Wednesday, November 30, 2022

End politician-linked companies perception - the belief that these companies will benefit the appointment of so and so into Cabinet?

The existence of Zahid-linked companies, Anwar-linked companies or any politician linked companies is most DISTURBING. The fact that their share prices went up after Anwar Ibrahim was appointed PM, and BN became part of the coalition government is a matter of concern.

Tuesday, November 29, 2022

Will Anwar remove compound for AMLA offences? PM Anwar Ibrahim should walk the talk fast on his pledge to combat corruption especially in government...



Media Statement – 29/11/2022

PM Anwar Ibrahim should walk the talk fast on his pledge to combat corruption especially in government

Law Enforcement & Judiciary Must Function Independently Without any Interference

As our new Prime Minister Anwar pledged to fight corruption, there is a need to strengthen laws against corruption, abuse of power and even money laundering. It is common for any Prime Minister and political parties to take a position against corruption and abuse of power, but what they then do is more important.

Abolition of Compounds for AMLA and corruption like offences

MADPET (Malaysians Against Death Penalty and Torture) calls for the abolition of compound for corruption and related offences including offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA). These are serious offences, more so when it involves Ministers and politicians.

Section 92 of AMLA Act now sadly allows for all offences in this Act to be compounded. It states, “…(1) The competent authority or relevant enforcement agency, as the case may be, may, with the consent of the Public Prosecutor, compound any  offence under this Act or under regulations made under this Act, by accepting from the person reasonably suspected of having committed  the offence such amount not exceeding fifty per centum of the amount of the maximum fine for that offence … to which that person would have been liable if he had been convicted of the offence…’. Such offences should be dealt by the court, and NOT by the Minister of Finance or the Minister appointed competent authority or enforcement agency.

The decisions with regard compound are now administrative decisions of the Minister or enforcement agency, not judicial decisions. It puts ‘pressure’ on Ministers especially when it comes to a fellow party or coalition member.

Any accused, after being charged in court, can always plead guilty, and this plea will mitigate the sentence imposed. It is BEST when such accused, especially Ministers and politicians, are dealt with by the Independent Judiciary.

The effect of an offer and the acceptance of an offer of compound, means an end of investigation and thereafter ‘…no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made…’(sec. 92(4) AMLA)

Administrative Avoidance of Trials and Convictions using Compounds

When it comes to sitting Members of Parliament and/or Senators, it must be noted that Article 48 of the Federal Constitution, states that an MP or Senator will be disqualified if  ‘(e) he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon…’. There is nothing said about compounds.

Thus, the administrative compound can wrongly be used to prevent a fellow politician from being charged, tried, convicted and sentenced by court, thus saving this current or maybe future MPs or Senators from being disqualified as MP/Senator by reason of conviction, as is now provided in Malaysia’s Constitution.

It is reasonable to say that generally, no innocent person would accept a compound offer, and pay the compound amount, more so when it is a large sum. An innocent person would rather go to court to prove his/her innocence than ‘admit guilt’ by accepting a compound offer. For small offences, a person may choose to pay the small compound to save time and effort in having to go to court.

The availability of compound for small offences, like road traffic offences and violation of MCO requirement maybe acceptable. However, compound should not be available for AMLA offences, corruption, abuse of power offences and some other offences like Occupational Safety and Health. Charge them and let courts decide.

On 21/9/2022, then Pontian Member of Parliament (MP) Datuk Seri Ahmad Maslan was acquitted of charges of money laundering and giving a false statement against him after he agreed to pay a compound of RM1.1 million (Edge Markets, 22/9/2022).  The oddity in this case was that he had already been charged, when the compound offer was taken up. Prosecution will generally never charge any person unless they are confident that they can prove guilt beyond reasonable doubt.

When this happened, Ahmad Mazlan not only escaped a trial, the risk of conviction and potential disqualification as MP/Senator. He also obtained protection from being further investigated, and charged for the same offence ever again. Sadly, Ahmad Mazlan can be said to have also missed the opportunity to prove himself innocent in court. Doubts will remain in many minds.

Regulations/Law to Deter Corruption by PM and Cabinet

At present, there is no law/regulations that govern the conduct and discipline of the Prime Minister and Cabinet members. Though Cabinet members are public officers, they are excluded from disciplinary provisions that apply to Malaysian public officers.

Therefore, MADPET proposed that Malaysia’s new government extend the application of the Public Officers (Conduct and Discipline) Regulations 1993 to also include members of the Cabinet, and maybe even MPs.  Alternatively, a new law.

That public officers regulations even deals with ‘presents’, where it says that public officer ‘…shall not receive or give nor shall he allow his spouse or any other person to receive or give on his behalf any present, whether in a tangible form or otherwise, from or to any person, association, body, or group of persons if the receipt or giving of such present is in any way connected, either directly or indirectly, with his official duties…’ There are many provisions in the Regulations that will deter corrupt practice.

It will be best of members of the Cabinet, and even MPs are also governed by such regulations, or better still laws which will also deter corrupt practices and keep our Cabinet members clean. Following former Prime Minister Najib’s conviction for abuse of power, criminal breach of trust and money laundering involving RM42 millions of funds, crimes committed whilst holding government power, trust in the Prime Minister and members of Cabinet have diminished, and we need laws and regulations that will also deter such crimes. Trust in the PM and Cabinet needs to be restored.

Corruption and Abuse of Power

When a person/corporation contesting for a government contract/project, pays monies or provides benefits, to a Minister or persons connected with the power to decide or influence contract awarding, before or after the awarding of the tender, it is corrupt practice. It should not matter whether the monies or benefits flows directly into the said politician/public officer pocket, or to his/her family members, his/her related ‘political funds’ or political party, NGOs or charities which has links with the said politician or public servant, it will still be corruption. We are fed up, when we hear some politicians argue that the said monies were for themselves but some political funds or charity.

