Tuesday, May 07, 2024

Hypocritical - Allowing Arm Suppliers to Israel to participate in Exhibition in Malaysia? Minister decide not to act - but leaves it to organisers - so different from Good Vibes Festival reaction?

Did Malaysia's Prime Minister Anwar Ibrahim just on 6/5/2024 officiate an exhibition that had companies that supplied harms to Israel that may have been used to kill/injure Palestinian people and destroy property? Is this an example of Anwar's hypocrisy with regard the Palestinian support and cause?

The event was officiated by Prime Minister Datuk Seri Anwar Ibrahim. In his speech, Anwar urged participants to share their knowledge, to innovate, to exchange new technologies and ideas, and to forge partnerships.

The day before, this issue was highlighted - but Anwar proceeded with the officiating...
A pro-Palestine movement has hit out at the presence of major western defence contractors such as Lockheed Martin at a three-day defence and security exhibition that kicks off tomorrow.The group, Sekretariat Solidariti Palestin (SSP), named other companies such as MBDA (BAE Systems), Aim Point, Colt, L3Harris, Leupold, Shield AI, and Leonardo as providing arms to Israel which it said is engaging “in genocide and brutal killings against the Palestinian people”.“How can Malaysia, as a nation that boldly stands in solidarity with Palestine, allow these companies to enter our borders and proudly display their weaponry, that they supply to aid a genocide that is still ongoing?” it said in a statement. 

Malaysia's Home Minister seem to have confirmed the allegations, and said let the organisers deal with it.  Absurd - for the Minister and the government should speedily deal with this...

Home Minister Datuk Seri Saifuddin Nasution Ismail will leave it to the Defence Services Asia (DSA) and National Security (Natsec) Asia 2024 exhibition organisers to respond to a call to prohibit the participation of vendors supporting Israel."Let the organisers respond to that," he told reporters briefly after attending the opening ceremony of the 18th DSA and Natsec Asia 2024.

How different the treaction when it came to the Good Vibes Festival 

During a concert at the Good Vibes Festival(21-23 # days) in Sepang on 21/7/2023. Singer Matty Healy of the 1975 allegedly spoke out against Malaysia’s laws/policies against the lesbian, gay, bisexual and transsexual (LGBT) community and allegedly "kissed" his male bandmate in the middle of the show. The Anwar Ibrahim PH-led unity government's reaction - CANCEL THE GOOD VIBES FESTIVAL (2 remaining days).- Good Vibes Scandal? 1975's Matt Healy not arrested or charged? So, no law broken? Cancellation of festival serious consequences?

Here, we have arm suppliers to Israel - which is worse. The government's 1st failure was to allow arm suppliers to Israel to participate in this exhibition. After being aware of the existing of such arm suppliers to Israel, the Prime Minister should have not officiated,  or if he still wanted to officiate, in his speech he could insisted on the immediate removal and exclusion of such arm suppliers to Israel from this exhibition in Malaysia ... 

Home Minister must act immediately and kick-out companies that supply arms to Israel...and even shut down this Exhibition ????

Former prime minister Dr Mahathir Mohamad has urged the government to order defence contractors that provide arms to Israel, which is currently waging war against Hamas in Gaza, to leave the country immediately...“Allowing them (to participate) makes a mockery of all our efforts in opposing the atrocities committed by Tel Aviv. It’s as though we are colluding with them in spilling the blood of Palestinians,” he said in a post on X. “The government and defence ministry must take stern action and order these companies to leave Malaysia as soon as possible.”

Worse still is that concern that Malaysia may have entered into agreement with companies that supplied arms to Israel. At the present moment, Malaysia SHOULD NOT enter into any agreement with companies that sell or supply arms to Israel..

Defence Minister Datuk Seri Khaled Nordin said the defence ministry is set to seal memorandums of understanding (MoUs) and contracts valued at RM6 billion during the event."We have identified contracts and MoUs worth RM6 billion that will be signed during the exhibition," he stated.

Meanwhile, Home Minister Datuk Seri Saifuddin Nasution Ismail disclosed that his ministry would be entering into 14 agreements worth RM2.1 billion.

TELL US THAT MALAYSIA IS NOT ENTERING INTO AGREEMENTS WITH COMPANIES THAT SUPPLY ARMS TO ISRAEL AT THIS TIME...Full Disclosure.
 
At this time, Malaysians are even boycotting US Brands because of the support given to Israel...Brands that supplied Israeli forces with free food goodies... And, so when Anwar Ibrahim's PH-led coalition fails to immediately kick-out these arm suppliers from the Exhibition in Malaysia, when our Ministries into agreements with such companies...
 
Malaysia must really consider imposing an immediate sanction against all companies that supply arms to Israel - this will also mean no NEW agreements with such companies - immediate closure of such companies offices in Malaysia, etc... Remember the arms they supply may be killing Palestinians...

The 18th edition of DSA (DSA 2024) is taking place from 6–9 May 2024 at Malaysia International Trade and Exhibition Centre (MITEC) in Kuala Lumpur - what will be Malaysians RESPONSE? Interesting to see...



 
 



 
 
 
DSA & NATSEC Asia 2024’s economic impact estimated at RM700 mln

DSA Exhibition & Conferences Sdn Bhd chairman, Tan Sri Asmat Kamaludin. - BERNAMAPIXDSA Exhibition & Conferences Sdn Bhd chairman, Tan Sri Asmat Kamaludin. - BERNAMAPIX

KUALA LUMPUR: Defence Services Asia (DSA) 2024 and National Security (NATSEC) Asia 2024 exhibitions are expected to generate an immediate overall economic impact of around RM700 million.

DSA Exhibition & Conferences Sdn Bhd chairman, Tan Sri Asmat Kamaludin said 1,324 companies from 60 countries are participating in this year’s DSA and NATSEC Asia 2024, held from May 6-9, taking up 48,000 square metres of exhibition space.

This represents a 30 per cent increase compared to the previous edition, underscoring the escalating global interest and relevance of the DSA series.

“With 34 international pavilions and 588 foreign VIP delegations, DSA and NATSEC Asia 2024 promise an unmatched global networking and business opportunity,” he said in his speech at the opening ceremony of the DSA and NATSEC Asia 2024 Exhibition here, today.

The event was officiated by Prime Minister Datuk Seri Anwar Ibrahim.

In his speech, Anwar urged participants to share their knowledge, to innovate, to exchange new technologies and ideas, and to forge partnerships.

“We convene not just as representatives of our nations, but as partners in a collective endeavour to address the pressing defence and security-related challenges of our time.

“Your presence here from far and wide is a testament to the joint efforts and the shared responsibilities for securing a safer and more resilient future,” he said.

Anwar said the exhibition provides unique avenues for meaningful dialogues, knowledge exchange, and the forging of partnerships that transcend borders, enhancing collective efforts to address modern defence and security landscapes.

“This should spur our collective resolve to confront and overcome the complexities of modern defence and security landscapes,” he added.

Asmat said the event provides participants and delegates with opportunities to exchange ideas as well as fostering partnerships through conferences, meetings and business engagements.

They will also have the chance to witness and discuss the latest defence and homeland security innovations, technologies, and solutions.

