Archive for category Constitution
Pemimpin-pemimpin dan rakyat wajar melalui kursus sivik kenegaraan
Posted by Kit in Constitution, Elections on Friday, 10 February 2012
— Aspan Alias
The Malaysian Insider
Feb 10, 2012
10 FEB — Kita nampaknya mesti kembali kepada “basic” penubuhan negara kita. Itu sahaja caranya bagi kita untuk melihat negara kita kembali kepada asas penubuhannya dan cara pengendalian negara yang sebaik-baiknya. Sejak beberapa lama kita telah melihat negara kita dikendalikan dengan cara yang sudah asing dari apa yang sepatutnya kita lihat.
Kerajaan atau pada siapa yang bertanggungjawab, elok kembali kepada asas dan diadakan peruntukan khas bagi memberi rakyat kursus-kursus sivik semula. Kita wajar memberitahu yang negara kita ini adalah sebuah negara Persekutuan (Federation). Perjanjian Persekutuan ini dibuat pada bulan Februari 1948 dan pada masa itu ada sembilan negeri-negeri Bersekutu dan tidak Bersekutu telah menandatangani Perjanjian Persekutuan itu.
Selain dari itu dua buah negeri, iaitu Melaka dan Pulau Pinang, juga turut menyertai perjanjian itu untuk mewujudkan sebuah negara yang dinamakan Persekutuan Tanah Melayu. Rakyat harus diberitahu yang Persekutuan Tanah Melayu itu merupakan gantian kepada Malayan Union, anjuran Britain, yang cuba untuk menubuhkan sebuah kerajaan “unitary” yang tidak mempunyai kerajaan-kerajaan negeri dan menjadikan Kuala Lumpur sebagai Pusat Pentadbirannya dan kerajaan itu dinamakan Kerajaan Pusat.
Oleh kerana negara kita ini adalah sebuah Negara Persekutuan, pusat pentadbiran di Putrajaya itu adalah pusat pentadbiran Kerajaan Persekutuan, bukannya pusat pentadbiran Kerajaan Pusat. Diantara Kuala Lumpur dan Bangkok serta Jakarta ada perbezaannya. Kedua-dua Bangkok dan Jakarta misalnya, kedua-dua bandaraya itu menempatkan kerajaan Pusat kerana Thailand dan Indonesia itu adalah negara “unitary” yang tidak mempunyai negeri-negeri yang berdaulat didalamnya. Malaysia adalah seperti Amerika Syarikat dan Australia; iaitu berkerajaan Persekutuan dalam mana ada kerajaan-kerajaan negeri didalamnya. Read the rest of this entry »
Hassan Ali talking as if he got more than a screw loose in his head – impossible to get angry and outraged but only feelings of great pity at the gibberish pouring out from him
Posted by Kit in Constitution, DAP on Wednesday, 1 February 2012
Expelled PAS member and former Selangor state exco member Datuk Hassan Ali must have shocked his “masters” when he made the wildest and most preposterous of allegations in the first stop of his nationwide roadshow in Bangi yesterday, alleging that “once they take over Putrajaya”, DAP will merge Malaysia with Singapore into a republic and abolish Article 153 of the Federal Constitution and do away with Islamic enactments.
One should get outraged and incensed at lies and falsehoods, but when they are so far-fetched with Hassan Ali talking as if he has got more than a screw loose in his head, it is impossible to get angry and outraged but only feelings of great pity at the gibberish pouring out from him.
It is clearly an utter waste of time to try to reason with such a deranged person.
DAP however reserves the right to take all necessary legal action against such defamatory falsehoods, whether from Hassan personally or others spreading his defamatory falsehoods. Read the rest of this entry »
Najib and Muhyiddin should not be ignorant and contemptuous of Constitution and the law by exploiting the 3R cards of race, religion and Raja Melayu against DAP
Posted by Kit in Constitution, DAP, Muhyiddin Yassin, Najib Razak on Thursday, 26 January 2012
Last Saturday, when two young Malay professionals from Perak both of whom UiTM law graduates, Fairuz Azhan and Dyana Sofia announced joining the DAP, close on the heels of similar announcements by Hata Wahari, former President of National Union of Journalists (NUJ) and two wellknown bloggers Mohd Arif Sabri or known as Sokmongkok AK47 on the blogosphere and Aspan Alias, UMNO Youth leader Khairy Jamaluddin was sufficiently upset at Malays joining DAP as to come out with a public statement.