Annual Asset Declaration laws – to ensure no enrichment by reason of ‘corruption’, etc.

A law on regular Asset Declaration, that provides for regular, preferable every year, is needed. Asset Declaration is not for the public to know how rich or poor a Minister or MP is, but really is a means for the public to be sure  that the said MP or Minister did not use his/her position power to accumulate wealth wrongly.

This can only be done by comparing subsequent Declarations with the 1st Declaration made immediately when he/she gets elected/appointed. It is sad that previous governments did not understand the reason behind asset declarations, and chose to only require one asset declaration – making it impossible for the rakyat(people) to be able to determine whether there was abuse and wrongful personal enrichment – there was no subsequent asset declaration where they could compare with. Making false declaration must be a criminal offence.

Political Funding Law

The law on political funding, which was earlier reported would be tabled in October, must also be speedily tabled now. It must cover not just political parties, but also individual MP’s and Senator’s. For years, Malaysian MPs did receive large additional funds, sometimes millions of Ringgit annually for expenditure in the Constituency, but alas there was no transparency as to how these public funds were used was never disclosed. Many wonders how much of the peoples’ monies went into the MP’s own pockets directly or indirectly, or wrongly flowed to their party or supporters? Accountability and Transparency is needed.

WALK the Talk, and end corruption pandemic in Malaysia

MADPET calls for the PM Anwar Ibrahim to WALK THE TALK – to demonstrate that his pledge against corruption and abuse of power will be followed by speedy real concrete actions, including the tabling of needed amendments to laws and new laws that will also deter acts of corruption and abuse of power amongst the Cabinet and also MPs in Malaysia.

The Prime Minister needs to act fast, remembering how Prime Ministers and governments in recent times change rapidly, whereby since GE14, we had 3 different Prime Ministers. Delay is no more an option.  

Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)


What PH and Anwar have pledged

KUALA LUMPUR: Datuk Seri Anwar Ibrahim's appointment as the 10th prime minister could finally herald in a new dawn not only on the political front but also see a host of new initiatives introduced to fulfil the election pledges made in the 15th General Election (GE15) campaign.

The 75-year old, who leads Pakatan Harapan (PH), had promised to make sweeping changes in the administration, outlining measures like combating corruption and strengthening democracy, managing the cost of living, improving competitiveness and also reducing the size of a bloated cabinet.

PH had in its manifesto pledged to overcome the cost of living issues by eliminating cartels, ensuring sufficient supplies of food products and increasing the workforce in agriculture to guarantee food security.

The coalition also pledged to build a clean and trustworthy system of governance by strengthening the integrity of institutions, safeguarding parliamentary sovereignty as the core pillar of democracy and guaranteeing media freedom together with the rakyat's freedom of expression.

The coalition is also committed to increase the competitiveness of Malaysia's plural society across by reaching out to those across geographic location, socioeconomic class, background and ethnicity.

Anwar's electoral pledges also outlined action in tackling climate issues faced by the country through implementing a climate change act, ecological fiscal transfers, marine protection areas and transboundary haze act.

PH also pledged to see the full implementation of the Malaysia Agreement 1963 and Inter-Governmental Committee (IGC) Report as steps in empowering the peace and prosperity in the regions of Sabah and Sarawak.

The most defining of the pledge made by Anwar is his determination to axe the bloated 70-minister cabinet brought upon by the previous administration and to take a pay cut.

Anwar had said he felt ashamed as the RM80,000 awarded as salary for a prime minister was in stark contrast to those of an Orang Asli villager he visited who struggled to even make RM400, as did minimum wage earners of RM1,500. - NST, 24/11/2022


Thursday, November 24, 2022

Are they different - PH, PN or BN in terms of position/principles/ideology? Only difference are personalities involved or...? Parties need be clear on what they are fighting for specifically...?

What exactly are the differences that are keeping the different coalitions coming together, to simply choose a Prime Minister in Malaysia? Really, just expressing confidence in one MP to be able to play the role of PM, noting that thereafter there is nothing stopping any MP from objecting, supporting or even amending proposals relating to laws that are tabled in Parliament. Remember, all MPs are FREE to speak out and vote as per their own conscience, principles and values - provided they FREE themselves from the 'feudalistic-type mentality' of having to follow the decision of their party leaders or leadership. MPs represent the people, and Malaysians chose persons, not parties, to be their peoples' representative.

Common features of most existing coalitions in Malaysia - PH, PN, BN and GPS

ALL are multi-ethnic and multi-religious, and seek not to exclude any Malaysians

PH - well it includes PKR(a party that is open to all peoples of Malaysia irrespective of ethnicity or religion), DAP (is the same - but reality sadly saw it drawing more members from particular ethnic groups) and Amanah(well, this is a party that its membership is open to Muslim only, I believe).

PN - well there is PAS( a party whose membership is only for Muslims, but it has made room for non-Muslims through its PAS Supporters Club, and have historically also placed non-Muslim persons as PAS candidates for elections), BERSATU (again a party not open to all ethnic groups), and then there is GERAKAN( a multi-racial, multi-religious party - but like DAP has had the 'misfortune' of attracting mostly non-Malay membership)

BN - well, UMNO is a party open to only Malays(now to only 'Bumiputras') - but is still seen very much as a Malay Muslim dominant party, MCA ( a party that is still open to only Chinese Malaysians), MIC (a party that is open to only Indian Malaysians - but ended up sadly being 'dominated' by one Indian ethnicity - the Tamil)

GPS - in Sarawak, at current the last Christian majority state(over 60%), and with a variety of different ethnicities like Iban, Kenyah, Melanau, Penan, etc > making it really simply a Sarawakian peoples' coalition of parties.

So, all in all, are major coalitions that won in GE15 are essentially multi-ethnic and multi-religious in nature. 

