Local Council Elections - Federal Court says no to Penang's State Law that tries to have LC elections?

Malaysians are still being denied the right to have local government elections, that is the right to elect Local Councilors and Mayors. Even Palestine has local government elections.

In Malaysia, we only have the right to elect MPs and ADUNs(State Assembly Persons) but still no right to elect our own local government - the Local Councils. At present, they are appointed by the State Government.

For people, local government is very important as they have the power to decide on what happens in their area - quit rent(cukai pintu), business permits/approval, approval of 'development' projects, environment and beauty of our community, upkeep of roads and drains, etc... [Federal government has apparently taken over garbage collections and grass cutting... and Local Councils just remain as conduits of complaints....]

When not elected, Local Council is really 'not so much bothered' with what the local people wants - after all, the people have no power to choose or remove bad Councillors. All that Local Councils need to do is be 'good and friendly' with the State Government. 

It is sad that in Malaysia, there is also no democratic elections at the communities - kampung, kampung baru, taman, kampung orang aslim etc... now, these can very easily be done by the State Governments, and is not barred by law as is the Local Council Elections. I hope that Pakatan Rakyat would at least get these elections done...

So how does the government get the approval of the people of the community? From their own political party reps? From the JKKKKs (appointed people)? Because, I see projects approved and built and the people are totally left out - the very people in the community who will suffer the effects of such projects... The practice of even having Notice Boards calling for comments, objections, etc before the approval of a project is given seem to have just disappeared... and we know of 'already approved projects' only when the developer moves in and starts constructions and it generally is too late to do anything...If people in Kuantan, knew about LYNAS, for instance, before the factory was build ...., I am sure it would have been democratic and people would have had much to say...

Is Malaysia a democracy? Or is it really NOT? The right and the ability of the people to protest or voice out against government decisions and corporations are slowly withering away... Peaceful Assembly - so difficult now, and the suing for damages after the event will only deter such actions, Publishing in print or internet - well, that is slowly gone ....now they use Defamation Suits, and other laws... Shame of Pakatan MB Khalid Ibrahim who is now suing Malaysian Insider, a credible online alternative media... I believe in the freedom of expression and opinion - and if one feel that they have been wrong then use your words - not sue people in court. 

At the moment, it looks like a government also is looking to control social media and the internet - looks like 'good Malaysians' are those that just 'Listen....Listen' and not question anything your government and the big corporations(and rich powerful people) do - we are expected to watch TV, enjoy sports, shout 'Malaysia Boleh',.... but not question, think or offer a differing opinion, just obey...and survive... Sometimes, it feels that we are being treated like SLAVES...not human beings, for human being have rights and should always be free to exercise these rights...

The Federal Court has now given Pakatan Rakyat the needed justification for not holding Local Council Elections - but, as was always asserted there are alternatives how the 'appointments' could be democratically chosen people.... One example, is to have democratic elections in kampungs, taman, etc ... and from those elected, let them elect representatives for the State to 'consider and appoint' as Local Councillors. There are options if there really is political will...

What did the Federal Court actually say - we have to wait and see the full judgment? Remember the Federal Court was only making a ruling on that Penang Enactment - maybe another enactment may work, maybe there are other ways - apply to the Local Goverment Council - which if they refuse could also be challenged in Court, maybe other ways .....I hope Pakatan will actively look into this...

Penang cannot hold local elections, says Federal Court

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR

Published: 14 August 2014

 

 

The DAP-led Penang government has no jurisdiction to conduct local government elections, says the Federal Court. – The Malaysian Insider file pic,

August 14, 2014.The Federal Court has ruled that the DAP-led Penang government has no jurisdiction to conduct local government elections.

Judge Tan Sri Raus Sharif, who led a five-man bench, said the state could not unilaterally suspend provisions in the Local Government Act to hold polls to elect councillors.
 

“Such exemption will also be against national policy‎," he said when delivering the unanimous decision today.
Raus said to conduct such elections would also go against the Federal Constitution.  He said an enactment passed by the state legislature in 2012 to hold local council election was also null and void as it went against the Federal Constitution and laws passed by Parliament.

He said any attempt to hold elections must go through the National Local Government Council which the state had failed to do.

The Penang government was of the view that local government elections are state matter and the legislative assembly has the authority to hold the polls.

This is provided under the Ninth Schedule (state list) and Article 113 (4) of the Federal Constitution.

In May 2012, the Penang assembly passed the Local Government Elections (Penang Island and Province Wellesley) 2012 Enactment which provides for the Election Commission to conduct local government elections in the state.

The Penang government informed the EC that the enactment would come into force in Penang by January 31, 2013.

However, the state did not obtain any commitment from the EC to conduct the elections to the Penang Municipal Council and  Seberang Perai Municipal Council.

In June 27, 2013, the Federal Court allowed the Penang government leave to commence a petition to challenge the validity of a provision in the Local Government Act 1976 which prevented state legislatures from holding local government elections within their states.

The question of law was whether Parliament has the power to enact laws relating to local government elections.

In the petition, the Penang government sought to declare Section 15 of the Local Government Act 1976 invalid as it claimed that the section was void because Parliament acted beyond its powers under the Federal Constitution in enacting that provision.