“We have also introduced new elements including the DSA & NATSEC Asia Lab for startups and small enterprises to showcase innovations, and the Future Forces Segment emphasising modern warfare solutions.

“Meanwhile, the uncrewed aerial vehicle (UAV), Drone, and Robotics Pavilion, in collaboration with NAICO Malaysia, highlights capabilities in drone tech, artificial intelligence, and robotics,” he said.

By weaving all these elements together, he said DSA and NATSEC Asia 2024 are poised to be the most comprehensive and impactful edition yet, serving as pivotal platforms for forging international defence and security partnerships, facilitating significant industry transactions, and promoting global dialogue and technological advancements.

Additionally, Asmat said the presence of leaders in defence and homeland security is also expected to boost the development of domestic defence industries via collaborations and new investments.

“As we navigate global security complexities, I extend gratitude to all individuals and organisations whose unwavering support has enabled us to gather the brightest minds and innovative technologies under one roof,” he said.

Key international defence and security industry players participating in this year’s events include Airbus Group, BAE Systems, Beretta Defense Technologies BDT, EDGE, Leonardo, MBDA, Sarsılmaz Silah Sanayi, SSM (Turkish Industry Association), Tawazun, TUSAS (Turkish Aerospace Industries), and Yugoimport. - The Sun, 6/5/2024

Pro-Palestine group protests presence of major defence firms at exhibition

FMT Reporters-

Sekretariat Solidariti Palestin says these companies had provided arms to Israel and should be dropped immediately from the three-day event.


Lockheed Martin
Lockheed Martin, one of the companies named by the group, is reported to have supplied radar systems to Malaysia. (Malaysia Military pic)

PETALING JAYA: A pro-Palestine movement has hit out at the presence of major western defence contractors such as Lockheed Martin at a three-day defence and security exhibition that kicks off tomorrow.

The group, Sekretariat Solidariti Palestin (SSP), named other companies such as MBDA (BAE Systems), Aim Point, Colt, L3Harris, Leupold, Shield AI, and Leonardo as providing arms to Israel which it said is engaging “in genocide and brutal killings against the Palestinian people”.

“How can Malaysia, as a nation that boldly stands in solidarity with Palestine, allow these companies to enter our borders and proudly display their weaponry, that they supply to aid a genocide that is still ongoing?” it said in a statement.

SSP said companies that “contributed to the genocide” should be dropped immediately and urged universities participating in the event to carry out a boycott if the firms are not booted out.

Some of the companies mentioned have previously provided military equipment to Malaysia.

In February, a long-range ground-based radar developed by Lockheed Martin was reportedly installed in East Malaysia, while BAE and Leonardo have a long association with the Malaysian armed forces.

The Defence Services Asia Exhibition and the Asia National Security Exhibition 2024 runs from May 6 to May 9. - FMT, 5/5/2024

Order firms supplying arms to Israel to leave immediately, says Dr M

FMT Reporters-

While Lockheed Martin, and MBDA are regulars at defence exhibitions, the ex-prime minister says the current situation in Palestine is extraordinary.


madey
Former prime minister Dr Mahathir Mohamad said defence firms must know that Malaysia does not tolerate those who support Israel’s actions against the Palestinians.

PETALING JAYA: Former prime minister Dr Mahathir Mohamad has urged the government to order defence contractors that provide arms to Israel, which is currently waging war against Hamas in Gaza, to leave the country immediately.

While Mahathir acknowledged that firms such as Lockheed Martin, and MBDA (BAE Systems) were regulars at exhibitions, the current situation in Palestine was “extraordinary”.

The two firms are taking part in the Defence Services Asia Exhibition and the Asia National Security Exhibition 2024.

“Allowing them (to participate) makes a mockery of all our efforts in opposing the atrocities committed by Tel Aviv. It’s as though we are colluding with them in spilling the blood of Palestinians,” he said in a post on X.

“The government and defence ministry must take stern action and order these companies to leave Malaysia as soon as possible.”

Mahathir, who has been a vocal critic of Israel, said the other firms that supply arms to Tel Aviv must also be ordered to leave, adding that these companies must be made aware of the fact that Malaysia does not tolerate the genocide against the Palestinians.

Mahathir is the latest to oppose the presence of these companies after pro-Palestine group Sekretariat Solidariti Palestin (SSP) and Bersatu voiced similar objections.

Yesterday, SSP also named Aim Point, Colt, L3Harris, Leupold, Shield AI, and Leonardo as providing arms to Israel, saying they have “contributed to the genocide”.

Some of the companies mentioned have previously provided military equipment to Malaysia. - FMT, 6/5/2024

Minister: Let organisers respond to call to prohibit vendors supporting Israel

KUALA LUMPUR: Home Minister Datuk Seri Saifuddin Nasution Ismail will leave it to the Defence Services Asia (DSA) and National Security (Natsec) Asia 2024 exhibition organisers to respond to a call to prohibit the participation of vendors supporting Israel.

"Let the organisers respond to that," he told reporters briefly after attending the opening ceremony of the 18th DSA and Natsec Asia 2024.

He was commenting on a call by a Bersatu leader for the Malaysian government to prohibit participation from two companies allegedly involved in supplying weapons to the Israeli military.

Bersatu's international bureau chief Datuk Seri Saifuddin Abdullah had expressed the party's concern over the involvement of the two companies in the event.

Saifuddin, who is a former foreign minister, added that the involvement of both companies contradicted with the firm stance taken by the Malaysian government and its people who supported and stood in solidarity with the struggle of the Palestinian people for a long time.

He had said the inclusion of the two vendors would be an attempt to normalise relations with Zionists.

The 18th edition of DSA and Natsec is held at Malaysia International Trade and Exhibition Centre (Mitec) starting today until May 9.

It saw the participation of over 1,324 companies from 60 countries showcasing their defence and security technologies. - NST, 6/5/2024

Defence and security deals worth RM8.1bil expected at DSA and Natsec Asia 2024

KUALA LUMPUR: A significant array of defence and security deals, totaling RM8.1 billion, are anticipated to be formalised during the Defence Services Asia (DSA) and National Security (Natsec) Asia 2024 exhibitions, scheduled from tomorrow till May 9.

Defence Minister Datuk Seri Khaled Nordin said the defence ministry is set to seal memorandums of understanding (MoUs) and contracts valued at RM6 billion during the event.

"We have identified contracts and MoUs worth RM6 billion that will be signed during the exhibition," he stated.

Meanwhile, Home Minister Datuk Seri Saifuddin Nasution Ismail disclosed that his ministry would be entering into 14 agreements worth RM2.1 billion.

At the 17th edition of DSA and Natsec Asia two years ago, the defence ministry sealed 54 defence contracts and MoUs worth RM4.6 billion, while the home ministry concluded one MoU and eight contracts worth RM2.596 billion.

The forthcoming 18th edition of DSA and Natsec Asia 2024 is slated to be held at the Malaysia International Trade and Exhibition Centre (Mitec).

Highlighting the enhancements in this year's exhibition, Khaled said there was an increase in participation and scale, with a total of 1,324 companies from 60 countries showcasing their defence and security technologies.

"Significantly, 34 countries will have their own pavilions, including Turkiye, China, the United Arab Emirates (UAE), Italy, and the United States. Additionally, Singapore, UAE, and Iran will be participating for the first time.

