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...
A new record - biggest breakout from a Malaysian detention facility - 528 persons? How did this even happen? These facilities generally have strict security ...men, women and children.
ROHINGYAs - are they not to be considered 'REFUGEES' -so, why were they being detained in an Immigration Depot in the first place. Should these 'refugees' really be humanely housed in temporary shelters rather than being detained like 'criminals'...
Deaths in Custody - 10? They were in government(the Immigration Department) custody.. They were detainees of the government, and if they died escaping, I believe this will still be death in custody. Coroner - please have an INQUEST fast
According to sources, a total of nine of the escapees were killed in
trying to cross the North-South Expressway in Jawi, while one more died
in the detention centre during the riot due to illness.
RIOT? I wonder...because whenever workers protest, they call it a 'RIOT", whenever the people protest, they call it a 'RIOT"... and here again, the media calls it a 'RIOT" - why did they all 'BREAK FREE'?
The fundamental problem is that Malaysia legally do not recognize 'REFUGEES' - we only recognize legal(documented) and illegal(undocumented) foreign nationals or migrants. Malaysia need to enact a law recognizing the refugee and the asylum seeker, a law that will stipulate how Malaysia will treat people claiming such status...Malaysia may not want to ratify some UN Convention but at the very least have a local Malaysian law..
I thought Malaysia considered the Rohingyas as 'refugees' - but explain why they are being detained at Immigration Detention Centres..
How can even the Human Resource Minister talk about employment for refugees including Rohingyas when Malaysia do not in law recognize 'refugees' and 'asylum seekers' ...
Breakout Rohingya still at large have no specific place to go to [NSTTV]
GEORGE TOWN: The Rohingya illegal immigrants who fled the temporary
Immigration Detention Depot located at a former National Service Camp at
Jalan Besar Relau in Bandar Baharu, Kedah, early today walked for about
10km before they were spotted in Nibong Tebal.
Some of them were barefooted when found, there was also a mother who was carrying her one-year-old child and some elders.
State police chief Datuk Mohd Shuhaily Mohd Zain said they were
walking aimlessly and were following the movement of the others.
"They appear to be heading south, but without a specific location.
"As such, we are asking cooperation from the Perak police contingent
to help us track down the remaining illegal immigrants still at large.
We also believe some of them have escaped into the jungle," he told
newsmen here this afternoon.
About 4.30am today, 528 illegal immigrants comprised mostly Rohingya
fled the temporary Immigration Detention Depot located at a former
National Service Camp.
Following their escape, villagers nearby managed to apprehend 88 of
them before surrendering them to the Immigration authorities.
Subsequently, police rearrested some 229 illegal immigrants, at Km168 of the North South Expressway (NSE) here.
In their haste to escape, six people — two men, two women, a boy and a girl — were killed while crossing the highway.
Video footages of the illegal immigrants escaping and the accident have since found their way on social media.
Meanwhile, Mohd Shuhaily said the six people killed were rammed by a car while trying to cross the highway in a group.
He said they were rammed by a Toyota Vios, driven by a man, in his 50s, who escaped unhurt but was shocked over the incident.
Asked if the six were family members, he said investigation was still
ongoing and police had obtained a statement from one of the next-of-kin
who was rearrested.
Mohd Shuhaily said all the illegal immigrants were waiting for deportation and police believed they would not act aggressively.
"With 12 hours passed since they fled, we believed those still at large may be tired and may be getting help from the locals.
"As such, we urged for cooperation from the public who come across
any of them to coax them to surrender themselves. They can also contact
any of the nearest police stations for help," he added.
Mohd Shuhaily said state police had mounted three roadblocks to hunt
for those still at large at Jalan Sungai Baung, Sungai Bakap; Jalan
Tasek Valdor, Simpang Empat and Jalan Kerian-Kedah.
Police have also set up 17 arresting teams comprising four officers
and 80 personnel, as well as to work with other enforcement agencies for
the purpose.
"We will continue with this operation until we are satisfied that all those who fled have been rearrested," he added. - NST, 20/4/2022
The Rohingya illegal immigrants who fled the temporary Immigration Detention Depot located at a former National Service Camp at Jalan Besar Relau in Bandar Baharu, Kedah, early today walked for about 10km before they were spotted in Nibong Tebal. - Bernama pic
Depot riot: Women, children among Rohingya casualties, say Penang cops
By G.C.TAN
Nation
Wednesday, 20 Apr 2022
ALOR SETAR: Women and children were among Rohingya detainees killed in several road accidents while trying to escape from the immigration detention depot in Relau, Bandar Baharu here on Wednesday (April 20), say Penang police.
Penang police chief Comm Datuk Mohd Shuhaily Mohd Zain said in one of the accidents, six of the escapees comprising two men, two women and two children (a boy and a girl) were killed.
"Police with the help of local villagers managed to rearrest 317 of the inmates while 205 of them are still at large," said Comm Mohd Shuhaily.
Earlier Wednesday, a riot at an immigration detention centre in Relau, Bandar Baharu in Kedah resulted in a massive prison break that saw about 500 detainees fleeing.
According to sources, a total of nine of the escapees were killed in trying to cross the North-South Expressway in Jawi, while one more died in the detention centre during the riot due to illness.
In December 2021, many in Malaysia suffered the impact of floods. - and this is happening annually. Finally, our Prime Minister is talking about PREVENTING FLOODS and no more just 'Flood Relief'.
The government is focusing on seeking
comprehensive long-term solutions to the flood problem to reduce risks
and the number of affected locations in future disasters, said Datuk
Seri Ismail Sabri Yaakob (pic). The prime minister said this
would be the main agenda of the National Disaster Management Committee
once the post-flood operations were completed, and it would involve
state governments, government ministries and agencies, as well as
experts in related fields.- Star, 1/1/2022
To deal with FLOODS, primary responsibility is really with the LOCAL GOVERNMENT(Local Councils) and the respective STATE governments. Of course, Federal Government can help in other states, but is fully responsible for the Federal Territory with the relevant Local Government.
What needs to be done?
RIVERS need to be maintained - thanks to logging, erosion and other debris, the depth/width of the river will reduce - hence its capacity to carry water without overflowing its banks and causing flooding. So, there is a need for active RIVER DEEPENING and maintenance.
