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...
What 3R issue did Mukmin, who
highlighted plight of Bajau Laut, justify the usage of Sedition Act?
When Sedition Act used, inform suspect
of which of the Section 3(1) seditious tendency it is, not just the Section 4
offence that is vague
When Human
Rights Defender Mukmin Nantang, that highlighted the recent Bajau Laut
evictions, was arrested and investigated under Sedition Act, was it about the 3R issues (rulers, race,
religion) or some other offence under the Sedition Act?
If anything,
it may be a criticism of the State authorities that were responsible for the questionable
eviction of hundreds of Bajau Laut people from their homes in the Semporna
district in Sabah, where houses were also burned by the authorities.
The
government has assured us that Sedition Act would only be used for 3R issues
(rulers, race, religion), not for criticism of government.
Prime
Minister Anwar Ibrahim said in September 2023 that "I do not agree that the Sedition Act should be used against those who criticize
the prime minister and the government, but we will not tolerate anyone who
tries to incite or slander to the point of touching on the 3R issues (rulers,
race, religion) ... let the police take action.” (Malaysia Now, 4/9/2023)
So, did the
police act use the Sedition despite the government assurance that it will not
be used safe for when it concerns 3R?
MADPET
(Malaysians Against Death Penalty and Torture) has previously called for a
moratorium on the use of the Sedition Act pending abolition.
At least a moratorium on the use of the Act save for 3R issues.
Clearly assurance or vague representations by the Prime Minister or government is
not enough to stop the police from using the Sedition Act not just for 3R
crimes.
A suspect right to know
the specific section of the Act violated – just saying Sedition Act is wrong
When the
police arrest, it is required that the police inform the suspect CLEARLY what the
alleged offence is including under what Section of a particular Act. The police
cannot simply say vaguely under that the offence is investigated under an Act
like Penal Code or under Sedition Act.
‘He [Sabah Police Commissioner Datuk Jauteh
Dikun] added Mukmin was investigated
under the Sedition Act on issues relating to the demolition of squatter homes…’(Star,
28/6/2024) Media reports perused just says ‘Sedition Act’ without mention of
which section was breached, or whether It was sedition against royalty, or
concerning race or religion.
Article 5(3)
of the Federal Constitution states, ‘Where a person is arrested, he shall be
informed as soon as may be of the grounds
of his arrest…’, and this means that one has to be informed of what law
he/she broke – which section and which Act. Just saying ‘on issues relating to the
demolition of squatter homes’ is not good enough. A suspect has the right to
know what exactly what is the offence for which he/she is being investigated.
Police cannot
simply arrest people, and only later after investigation decide on what is the
crime and under which provision of the law.
Saying offence under
Section 4(1) not enough - Tell the suspect which seditious tendency under Section
3(1), i.e. about King/Rulers, Race or Religion?
For Sedition Act, which criminalizes seditious
tendencies just stating that he is being
investigated under even section 4(1) is INSUFFICIENT, the police need to go further
and say which seditious tendency with reference to Section 3(1) and inform
the suspect or witness whether the "seditious tendency" is a tendency
(a) to
bring into hatred or contempt or to excite disaffection against any Ruler or
against any Government…(c) to bring into hatred or contempt or to excite
disaffection against the administration of justice in Malaysia or in any State;…(e) to promote feelings of ill-will and
hostility between different races or classes of the population of Malaysia;
Section 4(1) is
VAGUE simply says, that ‘(1) Any person who-(a) does or attempts to do, or makes any preparation to do, or conspires
with any person to do, any act which has or which would, if done, have a seditious tendency;(b) utters any seditious words;…’ which is just too general, and leaves the suspect or witness in the dark as
to whether it is about any of the 3R issues or something else altogether.
What exactly is
the ‘seditious tendency’ or ‘seditious’ talking about with regards the offences
under Section 4(1)? Was it about causing disaffection with the King or
promotion of ill feelings between races?
Suspect or
witness entitled to CLARITY of the offence being investigated.
Thus, police shall tell the suspect or witness, what Sedition Offence is,
and what exactly is the seditious tendency he/she is being investigated on with
reference to Section 3(1)
MADPET reiterates its call for the REPEAL of the draconian Sedition Act.
If there is still a need, enact more new laws to deal with the 3R issues, since
there already exist laws in the Penal Code and other laws that already deal with
the 3R (royalty, race, religion) issues.
MADPET calls for the government to impose an immediate MORATORIUM on the
use of the Sedition Act pending repeal.
With regard
the alleged injustice that has befallen
the Bajau Laut community, who are also ‘Bumiputra’ or natives of Sabah, the
government must immediately stop the eviction that displaces these people from
their homes, sources of income and livelihood. No eviction until proper
investigation to ensure that their Human Rights are respected. Wrong to
evict without provision of an alternative place to live, which the affected or
displaced community can agree to.
Charles Hector
For and on behalf of MADPET(Malaysians Against
Death Penalty and Torture)
KOTA
KINABALU: Activist Mukmin Nantang, who has been vocal on issues related
to the Palau and Bajau Laut communities, was summoned by the police to
give his statement.
He was, however, released on police bail at around 1.20pm yesterday after he gave his statement to the Semporna police.