"In terms of participation, we will see 400 important delegates from over 50 countries made up of nations' leaders, defence ministers, home ministers and military chiefs," he said at a press conference together with Saifuddin following a walkabout session to witness the final preparations for the exhibitions.

Saifuddin emphasised that the international exhibition and conference would serve as a vital platform for exchanging information on crucial product and system developments relevant to law enforcement agencies and industry stakeholders regionally and globally.

He also underscored the importance of better alignment and integration between relevant national and international security and law enforcement agencies, particularly in light of the uncertain security environment.

As part of this effort, Saifuddin announced plans to host a town hall session focusing on cybersecurity. - NST, 5/5/2024

 

Monday, May 06, 2024

Employee entitled to 5 times wages, if employer does not pay in time - Make this the LAW to Deter Employers from delay or non payment of wages?

What happens when the employer does not pay workers their wages or overtime in time set by the law -'...every employer shall pay to each of his employees not later than the seventh day after the last day of any wage period the wages, less lawful deductions earned by such employee during such wage period....Section 19 Employment Act 1955)?

Will the employer have to pay a 'penalty' or even interest for the delay? Nothing of that sort in the law - so nothing additional, just pay the worker his wages, overtime, etc... Shockingly UNJUST. Some relevant sections, as examples, are as follows:-

Section 87A  Court order for payments due to employee

(1) Where an employer has been convicted of an offence relating to the payment of wages or any other payments payable to an employee under this Act, the court before which he is convicted may order the employer to pay any payment due to the employee in relation to that offence.

Section 100  Penalties for failure or non-compliance in relation to rest days, overtime, holidays, annual leave, and sick leave

 (1) Any employer who fails to pay any of his employees wages for work done by his employee on a rest day or pays wages less than the rate provided under section 60 commits an offence, and shall also, on conviction, be ordered by the court before which he is convicted to pay to the employee concerned the wages due for work done on every rest day at the rate provided under section 60, and the amount of such wages shall be recoverable as if it were a fine imposed by such court.

Thus, all that the employer who failed to pay wages, overtime payment, payments for work on rest days, etc on time as required by law - will later SIMPLY have to pay the worker the same amount as amount due. NO need to add on any interest. NO need to pay DOUBLE, etc  

Remember, most workers have monthly financial obligations for his/her living and those of her family/dependents. When a worker is not paid in time by the 'bad' employer, what does he do? Rental/Housing loans, electricity/water/sewage/telephone/Astro TV bills, Hire Purchase monthly payments, school fees, road tax, toll payments, bus fares,... If he does not fulfil his financial obligations, the worker and family suffers. Will he/she be forced to take loans from ALONGS(illegal money lenders) as banks seldom give normal workers loans as they do not have hose/land or even regular employment to act as Security for loan.

When he expends time/effort having to go to the Human Resource Department, and maybe later  the Labour Court - the worker expends monies or monies worth. He may need to hire a lawyer - money needed.

Despite all this, the COURT just ask the 'bad' employer what was due to the worker. If the employer owed the worker RM5,000 in wages/overtime payments/etc - the Employer will only be required to pay the victim worker RM5,000???

This is most unjust - for in the pursuit of justice, the victimized worker may have spend even RM5,000 or more just to recover unpaid wages/OT, etc

So, no wonder many worker victims simply 'GIVE UP' and not pursue justice through the HR Department and/or the Labour Court - for at the end of the day, they may end up losing so much more than the amount due and payable by their employer to them.

REFORM NEEDED

1. If the employer fails to pay the employee wages/OT or other payment due to workers within time stipulated in law, thereafter the employer shall be liable to pay the worker-employee TWO(2) times the amount due and payable, and if the delay is more than ONE(1) Month, the employer shall be liable to pay THREE(3) times the amount due and payable, and where the delay is more than Five(5) months, the employer shall be liable to pay the employee FIVE(5) times the amount due and payable.

> Now, this will DETER employers from delaying payment of wages, etc for work already done by workers. Remember for 'corruption' cases, Malaysian law already provide for payment 5 times the amount involved - so there is the precedence in law which justifies the above mentioned reforms.

Penalty for offences under sections 16, 17, 18, 20, 21, 22 and 23 (MACC Act)


24. (1) Any person who commits an offence under sections 16, 17, 20, 21, 22 and 23 shall on conviction be liable to—

(a) imprisonment for a term not exceeding twenty years; and

(b) a fine of not less than five times the sum or value of the gratification which is the subject matter of the offence, where such gratification is capable of being valued or is of a pecuniary nature, or ten thousand ringgit, whichever is the higher....

So, whenever an employer does not pay their worker-employee wages/OT/etc for work already done, should not they be liable to pay FIVE(5) times the amount due and payable.

Example:-

Employer supposed to pay wages of April 2024 of RM1,500, not later than 7th May - but if the employer fails to do this in time, then the employer should be penalized by having to now pay the worker 2 time(or 3 times or 5 times) the amount to the worker depending on the amount of delay - so, the worker will get RM3k or RM4.5k or RM7.5k depending on the amount of delay, and thereafter maybe INTEREST of 8 or 10% per month/year. This will END the non-payment and/or delay in paying workers monies due.

FINES - do not help the worker, as the money goes to the government NOT the worker.

As now, employers are required to pay into worker's bank account - The proof/evidence of whether the employer paid on time or not is easily obtainable.

So, will the government ACT to better protect WORKERS - or is this government pro-employer who will allow employers to continue delaying wages - an easy NO INTEREST loan, which sometimes may not be even settled. POOR WORKERS - 

Human Resource Minister Steven Sim, PM Anwar Ibhahim  and Pakatan Harapan-led coalition government - end denial of timely wages to workers. DETERRENT laws that benefit workers needed


 


 


Wednesday, May 01, 2024

MAY Day - When will Malaysia get a GOVERNMENT that cares for ALL workers? Minimum Rights for ALL Workers. Short-term contract workers denied RIGHTS that come with tenure.

May Day - is the day commemorating the historic struggles and gains made by workers and the labour movement, observed in many countries on May 1. Long way to go in Malaysia, as worker rights and welfare seems to fall second to employer and business interest.


Malaysian Employment Act and some other laws provide for basic minimum worker rights - but alas, it does not protect all workers - now just for workers generally earning RM4,000 or less - Would it not be better that it covers all workers, for after all, we are just talking about MINIMUM rights in labour laws...{The rationale was higher earning workers can protect themselves - but this is not true, so best to ensure MINIMUM worker rights are enjoyed by all workers. Further, when one enters into an employment agreement, the employer usually has the upper hand and the worker has 'little power' to demand this rights and that .. )

Remember, the Employment Act provides for INCREASE in Rights as you work longer - One example is Annual Leave - for the 1st year of employment, minimum annual leave entitlement is 8 days, for 2-5, minimum annual leave is 12, and if longer that 5 years, the minimum entitlement rises to 16... There are other benefits in law to a worker that increases as time passes. Then, it is common practice that wages tend to increase every year of employment. (But workers on 'short-term or fixed term contracts DO NOT ENJOY THIS BENEFITS - every time he enters into a new short-term contract, the worker starts from scratch - the fact that he had previous working experience, his age, his increased personal and family commitment, etc all just do not matter ...