In the coming weeks, when more Malays, both young and old, join DAP in the struggle for a united, just, democratic and competitive Malaysia for all Malaysians, the Prime Minister and UMNO President, Datuk Seri Najib Razak and Deputy Prime Minister and Deputy UMNO President, Tan Sri Muhyiddin Yassin would be the next persons to be upset and shocked.
Let me inform the UMNO leaders that this is the tide of the times and no force in the world can stop more Malays joining up with other Malaysians from other ethnicities in DAP to build a common destiny as Malaysian citizens for future generations of Malaysians.
DAP has right from the beginning of our formation 46 years ago committed to the cause for all Malaysians, regardless of race, religion or region – the forerunner of the 1Malaysia policy promulgated by Najib when he became Prime Minister but which could not secure unanimous and unconditional support of his Cabinet and Barisan Nasional leadership after 33 months. Read the rest of this entry »
Judiciary still in winter of emasculation
Posted by Kit in Anwar Ibrahim, Constitution, Court, Judiciary on Thursday, 12 January 2012
— by Bob Teoh
The Malaysian Insider
Jan 12, 2012
JAN 12 — Let’s not be beguiled by Prime Minister Najib Razak’s claim of the judiciary’s independence following the High Court’s full acquittal and discharge of Anwar Ibrahim from the charge of sodomy. As succinctly put by an international civil liberties watchdog, the Opposition leader should not have been charged in the first place.
Anwar’s three trials over 20 years were simply an abuse of due process; nothing more than Umno’s dirty and sordid politics to rid itself of its arch nemesis involving all three prime ministers in a row.
Don’t be misled, a swallow doth not a summer maketh. We are still deep in the winter of an emasculated judiciary frozen since the Mahathir ice age. We need more evidence of courage and boldness from our judges before we can hope to thaw into a new spring.
But credit must be given to where it’s due. Recent judgments indicate some judges are willing to go into early retirement or be put into the cold storage by going the extra mile in their adjudication. The High Court’s judgment against the government in the Allah case is a case in point. There are a few others that are noteworthy. Read the rest of this entry »
Christians urged to rejoice in hope amid adversity
Posted by Kit in Constitution, Religion on Monday, 26 December 2011
Terence Netto | Dec 25, 2011
Malaysiakini
Catholic Bishop Dr Paul Tan Chee Eng called on Christians “to put two years of foreboding caused by corrosive doubt over their fidelity to constitution and country behind them and embrace the hope of change and national renewal.”
In a year-end message to Christians celebrating Christmas and New Year, the head of the Catholic Church in the Melaka-Johor diocese, said:
“Christmas is the season of hope which is why though Christians feel that their loyalty to the constitution and country has been unfairly questioned over the last two years, I pray their predisposition to hope will overcome the challenges posed by political demagogues and religious charlatans.”
The Jesuit-trained prelate has been vocal on issues affecting Christians in the year drawing to an end after his assumption of the presidency of the Catholic Bishops’ Conference of Malaysia on Jan 1, 2011.
Catholics number 927,000 in a Christian population that is slightly over 9% of Malaysia’s total of 27.5 million people.
Bishop Paul observed that the last two years have been particularly trying for Christians as, first, the Catholic Church was at odds with the authorities over the right to use the term ‘Allah’ in their Bahasa Malaysia publications; and, later, Christian groups were accused, on dubious grounds, of proselytising among Muslims and of working to dethrone Islam as the country’s official religion.
“The combined effect of the two issues has left Christians with the feeling that they are a sinister and alien presence in this country when the truth is more nearly that in the education, health, and welfare fields, their contributions have been and continue to be of great benefit to the nation,” said Bishop Paul Tan. Read the rest of this entry »
Najib’s “clarification” is proof that PAB is the worst and most slipshod bill in 54-year parliamentary history
Posted by Kit in Constitution, Human Rights, Najib Razak, Parliament on Monday, 28 November 2011
The Prime Minister, Datuk Seri Najib Razak’s last-minute clarification today of the Peaceful Assembly Bill (PAB) is testimony that the PAB is the worst and most slipshod bill ever drafted in the 54-year history of Malaysian Parliament as well as raising questions about Najib’s bona fides in political reforms and transformation.
