Archive for category Constitution
Bad week for rule of law and credibility and professionalism of key national institutions like police and judiciary contributing to the “Perfect Storm” confronting Malaysia
This is a bad week for the rule of law and the credibility and professionalism of key national institutions like the police and the judiciary with multiple developments.
I will just cite three instances.
The first is mystery of the sudden and shocking sacking of the Attorney-General Tan Sri Gani Patail some two months before his compulsory retirement age and his disappearance from the public domain in the wake of speculation that Gani was on the verge of filing charges against the Prime Minister, Datuk Seri Najib Razak for corruption in connection with the RM50 billion 1MDB scandal and that Najib had pre-empted Gani from prosecuting him by summarily sacking him as Attorney-General.
Gani’s sacking was followed by inter-departmental internecine warfare with police arrests of key officials in the Attorney-General’s Chambers, Bank Negara and the Malaysian Anti-Corruption Commission which degenerated into an intra-departmental police tussle, involving the No. 2 man in the Police Special Branch, Abdul Hamid Bador.
What is truth and what is fiction? Read the rest of this entry »
Three lessons in a national soul-searching as to what has gone wrong with over five decades of nation-building that there was a Red Shirts Malay Rally replete with racial slurs and provocations on Malaysia Day itself and with government approval
Malaysians must conduct a national soul-searching as to what has gone wrong with over five decades of nation-building that there was a Red Shirts Malay rally replete with racial slurs and provocations on Malaysia Day itself and with government approval.
Police estimated that some 35,000 Malays from all over the country converged in Kuala Lumpur – a few not knowing why they were being brought to the Federal capital – to uphold Malay dignity on the ground allegedly that Malay rights were under threat.
UMNO veteran and stalwart, Gua Musang MP Tengku Razaleigh Hamzah rightly said today that he did not know where the perceived threats to Malays were coming from.
He said: “You have got the government that is headed by a Malay, state governments headed by Malays with the exception of one in Penang. The civil service is mostly made up of Malays.
“The army are mostly Malays and we also have Malay rulers. I don’t know where the threats are coming from.”
Even the fourth and longest-serving Prime Minister of Malaysia, Tun Dr. Mahathir Mohamad said that he was clueless about the objectives of the Red Shirts Malay rally, although it was meant to be a counter-demonstration against the allegedly Chinese-dominated and DAP-masterminded (completely untrue and baseless allegations) Bersih 4 overnight rally on August 29 and 30. Read the rest of this entry »
– Tommy Thomas
The Malaysian Insider
8 September 2015
The prime minister reportedly said his administration cannot be toppled by “street demonstrations” because it would be against the Federal Constitution.
Whatever the intentions of the organisers and participants of Bersih 4, the rally could not force Datuk Seri Najib Razak to step down as prime minister from a constitutional and political perspective.
People power, however strong and widespread, cannot overthrow a government under the Westminster style of parliamentary democracy which we have adopted nearly six decades ago. Read the rest of this entry »
BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
The Malaysian Insider
9 September 2015
The Bar Council wants its members to give their mandate to take legal action against any person responsible for obstructing investigations into the 1Malaysia Development Berhad (1MDB) fiasco and the case of the RM2.6 billion “donation” channelled into the prime minister’s private accounts.
This is among the suggestions forwarded by president of the Malaysian Bar Steven Thiru, who will move the motion at its emergency general meeting in Kuala Lumpur on Saturday.
Copies of the motion were sent to 16,000 lawyers in the peninsula yesterday.
A copy of the motion, sighted by The Malaysian Insider, also stated that the Bar mandates the council to take steps to affirm and preserve the rule of law, to uphold the Federal Constitution and to protect the administration of justice. Read the rest of this entry »
Ten days have passed, IGP Khalid should declare whether the police have found any plot to topple the elected government by violent or unconstitutional means
For ten days, the new Deputy Prime Minister and Home Minister, Datuk Seri Zahid Hamidi had been on a rampage with his tall tale of a heinous and treacherous plot to topple the elected government in Malaysia, aimed at sending the country into a frenzy with two objectives:
• to distract the nation from the twin scandals of 1MDB and the RM2.6 billion in Najib’s personal bank accounts; and
• to neutralise and flush out potential challengers to his new-found position as the heir-apparent to the highest office of the land.