(1) An employee shall be entitled to paid annual leave of-

(a) eight days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of less than two years;

(b) twelve days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of two years or more but less than five years; and

(c) sixteen days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of five years or more,... (Section 60E, Employment Act 1955)


Looking at some UNJUST laws affecting workers...One example is the evil that arises because workers are not employed as REGULAR employee(i.e. until retirement, or termination due to serious breach employment misconduct, or RETRENCHMENT because of good reason).

Well, an employee is entitled to TERMINATION AND LAY OFF BENEFITS only if they have in employment for more than 12 Months continuously - BUT to avoid this many 'Bad" employers employ workers on 1 year employment contracts, hence the legal obligation to pay termination and lay-off benefits is AVOIDED.

If the contract is immediately renewed, then the worker becomes entitled to TERMINATION AND LAY OFF BENEFITS - and so the BAD Employer do not renew the employment contract although the employer still have work that requires a worker. What some employer do is just EMPLOY a new worker to do the work the previous worker did? 

Another method used by BAD Employers to avoid payment of termination and lay-off benefits, is to wait more than 3O days, and then offer a new contract for a year. Sadly, our laws says it is OK. If new employment contract is entered into more than 30 years later - then employment deemed to start on the day of the NEW contract. If immediately, or within 30 days, then employment period considered to begin on the 1st day of the first contract.

EMPLOYMENT (TERMINATION AND LAY-OFF BENEFITS) REGULATIONS 1980

3  General provisions for the entitlement of employees to termination or lay-off benefits payment

(1) Subject to these Regulations, an employer shall be liable to pay termination or lay-off benefits payment calculated in accordance with regulation 6 to an employee who has been employed under a continuous contract of service for a period of not less than twelve months ending with the relevant date if-

(a) the contract of service of the employee is terminated; or

(b) the employee is laid-off within the meaning of regulation 5.

(2) For the purpose of this regulation a continuous contract of service for a period of not less than twelve months shall include two or more periods of employment which are not less than twelve months in the aggregate if the intervening period or periods between one period of employment and another does not in the aggregate exceed thirty days.


Malaysian government, including the current PH led government has done nothing to date to protect workers being 'exploited' through such short-term fixed contracts of a year or less.

Note the REGULATIONS are made by the MINISTER, like current HR Minister Steven Sim. If he is concerned for workers in Malaysia, he can change it...in favour of workers. The Minister does not need approval of Parliament, or even Cabinet, when he makes such Regulations. (Maybe this need to be changed, to maybe requiring Parliamentary approval for Regulations)

What is the solution?

1) Contracts of employment shall be for the entire duration the work the worker is employed to do that work. Maybe, the contract should be for 5 years, and extendable as of right if the work still exist that requires the worker.

2) Better option is to ensure that the worker is a REGULAR employee, that means until retirement age. Now, if the employer do not need the workers anymore for that work, or has come into financial problems that requires the downsizing of workforce, he can legally RETRENCH workers. 

The above 2 solutions is beneficial for the workers in Malaysia, as they will enjoy a certain amount of employment security be it for 5 years(or until the work needing the worker ceases to exist), or at best until retirement.

Note, a REGULAR employee can always be terminated by reason of a very serious employment misconduct, or a serious breach of the employment contract. He can also be RETRENCHED. Hence, giving a worker REGULAR employment really does not prejudice the employer.

3) Of course there are exceptional situations where an employer needs an employee to do a particular work which may be done in a couple of months. For example, in the construction industry, a worker is employed to do tiling work, and after tiling is done - the employer no longer needs the worker with tiling skills. So, this may employment contracts to do a particular work/task that will end. Such contracts of employment may be permitted on the discretion of the Minister.

4) With regard to termination and lay-off benefits, maybe the entitlement should arise after THREE(3) months or automatically after one begins employment- removing the current requirement of employment for more than 12 months. Increase TERMINATION AND LAY-OFF BENEFITS to a minimum of 1 months wages. That is what Indonesia has ... [Remember a terminated worker faces great hardships as his monthly financial obligations remain the same, and it also involves his family. Further, to be able to find a NEW JOB takes time. Will he/she even get a same JOB nearby - or will he have to move his family to some other town and lose out on his rental/deposit and worse if he had purchased his house - so, a 1 Month MINIMUM Termination and Lay-Off Benefit is JUST] 

Severance payment for employee in Indonesia

Completed Years of ServiceSeverance Payment
Less than 1 year1-month wage
More than 1 year but less than 22 months wage
More than 2 years but less than 33 months wage
More than 3 years but less than 44 months wage
More than 4 years but less than 55 months wage
More than 5 years but less than 66 months wage
More than 6 years but less than 77 months wage
More than 7 years but less than 88 months wage

 5) Regulation 3(2) should also be changed - periods of employment with the same employer should be considered. No more wait more than 30 days and employ again to avoid obligations to pay termination and lay-off benefits????

What RIGHTS are denied by short-term contracts?

A employee has the right to FIGHT for better rights and better working conditions - but a fixed short term employee, hoping that his employment contract will be extended(renewed) for FEAR of the employer may abandon his/her worker rights worried that it may jeopardize his future rights, and may even suffer worker rights violation(and not complain or bring it up to relevant Labour authorities). Even regular employees fear the employer's reaction to complaints and demands of better worker rights - will this mean I may be overlooked in terms of promotions, wage increase,etc.. so even worse for the fixed short term employee.

An employee has the right to form and participate in trade unions. Where there is no trade union a short-term contract employee may be deterred to fight to form a trade union at the workplace. Further, even if a union is formed, he may no more be an employee to enjoy the benefits of the Trade Union membership. Even for Collective Bargaining Agreements, a short-term contract employee, even if he fights for better rights/conditions may not enjoy it.

What Minister Steven Sim can do is to ABOLISH SHORT-TERM Employment Contracts, requiring all employees of the core business to be REGULAR EMPLOYEES - this is already done in India(so, there is legal precedence Malaysia can follow)

If Minister Steven Sim, Prime Minister Anwar Ibrahim and this Pakatan Harapan led government is concerned about Malaysian workers and worker rights > they will do the needful to improve EMPLOYMENT Security with the same employer, and worker rights.

# The government always talks about job security - and therefore works on creating more jobs. But what any worker needs is EMPLOYMENT SECURITY with the same employer - noting that the longer one works, wages increase, annual leave and sick leave entitlement increases...

It is not just JOBs that a worker needs. When a worker starts being employed, the amount of monies needed is less, but as years pass by, his financial needs monthly naturally increase with marriage, kids, purchase of homes - so, for the good the workers, in Malaysia - ensure that they get REGULAR employments - not short-term fixed employment contracts - Every time a worker has to find a new job, he starts from the bottom with low pay and rights(His past work experience is seldom considered) Worse, as the worker AGES, he competes with younger workers, and many an employer prefer to employ young workers rather than older workers.

 



 

Monday, April 29, 2024

Selangor - PR(then PH) since 2008 after ousting BN, but support for PH declined after GE15 and the PH-BN 'Unity Government?

Is it time for a change of the Selangor Government? If PH does not wake up soon, it may find itself being rejected come GE16...