Sabah
Police Commissioner Datuk Jauteh Dikun confirmed that Mukmin was
brought in for questioning and was released on police bail after his
statement was recorded.
He added Mukmin was investigated under the Sedition Act on issues relating to the demolition of squatter homes.
It
is believed that Mukmin was brought in for questioning over comments he
made online about the eviction of the Bajau Laut settlements in
Semporna previously.
Hundreds of illegal Palau and Bajau Laut
settlements, built on state land and gazetted marine park areas, were
demolished during the operation.
When contacted, Mukmin said he
was called in to facilitate a probe under the Sedition Act in relation
to a TikTok video that allegedly linked him with the Bajau Laut
community.
“That
video that was uploaded does not belong to me. I cannot specify which
video this is because it will affect investigations,” he added. - Star, 28/6/2024
Zero tolerance for acts of incitement, says Anwar
The
prime minister says he does not agree with the use of the Sedition Act
on those who criticise the government, but that attempts to incite the
people using the 3R issues are not acceptable.
Bernama
2 minute read
The
government will not tolerate any attempts to incite the people to cause
divisions among the races, says Prime Minister Anwar Ibrahim.
Anwar said he was not afraid and was open to criticism, but that
inciting the public to create conflict in the country's multiracial
society was not acceptable.
"I do not agree that the Sedition Act should be used against those
who criticise the prime minister and the government, but we will not
tolerate anyone who tries to incite or slander to the point of touching
on the 3R issues (rulers, race, religion)... let the police take action.
"You can criticise anything and anyone... but if you use sentiments,
incite the Malays to hate the Chinese, incite people to use religion to
accuse others of infidelity... I stress that I will not tolerate it," he
added at the Madani Unity ceramah in conjunction with the Pulai
parliamentary by-election at Taman Uda Utama, Perling, last night.
The event was also attended by Amanah president Mohamad Sabu, Johor
Menteri Besar Onn Hafiz Ghazi and the Pakatan Harapan (PH) candidate for
the Pulai parliamentary seat, Suhaizan Kaiat.
Anwar, who is also PH chairman, said the people must reject parties that only play up politics of hatred and extremism.
He said they rely on the sentiment that DAP is preventing the
government from helping the people, especially the Malays, whereas DAP
had always supported all initiatives for the people regardless of race.
"DAP is with PH. If DAP rejects the Federal Constitution, we (PH)
will fight it (DAP), if it does not accept Islam as the federal
religion, we will oppose… but instead, they accept," he said.
Meanwhile, Anwar said the government would continue to govern the
country based on the Madani Economy to safeguard the welfare of the
people, even if the initiatives introduced are rejected or belittled by
the opposition.
"Because we made these changes (policies and initiatives to help the
people) they (the opposition) can't stand it... they want to say that we
(the government) are not doing our work, when they know we are doing
it.
"They can continue to dream of taking over the federal government, at
a time when the unity government continues to work to save the country
and the people with the Madami Economy (framework)," he said.
Anwar also said that the government would prevail for the full term
based on the performance of the economy and the influx of new foreign
investments into the country.
He said the success achieved in over eight months since the formation
of the government was the result of the focus and energy of all parties
involved.
The by-elections for the Pulai parliamentary seat and Simpang Jeram
state seat follow unexpected vacancies due to the death of the incumbent
Salahuddin Ayub, who was also the domestic trade and cost of living
minister, on July 23.
The by-elections will be held simultaneously with early voting on Sept 5, followed by polling day on Sept 9. - Malaysia Now, 4/9/2023
Activist who exposed eviction of Bajau Laut community nabbed for sedition
Mukmin Nantang, the founder of Borneo Komrad, has been released on police bail, Amnesty International Malaysia says.
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PETALING JAYA: An activist who highlighted the
plight of the indigenous Bajau Lau community was arrested by Sabah
police today, a move that was criticised by a local chapter of an
international rights group.
Mukmin Nantang, the founder of Borneo Komrad, was released on police bail later, Amnesty International Malaysia said.
It is understood that Mukmin is being investigated for sedition.
Amnesty International Malaysia slammed the
arrest, describing it as an attempt to intimidate and silence activists.
It said the use of the Sedition Act was a blatant violation of freedom
of expression.
“The government has an obligation to protect human rights defenders, not arrest and attempt to intimidate (them).
“The repressive Sedition Act has no place in
Malaysia and goes against Prime Minister Anwar Ibrahim’s
administration’s own commitments to repeal draconian laws curtailing
freedom of speech,” its executive director, Katrina Jorene Maliamauv,
said in a statement.
Maliamauv urged the authorities to drop the
investigation against Mukmin and called on the Sabah government to end
the crackdown on human rights activists and the Bajau Laut people.
On June 25, Sabah police said it would be
questioning Mukmin in connection with videos depicting the demolition of
Bajau Laut homes.
The eviction of the Bajau Laut
community in Semporna, Sabah, earlier this month saw their stilt homes
torn down in an operation that apparently targeted those living on seven
islands in the region, including Pulau Bohey Dulang, Pulau Maiga, Pulau
Bodgaya, Pulau Sebangkat and Pulau Sibuan.