Ismail said the measures could include more flood mitigation
projects, deepening rivers and other waterways like in Kedah - FMT, 1/1/2022
KEDAH has been doing 'deepening of rivers and other waterways' - hence, it is an experience that Malaysia has.
Expected that the Pahang and other State governments to have come out and told us what they are going to immediately do to reduce the impact of floods - but to date, there seems to be only silence and inaction on the part of the Pahang(and other State) governments and the Local Councils.
We are now in April 2022, and after 4 months plus since our PM's announcement, the respective State and Local Government is not moving urgently - soon, it will be December and the floods will affect many all over again.
I was a victim of the flood, where water rose to about 4 feet within hours hence causing massive destruction to furniture, refrigerators, washing machine, computers, etc. If power points are underwater, that meant replacement of all power-points.
The Federal Government gave RM1,000 to victims, and the Pahang State government gave RM500. The Federal government also provided a RM500 voucher when one purchases electrical items damaged by flood. What was paid out was pittance, as losses can range from RM10,000 to RM50,000, not including the time and cost of cleaning, etc
It makes sense that the government(Federal, State and Local) act now to prevent floods from affecting the people.
In some places, every time there is a heavy rain, there are flash floods - WHY? Poor drainage...or too shallow drains >> insufficient to ensure water flows carefully.
Local Government obviously is responsible - they should be acting to prevent floods. Important roads where parts that get flooded should be elevated. There can be dams, and even walls - flood prevention walls, barriers
Drainage - large drainage and waterways that comes into operations, when river level rises to direct water from places where people live/work, to catchment wells or even back to the main river deep enough to handle the water.
Sungai Semantan in Temerloh was the one that overflowed and caused flooding, and as such Mentakab was badly affected but not Temerloh. Should not measures be taken to maybe build a large deep drain earlier on all the way to Sungai Pahang to prevent flooding.
Local Councils have been approving buildings - where former paddy fields, swamps, low areas that use to catch flood water - now to be filled up and built upon - the result is that the flood now spreads much faster and affects more areas... Should not these low lying 'natural flood mitigation sites' be acquired by government and/or preserved.
CAN YOU SUE the government for the FLOOD? Yes, you can and you can sue the Local Council, State Government, the Department/Agencies responsible for Rivers/Forest, etc for their failure to do the needful to prevent floods...
They collect taxes > and it is the duty of the Local Council, State Government and the Federal Government to PROTECT us from floods or at the very least take necessary efforts to prevent our homes/workplaces from being affected by flood.
Victims of flood can go to court and ask the court for a declaration as to who is responsible to prevent/mitigate floods - the Local Council, the State government or the Federal Government, and if they failed in their duty that they should fully compensate the victims for the damages caused by floods.
We do not want a government that prioritize 'flood relief' rather than actually trying to prevent flooding in the first place. Many countries have done this - when will Malaysia do it? Our drains really need to be deeper and bigger - and the local council is responsible for regular(weekly) cleaning of drains ...make sure that drains around Tamans actually flow somewhere like a river...have you come across drains that flow around, and not into rivers...??
Has any Local Council(the Local Government) come up with plans to prevent flood affecting living areas of its people...??? I wonder when we will have LOCAL GOVERNMENT ELECTIONS - then we will have a Local Council not just our there collecting cukai/tax, fees and fines > but more committed to preventing people in their area from floods. In Temerloh local government are, some traffic lights are still not working, some lines on the road remain invisible...I sometimes wonder whether we pay the local council so much monies annually just for them to pay their many workers??? We do not even know where OUR monies go, because there is NO INCOME EXPENDITURE information on websites of many Local Councils...
PH, the PN promised local council elections - but still nothing. If elected, then local Councillors will have to do work for the people, or risk being 'kicked out' in the upcoming elections.
"... governor of Bangkok has pledged to end the flooding that plagues the
capital each year and says he has the tools to do it. Aswin Kwanmuang
says the construction of another 2 underground water tanks, in addition
to 2 that have been completed, will be done within the next 2 years,
helping to put an end to Bangkok’s ongoing flood issues...According
to a Bangkok Post report, the Bangkok Metropolitan Administration boss
says the project, which has been running since 2018, will put an end to
flood misery in the capital. With 2 underground retention tanks built,
work has now begun on another 2. Together, the 4 tanks will have
capacity to hold the runoff from up to 100 millimetres of rain every
day. The tanks will help 4 areas of the capital that are particularly
prone to flooding, preventing damage to property, alleviating traffic
congestion, and protecting the city’s economy...'
Please do something so that flood will not be an annual affair for many ... What will Malaysia do? After flood, a lot of talk/assurances ....then 'silence' and when another flood comes, ... LET's ACT now, so that flood is MITIGATED if not stopped...
Much of Taman Sri Muda was submerged after the heavy rainfall on Dec 17 and 18, resulting in losses of millions of ringgit.
PETALING JAYA: Flood victims in Taman Sri Muda, Shah Alam, will file a
class action in negligence against the authorities over the massive
flood that claimed nine lives in their area and displaced nearly 4,000
people last month.
The suit is expected to name the Shah Alam city council, Selangor
drainage and irrigation department, the National Disaster Management
Agency (Nadma) and the federal and Selangor state governments.About 40 people from Taman Sri Muda had shown interest to be part of the suit, said lawyer Sachpreetraj Singh Sohanpal.
He
said the crux of the suit involves negligence, as government agencies
owe a duty of care to Selangor residents, including providing sufficient
drainage and adequate response in times of disaster.
“Victims, residents, businesses or anyone at all affected by the flood in Taman Sri Muda are welcome to get in touch,” he said.
At least 25 people died in the floods in Selangor, with most of the deaths occurring in Shah Alam. - FMT, 16/1/2022
Ng (second from right) handing over the letter of demand to Aminuddin’s political secretary Mokhtar Ahmad at Wisma Negri.
A group of residents and business operators whose
properties were damaged by flash floods in Seremban last November plan
to sue the Negri Sembilan government for damages, says Rasah MCA
secretary Ng Kian Nam.
Ng, a lawyer who will be representing the group on a pro bono basis, said the suit would be filed next month.
