Archive for category Constitution

PAS may suffer a double whammy in next general elections, completely wiped out in Johor, Perak and Malacca, virtually wiped out in Pahang and Kedah and may even lose power in Kelantan after 25 years of rule

If Pakatan Rakyat cannot be saved, it will cost all the three component parties dearly, as a result of the popular disenchantment of the voters throughout the country over the grave breach of trust and failure of the PR parties to be loyal and sincere to the Pakatan Rakyat Common Policy Framework and the operational principle of Pakatan Rakyat consensus that no single party or leader could exercise a veto in PR.

In the three Pakatan Rakyat parties, it will be PAS which is likely to suffer the most in the 14th General Elections in such circumstances.

PAS is in danger of losing nearly all of its parliament and state assembly seats outside the northern states as a result of the enactment of the Kelantan Syariah Criminal Code 2015 and PAS President and MP for Marang, Datuk Seri Hadi Awang’s private member’s bill on hudud implementation.

With a loss of 30% of non-Muslim votes, PAS will lose 7 parliament and 29 state seats it won in the 13GE in 2013.

PAS will be completely wiped out in Johore, Perak and Malacca and virtually wiped out in Selangor, Pahang and Kedah.

In Johore, PAS will lose all 4 state seats, namely Sungai Abong, Maharani, Parit Yaani and Puteri Wangsa.

In Perak, it will lose all the five state seats, namely Titi Serong, Gunong Semanggol, Selinsing, Changkat Jering and Sungai Rapak.

In Malacca, it will lose its sole State Assembly seat of Bukit Baru.

In Selangor, it will lose all its parliamentary seats (Hulu Langat, Shah Alam, Kota Raja, Sepang) and 14 out of the 15 state seats in Selangor. The Selangor state assembly seats currently held by PAS which are in danger are: Sabak, Taman Templer, Gombak Setia, Hulu Kelang, Lembah Jaya, Chempaka, Dusun Tua, Seri Serdang, Paya Jaras, Meru, Selat Klang, Sijangkang, Morib and Tanjong Sepat. The only Selangor seat PAS may win again will be Bangi.

In Pahang, it will lose two out of three state states, namely Beserah and Tanjung Lumpur.

In Kedah, it will lose the five state assembly seats of Alor Mengkudu, Kubang Rotan, Kuala Ketil and Merbau Pulas. Read the rest of this entry »

Print Friendly

3 Comments

Why is secularism a ‘non-argument’?

By Wong Chin Huat
Malaysiakini
Mar 23, 2015

COMMENT Many human right lawyers, minority rights advocates, women right advocates and liberals have vigorously and rigorously defended the secular nature of the Malaysian state.

The most outstanding examples include the late parliamentarian Karpal Singh, Islamic Renaissance Front (IRF) chairperson Dr Ahmad Farouk Musa and Noor Farida Arifin who leads the Group of 25 Eminent Malays (G25).

Their courageous defence of secularism, while cheered by many members of minorities and liberals, change little the debate amongst the Malay-Muslims.

As the ultimate defence on secularism lies with the judiciary, that increasingly Muslim judges are observing a trend of religious political correctness suggests this may be a losing battle.

Former top judges championing Malay-Muslim ultra-nationalism certainly leaves no room for optimism. Read the rest of this entry »

Print Friendly

2 Comments

A New Coalition Post-BN and Post-PR with new Prime Minister should be based on five fundamental principles starting with defending the Malaysian Constitution

Time is running out for the Prime Minister, Datuk Seri Najib Razak in the next 24 hours when the Cabinet holds its weekly meeting on Friday (during Parliamentary meetings) as to whether Najib has deviated from the stand of the first five Prime Ministers, Tunku Abdul Rahman, Tun Razak, Tun Hussein, Tun Mahathir and Tun Abdullah and the bedrock UMNO/Barisan Nasional nation-building principle and policy that hudud law is against Malaysian Constitution, the 1963 Malaysia Agreement and not suitable for a multi-racial and multi-religious nation like Malaysia.

For nearly 60 years, every Prime Minister if asked will have no hesitation to declaring the Federal Constitution and the Malaysia Agreement of 1963 will not permit the implementation of hudud laws.

The question is why the fifth Prime Minister has been agonizing for a week as to whether to reiterate what is UMNO/Barisan Nasional/Alliance policy for 58 years from Merdeka and 52 years since the formation of Malaysia.

