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...
PM Anwar Ibrahim and the Malaysian government FAILED to even expel the companies that sold/supplied arms to Israel, that may have been or are still being used against the Palestinian people in GAZA, etc. from the exhibition, which PM Anwar officiate.
Did not the Malaysian government know that such companies were part of the exhibitors???
Malaysia can and maybe should also impose Sanctions against companies, and even countries, that provide Israel with arms, or assist Israel acquire arms...
The imposition of sanctions against companies or even against key personalities in companies is a legitimate form of action to demonstrate our strong position on a particular matter.
Now, the US have imposed sanctions on Malaysia based companies regarding the Iranian drones... So, Malaysia too can impose sanctions against arm suppliers to Israel...
But many say that Anwar Ibrahim simply do not have the needed guts to act against these companies, and/or some countries.
If Mahathir was still PM, he may acted very strongly starting with the immediate expulsion of the companies that were known to have supplied Israel with arms and/or assistance...
So, what happened? Has Anwar changed his and Malaysia's position/stance on the Palestinian issue?
Should a motion of Dissapointment be tabled in Parliament regarding the PM's and government's action/inaction after the issue of the presence of arm suppliers to Israel in an exhibition in Malaysia...
Is it time for Parliament to pass a motion on the Palestinian issue? We cannot have a PM and government with a 'wishy washy' position on the Palestinian issue... We need an official position by Parliament.
Sanctions on four Malaysian-based companies still in place, says US official
The US Treasury imposed
sanctions on the four Malaysia-based companies in December for allegedly
providing components for Iran’s weapons programme.
Updated 51 minutes ago · Published on 09 May 2024 4:16PM
SANCTIONS imposed on four Malaysian-based
companies which allegedly helped Iran in the production of drones are
still in place, said an official from the United States Treasury.
"The sanctions have been impactful and will only be removed once the department notices strong behavioural changes.
"These sanctions are a powerful tool and
effective in disrupting activities meant to drive profits or provide
capital," said Brian Nelson, the department’s undersecretary for
terrorism and financial intelligence.
The US Treasury imposed sanctions on the
four Malaysia-based companies in December for allegedly providing
components for Iran’s weapons programme.
Reuters earlier reported that a top
sanctions officer from the US will be in Malaysia and Singapore as
Washington sought to combat funding for Iran and its proxy groups.
The source, speaking on condition of
anonymity, said there has been an uptick in money moving to Iran and its
proxies, including Hamas, through the Malaysian financial system.
The visit comes as the US Treasury has
increased its focus on terrorist financing through Southeast Asia,
including through fundraising efforts and illicit Iranian oil sales, the
source said.
Meanwhile, Home Minister Datuk Seri
Saifuddin Nasution Ismail said he will meet Nelson tomorrow to listen to
matters the latter wanted to raise.
“At the end of listening to their presentation, I will give an official explanation on the matters raised,” he said.
US Ambassador to Malaysia Edgard D. Kagan
had also earlier said that the visit by US Treasury Department
officials will be in the spirit of partnership to discuss common
threats. - The Vibes, May 9, 2024.
Did Malaysia's Prime Minister Anwar Ibrahim just on 6/5/2024 officiate an exhibition that had companies that supplied harms to Israel that may have been used to kill/injure Palestinian people and destroy property? Is this an example of Anwar's hypocrisy with regard the Palestinian support and cause?
The event was officiated by Prime Minister Datuk Seri Anwar Ibrahim. In
his speech, Anwar urged participants to share their knowledge, to
innovate, to exchange new technologies and ideas, and to forge
partnerships.
The day before, this issue was highlighted - but Anwar proceeded with the officiating...
A pro-Palestine movement has
hit out at the presence of major western defence contractors such as
Lockheed Martin at a three-day defence and security exhibition that
kicks off tomorrow.The group, Sekretariat Solidariti Palestin
(SSP), named other companies such as MBDA (BAE Systems), Aim Point,
Colt, L3Harris, Leupold, Shield AI, and Leonardo as providing arms to
Israel which it said is engaging “in genocide and brutal killings
against the Palestinian people”.“How can Malaysia, as a nation that boldly
stands in solidarity with Palestine, allow these companies to enter our
borders and proudly display their weaponry, that they supply to aid a
genocide that is still ongoing?” it said in a statement.
Malaysia's Home Minister seem to have confirmed the allegations, and said let the organisers deal with it. Absurd - for the Minister and the government should speedily deal with this...
Home Minister Datuk Seri Saifuddin Nasution Ismail will leave
it to the Defence Services Asia (DSA) and National Security (Natsec)
Asia 2024 exhibition organisers to respond to a call to prohibit the
participation of vendors supporting Israel."Let the organisers respond to that," he told reporters briefly after
attending the opening ceremony of the 18th DSA and Natsec Asia 2024.
How different the treaction when it came to the Good Vibes Festival
During a concert at the Good Vibes Festival(21-23 # days) in Sepang on 21/7/2023.Singer
Matty Healy of the 1975 allegedly spoke out against Malaysia’s
laws/policies against the lesbian, gay, bisexual and transsexual (LGBT)
community and allegedly "kissed" his male bandmate in the middle of the
show. The Anwar Ibrahim PH-led unity government's reaction - CANCEL THE GOOD VIBES FESTIVAL (2 remaining days).- Good
Vibes Scandal? 1975's Matt Healy not arrested or charged? So, no law
broken? Cancellation of festival serious consequences?
Here, we have arm suppliers to Israel - which is worse. The government's 1st failure was to allow arm suppliers to Israel to participate in this exhibition. After being aware of the existing of such arm suppliers to Israel, the Prime Minister should have not officiated, or if he still wanted to officiate, in his speech he could insisted on the immediate removal and exclusion of such arm suppliers to Israel from this exhibition in Malaysia ...
Home Minister must act immediately and kick-out companies that supply arms to Israel...and even shut down this Exhibition ????
Former prime minister Dr
Mahathir Mohamad has urged the government to order defence contractors
that provide arms to Israel, which is currently waging war against Hamas
in Gaza, to leave the country immediately...“Allowing them (to participate) makes a
mockery of all our efforts in opposing the atrocities committed by Tel
Aviv. It’s as though we are colluding with them in spilling the blood of
Palestinians,” he said in a post on X. “The government and defence ministry must take stern action and order these companies to leave Malaysia as soon as possible.”
Worse still is that concern that Malaysia may have entered into agreement with companies that supplied arms to Israel. At the present moment, Malaysia SHOULD NOT enter into any agreement with companies that sell or supply arms to Israel..
Defence Minister Datuk Seri Khaled Nordin said the defence ministry
is set to seal memorandums of understanding (MoUs) and contracts valued
at RM6 billion during the event."We have identified contracts and MoUs worth RM6 billion that will be signed during the exhibition," he stated.
Meanwhile, Home Minister Datuk Seri Saifuddin Nasution
Ismail disclosed that his ministry would be entering into 14 agreements
worth RM2.1 billion.
TELL US THAT MALAYSIA IS NOT ENTERING INTO AGREEMENTS WITH COMPANIES THAT SUPPLY ARMS TO ISRAEL AT THIS TIME...Full Disclosure.
At this time, Malaysians are even boycotting US Brands because of the support given to Israel...Brands that supplied Israeli forces with free food goodies... And, so when Anwar Ibrahim's PH-led coalition fails to immediately kick-out these arm suppliers from the Exhibition in Malaysia, when our Ministries into agreements with such companies...