“I
will meet the 199 residents and business operators to discuss this.
Once we have established how many are prepared to continue with the
suit, we will file it, ” said Ng, who is also MCA Civil Society Movement
bureau head.
Apart from the state government, the group will
take legal action against the Seremban mayor, state Drainage and
Irrigation Department director and Syarikat Air Negri Sembilan.
On Jan 29, the victims sent a letter of demand to the parties seeking compensation for the Nov 4 flash floods.
They claimed that the parties were responsible for their losses as the flash floods were caused partly by negligence.
They
alleged that the authorities had among others, failed to exercise a
reasonable duty of care to manage or open the floodgates around the
Sungai Linggi water treatment plant when there was heavy rain upstream,
failed to upgrade the floodgate system to release excess water and to
provide a better drainage system in the affected areas.
They said they would be seeking RM8.8mil in special damages
as well as RM1mil for pain and suffering, exemplary and aggravated
damages.
Ng expressed regret that the state government had failed to respond to the letter of demand from the victims.
“The
state government failed to respond within 14 days or tell us the
findings of their investigations on what caused the flash floods.
“They also failed to explain their plans for the future to prevent a recurrence, ” he added.
On
Wednesday, Mentri Besar Datuk Seri Aminuddin Harun said the state
government could not be held responsible for the flash floods.
“The flash floods were unexpected and beyond our control.
“It was an act of nature and it happened in other states too.
“In
this case, the non-governmental organisation or society that is
supporting the residents should also go to other states and support the
flood victims there, ” he said after chairing the state exco meeting at
Wisma Negri in Seremban.
Aminuddin said his administration had
been proactive and helped the victims by giving RM500 each to some 1,000
households and business operators affected by the flash floods. - Star, 20/2/2021
Malaysians seems to be taken for a ride when the government tabled the anti-party hopping Bill, which turned out to be a short Bill that only deals with Article 10, and there is no amendment relating to what happens when a MP/ADUN changes party after being elected. See the copy of the proposed Bill below..
Article 48 of the Federal Constitution that deals with disqualification of an MP should have been amended at the same time > Added disqualification like '(g) If he or she joins another party or leaves the party and decides to remain an Independent member; or (h) If a member was elected as an independent and joins a part..SHOULD HAVE BEEN PART OF THE BILL -as it deals with 'party hopping'. When the Constitution provides for specific situation when a MP will be disqualified, disqualification for hopping parties after being elected must be in Article 48 of the Federal Constitution - an additional Act that elaborates further is OK, but an Act of Parliament alone dealing with 'party hopping' cannot solve the problem as situations leading to disqualification already in a specific Article in the Federal Constitution - read the Bar Resolution below.
Voter's right is the priority, not the rights of political party - but the worry is that that anti-hopping law(that may come in the future) may be more concerned about the political parties' rights - how to control their party MPs/ADUNs - and maybe even to 'force' MPs/ADUNs to stay in their parties.
All Malaysia needed to do was to amend the Constitution as follows, as was done before in some other countries
11.
An example of such provisions that disqualifies MPs that
jump parties could be seen in Uganda in Article(83) of their
Constitution, where it is stated that ‘…a Member of Parliament may lose his or her seat in any of the following instances—
- On resignation in writing to the Speaker;
- If he or she subsequently ceases to qualify to be a Member of Parliament;
- If he or she is absent from 15 sittings without permission of the Speaker;
- If he or she is found guilty of violation of the Leadership Code of Conduct;
- If he or she joins another party or leaves the party and decides to remain an Independent member;
- If a member was elected as an independent and joins a party; or
13. As, it is the
Federal Constitution, being Article 48 Disqualification for membership
of Parliament, that need to be amended, specifically Art. 48(1) to add
on 2 additional situation that results in disqualification. being a new
clause (g) and (h)
48
(1) Subject to the provisions of this Article, a person is disqualified
for being a member of either House of Parliament if -
(a) he is and has been found or declared to be of unsound mind; or
(b) he is an undischarged bankrupt; or
(c) he holds an office of profit; or
(d)
having been nominated for election to either House of Parliament or to
the Legislative Assembly of a State, or having acted as election agent
to a person so nominated, he has failed to lodge any return of election
expenses required by law within the time and in the manner so required;
or
(e) he has been convicted of an offence by a court of law in
the Federation (or, before Malaysia Day, in the territories comprised in
the State of Sabah or Sarawak or in Singapore) and sentenced to
imprisonment for a term of not less than one year or to a fine of not
less than two thousand ringgit and has not received a free pardon; or
(f)
he has voluntarily acquired citizenship of, or exercised rights of
citizenship in, any country outside the Federation or has made a
declaration of allegiance to any country outside the Federation.
(g) If he or she joins another party or leaves the party and decides to remain an Independent member; or
(h) If a member was elected as an independent and joins a party
Then, the much awaited anti-party hopping Bill was recently revealed.and it was most disappointing... there is nothing about party hopping in that Bill at all. THERE IS NO NEEDED Constitutional AMENDMENT OF ARTICLE 48 - that will automatically disqualify a Member of Parliament if after being elected leaves the party and/or joins another party. Thereafter, to further elaborate, an Act of Parliament or an amendment of existing Acts is possible.
But, the question is WHY Article 48 was not amended that would have automatically disqualified MPs that switched parties?
Remember, the focus is VOTER's RIGHTS. The voter voted a MP also maybe because of the party he represented or because he stood as an independent. So, if the elected MP changes parties or joins a party - it should be automatic disqualification, followed by a by-election, where the incumbent MP is allowed to stand again > and then the VOTERS will decide who they want as their MP (peoples' representative). They may chose to elect the same MP that changed parties ... The reason why an MP changes parties thus becomes important. If the party suddenly takes a position that is opposite to what a particular MP (and his/her constituents)'s position > then there may be no CHOICE but to quit the party as after all, a MP is the PEOPLES' REPRESENTATIVE ELECTED BY THE PEOPLE - and NOT the Political party representative. [If in elections, we are simply asked to choose a political party, then it will be different - but that is not the case in Malaysia, we chose a HE or SHE as the peoples' representative...full stop.]