Mukmin was reported as saying that men had
arrived at the Bajau Laut community’s homes on June 4, and demolished
and burnt their homes to drive them out.
Borneo Komrad also shared several videos of
the alleged evictions on X, one of which showed several men pushing a
dilapidated house until it collapsed.
However, Sabah tourism, culture and
environment minister Christina Liew said the operation was carried out
because of safety concerns following a shooting incident in Teluk Darvel
and cross-border criminal activities in the area. - FMT, 27/6/2024
Bajau Laut tribe’s conflict with the Sabah govt: It’s about more than just houses
Predominantly
dwelling in the waters of South-east Asia, notably in the Philippines,
Malaysia, and Indonesia, the Bajau Laut, often dubbed the ‘sea nomads’
or ‘sea gypsies’, are celebrated for their extraordinary diving prowess
and profound affinity with the ocean. — Photo by Borneo Child
Aid/https://www.flickr.com/photos/borneochildaid-org/4977112154/
KUALA LUMPUR (June 29): The recent uproar in Sabah surrounding the
Bajau Laut tribe, sometimes known as the Pala’u has thrust this often
persecuted community back into the spotlight.
The latest conflict between the state and the Bajau Laut in Sabah centres around the tribe’s eviction from their home.
But this latest episode goes back a long way and really highlights
the challenges to indigenous rights as well as the state’s guardianship
role.
Who are the Bajau Laut?
Predominantly dwelling in the waters of South-east Asia, notably in
the Philippines, Malaysia, and Indonesia, the Bajau Laut, often dubbed
the “sea nomads” or “sea gypsies”, are celebrated for their
extraordinary diving prowess and profound affinity with the ocean.
Traditionally, they inhabit houseboats or stilt houses erected above
the water, their livelihood hinging on fishing and foraging on marine
resources.
While some have transitioned to land settlements, others steadfastly
cling to their nomadic existence at sea. Both often walk blurred lines
of official residency of any nation.
Recent tensions flared when authorities undertook the demolition and
incineration of dwellings within the Tun Sakaran Marine Park on the east
coast of Sabah where they are sometimes shunned even by the local,
naturalised Bajau Laut who have taken up modern civilisation.
Why is the Sabah government going after them?
The Sabah authorities have a duty to fortify national security and
safeguard the environment. As such the move to evict squatters was a
response to the proliferation of unauthorised structures within the
marine park’s confines.
State Tourism, Culture, and Environment Minister Datuk Christina Liew
underscored that these actions were necessary to quell security threats
and curtail environmental violations.
However, the operation, encompassing regions around Bohey Dulang,
Maiga, Bodhgaya, Sebangkat, and Sibuan Island, underscored the myriad
challenges confronting the Bajau Laut community.
Clashes between nomads seeking a permanent home and the state
Many, despite the looming spectre of deportation, regard locales like
Semporna, Sabah, as their home, even though their stateless status
renders them susceptible to being labelled as illegal immigrants or
undocumented migrants.
Birth registrations are often foregone by wary parents, fearing
reprisal, thereby restricting their children’s access to education and
healthcare services.
While Indonesia and Malaysia have informally agreed not to detain
children while in school, they remain vulnerable to arrest beyond school
premises.
Criticism has also been levelled at the Bajau Laut for unsustainable
fishing practices, including blast fishing and cyanide fishing, which
inflict harm on marine ecosystems.
Furthermore, clashes over land rights, resource allocation, and encounters with local authorities have added to their woes.
Calls from human rights groups and NGOs echo for the cessation of
evictions in Semporna and for increased aid provision to the Bajau Laut.
Advocates stress the imperative of dialogue and negotiation to forge
sustainable solutions that uphold the dignity and well-being of this
resilient community. — Malay Mail, Borneo Post 29/6/2024
Well, this Saturday, there may be a Peaceful Assembly“Demo Rakyat Lawan Anwar” (Malay for “People Against Anwar
Administration”) - the organisers was reported saying that it will proceed.
The rally is
scheduled to take place this Saturday starting from 4pm to 6.45pm at the
public car park opposite the prime minister’s official residence at the
Putrajaya’s Seri Perdana Complex. Protesters have been told to wear
black to the protest which is aimed as a warning towards Prime Minister
Datuk Seri Anwar Ibrahim.
However, the police is telling people not to attend....
The police have advised the public against
participating in a rally planned to be held at the Public Car Park in
front of Seri Perdana Complex, in Putrajaya, this Saturday.
Kuala
Lumpur police chief Datuk Rusdi Mohd Isa said no permission has been
granted by the owner of the proposed venue, Putrajaya Corporation, to
hold the event as required under the Peaceful Assembly Act (Act 736).
Did the organisers give the required 5-day Notice before the planned exercise of the right of Peaceful Assembly? YES, THEY DID.
So, now what? Police says that they did not get the permission of Putrajaya Corporation... The law says that organizers must provide a '....copy of the consent of the owner or occupier of the place of assembly, if applicable...'