He even got the Inspector-General of Police, Tan Sri Khalid Abu Bakar to play second fiddle by getting the police to go on a “wild goose’s chase” to investigate police reports based on Zahid’s claim of a plot by an Umno leader to topple the government under Section 124B of the Penal Code on “activities detrimental to parliamentary democracy”. Read the rest of this entry »
Political leaders can meet and discuss Mahathir’s interesting proposition to see how far it could advance the cause of “Save Malaysia”
(Scroll down for English text)
Pemimpin-pemimpin politik boleh bertemu dan membincangkan cadangan menarik Mahathir untuk melihat sejauh mana ia boleh membawa kepada matlamat “Menyelamatkan Malaysia”
Pada Mac tahun ini, saya telah menyarankan agar rakyat Malaysia mengumpul keberanian untuk memikirkan perkara-perkara yang tidak terfikirkan, termasuk membayangkan kemunculan seorang Perdana Menteri baru dan gabungan kerajaan baru sebelum Pilihanraya Umum ke-14 dalam tempoh tiga tahun ini bagi “Menyelamatkan Malaysia”, mempertahankan Perlembagaan Malaysia, kedaulatan undang-undang dan membentuk urus tadbir yang baik.
Menerusi beberapa kenyataan media dan ucapan sepanjang Mac dan April, saya telah membincangkan kemungkinan wujudnya satu pakatan besar “Menyelamatkan Malaysia” pasca-BN dan pasca-PR.
Saya juga telah menyatakan dengan jelas bahawa jika pakatan besar “Menyelamatkan Malaysia” pasca-BN dan pasca-PR itu dibentuk, ia mestilah tidak terhad kepada hanya kaum atau agama tertentu tetapi meliputi semua kaum, agama, dan daerah, atau dalam ungkapan lain, sebuah kerajaan gabungan yang jamak-kaum, jamak-agama dan jamak-daerah, meliputi Muslim dan bukan-Muslim, Melayu dan bukan-Melayu, serta warga Malaysia dari Semenanjung Malaysia, Sarawak dan Sabah.
Gabungan itu juga mesti melampaui pakatan dan parti politik sedia ada, merangkumi Ahli-Ahli Parlimen dari kedua-dua kubu politik dan juga kedua-dua sisi Laut Cina Selatan, iaitu meliputi Sabah, Sarawak dan Semenanjung Malaysia, bagi mempertahankan perlembagaan dan kedaulatan undang-undang dengan seorang Perdana Menteri baru dan sebuah kerajaan Malaysia yang baru. Read the rest of this entry »
Did the new Attorney-General start off his tenure making a public statement which is far from the truth when he said that the purported corruption charge sheet against the Prime Minister was a fake?
The 2015 Sabah earthquake which struck Ranau with a magnitude of Richter 6.0 on 5th June lasted for 30 seconds, but it killed 18 people on Mount Kinabalu and caused some 90 aftershocks for the following next three weeks.
Similarly, the convulsions in the very sanctum of Federal government in Putrajaya in the last days of July, which saw the sacking of the Attorney-General and Deputy Prime Minister on 28th July and the arrests and harassment of top government officers in key institutions are still having their aftershocks – like yesterday’s sudden and abrupt transfer out of the Special Branch (SB) of the deputy director of the police intelligence agency, Datuk Abdul Hamid Bador to the Prime Minister’s Department reporting directly to the Prime Minister, Datuk Seri Najib Razak!
Abdul Hamid, who had been with the Police force for 37 years, was completely in the dark on the reasons for his abrupt transfer to the Prime Minister’s Office, reminiscent of the sudden transfer of two Malaysian Anti-Corruption Commission (MACC) directors, Bahri Mohd Zin (special operations division) and Rohaizad Yaakob (strategic communications) at the height of the recent stand-off between the Police and MACC over investigations into 1MDB and the RM2.6 billion Najib personal accounts, which also saw the most extraordinary solat hajat (special prayers) by MACC officers seeking divine intervention to allow MACC officers to carry out their anti-corruption duties.