Many political parties BENEFITED from MPs leaving other parties and joining their party...BERSATU after GE14 had only 12 or 13 MPs but the number swelled because of party hopping to 32?
32 Bersatu MPs, 14 were lawmakers who defected from Umno and another 11 were from PKR.
Switching parties is a fundamental right of anyone - BUT, with 'party hopping MPs' it is different. For example, we, the supporters of PH(which BERSATU was part of) did not VOTE that UMNO candidate ...now finds that same UMNO person now becoming a 'BERSATU or PH MP' - our party MP. Worse, when a political party 'acquires' opposition MPs sufficient to even change the government..
With the MOU between government and Opposition, an amendment of the Federal Constitution, which requires two third majority, would have been easily achieved if the government and the Opposition parties really wanted to eliminate 'party hopping of MPs after being elected'.
LOOK at the response of the different political parties to this so-called Constitution Amendment to deal with 'party hopping after being elected' >>> Their public response will show you which party is really concerned about VOTER RIGHTS, and which are not.
The problem is that many a politician is not persons of principle and value - They really are not the 'peoples' representative' when they, without even the support of the voters who chose them choose to change political parties. If an MP leaves a majority party and joins a small Opposition party, maybe it is a matter of 'principle' - but the trend seems to be that MPs leave their parties to join the parties that are in government. WHY? Was it to get a share of the power of government? Was it monies? WORSE are the political parties that accept these 'party hopping MPs' and later even make them candidates of the party for upcoming elections.
So, VOTERS make sure next time you VOTE whether the candidate seeking to be elected as a Member of Parliament(MP) is a GOOD person, who will be your peoples' representative - not a person simply loyal to the Party and/or its leadership, who MAY betray the people they represent in favour of their own party, party leader, etc... Looking at one's history is a good way...a person who never stood up for rights will most likely still never stand up for peoples' rights even if elected as a MP.
Hope is that the BILL be amended to include an amendment of Article 48 of the Federal Constitution which specifically tells us when a MP will be disqualified, which will lead to a by-election allowing VOTERS the opportunity to confirm again who exactly they want to be their peoples' representative... This is FIRST, other matters can come later..
RECALL - that is the process where the people of a constituency is given the right to 'kick out' their MP, irrespective whether he changes party or not. This is normally done if 50% or more of the voters submit a petition saying they have lost confidence in their MP > and this will trigger a by-election. Same like what happens when the PM loses the confidence of the majority >>> This is good, but let us do one by one. First, amend Article 48 - that automatically disqualifies a MP who 'HOPS' to another party.
An Act to amend the Federal Constitution. [ ] ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Constitution (Amendment) (No. 3) Act 2022.
(2) This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
Amendment of Article 10
2. The Federal Constitution is amended in Article 10—
(a) in Clause (1), by inserting after the words “(3)” the words“, (3 a)”; and
(b) by inserting after Clause (3) the following Clause:
“(3a) Notwithstanding paragraph (c) of Clause (2) and Clause (3), restrictions on the right to form associations conferred by paragraph (c) of Clause (1) relating to membership in a political party of members of the House of Representatives and members of the State Legislative Assembly may also be imposed by federal law.”.
EXPLANATORY STATEMENT
This Bill seeks to amend the Federal Constitution.
2. Clause 1 of this Bill provides for the short title of the proposed Act and the power of the Yang di-Pertuan Agong to appoint the date of coming into operation of the proposed Act.
3. Clause 2 of this Bill seeks to amend Article 10 of the Federal Constitution.
Subclause 2(a) seeks to amend Clause (1) of Article 10 consequential to the introduction of a new Clause (3 a) in subclause 2(b) .
Subclause 2(b) seeks to introduce a new Clause (3 a) into the Federal Constitution to enable restrictions on the right to form associations relating to membership in a political party of members of the House of Representatives and members of the State Legislative Assembly to be imposed by federal law.
FINANCIAL IMPLICATIONS This Bill will not involve the Government in extra financial expenditure.
MySejahtera - have Malaysians been deceived? We all thought it was a government owned App, and all the data we provided was only accessible by the government, in particular the the Ministry of Health.
The problem now is our PERSONAL data, which also contains data of our movement, the shops we frequent, etc - Not a major problem if access and ownership was with the Ministry of Health, who we 'TRUST' will not use or sell this data to others.
But now, we are informed that Mysejahtera is owned by a private company - now even a government owned company >>> Hence, the worry for many.
Worse still, is recent news by Code Blue that this is not even a Malaysian company but a foreign company - a Singapore company.
Health Minister said that users' personal data is protected...and is not shared ...
A non-disclosure agreement - well, it is most likely between the company and the government > and not with the individuals who are shareholders, directors, employers(present/former), and so if there is 'theft' of the data, 'disclosure of the data, or abuse of the data - the DAMAGE is done, and the government can sue and will most likely recover damages from the company( most likely not from the individuals concerned. Will we, the individual victims, be compensated - most likely, whatever damages/compensation will go into the government's coffers.
PERSONAL DATA - well, it can be used against us. Would an insurance company be wanting to insure us, knowing our medical history(and possibly those of our family members) which indicate that we at higher risk of contracting some serious disease which makes us HIGH RISK? Just an example ...
I have wondered how in some past elections, I received SMS/Messages to vote for the BN or some other candidate - how did my PERSONAL DATA(my phone number) come into possession of these political party/candidates. Likewise, we receive messages from loan providers, advertisers >>> Who is leaking our personal data.
TRUST in government has been eroded - Trust in MySejahtera have been eroded - why should I provide data of my movements if that is going to some other people...
What the government should do to REMEDY their fumble is to immediately purchase all RIGHTS to the App, and make sure that access and control is 100% in the hands of the Malaysian Government, in particular the Health Ministry ONLY.
If purchase is impossible, the Malaysian government should immediately get their OWN new App, and input all the personal data they have into this new government controlled App.
URGENTLY Enact a law, that will make it a crime for any person to use, disseminate, sell, abuse the personal information of any of the 38 million persons who are currently using the App. Make it a serious offense with prison terms for directors, employees or anyone that have or use of data wrongfully.