Also named as petioner is former president of the non-governmental organisation Aliran, P. Ramakrishnan, a local resident and ratepayer.

The state government and Ramakrishnan said local government elections were held in George Town in 1951, conducted by the local authority.

They said the Penang assembly passed the Local Government Elections (Penang Island and Province Wellesley) Enactment 2012 and subsequently gazetted.

Senior federal counsel Alice Loke Yee Ching argued that section 15 was a valid law.

She said that section was validly enacted under Article 76 (4) of the Federal Constitution as under that article, Parliament could make laws on subject matter within the legislative powers of the state.

Loke said even though local government elections were within the state legislative power, if the state law was inconsistent with a federal law, it (the state law) would be invalidated to the extent of any inconsistency.

Chief Minister Lim Guan Eng, who was in court, told reporters said the only recourse available was to convince the Local Government Council to hold elections or wait for a change in the federal government.

"We have tried and failed but we respect the court ruling," said a disappointed Lim, who is also DAP secretary-general.

He said the state wanted to return the third vote to the ratepayers who sustained their local governments.

"It is appropriate for them to vote in councillor and mayors who determine the quality of life in their jurisdiction.”

Currently, councillors and local government heads are appointed by the state governments.

Ramakrishnan said the decision was no surprise to him as he got the vibes when the judges, who heard submission from lawyer Tommy Thomas last April, were rushing the lawyer.

"Today's decision has frustrated many Malaysians as their expectation was not met."  – August 14, 2014.- Malaysian Insider, 14/8/2014, Penang cannot hold local elections, says Federal Court

MAS - Pay Cuts? Union Busting or No more Unions? > Are workers and unions to be penalized for mismanagement?

This was a most disturbing report - it talked about pay-cuts ...and a possible end to the UNIONs in MAS. The Malaysian government has taken over, and we expected that finally worker and trade union rights will be respected.... but this report seems to imply that this will not be the case...  

MAS just gave RM2,000 to all employees for Hari Raya, which was good - but this threat of pay-cuts...and even end of unions in MAS? 

MAS must now first withdraw its challenge of the Minister's decision to accord recognition to NUFAM, reinstate the NUFAM leaders...

National Union of Flight Attendants Malaysia (NUFAM) ... succeeded in getting 62.73% of the votes, and thereafter on August 2013, the DGIR issued the formal letter acknowledging NUFAM as a recognized union.- 54 groups and unions:- Malaysian Airlines Must Respect Trade Union and Worker Rights Cease Anti-Union activities against NUFAM and its members

Updated: Tuesday August 12, 2014 MYT 8:18:13 AM

In new MAS template employees told brace for complete overhaul

by b k sidhu

PETALING JAYA: The management of Malaysia Airlines (MAS) has told its employees to brace themselves for a complete overhaul of the ailing airline, as it undergoes its biggest crisis yet.

In a meeting with representatives of the unions yesterday, union members said MAS chairman Tan Sri Md Nor Yusof had told them that there would be a new template for MAS at the end of the exercise.

According to union representatives, they were told that previous restructuring exercises had been done on a piecemeal basis.

“This time around, it is going to be a comprehensive exercise. No longer piecemeal measures ... this is the message we got,” a union representative who had attended the meeting at the MAS office in Subang told StarBiz yesterday.

There were more than 30 unions represented at the meeting, where Md Nor was accompanied by the top management of MAS. 

According to some union representatives, the new template could likely involve the setting up of a new holding company, renegotiations of all contracts and an airline without unionised staff.

For instance, the workforce in Firefly, which is a sister company of MAS, is not unionised.

The loss-making MAS is going through a tough period that no other airline has gone through in aviation history. Within a space of four months since March 8 this year, two of its planes have crashed.

The first was flight MH370 that went missing on March 8 during a flight from Kuala Lumpur to Beijing. It remains the biggest aviation mystery to date.

Then, on July 17, a flight from Amsterdam to Kuala Lumpur was shot down while flying over strife-torn Ukraine. 

The airline reported an RM1.17bil net loss for the financial year ended Dec 31, 2013 due to competition from low-cost carriers and other full-service airlines. The two aviation tragedies have added to its financial woes.

According to a union official, Md Nor cited previous restructurings in MAS such as the Widespread Asset Unbundling, or WAU, implemented in 2002 undertaken then to address its need at that time, which was to restructure the balance sheets.

Similarly, the exercises undertaken by his predecessors were to address the airline’s need at that particular time.

“We were told that there was no effort for a wholesome restructuring, perhaps because it had lacked the political will then, or there were too many obstacles, or those in charge had feared undertaking an indepth restructuring for fear of unravelling things that were not meant to be revealed. So, the airline has suffered to this date,” said an official. 

The WAU, implemented in 2002, had its limitations because the company given the mandate, Bina Fikir Sdn Bhd, was told that the restructuring should not involve laying off employees, cutting down on route networks, and there should not be any haircuts for suppliers and bankers. 

The plan for a new template has come about after the major shareholder of MAS, Khazanah Nasional Bhd, on Friday announced a proposal to take MAS private, offering shareholders 27 sen a share to mop up the remaining 30.63% it does not own in the national carrier.

MAS yesterday issued a statement that its leadership had met with representatives of the various employee unions and other associations as the first step towards informing and engaging employees on the future restructuring of the airline.