If under Najib, UMNO/BN policies have taken a tectonic shift whereby the Prime Minister cannot open reiterate and reaffirm what had been UMNO/BN/Alliance bedrock nation-building principles for 58 years, in accordance with the 1957 Merdeka Constitution and the 1963 Malaysia Agreement that hudud law is against the Federal Constitution, the Malaysia Agreement 1963 and unsuitable for a multi-racial and multi-religious nation like Malaysia, then I invite all Malaysians to seriously think of the possibility of a new Malaysia coalition which is post-BN and post-PR with a new Prime Minister to “Save Malaysia” to defend the Federal Constitution and the rule of law. Read the rest of this entry »

Print Friendly

2 Comments

Govt must respond to Musa’s call on hudud

Ramon Navaratnam
Free Malaysia Today
March 23, 2015

Umno’s near silence on whether it supports hudud or not is causing grave uncertainty as to the future of Malaysia.

COMMENT

Former deputy prime minister Musa Hitam probably reflected the deep concerns of Malaysians when he said he was “disappointed with Umno for not making its stand on hudud clear”.

A significant number – perhaps even a majority – of thinking Malaysians have long been expecting the Umno-led government to come out unequivocally on this vital issue. Its near silence is causing national anxiety and grave uncertainty as to the future of our country.

As Musa correctly pointed out, this is a national issue “with far reaching implications to the country, both domestically and internationally”.

Confidence at home and abroad can dramatically decline as Malaysians see themselves at the crossroads of their destiny. We all ask whether we will continue to adopt secular ways to go forward or take the hudud highway and perhaps go backwards?

These uncertainties will also probably cause a further weakening of the ringgit, an increase in capital outflows, a worsening of the brain drain and even a rise in inflation. Read the rest of this entry »

Print Friendly

4 Comments

Why police presence at EC public hearing, asks DAP

by Desmond Davidson
The Malaysian Insider
7 March 2015 8:11 PM

Sarawak DAP has accused the Election Commission (EC) of breaking its rigid “closed door” rule in the public objections to its proposed redrawing of the electoral boundary in Miri with the presence of four police personnel, believed to be from the Special Branch Unit.

DAP Senadin branch chairperson, Eunice Lim questioned why the cops were allowed to take part but barred the public and media from the series of hearings in Kuching and other major towns in the state.

“Why were the SB officers allowed inside the hearing?” she asked.

“Their presence create a sort of fear to those who were making their presentation,” Lim said, referring to an incident last Thursday.

“I did not realise their presence when I was making my presentation,” she said.

“We only came to know about it when my colleague (Piasau assemblyman Alan Ling) spotted the officers sitting with the EC officers before making his own presentation.” Read the rest of this entry »

Print Friendly

No Comments

Pastoral letter in reference to Herald case

– Julian Leow
The Malaysian Insider
27 January 2015

My Dear People of God,

“I have fought the good fight, I have finished the race, I have kept the faith.” 2 Timothy 4:7

We have come to the end of a long journey which began in 2008 when we were told that we cannot call God in the way the majority of our Catholics in Malaysia have been used to for centuries.

We mounted a challenge in the court to exercise our constitutional right to manage our own religious affairs. The Church took the position that the minister’s restriction went against the spirit as well as the letter of our Federal Constitution. Read the rest of this entry »

Print Friendly

1 Comment

Supremacy of the Federal Constitution

Azrul Mohd Khalib
The Malay Mail Online
January 21, 2015

JANUARY 21 ― The indignant tone that recently came out of Jakim’s Director General Datuk Othman Mustapha, who denounced the questioning of religious authorities as being part of a liberalism movement, is representative of the larger problem we have with the government religious institutions in this country.

They feel that they are above criticism. That they can do no wrong and are infallible. That to criticise them is to question Islam.

Yet, the attitude and actions of the religious authorities over the past decade have shown all too clearly why the Shariah system in Malaysia is where it is in our Federal Constitution.

There is an actual risk of abuse and misuse of power. It is not abstract or theoretical. It is very real. Ask Nik Raina of Borders. Read the rest of this entry »

Print Friendly

8 Comments

Decentralisation is about effective governance

ZAIRIL KHIR JOHARI
Published: 20 January 2015
The Malaysian Insider

A recent article I wrote proposing greater decentralisation of powers in Malaysia has managed to attract criticism and attacks by Umno apparatchiks, such as Kepala Batas MP Datuk Seri Reezal Merican and Umno-owned national daily Utusan Malaysia. They said my suggestions were nothing short of an attack on the Federal Constitution and, unsurprisingly, seditious (what isn’t, these days?).

I quickly responded by pointing out the obvious – that there is in fact an explicit provision in the Federal Constitution (Article 76A) that effectively allows the delegation of federal power to state authorities. In other words, decentralisation of powers from the federal to the state is not merely allowed but in fact envisioned by our country’s highest law.