The problem is that MySejahtera may have copyright issues - so, best that the government immediately get a new App with a new name > and stop getting MySejahtera certs recognized by other countries > Give us all immediately a Ministry of Health Certificate. This certificate should also be available to the public from any Health Department in every district.
I received my Booster shot overseas, and despite several times informing MySejahtera by email and the app > I have yet to get the Malaysian certificate verifying that I have had 3 shots, including the Booster shot. I should be allowed to go to the Health Ministry to settle the problem - but currently that option seem to be not available >> I was told to deal with MySejahtera directly. Health Minister Khairy must do something about this.
I would have called for the Prime Minister to resign for this massive 'fumble' in failure of government to procure full ownership/control over the MySejahtera App - but that Prime Minister is no more, and we have a new Prime Minister(from a different party) now.
A couple of days ago, "... MySJ Sdn Bhd today assured that data in the MySejahtera
application belonged solely to the government and for pandemic
management purposes only. Its chief business officer Aiza Azreen Ahmad said there was no abuse
of user data as the application is subject to provisions under the
Prevention and Control of Infectious Diseases Act 1988 (Act 342)...".
DATA - is not like monies, shoes, gold. Data can be copies and stolen, and the original remains ...so, even the Minister and the government will not know????
And, who is the MySJ Sdn Bhd - a private company. Our relationship is with the government of Malaysia - the Ministry of Health. So, why is MY SJ Sdn Bhd even 'assuring us'?
We remember the experience with 1MDB, which was, I believe, a 100% government owned/controlled company - and they too denied all, until Najib and others started being arrested and prosecuted and the TRUTH was revealed. Now, MySJ 'chief business officer' is speaking - not even the Chairman/Board of Directors - and we are expected to trust this 'employee'?
Should we BOYCOTT and stop providing our personal private data to some private company now?
Is MYSJ a private company? If it was a 100% government owned company, we may not be so concerned....THERE IS SO MUCH UNCERTAINTY ABOUT THE OWNERSHIP, CONTROL, ETC... Did the Malaysian government 'outsource' this to some private entity when it should be under the 'trusted' government?
And now, there is a court case trying to remove some Directors in MySJ - it is all very worrying..
The Malaysian government must URGENTLY settle matters - and Minister Khairy or PM Ismail Sabri must clearly explain the 'fumble' and how the government should will remedy matters..
Should we continue 'CHECK IN' using the MySejahtera App, or should we just sign the attendance book at the various premises. Providing data to a private company, who maybe is not even by Malaysians anymore is a matter of serious concern...
TOO MUCH Contradictory data out there ... tell us which is FAKE and which is true??
NST Leader: MySejahtera ownership
March 30, 2022 @ 12:00am
This file pic dated July 4, 2020, shows a woman scanning the QR code via the MySejahtera app to enter a premise in Bandar Baru Selayang. - NSTP/ASYRAF HAMZAH
It is true that Malaysians are wont to be cynical, untrusting of government and given to conspiracy theories.
But when inefficiencies like the government's planned procurement of the MySejahtera app come to light, a Malaysian's wildest imaginations cannot compete with the sad truth: The government doesn't even know how to draw up a contract.
That is the jaw-dropping revelation that has come from a parliamentary Public Accounts Committee (PAC) enquiry last week into Covid-19 vaccine procurement. The idea for some sort of Covid-19 contact-tracing app was born at the start of the pandemic in February or March 2020.
Though 11 proposals had been submitted, the mandate was given to KPISoft Malaysia Sdn Bhd (KPISoft) because the company offered to develop the software and manage it for free as a corporate social responsibility (CSR) project for one year. It is unknown what the government thought would happen one year later, but the short of it is that the government took up KPISoft's offer but didn't draw up a legally-binding agreement.
For the past two years, the government has been operating under the impression that it owns the MySejahtera app. But except for a non-disclosure agreement, there is nothing on paper that defines who owns what, who has the ultimate right over what. That works well to the software developer's advantage, but not to the government's. In May 2020, KPISoft changed entities and became Entomo Malaysia Sdn Bhd (Entomo).
In October 2020, Entomo leased the MySejahtera app's software licence and intellectual property rights to MySejahtera Malaysia Sdn Bhd (MySJ) for RM338.6 million for a period of five years and three months until the end of 2025. How could they have done that if the app is owned by the government? The government now finds itself having to buy or make a new deal for what it thought it already owned.
In November last year, the cabinet decided that the MySejahtera system ought to be transferred to MySJ, and based on this decision, the Finance Ministry approved for the Health Ministry to go into direct negotiation with MySJ, provided that the Health Ministry did its due diligence. A PAC check on MySJ's company profile and list of directors revealed the involvement of influential business figures with ties to the ruling party.
It is significant that the PAC chairman summarised the KPISoft deal as a "backdoor way" of getting a contract. A CSR project, bearing no cost to the government, bypasses the normal procurement process, which would have required an open tender, which then would have needed the Finance Ministry's approval.
It is fair enough that beyond the first year, the developer expects to be paid for services rendered, especially as the MySejahtera app's scope is far bigger than what it started out as. But how could the government have been so careless as to not have locked down ownership of it? How hard would it have been to draft a forward-thinking contract? The government claims that user data is safe and in the government's hands; but is that a fact or merely the government's understanding?
Two years on, MySejahtera now has 38 million registered users (residents and visitors) and racks up 30 million check-ins per day. All people in Malaysia are mandated by law to use it. But for want of a contract, the app is now a hostage. Now whose fault is that? - New Straits Times, 30/3/2022
THE Malaysian Health Coalition (MHC) is concerned over recent reports on the ownership and operations of the MySejahtera app. We welcome the Health Minister’s official statement regarding the ownership of MySejahtera (issued on March 27), but we also note the recommendation of the Public Accounts Committee for the government to “take over the operations of the MySejahtera application without involving any additional costs.”
The importance of a centralised national contact tracing application in managing Covid-19 cannot be underscored, hence we urge the government to safeguard the ownership of MySejahtera.
Key issues that may arise if we do not have a trustworthy owner for MySejahtera include breach in personal data privacy, misuse of public data and decline in public trust. This will subsequently erode public trust in governance and accountability, which are key to our successful transition into an endemic state for Covid-19.
