Archive for category Parliament
Nancy is right that Cabinet cannot decide prosecutions for AG but wrong when she implied Cabinet is impotent or must accept an AG guilty of selective or malicious prosecution
Minister in the Prime Minister’s Department, Nancy Shukri is right when she said today that the Cabinet could not make decisions on charges against Perkasa President Ibrahim Ali as this would be tantamount to meddling in the prosecutorial discretion of the Attorney-General stipulated in the Constitution.
But Nancy is wrong when she implied that the Cabinet is impotent or must accept an Attorney-General who is guilty of selective or malicious prosecution, like the failure to prosecute Perkasa President Ibrahim Ali despite his threat to burn the Malay-language Bible or the “white terror” regime of sedition blitzkrieg since the beginning of this year to investigate or prosecute some 40 Pakatan Rakyat leaders, social activists, academicians and members of the press under the Sedition Act and other laws for the most legitimate and inoffensive expression of views.
While the Cabinet cannot interfere with the Attorney-General’s prosecutorial discretion under Article 145(3) of the Constitution, Cabinet Ministers, in particular the Prime Minister and the Minister vested with the powers of de facto Law Minister, cannot be indifferent to prevalent public opinion that the Attorney General was responsible for grave miscarriage of justice, whether in the failure to prosecute Ibrahim Ali for his threat to burn the Malay-language Bible threatening the very fabric of Malaysia’s multi-racial and multi-religious society or had violated the larger policy objective of the Prime Minister and the Cabinet to make Malaysia “the best democracy of the world” with the mass dragnet of sedition investigations and prosecutions.
Or is the Cabinet now claiming that the pledge to make Malaysia the world’s best democracy is the personal and individual promise of the Prime Minister, and that he had no mandate to make it on behalf of the Cabinet or Malaysian Government? Read the rest of this entry »
To end Nancy’s agony, the Cabinet tomorrow should (i) reaffirm Najib’s pledge to repeal the Sedition Act and (ii) drop all sedition charges in court
For the past ten days, the Minister in the Prime Minister’s Department Nancy Shukri has been at the receiving end of national brickbats, scorn and even opprobrium for her outrageous parliamentary answer to the Penang Chief Minister and Bagan MP Lim Guan Eng that Perkasa President Datuk Ibrahim Ali was not prosecuted for his threat to burn the Malay-language Bible as Ibrahim was defending the sanctity of Islam.
Nancy added fuel to the national firestorm ignited by her answer when she ill-advisedly sought to clarify later with an even more outrageous justification – that Ibrahim’s action was protected by Article 11(4) of the Malaysian Constitution.
These are undoubtedly the worst ten days in Nancy’s political life.
To end Nancy’s agony and ordeal, the Cabinet tomorrow should step in with two decisions, firstly to reaffirm the pledge given by the Prime Minister Datuk Seri Najib Razak in 2012 to repeal the colonial Sedition Act; and secondly, to drop all sedition charges and prosecutions currently in court. Read the rest of this entry »
By Kee Thuan Chye
12 Oct 2014
De facto law minister Nancy Shukri is being bombarded left, right and centre for her written reply in Parliament to the question of why Perkasa President Ibrahim Ali has not been charged for his alleged threat last year to burn Malay-language Bibles. And she deserves it.
She has tried to cover up her blunder by insisting that she was not defending Ibrahim Ali’s act and that her critics got her wrong for saying she was. I agree she wasn’t. I agree some of her critics, like Gerakan Youth chief Tan Keng Liang, misread her reply – because, as she has claimed, she was merely conveying a justification handed to her by the Attorney-General’s Chambers without herself subscribing to it. She never said in her parliamentary reply that it was all right to burn Bibles to defend Islam. That is true.
Nonetheless, she can’t get away with not facing up to her responsibility. Her passing of the buck to the A-G’s Chambers is not acceptable as an excuse for not doing her job right, which amounts to not doing her homework and not thinking before acting.
In fact, her admission of conveying only what the A-G’s Chambers told her actually makes her look worse. It clearly shows that she was merely acting as a messenger instead of doing her job as a minister. Read the rest of this entry »
Nancy Shukri should avail herself of making a Ministerial statement in Parliament to rectify two major errors she committed in Parliament last week
The Minister in the Prime Minister’s Department, Nancy Shukri, should avail herself of the opportunity of making a Ministerial statement in Parliament to rectify two major errors she committed in Parliament last week.