Malaysia must really consider imposing an immediate sanction against all companies that supply arms to Israel - this will also mean no NEW agreements with such companies - immediate closure of such companies offices in Malaysia, etc... Remember the arms they supply may be killing Palestinians...
The 18th
edition of DSA (DSA 2024) is taking place from 6–9 May 2024 at Malaysia
International Trade and Exhibition Centre (MITEC) in Kuala Lumpur- what will be Malaysians RESPONSE? Interesting to see...
DSA & NATSEC Asia 2024’s economic impact estimated at RM700 mln
DSA Exhibition & Conferences Sdn Bhd chairman, Tan Sri Asmat Kamaludin. - BERNAMAPIX
KUALA LUMPUR:
Defence Services Asia (DSA) 2024 and National Security (NATSEC) Asia
2024 exhibitions are expected to generate an immediate overall economic
impact of around RM700 million.
DSA
Exhibition & Conferences Sdn Bhd chairman, Tan Sri Asmat Kamaludin
said 1,324 companies from 60 countries are participating in this year’s
DSA and NATSEC Asia 2024, held from May 6-9, taking up 48,000 square
metres of exhibition space.
This
represents a 30 per cent increase compared to the previous edition,
underscoring the escalating global interest and relevance of the DSA
series.
“With 34 international pavilions and 588 foreign VIP
delegations, DSA and NATSEC Asia 2024 promise an unmatched global
networking and business opportunity,” he said in his speech at the
opening ceremony of the DSA and NATSEC Asia 2024 Exhibition here, today.
The event was officiated by Prime Minister Datuk Seri Anwar Ibrahim.
In
his speech, Anwar urged participants to share their knowledge, to
innovate, to exchange new technologies and ideas, and to forge
partnerships.
“We convene not just as representatives of our
nations, but as partners in a collective endeavour to address the
pressing defence and security-related challenges of our time.
“Your
presence here from far and wide is a testament to the joint efforts and
the shared responsibilities for securing a safer and more resilient
future,” he said.
Anwar
said the exhibition provides unique avenues for meaningful dialogues,
knowledge exchange, and the forging of partnerships that transcend
borders, enhancing collective efforts to address modern defence and
security landscapes.
“This should spur our collective resolve to
confront and overcome the complexities of modern defence and security
landscapes,” he added.
Asmat said the event provides participants
and delegates with opportunities to exchange ideas as well as fostering
partnerships through conferences, meetings and business engagements.
They
will also have the chance to witness and discuss the latest defence and
homeland security innovations, technologies, and solutions.
“We
have also introduced new elements including the DSA & NATSEC Asia
Lab for startups and small enterprises to showcase innovations, and the
Future Forces Segment emphasising modern warfare solutions.
“Meanwhile,
the uncrewed aerial vehicle (UAV), Drone, and Robotics Pavilion, in
collaboration with NAICO Malaysia, highlights capabilities in drone
tech, artificial intelligence, and robotics,” he said.
By weaving
all these elements together, he said DSA and NATSEC Asia 2024 are
poised to be the most comprehensive and impactful edition yet, serving
as pivotal platforms for forging international defence and security
partnerships, facilitating significant industry transactions, and
promoting global dialogue and technological advancements.
Additionally,
Asmat said the presence of leaders in defence and homeland security is
also expected to boost the development of domestic defence industries
via collaborations and new investments.
“As we navigate global
security complexities, I extend gratitude to all individuals and
organisations whose unwavering support has enabled us to gather the
brightest minds and innovative technologies under one roof,” he said.
Key
international defence and security industry players participating in
this year’s events include Airbus Group, BAE Systems, Beretta Defense
Technologies BDT, EDGE, Leonardo, MBDA, Sarsılmaz Silah Sanayi, SSM
(Turkish Industry Association), Tawazun, TUSAS (Turkish Aerospace
Industries), and Yugoimport. - The Sun, 6/5/2024
Pro-Palestine group protests presence of major defence firms at exhibition
Sekretariat
Solidariti Palestin says these companies had provided arms to Israel
and should be dropped immediately from the three-day event.
PETALING JAYA: A pro-Palestine movement has
hit out at the presence of major western defence contractors such as
Lockheed Martin at a three-day defence and security exhibition that
kicks off tomorrow.
The group, Sekretariat Solidariti Palestin
(SSP), named other companies such as MBDA (BAE Systems), Aim Point,
Colt, L3Harris, Leupold, Shield AI, and Leonardo as providing arms to
Israel which it said is engaging “in genocide and brutal killings
against the Palestinian people”.
“How can Malaysia, as a nation that boldly
stands in solidarity with Palestine, allow these companies to enter our
borders and proudly display their weaponry, that they supply to aid a
genocide that is still ongoing?” it said in a statement.
SSP said companies that “contributed to the
genocide” should be dropped immediately and urged universities
participating in the event to carry out a boycott if the firms are not
booted out.
Some of the companies mentioned have previously provided military equipment to Malaysia.
In February, a long-range ground-based radar
developed by Lockheed Martin was reportedly installed in East Malaysia,
while BAE and Leonardo have a long association with the Malaysian armed
forces.
The Defence Services Asia Exhibition and the Asia National Security Exhibition 2024 runs from May 6 to May 9. - FMT, 5/5/2024
Order firms supplying arms to Israel to leave immediately, says Dr M
FMT Reporters-
While
Lockheed Martin, and MBDA are regulars at defence exhibitions, the
ex-prime minister says the current situation in Palestine is
extraordinary.
PETALING JAYA: Former prime minister Dr
Mahathir Mohamad has urged the government to order defence contractors
that provide arms to Israel, which is currently waging war against Hamas
in Gaza, to leave the country immediately.
While Mahathir acknowledged that firms such as
Lockheed Martin, and MBDA (BAE Systems) were regulars at exhibitions,
the current situation in Palestine was “extraordinary”.
The two firms are taking part in the Defence Services Asia Exhibition and the Asia National Security Exhibition 2024.
“Allowing them (to participate) makes a
mockery of all our efforts in opposing the atrocities committed by Tel
Aviv. It’s as though we are colluding with them in spilling the blood of
Palestinians,” he said in a post on X.
“The government and defence ministry must take stern action and order these companies to leave Malaysia as soon as possible.”
Mahathir, who has been a vocal critic of
Israel, said the other firms that supply arms to Tel Aviv must also be
ordered to leave, adding that these companies must be made aware of the
fact that Malaysia does not tolerate the genocide against the
Palestinians.
Mahathir is the latest to oppose the presence
of these companies after pro-Palestine group Sekretariat Solidariti
Palestin (SSP) and Bersatu voiced similar objections.
Yesterday, SSP also named Aim Point, Colt,
L3Harris, Leupold, Shield AI, and Leonardo as providing arms to Israel,
saying they have “contributed to the genocide”.
Some of the companies mentioned have previously provided military equipment to Malaysia. - FMT, 6/5/2024
Minister: Let organisers respond to call to prohibit vendors supporting Israel
KUALA
LUMPUR: Home Minister Datuk Seri Saifuddin Nasution Ismail will leave
it to the Defence Services Asia (DSA) and National Security (Natsec)
Asia 2024 exhibition organisers to respond to a call to prohibit the
participation of vendors supporting Israel.