We urge the government to rebuild public trust in MySejahtera through regular and transparent updates on privacy and data usage policies for the app. This must include publishing legal documents that explain the data governance (such as which servers, who has access to the data, and how is the data processed).
The rakyat must know the legal structure of all the private companies involved. Technical transfers of ownership for MySejahtera should not be made through direct negotiations without the rakyat’s knowledge. The government and Health Ministry must institute measures, including possible legal recourse, to increase the public’s trust in MySejahtera.
Protecting the rakyat’s health and data privacy must go hand in hand and cannot be compromised at any cost. Public health needs trust to be successful.
Singaporean Company Is MySejahtera Software Owner’s Sole Shareholder
By Boo Su-Lyn |
29 March 2022
Entomo Malaysia Sdn Bhd (formerly KPISoft Malaysia) lists Singaporean
company Entomo Pte Ltd as its sole shareholder; Entomo Pte Ltd’s
biggest shareholder is also a Singaporean company.
The Ministry of Health's MySejahtera Covid-19 app. Picture by CodeBlue.
KUALA LUMPUR, March 29 – The current sole shareholder of Entomo
Malaysia Sdn Bhd – which legally owns the software it used to develop
Malaysia’s Covid-19 app MySejahtera – is a company registered and based
in Singapore, Entomo Pte Ltd.
A Companies Commission of Malaysia (SSM) search today shows that
Entomo Pte Ltd owns 300,004 shares in Entomo Malaysia, formerly known as
KPISoft Malaysia Sdn Bhd, that has issued share capital of RM300,004.
SSM’s record on Entomo Malaysia’s shareholder particulars lists
Entomo Pte Ltd, the sole shareholder, as “foreign”, with a
Singapore-based address.
According to a company search on Singapore’s Accounting and Corporate
Regulatory Authority (ACRA) yesterday, Entomo Pte Ltd has four
directors: Malaysian Raveenderen Ramamoothie; Singaporeans Tan Seng Hong
and Finian Tan; and Indian national Naveen Pralhad Deshpande.
Raveenderen is also Entomo Pte Ltd chief executive officer, based on the ACRA record. According to Entomo’s website, Finian Tan is chairman, whereas Naveen is co-founder and chief operating officer.
Entomo Pte Ltd has paid-up capital of some SG$10.2 million and about US$26 million.
DreamTeam Incorporation Pte Ltd, registered in Singapore with an
address in Singapore as well, is the biggest shareholder in Entomo Pte
Ltd with 35,524,848 ordinary shares in Singapore dollars.
Entomo Pte Ltd – which has 28 shareholders in total – lists five
Singaporean corporate shareholders, two American corporate shareholders,
one Japanese corporate shareholder; as well as eight Japanese
individual shareholders, four Singaporean individual shareholders, three
Malaysian individual shareholders, three Indian individual
shareholders, one American individual shareholder, and one Indonesian
individual shareholder.
The National Security Council (NSC) said in a statement on July 1, 2020
that “KPISoft” was founded by two Malaysians – Anuar Rozhan and
Raveenderen Ramamoothie – who were also the “biggest shareholders of the
company to date” then. NSC also said KPISoft was a local MSC-status
company founded in 2010.
However, SSM records show that KPISoft Malaysia Sdn Bhd, which
changed its name to Entomo Malaysia Sdn Bhd on May 20, 2020, was
incorporated on June 21, 2005.
SSM’s record on Entomo Malaysia’s shareholder particulars also shows
no change of shareholding since January 31, 2017, when the company
registered its document on the date of change in shareholding lodged
with SSM.
This indicates that Singaporean company Entomo Pte Ltd has been Entomo Malaysia’s sole shareholder since at least 2017.
“How can the Cabinet approve this if such information can’t be
accurate?” PAC chairman Wong Kah Woh said, referring to the Cabinet’s
approval last November for direct negotiations with MySJ on MySejahtera.
“Yes, that’s right. Maybe NACSA (National Cyber Security Agency) is
the one who brought this paper, or the NSC. They all didn’t do a
thorough check, but no matter, we have instructed MOH to check this
issue. If it’s found that this really is inaccurate, then Mr Chairman
needs to bring this back to the Cabinet,” replied MOF division deputy
secretary (government procurement) Rosni Mohd Yusoff.
Share Sale Agreement: Malaysian Government Owns Data Collected Through MySejahtera
According to a share sale agreement on December 31, 2020, between two
MySJ shareholders – Revolusi Asia Sdn Bhd and P2 Asset Management Sdn
Bhd – which was disclosed in a supporting affidavit by Entomo Malaysia
in an ongoing court case, Entomo Malaysia is the owner of “all rights,
title and interest, including all intellectual property rights” related
to the MySejahtera app.
This excludes the “trademark and data collected through the operation
of MySejahtera” that are owned by the Malaysian government.
Through an October 6, 2020 licence agreement disclosed by the
affidavit, Entomo Malaysia gave MySejahtera’s intellectual property
rights to MySJ and granted MySJ a perpetual licence to use Entomo
Malaysia’s “proprietary software” to develop and support the MySejahtera
app for RM338.6 million in a deal until end 2025.
The licence agreement states that MySJ only acquires a licence to the
KPISoft software specifically for MySejahtera and “does not acquire any
other rights or ownership interests.”
These public court documents were filed in a lawsuit that P2 Asset
Management initiated last November against Entomo Malaysia, Revolusi
Asia, and MySJ over an alleged breach of a share sale agreement between
Revolusi Asia and P2 Asset Management.
Malaysians Anuar and Raveenderen are on MySJ’s board of directors.
He also acknowledged that a contract had not been created when
KPISoft developed MySejahtera for the Malaysian government for free as
part of a corporate social responsibility (CSR) initiative that ended on
March 31 last year.
The health minister further said that after his appointment last
August, he sought to transfer management of MySejahtera to MOH and to
put a contract into place, as KPISoft had been providing the app’s
services to the government via the NSC without a legal agreement.