Sadly, in Malaysia ethic and religious differences are still used to divide Malaysians, and one reason for this is the continued existence of political parties in Malaysia that is OPEN only to persons from certain ethnic or religious groups > and the BLAME at the end of the should really lie with the BRITISH colonial government, who elected the 'divide and rule' policy in the governing of Malaysia.

Post-MERDEKA policy of the ruling government seem to have been to maintain that ethnic differences, but who can blame when power was handed over to essentially 3 ethnic based parties - UMNO + MCA + MIC who chose to remain so. There is nothing wrong with political parties based on membership of any single ethnic group, religion or even regions - that is the Freedom of Association.

Many have forgotten that the struggle for freedom and independence of the Malaysian people against the British Colonial government rule has been long on-going, by different groups of persons for a long time, who did use both peaceful and non-peaceful means. Mat Kilau, the movie, reminds us of this reality - but at the end of the day, British elected to hand-over power to the 3 ethnic based parties. Some, involved in the struggle saw this as not TRUE Merdeka, as they saw it as a handing over of power to 'cronies', who compromised by agreeing to protect British interest - TRUE or not true is for every Malaysian to determine. Of course, as the saying goes, the VICTOR writes the HISTORY... In the History that Malaysian students have been taught, there is a lack of acknowledgement of the different parties/persons that played in the struggle for independence - which, I hope will be corrected in the near future. YES - some of us are for peaceful methods to getting power - like through elections, as we did in GE15.

Anyway, as mentioned earlier, the plurality of the different coalitions that emerged victors is settled - so, the next question is really what then are the differences that are standing in the way of even choosing a Prime Minister, or even setting up a UNITY government or a Coalition Government. Of course, if MPs can decide on a Prime Minister ONLY - they can also elect to stay out of the EXECUTIVE(government) that the said PM sets up > a position adopted by BN, which I think is healthy and maybe the best option for many a political party or coalition that is looking forward to upcoming elections.(See earlier post - I am having problems in this BLOG now, and so I cannot even 'cut and paste' links to earlier posts of relevance, as previously done).

IDEOLOGY (based more on actions) - most coalitions have failed to declare this, save to take the normal obvious like Uphold the Constitution, blah..blah..

Well, after MERDEKA, the Malaysian government did not take a pure Neo-liberalism(or capitalism) or a socialist approach in government. It saw a bit of both coming into play - education and healthcare was basically by the government and the provision was for ALL people at very very minimal charges(basically free), which is part of socialism. 

Of course, there has been growing worry that the BN government was pushing towards privatization of healthcare. Heart Healthcare, for instance, was placed under IJN, is no longer FREE or affordable - only preference seems to be for 'public servants' - but for others, even the POOR, you either pay a large amount of monies, of wait your turn if you are poor. Health tourism got greater attention, where government was going 'neo-liberal', where emphasis was to generate INCOME from foreign nationals. It was dangerous as healthcare for all in Malaysia was still lacking. The privatisation of healthcare saw the non-building of government hospitals even in Klang Valley area when there was some other private health hospital in the vicinity. Unlike Thailand, where the government put in place access to universal healthcare(at the payment of 30Baht only) even when people use private hospitals - in Malaysia, use private health facilities, pay private hospital rates.

DEMOCRACY - Well BN, PH or PN have similar stance of not extending democracy beyond MP and ADUN(State Legislature) election. No clear commitment or promise to restore LOCAL GOVERNMENT ELECTIONS - meaning Malaysians continue to be deprived of a democratically elected Mayors and Local Councillors. So, we still have only 2 out of 3 levels of government that are democratically elected. The preference of all 3 coalitions seems to be the continuation of POLITICALLY APPOINTED reps of Local Government. There is also no talk about democratically elected by the people of Senators.

BN or the UMNO-led Coalition before that was not interested in allowing local communities at the Kampung, Kampung Baru, Tamans, etc have democratically elected leaders - preferring rather for the government responsible for States/Federal appointing these local community leaders. At first, we thought that this only happened in Orang Asli Kampungs - but it happens at even kampungs, kampung barus, Tamans, etc {Comparatively, in Thailand there are elections every 3 years for the local community leaders - who are also consulted in terms of development, etc...) Malaysian coalitions still prefer governments that rule States to appoint normally their party members to these positions. The only exception was during the reign of PR Menteri Besar of Perak Mohammad Nizar bin Jamaluddin when there was elections at kampung and kampung baru levels - but then this positive return to democracy was not continued on even by other States under PR or later PH?

GLCs and Government related Agencies and their corporations > well, here again BN,PH and PN seems to still believe in political appointments, usually party members or those that failed in elections. They are 'gifts' of power and money to sometimes persons lacking on needed qualifications/skills in business, etc. Even the allowance given to Directors and Upper Management is simply too high - much higher at times that even the Prime Minister. These are monies wasted that could have better utilized by the people. Would these GLCs finally be subject to annual audits by the Auditor General?    

HEALTHCARE and EDUCATION - Who of the 3 coalitions have committed to UNIVERSAL Healthcare - or government ensured free healthcare? BN has been moving to the privatization of health care? Promotion of private healthcare insurance, rather than government assured healthcare for all? Education - will there be commitment to FREE education for all until higher education > BN has been privatizing or corporatizing universities, Note private entities are interested in profits, whilst government are interested to easy access to education?

WORKERS - Which of the 3 Coalitions have committed to the abolition of short term contract employment in favour of REGULAR employment. A worker's wages and rights increase with the number of years with the same employer. Rights like retrenchment benefits are only the entitled by workers that have been in employment for more than 1 year. The use of short-term contracts, usually a year long, has seriously affected Malaysian workers - and the Minister by law can insist that all workers are employed as a REGULAR employee until retirement > which still allows termination by reason of serious misconduct, or retrenchment by reason of changing worker needs, etc ...Somehow, the Malaysian coalitions and parties are not talking about this.