Also, I ridiculed Umno’s hypocrisy on the matter. If it is considered seditious or unconstitutional to devolve powers from the centre to the periphery, then why isn’t it the other way around?
Read the rest of this entry »

Print Friendly

No Comments

A wretched, horrendous year, with little cheer

COMMENTARY BY THE MALAYSIAN INSIDER
31 December 2014

2014 has been a wretched and horrendous year for Malaysia, with very little spots of sunny cheer for Malaysians. All 52 weeks have seen us angry and sad – not quite the happy Malaysia Truly Asia that we portray in tourism advertisements.

Grief has been Malaysia’s main point of unity – from the mysterious disappearance of Malaysia Airlines flight MH370 on March 8 to flight MH17 that was shot out of the sky on July 17 to the tragic crash of AirAsia Bhd Indonesian affiliate’s flight QZ8501 on December 28, in the last days of the year.

Three commercial plane crashes linked to Malaysia in just a year – what are the chances of that?

And while that dominated the headlines, there has been other events that added to Malaysia’s grief. Statistics showed that 189 people died of dengue so far this year, up from 95 in 2013. Read the rest of this entry »

Print Friendly

1 Comment

Court ruling affirms religious authorities are limited by law

COMMENTARY BY THE MALAYSIAN INSIDER
30 December 2014

There is the law and no one, including religious authorities, can overstep the limits of the law even if they invoke religion as a right.

For too long now, some state religious authorities in Malaysia have issued fatwas (opinions) and treated them as immutable regulations that can be imposed at will and without recourse.

Today, the Court of Appeal affirmed that these state religious authorities have no such power when it upheld a lower court’s ruling that the Federal Territory Islamic Religious Department (Jawi) was wrong in raiding and seizing copies of a controversial book from a Borders bookstore in Kuala Lumpur.

The book, “Allah, Liberty and Love” by Irshad Manji, was seized before a fatwa banning it was issued and, as such, Jawi’s actions were deemed illegal and unconstitutional. Read the rest of this entry »

Print Friendly

1 Comment

No point in my attending any future PR Presidential Council meetings if PAS pushes for implementation of hudud in December 29 Kelantan State Assembly special meeting

I fully endorse what the Selangor Mentri Besar and PKR Deputy President Azmin Ali said yesterday, that hudud is not a common policy of Pakatan Rakyat, hence PAS should bring the issue to the Pakatan Rakyat presidential council for discussion.

Azmin referred to the September 28, 2011 meeting of Pakatan Rakyat Presidential Council at the PAS Headquarters attended by over 30 top leaders of DAP, PKR and PAS, which was also attended the then DAP National Chairman, Karpal Singh, and Kelantan exco members, and the consensus was that hudud was not part of PR joint common policy framework until all parties agreed to it.

As Azmin said: “If there is any new opinion or suggestion, it has to be brought back to the original consensus which was agreed among Pakatan, meaning that it has to go back to Pakatan’s presidential council.”

But PAS has never brought this matter to Pakatan’s presidential council.

In fact, the headline of The Malaysian Insider report on the Sept. 28, 2011 PR Presidential Council meeting was: “Pakatan: Hudud only if all parties agree.” Read the rest of this entry »

Print Friendly

20 Comments

December 29 Kelantan State Assembly special sitting to implement hudud will be a point of no return for both Barisan Nasional and Pakatan Rakyat

The December 29 Kelantan State Assembly special sitting to implement hudud will be a point of no return for both Barisan Nasional and Pakatan Rakyat.

The stand of the first three Prime Ministers, Tunku Abdul Rahman, Tun Razak and Tun Hussein Onn were crystal clear, that hudud laws are at variance with Malaysia’s Constitution that Malaysia is a secular state.

This was also the position of the other MCA and MIC founding fathers of the nation, Tun Tan Cheng Lock, Tun Tan Siew Sin and Tun V.T. Sambanthan – as well as Tun Dr. Lim Chong Eu who was the second MCA President in 1958 and subsequently left MCA and became the second President of Gerakan from 1969 – 1980.

Indisputably, this was also the position of all the founding fathers of Malaysia from Sabah and Sarawak.

If the Kelantan UMNO Assemblymen are allowed to vote in support of the proposal to implement hudud at the Kelantan State Assembly special sitting on Dec. 29, the whole character and basis of Barisan Nasional would have undergone its most radical transformation in the history of the ruling government coalition in the country.
Read the rest of this entry »

Print Friendly

5 Comments

Champion open debate and discourse on Islamic law — 25 prominent Malays

Open Letter
December 8, 2014 06:54 AM

DECEMBER 8 — We, a group of concerned citizens of Malaysia, would like to express how disturbed and deeply dismayed we are over the continuing unresolved disputes on the position and application of Islamic laws in this country. The on-going debate over these matters display a lack of clarity and understanding on the place of Islam within our constitutional democracy. Moreover, they reflect a serious breakdown of federal-state division of powers, both in the areas of civil and criminal jurisdictions.