Although the immediate and punitive transfer of Bahri and Rohaizad out of MACC to the Prime Minister’s Department had been cancelled because of adverse public reactions, penalties are being considered to punish the two MACC directors – which the powers-that-be should know could not be kept secret but would have to be fully explained and accounted for when Parliament reconvenes on October 19 for the 2015 Budget meeting.
And what of Abdul Hamid? Read the rest of this entry »
Call on the IGP to arrest Housing Minister Abdul Rahman Dahlan for publishing “false news” under the PPPA for his Star Online Interview unless Abdul Rahman can prove that there was actually a plot to criminalise the Prime Minister and topple him from office
In his Star Online interview, which is not available on the printed edition of The Star today, the Barisan Nasional Strategic Communications Director, Datuk Abdul Rahman Dahlan who is also Minister for Housing and Local Government, is guilty of publishing two false news unless he could prove their truth and veracity, viz:
Firstly, that there was an attempted coup against the Prime Minister, Datuk Seri Najib Razak by criminalising him and topple him from office; and
Secondly, that there was already a coup and unconstitutional grap for power by the then Attorney-General, Tan Sri Gani Patail when illegally and arbitrarily, the Special Task force headed by him investigating into the 1MDB and the RM2.6 billion deposit in Najib’s personal accounts in AmBank investigated the Prime Minister in order to “criminalise” the Prime Minister.
These are serious assertions by a Minister of the country, and must be considered as “false news” falling under the Printing Presses and Publications Act 1984 unless Rahman could prove their truth and veracity.
I call on the Inspector-General of Police, Tan Sri Khalid Abu Bakar to arrest Housing Minister Abdul Rahman Dahlan for publishing “false news” under the Printing Presses and Publications Act for his Star Online Interview on a plot to criminalise the Prime Minister and topple him from office unless Rahman can prove the veracity or truth of these serious allegations.
Three important strands of police investigations into Abdul Rahman’s Star Online interview should be:
(1) Whether there was a plot in the last days of July to stage a coup against Najib as Prime Minister by criminalizing him and toppling him from office;
(2) Whether there had been illegal and unconstitutional acts to overawe and frustrate the Attorney-General from exercising his discretionary powers under Article 145(3) of the Constitution to “institute, conduct or discontinue any proceedings for an offence”;
(3) Whether there was any basis for charging the Prime Minister for the offence of corruption. Read the rest of this entry »
Is former AG Gani Patail a free man, and if so, why he could not appear in public to explain truth or otherwise of alleged draft corruption charge sheet against Najib?
The newly-minted Attorney-General Tan Sri Mohamed Apandi Ali has dismissed the purported draft of a corruption charge sheet against Prime Minister Najib Abdul Razak published on whistleblower website Sarawak Report as false.
When the new Attorney-General could not say a simple “Yes” or “No” whether Gani, who had served as Attorney-General for nearly 13 years and was only about two months away from Oct. 6 when he is reaches 60 years and mandatory retirement, was summarily sacked as AG on Tuesday on July 28, 2015, Apandi is telling all Malaysians that he is capable of varnishing the truth, quibbling and equivocating instead of telling “the truth, the whole truth and nothing but the truth”!
Under these circumstances, Apandi’s denial must be taken with a pinch of salt until and unless he could produce the former AG, Gani Patail, to publicly explain the circumstances and the truth or otherwise of the draft corruption charge sheet against Najib. Read the rest of this entry »
Is the sacking of AG and DPM a multiple attack on the national institutions including the Press, Parliament, the 1MDB “special task force” comprising AGC, BNM, MACC and Police to save Najib from the 1MDB scandal?
The past 72 hours have deepened the mystery and national foreboding about the sacking of the Attorney-General Tan Sri Abdul Gani Othman, the Deputy Prime Minister, Tan Sri Muhyiddin Yassin and the Minister for Rural and Regional Development, Datuk Seri Shafie Apdal.
The question that is looming ever larger is whether the sackings represented a prelude to a multiple attack on the national institutions including the press, Parliament, the 1MDB “special task force” comprising the Attorney-General’s Chambers, Bank Negara Malaysia, Malaysian Anti-Corruption Agency and the Royal Malaysian Police to save the Prime Minister Datuk Seri Najib Razak from the 1MDB scandal.