Najib blamed Pakatan Rakyat (PR) for “confusing” the public with regard to the 30-day notification requirement.
He said:
“Actually the wording is within 30 days, it can be within five or 10 days but that word led to so much confusion so we decided that 10 days to be specific, so that there will be no doubts.” (The Malaysian Insider)
Najib said the previous 30 days’ notification did not mean a month’s notice was needed.
Najib’s ”clarification” is utterly ridiculous. In fact, Najib is presenting a sorry public spectacle of a Prime Minister who does not know what he is talking about, and even worse does not understand the content of the Bill he introduced in Parliament on Thursday though he described it as “revolutionary”. Read the rest of this entry »
Peaceful Assembly Bill – Najib has probably created world history in the speed with which a “revolutionary” bill becomes reactionary within 24 hrs as to require at least eight amendments
Posted by Kit in Constitution, Human Rights, Najib Razak, Parliament on Sunday, 27 November 2011
The Prime Minister, Datuk Seri Najib Razak has probably created world history in the speed with which a Bill which he described as “revolutionary” became reactionary within 24 hours as to require at least eight amendments.
On Thursday, Najib told Parliament that the Peaceful Assembly Bill was “revolutionary” and “a giant leap” in the political transformation of Malaysia. But in less than 24 hours, the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz was directed by the Prime Minister at Friday’s Cabinet meeting to review and amend the “revolutionary” Bill!
This is the latest proof of the haphazard, insincere and irresponsible manner in which Najib is trying to implement his “political transformation” programme – totally at variance with his pledge that under his premiership, the era of “government knows best” is over and that he would fully consult with all relevant stakeholders and the civil society on major reform measures for the country.
The amendments to the Peaceful Assembly Bill, primarily on and consequential to the reduction of the requirement of 30 days to 10 days for notification to the police for any assembly, are not acceptable to give approval to the Bill as they are not wide-ranging enough as there are also other provisions in the bill which strike at the constitutional rights to freedom of assembly. Read the rest of this entry »
I have been waiting for the revocation of the three Emergency Proclamations for the past 30 to 40 years
Posted by Kit in Constitution, Human Rights, Parliament, Police on Friday, 25 November 2011
I stand to support the motion by the Prime Minister, Datuk Seri Najib Razak to revoke the Emergency Proclamations of 1966, 1969 and 1977.
I have been waiting for the revocation for the past 30 to 40 years.
The Barisan Nasional MP for Tangga Batu Datuk Idris Haron who just spoke misled the House when he said that Barisan Nasional stands for consistency.
This is because the byword of Barisan Nasional and UMNO is not consistency, but inconsistency and hypocrisy, particularly on the issue before the House – the revocation of the Emergency Proclamations of 1966, 1969 and 1977.
On 28th and 29th June, 1979, my motion to repeal the four Proclamations of Emergency of 1964 (concerning the Indonesian Confrontation), 1966 (Sarawak political crisis), 1969 (May 13 Riots) and 1977 (Kelantan political crisis) was debated in Parliament for two days but all the Barisan Nasional MPs spoke and voted against it.
But today, all the Barisan and UMNO MPs are supporting the revocation of the Emergency Proclamations.
Who is being inconsistent? Read the rest of this entry »
Emergency Declarations Revoked after 45 years
Posted by Kit in Constitution, Parliament on Thursday, 24 November 2011
Let Parliamentary Select Committee review Peaceful Assembly Bill
Posted by Kit in Constitution, Human Rights, Parliament on Wednesday, 23 November 2011
By Proham | November 23, 2011
The Malaysian Insider
NOV 23 — Proham views with grave concern the proposed Bill on Peaceful Assembly fails to reflect the true spirit of human rights that is consistent with the Universal Declaration of Human Rights, the Federal Constitution and the promise of the Prime Minister to institute democratic reform.
However, Proham acknowledges that the proposed bill recognises the citizen’s right to organise an assembly or participate in an assembly peacefully, although it makes it very difficult in practice.