“While there are still many details about the future which will be forthcoming, MAS is committed to working closely with all its employees and airline partners throughout this process following the principles of fairness, transparency and compassion,” MAS said.

A union official said that the chairman did not really answer questions on whether the current collective agreements with the unions would be honoured.

“All he said was that they were working on a new template,’’ said the union official.

Details on the job and salary cuts, if any, will only be known at the end of the month, as that is when Khazanah aims to release details of its plan.

But some divisions within MAS were already preparing for the workforce to be cut by between 20% and 25% and had started to prepare their staff to start looking for jobs elsewhere, said an employee.

“The staff are already demoralised and fear has set in. There seems to be a sense of insecurity. But more troubling is the methodology MAS will use to decide on the layoffs. Will an independent body be appointed or will it be done unilaterally?

“There is a need for transparency and accountability and those in charge need to understand that in good and bad times, the staff have continued to work and that is why the airline is still flying till today,” said an employee.

MAS has 19,755 employees. - Star, 12/8/2014, In new MAS template employees told brace for complete overhaul 

See also:- 

MAS diambil alih kerajaan Malaysia - sekarang pastikan hak pekerja dihormati dan pekerja dijadikan 'rakan kongsi' usaha mengembangkan MAS

54 groups and unions:- Malaysian Airlines Must Respect Trade Union and Worker Rights Cease Anti-Union activities against NUFAM and its members

IGP liable for Kugan’s lock-up death?

IGP, policemen liable for Kugan’s lock-up death, appeal court rules

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR

Published: 8 August 2014

The Court of Appeal today upheld a High Court ruling that Tan Sri Khalid Abu Bakar (pic) and his police officers were responsible for the death in custody of A. Kugan five years ago.

Court of Appeal judge Datuk Wong Dak Wah, who delivered the court's unanimous judgment, said custodial deaths should not happen in this country and there must be zero tolerance.

"An independent and public inquiry must be held to commensurate the right of the deceased family," he said in affirming the findings of the then High Court judge, Datuk V. T. Singham, last year

Wong, who sat with Datuk Ariff Mohd Yusof and Datuk Mah Weng Kwai, said in this case, the burden was shifted to the family of Kugan to prove their claim in court. He said the court had to take a proactive role in custodial deaths because there was no independent body to monitor detaining authorities.

Singham in his judgment on June 26 last year said there were overwhelming evidence to establish a claim of assault, referring to the nature of injuries which "spoke volumes."

Kugan's mother N. Indra, filed a RM100 million suit against Khalid, then the Selangor police chief, former constable V. Navindran, former Subang Jaya OCPD Assistant Commissioner Zainal Rashid Abu Bakar (deceased), the Inspector-General of Police, and the government.

Khalid was subsequently promoted IGP.

Indra alleged that the defendants failed to ensure the safety, health and welfare of her son was while in custody.

She also filed a claim of misfeasance in public office against Khalid which the Court of Appeal agreed.
Kugan, then 22, was arrested in Puchong on Jan 14, 2009, and held overnight at the Puchong Jaya police lock-up before police obtained a remand order.

He was taken to the Taipan USJ, Subang Jaya police station two days later for questioning and was found dead on January 20, 2009.

Singham, who has since retired, said Khalid was also liable for misfeasance as he failed to carry his duty required of a senior civil servant.

In allowing the suit, Singham had said the injuries Kugan suffered could not have been done by one person and that the senior officers could not plead ignorance.

Wong, however, allowed Navindran's appeal and ruled that he was not solely responsible for Kugan's death.

He then attributed liability at 55% for the death of Kugan against the police, and 45% against Navindran.

The appellate court also set aside the award for false imprisonment which Singham had awarded at RM100,000.

"This court is of the view that the detention order was made by a magistrate and it is valid until and unless challenged and set aside," Wong said.

The court also maintained the exemplary damages to Indra although the Civil Law Act 1956 did not allow.

"The Federal Constitution is supreme and the court will interpret all legislations in line with the supreme law of the land," he said.

Singham had awarded Indra RM851,700 in assault and battery, false imprisonment, misfeasance, as well as pain and suffering damages.

Navindran (pic, left) was the only one held responsible for Kugan's death and was found guilty of causing hurt. He was sentenced to three years' jail and is appealing his conviction.

Singham said there were elements of a cover-up by Khalid during investigations. He pointed out that the case was classified as causing hurt and not murder, or culpable homicide.

He said Khalid did not follow the instruction of the Attorney-General to investigate the case as murder, and did not direct a formal departmental inquiry on the incident.

The judge had also questioned Khalid for his failure to hold an inquest into Kugan's death and clarify his first statement to the media.

In his first statement, Khalid had said that Kugan collapsed and died after drinking water. Subsequently, Khalid said that Kugan died of water in the lungs.

The second post-mortem, however, revealed Kugan had 45 external injuries and a wide range of internal injuries.

His cause of death was due to acute renal failure due to blunt force trauma.

Singham said it would have been better for Khalid to clarify his statement than to persist or maintain his version as to the cause of death.

"He cannot plead ignorance and disclaim knowledge as to the acts by the second defendant (Navindran) and possibly other officers who had access to the deceased," he said.