SELANGOR's BN rule ended in 2008, and thereafter Pakatan Rakyat(PR - PKR,DAP,PAS) and later the Pakatan Harapan have ruled until now. BN returns to ruling Selangor because PH formed an electoral pact to contest the recent State elections. [In my opinio, PH should have contested the State elections as PH alone).

In GE15, when PH contested - in Selangor, they won 16 out of 22 Parliamentary seats - 73% of the seats won by PH.(In GE14, PH won 20 seats) in November 2023

But, when it came to State Elections in Selangor a few months later in August 2024, PH only managed to win 32 seats out of 56 seats - 57% of State seats won by PH. [In comparison, in GE14 PH won 51 seats)

WHY did PH's performance decline during the Selangor State elections compared to the GE15 Parliamentary elections in Selangor?

One reason could be unhappiness of the fact that PH did not contest on its own, but with a PH-BN electoral pact. Unhappiness could also be because of the post GE15 formation of the PH-BN coalition. 

The decline in support in GE15 was maybe (a) because PH during its 22 month rule after GE14 failed to bring needed reforms including repeal of bad laws, and also Local Council Elections; (b) unhappiness with the PM Candidate Anwar Ibrahim, whilst in GE14, the PM Candidate was Mahathir...The dreaded 'political appointments continue - when will the people be able to vote in their Local Government representative, and their own community leadership?

SELANGOR PR/PH rule - what were the changes or significant changes that PH brought? Many did not see any REAL changes - political appointment of ketua kampung and community leaders continued, the promise of abolition of tol highways did not materialize - in fact, more tols came into the picture, ... The governance style did not really differ much when under the BN rule.. Some joked - nothing changed but faces in government, and maybe emergence of 'new cronies'. Worst, after GE14, when PH could have speedily amended them Federal Laws that prevented local council elections, they did not - MIND you, that Local Council elections was key item before the 1MDB issue... Local Council - PR/PH introduced a certain percentage to be filled by civil society(HR Defenders) but as time passed it returned to political appointees from the various political parties of PH - same old same old.

Will PR allow people to elect their own Local Councillors? Civil Society Deadline for Local Council Elections:- '..by or before 2010..'

Selangor not keen on Local Councilors chosen by the people - they prefer to appoint. A new attempt to pacify LC Elections advocates..

When NGO activist join governments, Local Councils... do they get 'confused' about their struggle? CONPAC?

People vote for civil society representatives to Local Councils in Penang - Will Selangor follow?

No Local Council elections and shrinking NGO or non-political party appointees

Local government elections are constitutionally permissible - What will Pakatan do now?

Azmin Ali and PKR-DAP-PAS(Amanah?) in Selangor reduces NGO/Professionals in Local Council to less than 2% from once about 25%?

Vote for them who will restore Local Government Elections immediately . Nga Kor Ming, when will the Federal law be amended to allow States to decide whether to have Local Council elections or not?

 

Post GE14, after PH was ousted at the Federal level, BERSATU-PAS led coalition managed to govern - and there was little difference when PH ruled.

Now, the fact that PAS was part of Pakatan Rakyat with PKR and DAP also diminished the old prejudice that many had about PAS.

BERSATU was part of PH before - so criticism about BERSATU by PH now does not have much effect.

So, after Sheraton Move, the ability of PAS-BERSATU plus the added ex-PKR MPs to govern became a non issue, hence GE15 results shows this growing support.

The 1MDB issue, the disappointment and anger against BN's Najib, Zahid Hamidi and other ex-BN politicians who abused their powers in office and 'stole' from the people and committed crimes is still a major issue - and the people want these people tried, convicted and sentenced.

Hence, the January 2024 Pardon of Najib that halfed his prison sentence, and quartered his fine ... did anger Malaysians, and many see the PH-BN government being responsible, The role/influence of the government of the day in pardons emerged post GE14 when Anwar was pardoned.

Zahid Hamidi's discontinuance of criminal trial is something that happen after the Selangor State Elections in August.

The court also recently acquitted and discharged Kinabatangan Member of Parliament Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad. The trial court, being the Sessions Court ordered them to enter their Defence, meaning that the Judge found that prosecution had established a prima facie case against them. Rather than entering defence, they filed a REVISION application to High Court who overturned the Sessions Judge's decision, and acquitted both of them. The Prosecution has appealed

After GE-14, the peoples' support for Pakatan Harapan has been declining as reflected in the results of GE15 Parliamentary election results. WHY is something that the Pakatan Harapan and its member parties DAP, Amanah, PKR and UPKO needs to evaluate.

What changed? In GE14, the PM Candidate was Mahathir, and in GE15, the PM candidate was Anwar Ibrahim. Was the naming of Anwar a reason for the decline in support?

Stop/Postpone PD Elections? Start again - this time make it CLEAN AND FAIR?

Mat Sabu salahgunakan kuasa untuk bantu Anwar? Anwar bikin bukan saperti cakap? EC diam?

Azhar Harun, EC Chairman - Election 'offences' in PD? Acting 'without fear or favour'..or 'sweep under the carpet'?

Of course, the decline in speedy REFORMS, especially the repeal of bad laws, and a reform in governance was a factor - the culture of political appointment continued, even the Ketua Kampung and community leaders did not move a democratic elections where community leaders are chosen by the people, not appointed by the government who usually chooses one of their political parties minor leaders.

REMEMBER Local Council Elections was a MAJOR Issue - both Selangor and Penang were barred by reason of certain Federal Laws - but when PH came into power, they could have but didn't amend those Federal Laws to facilitate local council(government) elections. 

Some Media and even some in the international community believed that Anwar Ibrahim had popular support of the people - but the reality maybe otherwise. Post pardon, Anwar even failed to get the same or more votes in the Constituency, where the MP had to resign to give way to Anwar.

Anwar wins BUT Fails to demonstrate overwhelming support? Less votes than former MP?

Would PH without Anwar as leader or PM do better? PH's support, in my opinion, really comes from DAP and Amanah - something that became evident when PKR decided to contest on its own in the Johor State elections..It contested 20 seats, and won only one. DAP(under PH Banner) won 10 out of the 14 seats contested, and PH-Amanah won 1 out of the 16 seats contested

Apart from that, seven Parti Keadilan Rakyat (PKR) candidates in the Sri Medan, Semarang, Tenggeroh, Pasir Raja, Johor Lama, Tanjung Surat and Benut constituencies also lost their deposits after failing to garner one-eighth or 12.5 per cent of the total votes counted.

One must recall that DAP gained popularity because many of its MPs were seen as human rights defenders - bravely highlighting wrongs and calling for reform. PKR and Amanah had very few comparatively.

However, things have changed after GE15, the former 'reformist' seem to have gone silent, and promised reforms are not happening. 

The Anwar Ibrahim's PH-led coalition government seems to have adopted the BN's style of governance - no or lesser allocation for Opposition MPs, the continuation of political appointments, and worse the U-turns and justification for keeping of draconian laws like Sedition Act, the 'apartheid' policy, etc

KUALA KUBU BARU BY-ELECTIONS  

It was the death of the PH-DAP State Assemblyperson that brought about this elections - the norm has been when it such deaths, the constituents vote back a person from the same party...