The latest political hurricane started with the totally unacceptable reason for the sudden and summary sacking on Tuesday of Gani as Attorney-General who had served as the first legal officer of the Crown for 13 years and two months short of retirement on reaching 60 years old, on the ridiculous ground of “health reasons”. Read the rest of this entry »
Is Apandi as the new Attorney-General going to be Najib’s hatchet man to usher a new dark age subjecting national institutions to a second wave of attacks or will he be sentinel to ensure an “enlightened and democratic” Malaysia
The first statement of the new Attorney-General, Tan Sri Mohamed Apandi Ali is to justify the removal of his predecessor Tan Sri Abdul Gani Patail as constitutional and according to law.
Apandi said his predecessor’s rank is not reduced in any way. Are we having two Attorney-Generals in Malaysia – Apandi with all the powers and perks of the office, and Gani, enjoying all the perks but not the powers of Attorney-General?
Apandi said Article 145(6) of the Federal Constitution requiring the setting up of a tribunal for the dismissal of the Attorney-General in the like manner for the removal of a Federal Court judge does not apply, relying fully on Article 145(5) that states that the Attorney-General holds office at the pleasure of the Yang di Pertuan Agong.
I will leave it to the lawyers to address nettlesome question whether Gani’s sudden and summary sacking as Attorney-General on Monday is constitutional or not.
However, in an era when the Government knows best is over, which Prime Minister Datuk Seri Najib Razak had fully acknowledged when he became Prime Minister more than six years ago, Malaysians are entitled to a full explanation why Gani had been treated so shabbily and humiliatingly that he had been sacked suddenly and summarily after serving for nearly 13 years as AG and will retire in two months’ time on Oct. 6 when he celebrates his 60th birthday.
Gani would not have been taken by surprise by his termination as Attorney-General on Monday if he had applied for early retirement.
Wasn’t he entitled to the basic courtesy of being informed that his tenure as Attorney-General was being terminated, if “health problems” were the real reasons for the termination? Read the rest of this entry »
Why are the lawyers in Cabinet silent about Gani’s sacking as Attorney-General when it is patently unconstitutional and an affront’s to Malaysia’s commitment to uphold the rule of law
Tan Sri Muhyiddin Yassin accepts that it is the Prime Minister’s prerogative to sack the Deputy Prime Minister and to remove any Minister from the Cabinet.
It is for the court of public opinion and history to judge whether the Prime Minister had made a colossal political blunder or had made a brilliant political move.
But has the Prime Minister the prerogative to sack the Attorney-General, the highest legal officer of the land, on his whims and fancies without regard to due process?
The answer must be a firm “No”, for Article 145(6) of the Malaysian Constitution makes it very clear that the Attorney-General “shall not be removed from office, except on the like grounds and in the like manner as a judge of the Federal Court” and Article 125(3) lays down the procedure for the removal of a Federal Court judge, which requires the equivalent of a judicial tribunal to adjudicate his removal whether on the ground of breach of the code of ethics or of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office.
The immediate and instant sacking of Tan Sri Abdul Gani Patail as Attorney-General, in the manner of the announcement yesterday morning by the Chief Secretary to the Government, Tan Sri Dr. Ali Hamsa without Gani even knowing about it beforehand is clearly unconstitutional and an affront to a country which upholds constitutionalism and the rule of law. Read the rest of this entry »
The special task force into allegations of PM misconduct by Najib has zero credibility and legitimacy when DPM and Cabinet Ministers completely in the dark about its establishment, composition, terms of reference and latest change of Chairmanship
The special task force investigating into allegations of Prime Ministerial misconduct by Datuk Seri Najib Razak, in particular into Wall Street Journal (WSJ) report and allegation on July 3 that US$700 million (RM2.6 billion) were deposited into Najib’s personal accounts in AmBank in March 2013, shortly before the dissolution of Parliament on April 3, 2013 and the holding of 13th general elections has zero credibility and legitimacy.