He also said the station diary at the Taipan police station where Kugan was held revealed the "suspect in good condition", but it flies in the face of the injuries revealed in the post-mortem reports.

Singham also said there was an urgent need to consider implementing the proposed Independent Police Complaints and Misconduct Commission (IPCMC) for police reforms due to the sharp rise in torture and death in custody cases.

He said recommendations of a Royal Commission of Inquiry should not be kept in cold storage. - August 8, 2014.

 

- See more at: http://www.themalaysianinsider.com/malaysia/article/igp-policemen-liable-for-kugans-lock-up-death-appeal-court-rules#sthash.X9BqOEmD.dpuf - Malaysian Insider, 8/8/2014, IGP, policemen liable for Kugan’s lock-up death, appeal court rules

Bar : Recognise Indigenous Minority Rights and Take Immediate Action to Address the Unfulfilled Promises Made to the Penan and Kenyah Communities in Murum

Press Release | Recognise Indigenous Minority Rights and Take Immediate Action to Address the Unfulfilled Promises Made to the Penan and Kenyah Communities in Murum

Thursday, 07 August 2014 11:10am

Please click here to download the report of the Bar Council's study trip to the Metalun and Tegulang Resettlement Areas in Murum, Sarawak. The Bar Council, through its Committee on Orang Asli Rights and Human Rights Committee, undertook a study trip to the Metalun and Tegulang Resettlement Areas in Murum, Sarawak from 17 to 23 May 2014.  The primary purpose of the trip was to study the post-relocation conditions of the Penan and Kenyah native communities, which had been displaced by the construction of the Murum Dam. The road journey to the Resettlement Areas is hazardous, as the roads turn muddy and swampy.  The journey from these Resettlement Areas to Bintulu or Miri can thus take approximately 12 to 16 hours.  Travelling to school also becomes treacherous.  These factors contribute to the challenge and isolation of life in the Resettlement Areas.  At the Universal Periodic Review of human rights in Malaysia conducted by the United Nations Human Rights Council in October 2013, the Government of Malaysia made several statements in respect of the communities relocated as a result of the Murum Dam construction.1 However, it is regrettable that the situation on the ground differs significantly from the seemingly positive statements made by the Government.  For example: (a)  The promised land allocation of 15 hectares has yet to materialise.  The Penan and Kenyah communities are unable to begin meaningful agricultural activity because of this uncertainty.  Since most of the surrounding land is under the control of palm oil plantation companies, it is difficult to see how sufficient banks of land near to the resettlement areas could be found; (b)  The Penan and Kenyah communities are being deprived of the provision in full of the promised monthly food supplies of RM600 per month per household.  No genuine attempt has been made to explain the shortfall, nor has the shortfall been rectified;   (c)  The housing prepared for the Penan and Kenyah communities has been constructed out of poor quality materials and with poor workmanship.  Cracks and other damage are already apparent after a mere six to eight months; (d)  Promises of adequate furnishing of the houses in the Resettlement Areas have not been fulfilled; (e)  Promises of diesel subsidies to help children commute to school have not been kept.  Consequently, some children have to make their way to school in small perahu via the river, which is dangerous, especially when there is heavy rain; (f)  Ironically, despite having been relocated for the purposes of constructing the Murum Dam, which will provide hydroelectric power to the state of Sarawak, the community in Tegulang Resettlement Area receives 12 hours of electricity per day via a diesel-powered generator set.  The Metalun Resettlement Area community receives only six hours of electricity per day via the same method; and (g)  Job opportunities for the Penans and Kenyahs in or around the Resettlement Areas are scarce or non-existent.  Most of the surrounding timber and palm oil companies hire foreign labour.   In short, rather than experiencing “an immediate and substantial improvement in living standards, better access to basic human rights to education and health care, and better economic opportunities, whilst preserving their cultural identities and traditions”, the affected communities have been displaced and left desolate.  Their living conditions are deplorable and their livelihood has been decimated.  In spite of this, there appears to be no sense of urgency in remedying or rectifying the situation.  The standard response when officials from Sarawak Energy Berhad visit the area is one of indifference or callousness.  The Penan and Kenyah communities are simply told that they would have to refer the matter to the “pegawai atasan” in Miri or Bintulu, which is 12 to 16 hours away by road.  Despite some consultation having taken place with the affected communities, the Sarawak Government has clearly shown that it has ignored the principles of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”), which calls for the free, prior and informed consent (and not just consultation) of the affected communities.   This shameful state of affairs exemplifies the broader challenges faced by Malaysian indigenous minorities in protecting their rights and fundamental liberties as indigenous peoples.  In Peninsular Malaysia, there has been no effective legislative or executive action to recognise the customary rights of Orang Asli to their lands, resources and territories despite there being more than a decade of judicial pronouncements by the Malaysian superior courts legally recognising these rights.  Moreover, Federal and State Governments persistently attempt to contest, reverse or ignore binding precedent and jurisprudence laid down in landmark Orang Asli cases such as Adong bin Kuwau v Kerajaan Negeri Johor and Sagong bin Tasi v Kerajaan Negeri Selangor.  The laudatory and humane principles established in these cases are, time and again, more honoured in the breach than in the observance. A disturbing recent development is the Malaysian Government’s lack of support for recommendations, made during Malaysia’s 2013 Universal Periodic Review, for it to implement the principles contained in UNDRIP.  This contains express provisions calling for the recognition of the rights of indigenous peoples to their lands, territories and resources and the free, prior and informed consent of indigenous communities in matters affecting indigenous lands, rights and resources.  Earlier in 2006 and 2007, the Malaysian Government had unreservedly voted for UNDRIP, proclaiming the Declaration “as a standard of achievement to be pursued in a spirit of partnership and mutual respect”.  It is inexplicable that the Malaysian Government appears to have reneged on its UNDRIP pledge to the international community, and perhaps more importantly, to its indigenous minority citizenry. As we commemorate International Day of the World’s Indigenous Peoples on 9 August 2014, the Malaysian Bar strongly urges the Malaysian Government to immediately honour its commitment to implement UNDRIP domestically, and to give full effect to the Malaysian courts’ recognition of the customary land and resource rights of indigenous minorities.   The Malaysian Bar also calls upon the Sarawak Government and its agency, Sarawak Energy Berhad, to immediately address the situation at hand.  They have had many years to prepare for the resettlement during the period of the construction of the Murum Dam, and yet most of the infrastructure provided to the Penan and Kenyah communities seem to have been hurried and last-minute, with many issues remaining unresolved and many promises still unfulfilled.  The life that they have been forced to accept is clearly not sustainable, is unacceptable by any decent standards, and will in the long term lead to a culture of continued dependency on the government.  Genuine regard must be shown for the well-being of the affected Penan and Kenyah communities. Indeed, the inalienable right of all our indigenous peoples to free, prior and informed choice as to their future and their way of life, must be genuinely recognised and respected.   Steven Thiru Vice-President Malaysian Bar 7 August 2014 1 It declared, inter alia, at paragraphs 135 to 137 of the Report of the Working Group that: The current development agenda, involving the building of hydroelectric facilities, necessitated the use of NCR [native customary rights] land.  Where rights to NCR land were affected, the State Government and its utility company, Sarawak Energy Berhad: (a) adopted best international practices in engagement and consultation with indigenous peoples, which conformed with acceptable norms and standards, including principles embodied in the United Nations Declaration on the Rights of Indigenous Peoples; and (b) provided affected indigenous communities with a comprehensive compensation package, which assured them an immediate and substantial improvement in living standards, better access to basic human rights to education and health care, and better economic opportunities, whilst preserving their cultural identities and traditions.   Implementation of the resettlement action plan and compensation package for those affected by the Murum Hydro-electric Project exemplified a process that recognized the rights and well-being of the indigenous people.   In recognizing the challenges facing indigenous communities in Malaysia, the Government maintained that those communities must be afforded choice and be free to decide whether they wished to join mainstream society or not. Source: Malaysian Bar Website

