South Initiative
Payday Men’s Network (UK/US)
Sahabat Alam Malaysia/Friends of Earth Malaysia(SAM)
Sarawak Dayak Iban Association(SADIA)
Saya Anak Bangsa Malaysia (SABM)
Teoh Beng Hock Trust for Democracy
The William Gomes Podcast, United Kingdom
Womens Criminal Justice Network
WH4C (Workers Hub For Change)
Women of Color/Global Women’s Strike
Workers Assistance Center, Inc., Philippines
Additional groups:-
Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur
SUARAM
Greenpeace Malaysia
Japan Innocence and Death Penalty Information Center
Association Of Home And Maquila Workers (ATRAHDOM),
Guatemala
Union of Domestic, Maquila, Nexas and Related Workers
(SITRADOM), Guatemala
Pergerakan Tenaga Akademik Malaysia (GERAK)
###
MACC's Azam Baki questions Lalitha's ability as an investigative reporter
KUALA
LUMPUR (Feb 15): MACC chief commissioner Tan Sri Azam Baki has called
whistleblower K Lalitha's employment history and her ability as an
investigative reporter into question.
Azam raised these issues in his reply to her statement of defence
filed Tuesday (Feb 15) over a report written by her over his 2015
purchase of shares that was carried by the outlet Independent News Service (INS).
He said Lalitha claimed that she worked with Center to Combat
Corruption and Cronyism (C4 Center) in her statement of defence filed on
Feb 3 this year but the center had made statements to the contrary on
Jan 14 this year.
This he said was an attempt to mislead the court.
C4 Center had earlier released a statement to clarify that Lalitha
had ceased to be an employee of the center since December 2020 and that
she is an independent journalist and consultant.
They added that they were not linked to her work with INS.
In his reply filed on Tuesday at the Kuala Lumpur High Court, Azam
pointed to this as among the reasons to question Lalitha's ability as an
"investigative reporter".
He is suing Lalitha over two articles titled "Business Ties Among MACC Leadership: How Deep Does It Go? (Part 1)" and "Business Ties Among MACC Leadership: How Deep Does It Go? (Part Two)" that were published on INS on Oct 26 and republished on Dec 15 last year.
In her statement of defence (filed on Feb 3), she claimed that her sources for the reports were reliable and credible.
Azam claimed that the reports were "sensational, scandalous and
offensive and were written and republished with malicious intent to give
a bad perception to the readers that the plaintiff was a corrupt civil
servant or one who has abused his position as a senior MACC official for
his or his sibling’s interests".
He claimed that the reports have tarnished his reputation and is
asking that they cease to be republished, for the articles to be deleted
and an apology to be published in the media.
He is also seeking RM10 million in general damages, aggravated
damages, interest, costs and other reliefs deemed fit by the court.
In a press conference on Jan 5 addressing the allegations, Azam said
his share trading account had been used by his younger brother to
purchase shares in 2015.
The following day, the Securities Commission Malaysia (SC) said it
would conduct an inquiry into the matter and subsequently appeared to
clear him of any offence on Jan 18.
The SC said it could not conclusively establish if he had breached
Section 25(4) of the Securities Industry (Central Depositories) Act 1991
(SICDA), which provides that a trading account must be opened in the
name of the beneficial owner or authorised nominee.
The Election Commission has set March 12 as polling day with early voting on March 8. Nomination day is set for February 26.
Election Commission does it again - a short campaign period of about 14 days. Only after nomination day, can the ballot papers be prepared and posted out, and time is required for the voter to receive and post back. During GE14, there were complaints of late arrival of ballot papers - and, now with Covid-19, the efficiency of postal services is slower. Going to the embassy or Consulate to vote, also have to appreciate the added restrictions due to Covid. For certain, the quarantined will not be able to move around and vote.