How can the “special task force” have credibility and legitimacy when Cabinet Ministers, and even the Deputy Prime Minister, Tan Sri Muhyiddin Yassin, do not know about its establishment, composition, terms of reference and the latest change of Chairmanship of the special task force?
Yesterday, former Attorney-General Tan Sri Abu Talib urged the Attorney-General Tan Sri Abdul Gani Patail to disassociate himself from the special task force, saying this would help enhance public perception and integrity into the probe.
Abu Talib’s views were also shared by lawyers who said the top government lawyer should not be part of the investigation or else his office would not be seen as being independent.
Talib and the lawyers said Gani’s immediate disassociation from the task force would enhance public confidence and integrity over the three investigating bodies – police, MACC and Bank Negara – in executing their duties.
The principle of check and balance between investigation agencies and the public prosecutor must be observed to ensure justice to all parties, including the public.
Talib, who was A-G from 1980 and 1993, said it was not desirable for Gani, as the public prosecutor, to be a member of the task force. Read the rest of this entry »
The Malaysian Insider
16 July 2015 7:00 AM
A former attorney-general has urged top government lawyer Tan Sri Abdul Gani Patail to disassociate himself from the task force investigating the prime minister over the 1 Malaysia Development Berhad (1MDB) scandal, saying this will enhance public perception and integrity into the probe.
Tan Sri Abu Talib Othman’s views were also shared by lawyers who said Attorney-General Gani should not be part of the investigation or else his office would not be seen as being independent.
Gani currently heads the task force which is investigating the alleged irregularities in 1MDB and the RM2.67 billion allegedly channelled into Datuk Seri Najib Razak’s personal bank accounts.
The task force also comprises the Malaysian Anti-Corruption Commission, Bank Negara Malaysia (BNM) and police. Read the rest of this entry »
Sarawak and Sabah should have one-third of the parliamentary seats which is not only be in the spirit of the Malaysia Agreement 1963 but a crucial safeguard to preserve and protect the fundamental principle of the constitution of Malaysia as a secular nation with Islam as the official religion
Malaysia wants to become a developed nation in five years time in 2020.
In the developed nations in Europe, the rural areas would enjoy basic infrastructures and amenities like piped water, electricity supply, as well as the most elementary educational, economic and health facilities which are non-existent for rural areas in Malaysia, particularly in Sarawak and Sabah.
I can still remember that more than half a century ago in the early sixties, there would be delegation after delegation of Sarawakians and Sabahans visiting Peninsular Malaysia because the Prime Minister at the time, Tunku Abdul Rahman, his deputy Tun Razak and other Ministers in the Cabinet in Kuala Lumpur wanted to convince Sarawak and Sabah leaders the advantages of the formation of Malaysia, promising that Sarawak and Sabah would be as advanced and developed as Malaya if Sabah and agreed to the formation of the new federation of Malaysia together with Malaya and Singapore.
Malaysia is now 52 years old since its formation in 1963, and the promises half a century ago that Sarawak and Sabah would be as developed as Peninsular Malaysia have still to be met, or tens of thousands of Ibans would not have to leave Sarawak to seek greener pastures in Johor Baru – which is why we are having a Gawai celebration in Johor Baru tonight. Read the rest of this entry »
Best tribute to Karpal Singh is for all Malaysians regardless of race, religion or political affiliation to unite to Save Malaysia to defend constitutionalism, the rule of law and moderation as our national way of life and model for the world
Five months ago on Dec. 8, 2014, a group of 25 prominent Malays penned an open letter asking for a rational dialogue on the position of Islam in a constitutional democracy.
The 19-paragraph statement was signed by prominent people, including former secretaries-general, directors-general, ambassadors and prominent individuals, as they felt that it was high time moderate Malays and Muslims speak out as extremist, immoderate and intolerant voices do not speak in their name.
They called on the Prime Minister to exercise his leadership and political will to establish an inclusive consultative committee to find solutions to issues which have become more “difficult to address” because of the extreme politicisation of race and religion in this country by bringing together experts in various fields, including Islamic and constitutional laws, and those affected by the application of Islamic laws in adverse ways.