She committed the first mistake on the first day of Parliament on Tuesday, 7th October, when answering the question by the Parliamentary Opposition Leader, Datuk Seri Anwar Ibrahim who asked the Prime Minister whether the government’s use of the law against Pakatan Rakyat leaders, activists and intellectuals was in line with the prime minister’s commitment to make Malaysia more democratic.
Defending the blitz of sedition prosecutions and the “white terror” launched by the authorities in the past few months, Nancy claimed that the Malaysian government practises and upholds the doctrine of the separation of powers and as such the government does not interfere in the Attorney-General’s Chambers affairs.
Here, Nancy made the grave error about the doctrine of separation of powers, as the Attorney-General is part of the executive and not the judiciary in the doctrine of separation of powers among the Executive, the Legislature and the Judiciary. Read the rest of this entry »
Najib’s 2015 Budget overshadowed by outrageous parliamentary replies and blatant government double standards in past three days
The Prime Minister, Datuk Seri Najib Razak would not have expected that his 2015 Budget to be presented in Parliament at 4 pm today would have been overshadowed by outrageous parliamentary replies of his Ministers and blatant government double standards in the past three days.
The reply by the Minister in the Prime Minister’s Department, Nancy Shukri to the Penang Chief Minister and DAP MP for Bagan, Lim Guan Eng, on the first day of the current 28-day Budget Parliament on Tuesday must take the cake for being the most outrageous parliamentary statement in the five-year Najib premiership making even the most affable bristle at the cynical contempt for what is right and wrong.
Nancy said in her reply that no action would be taken on Perkasa chief Ibrahim Ali over his threat to burn the Malay-language bible as he was “only defending the sanctity of Islam”.
Nancy did not do herself any favours when she said yesterday that the Attorney-General’s Chambers decided not to prosecute Ibrahim under the Sedition Act because his threat to burn copies of the Bible with the term “Allah” was in line with the federal constitution.
It is time the Attorney-General, Tan Sri Gani Patail surfaces and explain where in the Federal Constitution does it give protection and immunity to Ibrahim to utter threat to burn copies of the Bible with the term Allah. Read the rest of this entry »
Is Najib Razak the Prime Minister of a two-headed government – whose PM wants Malaysia to be the world “best democracy” but whose AG’s sedition spree aims to make Malaysia the world’s “worst democracy”?
Is Datuk Seri Najib Razak the Prime Minister of a two-headed government – whose Prime Minister wants Malaysia to be the world’s “best democracy” but whose Attorney-General’s recent sedition spree of selective and malicious prosecutions aims to make Malaysia the world’s “worst democracy”.
This question automatically arises from the parliamentary answer today on the recent sedition blitz by the Parliamentary Opposition Leader, Datuk Seri Anwar Ibrahim who asked the Prime Minister whether the government’s use of the law against Pakatan Rakyat leaders, activists and intellectuals was in line with the prime minister’s commitment to make Malaysia more democratic.
Answering during Parliament’s Question Time, the Minister in the Prime Minister’s Department Nancy Shukri defended the spate of sedition prosecutions, claiming that the Malaysian government practises and upholds the doctrine of the separation of powers and as such the government does not interfere in the Attorney-General’s Chambers affairs.
Nancy is very mixed-up as she has made a fatal error about the doctrine of separation of powers, as the Attorney-General is part of the executive and not the judiciary in the doctrine of separation of powers among the Executive, the Legislature and the Judiciary.
The doctrine of separation of powers is totally irrelevant and does not apply in the blitzkrieg of sedition prosecutions – which is an executive action and not an action of the judiciary. Read the rest of this entry »
Najib should move a motion when Parliament meets on Oct. 7 to condemn in unambiguous and unconditional terms the extremism, violence and barbarism of ISIS
I commend the Prime Minister, Datuk Seri Najib Razak for his speech at the United Nations General Assembly unambiguously and unconditionally denouncing ISIS and his call on the global community to defeat violent extremism and religious intolerance.