Forced to walk when bus drivers protest toll rise - Should we support the struggle for rights?

One of the fundamental rights of workers is the right to fight for their rights or to fight against injustice - and in so doing, one legal form is to go on 'strike'. Now, whenever workers go on strike or take on some other form of protest (including presumably what the drivers of factory buses did), third parties tend to also be put into some form of hardship. Well, how do we respond to this hardship? Blame the workers, the lorry drivers in this case, or the protestors fighting for rights....OR do we understand and appreciate this struggle for rights, and are willing to suffer the said 'hardship' we must endure in solidarity. We should, I believe, rightly not be against these workers (or bus drivers) but really be with them against the government or parties that really have suddenly increased toll rates MORE than 3 times. (Before RM2.30, now RM7.80 for busses - i.e. about 3.4 times more than the original).

Of course, some are rich and they would not feel the impact, but for the poor, it is a quite a big matter - when tolls increase drastically. 

I reiterate that it is sad when the Press does not cover such worker issues and struggles... is there a 'blackout' being imposed on the media on certain matters?

See also earlier post:- 

Some 100 bus drivers staged a 'creative' protest (a peaceful assembly) to express dissatisfaction about toll charges...in Malaysia

Workers walk across Causeway after factory buses refuse to pay new toll charges 

Published on Aug 1, 2014 10:08 AM

Scores of Malaysian factory workers traveling to Singapore were forced to walk across the Causeway on Friday morning after factory buses refused to cross the checkpoint following the implementation of new toll charges. -- PHOTO: THE STAR/ASIA NEWS NETWORK

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JOHOR BARU (THE STAR/ASIA NEWS NETWORK) - Scores of Malaysian factory workers travelling to Singapore were forced to walk across the Causeway on Friday morning after factory buses refused to cross the checkpoint following the implementation of new toll charges.

Front office executive Adrian Dinesh, 30, said it looked as if a marathon was taking place along the Causeway.

"Hundreds of workers were forced to walk and this is because the buses just did not want to go through," he said.

He added that the groups of people started walking across the Causeway as early as 5am.

Many have voiced dissatisfaction over the new toll charges, saying that the increase of more than 400 per cent was too steep.

The Malaysian Highway Authority announced last week that from Aug 1, motorists travelling to Singapore via the Causeway must now pay a total of RM16.50 (S$6.40) for inbound and outbound toll charges at the Bangunan Sultan Iskandar Customs, Immigration and Quarantine (CIQ) Complex.