This is an ABSURD requirement - because the one's exercising their right of Peaceful Assembly for a particular matter SHOULD NEVER impose anyone else from taking a position. Owners of the place of intended assembly may not agree with the reasons for the peaceful assembly, or they may 'silently' agree but may be unwilling to give a SIGNED Consent - Why is the law requiring such an ABSURD thing? These owners may RESPECT peoples' right to peaceful assembly - so do not force them to give any written consent, which can be wrongly construed as their endorsement of the objects of the said peaceful assembly. Remove requirement of consent of owners of property...
Worse, this event is happening in a public space - that normally will come under the Local Council/Government? In the case of Putrajaya, it is the Putrajaya Corporation, which comes under the Minister responsible for the Federal Territory of Putrajaya, which is a Minister under the Prime Minister's Department - and the Prime Minister is Anwar Ibrahim
Perbadanan Putrajaya (PPJ) was established under the Perbadanan
Putrajaya 1995 (Act 536) for the purpose of managing and administering
the Federal Territory of Putrajaya.
Perbadanan Putrajaya is also entrusted with the functions of a local authority and local planning authority by various orders
BEST, if Anwar or Minister Zaliha Mustafa comes out fast and gives the required CONSENT of Perbadanan Putrajaya(the de facto Local Council/Government of Putrajaya) - UNLESS they are against Malaysians exercising their RIGHT TO PEACEFUL ASSEMBLY...more so when it is a protest against Anwar's government.
To date, PM Anwar has been silent ...to date other Pakatan Harapan leaders have been silent - DAP, Amanah, etc. Do they not support the RIGHT of Peaceful Assembly of Malaysians? We are not asking them to support the reasons or the objects of the said Peaceful Assembly - just the right to organize and participate in a Peaceful Assembly.
Is there a right of Peaceful Assembly in Malaysia?
POLICE - It was wrong for the police to tell people NOT to attend a Peaceful Assembly. They should be INDEPENDENT - not pro-government and not anti-government.
The police role should just be to ensure that the persons who want to exercise their right to Peaceful Assembly can safely exercise this right. Hence, police maybe will stop those who try to disrupt the exercise of this right.
5-day Notice must be abolished. Those organizing a Peaceful Assembly should just be encouraged to inform police - so that the police can PROTECT them when they exercise their FUNDAMENTAL RIGHT..
5-day Notice prevents a needed speedy response of people in Malaysia. Something happens, like in Gaza or even a 'sudden' tabling of a BAD law in Parliament. Note some laws are tabled and passed in less than a few days. So, people who wanted to protest by a Peaceful Assembly cannot exercise their right of protest BEFORE such laws are passed. Too late because of the 5-day notice requirement??
ABOLISH the Peaceful Assembly Act 2012 - which makes it SO DIFFICULT for people to organize Peaceful Assemblies in Malaysia.
The requirement for written CONSENT of the owner of the place of assembly must be removed. Other bad provisions too must go.
Organisers
of YB Viral’s anti-Anwar protest say will go ahead despite rejection by
Putrajaya local govt, tell cops to facilitate instead
(From
left) Tunku Intan Abdul Hamid (Dayangku Intan), YB Viral Aidil Yunus,
lawyer Muhammad Rafique Rashid Ali and Siti Zulaikha Olivia (Mak Iban
Olivia) during a press conference on the upcoming demonstration ‘Rakyat
Lawan Anwar’ in Kuala Lumpur, June 27, 2024. — Picture by Firdaus Latif
By Muhammad Yusry
Thursday, 27 Jun 2024 5:37 PM MYT
KUALA
LUMPUR, June 27 — Organisers of an anti-Anwar government rally planned
in Putrajaya this Saturday said today it will still go ahead despite the
police deeming it “illegal”.
Parti Pejuang Tanahair lawyer
Muhammad Rafique Rashid Ali, who is representing the organiser of the
“Demo Rakyat Lawan Anwar” (Malay for “People Against Anwar
Administration”) said the public is protected by the Peaceful Assembly
Act 2012.
“Any
assembly to express criticism and express opinions, that is allowed in
the legal process. Not only is it guaranteed in Article 10 in the
Federal Constitution, but it is regulated in Act 736, the Peaceful
Assembly Act.
“We thank the police in facilitating the process of
applying, but police’s responsibilities doesn’t stop there, they must
facilitate the protest,” he said in a press conference here.
The lawyer said the organiser will go to the court if there are any actions taken against them for the rally.
“There
have been past cases in court that sided with the organisers. We
believe this is a peaceful assembly. God willing, nothing will go out of
order,” he said.
Earlier today, Kuala Lumpur police chief Datuk
Rusdi Mohd Isa said the rally has been deemed illegal after failing to
obtain permission from the local authority Putrajaya Corporation.
Influencer
Aidil Yunus, also known as YB Viral, said he received an email about
noon today from Putrajaya Corp, in which the latter cited maintenance
works as the reason for not permitting the event.
But Aidil
instead criticised Putrajaya Corp, saying it is being funded by
taxpayers. Putrajaya Corp falls under the purview of the Prime
Minister’s Department.
Besides Aidil, organiser Demi Negara's
public faces also included 80s singer-turned-PAS influencer Dayangku
Intan (real name Tunku Intan Abdul Hamid) and Sarawakian activist Siti
Zulaikha Olivia, also known as Mak Iban Olivia.