In his speech, Najib condemned the violent extremists that have declared an Islamic state in Syria and Iraq, and destroyed lives and communities and destabilised fragile nations and threatened regional security.
Najib said: “They challenge the very notion of the state. They call our youth with the siren song of illegitimate jihad. And they demand all Muslims swear allegiance to their so-called caliph. That demand will never be met.
“We reject this so-called Islamic State. We reject this state defined by extremism. And we condemn the violence being committed in the name of Islam.
“Around the world, Muslims have watched in despair as our religion – a religion of peace – has been used to justify atrocities. We have turned away in horror at the crucifixions and the beheadings. We have mourned the sons who have been stolen, and the daughters sold.
“We know that the threat to world peace and security is not Islam, but extremism: intolerant, violent and militant extremism. The actions of these militants are beyond conscience and belief. They violate the teachings of Islam, the example set by the Prophet Muhammad, and the principles of Islamic law.”
Four days ago, I had given at least three reasons why Najib Razak should unambiguously and unconditionally denounce ISIS in his United Nations General Assembly speech yesterday, viz: Read the rest of this entry »
The flurry of arbitrary arrests and selective prosecution of Pakatan Rakyat leaders, including Members of Parliament and State Assemblymen, in the run-up to the 57th Merdeka celebrations on August 31, mark the advent of a new despotism in the Malaysian political landscape.
Today alone, PKR vice president and MP for Pandan Rafizi Ramli and PKR MP for Padang Serai N. Surendran were in court to face criminal charges, the former for the new-fangled accusation of “defamatory and provocative” statements against Umno members under Section 504 of the Penal Code and the latter a second charge of sedition within 10 days in connection with the Court of Appeal’s ruling that reversed Datuk Seri Anwar Ibrahim’s acquittal in his second sodomy trial.
The last ten days have seen another PR MP and two State Assemblymen hauled to court with PAS MP for Shah Alam Khalid Samad and DAP Penang State Assemblyman for Seri Delima R.S.N. Rayer charged for sedition and the PAS Perak State Assemblyman for Changkat Jering Datuk Seri Nizar Jamaluddin charged with criminal defamation of Prime Minister Datuk Seri Najib Razak.
Other PR MPs who are facing trial for sedition include DAP MP for Seputeh Teresa Kok and PKR MP for Batu Tian Chua.
If the Barisan Nasional government gets it ways to secure not only conviction but also a disqualifying sentence of either fine of over RM2,000 or one year’s jail, it would mean five parliamentary by-elections, namely Seputeh, Batu, Pandan, Padang Serai and Shah Alam and two State Assembly by-elections, viz Seri Delima in Penang and Changkat Jering in Perak.
If we include the possibility of a by-election in Permatang Pauh if Anwar fails in his appeal at the Federal Court on October 28 and 29, then we are looking at the likelihood of six parliamentary and two state assembly by-elections as a result of the recent spate of arrests and prosecution of PR leaders. Read the rest of this entry »
After Karpal’s sedition conviction, IGP Khalid wants my “scalp”, knock me out of Parliament and even jailed for sedition?
The Inspector-General of Police, Tan Sri Khalid Abu Bakar, probably hopes to get the second scalp of a DAP leader to be jailed and be disqualified and knocked out of Parliament for conviction of sedition – targeting me after Karpal Singh’s most unwarranted conviction for sedition and RM4,000 fine which would have ejected Karpal from Parliament if he is still alive and his appeal against conviction or sentence had not been overturned.
I was surprised when I first learned that the Police was coming after me under the Sedition Act, although I was nonplussed as to what seditious statement I had made to warrant a police investigation against me under the Sedition Act – especially when the Police had been infamously passive and notoriously inactive when there had been a crescendo of seditious utterances and threats by extremist individuals and NGOs inciting racial and religious hatred, including May 13 threats about racial riots uttered at least thrice this year alone!
Malaysians must commend the Malaysian Police for having the outstanding qualities not to be found in other police forces in the world, i.e. its enormous ability to turn the blind eye to flagrant criminality right in their faces when committed by certain privileged groups of people but extraordinary ability to discern crime or sedition when they don’t exist when another targeted group of people is involved!