Many Johoreans are MIGRANTS in Malaysia - they are in different States within Malaysia, be it for studies, work, family or other reasons. So, did the EC not make arrangement to place ballot boxes in every major towns(or towns) to enable easier voting for these Johor voters - an easy exercise really. Maybe, the voters could vote a day ahead >> to enable sufficient time to tabulate the results. There are 56 seats being contested. This would have protected Malaysians - prevented travel and certainly safer. But, nope the EC despite what happened during Sabah elections has not done this. Postal votes for those who prefer not to return to their constituency to vote. [There is also the problem with workers on shift, how will they be able to vote if they are working during voting hours...will employers allow them to leave to vote]to
Good thing this time is no one seems to be sending the list of candidates to Malaysian Anti Corruption Commission(MACC) to vet and say 'clean from corruption'. That process lost credibility after so many that MACC declared 'clean' are now being investigated and part of the Court cluster. If parties name their potential candidates early, and allow the public to scrutinize these candidates - it would have been so much better, for the public will know the 'hidden' wrongs...
In my opinion, the campaign period for any elections should be 30 days or more - too short a time does not give the voters time to know the different candidates before being forced to vote....more so in Malaysia, when many parties simply do not 'campaign' all the time, and just wait for elections. Incumbent candidates from ruling parties enjoy a great advantage...Prominent Opposition parties are OK - but not newer parties or the independent candidate?
MUDA's mistakes may impact the party badly?
MUDA(Malaysian United Democratic Alliance), a new party that is still 'VERY VAGUE' as we are unclear about its stance on the various issues affecting Malaysians - and MUDA has not been publicly voicing its stance on even current events.What does its constitution say. MUDA website - well, the one found doing internet search is https://muda.my/ - and that does not say much about MUDA, and the public statements issued just 3 - 2 in August, and 1 in September [Is it even MUDA's official website, as it's priority seems to be raising funds]
MUDA may be hoping for young peoples' support - but BEWARE the young in Malaysia are not simply going to support a party called MUDA or YOUTH in Malaysia - the young in Malaysia are much more critical than that. A large membership would not BOOST MUDA's chances of victory - What exactly are the principles/policies they stand for. [Beware for a desperate speedy effort to increase membership means also the higher RISK of people not sharing the values/principles/stance taking it over come next party elections {this happened in PKR, did it not?) - it is always safer to vet members, but then what is MUDA's stance on Death Penalty, Detention Without Trial, Local Government and democratic elections, Democratic elections of kampung, etc leadership, Worker Issues - Employment Security, Short term contract employment, Pension/EPF, etc, Death in Police Custody, Logging and the Environment] - their true stance is revealed on the actions of the past, including media statements, etc...
In the Johor State Elections, MUDA's first MISTAKE is its apparent support of PH - the seat negotiations, waiting for the 'big brother' parties to give them seats to contest in. SADLY, this can lead to the 'misunderstanding' that MUDA is just another 'PH-like' party, with no differences at all. DANGEROUS stance to take because then, people will ask, why vote MUDA at all when we can vote DAP, Amanah and PKR (who have a longer record...) and we really do not even know MUDA well...save maybe its President, who can be seen as also being in that infamous 'court cluster'...
Now, this move of MUDA to get seats from PH is 'killing' them as the seats are not yet determined until this day noting that Johor State Assembly was dissolved on 22/1/2022. Will the PH parties give MUDA seats that they are confident with - probably not. PH Plus is still suffering from 'party hoping' not just of elected reps, but also parties and key leaders, where Syed Saddiq, unfortunately, is one of them...
The recent appointment of MUDA of a former PKR and Parti Pribumi Bersatu Malaysia (Bersatu) leader in its party as a central executive committee member. Ainie was former PKR Srikandi chief and a Bersatu Srikandi exco member. MUDA would have been wise in delaying her membership, and even if not, admitting her as member only with the position that she will not be placed as a MUDA candidate for the Johor and even GE 15 elections - maybe only after 3 years have been passed, will she be placed as an election candidate of MUDA - but they did not, but they did not and questions linger as to whether her joining was conditional???
Now, this move certainly will affect MUDA's credibility with the Malaysian voters, more since it is a NEW party > and the people who decided were MUDA's appointed leaders, not an elected leadership. SOLUTION: MUDA comes out with a position now that all 'party hopper' members of MUDA will not be able to contest in the Johor Elections, and the upcoming GE or for 3 years since they joined - will MUDA do that, or will they ignore this advice? After all, there must be so many others, with no such history, who can be candidates for elections. Maybe, even Syed Saddiq should not contest and just be a Party President.