BASIC FOOD SUBSIDY - there was subsidy provided by law for certain food items, but then the law was amended, and now the subsidy comes in as and when needed - usually during festive seasons. Is it not time to bring back subsidy for basic food items permanently - Rice, Eggs, Cooking Oil, Cooking Gas, Chicken?, etc. We are still on continuous subsidy for petrol for cars/motorbikes - is not subsidy for food more important?

One thing that was sure with PH and PN was that were against abuse of powers by those in power, corruption and money laundering > and that they will certainly NOT INTERFERE with the investigations of law enforcement, prosecution and the court processes even if it involves a politician within their own coalition...BN, on the other hand, seems to say that even Najib was a victim of selective political targeting/prosecution - a stance that undermine the Malaysian Judiciary, and the prosecution. [Note PH also did at times take a similar position with Anwar and some of the politicians - which meant that at the end of day, PN came out 'purest' of them all]

RETALIATION AGAINST PEOPLE THAT VOTED AGAINST THEM -it is sad, but that is really undemocratic. After voting, the winners should not retaliate against those who voted against them. BN started this by, amongst others, the different financial allocation to MPs for use for the welfare of their constituents. Then PH followed the same bad practice. Not sure also whether PN (after Sheraton move) - did the PN Plus MPs get much much more that the Opposition MPs. Has any Coalition came out with the position that such DISCRIMINATORY or retaliatory practices will be ended? In this matter, I believe that all MPs should be given financial allocations simply to maintain their offices/service centres and support staff needed to assist an MP in carrying out their duties > Maybe Parliament should pay for this, and all support staff of a Parliamentarian should become contractual public employees paid by Parliament(or the Federal Government) directly. There should be no monies paid to MPs to do work that is already the responsibility of certain Federal Ministries or State Departments, as budgets have already been provided for. [If additional financial provisions are to provided to MPs to use for 'other' work in the constituency, there should be a formula, maybe RM1 X The number of constituents per month]

ALLOCATION of Tenders/Projects - OPEN TENDER and no more direct offer to any company. 

A National Government Pension Scheme for every Malaysian - to ensure that every Malaysian, after retirement age receives a monthly pension by government until their demise. We know the EPF scheme will fail to fulfill that - so, maybe another government(not private sector) run pension scheme needs to be set up for the welfare and security of the growing number of old persons. Like in UK, a minimum monthly contribution may be imposed on all Malaysian from the moment they start working until they retire...Did any Coalition even have a position on the growing number of old persons and their welfare (the public servants are covered now, but a Government owes a responsibilities to all, including those not in public sector)

National DEBT situation - the growing debt is a major problem. Past governments have simply BORROWED to do things and gave people the impression that all is well - and hey, we are a good caring government? Will the Coalitions also do the same, and not bother the impact of these LOANS that will most likely be felt the most by future generations?  

What about position of Abolition of COMPOUNDS for crimes of corruption, money laundering, etc - as this is a decision of Ministers(or the Executive) - they should all be charged, and if they plead guilty - then lesser sentence. The use of compounds can avoid a 'guilty' MP to avoid disqualification, as provided for in the Federal Constitution who punishes those convicted of a criminal offence and sentenced above a certain limit. So, for politicians and even public servants, compounds should not be available - and the determination of suspected offenders should be justly dealt by courts. NO DEALS to avoid trial, conviction or sentences to any politician. What is the position of the various coalitions?

There is MUCH UNKNOWN of what parties/coalitions are really committed to > Election Manifestos alone is not enough, as we need to confirm whether the same is confirmed in the public positions taken by political parties themselves, who are part of the Coalitions.

Without stands on such basic issues, how can we even expect the various coalitions to come together - in fact, on the face of it, the position adopted by most is the same - uphold the Federal Constitution and the principles therein contained.

Our coalitions have also taken stance that the support Capitalism, or they support Socialism...

They have certainly not taken the position on FREE TRADE - an impossibility when our constitution provides for special preferences for certain identified ethnic groups. So, the only position may be that we support Free Trade provided that it is not in violation of Malaysian Federal Constitution --

As it stands, it looks that most coalitions are the same - based on past actions. Their manifestos are vague, and really not binding - and what is in manifestos are not clear present party positions.

PAS - well, they have run State Governments > is there any substantial difference in their method of governing from States governed by BN and PH? Remember, they all have also spoken out against corruption and abuse of power - they all say BERSIH, CEKAP and AMANAH...

End of the day, what really is the problem of these Coalitions being part of a UNITY government or a Coalition government? Maybe it just problems between personalities Anwar, Muhyiddin, Hadi, Guan Eng .... well, if the problem is individual personality related issues...can we not overcome this?






Wednesday, November 23, 2022

MPs decide, not parties, as to who is Prime Minister? Maybe Nacy Shukri, Azalina Othman or Hannah Yeoh ought to be PM? Reformasi of the MPs?

All that is needed to become Prime Minister is the majority support of the elected Members of Parliament(MPs) - it does not need the support of political parties. MPs in Malaysia really should become and act more INDEPENDENTLY - and now just listen to the orders/decisions of party or really a few selected leaders. MPs choose the MP you have confidence to be the Prime Minister - it need not be Anwar, Muhyiddin or any party leader, it can be any MP. What about Nancy binti Shukri or Azalina Dato' Othman Said or Hannah Yeoh  as Prime Minister of Malaysia? 


Political parties/coalitions are not chosen to the peoples' representatives - it is you the person who has been democratically elected people to be the peoples' representatives. Now, do your job as MP - do not simply follow party orders - MPs, THINK for yourself as to what is good for Malaysians 


REFORMASI is needed here. Now, Malaysian MPs really do not have to think or express their own views/opinions - they,most of them, choose to just listen to their party leadership - and that is why MPs may be 'present' in Parliament, but really not be actively taking part in the parliamentary debate. Why? Because they 'loyally' cannot express own views/positions, and must vote as party orders >> hence, effectively they are not TRUE peoples' representatives. Remember Malaysians vote for human persons to be their representative in Parliament - not to be party leader's representatives??