The withdrawal of the permit to assemble is welcomed and reflects the PM’s commitment to further democratic reforms. However this is substituted by a whole range of pre-conditions and prior approvals, and restrictive legal provisions , including strengthening the powers of the police, that will severely discourage and dissuade the freedom of peaceful assembly, which is a basic human right.
Read the rest of this entry »
Peaceful Assembly Bill 2011: Unconstitutional and anti-democratic
Posted by Kit in Constitution, Human Rights, Parliament on Wednesday, 23 November 2011
By Tommy Thomas | November 23, 2011
The Malaysian Insider
NOV 23 — Why is it always the case that the Malaysian government, in the guise of improving the freedoms of its citizen, enacts laws that actually erode liberties?
Since 1960 when the Emergency was revoked, only to be immediately replaced by the dreaded Internal Security Act, 1960 (“ISA”), successive governments have taken state action to the detriment of its people. The Peaceful Assembly Bill, 2011, which had its first reading in the Federal Parliament yesterday, is another example of such retrograde law making.
I cannot believe that after 54 years of Merdeka in the 11th year of the 21st century, the Executive has the audacity to present a Bill, which, in its own Explanatory Statement, describes it as “one of the efforts initiated by the government to undertake the transformation of the existing legal framework in relation to the constitutional rights of citizens to assemble”.
Read the rest of this entry »
Nazri talking through his hat!
Posted by Kit in Constitution, Human Rights, university on Saturday, 5 November 2011
By P. Ramakrishnan, Aliran’s President
4 Nov 2011
Nazri has given expression to the saying, “Talking through the hat!” That was what he was doing when he rather foolishly commented on the majority decision of the Court of Appeal which ruled in a landmark case that Section 15(5)(a) of the Universities and University Colleges Act was unconstitutional.
In spite of the Court of Appeal’s ruling, for the Minister of Law to insist that “it does not invalidate the Act” and to dismiss the Court’s decision as “an opinion in passing” is appalling and shocking, exposing his alarming ignorance of the judicial process.
Section 15(5)(a) has been invalidated as unconstitutional by the Court of Appeal ruling – which means that the provisions of that section are no longer applicable and cannot be enforced. That section, as a result of the Court’s decision, is void and invalid.
It is a binding decision and cannot be dismissed merely as “an opinion of the Court” without any consequence. Until and unless the Federal Court overturns or sets aside this ruling – thus upholding the High Court decision – no power on earth professing the democratic tradition can ignore this decision. It is as simple as that!
Read the rest of this entry »
Najib should announce full acceptance and no appeal against landmark Court of Appeal judgment striking down Section 15(5)(a) of UUCA as unconstitutional
Posted by Kit in Constitution, Court, Najib Razak, university on Tuesday, 1 November 2011
The Prime Minister, Datuk Seri Najib Razak, should announce full acceptance and no appeal against the landmark Court of Appeal judgment yesterday striking down Section 15(5)(a) of Universities and University Colleges Act (UUCA) as unconstitutional in violating the constitutional guarantee of freedom of speech.
This will be an early test of Najib’s political will, bona fides and commitment to initiate a sea change of democratization and political transformation which he had promised after the most adverse national and international reactions to the high-handed government crackdown of the July 9 Bersih 2.0 peaceful demonstration for free, fair and clean elections system – with the establishment of the Parliamentary Select Committee on the Electoral System, and the pledges of repeal of the draconian Internal Security Act as well as repeal or reform of the arsenal of repressive laws in the country including the Universities and University Colleges Act, the Police Act, the Printing Presses and Publications Act, the Sedition Act, etc.
Najib should know that all his promises of “democratization and political transformation” have evoked more cynicism, skepticism and disbelief than hope, expectation and belief – and this is because the Najib government has not demonstrated any change of mindset and mentality that the whole apparatus of government has been attuned and oriented to the new challenges of democratization and political transformation.
It is most refreshing and inspiring that the Court of Appeal, through Justice Hishamuddin Yunus and Justice Linton Albert, have spoken out courageously, loud and clear for human rights and the supremacy of the Constitution at this particular juncture.
Read the rest of this entry »
Ex-cop: Why is the gov’t afraid to act on Gani Patail?