This also would put a 'strain' on PH agreeing to 'give' MUDA seats - would it not? Would any PH parties be happy to see their former PH party member contesting in a seat they elected not to contest, and gave to MUDA?
MUDA's negotiations with PH only is of concern, as we know, that this Johor Elections may see 4 or 5 corner fights. Who is out there? Well, we have BN(UMNO,MCA,MIC,...), PN(BERSATU,PAS,...), Pejuang, Parti Kuasa Rakyat, Parti Bangsa Malaysia, Warisan, Parti Kuasa Rakyat, Parti Rakyat Malaysia(PRM), Parti Socialis Malaysia and others - but MUDA has been negotiating only with PH????
PH - well, come the Johor elections, PKR seems to be 'abandoning' the rest of the PH parties - not wanting to use PH logo, and now announcement of PKR candidates - not PH candidates. PKR, at the end of the day may claim a large membership - but then, it has not contested alone. In GE14, and even earlier elections, PKR's victory may simply be due to the fact that people support DAP, Amanah ...and even Mahathir(or then BERSATU). PKR also is the remaining PH party that saw the largest numbers of elected reps quitting the party (a bad sign, as PKR leadership decides on State/Federal candidates - a disturbing 'dictatorship' of Anwar and the elected leaders) = would they fare better alone, one wonders???.
Remember a lot of membership have little loyalty to party or persons in party >> they tend to jump in support of victors of State and Federal elections...UMNO suffers a similar phenomena...once you have no power, and maybe 'monies' - members leave.
Biggest problem amongst many political parties in Malaysia is that they are 'ethnic-based' or 'religious based' - and they lobby support also along ethno-religious lines - there is much uncertainty about their stance on issues - workers/employment/trade union, healthcare for all(government will provide or privatization?), education, housing, >>> rights to food, shelter and clothing and even healthcare is not a guaranteed right even in our Federal Constitution. DAP, PSM, PRM, Warisan and maybe MUDA is different as they are not 'ethnic-based' or 'religious based' - but what are they FIGHTING FOR?
MUDA - what exactly is its basic stance of fundamental issue - or are they simply hoping to be in government...Full Stop > as Sports Minister, Syed Saddiq has little to show > no attempts even to ensure government sport facilities like swimming pools, squash courts, football fields, etc in EVERY major town. What difference did he bring when he was Minister with power?
When Johor State Assembly dissolved, MUDA should have taken off fast - disclosing their stance/policies/position on various issues, setting up their websites and on-line sites, having talks and discussions online live, introducing their various different leaders and potential candidates > they should have had their candidates go to ground, and try to get at least the support of 500 to 1000 each to show that they do have the support of the people before they announce their intention to contest in this or that seat. The missed the opportunity - and still waiting for the seats that PH parties allow them to contest.
MUDA tries to associate with younger voters - but they seems to behave like a 'child' - listening to the adults of other parties, waiting for 'permission' on which seat they can contest in... SAD...SAD...Pejuang, on the other hand, just announced that they will contest 42 seats... MUDA is yet to announce the seats they will contest and their candidates - Are you expecting to try and convince the people in the constituencies within the 2 weeks campaign period?
MUDA should not get distracted with minor issues like a daughter of a rich businessman joining MUDA. Just look around at the politicians in many parties - are they or their family members not super-rich, or even 'corrupt'? A son or daughter is their own person - what their father or mother matters not.
Expecting MEDIA coverage to help a candidate/party is 'old' - today, through social media itself, you can reach out to many. People want to know the candidates, and what they think - emulate Kit Siang, who posts several articles/statement a day, and same too with Dr Mahathir..introducing oneself needs one to continuously communicate with the public, and also act when need be...
Now, the JOHOR State Elections really may not really have much a bearing on the outcome of the next General Elections for MPs. If State falls to one party, come Parliamentary elections, people may vote the other side - a 'check and balance' of sorts. Guess why BN choose to have State and Federal elections at one go. When it comes to Local Government elections, was the reason for abolishing it because the people 'balanced things up' and voted in not the same parties that controlled State and/or Federal? Think about it..
Anwar’s PKR names candidates for Johor poll as talks continue with Muda on seat allocation
On Feb 14, Mr Anwar Ibrahim named the PKR candidates for five seats: the Larkin and Kempas state seats.