As it stands, the loss of the KKB seat will not affect the government, who will still be the same even if PH loses KKB.

The policy of lesser allocation for the Constituency if won by the Opposition compared to if the State Assemblyperson is  from PH will also factor in.

The fact that the PH candidate seems to be a 'parachute candidate' is a factor - as people generally prefer MPs or ADUNs that reside in the Constituency who will more easy to meet that a MP/ADUN who drops by once in a while.

PH-DAP majority dropped in GE15 compared to GE14.

As it is, between PN and PH-BN, there really is not much of a difference. Will PRM be able to get the peoples' vote this time?

The use of RELIGION or ETHNICITY is no longer relevant - what people are looking for today is what is the parties position on issues

- Will we move towards greater democracy, where people finally can VOTE their Local Councillors, Ketua Kampungs, Senators - or will it remain 'political appointment'?

- Position on HEALTHCARE and EDUCATION > will they move towards FREE healthcare and education, or will we still have to pay, or pay more?

-  Workers - will they move for greater protection of employment rights, minimum wage, Occupational Safety and Health

-  Parking rates, public transport, etc..

-  Unified Examination Certificate (UEC)

Pakatan Harapan got peoples' support because of the REFORMS promised, and the peoples' rejection of the BN and desire for a NEW government. But with PH forming an electoral pact with BN, it may impact on support. 

BN only managed to win 30 seats in Parliament - an indication that they are on the way out.

Now, PH's partnership with BN may also lead to the demise of PH. 

 

High Court acquits Bung Moktar and wife Zizie Izette of all three graft charges

High Court acquits Bung Moktar and wife Zizie Izette of all three graft charges
Kinabatangan MP Datuk Seri Bung Moktar Radin (pic) and his wife Datin Seri Zizie Izette Abdul Samad have been acquitted and discharged of all three corruption charges. ― Picture by Hari Anggara

KUALA LUMPUR, Sept 7 ― The High Court here today acquitted and discharged Kinabatangan Member of Parliament Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad of all three corruption charges.

Judge Datuk Azhar Abdul Hamid made the decision after allowing the couple’s applications for a revision against the Sessions Court's decision ordered them to enter their defence on the corruption charges amounting to RM2.8 million involving a RM150 million investment in Public Mutual Berhad unit trust.

Bung, 63, looked calm while Zizie Izette, 44, cried after hearing the decision.

Judge Azhar ruled that it was a fit and proper case to exercise revisionary power under Section 323 of the Criminal Procedure Code (CPC).

“After examining the records of proceedings this court finds that there is no evidence that the 24th prosecution witness namely Public Mutual Berhad’s investment agent Madhi Abdul Hamid and the 25th prosecution witness Unit Amanah consultant, Norhaili Ahmad Mokhtar had given money to Bung Mokhtar through his wife.

“So the decision of the Sessions Court to call for defence is a miscarriage of justice. I hereby invoke Section 325 of the CPC to acquit and discharge both of them,” said the judge.

The prosecution was led by deputy public prosecutor Low Chin How while lawyers Datuk K. Kumaraendran and M. Athimulan acted for Bung Mokhtar and Zizie Izette respectively.

The Sessions Court, on September 2 last year, ordered Bung Mokhtar and Zizie Izette to enter their defence on all three corruption charges. This prompted them to file revision applications in the High Court against the Sessions Court’s ruling.

However, the High Court struck out their applications without hearing the merits of the applications after allowing the prosecution preliminary objections against the applications.

The couple subsequently filed the appeal to the Court of Appeal and on July 7, 2023, they won the appeal and the court remitted back the revision applications to the High Court for the merits of the applications to be heard.

On May 3, 2019, Bung Moktar who was then the non-executive chairman of Felcra, was charged with two charges of accepting bribes of RM2.2 million and RM262,500 as an inducement to obtain Felcra approval to invest RM150 million in Public Mutual unit trusts.

He is alleged to have accepted the bribes from Public Mutual Berhad’s investment agent Madhi Abdul Hamid through Zizie Izette at Public Bank Taman Melawati Branch here between 12.30pm and 5pm on June 12, 2015.

Bung Moktar was also charged with receiving RM337,500 in cash from Unit Amanah consultant, Norhaili Ahmad Mokhtar, under the name of Zizie Izette for the same reason and place on June 19, 2015, while Zizie Izette is facing three charges of abetting her husband over the matter at the same place, date and time.

Previously, Sessions Court Judge Rozina Ayob had fixed September 23, 2022, for Bung Moktar and Zizie Izette to enter their defence.

On September 23, 2022, the High Court here allowed their applications to postpone the defence trial pending disposal of their revision applications.

The trial was set on July 20 2023, but it was adjourned again pending the disposal of the revision applications.

The Sessions Court had set September 13 for mention of the case for parties to update the court on the revision applications that had been heard today at the High Court. — Bernama, Malay Mail, 7/9/2023

Zahid confirms Umno rejected local council seats in Selangor

Mohd Farhan Darwis-

Umno president Ahmad Zahid Hamidi insists that there is nothing to be disappointed.


Ahmad Zahid Hamidi said one of the main reasons the local council seats was rejected was the fact that not all Umno division leaders could be appointed. (Bernama pic)

PUTRAJAYA: Umno president Ahmad Zahid Hamidi has confirmed that the party rejected local council seats offered by the Selangor state government.

Zahid said he respected the decision conveyed to him by Selangor Umno during a meeting last night, adding that there was nothing to be disappointed about.

The deputy prime minister said one of the reasons for the rejection was that some Umno division leaders could not be appointed as local council members.

“It is not a question of being greedy. We have 22 division chiefs (in Selangor), so if there are some who do not get (appointed), then it is better that none of them are appointed,” he said.

“Even though we (Umno) are not in local councils (in Selangor), we still support the state government,” he said in Putrajaya today.

Last Saturday, Selangor Umno said that it decided to return its quota of 20 local council members to the state government.

In making the announcement, Selangor Umno chief Megat Zulkarnain Omardin said the quota of 20 positions allocated to Umno was just 7% of the 288 positions in Selangor’s 12 local councils.

Umno and PH joined forces in Selangor following the formation of the federal unity government, a cooperation that saw them win 34 out of 56 seats in the state assembly elections last year.

Umno, which won Dusun Tua and Sungai Tawar, was allocated one executive council seat, returning them to the state administration for the first time since their defeat in the 2008 general election. - FMT, 22/1/2024

 

Release suspect Chegubard From Remand Detention, And Just Call Him In When Required For Further Investigation Just Like Najib and Zahid Hamidi ...(MADPET)

# Statement carried by Focus Malaysia(See below)

 Media Statement – 29/4/2024

Release suspect Chegubard From Remand Detention, And Just Call Him In When Required For Further Investigation as was done in the cases of ex-PM Najib and current DPM Zahid Hamidi

The draconian Sedition Act and Section 233 of the Communication and Multimedia Act, which ought to have been repealed, has been used again, and this time the victim is an Opposition party, Parti Pribumi Bersatu Malaysia (Bersatu)’s  Badrul Hisham Shaharin, also known as Chegubard. MADPET(Malaysians Against Death Penalty) and other groups have long been calling for the repeal of the Sedition Act and Section 233 and other draconian provisions in CMA.