"Let the organisers respond to that," he told reporters briefly after
attending the opening ceremony of the 18th DSA and Natsec Asia 2024.
He was commenting on a call by a Bersatu leader for the Malaysian
government to prohibit participation from two companies allegedly
involved in supplying weapons to the Israeli military.
Bersatu's international bureau chief Datuk Seri Saifuddin
Abdullah had expressed the party's concern over the involvement of the
two companies in the event.
Saifuddin, who is a former foreign minister, added that the
involvement of both companies contradicted with the firm stance taken by
the Malaysian government and its people who supported and stood in
solidarity with the struggle of the Palestinian people for a long time.
He had said the inclusion of the two vendors would be an attempt to normalise relations with Zionists.
The 18th edition of DSA and Natsec is held at Malaysia International
Trade and Exhibition Centre (Mitec) starting today until May 9.
It saw the participation of over 1,324 companies from 60 countries showcasing their defence and security technologies. - NST, 6/5/2024
Defence and security deals worth RM8.1bil expected at DSA and Natsec Asia 2024
KUALA
LUMPUR: A significant array of defence and security deals, totaling
RM8.1 billion, are anticipated to be formalised during the Defence
Services Asia (DSA) and National Security (Natsec) Asia 2024
exhibitions, scheduled from tomorrow till May 9.
Defence Minister Datuk Seri Khaled Nordin said the defence ministry
is set to seal memorandums of understanding (MoUs) and contracts valued
at RM6 billion during the event.
"We have identified contracts and MoUs worth RM6 billion that will be signed during the exhibition," he stated.
Meanwhile, Home Minister Datuk Seri Saifuddin Nasution
Ismail disclosed that his ministry would be entering into 14 agreements
worth RM2.1 billion.
At the 17th edition of DSA and Natsec Asia two years ago, the defence
ministry sealed 54 defence contracts and MoUs worth RM4.6 billion,
while the home ministry concluded one MoU and eight contracts worth
RM2.596 billion.
The forthcoming 18th edition of DSA and Natsec Asia 2024 is slated to
be held at the Malaysia International Trade and Exhibition Centre
(Mitec).
Highlighting the enhancements in this year's exhibition, Khaled said
there was an increase in participation and scale, with a total of 1,324
companies from 60 countries showcasing their defence and security
technologies.
"Significantly, 34 countries will have their own pavilions, including
Turkiye, China, the United Arab Emirates (UAE), Italy, and the United
States. Additionally, Singapore, UAE, and Iran will be participating for
the first time.
"In terms of participation, we will see 400 important delegates from
over 50 countries made up of nations' leaders, defence ministers, home
ministers and military chiefs," he said at a press conference together
with Saifuddin following a walkabout session to witness the final
preparations for the exhibitions.
Saifuddin emphasised that the international exhibition and conference
would serve as a vital platform for exchanging information on crucial
product and system developments relevant to law enforcement agencies and
industry stakeholders regionally and globally.
He also underscored the importance of better alignment and
integration between relevant national and international security and law
enforcement agencies, particularly in light of the uncertain security
environment.
As part of this effort, Saifuddin announced plans to host a town hall session focusing on cybersecurity. - NST, 5/5/2024
What happens when the employer does not pay workers their wages or overtime in time set by the law -'...every employer
shall pay to each of his employees not later than the seventh day after
the last day of any wage period the wages, less lawful deductions
earned by such employee during such wage period....Section 19 Employment Act 1955)?
Will the employer have to pay a 'penalty' or even interest for the delay? Nothing of that sort in the law - so nothing additional, just pay the worker his wages, overtime, etc... Shockingly UNJUST. Some relevant sections, as examples, are as follows:-
Section 87A Court order for payments due to employee
(1) Where an
employer has been convicted of an offence relating to the payment of
wages or any other payments payable to an employee under this Act, the
court before which he is convicted may order the employer to pay any
payment due to the employee in relation to that offence.
Section 100 Penalties for failure or non-compliance in relation to rest days, overtime, holidays, annual leave, and sick leave
(1) Any
employer who fails to pay any of his employees wages for work done by
his employee on a rest day or pays wages less than the rate provided
under section 60 commits an offence, and shall also, on conviction, be
ordered by the court before which he is convicted to pay to the employee
concerned the wages due for work done on every rest day at the rate
provided under section 60, and the amount of such wages shall be
recoverable as if it were a fine imposed by such court.
Thus, all that the employer who failed to pay wages, overtime payment, payments for work on rest days, etc on time as required by law - will later SIMPLY have to pay the worker the same amount as amount due. NO need to add on any interest. NO need to pay DOUBLE, etc
Remember, most workers have monthly financial obligations for his/her living and those of her family/dependents. When a worker is not paid in time by the 'bad' employer, what does he do? Rental/Housing loans, electricity/water/sewage/telephone/Astro TV bills, Hire Purchase monthly payments, school fees, road tax, toll payments, bus fares,... If he does not fulfil his financial obligations, the worker and family suffers. Will he/she be forced to take loans from ALONGS(illegal money lenders) as banks seldom give normal workers loans as they do not have hose/land or even regular employment to act as Security for loan.
When he expends time/effort having to go to the Human Resource Department, and maybe later the Labour Court - the worker expends monies or monies worth. He may need to hire a lawyer - money needed.
Despite all this, the COURT just ask the 'bad' employer what was due to the worker. If the employer owed the worker RM5,000 in wages/overtime payments/etc - the Employer will only be required to pay the victim worker RM5,000???
This is most unjust - for in the pursuit of justice, the victimized worker may have spend even RM5,000 or more just to recover unpaid wages/OT, etc
So, no wonder many worker victims simply 'GIVE UP' and not pursue justice through the HR Department and/or the Labour Court - for at the end of the day, they may end up losing so much more than the amount due and payable by their employer to them.
REFORM NEEDED
1. If the employer fails to pay the employee wages/OT or other payment due to workers within time stipulated in law, thereafter the employer shall be liable to pay the worker-employee TWO(2) times the amount due and payable, and if the delay is more than ONE(1) Month, the employer shall be liable to pay THREE(3) times the amount due and payable, and where the delay is more than Five(5) months, the employer shall be liable to pay the employee FIVE(5) times the amount due and payable.
> Now, this will DETER employers from delaying payment of wages, etc for work already done by workers. Remember for 'corruption' cases, Malaysian law already provide for payment 5 times the amount involved - so there is the precedence in law which justifies the above mentioned reforms.
Penalty for offences under sections 16, 17, 18, 20, 21, 22 and 23 (MACC Act)
24. (1) Any person who commits an offence under sections 16, 17, 20, 21, 22 and 23 shall on conviction be liable to—
(a) imprisonment for a term not exceeding twenty years; and
(b) a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand ringgit, whichever is the higher....
So, whenever an employer does not pay their worker-employee wages/OT/etc for work already done, should not they be liable to pay FIVE(5) times the amount due and payable.
Example:-
Employer supposed to pay wages of April 2024 of RM1,500, not later than 7th May - but if the employer fails to do this in time, then the employer should be penalized by having to now pay the worker 2 time(or 3 times or 5 times) the amount to the worker depending on the amount of delay - so, the worker will get RM3k or RM4.5k or RM7.5k depending on the amount of delay, and thereafter maybe INTEREST of 8 or 10% per month/year. This will END the non-payment and/or delay in paying workers monies due.
FINES - do not help the worker, as the money goes to the government NOT the worker.