PHOTO: REUTERS
KUALA LUMPUR - Opposition Leader Anwar Ibrahim’s Parti Keadilan Rakyat (PKR) did not name all of its candidates for the Johor state election as
scheduled on Monday (Feb 14), as negotiations with fellow opposition
party, the Malaysian United Democratic Alliance (Muda), over seat
allocations dragged on beyond a self-imposed deadline.
Datuk Seri Anwar, on a three-stop tour of Johor, only named 13 PKR
candidates instead of the 20 he was supposed to, leaving seven seats
still up in the air.
Muda president Syed Saddiq Abdul Rahman, a former Cabinet minister,
said that the door for negotiations has not closed, despite his party
apparently not being allocated all of the seats it had targeted from
PKR’s 20 among Pakatan Harapan (PH) coalition parties. ... - Straits Times, 15/2/2022
Pejuang to go solo in Johor polls, will put its 42 candidates through psychometric tests first
Parti Pejuang Tanah Air president Datuk Seri Mukhriz Mahathir. – Bernama
ISKANDAR PUTERI: Parti Pejuang Tanah Air will be
contesting in 42 of the 56 seats in the Johor election on March 12, says
party president Datuk Seri Mukhriz Mahathir.
“We will be moving
solo under the Pejuang banner and we are hoping to contest around 42
seats,” he told reporters during a press conference after launching the
Pejuang election machinery at Taman Universiti in Petaling Jaya on
Thursday (Feb 10).
Mukhriz
also said Pejuang’s election machinery was ready for the Johor polls and
all its 42 candidates would go through a psychometric test on
corruption organised by NGO Rasuah Busters.
“This is our commitment to ensure that whoever we put forward, the candidate must be clean, efficient and have integrity.
“It is time for Johor and Malaysia to have a clean government
because most of the issues today are caused by corruption and I am
confident that Johoreans are aware of this issue.”
Mukhriz also said Pejuang would not have any “poster boy” to represent the party in the upcoming state election.
“The
real ‘poster boys’ are Johoreans themselves and they deserve the best
for the state. We will place capable leaders who will work for the
people,” he added.
Pejuang first announced that it would contest 42 seats in the Johor state election on Jan 22.
Among
other Opposition parties expected to join the Johor state election are
Malaysian United Democratic Alliance (Muda) and Parti Warisan Sabah
(Warisan).
In a joint statement by DAP and Amanah on Feb 9, it
said that the consensus achieved with Muda was that Muda would contest
in Tenang, Bukit Kepong, Parit Raja, Machap, Puteri Wangsa and Bukit
Permai.
Later that night, PKR issued another statement, saying
that they offered three seats to Muda and they were awaiting the party’s
response.
Warisan is expected to announce their decision some time next week after a visit by party president Datuk Seri Shafie Apdal.
Nomination day for the Johor state election has been set for Feb 24 and polling is on March 12. - Star, 11/2/2022
News Divided views over tycoon's daughter's involvement in Muda Published: Feb 10, 2022 6:05 AM ⋅ Updated: 3:03 PM
Dian
Lee, the daughter of property tycoon Lee Kim Yew, has been a recent
high-profile addition to Muda, the newly-formed youth-based political
party that seeks to be significantly different from the old guards.
This
involvement of a member of a well-connected tycoon family has sparked a
debate on social media, where Muda has a strong following, on whether
it is a boon or bane for a party seeking to break from the past.
Others, however, argued that Lee (above) should be judged by her deeds rather than the family she is born into.
The debate was enough to prompt a response from Muda secretary-general Amira Aisya Abd Aziz, who defended Lee.
"With all due respect, I often praise those who are capable in Muda, regardless of their backgrounds.
"Dian,
Dr Thanussha, Afiqah Zulkifli, Beatrice Chin, Cikgu Ayu and so many
more capable women are in Muda. I’m proud to stand alongside them,"
Amira said.
This was after a netizen accused Muda of only highlighting Lee due to her family background.
Muda secretary-general Amira Aisya Abd Aziz
Lee has been speculated as a potential Muda candidate in the Johor state election.- Malaysiakini, 10/2/2022
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