Posted by Kit in Constitution, Law & Order, Najib Razak, Police on Thursday, 27 October 2011
Malaysiakini
Oct 27, 2011
A former senior police officer alleges that the Najib Abdul Razak administration is not willing to take action to form a tribunal against attorney-general Abdul Gani Patail for his alleged wrong-doings, following fears that it (the government) could also be similarly implicated in such crimes.
Mat Zain Ibrahim, in his open letter sent to Najib last week and made available to Malaysiakini today, claims that he briefed Najib in 2008 when he was still the deputy premier about Gani’s alleged misconduct.
In the open letter titled ‘Rule of Law government breaks its promises’, Mat Zain stated there is a public perception that Najib refuses to take action against Gani (right) because the premier feared the AG may expose some so-called secrets with regard to Altantuya Sharibuu or the Scorpene submarines purchase.
“I am of the opinion that YAB Datuk Seri and the government will do everything possible to avoid any criminal charges being preferred against Gani. The government is worried that should Gani be proven to have abused his powers for cheating or falsification/corruption, then simultaneously the government would then be guilty of having done the same thing since 1990.” Read the rest of this entry »
Mat Zain claims Najib knew of AG’s alleged wrongdoings
Posted by Kit in Constitution, Law & Order, Najib Razak, Police on Thursday, 27 October 2011
By Shannon Teoh
The Malaysian Insider
Oct 27, 2011
KUALA LUMPUR, Oct 27 — Datuk Seri Najib Razak said that Tan Sri Abdul Gani Patail should not have been involved in falsifying evidence in Datuk Seri Anwar Ibrahim’s 1998 “black eye” probe, a former senior policeman said today of his private meeting in October 2008 with the prime minister.
Datuk Mat Zain Ibrahim, who has led a one-man campaign to remove the Attorney-General (AG), said he had met Najib, who was then the deputy prime minister, to discuss his allegations against Abdul Gani (picture) and the then Inspector-General of Police Tan Sri Musa Hassan.
“Even though Gani’s intention might been to help the IGP (Tan Sri Rahim Noor), falsifying evidence is still wrong which he should not have done,” Mat Zain quoted Najib as telling him.
The former city criminal investigation chief also quoted Najib as saying “I got to know that (former IGP Tan Sri) Musa (Hassan)’s role was not as bad as Gani’s and I think he can get away with it.” Read the rest of this entry »
Malaysia’s battle royale
Posted by Kit in Constitution, Mariam Mokhtar, university on Saturday, 22 October 2011
Mariam Mokhtar | Oct 17, 2011
Malaysiakini
The cultural identity of modern Malaysia is like an artist’s palette, a colourful blend of people from different backgrounds, origins, traditions, culture and faiths. There is no denying that our rulers helped shaped the country’s social and historical development. They symbolise unity, pride and national identity.
But our royalty cannot escape living in a goldfish bowl.
If our public institutions are subject to modernisation, evaluation and reform, why can’t we discuss this particular institution – the royal institution?
Why are we perceived as enemies of the state just because we point out the obvious but unspoken facts? Why do intellectually challenged flunkies, who refuse to be dragged into the 21st century, prevent intelligent discourse about the Malay rulers?
Stopping healthy interaction will strain relationships between the rakyat and the monarchy. Hence, this discussion is long overdue.
The royalty cannot dispense with the scrutiny of a rakyat that exacts high standards from them. The royalty must learn to cope in a modern world where the feudal system, class distinctions and other forms of discrimination are outdated. Read the rest of this entry »
Judicial tribunal for AG and Ct of Appeal judge
Posted by Kit in Anwar Ibrahim, Budget Debate, Constitution, Good Governance, Judiciary, Law & Order, Parliament on Monday, 17 October 2011
b) Judicial tribunal into serious allegations of graft and abuse of power against Attorney-General Abdul Ghani Patail
In the past few months, many serious allegations of graft and abuse of power had been made against the Attorney-General Tan Sri Abdul Gani Patail notably by the former Kuala Lumpur CID Chief Mat Zain Ibrahim in a series of open letters, former MACC panel member Tan Sri Robert Phang and blogger Raja Petra Kamaruddin.
These allegations included falsifying facts and evidence in Opposition Leader Datuk Seri Anwar Ibrahim’s infamous “black eye” incident in 1998, the graft case against Shahidan Shafie and the judicial abuses in the Altantunya Shaaribuu murder trial.