Crossing the Causeway: How much it costs now

	Old	New (From Aug 1)
	Only one-way (Singapore to Johor)	Singapore to Johor	Johor to Singapore	Round trip
Private cars	RM2.90 (S$1.14)	RM9.70	RM6.80	RM16.50
Small lorries	RM4.50	RM14.70	RM10.20	RM24.90
Heavy lorries	RM6.10	RM19.70	RM13.60	RM33.30
Taxis	RM1.40	RM4.80	RM3.40	RM8.20
Buses	RM2.30	RM7.80	RM5.50	RM13.30

* Motorcycles are exempted.

Source: Malaysian Highway Authority

ST Graphics by Derrick Ho | Compiled by Ling Chang Hong

A controversy erupted following the decision to impose toll collection at the CIQ as it forces those who do not use the Eastern Dispersal Link (EDL) but want to travel to Singapore to also pay the charges.

The EDL is an elevated highway built to help disperse traffic heading into the Johor Baru city area.

There are several exits from the EDL, with the last leading directly into the CIQ complex. Motorists using the elevated 8.6km highway are not tolled if they do not go through the CIQ complex.

All charges must be paid electronically at both sides using Touch 'n' Go cards, with cash payments no longer possible.

The new toll rates for vehicles coming into Malaysia are now RM9.70, RM14.70, RM19.70, RM4.80 and RM7.80 for the respective Class 1 to Class 5 vehicles.

The previous inbound charges ranged from RM1.40 (for taxis) to RM6.10 (for vehicles with three or more axles).

The new rates for outbound vehicles are RM6.80, RM10.20, RM13.60, RM3.40 and RM5.50.

Motorcyclists are exempted from paying toll. - The Straits Times, 1/8/2014

- See more at: http://www.straitstimes.com/news/asia/south-east-asia/story/workers-walk-across-causeway-after-factory-buses-refuse-pay-new-toll#sthash.qGLAVwdv.dpuf

Surely Wan Azizah did not say, " I want to fight FOR injustice' - it must be misreporting...?

Update:- Malaysia kini report has been updated and it now reads:-

“I am not going to apologise. Let us be together, because I want to fight against injustice. “We made this move, this Kajang Move...(because) I want to fight injustice,” she said at the event in Klang."

The earlier report wrongly stated that that she was going to fight FOR injustice ...which was really odd 

Surely, Wan Azizah did not mean that she was going to be fighting for injustice (Maybe a mistake in the Malaysiakini report) - she should be fighting against injustice or for justice and human rights...

I believe she has the potential and the capacity to be a Menteri Besar or even Prime Minister - 

And really she should speak out more often being the President of PKR... 

She should also be seen to be more involved in the high-level discussions with other Pakatan leaders.

See also earlier post:-

It is the people (vide their ADUNs) that should decide who should be the Menteri Besar of Selangor?

Azizah: What’s wrong with me listening to Anwar?

If PKR de facto leader Anwar Ibrahim can act as a consultant for foreign goverments, then why shouldn’t a Selangor menteri besar listen to his advice?

This was PKR president Dr Wan Azizah Wan Ismail’s argument in response to those who say that if she is appointed Selangor MB, she will only be her husband Anwar’s puppet.

“Some people say I am Anwar’s puppet but Anwar is the advisor and he has all the experience (so) why can’t I listen to him?

“He can be a consultant in the Middle East. If Qatar can offer Anwar the postion of economic advisor, then why shouldn’t I listen to his advise for the betterment of Selangor?” she asked.

 Speaking at the first of many planned public events hosted by PKR to explain the ongoing MB crisis, she said that she is not “apologetic” about being nominated by her party to take over from incumbent Abdul Khalid Ibrahim.

“I am not going to apologise. Let us be together, because I want to fight for injustice.

“We made this move, this Kajang Move...(because) I want to fight for injustice,” she said at the event in Klang.

She was referring to the Kajang by-election which was triggered by the resignation of PKR representative Lee Chin Cheh. Wan Azizah won the by-election.

Also speaking at the event was PKR director of strategy Rafizi Ramli.

According to Rafizi, the party will embark on a roadshow of sorts to explain to the people of Selangor why there needs to be a change of MB.

Rafizi dares Khalid to sue him

Speaking to reporters later, he said that besides the decision to hold information sessions, the political bureau on Sunday also decided to instruct Khalid to meet with either Wan Azizah or Anwar to discuss his fate.

Rafizi said that the roadshow will also raise the issue of Khalid's dispute with Bank Islam, which some allege involve shady backdoor deals.

As such, he dares Khalid to take legal action against him if whatever PKR exposes is untrue.

Rafizi (right), who is also Pandan MP, however, stressed that there has not been any decision by the party to sack Khalid from PKR.

He however, confirmed that there was a proposal made at Sunday's meeting that Khalid be sacked.

Neverthless, he said, such a decision must be made by the party disciplinary committee, and not the political bureau, following a formal complaint.

The party's decision to propose Wan Azizah as replacement MB last month was met with mixed reaction, with some observers calling for the decision to be left to the rakyat via fresh polls.

To this, the MP said that Rafizi said that if push comes to shove, the party is willing to face such snap polls. - Malaysiakini, 4/8/2014, Azizah: What’s wrong with me listening to Anwar?