We refer specifically to the current situation where religious bodies seem to be asserting authority beyond their jurisdiction; where issuance of various fatwa violate the Federal Constitution and breach the democratic and consultative process of shura; where the rise of supremacist NGOs accusing dissenting voices of being anti-Islam, anti-monarchy and anti-Malay has made attempts at rational discussion and conflict resolution difficult; and most importantly, where the use of the Sedition Act hangs as a constant threat to silence anyone with a contrary opinion.

These developments undermine Malaysia’s commitment to democratic principles and rule of law, breed intolerance and bigotry, and have heightened anxieties over national peace and stability.
Read the rest of this entry »

Print Friendly

8 Comments

Passed over for promotions, Sarawak Dayaks seethe at civil service discrimination

by Desmond Davidson
The Malaysian Insider
30 November 2014

A list of promotions, purportedly in the Sarawak Road Transport Department, has sparked outrage among Dayak professionals and civil servants in the state over what they see as proof of discrimination against non-Malay Bumiputera in the federal civil service.

The list, which has been posted on a blog and on Facebook, names eight Malay enforcement officers as “berjaya” (successful) in securing promotions from the N27 scale to N32, while three Dayak officers were listed as “simpanan”, or reserve.

To Dayaks – as Sarawak’s indigenous people are called – the list confirms what they have felt all along and what has also been noted in the just-released Malaysia Human Development Report 2013 – that discrimination exists within the Bumiputera working in the civil service, with Malays given preference over natives.

The list was posted on November 25 on www.pengerindu.com, a blog on Dayak interests which has a wide following among Ibans, a branch of the Dayak people.

“Dayaks are only qualified to become ‘reserves’ until when? I fear the ‘tsunami of young Dayaks’ could undermine the Sarawak government if nothing is done to help the Dayaks,” wrote the author of the post, Mr J. Read the rest of this entry »

Print Friendly

2 Comments

MCA and Gerakan Ministers should explain why they have not raised any objection at Friday’s Cabinet meeting to the unconstitutional proposal to set up a Syariah Federal Court with the same powers as the civil Federal Court

MCA and Gerakan Ministers should explain why they have not raised any objection at Friday’s Cabinet meeting to the unconstitutional proposal to set up a Syariah Federal Court with the same powers as the civil Federal Court.

This unconstitutional move by the Minister in the Prime Minister’s Department, Datuk Seri Jamil Khir Baharom to have a parallel court system at the federal level
was reported on Thursday’s Berita Harian, and MCA and Gerakan Ministers – as well as other Cabinet members – were remiss in their constitutional oath and political responsibilities in failing to object to such a proposal at Friday’s Cabinet meeting and to demand that all Federal Government involvement in such an unconstitutional development be halted immediately.

Instead, the MCA and Gerakan Ministers have chosen to ask their lowly representatives who are neither in Parliament or any State Assembly to raise objections, knowing that such voices would be ignored completely – when the right and proper place for such objections to be raised is the Cabinet on Friday.

The establishment of a Syariah Federal Court with equivalent powers of the civil Federal Court goes against the very structure and foundation of the Merdeka Constitution of 1957 and Malaysia Constitution of 1963, stipulating that the Constitution is supreme and that any law, whether federal or state, primary or secondary, enacted before or after Merdeka, which infringes the Constitution is void. Read the rest of this entry »

Print Friendly

5 Comments

Malays and Islam are not under attack in Malaysia. It is multi-racial, multi-religious and multi-cultural Malaysia which is under siege by intolerant and extremist forces which are trying to turn moderation into a dirty word in Malaysia

It is the supreme irony of ironies.

While the government continues to propagate the Prime Minister, Datuk Seri Najib Razak’s initiative of a Global Movement of Moderates, this time at the Asia-Pacific Economic Co-operation (APEC) Summit currently being held in Beijing, Najib had never been so weak and impotent at home to check the forces of hatred, intolerance and extremism rearing their ugly heads.

On the day that Bernama reported that the Prime Minister’s Global Movement of Moderates (GMM) proposal had received praise from the APEC foreign ministers meeting in Beijing before the 22nd APEC Summit, an ex-UMNO Minister had opened fire on Najib’s GMM initiative, claiming that Christian fanatics in Malaysia had seized on Najib’s concept of moderation and exploited it for their own interests.