As now, employers are required to pay into worker's bank account - The proof/evidence of whether the employer paid on time or not is easily obtainable.
So, will the government ACT to better protect WORKERS - or is this government pro-employer who will allow employers to continue delaying wages - an easy NO INTEREST loan, which sometimes may not be even settled. POOR WORKERS -
Human Resource Minister Steven Sim, PM Anwar Ibhahim and Pakatan Harapan-led coalition government - end denial of timely wages to workers. DETERRENT laws that benefit workers needed
May Day - is the day commemorating the historic struggles and
gains made by workers and the labour movement, observed in many
countries on May 1. Long way to go in Malaysia, as worker rights and welfare seems to fall second to employer and business interest.
Malaysian Employment Act and some other laws provide for basic minimum worker rights - but alas, it does not protect all workers - now just for workers generally earning RM4,000 or less - Would it not be better that it covers all workers, for after all, we are just talking about MINIMUM rights in labour laws...{The rationale was higher earning workers can protect themselves - but this is not true, so best to ensure MINIMUM worker rights are enjoyed by all workers. Further, when one enters into an employment agreement, the employer usually has the upper hand and the worker has 'little power' to demand this rights and that .. )
Remember, the Employment Act provides for INCREASE in Rights as you work longer - One example is Annual Leave - for the 1st year of employment, minimum annual leave entitlement is 8 days, for 2-5, minimum annual leave is 12, and if longer that 5 years, the minimum entitlement rises to 16... There are other benefits in law to a worker that increases as time passes. Then, it is common practice that wages tend to increase every year of employment. (But workers on 'short-term or fixed term contracts DO NOT ENJOY THIS BENEFITS - every time he enters into a new short-term contract, the worker starts from scratch - the fact that he had previous working experience, his age, his increased personal and family commitment, etc all just do not matter ...
(1) An employee shall be entitled to paid annual leave of-
(a)
eight days for every twelve months of continuous service with the same
employer if he has been employed by that employer for a period of less
than two years;
(b) twelve days for every twelve months of
continuous service with the same employer if he has been employed by
that employer for a period of two years or more but less than five
years; and
(c) sixteen days for every twelve months of
continuous service with the same employer if he has been employed by
that employer for a period of five years or more,... (Section 60E, Employment Act 1955)
Looking at some UNJUST laws affecting workers...One example is the evil that arises because workers are not employed as REGULAR employee(i.e. until retirement, or termination due to serious breach employment misconduct, or RETRENCHMENT because of good reason).
Well, an employee is entitled to TERMINATION AND LAY OFF BENEFITS only if they have in employment for more than 12 Months continuously - BUT to avoid this many 'Bad" employers employ workers on 1 year employment contracts, hence the legal obligation to pay termination and lay-off benefits is AVOIDED.
If the contract is immediately renewed, then the worker becomes entitled to TERMINATION AND LAY OFF BENEFITS - and so the BAD Employer do not renew the employment contract although the employer still have work that requires a worker. What some employer do is just EMPLOY a new worker to do the work the previous worker did?
Another method used by BAD Employers to avoid payment of termination and lay-off benefits, is to wait more than 3O days, and then offer a new contract for a year. Sadly, our laws says it is OK. If new employment contract is entered into more than 30 years later - then employment deemed to start on the day of the NEW contract. If immediately, or within 30 days, then employment period considered to begin on the 1st day of the first contract.
EMPLOYMENT (TERMINATION AND LAY-OFF BENEFITS) REGULATIONS 1980
3 General provisions for the entitlement of employees to termination or lay-off benefits payment
(1) Subject
to these Regulations, an employer shall be liable to pay termination or
lay-off benefits payment calculated in accordance with regulation 6 to
an employee who has been employed under a continuous contract of service
for a period of not less than twelve months ending with the relevant
date if-
(a) the contract of service of the employee is terminated; or
(b) the employee is laid-off within the meaning of regulation 5.
(2)
For the purpose of this regulation a continuous contract of service for
a period of not less than twelve months shall include two or more
periods of employment which are not less than twelve months in the
aggregate if the intervening period or periods between one period of
employment and another does not in the aggregate exceed thirty days.
Malaysian government, including the current PH led government has done nothing to date to protect workers being 'exploited' through such short-term fixed contracts of a year or less.
Note the REGULATIONS are made by the MINISTER, like current HR Minister Steven Sim. If he is concerned for workers in Malaysia, he can change it...in favour of workers. The Minister does not need approval of Parliament, or even Cabinet, when he makes such Regulations. (Maybe this need to be changed, to maybe requiring Parliamentary approval for Regulations)
What is the solution?
1) Contracts of employment shall be for the entire duration the work the worker is employed to do that work. Maybe, the contract should be for 5 years, and extendable as of right if the work still exist that requires the worker.
2) Better option is to ensure that the worker is a REGULAR employee, that means until retirement age. Now, if the employer do not need the workers anymore for that work, or has come into financial problems that requires the downsizing of workforce, he can legally RETRENCH workers.
The above 2 solutions is beneficial for the workers in Malaysia, as they will enjoy a certain amount of employment security be it for 5 years(or until the work needing the worker ceases to exist), or at best until retirement.
Note, a REGULAR employee can always be terminated by reason of a very serious employment misconduct, or a serious breach of the employment contract. He can also be RETRENCHED. Hence, giving a worker REGULAR employment really does not prejudice the employer.
3) Of course there are exceptional situations where an employer needs an employee to do a particular work which may be done in a couple of months. For example, in the construction industry, a worker is employed to do tiling work, and after tiling is done - the employer no longer needs the worker with tiling skills. So, this may employment contracts to do a particular work/task that will end. Such contracts of employment may be permitted on the discretion of the Minister.
4) With regard to termination and lay-off benefits, maybe the entitlement should arise after THREE(3) months or automatically after one begins employment- removing the current requirement of employment for more than 12 months. Increase TERMINATION AND LAY-OFF BENEFITS to a minimum of 1 months wages. That is what Indonesia has ... [Remember a terminated worker faces great hardships as his monthly financial obligations remain the same, and it also involves his family. Further, to be able to find a NEW JOB takes time. Will he/she even get a same JOB nearby - or will he have to move his family to some other town and lose out on his rental/deposit and worse if he had purchased his house - so, a 1 Month MINIMUM Termination and Lay-Off Benefit is JUST]
Severance payment for employee in Indonesia
Completed Years of Service
Severance Payment
Less than 1 year
1-month wage
More than 1 year but less than 2
2 months wage
More than 2 years but less than 3
3 months wage
More than 3 years but less than 4
4 months wage
More than 4 years but less than 5
5 months wage
More than 5 years but less than 6
6 months wage
More than 6 years but less than 7
7 months wage
More than 7 years but less than 8
8 months wage
5) Regulation 3(2) should also be changed - periods of employment with the same employer should be considered. No more wait more than 30 days and employ again to avoid obligations to pay termination and lay-off benefits????
What RIGHTS are denied by short-term contracts?
A employee has the right to FIGHT for better rights and better working conditions - but a fixed short term employee, hoping that his employment contract will be extended(renewed) for FEAR of the employer may abandon his/her worker rights worried that it may jeopardize his future rights, and may even suffer worker rights violation(and not complain or bring it up to relevant Labour authorities). Even regular employees fear the employer's reaction to complaints and demands of better worker rights - will this mean I may be overlooked in terms of promotions, wage increase,etc.. so even worse for the fixed short term employee.