- See more at: http://www.malaysiakini.com/news/270589#sthash.qFvgTZcg.dpuf

It is the people (vide their ADUNs) that should decide who should be the Menteri Besar of Selangor?

Menteri Besar - Who chooses? It is the ADUNs, not the political parties or political party bosses. No one can be MB unless he/she enjoys the confidence of the majority of the ADUNs. ADUNs are peoples' rep - so it is the people

Should Khalid be no more the Menteri Besar of Selangor?
-  Well, has he lost the confidence of the majority of the ADUNs of Selangor - that is the only question.

Can PKR, the political party under whose name Khalid stood for election, 'order' Khalid to resign? 
They can order...but the MB need not listen.The MB will step down as soon as he/she loses the confidence of the majority of the ADUNs.

So, what is the role of the political party...or in this case the Pakatan Rakyat?
Well, in my opinion, they must be playing a check and balance role - making sure that their MB and their ADUNs are carrying out their functions as required. They can, of course, criticize some of the actions and policies - They can also try to influence the ADUNs in the State Legislative Assembly to withdraw their support or 'confidence' in the Menteri Besar. 

Pakatan Rakyat should always be monitoring their MBs and State Governments - it is good what is happening in Selangor. In fact, a similar thing should have happened in Kedah in the last term...That MB was making policies and taking actions, which I would have considered inconsistent with PR stance and policies... [But, then  does PR have common positions, policies, etc - there really must be more statements and positions by PR, the political party/coalition.] 

That is why, I believe, that it be best that Presidents and party leaders should not be MPs or ADUNs...or MBs or PM - they should stay out and play the more important role of being the 'watchdogs' - the check and balance role? ...What happened in Selangor is laughable...that Anwar, then the PKR President, has to get a PKR ADUN to resign and have a by-election so that they they can come in and take over executive power in Selangor? Why? Was there no other qualified ADUN from PKR or PAS or DAP that could have replaced Khalid if he had lost the support of the majority of ADUNs...
 

So, what is the role of the Pakatan Rakyat ADUNs in Selangor?
Well, they should not be 'silenced' but bravely express their views and position in the State Assembly and outside. They must make constructive criticism of the MB and his Exco - yes, this is the role of the non-Exco ADUNs of PR - the Backbenchers. Have the PR ADUNs been doing this - or have they behaved liked BN MPs - not criticizing, not challenging, not opposing all that the MB and his Exco does - if so, they have failed in their role.

What about Exco members? Well, they can express and opposing personal position - but like any democracy will go with the MB and the majority in the Exco as far as the 'official' stance is. Remember BN's Nazri takes a personal position for the abolition of the death penalty - but as a member of the BN cabinet he takes the opposite position. Remember, in a democracy there is freedom of expression and opinion - but at the end of the day, after the vote, everyone follows the winning position....or view as the official position. [One that disagrees can of course continue lobbying ...and maybe, the next time a vote is taken, positions may change].

Well, the ultimate decision is the people - maybe we should be having a REFERENDUM in Selangor to see if the people of Selangor wants Khalid to remain as MB...or not...

Note also that Khalid seem to have much support in PKR - considering he is now running second for the highest democratically elected position in PKR general elections. [Sad to say that Anwar nor Wan Azizah really do not really know how much the members of PKR support them to be the leaders of the party - it would have been best if their position was contested and there was elections...] 

Some 100 bus drivers staged a 'creative' protest (a peaceful assembly) to express dissatisfaction about toll charges...in Malaysia

Some 100 bus drivers had a protest on the issue of  toll - it seems to be a legitimate exercise of freedom of expression - but alas, many media failed to give coverage to this protest...Star was the exception - but Star could have had a better title for the report.  

A group of factory bus drivers stopped metres away from the entrance of the Sultan Iskandar Customs and Immigration Check­point (CIQ) building here to protest against the toll charges being implemented there...

 

“Not all the bus drivers were involved as there were some who chose to remain inside their vehicles while the group spoke to the authorities. There was no arrest as the group was not violent and only wanted to voice out dissatisfaction over the toll charges,” said Supt Mohd Nadzir. 

The group, comprising some 100 drivers, started to disperse at about 7.30am after they were assured that their views would be considered by the authorities, he added. 

In Malaysia, this protest took guts - and hopefully the Malaysian government do not take action against the said bus drivers. It was not a strike - just a protest. It seems to have started at about 4.30am and ended at about 7.30am - It was peaceful. 

Published: Saturday August 2, 2014 MYT 12:00:00 AM
Updated: Saturday August 2, 2014 MYT 9:20:49 AM

Bus drivers cause traffic chaos at CIQ

by nelson benjamin, desiree tresa gasper, AND kathleen ann kili

Traffic standstill: The parked factory buses at the CIQ.

JOHOR BARU: A group of factory bus drivers stopped metres away from the entrance of the Sultan Iskandar Customs and Immigration Check­point (CIQ) building here to protest against the toll charges being implemented there, causing traffic to come to a standstill.

The drivers parked their vehicles across the three-lane highway, blocking access to all other heavy vehicles. 

The pre-dawn blockade forced scores of commuters, including schoolchildren and factory workers, to trudge across the Causeway into Singapore on foot. 