The rally is
scheduled to take place this Saturday starting from 4pm to 6.45pm at the
public car park opposite the prime minister’s official residence at the
Putrajaya’s Seri Perdana Complex. Protesters have been told to wear
black to the protest which is aimed as a warning towards Prime Minister
Datuk Seri Anwar Ibrahim.
Organisers said the rally will demand
eight things from Anwar, who’s also the finance minister: Lowering the
price of diesel and keeping the price of RON95 and gas; restoring the
supply of local rice without increasing the price and defending the
plight of the rice farmers; handling drop-outs from Covid-19; and
addressing issues such as the cost of living, public health, equal
allocation for all lawmakers; and freedom of speech and economic
sovereignty. - Malay Mail, 27/6/2024
Cops warn public against joining anti-Anwar rally in Putrajaya as organisers signal defiance
Kuala
Lumpur police chief Datuk Rusdi Mohd Isa said no permission has been
granted by the owner of the proposed venue, Putrajaya Corporation, to
hold the event as required under the Peaceful Assembly Act (Act 736). ―
Bernama pic
Thursday, 27 Jun 2024 5:49 PM MYT
KUALA
LUMPUR, June 27 — The police have advised the public against
participating in a rally planned to be held at the Public Car Park in
front of Seri Perdana Complex, in Putrajaya, this Saturday.
Kuala
Lumpur police chief Datuk Rusdi Mohd Isa said no permission has been
granted by the owner of the proposed venue, Putrajaya Corporation, to
hold the event as required under the Peaceful Assembly Act (Act 736).
He said strict action would be taken against any quarters that attended the event.
According
to him, the police received a letter of notification from its organiser
last June 14 to hold the rally, but no permission was given by the
owner of the venue.
“The
landowner (Putrajaya Corporation) does not allow the assembly there and
we advise the organiser, known as Demi Negara, not to continue with the
assembly,” he told a media conference at the Brickfields district
police headquarters, here today.
Rusdi said the police had detected a viral video on the TikTok application inviting the public to join the rally.
The
police have received 85 reports regarding the issue and have opened an
investigation paper under Section 505 (b) of the Penal Code and Section
233 of the Communications and Multimedia Act 1998. — Bernama, Malay Mail, 27/6/2024
New Election Commission Chairperson: After hat-trick of broken promise by Unity Government, what is left for electoral reform?
The Coalition for Clean and Fair Elections (BERSIH) expresses our deepest disappointment in the Unity Government and Prime Minister Anwar Ibrahim for violating their election promise for the third time in appointing an election commissioner without undergoing Parliamentary committees.
This is done despite the chair of the Parliamentary Special Select Committee on Elections, Institutional Reform and Human Rights, YB William Leong, issued a statement on May 17, 2024 stating that his PSSC has agreed, and is ready, to review the appointment of the new Election Commission (EC) chairperson. The announcement went against the parliamentary committee’s wishes that the appointment should be done openly in consultation with the Parliament, and has undermined Parliament.
Worryingly, this appointment appears to have also breached Federal Constitution Article 114(1), which states that the Election Commissioner shall be appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers. As far as we know, there has been no Conference of Rulers meeting recently. Here is a question we put to the Prime Minister, “Did this appointment bypass the Conference of Rulers?”
BERSIH wants to remind both Pakatan Harapan (PH) and Barisan Nasional (BN), that they have promised in their manifestos (Buku Harapan and PADU) that all key appointments would be reviewed through the Special Parliamentary Committee, including Election Commission, the Malaysian Anti-Corruption Commission, and the Governor of Bank Negara.
We regret the lack of transparency in this appointment process. Nonetheless, we wish the new chairman Ramlan Harun the best in executing his duties to lead the commission. We hope that he has the will to implement electoral reforms, and will maintain an open door policy engaging with stakeholders from civil society. The new EC chairperson should also be bold and proactive to drive the electoral reform agenda including making the conduct of elections fairer especially given the rampant abuse of government resources during campaign period.
BERSIH will handover a memorandum containing the demands of urgent and necessary electoral reforms to the new EC leadership at Menara SPR (EC Headquarters) in Putrajaya in the near future after Sungai Bakap by-election. We trust the new EC chairperson will engage us in a professional manner as this will be a litmus test whether the new EC leadership is keen on the reform agenda or not.
This announcement by the Madani Government comes one day after two other regressive developments: firstly, the Speaker of Dewan Rakyat, Tan Sri Johari Abdul, stated that the bill for Parliamentary Services Act (PSA) will once again be postponed to the next parliamentary session; and secondly, the use of Sedition Act to interrogate activist Mukmin Nantang from Borneo Komrad regarding the Bajau Laut eviction.
With these developments, Putrajaya vindicated our assessment earlier this month when we gave them an “F” for electoral reforms. Meanwhile for Anwar, he has been preparing for the country’s top job since becoming Deputy Prime Minister in 1993. One must really ask, is this all the reform he can deliver after 31 years of preparation?
Released by: The Steering Committee of BERSIH
Extracts from Pakatan Harapan GE15 Manifesto
On political systems and governance
5. Establish a Parliamentary Special Select Committee for recommending and vetting key national positions such as the MACC Chief Commissioner, EC Chairman, and Bank Negara Governor.