An employee has the right to form and participate in trade unions. Where there is no trade union a short-term contract employee may be deterred to fight to form a trade union at the workplace. Further, even if a union is formed, he may no more be an employee to enjoy the benefits of the Trade Union membership. Even for Collective Bargaining Agreements, a short-term contract employee, even if he fights for better rights/conditions may not enjoy it.
What Minister Steven Sim can do is to ABOLISH SHORT-TERM Employment Contracts, requiring all employees of the core business to be REGULAR EMPLOYEES - this is already done in India(so, there is legal precedence Malaysia can follow)
If Minister Steven Sim, Prime Minister Anwar Ibrahim and this Pakatan Harapan led government is concerned about Malaysian workers and worker rights > they will do the needful to improve EMPLOYMENT Security with the same employer, and worker rights.
# The government always talks about job security - and therefore works on creating more jobs. But what any worker needs is EMPLOYMENT SECURITY with the same employer - noting that the longer one works, wages increase, annual leave and sick leave entitlement increases...
It is not just JOBs that a worker needs. When a worker starts being employed, the amount of monies needed is less, but as years pass by, his financial needs monthly naturally increase with marriage, kids, purchase of homes - so, for the good the workers, in Malaysia - ensure that they get REGULAR employments - not short-term fixed employment contracts - Every time a worker has to find a new job, he starts from the bottom with low pay and rights(His past work experience is seldom considered) Worse, as the worker AGES, he competes with younger workers, and many an employer prefer to employ young workers rather than older workers.
Is it time for a change of the Selangor Government? If PH does not wake up soon, it may find itself being rejected come GE16...
SELANGOR's BN rule ended in 2008, and thereafter Pakatan Rakyat(PR - PKR,DAP,PAS) and later the Pakatan Harapan have ruled until now. BN returns to ruling Selangor because PH formed an electoral pact to contest the recent State elections. [In my opinio, PH should have contested the State elections as PH alone).
In GE15, when PH contested - in Selangor, they won 16 out of 22 Parliamentary seats - 73% of the seats won by PH.(In GE14, PH won 20 seats) in November 2023
But, when it came to State Elections in Selangor a few months later in August 2024, PH only managed to win 32 seats out of 56 seats - 57% of State seats won by PH. [In comparison, in GE14 PH won 51 seats)
WHY did PH's performance decline during the Selangor State elections compared to the GE15 Parliamentary elections in Selangor?
One reason could be unhappiness of the fact that PH did not contest on its own, but with a PH-BN electoral pact. Unhappiness could also be because of the post GE15 formation of the PH-BN coalition.
The decline in support in GE15 was maybe (a) because PH during its 22 month rule after GE14 failed to bring needed reforms including repeal of bad laws, and also Local Council Elections; (b) unhappiness with the PM Candidate Anwar Ibrahim, whilst in GE14, the PM Candidate was Mahathir...The dreaded 'political appointments continue - when will the people be able to vote in their Local Government representative, and their own community leadership?
SELANGOR PR/PH rule - what were the changes or significant changes that PH brought? Many did not see any REAL changes - political appointment of ketua kampung and community leaders continued, the promise of abolition of tol highways did not materialize - in fact, more tols came into the picture, ... The governance style did not really differ much when under the BN rule.. Some joked - nothing changed but faces in government, and maybe emergence of 'new cronies'. Worst, after GE14, when PH could have speedily amended them Federal Laws that prevented local council elections, they did not - MIND you, that Local Council elections was key item before the 1MDB issue... Local Council - PR/PH introduced a certain percentage to be filled by civil society(HR Defenders) but as time passed it returned to political appointees from the various political parties of PH - same old same old.
Post GE14, after PH was ousted at the Federal level, BERSATU-PAS led coalition managed to govern - and there was little difference when PH ruled.
Now, the fact that PAS was part of Pakatan Rakyat with PKR and DAP also diminished the old prejudice that many had about PAS.
BERSATU was part of PH before - so criticism about BERSATU by PH now does not have much effect.
So, after Sheraton Move, the ability of PAS-BERSATU plus the added ex-PKR MPs to govern became a non issue, hence GE15 results shows this growing support.
The 1MDB issue, the disappointment and anger against BN's Najib, Zahid Hamidi and other ex-BN politicians who abused their powers in office and 'stole' from the people and committed crimes is still a major issue - and the people want these people tried, convicted and sentenced.
Hence, the January 2024 Pardon of Najib that halfed his prison sentence, and quartered his fine ... did anger Malaysians, and many see the PH-BN government being responsible, The role/influence of the government of the day in pardons emerged post GE14 when Anwar was pardoned.
Zahid Hamidi's discontinuance of criminal trial is something that happen after the Selangor State Elections in August.
The court also recently acquitted and discharged Kinabatangan Member of Parliament Datuk Seri
Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad. The trial court, being the Sessions Court ordered them to enter their Defence, meaning that the Judge found that prosecution had established a prima facie case against them. Rather than entering defence, they filed a REVISION application to High Court who overturned the Sessions Judge's decision, and acquitted both of them. The Prosecution has appealed
After GE-14, the peoples' support for Pakatan Harapan has been declining as reflected in the results of GE15 Parliamentary election results. WHY is something that the Pakatan Harapan and its member parties DAP, Amanah, PKR and UPKO needs to evaluate.
What changed? In GE14, the PM Candidate was Mahathir, and in GE15, the PM candidate was Anwar Ibrahim. Was the naming of Anwar a reason for the decline in support?
Of course, the decline in speedy REFORMS, especially the repeal of bad laws, and a reform in governance was a factor - the culture of political appointment continued, even the Ketua Kampung and community leaders did not move a democratic elections where community leaders are chosen by the people, not appointed by the government who usually chooses one of their political parties minor leaders.
REMEMBER Local Council Elections was a MAJOR Issue - both Selangor and Penang were barred by reason of certain Federal Laws - but when PH came into power, they could have but didn't amend those Federal Laws to facilitate local council(government) elections.
Some Media and even some in the international community believed that Anwar Ibrahim had popular support of the people - but the reality maybe otherwise. Post pardon, Anwar even failed to get the same or more votes in the Constituency, where the MP had to resign to give way to Anwar.
Would PH without Anwar as leader or PM do better? PH's support, in my opinion, really comes from DAP and Amanah - something that became evident when PKR decided to contest on its own in the Johor State elections..It contested 20 seats, and won only one. DAP(under PH Banner) won 10 out of the 14 seats contested, and PH-Amanah won 1 out of the 16 seats contested
Apart from that, seven Parti Keadilan Rakyat (PKR) candidates in the Sri
Medan, Semarang, Tenggeroh, Pasir Raja, Johor Lama, Tanjung Surat and
Benut constituencies also lost their deposits after failing to garner
one-eighth or 12.5 per cent of the total votes counted.
One must recall that DAP gained popularity because many of its MPs were seen as human rights defenders - bravely highlighting wrongs and calling for reform. PKR and Amanah had very few comparatively.
However, things have changed after GE15, the former 'reformist' seem to have gone silent, and promised reforms are not happening.
The Anwar Ibrahim's PH-led coalition government seems to have adopted the BN's style of governance - no or lesser allocation for Opposition MPs, the continuation of political appointments, and worse the U-turns and justification for keeping of draconian laws like Sedition Act, the 'apartheid' policy, etc
KUALA KUBU BARU BY-ELECTIONS
It was the death of the PH-DAP State Assemblyperson that brought about this elections - the norm has been when it such deaths, the constituents vote back a person from the same party...