Apparently, the arrest and remand of Badrul was about comments ‘over a post on Facebook where he quoted Bloomberg and Singapore media on reports claiming that a casino would be established in Forest City, Johor.’ The Business Times on 25/4/2024 had a report entitled ‘Malaysia mulls over plans for casino in Forest City as part of Johor-S’pore Special Economic Zone: sources’, and Bloomberg on the same day had a report entitled, ‘Malaysia in Talks With Tycoons on Casino to Revive $100 Billion Forest City’

Malaysia has a casino, and various gambling operations, and anyone can in the future open up a casino or gambling operations provided they get the needed license/permits as per the laws like Betting Act 1953 and Common Gaming Houses Act 1957. Hence, how can it be wrong for anyone making plans or having discussions about casinos and other forms of legitimate gambling activities or talking about it.

According to media report, Badrul was commenting based on information from media reports. One wonders whether the Malaysian government has to date taken any action against Business Times and/or Bloomberg. If there is anything false in the reports, the government and relevant parties could always provide information and demand a correction. Hence, the arrest and now the remand of a person who commented based on media reports raises questions.

Remand Not Needed For Further Investigation

Badrul Hisham was arrested on 27/4/2029, and the police applied for remand on 28/4/2024 and obtained a remand order for 2 days for the purpose of investigation. In cases like this, it is MADPET’s opinion that is no reason for the suspect to held in detention for the purpose of investigation. He could be released and ask to present himself at a particular time for purposes of investigation. If he did not come, then maybe remand may be used.

We recall the case of convicted former Prime Minister, who is now serving his prison sentence, and note that Najib Razak was allegedly never remanded, and forced to spend time in police lock-up with other detainees, where Malaysian lock-up conditions are much to be desired.

We recall Zahid Hamidi, our Deputy Prime Minister, where he was initially not remanded but had to appear on stipulated times for purpose of investigations until just before he was brought to court to be charged. ‘Zahid was arrested at 3.15pm, following his sixth session with the MACC at its headquarters in Putrajaya since July. He will be brought to the Session Court in Kuala Lumpur at 8am tomorrow.’(Malaysiakini, 18/10/2018). In Zahid’s case, there was even no need to apply to the Magistrate for a remand order, which is required if the police or MACC wants to detain the suspect beyond 24 hours from the time of arrest, as he was detained for just about 5-6 hours before taken to court and charged.

Hence, was there really any need to keep Badrul Hisham in detention for the purpose of investigations. MADPET believes that he and most other suspects will turn up for appointments for the purposes of investigation.

Lock-Up Conditions, Death In Custody and Impact on Income Generation

In 2017, ‘…the Human Rights Commission of Malaysia (SUHAKAM) has described the Ayer Molek Police lock up conditions as deplorable and hazardous to the health and wellbeing of its occupants…’(NST, 16/8/2021). Many other police lock-ups are still in bad condition. We have to acknowledge that torture and even death in custody also happens in Malaysia’s police lock-ups.

Remand of suspects affects their income generating activities and causes hardship to themselves, their family and their dependents. It must be noted that most suspects never even get charged, or even if they are, they might be found not guilty. Remember one is presumed innocent until proven guilty in court after a fair hearing.

Remand also can be ‘income generating’ opportunity for the corrupt officers, who charge monies to get detainees food and drinks, use of smartphones, etc. Remand also has financial implication for the government. Would it not be more just for suspects be released after investigation is done for the day, and required to attend at a specified later date and time for further investigations if needed?

MADPET hopes that there is no abuse of remand for punishment, when it is only for the purpose of investigation.

How many hours really investigated? How many hours wasted in lock-ups?

Hopefully, after Badrul is released, he will tell us all how many times and how many hours was he subject to investigation, and how long he spend simply languishing in the lock-up.

Use other laws not Sedition Act or Section 233 Communication and Multimedia Act if people are suspected of committing criminal offences.

MADPET calls for the immediate release of Badrul Hisham Shaharin from remand detention, and that the police fix further appointments for investigation if needed;

MADPET reiterates the call for the repeal of Sedition Act 1948; and Section 233 and other draconian provisions in the Communication and Multimedia Act; and

MADPET calls again for an immediate moratorium pending repeal on the usage the Sedition Act and other draconian laws or provisions in laws.

 

Charles Hector

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

## Since the issuance of the Statement, Badrul has been charged for 2 offences, and was released on bail of RM20,000, and to date we have not yet have sight of the offences he has been charged with. Media should report the wordings of the charge - not just summaries or briefs. 

According to the charge sheet, Chegubard is accused of posting seditious material on Facebook on April 6, which is an offence under Section 4(1)(c) of the Sedition Act 1948 and is punishable under Section 4(1) of the same act.

He faces a fine of up to RM5,000, imprisonment for up to three years, or both. Repeat offenders can be jailed for up to five years.

He also allegedly made defamatory statements reasonably believed to harm the Yang di-Pertuan Agong’s reputation on Jan 22, which is an offence under Section 500 of the Penal Code and punishable with up to two years imprisonment, a fine, or both. - Malaysiakini, 29/4/2024


NGO: Treat CheGuBard like Zahid; just call him in to facilitate investigation instead of remand detention

THIS is not to condone the erratic behaviour of Perikatan Nasional (PN) activist Badrul Hisham Shaharin a.k.a. CheGuBard (main image, green shirt) but the use of the draconian Sedition Act 1948 and Section 233 of the Communication and Multimedia Act 1998 against the former is regrettable.

This has promoted NGO Malaysians Against Death Penalty (MADPET) to criticise the arrest and remand of Badrul Hisham who is also the Bersatu information committee member over comments made in a Facebook post where he quoted Bloomberg and a Singaporean media on reports claiming that a casino would be established in Forest City, Johor.

For context, the Singapore Business Times had on April 25 published a report entitled “Malaysia Mulls Over Plans for Casino in Forest City as Part of Johor-S’pore Special Economic Zone: Sources” while Bloomberg on the same day had a report entitled “Malaysia in Talks with Tycoons on Casino to Revive $100 Billion Forest City”.

Lawyer Rafique Rashid said he had received confirmation from the federal police that Badrul Hisham will be charged under Section 500 of the Penal Code and Section 4(1)(c) of the Sedition Act 1948 at the Cybercrime Sessions Court at 9.30am today (April 29).

“In cases like this, it is MADPET’s opinion that there is no reason for the suspect to be held in detention for the purpose of investigation,” the NGO’s co-founder Charles Hector pointed out in a media statement.

“He could be released and ask to present himself at a particular time for purposes of investigation. If he did not come, then maybe a remand order can be issued.”

For the record, Badrul Hisham was arrested on Saturday (April 27) with the police having applied for his remand yesterday (April 28) in which they obtained a remand order for two days for the purpose of investigation.

Charles Hector

“We recall the case of incarcerated former premier Datuk Seri Najib Razak who was allegedly never remanded or forced to spend time in police lock-up with other detainees whereby Malaysian lock-up conditions leave much to be desired,” noted Hector.

“We also recall Deputy PM Datuk Seri Ahmad Zahid Hamidi who was never remanded but (only) had to appear on stipulated times for the purpose of investigations until just before he was brought to court to be charged.”

