The problem with Malaysia is not just the debts...but a losing of confidence in the administration of justice...the police, the enforcement agencies, the Attorney General/Public Procecutor, the Judiciary and ....
How many foreign corporations still have the confidence in Malaysian laws and judiciary to give them justice? When there is a dispute, how many of these foreign corporations...and even Malaysians believe that they can get justice in Malaysia? As such, we will find that many, even when they enter into agreements with Malaysians, will put in their agreement, that any disputes will not be resolved according to Malaysian laws, or even by Malaysian Courts - they would choose that their disputes be resolved by some foreign courts or arbitration bodies...
It became even worse...when we see that somehow the Prime Minister and those connected to the government are sometimes treated differently in this country. 1MDB - well, other countries have commenced legal proceedings related to 1MDB and its related companies - but Malaysia says nothing wrong ...and no apparent action, save a Bank Negara fine ..(but alas, what was the offence committed by 1MDB, that resulted in the Bank Negara action is still 'secret' - unknown to Malaysians.
When billions was found in the Prime Minister's personal account, investigation was commenced that ultimately the new Attorney General concluded that there was no wrongdoing...We heard that the billions were no more in Najib's account, and had been returned to the alleged 'donor' - but, the question was WHY was the money even not frozen...not allowed to be taken out of the country until at least the investigation was completed? Now, even when banks takes action against people who have allegedly not settled their loans, usually the first thing done was the freezing of one's personal accounts - so that the money would not leave Malaysia until the case is over - this many a times are done without even a court order...
Malaysia has in the past commenced a few actions against members of the Cabinet or their 'close friends'... We recall the case of Kasitah Gaddam and Eric Chia...
Disturbing trend in 'graft cases' in Malaysia - Inadequacies of Prosecution or 'something else'?
Kasitah Gaddam & Eric Chia - Prosecution's failure to call witnesses - Was it just incompetence OR....?
Now, we are hearing a lot of cases where public servants and even persons in GLCs have been arrested and investigated for corruption BUT how many of them really end up being charged, convicted and sentenced? Malaysians are familiar with corruption happening in many departments of the government - but alas, there is still a LOT to be done, but are the enforcement agencies and prosecution doing enough?
Now, a recent High Court judgment said that Prime Minister Najib is not a 'public officer' (penjawat awam) but is a 'member of the administration' - but alas, there are almost no laws that provide for members of the administration - unlike a public officer or a person holding a public office - Does this mean that the PM, Menteri Besars and their Cabinet Members simply cannot be charged for any offence in Malaysia? Are they above the law?
In a landmark judgment, the High Court has ruled that the Prime Minister is not a public officer in public office. It held that the premier is also not in public services as defined under the Federal Constitution but “a member of administration”.High Court judge Abu Bakar Jais made this observation in allowing an application by Datuk Seri Najib Tun Razak to strike out a lawsuit against him for misfeasance in public office. - Star, 29/4/2017 see MACC want more power? No need MACC Pledge? More independence for MACC?
Malaysian Airlines - there was a great loss of monies, possibly also by reason of mismanagement,...maybe even kleptocracy - YES, again Malaysian people's money was used? But why was there no serious investigation, and the wrongdoers, being Directors and officers ever charged? Are we just supposed to believe that there was no wrong?
1MDB - the persons responsible for any wrongdoing would be the Directors, and the Government of Malaysia - and the person directly responsible would be the Finance Minister, Finance Ministry and certainly the Prime Minister. Why Prime Minister? Well, he is ultimately responsible for all the failings and wrongdoings of government...I do not why CEO of 1MDB is out there making statements about 1MDB...he is nothing but the 'General Manager' - an employee, who can do anything only with the approval of the Board of Directors...
Najib's brother - Nazir
Razak - Receives RM28 mil(USd7 mil) from Najib and cash money was
disbursed to politicians? - No wrongdoings? No Investigations?
Well, all these things just simply affects the perception of the public on the state of the administration of justice in Malaysia, does it not?
Judicial Crisis? Well, in my opinion, we are in the midst of the 2nd Judicial Crisis - when the Chief Justice continued to be Chief Justice after reaching his retirement age, and the same with the President of the Court of Appeal.