In a buka puasa event last night, Khalid announced that the police will record a statement from me for my recent comment on the fifth death anniversary of Teoh Beng Hock (TBH) that Beng Hock had been murdered and that the killers are still at large. Read the rest of this entry »
KOMENTAR THE MALAYSIAN INSIDER
20 July 2014
Penggubal undang-undang di Malaysia dari kedua belah pihak akan berpeluang pada Rabu ini membincangkan dan mengutuk serangan peluru berpandu yang meletupkan kapal terbang MAS MH17 bersama 298 penumpangnya Khamis lalu.
Amat berbesar hati apabila ahli politik sudi mengenepikan perbalahan mereka dan bersatu menentang sesuatu yang boleh dikatakan pembunuhan beramai-ramai manusia tidak berdosa di zon perang Ukraine. Tetapi bagaimana pula dengan pesawat MH370?
Sementara Malaysia menumpukan kepada tragedi kedua menimpa negara dan syarikat penerbangan negara Malaysia Airlines dalam jarak tempoh empat bulan, adakah kita lupa tragedi pertama itu masih menjadi misteri hingga sekarang?
Kita akan jadi sebuah negara yang lalai kiranya kita buang jauh MH370 dari ingatan hanya kerana pesawat Boeing 777-200ER dengan nombor pendaftaran 9M-MRO bersama 239 penumpangnya itu tidak dapat dijejaki. Read the rest of this entry »
COMMENTARY BY THE MALAYSIAN INSIDER
20 July 2014
Malaysian lawmakers from both sides of the political divide will have a chance this coming Wednesday to discuss and condemn the missile attack that blew flight MH17 with 298 people on board out of the sky last Thursday.
It is heartening that the politicians are leaving aside their quarrel to unite against what is essentially a massacre of innocent people over the Ukrainian war zone. But what about flight MH370?
While Malaysia focuses on the second tragedy for the country and flag carrier Malaysia Airlines in four months, are we forgetting about the first one that still remains a mystery until today.
We would be remiss as a country if we file away MH370 to some distant memory just because there is no trace of the Boeing 777-200ER and the 239 people on board. Read the rest of this entry »
Emergency Parliament on Wednesday should have two separate motions to discuss not only Thursday’s MH 17 disaster which costs 298 lives but also the MH 370 disappearance 133 days ago with 239 lives on board
Members of Parliament have received the notice for an emergency meeting of Parliament on Wednesday, 17th July 2014, by the Parliament Secretary Datuk Roosme binti Hamzah by email timed 5.40 am to debate the MH 17 tragedy.
Malaysians are still reeling from the unspeakable and indescribable horror of a second air disaster in less than five months to hit the country and the national airline Malaysian Airlines, claiming a total of 537 lives from over 10 different countries.
There are great differences between the MH 370 disaster of March 8 with 239 passengers and crew on board and the MH 17 disaster of July 17 with 298 passengers and crew on board, firstly, the latter is an atrocious crime against humanity representing inexcusable and unpardonable war crimes while the cause of the latter remains a great mystery despite the largest and longest (and continuing) multi-national land, sea and under-sea search in history; and secondly, the bereaved families, relative and friends of the victims of the MH 17 disaster can have closure although still demanding for justice against the perpetrators of the crimes against humanity in downing the civilian aircraft from the skies while the bereaved families, relatives and friends of the victims of MH 370 disaster are still looking for a closure, as the announcement by the Prime Minister on March 24 that the Malaysian airline “ended it journey in the South Indian Ocean” proved to be “a closure without closure”. Read the rest of this entry »
Six months ago, it was reported that the Prime Minister, Datuk Seri Najib Razak had directed mandatory media training for his ministers to speak sensibly and to prevent missteps that have made his administration the laughing stock among Malaysians.