MySejahtera, which has 38 million registered users, contains
information on Malaysia’s Covid-19 epidemic, including positive cases,
their location, and those under home quarantine, besides users’ personal
data that includes their name, IC number, phone number, and check-ins
at public premises. - Code Blue, 29/3/2022
Your data in MySejahtera is safe, for pandemic management only, assures MySJ
MySJ
Sdn Bhd today assured that data in the MySejahtera application belonged
solely to the government and for pandemic management purposes only. -
NSTP/AMIRUL JOHARI
KUALA
LUMPUR: MySJ Sdn Bhd today assured that data in the MySejahtera
application belonged solely to the government and for pandemic
management purposes only.
Its chief business officer Aiza Azreen Ahmad said there was no abuse
of user data as the application is subject to provisions under the
Prevention and Control of Infectious Diseases Act 1988 (Act 342).
"The data we have is in the cloud (network) in Malaysia and has never been anywhere else.
"After 30 days, it will be archived and be placed in a sort of demilitarised zone where the public have no access to it.
"And after 90 days, there will be an auto-deletion process of the data.
"The data is owned by the government where we will archive then
delete. We are aware of the public's concern but this is also a way for
us to save lives during the Covid-19 pandemic," she told TV3 Malaysia
Hari Ini programme aired today.
Aiza who is also the MySJ Sdn Bhd acting chief executive officer
stressed that the use of the MySejahtera application is based on the
Health Ministry's Digital Health Strategies.
"It was also discussed that if there is a need for other industry
players (to take over), we must oblige … but for now we want to help
Malaysians."
Aiza said there were currently 29 million active MySejahtera users and 47 million downloads based on MySJ statistics.
"The use of the application is not just about tracing close contacts;
I think it became a concern among users because it was like 'Big
Brother was watching' them because of the MySJ Trace function.
"But people must be aware that Covid-19 has not gone away, it is
still happening. For example, several London flights had to be
rescheduled because the ground staff was found positive.
"As a MySejahtera user myself even though my data is in there, the
transition to endemicity from pandemic must be in stages as we still
need the application to save lives.
"Now even our borders are opened and our vaccine certification has been recognised by the European Union.
On the possibility of a data breach or abuse, Aiza reminded the country has a Personal Data Protection Act (PDPA) 2010.
"The important part is to address the concerns and complaints of the
people, there are others who are trying to sensationalise this but we
need to be aware of the existence of the PDPA.- NST, 7/4/2022
"The government, Health Ministry and its Minister Khairy Jamaluddin
even addressed this and provided a detailed explanation where the data
is only for pandemic management and there is no need to be worried," she
said. - NST, 7/4/2022
Suit filed to remove two directors of MySejahtera operator
A board tussle has developed among shareholders in companies involved with the government’s MySejahtera contact tracing app.
PETALING JAYA: A boardroom tussle has developed among companies
involved in developing and operating the MySejahtera contact tracing
programme.
A suit has been filed by Hasrat Budi Sdn Bhd, a shareholder in MySJ
Sdn Bhd, which operates the MySejahtera app, seeking the removal of two
MySJ directors, Shahril Shamsuddin and Anuar Rozhan.The suit also seeks to have Raveenderen Ramamoothie and a representative from Hasrat Budi to be appointed to the board.
Raveenderen is chief executive of Singapore-based Entomo Pte Ltd,
which owns Entomo Malaysia Sdn Bhd, previously known as KPISoft Sdn Bhd,
which had developed the MySejahtera app.
Hasrat Budi also sought to have meetings of MySJ in February to be
declared invalid on the grounds that Hasrat Budi had bought a 10% stake
in MySJ and had the right to buy another 10%, according to a share-sale
agreement.
Hasrat Budi alleged that Raveenderen, Anuar, Entomo Malaysia and
another company, Revolusi Asia, had conducted themselves “in a manner
contrary to a mutual understanding” between them, in relation to board
changes in December. - FMT, 4/4/2022
If UMNO elections was held before end June 2021, then there is a possibility that President Zahid Hamidi and other current leaders may be ousted by the membership.
WHY stay in power? Well, the 'bad culture' of candidates contesting to become ADUN or MPs are decided by the President and national leadership is present in Malaysian political parties - even, I believe, the same in UMNO. Thus, it means that Zahid and team can decide (i.e. place 'their people' as candidates - so, after Melaka and Johor State elections, how many are beholding to Zahid Hamidi to the extend that they will 'support' him even in the upcoming elections. And with Johor and Melaka, with power there is the possibility that monies and privileges may also flow to members/friends. State government also appoint local councillors, ketua kampungs and JKKK.Hence, the more elections before the next UMNO Elections means an opportunity for Zahid and the incumbents to build greater support amongst UMNO members - and improves the chance for Zahid Hamidi and gang to be re-elected.
Delaying UMNO elections until after GE15 may also mean that Zahid Hamidi will have the opportunity in securing his re-election, and maybe even a premiership if BN is victorious in GE15.
In some other countries, it is the members in the respective constitution that decides on who will be the ADUN or MP candidates. There will usually be 'an election' in the different constituencies by members to decide on the candidate. This is a more democratic way of doing this - rather than the top down approach where national leadership decides on candidates. (To date, in Malaysia, most political parties practice this 'top-down' approach that is most undemocratic).
UMNO recently in a General Meeting adopted a Resolution to delay party elections until after GE15.
In UMNO, only delegates are allowed to attend the General Meetings - but who are these delegates? They are chosen by the Branch and Division General Meetings - so, was there a recent general meeting of members at Branches and Divisions to chose the delegates. Or are these 'delegates' from the last General Meetings 3 years plus ago? If so, then is the UMNO general meeting even a representative participation of delegates that the members chose? Have the branches and divisions had the elections - or are they also enjoying power beyond the 3 year term of office.
A motion was tabled and passed at the UMNO General Assembly to delay party elections until after GE15. Well, did UMNO members have a say in the decision-making? Was it discussed with the membership at branch and division level general meetings before it was voted on at the UMNO General Meeting.
UMNO, unlike PKR, do not give ALL members the right to vote in the President and the Supreme Council. WHY NOT? In this modern day and age, all UMNO members ought to be given the right to vote...Surely, voting can be done at branches or divisions, or even by postal ballot. Now, electronic voting is also possible. UMNO members should fight for the right of one member one vote when it comes to electing the President and members of the Supreme Council. Likewise, all political parties should give each and every member the right to vote the President and the National Committee.