On corruption
26. The nomination of the Malaysian Anti-Corruption Commission (MACC) Chief Commissioner must be vetted by a bipartisan Parliamentary Special Committee for a truly neutral candidatewho will not protect the interests of any specific party.
BERSATU amended it's Party Constitution to TRY TO DISQUALIFY their expelled MPs from remaining MPs?
ANTI-HOPPING LAW - the purpose of it is to protect VOTER or Constituent's RIGHTS - not Political Party Rights.
IT does not want Political Parties or its leadership to be able to use 'threats' of EXPULSION that will result in the Disqualification of MP-ship of any Member of Parliament(MP) who is a member of the party.
WHY? Because a Member of Parliament(MP) in Malaysia is the PEOPLES' Representative in Parliament, not the Political Party's representative in Parliament, and in the Malaysian elections today, we vote for the PERSON who is the Candidate, and not for the Political Party.
NOBODY wants a MP that simply follows what their Party or its leaders ORDER the MP to take the party position and VOTE as the party says - EVEN THOUGH when this is CONTRARY to the position and views of the majority of the people in that constituency, and maybe even contrary to what the MP personally believes to be in the BEST interest of the people he/she represents in Parliament.
THEREFORE, the Anti-Hopping law says that no MP will be disqualified as MP if he/she is EXPELLED from the Party. This re-affirms that Malaysia believes that a MP is the peoples' representative, not the representative of the political party he/she is a member. This is RIGHT.
BERSATU's actions is contrary to the FEDERAL CONSTITUTION if they did it solely to disqualify MPs. Neither a party's constitution or any other LAWS be able to contradict the Federal Constitution where the Ant--Hopping provisions are.
What BERSATU did was EXPEL its MPs from the party - so, no matter what their party Constitution says, these MPs will not be DISQUALIFIED as MPs - but will now become INDEPENDENT MPs in Parliament. However, if they JOIN any party as a member, then and then only will they be disqualified.
A MP only disqualified if he leaves his party or joins another party
However, if the MP leaves a political party or join another party on his own after he has been elected, then and then only will he be DISQUALIFIED as MP - and there will be a BY-ELECTION, where the so disqualified MP can contest too. The people in the Constituency will have to decide again, who they want for the peoples' representative - MP in Parliament or ADUN is State Assembly. Anti-Hopping law is to protect PEOPLEs' rights only.
WHY disqualified when an MP leaves a political party on his/her own? Simple, when a candidate stands as a candidate of a particular party - he REPRESENTS that he/she is also a person that supports the fundamental position/principles of the party, amongst others, including other values/principles he personally hold and believe in. Hence, when he/she leaves the party - there is a BREACH of that promise - maybe even a U-turn in representations made that got him/her elected. So, we ask the affected people again to be sure who they want to be their PEOPLES' Representative?
BERSATU sent notice to Speaker of Dewan Rakyat - what happens now?
A notice on the vacancies of six parliamentary seats held by rogue
Bersatu members has been sent to the Dewan Rakyat Speaker’s Office, says
Datuk Seri Dr Ronald Kiandee.
The Bersatu parliamentary whip
said the notice regarding the Jeli, Gua Musang, Bukit Gantang, Kuala
Kangsar, Tanjong Karang and Labuan seats was received by the Speaker’s
Office yesterday.
Well, this is what may happen - the speaker WILL RE-ARRANGE the seating of these previous BERSATU MPs - Now, they will be considered INDEPENDENT MPs - that is all.
Will or can the Speaker DISQUALIFY these MPs pursuant to Anti-Hopping provisions in our Federal Constitution? NO, he won't and should not..
The right course is for BERSATU to take this matter to COURT and get the Court's decision - but until then the 6 ought to remain as MPs - active MPs.
If the Speaker now DISQUALIFIES the 6 as MPs, a GRAVE INJUSTICE happens to the people of the respective constituencies - for they CHOSE these MPs to be their Peoples' Representative in Parliament, and also a great injustice to these MPs. BEST let the Court decide if BERSATU wants them disqualified.
Hence, beside changing seating position, the Speaker should not disqualify these MPs, and maybe advice BERSATU to take the matter to court if still UNHAPPY.
Status quo be maintained until there is a Court decision. MPs affected remain MPs.
Alternatively or additionally, BERSATU can move for an amendment of the Federal Constitution provisions on anti-hopping laws - so that party expelled MPs will also be automatically disqualified as MPs.
Has BERSATU filed a motion or a private member's Bill to amend the Federal Constitutionyet?
49A Change of a member's political party, etc.(Federal Constitution)
(1) Subject
to the provisions of this Article, a member of the House of
Representatives shall cease to be a member of that House and his seat
shall become vacant immediately on a date a casual vacancy is
established by the Speaker under Clause (3) if—
(a) having been elected to the House of Representatives as a member of a political party—
(i) he resigns as a member of the political party; or
(ii) he ceases to be a member of the political party; or
(b)
having been elected to the House of Representatives otherwise than as a
member of a political party, he joins a political party as a member.
(2)
A member of the House of Representatives shall not cease to be a member
of that House pursuant to this Article only by reason of—
(a) the dissolution or cancellation of the registration of his political party;
(b) his resignation from the membership of his political party upon election as a Speaker; or
(c) the expulsion of his membership of his political party.