As it stands, the loss of the KKB seat will not affect the government, who will still be the same even if PH loses KKB.
The policy of lesser allocation for the Constituency if won by the Opposition compared to if the State Assemblyperson is from PH will also factor in.
The fact that the PH candidate seems to be a 'parachute candidate' is a factor - as people generally prefer MPs or ADUNs that reside in the Constituency who will more easy to meet that a MP/ADUN who drops by once in a while.
PH-DAP majority dropped in GE15 compared to GE14.
As it is, between PN and PH-BN, there really is not much of a difference. Will PRM be able to get the peoples' vote this time?
The use of RELIGION or ETHNICITY is no longer relevant - what people are looking for today is what is the parties position on issues
- Will we move towards greater democracy, where people finally can VOTE their Local Councillors, Ketua Kampungs, Senators - or will it remain 'political appointment'?
- Position on HEALTHCARE and EDUCATION > will they move towards FREE healthcare and education, or will we still have to pay, or pay more?
- Workers - will they move for greater protection of employment rights, minimum wage, Occupational Safety and Health
- Parking rates, public transport, etc..
- Unified Examination Certificate (UEC)
Pakatan Harapan got peoples' support because of the REFORMS promised, and the peoples' rejection of the BN and desire for a NEW government. But with PH forming an electoral pact with BN, it may impact on support.
BN only managed to win 30 seats in Parliament - an indication that they are on the way out.
Now, PH's partnership with BN may also lead to the demise of PH.
High Court acquits Bung Moktar and wife Zizie Izette of all three graft charges
Kinabatangan
MP Datuk Seri Bung Moktar Radin (pic) and his wife Datin Seri Zizie
Izette Abdul Samad have been acquitted and discharged of all three
corruption charges. ― Picture by Hari Anggara
Thursday, 07 Sep 2023 3:39 PM MYT
KUALA
LUMPUR, Sept 7 ― The High Court here today acquitted and discharged
Kinabatangan Member of Parliament Datuk Seri Bung Moktar Radin and his
wife Datin Seri Zizie Izette Abdul Samad of all three corruption
charges.
Judge Datuk Azhar Abdul Hamid made the decision after
allowing the couple’s applications for a revision against the Sessions
Court's decision ordered them to enter their defence on the corruption
charges amounting to RM2.8 million involving a RM150 million investment
in Public Mutual Berhad unit trust.
Bung, 63, looked calm while Zizie Izette, 44, cried after hearing the decision.
Judge
Azhar ruled that it was a fit and proper case to exercise revisionary
power under Section 323 of the Criminal Procedure Code (CPC).
“After
examining the records of proceedings this court finds that there is no
evidence that the 24th prosecution witness namely Public Mutual Berhad’s
investment agent Madhi Abdul Hamid and the 25th prosecution witness
Unit Amanah consultant, Norhaili Ahmad Mokhtar had given money to Bung
Mokhtar through his wife.
“So
the decision of the Sessions Court to call for defence is a miscarriage
of justice. I hereby invoke Section 325 of the CPC to acquit and
discharge both of them,” said the judge.
The prosecution was led
by deputy public prosecutor Low Chin How while lawyers Datuk K.
Kumaraendran and M. Athimulan acted for Bung Mokhtar and Zizie Izette
respectively.
The
Sessions Court, on September 2 last year, ordered Bung Mokhtar and
Zizie Izette to enter their defence on all three corruption charges.
This prompted them to file revision applications in the High Court
against the Sessions Court’s ruling.
However, the High Court
struck out their applications without hearing the merits of the
applications after allowing the prosecution preliminary objections
against the applications.
The couple subsequently filed the appeal
to the Court of Appeal and on July 7, 2023, they won the appeal and the
court remitted back the revision applications to the High Court for the
merits of the applications to be heard.
On May 3, 2019, Bung
Moktar who was then the non-executive chairman of Felcra, was charged
with two charges of accepting bribes of RM2.2 million and RM262,500 as
an inducement to obtain Felcra approval to invest RM150 million in
Public Mutual unit trusts.
He is alleged to have accepted the
bribes from Public Mutual Berhad’s investment agent Madhi Abdul Hamid
through Zizie Izette at Public Bank Taman Melawati Branch here between
12.30pm and 5pm on June 12, 2015.
Bung Moktar was also charged
with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili
Ahmad Mokhtar, under the name of Zizie Izette for the same reason and
place on June 19, 2015, while Zizie Izette is facing three charges of
abetting her husband over the matter at the same place, date and time.
Previously,
Sessions Court Judge Rozina Ayob had fixed September 23, 2022, for Bung
Moktar and Zizie Izette to enter their defence.
On September 23,
2022, the High Court here allowed their applications to postpone the
defence trial pending disposal of their revision applications.
The trial was set on July 20 2023, but it was adjourned again pending the disposal of the revision applications.
The
Sessions Court had set September 13 for mention of the case for parties
to update the court on the revision applications that had been heard
today at the High Court. — Bernama, Malay Mail, 7/9/2023
Zahid confirms Umno rejected local council seats in Selangor
Umno president Ahmad Zahid Hamidi insists that there is nothing to be disappointed.
PUTRAJAYA: Umno president Ahmad Zahid Hamidi
has confirmed that the party rejected local council seats offered by the
Selangor state government.
Zahid said he respected the decision conveyed
to him by Selangor Umno during a meeting last night, adding that there
was nothing to be disappointed about.
The deputy prime minister said one of the
reasons for the rejection was that some Umno division leaders could not
be appointed as local council members.
“It is not a question of being greedy. We have
22 division chiefs (in Selangor), so if there are some who do not get
(appointed), then it is better that none of them are appointed,” he
said.
“Even though we (Umno) are not in local
councils (in Selangor), we still support the state government,” he said
in Putrajaya today.
Last Saturday, Selangor Umno said that it decided to return its quota of 20 local council members to the state government.
In making the announcement, Selangor Umno
chief Megat Zulkarnain Omardin said the quota of 20 positions allocated
to Umno was just 7% of the 288 positions in Selangor’s 12 local
councils.
Umno and PH joined forces in Selangor
following the formation of the federal unity government, a cooperation
that saw them win 34 out of 56 seats in the state assembly elections
last year.
Umno, which won Dusun Tua and Sungai
Tawar, was allocated one executive council seat, returning them to the
state administration for the first time since their defeat in the 2008
general election. - FMT, 22/1/2024
Release suspect Chegubard From Remand
Detention, And Just Call Him In When Required For Further Investigation as was
done in the cases of ex-PM Najib and current DPM Zahid Hamidi
The draconian Sedition Act and Section 233 of
the Communication and Multimedia Act, which ought to have been repealed, has
been used again, and this time the victim is an Opposition party, Parti
Pribumi Bersatu Malaysia(Bersatu)’s Badrul Hisham
Shaharin, also known as Chegubard. MADPET(Malaysians Against Death Penalty) and
other groups have long been calling for the repeal of the Sedition Act and
Section 233 and other draconian provisions in CMA.