At that time, the country had periodically been rocked by “foolish” remarks by Ministers which spawned Internet memes and jokes detrimental to Putrajaya’s image, like:
• Minister for Domestic Trade, Co-operatives and Consumerism Datuk Seri Hasan Malek who wanted the people to be thankful for having “sincere” leaders who “prioritise people’s needs above all else” in response to the people’s unhappiness at subsidy cuts and price hikes;
• Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor who made insensitive responses to the complaints of property owners in Kuala Lumpur to the hike in assessment rate;
• Minister in the Prime Minister’s Department Datuk Seri Abdul Wahid Omar offering advice to the people to stop eating chicken if the prices were too high and to use alternative roads if they did not want to pay toll on highways, when he spoke of impending hike in toll rates;
• Deputy Prime Minister and Education Minister Tan Sri Muyiddin Yassin telling the Education World Forum 2014 in London that education should produce a “global citizen” mentality after his infamous and never retracted announcement that he was “Malay first, Malaysian second”;
• Even the Prime Minister, Datuk Seri Najib Razak himself with his “kangkung” and “RM1 chicken” gaffes.
Another fatal defect in Speaker Pandikar’s ruling that Malaysia is not a secular state was his sole reliance on Jamil Khir’s explanation and failure to canvass all views in Parliament on the controversial subject, including those from non-UMNO Ministers/MPs from BN
Yesterday I said that Tan Sri Pandikar Amin Mulia had exceeded his powers and functions as Speaker of Parliament when he passed judgment on the Malaysian Constitution ruling that Malaysia is not a secular state.
This is because it is not the role or function of the Speaker of Parliament to interpret the Constitution and make a Constitutional ruling which becomes an authority quoted by all and sundry as the law of the land.
Although Pandikar has limited his interpretation to “merely for the purposes of this House” and not an opinion to be “an authority” in the country, there is no doubt that it would be quoted by various quarters as an “authority” both inside and outside Parliament to justify the arbitrary, dubious and controversial stand that Malaysia is not a secular state.
Another fatal defect in Pandikar’s ruling that Malaysia is not a secular state was his sole reliance on the explanation by the Minister in the Prime Minister’s Department, Datuk Jamil Khir Baharom and his failure to canvass all views in Parliament on the controversial subject, including those from non-UMNO Ministers and MPs from Barisan Nasional.
As the DAP MP for Bandar Kuching, Chong Chieng Jen had tried to point out in Parliament after Pandikar’s ruling yesterday, as far as Sarawak and Sabah were concerned with regard to the formation of Malaysia in 1963, Jamil was very wrong to say that Malaysia is not a secular state “berdasarkan kepada fakta sejarah yang menunjukkan bahawa Malaysia telah ditubuhkan berasaskan Kerajaan Islam Kesultanan Melayu dan Raja Raja Melayu merupakan Ketua Agama bagi negeri masing masing” – as both Sarawak and Sabah (and Singapore, which was a party to the Malaysia Agreement 1963) did not have a history of Malay Rulers. Read the rest of this entry »
Pandikar exceeded his powers and functions when he passed judgment on the Malaysian Constitution ruling that Malaysia is not a secular state
Tan Sri Pandikar Amin Mulia exceeded his powers and functions as Speaker of Parliament when he passed judgment on the Malaysian Constitution ruling that Malaysia is not a secular state.
Can the Speaker of Parliament interpret the Constitution and make a Constitutional ruling which becomes an authority quoted by all and sundry as the law of the land?
Of course not, and to be fair to Pandikar, he is fully aware of this, which is why he qualified what he said in Parliament as only his interpretation “merely for the purposes of this House” and not an opinion to be “an authority” in the country.
However, such caveat by Pandikar will not prevent his “ruling” from being quoted by various quarters as an “authority” or even used by Ministers in future parliamentary meetings to justify their arbitrary, dubious and controversial stand that Malaysia is not a secular state.
Furthermore, it is not within the province of the powers and functions for a Speaker to give his interpretation or ruling on a “hot potato” issue as to whether Malaysia is (i) secular; (ii) not secular; or (iii) Islamic state.
Pandikar should have decided on the issue before him, whether to refer the Minister in the Prime Minister’s Department, Datuk Jamil Khir Baharom to the Committee of Privileges without wading into this political minefield. Read the rest of this entry »
by Elizabeth Zachariah
The Malaysian Insider
17 June 2014
DAP wants Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom to be referred to the Rights and Privileges Committee for his claim in Parliament yesterday that Malaysia was not a secular state.
Oscar Ling Chai Yew (DAP-Sibu) filed a motion under Standing Order 36(12) to refer Jamil to the committee for allegedly confusing the House.