(2) The Cabinet shall be appointed as follows, that is to say:

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and

So, NOW MPs have to simply decide who they will 'give their confidence' to be Prime Minister > and tell the King. Remember, if and when any Prime Minister does something to cause the loss of confidence, they can always remove their support, and simply choose another...



URGENT - Thanks to former PM decision to call for GE15 at the end of the year, without first getting the BUDGET passed puts Malaysia in a very precarious position. Now, the new PM will have to rush and put forward a BUDGET and get it passed before the end of the year, failing which government expenditure may come to an end and salaries of public servants stop, payment of utility bills stop, etc... So, this is VERY URGENT


BN takes an interesting stance to not join any coalition and form a government - a unity or coalition government. By deciding just to remain in Opposition, BN chooses to maintain its identity and ideology.


If the BN or any other parties join the PH or PN to form a government, they may also be seen as responsible for all decisions/actions made by that government. By BN joining PN Plus in government past, they are responsible also for all BAD decisions and actions of that government. If they later claim that they were against this or that, then people will ask why did you not speak out or act against it?

The fact in Malaysia, is the negative effect of any political party joining an legal coalitions like BN, PH and PN - the result is that the individual party will likely lose its own identity, own agenda and ideology it stands for > so why not just dissolve your party and be members of that one new party, be it the BN, PH or PN?

Electoral Pacts are reasonable to improve chances in elections - to prevent fighting each other thus uniting against common enemies, but more than that may confuse supporters..Forming joint governments is OK > where the parties may agree on certain matters, but then take a public opposition position on matters that are in violation of their party positions...GERAKAN, for example was a significant party, but after it joined BN - the party lost its identity. It now also takes the blame for 1MDB, SRC, Lembaga Tabung Haji, Abuse of Power, Corruption of the leaders .. 

A MINORITY GOVERNMENT is no big deal - after all what we really talk about as 'government' is normally meant simply the Prime Minister and his/her Cabinet(The Executive) - All other MPs, irrespective of coming from the same party as PM or Cabinet Members are not supposed to be TOTALLY IN SUPPORT of the Executive - they have the duty of being a CHECK AND BALANCE to the Executive(PM + Cabinet) and they play this role as OPPOSITION(for MPs not from same party as PM + Cabinet members) and BACKBENCHERS(for MPs from the same party as PM or Cabinet members) 

BN, despite being part of government since Sheraton Move and had a PM from BN itself seems to have suffered in GE15 - but not PN. If BN was part of Opposition, playing a critical 'check and balance' role of the government of PN(BERSATU and PAS as main partners), they may have fared better - of course, the failure to hold an UMNO Elections and the removal of the 'court cluster' also had a significant effect as Najib was convicted and failed all its appeals, and UMNO leadership was still talking about 'Boss Ku" and political persecution > well, the fact that the cases were covered by media also allowed the public to know some of the evidence and they did not buy it. 

PN(BERSATU and PAS and the rest) suffered less as they always took the position that they will never interfere in the court process - maybe.

Both the role of the Opposition and Backbenchers is SIMILAR - they are the Check and Balance for the Executive - making sure there is no abuse of powers, no bad laws, etc... Sadly, in Malaysia, the Backbenchers may have failed in this DUTY by simply being total defenders of the Executive(PM+Cabinet)..,

Now, in Malaysia, there is still feelings based on prejudice - PN(BERSATU, PAS,...) leaders partially to blame by some statements made just before GE15 - but really PN is also a multi-racial multi-religious coalition just like PH and BN.

Some party leader's statements based on religious or ethnic matters really must not make us believe that all (or the majority) in the said party hold the same view - There are really good people in all parties and coalitions, just like there are also bad ones. It is the duty of the VOTER to really start to look at the personality of candidates rather than just the party.

GPS - well that coalition really will end up joining anyone that becomes government - they are more concerned about Ministership and Cabinet positions really, but they really must analyze why despite being in government, the problems of the people of Sarawak and Sabah remain - was it the failure of GPS and/or Sabah parties in government themselves? Were they most interested in Ministerial powers, rather than the people of Sabah and Sarawak? State MPs should not be interested in Ministerial positions and power BUT the betterment of the life of the people, especially the poor and marginalized in their State.

Other States sadly have not pushed for the better good of the people of their State, as obviously past governments have really been focusing more on Klang Valley. Just take public transport, it really is not in existence in many other states(or have not been improved at all) - In Temerloh, we do not even have regular town bus services, or inter-town services - WHY is that? Many have to get their own transport - and the use of GRAB(if it even exist) is simply too expensive for the normal lower earning people of the east coast states.

Overcoming poverty and improving conditions in Sabah and Sarawak is important - but same applies to most east coast States and some other States. The Federal government is responsible for ALL in the Federation and resources should make better life every where even in the small rural kampungs and towns.

FIRST, the MPs must decide on the best candidate that will be the PM > and this decision must be sincere, and given on condition of positions on Cabinet or GLC appointments.

SECOND, the PRIME MINISTER must be given total freedom to choose his/her Cabinet members > and he should choose the BEST with the capacity to do their JOBs - and not simply place anyone to fulfill demands of parties or MPs. Look at the past Cabinet(extremely large Cabinet) >> how many of the Ministers are really capable to carry out their duty and functions as Ministers (or Deputy Ministers) - just call them for a Q&A with the people, and ask them questions - I believe many will choose to avoid, simply because they can only just deliver speeches in Parliament that have been prepared by the officers in their Ministries > they may not have the understanding or the knowledge needed to be Minister???