They also urged more moderate Malaysians to speak up and contribute to a better informed and rational public discussion on the place of Islamic laws within a constitutional democracy and the urgency to address the breakdown of federal-state division of powers and finding solutions to the heart-wrenching stories of lives and relationships damaged and put in limbo because of battles over turf and identity.
Although the open letter of G25 which has expanded to G44, drew widespread support from many quarters, including petitions online as well on twitter and FaceBook, it is most regrettable that after close to five months, the Prime Minister, who had travelled the world with his initiative of a Global Movement of Moderates calling for a “coalition of moderates” to reclaim their religion from extremists appears to be either indifferent or impotent about rising extremism at home. Read the rest of this entry »
The Malaysian Insider
19 April 2015
We are a group of Malaysians deeply concerned about the state of our nation. Never before in this country’s history have such stresses and strains been made to bear upon the foundational principles of nationhood which now threaten to subvert the bonds that have held all Malaysians together and kept the nation comprising the territorial components of Peninsular Malaysia, Sabah and Sarawak intact.
Constructed when Malaya achieved independence in 1957 under the Merdeka Constitution, the basic structure was re-examined and re-established when the federation of Malaysia came into being in 1963 with the concerns of the Borneo states taken into consideration.
Malaysia’s constitutional history records the fact that this country is a secular nation with Islam as the religion of the federation. Read the rest of this entry »
by Boo Su-Lyn
Malay Mail Online
April 9, 2015
APRIL 9 — We are just five years away from our goal of becoming a developed nation by 2020.
Yet,in this day and age, we still have a law dating back from the colonial times guarding our speech and worse, the government is attempting to enhance punishments under the Sedition Act 1948.
People convicted of seditious speech can be imprisoned for up to 20 years under the proposed Sedition Act amendments, with a minimum jail term set at three years. No bail is allowed either.
Speech deemed to be seditious under the Sedition (Amendment) Bill 2015 involve issues of race and religion, secession, the rulers, and Bumiputera privileges, among others.
These are matters crucial to our democracy that Malaysians are prohibited from discussing freely.
The revised Sedition Act outlaws exciting “ill will, hostility or hatred” on grounds of race and religion, but such terms are extremely vague. Read the rest of this entry »
The Malay Mail Online
April 8, 2015
KUALA LUMPUR, April 8 — Kelantan’s hudud enactment violates the secular foundation upon which Malaya, Sabah and Sarawak had formed Malaysia, Sarawak churches said today.
The Kuching Ministers’ Fellowship (KMF), a network of church pastors and leaders in Sarawak, joined the Sabah Council of Churches in criticising the passing of the Kelantan Shariah Criminal Code II Enactment 1993 (amendment 2015) last month in the east coast state run by Islamist party PAS.
“The recently-passed Kelantan hudud enactment is in direct contradiction to the aspirations of founding fathers of our nation to keep Malaysia a secular state as evidenced in several historical documents that explicitly state this,” KMF chairman Pastor Daron Tan said in a statement.
“The introduction of hudud law is a fundamental breach and deviation from the expressed commitment to complete religious freedom, a key term underpinning the Malaysia Agreement signed in July 1963 between Sarawak, Sabah and Malaya,” he added. Read the rest of this entry »
by Boo Su-Lyn
The Malay Mail Online
April 9, 2015
KUALA LUMPUR, Apr 9 — Critics of Putrajaya’s proposed amendments to the Sedition Act 1948 claim the changes would not only criminalise calls for Sabah and Sarawak’s secession from Malaysia but may also be abused to punish those seeking more rights for the east Malaysian states.
Once the revisions to the Act are approved and gazetted by both houses of Parliament, analysts and lawmakers alike fear that authorities may choose to interpret any demand for greater autonomy in east Malaysia as prompting secession.
Universiti Malaysia Sabah senior anthropology lecturer Dr Paul Porodong stressed that it should not be considered secession for east Malaysians to call for a review of the Malaysia Agreement 1963 — the treaty upon which Malaysian federation was founded — press for greater state autonomy, or to demand more oil royalties.
“My worry is they’ll lump everything into secession and silence the voice of the people,” Porodong told Malay Mail Online. Read the rest of this entry »