Speaking to reporters later, Ling said Speaker Tan Sri Pandikar Amin Mulia has agreed to call Jamil Khir for an explanation.
In his written reply to Ling, Jamil said the formation of Malaysia was based on the Islamic administration of the Malay sultanates and that the Malay sultans were heads of Islam in their respective states.
“This was reinforced by Article 3 of the Federal Constitution which places Islam as the religion of the federation, though other religions can be practised peacefully anywhere within the federation,” he said in the reply.
DAP adviser Lim Kit Siang, who was also present today, said the first three prime ministers – Tunku Abdul Rahman, Tun Abdul Razak and Tun Hussein Onn – would have been “horrified” with Jamil’s answer.
“They would have been completely horrified by the answer as it is completely against their understanding of the foundation of the country. Read the rest of this entry »
by Himanshu Bhatt,Sangeetha Amarthalingam and Tarani Palani
May 25, 2014
GEORGE TOWN (May 25): The DAP’s Ramkarpal Singh made his political debut in style by winning the Bukit Gelugor by-election today by a thundering 37,659-vote majority, polling 81.7% more votes than his closest opponent.
Ramkarpal received 37,659 votes, while Parti Cinta Malaysia’s Datuk Huan Cheng Guan obtained 3,583 votes. Independents Mohamed Nabi Bux Mohd Sathar got 799 while Abu Backer Sidek Mohammd Zan obtained 225 votes. There were 542 spoilt votes.
This means all three of Ramkarpal’s opponents lost their deposits. The results were announced at 9.10pm by Returning Officer Capt (R) Anwar Yahaya at the Dewan Sri Pinang. Read the rest of this entry »
by Susan Loone
May 25, 2014
Newly-minted Bukit Gelugor parliamentarian Ramkarpal Singh has dedicated his victory to his late father Karpal Singh, the much-revered incumbent who died in a road crash last month.
Thanking his mother Gurmit Kaur, who stood by him today, he also paid gratitude to his siblings Jagdeep, Gobind, Mankarpal and Sangeet for supporting him through life.
“This is my maiden election and it was not an easy ride,” he said.
“If we had a higher voter turn out, our majority would be higher. If we look at the majority despite voter turn out, then it is a huge victory.”
Ramkarpal won with a whopping majority of 37,659 votes – or 89 percent of votes cast – about 4000 votes shy of Karpal’s mammoth majority in 2013. Read the rest of this entry »
BY ANISAH SHUKRY
The Malaysian Insider
MAY 25, 2014
The smear campaign against DAP’s Dyana Sofya Mohd Daud highlights the sexism endemic in Malaysian politics.
In Parliament, men outnumber women by almost 10 to one. A female representative, whether in Parliament or a state assembly, has to fight sexist perceptions of her marital status, looks and dress.
DAP vice-chairperson Teresa Kok said she once argued in Parliament for the rights of single mothers, only to be interrupted by an MP who reminded the Dewan Rakyat that she was unmarried.
“They said I was single, not qualified to make comments on the issue of single mothers. And being a single woman in the eyes of some Umno MPs is akin to being a second-class citizen. They run me down, treat my status as a joke,” the Seputeh MP told The Malaysian Insider. Read the rest of this entry »
BY BOO SU-LYN
The Malay Mail Online
MAY 25, 2014
TELUK INTAN, May 25 — In a country where only one out of 10 MPs is female, activist Datuk Ambiga Sreenevasan lauded Dyana Sofya Mohd Daud’s bold step forward into the murky political world dominated by men.
Ambiga, a former Malaysian Bar president turned activist, also decried the sexist attacks that the 26-year-old DAP aspirant has suffered in the Teluk Intan by-election campaign.
“As a woman, I’m happy to see more and more women coming up to fight the battle in the political arena,” Ambiga said at a DAP fundraising dinner here last night, attended by some 2,000 people.
“We are happy to see more women in Parliament,” added the former chief of election watchdog Bersih 2.0.
The 13th general election last year saw only 23 women being elected into the 222-seat Parliament.
The ruling Barisan Nasional (BN) coalition has 14 female federal lawmakers, while the opposition Pakatan Rakyat (PR) has nine, out of which the DAP has the most at four. Read the rest of this entry »