(2) The Cabinet shall be appointed as follows, that is to say:

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and

(b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament;

The constitution is clear on this it is the PRIME MINISTER alone that decides on the Ministers - not his party, not his coalition, not other parties that demand positions in return of 'confidence' required to be Prime Minister  

Given our situation, the Prime Minister really ought to appoint the LEAST number of Ministers needed > and not a very large Cabinet.

Remember, the King's executive power flows to the Cabinet (not the Prime Minister) - so all decisions are really Cabinet decisions. The only exception is if the power is specifically bestowed on the Prime Minister, of some Minister or others according to law...

39  Executive authority of Federation (FEDERAL CONSTITUTION)

The executive authority of the Federation shall be vested in the Yang di-Pertuan Agong and exercisable, subject to the provisions of any federal law and of the Second Schedule, by him or by the Cabinet or any Minister authorised by the Cabinet, but Parliament may by law confer executive functions on other persons.

Now, the Cabinet is responsible for the exercise of Executive Powers - so, when will the members of the Cabinet when the abuse of powers and 'corruption' happened with regard to SRC, 1MDB, Lembaga Urusan Tabung Haji, CHARGED IN COURT as accomplices of these crimes? 



Sunday, November 20, 2022

Hung Parliament - An opportunity for MPs to break away from 'feudalistic party culture" and become true democratic and relevant MPs the people need at last?

The GENERAL ELECTIONS(PRU15) is over, and we find ourselves in a situation where NO coalitions have managed to get simple majority.  

I do not see this as NEGATIVE but really an OPPORTUNITY for us to finally move towards a MORE MATURE PARLIAMENT, and a liberation of MPs from the chains that bind their freedoms, where today, in Parliament and outside, Malaysian MPs of certain parties/coalitions are not FREE to express their own opinions/views, if it is different from the Party's views(or really the party leadership's views)

After elections, the next step is for the identification and appointment of a Prime Minister > the burden falls on all Members of Parliament(MPs). Who, amongst the MPs elected, do you have confidence to be the Prime Minister? Maybe, Muhyiddin and Anwar may want to step aside - and we should think of another MP for PM

It does not mention anything about expressing support of any 'political party' or political coalition that the candidate comes from?

You maybe be confident in someone being a Prime Minister > but then you may not support his/her every views/position on most matters - that is OK

He does not say that you must thereafter LISTEN and FOLLOW the views/directions of the Prime Minister? YES, at the end of the day, look around and just decide who you 'have confidence to be Prime Minister' - FULL STOP. 


(2) The Cabinet shall be appointed as follows, that is to say:

(a) the Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representatives who in his judgment is likely to command the confidence of the majority of the members of that House; and

(b) he shall on the advice of the Prime Minister appoint other Menteri (Ministers) from among the members of either House of Parliament;

So, the question for ALL elected MPs is simply this - Who do you have confidence to be Prime Minister today? 

Remember, that Malaysia is supposed to be a DEMOCRACY - and every MP has their freedom of opinion, freedom of expression, and the freedom to support Bills or take position on matters irrespective of what your political parties'(or leaders') views or position are on the subject matter. You act according to your personal views/position, for what you consider is BEST for Malaysia and its people. The FEUDALISTIC Culture that exist in some political parties must END, which is today practiced by the use of "Party Whips' and a narrow thinking that if you have a different position from your leaders, you will be at RISK of being expelled from the party. Such THREATS and practices are undemocratic.

Remember, today you may have confidence on so and so to be PM, but tomorrow, you may lose confidence on that person > and our Constitution clearly states that anyone who ceases to have the confidence of the majority of MPs must go... and a new PM will be appointed.

Now, our constitution says that it is the Prime Minister that chooses his Cabinet members, and he must be FREE to do this. The Prime Minister should not be PRESSURED by his/her party or coalition members to appoint so and so to be Minister, or to allocate a certain number of Ministership to this and that party. 

WHY? At the end of the day, all BLAME and PRAISE falls on the Prime Minister personally, and we have seen 'unqualified' MPs/Senators being appointed to the Cabinet by reason of 'deals', 'threats', etc. Even if an MP from the same party/coalition is not chosen the Prime Minister to be a part of the Cabinet(the Executive) > they still play a most important role as a 'check and balance' to the PM and Cabinet > The 'Backbenchers' in Parliament. 

Sadly in Malaysia, we have seen that most of the time the Backbenchers fail in this role - and end up always supporting the decisions of the PM and the Cabinet.

Remember that EXECUTIVE POWER is with the Cabinet, save for specific powers granted to the Prime Ministers or some Ministers in the law of the land. 

PM, of course, retain the power to remove his/her Cabinet members, as it was stated earlier, that the RESPONSIBILITY of the actions or omissions of his/her Cabinet, falls on the PM - who has ALL the power to decide who is in his team - EXECUTIVE. So, when a PM is forced to include this and that person into the Cabinet, it can lead to 'ineffectiveness' of the Executive, as good ideas/proposals of the Prime Minister can always be shot-down by people in his/her own Cabinet. Remember, the Cabinet is the TEAM that the PM chooses - and so, stop forcing the Prime Minister to appoint this and that person into Cabinet with the THREAT to withdraw support if that does not happen

Now, the Sabah and Sarawak MPs are talking about a 'BORNEO coalition" and have indicated that they will join any party forming the government if they are willing to satisfy the demands of Sabah/Sarawak - This is SO WRONG. MPs, first of all, are concerned about the good and well-being of Malaysia and Malaysians, not really the States they hail from. This is a form of 'forced deal' or 'threat' or 'compromise' that we must get rid of.

Now, there are Anwar Ibrahim and maybe Muhyiddin Yassin who are out there wanting to be PM > this really does not matter, as ALL the MPs decide, and they can decide on some other MP to be Prime Minister.