Apparently, the arrest and remand of Badrul was
about comments ‘over a post on Facebook where he quoted Bloomberg and Singapore
media on reports claiming that a casino would be established in Forest City,
Johor.’ The Business Times on 25/4/2024 had a report entitled ‘Malaysia mulls
over plans for casino in Forest City as part of Johor-S’pore Special Economic
Zone: sources’, and Bloomberg on the same day had a report entitled, ‘Malaysia
in Talks With Tycoons on Casino to Revive $100 Billion Forest City’
Malaysia has a casino, and various gambling
operations, and anyone can in the future open up a casino or gambling operations
provided they get the needed license/permits as per the laws like Betting Act
1953 and Common Gaming Houses Act 1957. Hence, how can it be wrong for anyone
making plans or having discussions about casinos and other forms of legitimate
gambling activities or talking about it.
According to media report, Badrul was
commenting based on information from media reports. One wonders whether the
Malaysian government has to date taken any action against Business Times and/or
Bloomberg. If there is anything false in the reports, the government and
relevant parties could always provide information and demand a correction.
Hence, the arrest and now the remand of a person who commented based on media
reports raises questions.
Remand Not Needed For Further
Investigation
Badrul Hisham was arrested on 27/4/2029, and
the police applied for remand on 28/4/2024 and obtained a remand order for 2
days for the purpose of investigation. In cases like this, it is MADPET’s
opinion that is no reason for the suspect to held in detention for the purpose of
investigation. He could be released and ask to present himself at a particular
time for purposes of investigation. If he did not come, then maybe remand may
be used.
We recall the case of convicted former Prime
Minister, who is now serving his prison sentence, and note that Najib Razak was
allegedly never remanded, and forced to spend time in police lock-up with other
detainees, where Malaysian lock-up conditions are much to be desired.
We recall Zahid Hamidi, our Deputy Prime
Minister, where he was initially not remanded but had to appear on stipulated
times for purpose of investigations until just before he was brought to court
to be charged. ‘Zahid was arrested at
3.15pm, following his sixth session with the MACC at its headquarters in
Putrajaya since July.He will be brought to the Session Court in
Kuala Lumpur at 8am tomorrow.’(Malaysiakini, 18/10/2018). In Zahid’s case, there was even no need to apply to the Magistrate for
a remand order, which is required if the police or MACC wants to detain the suspect
beyond 24 hours from the time of arrest, as he was detained for just about 5-6
hours before taken to court and charged.
Hence, was there really any need to keep Badrul
Hisham in detention for the purpose of investigations. MADPET believes that he
and most other suspects will turn up for appointments for the purposes of
investigation.
Lock-Up Conditions, Death In Custody
and Impact on Income Generation
In 2017, ‘…the Human Rights Commission of
Malaysia (SUHAKAM) has described the Ayer Molek Police lock up conditions as deplorable and hazardous to the health and
wellbeing of its occupants…’(NST, 16/8/2021). Many other police lock-ups
are still in bad condition. We have to acknowledge that torture and even death
in custody also happens in Malaysia’s police lock-ups.
Remand of suspects affects their income
generating activities and causes hardship to themselves, their family and their
dependents. It must be noted that most suspects never even get charged, or even
if they are, they might be found not guilty. Remember one is presumed innocent
until proven guilty in court after a fair hearing.
Remand also can be ‘income generating’
opportunity for the corrupt officers, who charge monies to get detainees food
and drinks, use of smartphones, etc. Remand also has financial implication for
the government. Would it not be more just for suspects be released after
investigation is done for the day, and required to attend at a specified later
date and time for further investigations if needed?
MADPET hopes that there is no abuse of remand
for punishment, when it is only for the purpose of investigation.
How many hours really investigated?
How many hours wasted in lock-ups?
Hopefully, after Badrul is released, he will
tell us all how many times and how many hours was he subject to investigation,
and how long he spend simply languishing in the lock-up.
Use other laws not Sedition Act or Section 233 Communication
and Multimedia Act if people are suspected of committing criminal offences.
MADPET calls for the
immediate release of Badrul Hisham Shaharin from remand detention, and that the
police fix further appointments for investigation if needed;
MADPET reiterates the call
for the repeal of Sedition Act 1948; and Section 233 and other draconian
provisions in the Communication and Multimedia Act; and
MADPET calls again for
an immediate moratorium pending repeal on the usage the Sedition Act and other
draconian laws or provisions in laws.
Charles
Hector
For
and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
## Since the issuance of the Statement, Badrul has been charged for 2 offences, and was released on bail of RM20,000, and to date we have not yet have sight of the offences he has been charged with. Media should report the wordings of the charge - not just summaries or briefs.
According to the charge sheet, Chegubard is accused of posting
seditious material on Facebook on April 6, which is an offence under
Section 4(1)(c) of the Sedition Act 1948 and is punishable under Section
4(1) of the same act.
He faces a fine of up to RM5,000,
imprisonment for up to three years, or both. Repeat offenders can be
jailed for up to five years.
He
also allegedly made defamatory statements reasonably believed to harm
the Yang di-Pertuan Agong’s reputation on Jan 22, which is an offence
under Section 500 of the Penal Code and punishable with up to two years
imprisonment, a fine, or both. - Malaysiakini, 29/4/2024
NGO: Treat CheGuBard like Zahid; just call him in to facilitate investigation instead of remand detention
THIS is not to condone the erratic behaviour of Perikatan Nasional
(PN) activist Badrul Hisham Shaharin a.k.a. CheGuBard (main image,
green shirt) but the use of the draconian Sedition Act 1948 and Section
233 of the Communication and Multimedia Act 1998 against the former is
regrettable.
This has promoted NGO Malaysians Against Death Penalty (MADPET) to criticise the arrest and remand of Badrul Hisham who is also the Bersatu information committee member over comments made in a Facebook post where he quoted Bloomberg and a Singaporean media on reports claiming that a casino would be established in Forest City, Johor.
For context, the Singapore Business Times had on April 25
published a report entitled “Malaysia Mulls Over Plans for Casino in
Forest City as Part of Johor-S’pore Special Economic Zone: Sources”
while Bloomberg on the same day had a report entitled “Malaysia in Talks
with Tycoons on Casino to Revive $100 Billion Forest City”.
Lawyer Rafique Rashid said he had received confirmation from the
federal police that Badrul Hisham will be charged under Section 500 of
the Penal Code and Section 4(1)(c) of the Sedition Act 1948 at the
Cybercrime Sessions Court at 9.30am today (April 29).
“In cases like this, it is MADPET’s opinion that there is no reason
for the suspect to be held in detention for the purpose of
investigation,” the NGO’s co-founder Charles Hector pointed out in a
media statement.
“He could be released and ask to present himself at a particular time
for purposes of investigation. If he did not come, then maybe a remand
order can be issued.”
For the record, Badrul Hisham was arrested on Saturday (April 27)
with the police having applied for his remand yesterday (April 28) in
which they obtained a remand order for two days for the purpose of
investigation.
“We recall the case of incarcerated former premier Datuk Seri Najib
Razak who was allegedly never remanded or forced to spend time in police
lock-up with other detainees whereby Malaysian lock-up conditions leave
much to be desired,” noted Hector.
“We also recall Deputy PM Datuk Seri Ahmad Zahid Hamidi who was never
remanded but (only) had to appear on stipulated times for the purpose
of investigations until just before he was brought to court to be
charged.”