Article 49A(2)(c) is CRYSTAL CLEAR -
(2)
A member of the House of Representatives shall not cease to be a member
of that House pursuant to this Article only by reason of— (c) the expulsion of his membership of his political party.
Hopefully, the Speaker does not make a mistake and say they are disqualified - Then problem arises...the MP's will be wrongly ousted from Parliament, and even if they later get a court decision saying the Speaker was wrong - GE16 may have come and gone, or if they had a by-election - some other MP may be 'illegally' occupying the said seat.
BEST SOLUTION - Speaker do not DISQUALIFY because Constitution clear that when a Party expels a member, the said MP will not be disqualified. ADVISE Bersatu to just go to court and get an order if they want. Then, Speaker acts based on the Court Order - it is safe.
PARTY Representatives -
In some countries, like Thailand, besides MPs who are people's representatives, there are also PARTY LIST candidates who become MPs - whereby the party sends a LIST of party candidates - and here we can say that these Party MPs, as the people chose the parties, and THEN the party candidates in the list will be the MP. For such Party MPs - there may be JUSTIFICATION that if the LEAVE or is EXPELLED from their political party, then they are AUTOMATICALLY disqualified as MPs.
Thailand have a 2-ballot system
Two-ballot system
Each voter will get two ballots:
1. Constituency vote to select the district MP
There are 400 seats representing the 400 districts. The candidate with the most votes for that district wins the seat.
2. Party-list vote to pick the preferred party on a national level
The 100 party-list seats are distributed proportionately, based on
the percentage share of votes each party gets in this category.
But, this is NOT the case in Malaysia - where people at a particular Constituency vote for the CANDIDATE only - not the Party.
Maybe, Malaysia should also INTRODUCE Party List MPs.
Formula - Not taking into account the winner's vote in our Malaysian elections, the votes of all non-winning candidates are totaled up, and maybe 50 Party List MPs are picked??
There must be FEW Urgent Reforms - Malaysians want to know how their MPs voted > so, let every vote in Parliament - transparently show how each MP VOTED.
Now, Speaker is PREJUDICED by the number of MPs present - if there are MORE government party or supporting party MPs, the speaker assumes that ALL government party MPs voted in favour...
'VOICE VOTE" - must end - and Parliament need to be Transparent - and people deserve to know HOW their MP voted - in favor, oppose or maybe abstain...
So, what if my PH MP comes and tell people - no, he did not support although most of the party MPs voted in favour...or he says, he did not say anything because he did not agree..
Interestingly, after being expelled from UMNO, Anwar told lawyers that he OPPOSED the use of ISA during Operation Lalang, etc >> who is to believe that? We want proof.
Talking about MPs that have been EXPELLED by their parties - we have Anwar Ibrahim, and we also have Muhyidin Yasin when raised the !MDB issue - should they have been disqualified as MPs? I do not think so - BUT if they left their party on their OWN, then yes they must be DISQUALIFIED to give the people the right to decide again who they want as their peoples' representatives??
Why did the reporters ask Anwar Ibrahim about what will happen to the 6 former BERSATU MPs - Don't they know that Anwar has NO POWER in this matter - The power is with the Speaker? Or do the MEDIA and Malaysians think that the Speaker is just a 'mere puppet' who will do whatever Anwar tells him to do? MEDIA need to mature up and not ask wrong questions - hopefully, the question was just asking Anwar, what his OPINION is on the matter?
'Prime Minister Datuk Seri Anwar Ibrahim is leaving it
to the Speaker of Dewan Rakyat Tan Sri Johari Abdul to decide on the
status of the seat of six Bersatu Members of Parliament..' This 'leaving it to the Speaker' is MISLEADING - it may give the impression that Anwar has the power to determine the outcome, but he is leaving to the Speaker...
PM Anwar is the head of just the EXECUTIVE BRANCH of the Government
The Speakers is the head of the LEGISLATIVE BRANCH of Government
The JUDICIARY also got its own HEAD.
ANWAR IBRAHIM, as PRIME MINISTER can at any time be REMOVED as Prime Minister - the moment he loses the confidence of the majority of MPs..
The President of PKR or PH need not be the PRIME MINISTER - he can be any MP. A fact proven when Ismail Sabri(not the UMNO President or the BN Chair) was chosen by the majority of MPs to be Prime Minister..
Kiandee: Notice on six rogue Bersatu MPs sent to Speaker
PETALING JAYA: A notice on the vacancies of six
parliamentary seats held by rogue Bersatu members has been sent to the
Dewan Rakyat Speaker’s Office, says Datuk Seri Dr Ronald Kiandee.
The
Bersatu parliamentary whip said the notice regarding the Jeli, Gua
Musang, Bukit Gantang, Kuala Kangsar, Tanjong Karang and Labuan seats
was received by the Speaker’s Office yesterday.
“A precedent was
set where the Nenggiri seat in the Kelantan state assembly was declared
vacant by its Speaker in accordance with the state’s laws, which are
aligned with the Federal Constitution.
“Hence, according to
Article 49A of the Federal Constitution, the Speaker must confirm there
is an unexpected vacancy within 21 days of receiving the notice,”
Kiandee said in a statement yesterday.