Well, you end up being DISQUALIFIED as an MP, forcing a By-Elections, ONLY if you leave a political party or join a political party after elections. But, you do not get DISQUALIFIED if your own party 'EXPELS' you.

So, do not leave your party and express confidence in a PM Candidate, you believe is capable  > Let's not be selfish and do the needful for Malaysia NOW for fear of being expelled or 'sidelined' by the party?

Most important now, is the BUDGET or Financial Bills, for if it is not passed by end of 2022, there will major problems in the country as the tap is closed.

Will a VOTE amongst MPs help - where who each MP votes for will remain a SECRET?

Pahang & Perak - I am not sure whether these States have an anti-hopping law in force? Remember, the Federal law really only is about MPs -- must check again? 

So, focus on our elected MPs - are you men or women of principles and value BRAVE enough to do what is needed for the good of Malaysia, Malaysians, justice and human rights? OR would you remain 'loyalist' or 'YES MEN" to party leaders, who choose to willingly jump when told to, bark when told to... REMEMBER many Malaysians really do not even 'respect' MPs in Malaysia - no one even LOBBIES MPs to raise any issue or push any position ...and this is, amongst others, because many Malaysian MPs are really 'puppets' of the party or leadership > who is afraid to take positions against their leaders or is it just leader?

The dawn of CHANGE is here in Malaysia - where MPs can truly become relevant >> MPs who will express views/opinions (even if different from their party or leaders), MPs who will VOTE for what they consider right (and fearfully listen to the party).




Friday, November 18, 2022

Asset declaration should be a yearly affair, not only during election season(Focus Malaysia)

Asset declaration should be a yearly affair, not only during election season

A LAWYER-cum-human rights activist has described the one-off pre-GE15 (15th General Election) asset declaration as “foolish and merely a political gimmick” that does not serve its intended purpose – unless of course, such exercise is done on a regular basis.

Charles Hector contended that some politicians also failed to understand the main reason behind such exercise which is simply a form of assurance that once in power, elected representatives would not engage in power abuse or corrupt practices to accumulate wealth through illegal means for themselves, family members or associated companies.

“Sadly, the then Barisan Nasional (BN) and later Pakatan Harapan (PH) and Perikatan Nasional (PN) governments never seem to ask for a second, third or later asset declaration … hence, the very purpose of asset declaration as a check and balance (tool) against power abuse and corrupt practices failed,” he lamented in his latest blog.

Charles Hector

“It is useless if asset declaration is not done regularly (at least annually) after they (candidates who win in an election) are elected or appointed as state/federal cabinet members.”

Hector is of the view that the first asset declaration should instead happen immediately after they election candidates get elected (or have obtained power).

“This is not to determine how rich and poor the politician or his/her family are but just an honest declaration of wealth/assets when they first come into power,” justified the -founder of Malaysians Against Death Penalty & Torture (MADPET) movement.

“When the second asset declaration happens – best not later than in a year – it will allow the people to compare with the first asset declaration. We need to see whether they have become richer over and above their salary/allowance as MP/state assemblymen/state or federal cabinet members … If they have, then there is likelihood of abuse and corrupt practices.”

“Then the third, fourth and fifth asset declarations until the day they are no longer in power as people’s representatives or member of government,” added Hector.

Towards this end, Hector proposed that a law should be enacted to require asset declaration for all elected MP/state assemblymen or individuals appointed as senators (or executive councillors in local governments) as well as those appointed as members of state/federal cabinet.

“The declaration must be made to the people of Malaysia – not just the prime minister or Parliament or some departments. A failure to make such declaration must be made a crime,” he suggested.

“A false declaration must be treated as an even more serious crime with higher penalties. All must be disclosed including secret overseas bank accounts and assets.” – Nov 16, 2022, Focus Malaysia


Pahang/Perlis peluang merasai kerajaan baru, selain daripada BN, dalam GE15? Rakyat berkuasa - bukan lagi parti atau ahli politik?

Selepas GE14, dua negeri iaitu Pahang dan Perlis kekal negeri kerajaan Barisan Nasional - ini bermakna rakyat kedua negeri ini sejak MERDEKA tidak pernah merasai kerajaan selain daripada BN.

PAHANG - di bawah pentadbiran kerajaan BN, kita telah mengalami kesan atau risiko LYNAS, perlombongan Bauksit, Perlombongan Emas di Raub. Semua projek ini telah mengakibatkan risiko kepada alam sekitar dan kesihatan rakyat kecuali LYNAS. Bantahan terhadap LYNAS nampaknya hanya kerana kemungkinan risiko proses mengilang 'rare earth' - ketakutannya hanya kerana sejarah Bukit Merah, tetapi sehingga kini tidak ada lagi apa-apa kesan nyata kepada kesihatan atau alam sekitar dari Lynas.

Hutan dan alam sekitar - kita mengenang kempbali bahawa kerajaan Pahang telah membenarkan pembalakkan hutan berhampiran kampung melayu, di mana jika berlaku ada kemungkinan besar kesan kepada kawasan tadahan air, haiwan/burung hampir lupus, perniagaan/pendapatan orang kampung berdekatan yang bergantung kepada air bersih yang disalurkan dari kawasan hutan terbabit untuk air minum dan juga perniagaan membela ikan.

TEMERLOH - pada satu masa, ia mendapatkan hadiah 'bandar tercantik' tetapi selepas itu nyata bahawa keadaan bandar tersebut semakin lama jadi teruk - jalan berlobang, tak bercat, papan tanda dan juga pagar pemisah sudah karat lama takpun di cat...