Added the human rights activist and lawyer: “In Zahid’s case, the
need didn’t even arise to apply to the Magistrate for a remand order
which is required if the police or MACC (Malaysian Anti-Corruption
Commission) wants to detain the suspect beyond 24 hours as he was
detained for just about five to six hours before taken to court and
charged.
“Hence, was there really any need to keep Badrul Hisham in detention
for the purpose of investigations? MADPET believes that he and most
other suspects will turn up for appointments for the purposes of
investigation.” – April 29, 2024, Focus Malaysia
* See the full report as it contains pictures of the Facebook post
Chegubard in lockup for Forest City casino comments on Facebook
PARTI Pribumi Bersatu Malaysia (Bersatu) information committee
member Badrul Hisham Shaharin, also known as Chegubard, was arrested for
his Facebook comments alleging a casino in Forest City, Johor.
His remand started today and was confirmed by his lawyer,
who said they objected to the four-day remand, securing a two-day remand
instead.
According to his lawyer Rafique Rashid, the arrest is to facilitate a
police investigation into a social media posting made by Chegubard
regarding alleged talks on the opening of a casino in Forest City, as
reported by Bloomberg.
Prime Minister Datuk Seri Anwar Ibrahim denied the casino claims made in reports by Bloomberg and Singapore’s Strait Times that linked Anwar and King of Malaysia Sultan Ibrahim Sultan Iskandar to discussions about the casino.
Chegubard, said Rafique, was arrested at the Tapah Rest and
Recreation area in Perak about 7pm before he was brought to the Dang
Wangi district police headquarters.
“The arrest is related to his Facebook posting on the alleged opening of a casino in Forest City as reported by Bloomberg.
The case is being investigated under Section 4(1) of the Sedition Act
and Section 233 of the Communications and Multimedia Act.
“The application for remand will be heard at the Dang Wangi district
police headquarters at 8.45am today,” said Rafique in a statement.
Anwar described the claims made in the report as a ‘lie’. Genting
Malaysia Bhd has also come forward to dismiss the claims made in the
report.
Genting Malaysia said neither the company nor its chief executive
officer Tan Sri Lim Kok Thay were involved in discussions about the
opening of the casino.
Meanwhile, a pro-Pakatan Harapan portal today said former law
minister Datuk Zaid Ibrahim erred big time as he attempted to defend
Chegubard.
It chided the former law minister, saying he overlooked the fact that Chegubard had implicated Agong and Anwar in the matter.
This morning, Zaid questioned the need for the police to arrest Chegubard over a post on Facebook where he quoted Bloomberg and Singapore media on reports claiming that a casino would be established in Forest City, Johor.
“Why is he being investigated for sedition and the (Communication
and) Multimedia Act? Ridiculous. And that is not enough. They had to
remand him. Why remand and put him in custody when the police could
quickly proceed with the investigation and allow CheBard his freedom,
which he is entitled to?
“Chegubard has never failed to cooperate with the police on countless investigations into him,” Zaid wrote. – April 28, 2024, Focus Malaysia
Zahid arrested, expected to be charged tomorrow
Published: Oct 18, 2018 4:23 PM
⋅
MACC
has arrested Umno president Ahmad Zahid Hamidi and he is expected to be
slapped with charges related to graft and money laundering tomorrow.
In a statement today, MACC said this was in connection with investigations involving an unnamed foundation.
The commission also said the former deputy prime minister is being
investigated for abuse of power, criminal breach of trust and money
laundering.
The Attorney-General's Chambers had consented to the charges.
The
commission added that Zahid will face charges under the MACC Act 2009
and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of
Unlawful Activities Act 2001.
Zahid was arrested at 3.15pm, following his sixth session with the MACC at its headquarters in Putrajaya since July.
He will be brought to the Session Court in Kuala Lumpur at 8am tomorrow.
In July, the Bagan Datuk MP was questioned twice by MACC. The first
round of questioning concerned the alleged donation by the Saudi royal
family to former prime minister Najib Abdul Razak, while the second
round was in relation to welfare foundation Yayasan Akal Budi's funds. - Malaysiakini, 18/10/2018
Ayer Molek police lock up 'deplorable'; Suhakam calls for review
KUALA
LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has
described the Ayer Molek Police lock up conditions as deplorable and
hazardous to the health and wellbeing of its occupants.
Suhakam chairman Tan Sri Razali Ismail said based on a recent visit
to the lock up in Johor Bahru found that all cells were in extremely
poor and dilapidated conditions, and detainees have been deprived of
drinking water and even food.
Razali said pursuant to its legislated mandate for an independent and
objective scrutiny of the conditions and human rights situation of lock
ups, Suhakam visited the premise on July 31 before stating its
observation in the open today.
" Several critical issues such as healthcare practices and basic
human rights have been denied for the detainees. SUHAKAM is extremely
concerned to learn that drinking water was only provided three times a
day," he revealed.
Razali emphasised that having access to safe drinking water was
central to living a life in dignity; and in accordance with Rule 20(2)
of the Standard Minimum Rules for the Treatment of Prisoners, drinking
water shall be made available to every prisoner whenever he needs it.
"While detainees are entitled to clothing that is clean, there was also an overall shortage of clean lock up clothes," he added.
The Ayer Molek Police Lock Up was formerly a prison with the capacity
of 180 detainees but was converted into a temporary police lock up in
Jan 2009.
While detainees were not necessarily subjected to overcrowding,
Razali said the cells were small, without adequate lighting and
ventilation as well as bedding.
He added that during the visit, Suhakam also received complaints regarding the quantity and quality of food that was provided.
"Suhakam finds it unacceptable that the daily food budget for detainees is RM 8 for three meals per detainee.
"Even the lock up staff acknowledge that this amount does not allow
for sufficient portions that are nutritionally balanced, and adequate
according to the diet prescribed by the Health Ministry," Razali said.
He said if acceptable standards in detention cannot be maintained,
the Ayer Molek lock up and other lock ups in similar conditions should
be closed.
"There is an urgent need to undertake a review of the budget
allocation for food and potable drinking water for detainees throughout
the country, as we believe that similar circumstances exist in other
lock ups as well.
"Given the numbers of persons in detention, the allocated national
budget for this population must be revisited," he said in a statement.
Razali added that checks also revealed the absence of a custodial
medical team and medical officer at the lock up as stipulated under the
Lock Rules 1953 to provide immediate medical care to detainees.
"This has been said over and over again and despite our repeated and numerous recommendations, the situation remains the same.
"Overcrowding, inadequate access to healthcare services, poor
nutrition, hygiene and sanitation are not only violations of human
rights, but these conditions increase the risk of the spread of diseases
such as tuberculosis within the lock up," he said.
In the past there have been cases of police officers stationed at the
lock up who had contracted tuberculosis from sick detainees.
"Suhakam observes that the United Nations Standard Minimum Rules for
the Treatment of Prisoners (Mandela Rules), which is a soft law
instrument that contains provisions protecting the human rights and
personal liberties of detainees, are not being fully complied with in
this case," Razali said.
He said the lock up management must ensure that the detainee’s
unconvicted status is demonstrated in their treatment and called on the
Home Ministry to take immediate steps to better the conditions endured
by persons who are on remand and not yet charged.
Razali added the conditions were so poor that they amoun
ted to cruel, inhuman or degrading treatment and reiterated that
treating persons deprived of their liberty with humanity and respect for
their dignity is a basic and universally applicable tenet; the
applicability of which cannot be dependent on budget or financial
resources of a lock up.- NST, 16/8/2017