Former Information Minister Tan Sri Zainuddin Maiddin claimed that the Malays and Islam were under pressure due to the concept of moderation, asserting that there were signs the concept was on the wrong track.

He cited with approval a recent statement by Johor Umno youth vice-chief Khairul Anwar Rahmat, who said that moderation was unsuitable for certain issues, claiming that it reflected the thoughts and opinions of the Umno grassroots.
Read the rest of this entry »

Print Friendly

13 Comments

BN SC meeting last night a great disappointment as the non-Umno parties dare not demand an end to AG’s double standards in prosecution, puny anti-corruption efforts even losing out to Indonesia and postponement of GST implementation

The Barisan Nasional Supreme Council held one of its rare meetings last night, but it was a great disappointment as the non-Umno parties, whether MCA, Gerakan, MIC or from Sabah and Sarawak, dare not demand that the Barisan Nasional government should take a clear stand on various controversial issues which have disturbed rational and patriotic Malaysians, including an end to the Attorney-General’s double standard in prosecution, puny anti-corruption efforts with Malaysia even losing out to Indonesia and the postponement of GST implementation in April next year.

It is clear that there is no institutional or operational change in the character of the BN Supreme Council after the 13th General Election, with the BN Supreme Council continuing to be a platform for the exposition of UMNO political hegemony in BN, with the role of all the leaders of the other 13 BN component parties restricted merely to hear and obey what the UMNO “Big Brother” has decided instead of being a meaningful forum where common Barisan Nasional government policies are thrashed out from the input and consensus of all the BN component parties. Read the rest of this entry »

Print Friendly

4 Comments

Again, Putrajaya shows its bark is worse than its bite

COMMENTARY BY THE MALAYSIAN INSIDER
31 October 2014

In most countries, civil servants who do not obey cabinet directives are disciplined. But in Malaysia, cabinet ministers have to appeal or cajole civil servants to follow government directives or the law.

The latest is the Royal Malaysian Customs Department’s move to seize some 300 Christian CDs and books containing the word Allah from Sabahan pastor Maklin Masiau in klia2 last week.

Masiau’s case is not the first, and is most likely not the last despite assurances from Putrajaya that it respects the religious rights of all Malaysians under the Federal Constitution. Read the rest of this entry »

Print Friendly

6 Comments

Gani Patail – what has happened to your Sept 9 promise to review the spate of sedition charges?

The Attorney-General Tan Sri Abdul Gani Patail’s recent explanations have only reinforced public opinion that he has abused his discretionary powers and guilty of double standards in not prosecuting Perkasa President Ibrahim Ali for his threat to burn the Bible while going on a spree with blitzkrieg of sedition prosecutions against Pakatan Rakyat leaders, activists and intellectuals.

Datuk Stanley Isaac, who was formerly head of prosecution in the Attorney-General’s Chambers, said Gani’s reasoning that Ibrahim’s threat had no seditious tendency and that Ibrahim had “no intention to offend or provoke” are “flawed in law” and had not allayed public discontent over the AG’s decisions.

Isaac said it “boggled” “his mind how the AG could excuse Ibrahim on grounds of his good intention when the law says otherwise and that it also “boggled” his mind how burning the bible would defend the sanctity of Islam.
Read the rest of this entry »

Print Friendly

2 Comments

Speaking about context, what about other sedition cases?

COMMENTARY BY THE MALAYSIAN INSIDER
27 October 2014

Context, the Attorney-General Chambers said today, was the important ingredient to consider when deciding whether Datuk Ibrahim Ali committed sedition when he threatened to burn bibles that contained the word “Allah” last year.

“As decided by the court, before a statement is said to have seditious tendencies, the statement must be viewed in the context it was made …

“When studied in its entire context, Datuk Ibrahim’s statement is not categorised as having seditious tendencies.

“It was clear Datuk Ibrahim Ali had no intention to create religious tensions, but was only defending the purity of Islam‎,” the AGC said, noting the Perkasa chief also said: “This is not a sentiment or (an attempt) to provoke religious tensions, but to defend the purity of Islam which is clearly (stated) in the laws.”

“He also did not commit any offence under Section 298 or 298A of the Penal Code as he was clearly defending the purity of Islam.”

Right. So the context is this, Ibrahim was not charged because he said he was not attempting to provoke religious tensions but was defending the purity of Islam.

Well, to put it in context, that is a half-baked explanation by the AGC, a comment after the fact.

In any court, this type of mitigation would have been laughed at. Read the rest of this entry »

Print Friendly

3 Comments