PERKHIDMATAN BAS - dulu dari Temerloh ke Mentakab, ada bas setiap 20-30 minit, tetapi sekarang tunggu berjam-jam pun tak ada bas. Kebanyakkan 'bus-stop' pun tidak dijaga dengan baik, dll. Kenapa kerajaan Pahang BN tidak memastikan rakyat Pahang ada perkhidmatan bas yang baik, bukan sahaja di kawasan bandar tetapi juga ke bandar berdekatan. Mahu pi Hospital pun susah, kerana tiada perkhidmatan bas kerap. Nak pi Balai polis pun susah. Kerajaan Pulau Pinang dan Kerajaan Selangor nampaknya telah lama, selepas kerajaan itu tidak lagi di bawah BN, mula menyediakan perkhidmatan Bas..

KERETAPI - tiada pun perkhidmatan shuttle di Pahang. Keretap ekspress dari selatan ke Utara, dahulu berjalan 2 kali sehari - kini hanya satu kali, dan jika dari stesen Mentakag, ianya pada 3 atau 4 pagi. Kalau tak ada orang jemput dekat stesen, tak ada pun perkhidmatan bas atau teksi.

Keadaan di Negeri Pahang merosot atau kekal sama beberapa dekad walaupun dari Pahang, kita sudah ada 3 tokoh yang pernah jadi Perdana Menteri.

Adakah keadaan ini kerana BN 'confident' rakyat Pahang akan sentiasa menyokong BN - justeru tak perlu banyak usaha memperbaharui atau menambahbaik keadaan di bandar-bandar dan kawasan lain di Negeri Pahang?

Mungkinkah kerajaan bukan BN, sama ada PH atau PN akan mengubah keadaan di negeri Pahang?

Apa yang jelas adalah bahawa kerajaan baru akan kemungkinan besar mendedahkan 'raksia kotor', penyalahgunaan kuasa, korupsi dan lain-lain kerajaan terdahulu? Berapa banyak wang rakyat Pahang telah 'di curi' ahli politik atau ahli kerajaan Pahang? Saya mahu tahu...

Jika PAHANG, iaitu rakyat Pahang sendiri, memilih kerajaan lain dalam GE15 - tidak ada mana-mana parti sama ada BN, PN, Pejuang(GTA) atau PH akan memandang rendah rakyat Pahang selepas itu - mereka akan membuat TERBAIK untuk menarik sokongan rakyat Pahang atau Perlis, kerana yang akan berkuasa selepas itu adalah RAKYAT - bukan lagi ahli politik atau mana-mana parti/koalisi?

Jika kerajaan tidak bagus kepada rakyat, PRU akan datang rakyat Pahang akan tukar ...justeru, RAKYAT BERKUASA -  tidak ada mana-mana calun atau parti akan CONFIDENT mendapat sokongan rakyat gitu saja.

Penduduk lima kampung bantah pembalakan di hutan simpan

ROSMANI (dua dari kiri) membuat laporan polis di IPD Jerantut membantah kerja awal pembalakkan di kawasan Hutan Simpan Jerantut Tambahan (Kompartmen 1). FOTO ROSELAN AB MALEK
ROSMANI (dua dari kiri) membuat laporan polis di IPD Jerantut membantah kerja awal pembalakkan di kawasan Hutan Simpan Jerantut Tambahan (Kompartmen 1). FOTO ROSELAN AB MALEK

Jerantut: Penduduk lima kampung di sini merayu Menteri Besar Pahang Datuk Seri Wan Rosdy Wan Ismail mempertimbang dan mengeluarkan arahan projek pembalakan di Hutan Simpan Jerantut Tambahan (Kompartmen 1), Mukim Pedah, dekat sini dihentikan serta-merta dan dikaji semula.

Pengerusi Jawatankuasa Bantahan Pembalakan Mohd Rosmani Md Sharif, 41, berkata, pembalakan itu menyebabkan kemusnahan alam sekitar di Kampung Bharu, Sungai Badak, Lata Kasah, Binjai dan Sungai Par membabitkan kira-kira 1,500 penduduk.

Katanya, projek pembalakan itu memusnahkan eko-sistem di kawasan itu dengan berlakunya pencemaran air sungai, hakisan tanah serta flora dan fauna terjejas.

Bisu berkata, ia turut memusnahkan habitat haiwan dan unggas untuk berlindung serta menjejaskan sistem saliran yang turut membawa bencana seperti banjir di kawasan sekitar.

"Kami membuat bantahan secara bertulis dan dihantar kepada pejabat Menteri Besar Pahang dan turut dipanjangkan ke Pemangku Raja Pahang, " katanya ketika ditemui selepas membuat laporan polis di Ibupejabat Polis Daerah (IPD) Jerantut, hari ini.

"Surat bantahan bertulis itu diterima oleh Menteri Besar Pahang pada 29 September 2020 dan KDYMM Pemangku Raja pada 3 Disember 2020," katanya.

Mohd Rosmani berkata, pihak kontraktor sudah menjalankan kerja awal pembalakan pada 22 Januari 2021 tanpa mengambil kira pandangan penduduk.

"Tiada sebarang perbincangan dengan pihak kami dan tidak pernah menerima sebarang jawapan daripada pejabat MB Pahang berkaitan bantahan yang dibuat," katanya.

Sementara itu dalam perkembangan berkaitan, Ahli Dewan Undangan Negeri (ADUN) Kawasan Damak, ZuridanMohd Daud berkata, isu itu sudah beliau sampaikan ke makluman pihak Menteri Besar.

"Saya harap ada perbincangan dengan cara terbaik, demi faedah kedua pihak, agar situasi menang-menang boleh diperolehi.

"Sebagai wakil rakyat, saya perlu menerima makluman dan rayuan orang ramai khusus dalam kawasan Damak dan keperluan itu ada asasnya kerana sebagai tempat tadahan air dan juga kawasan tarikan pelancong seperti aktiviti mendaki Bukit Panau serta terdapat kegiatan penternakan ikan kolam penduduk yang mungkin terjejas," katanya.