Unless Gani Patail take legal action against these allegations, the Prime Minister should set up a tribunal to clear the name of the Attorney-General as these are very serious allegations which if unrebutted can only undermine public confidence in the professionalism, independence and integrity of the Attorney-General but also key national institutions, including the judiciary, the police and the MACC. Read the rest of this entry »
At variance with the Constitution
Posted by Kit in Constitution, Islam, Law & Order on Friday, 14 October 2011
REFLECTING ON THE LAW
By SHAD SALEEM FARUQI
Star
October 5, 2011
The clear intention of the 1957 Constitution was to allocate penal powers to the Federal Government and to confer on the states residual powers over minor syariah offences.
WHENEVER a general election appears to be around the corner, some people find it politically profitable to stoke the embers of controversy about the need for an Islamic state and its accompanying requisite – hudud laws – ie, laws relating to crimes, punishments and rights and duties that are mentioned in the Holy Quran.
Such a season of polemic is with us again and a few observations are in order.
First, it is a fact that since the 80s, many Muslims have been aspiring to give centrality to the Syariah in our legal system.
While this religious quest is understandable, its realisation requires massive legal reconstruction of the basic legal edifice.
We must be open-eyed about these changes and must accomplish them in accordance with, and not in disregard of, the constitutional charter.
Second, respecting the sensitivities and rights of other religious communities and living in peace and harmony with them under a system of just, fair and compassionate governance is also an important requirement of the Syariah.
Example of other Muslim countries where the hudud has been enforced and how hudud’s implementation has impacted on war, peace or social harmony needs to be thoroughly studied. Read the rest of this entry »
The Premier’s Mistake
Posted by Kit in Constitution, Crime, Law & Order on Monday, 10 October 2011
By Mat Zain bin Ibrahim
We all make mistakes. It’s only natural as human being, that we have our own weaknesses and that we get things wrong from time to time.
Prime Minister Dato Seri Mohd.Najib Tun Razak,like any other ordinary human being, naturally has weaknesses and do get many things wrong from time to time, albeit not ready to own-up to any of them.However, with due respect, I am of the opinion, that one of his greatest misjudgement was retaining Tan Sri Abdul Gani Patail as the Attorney General.
PM Najib knew all along, well before he assume the Premiership, that the AG have been proven to be involved in some criminal wrongdoings. Despite being warned, that retaining the AG would be an added liability to himself and a big risk to his administration, he chose to let the AG not only to remain in office, but gave the latter wider space.
I know for certain, that the PM was fully advised on this matter. The possibility of the PM not being able to fathom the seriousness of the issue should not arise at all.
Read the rest of this entry »
Hudud: Federal vs state legislative powers
Posted by Kit in Constitution, Islam, Parliament, PAS on Tuesday, 4 October 2011
Art Harun | October 04, 2011
The Malaysian Insider
OCT 4 — I have stated in my article, “Of wet dream, nightmare and Marty McFly” that the implementation of hudud is a Constitutional impossibility until and unless two-thirds of our Members of Parliament would vote to amend the Federal Constitution to allow it to happen. I also grimly stated in that article that the time when such Constitutional amendment is moved would be the first time when our Members of Parliament would vote solely or predominantly along racial and religious lines regardless of party policy or party whip.
The Bar Council has since issued a statement which basically echoes my opinion. Lim Chee Wee, the Bar Council’s President was quoted as saying:
“Hudud cannot be implemented within the current constitutional and legislative framework.”
My friend, the learned Professor Aziz Bari was reported to have disagreed with the Bar Council’s view. The learned Professor was quoted to say:
“The key here is Islam, not criminal law.”
The learned Professor pointed out that the Federal Constitution has set out the respective jurisdiction and powers of the Federal and State legislature. As the powers to legislate on matters pertaining to Islam rests with the State, he argued that the State, including Kelantan, may pass hudud laws accordingly. He also refuted that such a move would result in double jeopardy for Muslim wrongdoers as, in his words:
“In other words, two systems is not a problem and we are not the only country in the world where this duality prevails.”
I have the highest respect and regard for the learned Professor but I beg to differ on his opinion on this matter. Read the rest of this entry »
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