UMNO claims a membership of million/s - is it really true? One wonders - if there is elections where every member can vote, we will know roughly how many active members a political party has.
The Malaysian Bar elects 16 by way of a postal ballot - and all 20,000 plus member lawyers have the right to vote. The Bar is certainly more democratic compared to UMNO and many political parties in Malaysia.
As pointed out, in UMNO, if there were to be elections now, Zahid Hamidi and many of the incumbents may not be re-elected. After many of the politicians were charged for corruption, and, in fact former President Najib has been convicted, many UMNO members may want to vote in others, who are 'cleaner' as their leaders...COVID is no longer a valid reason to delay after we had several State elections.
Victory in Johor and Melaka is NO GUARANTEE of a victory in GE15. Malaysians, after all are 'smart', and they do practice 'check and balance'. If UMNO/BN wins the State elections, come Federal elections, the people may vote in some other than BN.
This 'fear' of the people is the reason why UMNO/BN started the trend of having both State and Federal Elections at the same time - so, that people will not vote one for State and another party for Federal.
When we had local council elections, the trend was that people elected in the Opposition... was that the reason why the BN majority parliament abolished local council elections - preferring rather have 'political appointees'? Demand the return of Local Council Elections - and also kampung/taman elections - end 'politically appointed' community leader culture.
Registrar of Society and UMNO elections?
The term of office of the President and Supreme Council, Branch and Division leadership is 3 years - and that ended. Then, the Registrar of Society did a U-turn on an earlier decision, and said that the elections must be done before the end of 2022.
The term of President Zahid Hamidi and the others in UMNO leadership came to an end on 30/6/2021. It follows that the term of UMNO Branch and Divisions should have even ended much earlier.
“Based on the additional information provided to the RoS by Umno’s lawyers on August 9, 11 and 18 as well as testimony from several members of Umno’s supreme council, it was decided that the postponement of Umno’s elections for the term 2021/2023 was done properly.“As such, the appointment of members to the council, divisions and Umno branches will be postponed until a date before December 29, 2022. However, we must have our annual general meeting and divisional meetings with at least one-quarter quorum by 2021,” he said in a statement tonight.
The reason for the earlier delay in having party elections may have been Covid, but then we had several State elections - the last being the Johor State elections.
Fot so long as there is no elections, Zahid Hamidi and gang retain their power. Remember, their term was 3 years - and now they have overstayed about 9 months.
So what is the problem - it is the present practice/culture of many political parties that the national leadership decides on the party candidates for elections - the ADUNs and the MPs. Is Zahid Hamidi and the incumbent leaders scared of losing.
Well, this is matter for UMNO and its members > they members have to decide what they want, and they need to speak out. The rest of us non-members of UMNO - none of our business.
BUT the nature of a political party - i.e. democratic or not, etc is a concern for the voter in GE15 and upcoming State Elections. If a party is 'undemocratic', then would you who desire greater democracy vote for candidates from such a party?
Registrar of Societies(ROS), really has too much of power - PH promised to amend the Societies Act, but failed to do so, when they were in power. Will the ROS decide justly - weighing the importance of individual membership rights, or again agree to UMNO delaying its elections until after GE15.
The UMNO Constitution permits the delay of 18 months for the holding of Annual General Meetings, but there is really no clear provision to extend the term of office of the President and the Supreme Council beyond 3 years.
9.3 Presiden, Timbalan Presiden, tiga orang Naib Presiden dan dua
puluh lima orang Ahli Majlis Tertinggi yang dipilih oleh
Perhimpunan Agung tiap-tiap 3 tahun sekali.
9.4 Ketua dan Naib Ketua Pemuda, Ketua dan Naib Ketua Wanita,
Ketua dan Naib Ketua Puteri hendaklah dipilih oleh Perhimpunan
Agung tiap-tiap 3 tahun sekali. Ketua Pemuda, Ketua Wanita
dan Ketua Pergerakan Puteri mempunyai hak-hak dan kuasakuasa Naib Presiden. - UMNO Constitution
Tok Mat: Umno elections postponed to six months after GE15
KUALA LUMPUR: The Umno General Assembly has approved a motion to postpone the party election to six months after the 15th General Election (GE15) is held, says Umno Deputy President Datuk Seri Mohamad Hasan.
Mohamad, who is also the chairman of the party's Management Committee, said with this, the issue which had been hotly debated within the party lately had been resolved, and urged Umno secretary-general Datuk Seri Ahmad Maslan to immediately inform the Registrar of Societies (RoS) on the matter.
"The motion has been approved, the secretary has made a memo. According to the motion, the party election will be held within six months after the GE, we do not want a split in the party, (so) do not take it lightly, and defend the dignity of Umno.
"I also ask the Prime Minister to please pay attention to this matter. If we write (about this motion) to the RoS, no one should obstruct our party's decision," he said in his closing speech at the assembly here on Saturday (March 19).
Umno elections are scheduled to be held no later than this December after being postponed last year due to the Covid-19 pandemic.
Mohamad said if the party’s election was held before the national polls, there was fear it would create a split within the party.
"History has clearly shown that every time there is a party election, there will be a split. We cannot deny this. We do not want our party, which is currently in a good situation, to start having frictions and split up," h
Mohamad said party unity was important for Umno and Barisan Nasional to win the general election.
In this regard, he said everyone in the party should remain alert to the announcements made by the opposition parties who always come up with a strategy to face the general election.
"On Friday (March 18), Tun Dr Mahathir Mohamad mentioned that they will try to join forces with other opposition parties, we should not wait long until they do so.
"Even though BN won in style in the Melaka and Johor state election, if we look at it, it’s (mainly) because they (the opposition) are divided," he said, adding it was not impossible for all opposition parties to reunite as one big team in GE15. - Bernama - Star, 19/3/2022
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The Rohingya illegal immigrants who fled the temporary Immigration Detention Depot located at a former National Service Camp at Jalan Besar Relau in Bandar Baharu, Kedah, early today walked for about 10km before they were spotted in Nibong Tebal. - Bernama pic
The Ministry of Health's MySejahtera Covid-19 app. Picture by CodeBlue.
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