He claimed that
confirmation of the unexpected vacancies must be respected in line with
Section 18C of the Societies Act, indicating that any decision by a
registered political party is “final and conclusive”.
The
Beluran MP is also confident that Speaker Tan Sri Johari Abdul would
want to ensure that the legislative body is free of political influence
while upholding the law.
“He has no choice but to declare the
six parliamentary seats vacant and notify the Election Commission so
that by-elections may commence,” Kiandee said.The Nenggiri seat, held by
Mohd Azizi Abu Naim, was declared vacant by Kelantan state assembly
Speaker Datuk Mohd Amar Nik Abdullah after the former lost his Bersatu
membership.Mohd Azizi, who is also Gua Musang MP, had failed to respond
to an official letter requiring him to pledge his loyalty to the party
by May 31.
Although he won the Nenggiri seat under the PAS banner, Mohd Azizi held a Bersatu membership.
Aside
from Mohd Azizi, Bersatu earlier in the month declared that five other
MPs and a Selangor assemblyman also ceased being party members after
failing to respond to letters requiring them to pledge loyalty to the
party.
The representatives are Bukit Gantang MP Syed Abu Hussin
Syed Abdul Fasal, Zahari Kechik (Jeli), Iskandar Dzulkarnain Abdul
Khalid (Kuala Kangsar), Datuk Suhaili Abdul Rahman (Labuan), Datuk Dr
Zulkafperi Hanafi (Tanjong Karang) and Selat Klang assemblyman Datuk
Abdul Rashid Asari.
This comes after Bersatu successfully
amended its constitution where party members will automatically cease to
be members if they go against the party’s decisions, and its elected
representatives must subsequently vacate their seats.
When contacted, a representative from the Dewan Rakyat Speaker’s Office confirmed having received the notice from Kiandee. - Star, 21/6/2024
Speaker has received notice on rogue Bersatu MPs, says Kiandee
The
Bersatu veep says Johari Abdul has no choice but to declare the six
seats vacant and inform the EC on the need for by-elections.
PETALING JAYA: Dewan Rakyat Speaker Johari
Abdul’s office has been notified about six Bersatu MPs ceasing to be
party members, says its chief whip, Ronald Kiandee.
Kiandee said the notice was submitted and received by the speaker’s office today.
He also said Johari now has no choice but to
declare the six seats vacant and inform the Election Commission n the
need for by-elections, as a precedent had been set by the Kelantan
assembly speaker yesterday with the Nenggiri state seat.
“In line with paragraph three of Article 49A
of the Federal Constitution, the speaker needs to ensure that the
unexpected vacancies have occurred within 21 days of receiving the
notice.
“The confirmation of these unexpected
vacancies must be respected, especially since Section 18C of the
Societies Act states that the decision of a political party on any
matter relating to its affairs shall be ‘final and conclusive’.
“I am confident that Johari wants to ensure
the legislature is free from partisan political influence by respecting
the supremacy of the constitution and upholding the rule of law,” the
Bersatu vice-president said in a statement.
FMT has reached out to Johari for comment.
Kiandee was referring to the six Bersatu MPs who have declared support for Prime Minister Anwar Ibrahim.
They are Azizi Abu Naim (Gua Musang),
Syed Abu Hussin Hafiz Syed Abdul Fasal (Bukit Gantang), Dr Zulkafperi
Hanapi (Tanjong Karang), Zahari Kechik (Jeli), Iskandar Dzulkarnain
Abdul Khalid (Kuala Kangsar) and Suhaili Abdul Rahman (Labuan).
Yesterday, Kelantan assembly speaker
Amar Abdullah declared the Nenggiri state seat held by Azizi vacant
after being notified by Bersatu that he had ceased to be a party member. - FMT, 20/6/2024
Let Dewan Rakyat Speaker decide on status of six Bersatu MPs, says PM Anwar
Prime
Minister Datuk Seri Anwar Ibrahim mingles with the congregation after
performing Friday prayers at the Tun Abdul Aziz Mosque in Kuala Lumpur,
June 21, 2024. — Bernama pic
Friday, 21 Jun 2024 4:31 PM MYT
PETALING
JAYA, June 21 — Prime Minister Datuk Seri Anwar Ibrahim is leaving it
to the Speaker of Dewan Rakyat Tan Sri Johari Abdul to decide on the
status of the seat of six Bersatu Members of Parliament whose party
membership has ceased immediately.
“The question of six Bersatu
seats (Members of Parliament) was referred to the Speaker of the Dewan
Rakyat. Let the Speaker decide,” he said when met after performing
Friday prayers at the Tun Abdul Aziz Mosque, here today.
Yesterday,
Bersatu chief whip Datuk Seri Ronald Kiandee announced in a statement
that the notification of the vacant seats of the six Bersatu MPs whose
party membership had ceased immediately had been submitted and received
by the Dewan Rakyat Speaker’s office.
The seats involve the
parliamentary constituencies of Jeli and Gua Musang in Kelantan, Bukit
Gantang and Kuala Kangsar in Perak, Tanjong Karang, Selangor and Labuan.
— Bernama, Malay Mail, 21/6/2024
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