However, by around 8am, the four-hour blockade was lifted and the situation was back to normal.

Johor Baru South Deputy OCPD Supt Mohd Nadzir Gulam Kadir said the first few buses, whose drivers were protesting against the toll collection, stopped about 30m from the CIQ entrance at around 4.15am. 

“Not all the bus drivers were involved as there were some who chose to remain inside their vehicles while the group spoke to the authorities. There was no arrest as the group was not violent and only wanted to voice out dissatisfaction over the toll charges,” said Supt Mohd Nadzir. 

The group, comprising some 100 drivers, started to disperse at about 7.30am after they were assured that their views would be considered by the authorities, he added. 

A Works Ministry statement denied that there was a strike, adding that only two drivers were involved in the commotion after they refused to pay toll. 

“The Government views this seriously and action will be taken against irresponsible drivers,” it said, adding that officials from the Malaysian Highway Authority, Eastern Dispersal Link (EDL) and PLUS Bhd would be stationed there to monitor and reduce traffic jams. 

The EDL is an 8.6km-long expressway in Johor Baru that connects the North-South Expressway Southern Route in Pandan to the CIQ complex in the city centre. It is regarded as a toll-free expressway to the CIQ complex, allowing users to bypass Jalan Tebrau.

However, a controversy has erupted following the decision to impose toll collection inside the Johor CIQ as some who do not use the EDL but want to travel to Singapore will also have to pay the toll.

Although an average of 220,000 motorists use the EDL daily, only about 40,000 to 50,000 users travel to Singapore and have to pay toll. 

Toll collection at CIQ, which began at midnight, proceeded smoothly. 

A spokesman from the highway concessionaire said some 1,000 Touch n Go cards with RM10 in preloaded value would be distributed to motorists passing through the CIQ starting yesterday.

“We plan to hand out 200 cards daily during peak hours in the next five days,” she said.- The Star Online, 2/8/2014, Bus drivers cause traffic chaos at CIQ

See also:- 

Forced to walk when bus drivers protest toll rise - Should we support the struggle for rights?

Victory for hotel employees - Minimum Wages does not include 'service charge'

For employees of hotels and many restaurant, over and above their salary (which is rather low), they also get 'service charge' . In Malaysia, there is usually no 'tips' - but there is service charge, being normally a percentage over and above the  payments made by customers for their hotel stay, food, drinks, etc.. (it is clearly stated in your bills). Now service charges are payments made by the 'customer' and not the employers - but alas, many employers still take a percentage of this for their services of administering these moneys of the workers. 

Now with minimum wages becoming a right in Malaysia, some of these employers tried not to increase the basic wages of workers to the required minimum wages of RM900, but tried to include 'service charge' in their computation of minimum wage. Of course, hotel employees and their unions were not happy. (See the link below to understand more about service charge...).

This recent court judgment settles this issue -   employee shall be paid the minimum wage, as per the Minimum Wage Act which came into effect last year, on top of the service charge.

The news report is misleading, the Union that took up the case and won, I believe, was The National Union of Hotel, Bar and Restaurant Workers (NUHBRW) not the Malaysian Trade Union Congress(MTUC). The report really should name and credit this Union who took up the struggle and won. [Will try to get the Judgment and upload it..]

Union wins landmark case for minimum wage

Posted on 31 July 2014 - 08:34pm
Last updated on 31 July 2014 - 09:13pm

Elly Fazaniza
newsdesk@thesundaily.com

PETALING JAYA: The Malaysian Trades Union Congress (MTUC) applauded a recent landmark judgment handed down by the industrial court on a hotel's employee salary structure.

Its president, Mohd Khalid Atan, told theSun today that the decision made last month is a precedent which should be followed by others in the hospitality industry.

In the written judgment, the court held that an employee shall be paid the minimum wage, as per the Minimum Wage Act which came into effect last year, on top of the service charge imposed.

In addition, the court also decided that the hotel would retain 10% of the total service charge imposed on all its monthly bills and the remaining 90% will be fully distributed to all employees covered within the scope of the decision made.

The case arose because there was a salary dispute between the two parties – the hotel and the employees.

The employees had insisted that their salaries be structured in line with the Act and be separated from the 10% service charge imposed on billings to customers.

According to the written judgment, with effect from Oct 1 last year, every employee shall be paid according to the new outlined salary structure except for part-timers, temporary, casual and retired employees.

It also stated that the minimum wages should be implemented with immediate effect as the hotel is a member of the Malaysian Association of Hotels (MAH).

The decision follows after the Act came into effect last year with the implementation of the minimum wages of RM900 in Peninsular Malaysia and RM800 in East Malaysia.

The union's industrial relations adviser Lim Chooi Phoe said he was glad because the employees are benefiting from the outcome.

He believes that currently there are 24 hotels nationwide facing the same problem regarding salaries which are being brought up to the industrial court.

At press time, MAH and Malaysian Association of Hotel Owners (Maho) could not be reached for comments on the matter - The Sun Daily, 31/7/2014, Union wins landmark case for minimum wage - http://www.thesundaily.my/news/1128968

 

For background, see 

Service Charge and employees of Hotel, Bar and Restaurants - Brief Introduction