Added the human rights activist and lawyer: “In Zahid’s case, the need didn’t even arise to apply to the Magistrate for a remand order which is required if the police or MACC (Malaysian Anti-Corruption Commission) wants to detain the suspect beyond 24 hours as he was detained for just about five to six hours before taken to court and charged.

“Hence, was there really any need to keep Badrul Hisham in detention for the purpose of investigations? MADPET believes that he and most other suspects will turn up for appointments for the purposes of investigation.” – April 29, 2024, Focus Malaysia

* See the full report as it contains pictures of the Facebook post

 

Chegubard in lockup for Forest City casino comments on Facebook

PARTI Pribumi Bersatu Malaysia (Bersatu) information committee member Badrul Hisham Shaharin, also known as Chegubard, was arrested for his Facebook comments alleging a casino in Forest City, Johor.

His remand started today and was confirmed by his lawyer, who said they objected to the four-day remand, securing a two-day remand instead.

According to his lawyer Rafique Rashid, the arrest is to facilitate a police investigation into a social media posting made by Chegubard regarding alleged talks on the opening of a casino in Forest City, as reported by Bloomberg.

Prime Minister Datuk Seri Anwar Ibrahim denied the casino claims made in reports by Bloomberg and Singapore’s Strait Times that linked Anwar and King of Malaysia Sultan Ibrahim Sultan Iskandar to discussions about the casino.

Chegubard, said Rafique, was arrested at the Tapah Rest and Recreation area in Perak about 7pm before he was brought to the Dang Wangi district police headquarters.

“The arrest is related to his Facebook posting on the alleged opening of a casino in Forest City as reported by Bloomberg. The case is being investigated under Section 4(1) of the Sedition Act and Section 233 of the Communications and Multimedia Act.

“The application for remand will be heard at the Dang Wangi district police headquarters at 8.45am today,” said Rafique in a statement.

Anwar described the claims made in the report as a ‘lie’. Genting Malaysia Bhd has also come forward to dismiss the claims made in the report.

Genting Malaysia said neither the company nor its chief executive officer Tan Sri Lim Kok Thay were involved in discussions about the opening of the casino.

Meanwhile, a pro-Pakatan Harapan portal today said former law minister Datuk Zaid Ibrahim erred big time as he attempted to defend Chegubard.

It chided the former law minister, saying he overlooked the fact that Chegubard had implicated Agong and Anwar in the matter.

This morning, Zaid questioned the need for the police to arrest Chegubard over a post on Facebook where he quoted Bloomberg and Singapore media on reports claiming that a casino would be established in Forest City, Johor.

“Why is he being investigated for sedition and the (Communication and) Multimedia Act? Ridiculous. And that is not enough. They had to remand him. Why remand and put him in custody when the police could quickly proceed with the investigation and allow CheBard his freedom, which he is entitled to?

“Chegubard has never failed to cooperate with the police on countless investigations into him,” Zaid wrote. – April 28, 2024, Focus Malaysia

 

Zahid arrested, expected to be charged tomorrow
Published:  Oct 18, 2018 4:23 PM
MACC has arrested Umno president Ahmad Zahid Hamidi and he is expected to be slapped with charges related to graft and money laundering tomorrow.

In a statement today, MACC said this was in connection with investigations involving an unnamed foundation.

The commission also said the former deputy prime minister is being investigated for abuse of power, criminal breach of trust and money laundering.

The Attorney-General's Chambers had consented to the charges.

The commission added that Zahid will face charges under the MACC Act 2009 and the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Zahid was arrested at 3.15pm, following his sixth session with the MACC at its headquarters in Putrajaya since July.

He will be brought to the Session Court in Kuala Lumpur at 8am tomorrow.

In July, the Bagan Datuk MP was questioned twice by MACC. The first round of questioning concerned the alleged donation by the Saudi royal family to former prime minister Najib Abdul Razak, while the second round was in relation to welfare foundation Yayasan Akal Budi's funds. - Malaysiakini, 18/10/2018

Ayer Molek police lock up 'deplorable'; Suhakam calls for review

KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has described the Ayer Molek Police lock up conditions as deplorable and hazardous to the health and wellbeing of its occupants.

Suhakam chairman Tan Sri Razali Ismail said based on a recent visit to the lock up in Johor Bahru found that all cells were in extremely poor and dilapidated conditions, and detainees have been deprived of drinking water and even food.

Razali said pursuant to its legislated mandate for an independent and objective scrutiny of the conditions and human rights situation of lock ups, Suhakam visited the premise on July 31 before stating its observation in the open today.

" Several critical issues such as healthcare practices and basic human rights have been denied for the detainees. SUHAKAM is extremely concerned to learn that drinking water was only provided three times a day," he revealed.

Razali emphasised that having access to safe drinking water was central to living a life in dignity; and in accordance with Rule 20(2) of the Standard Minimum Rules for the Treatment of Prisoners, drinking water shall be made available to every prisoner whenever he needs it.

"While detainees are entitled to clothing that is clean, there was also an overall shortage of clean lock up clothes," he added.

The Ayer Molek Police Lock Up was formerly a prison with the capacity of 180 detainees but was converted into a temporary police lock up in Jan 2009.

While detainees were not necessarily subjected to overcrowding, Razali said the cells were small, without adequate lighting and ventilation as well as bedding.

He added that during the visit, Suhakam also received complaints regarding the quantity and quality of food that was provided.

"Suhakam finds it unacceptable that the daily food budget for detainees is RM 8 for three meals per detainee.

"Even the lock up staff acknowledge that this amount does not allow for sufficient portions that are nutritionally balanced, and adequate according to the diet prescribed by the Health Ministry," Razali said.

He said if acceptable standards in detention cannot be maintained, the Ayer Molek lock up and other lock ups in similar conditions should be closed.

"There is an urgent need to undertake a review of the budget allocation for food and potable drinking water for detainees throughout the country, as we believe that similar circumstances exist in other lock ups as well.

"Given the numbers of persons in detention, the allocated national budget for this population must be revisited," he said in a statement.

Razali added that checks also revealed the absence of a custodial medical team and medical officer at the lock up as stipulated under the Lock Rules 1953 to provide immediate medical care to detainees.

"This has been said over and over again and despite our repeated and numerous recommendations, the situation remains the same.

"Overcrowding, inadequate access to healthcare services, poor nutrition, hygiene and sanitation are not only violations of human rights, but these conditions increase the risk of the spread of diseases such as tuberculosis within the lock up," he said.

In the past there have been cases of police officers stationed at the lock up who had contracted tuberculosis from sick detainees.

"Suhakam observes that the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), which is a soft law instrument that contains provisions protecting the human rights and personal liberties of detainees, are not being fully complied with in this case," Razali said.

He said the lock up management must ensure that the detainee’s unconvicted status is demonstrated in their treatment and called on the Home Ministry to take immediate steps to better the conditions endured by persons who are on remand and not yet charged.

Razali added the conditions were so poor that they amoun

ted to cruel, inhuman or degrading treatment and reiterated that treating persons deprived of their liberty with humanity and respect for their dignity is a basic and universally applicable tenet; the applicability of which cannot be dependent on budget or financial resources of a lock up.- NST, 16/8/2017