SECURITY OF TENURE is a most important safeguard to ensure INDEPENDENCE of the Judiciary. It means that after being appointed a Judge, one cannot be simply removed until the Judge reaches his definite retirement age.
If the Prime Minister, King or the Chief Justice can cause a judge's tenure to be extended beyond the defined retirement age - the judge's independence could be compromised, or more importantly be perceived as being compromised.
That is why all judges tenure must be guaranteed and end on their retirement day. Why was this judge's tenure extended and not that other judge? Remembering that Prime Minister plays an important role in this - one may wonder whether a 'pro-PM' or 'pro-government' judges tenure will be extended and those judges that are truly independent will not have their terms extended beyond retirement age?
Arifin Zakaria (ex CJ)dan PM Najib, serta Raus kini, menyebabkan 'Judicial Crisis' baru untuk Malaysia?
Chief Justice, even after retirement, for 3 more years? Wrong or Right?
Hopefully CJ Raus will quit - Resolution of the Malaysian Bar
Jika Raus kekal jadi ketua Badan Kehakiman, PM Najib pun boleh lantik ramai Hakim hari terakhir beliau ada kuasa?
4 Ogos - 'krisis badan kehakiman' jika YAA Tan Sri Dato’ Seri Md Raus kekal 'Chief Justice' untuk 3 tahun?
UN Basic Principles on the Independence of the Judiciary - Chief Justice and imminent 'judicial crisis'?
BANGALORE PRINCIPLES OF JUDICIAL CONDUCT
Attorney General - the sudden removal of the last AG, and the replacing of him with an almost retiring Federal Court Judge...who later came out and closed the investigations against Najib?
Malaysian Bar - The Attorney General Must Reconsider MACC’s Investigation Papers on the Transfer of Funds into the Personal Bank Accounts of the Prime Minister
THUS, TO MAINTAIN THE UMNO-BN GOVERNMENT AND PM NAJIB will really not be good for Malaysia - WE NEED A CHANGE OF GOVERNMENT AND PRIME MINISTER now...
Yes, we may not like the available alternatives now - but, we may have no choice in the matter for to return BN to power means we are OK with all that has happened...and we will continue to suffer this current trend?
OPPOSITION must realise that when Malaysians vote for them, it is not because the support them...but rather because they just want to get rid of the UMNO-BN(who has governed since MERDEKA), and get in a new government. A new government would 'clean up' some things ...and if they do not do what the people want, then the people will simply VOTE them out in PRU15...
It is not just the debts - but the state of the nation, including the perception of the administration of justice, that is causing a loss of confidence in Malaysia...
Oh yes, Mahathir was also responsible for many of these problems ...but now he says that he has 'repented' and there is no other prominent Malay politician in the Opposition who can offer himself as the alternative Prime Minister... But, this time when and if the Opposition wins, Mahathir would not be free to return to his old self - because of the fact that we will have good people in the Opposition who will not allow him to do as he pleases - REMEMBER, a Prime Minister needs to get the confidence of the majority of MPs(that means more than 50%), and at any time he loses that majority, he will no longer be the Prime Minister...
YES - it looks like Mahathir's primary concern seem to be getting rid of Najib, and there is a risk that he may very well return to UMNO after that is done...BUT then, it is a RISK but at the end of the day, we seem to have little choice...Things must change drastically in Malaysia...and, it has to happen NOW...
There are good people in the Opposition parties, other than Pakatan Harapan, like in PAS, PSM and PRM...
For me, if there is a good person with a good history of acting for justice in PAS, being an incumbent - then maybe one should vote for him/her...as an MP.
If there are good person like incumbent MP Dr Kumar Devaraj(PSM), then vote for him...
For a change of the Federal government, we need to be only concerned about Members of Parliament...
For a change in State governments, then ADUNs matter...
Now, for Selangor, Penang and Kelantan --- it may be wise to consider also candidates from the Other Opposition parties like PRM and PSM in Peninsular - It may be good to put in greater checks and balances coming from the Opposition(not UMNO-BN)...because history shows us that if a group stays in power too long, their effectiveness...even cleanliness may erode...
Posts
No comments:
Post a Comment