Can I sue the Malaysian goverment?


by Damien Thanam

Two weeks ago I heard from TV3 news and read in the papers how close we (Malaysia) are to the China and to prove this diplomatic brotherhood, the People’s Republic of China is ready to allow one of its state run bank to loan a generous RM850 million for the construction of the 2nd Penang Bridge..

It was a proud moment for the Chief Minister of Penang & our top leaders as they are very sure that they have secured that amount from the soon-to-be No. 1 country in the world if China’s economic growth is steady in its current up-trend momentum.

But the people of Malaysia will be in-debt with China for a long period with the announced so-called generous interest rate that is being given for this loan. As a Malaysian, I would like to ask my government in particular its fund managers i.e Prime Minister who is also the Finance Minister, Deputy Prime Minister, the Second Finance Minister, the Governor of Bank Negara and Inspector General of Audit –

*Why did the government waste RM400 million (actual amount unknown) for nothing to pay the developer of Gerbang Perdana after scrapping a project that was nearing completion?

*Is the government going pay an estimated RM500 million to the contractors of the scrapped incinerator plant in Broga too?

The above two settlements alone could avoid the Penang Bridge loan from China & with an additional RM50 million to be used to upgrade environmentally-friendly public transportation in the Northern region.

Wasn’t the cost of building the 2nd Penang Bridge included in 9th Malaysia plan, if yes, then why is the goverment taking a loan to build it? If not, why wasn’t it?

The government has also awarded (as far as I know) a USD7 billion plus, 300 kilometres oil-and-gas pipeline project to a company with a paid up capital of RM100,000.00 and posted a loss of 150% more than what the company was shown to be paid up for!

What will happen if the pipeline project gets scrapped, will Malaysia have to pay USD3.5 billion to this company for a project that it has not even laid a single brick for?

The fund managers of this country have shown that they are not in anyway qualified or worst, are stealing from the funds!!

I would like to know as a Malaysian, can I sue these fund managers or government of mine for mismanaging the income of this country and not being able to provide a decent explanation for the millions being paid out for stupid management & planning!!

Damien Thanam

  1. #1 by Billy on Tuesday, 24 July 2007 - 3:02 pm

    Damien,
    You have not included the RM4.5b we were supposed to have saved from the increase in petrol prices last year. We were told that it was supposed to have been used for infrastructural development and transportation. Isn’t the 2nd Penang Bridge part of the “infrastructural development” plan, or is it?

  2. #2 by Libra2 on Tuesday, 24 July 2007 - 3:09 pm

    The judge will come out with some mumbo jumbo to throw out your suit.
    When Evil rules supreme, what can the common do?
    The government, police, judiciary are ONE.
    You report whom to whom?

  3. #3 by xaviers on Tuesday, 24 July 2007 - 3:13 pm

    Don’t waste you time, it will never pass through the first hurdle.

    PM: “huh…i was not informed, I was not aware “

  4. #4 by amz1608 on Tuesday, 24 July 2007 - 3:14 pm

    Anyway, even if you sue the goventment ans succeed, u will only be taking government funds….which happen to be public money.

  5. #5 by sotong on Tuesday, 24 July 2007 - 3:17 pm

    Decades of gross financial incompetent.

    Nobody take full responsibity for the waste of the country and tax payers’ monies and politicians are shamelessly talking about helping poor and marginalised ordinary people.

  6. #6 by dawsheng on Tuesday, 24 July 2007 - 3:29 pm

    And Bank Negara said we are able to withstand any attack on KLSE…

  7. #7 by k1980 on Tuesday, 24 July 2007 - 3:33 pm

    //But the people of Malaysia will be in-debt with China for a long period //

    Never mind, let’s hope China will write off the debt as it did with several bankrupt African countries

  8. #8 by dawsheng on Tuesday, 24 July 2007 - 3:34 pm

    Well, forget about bringing the govt to court, the head of the country can just tell you “I don’t know”. Should there be any financial crisis hits our country this moment, Abdullah can stays on in Australia and needs not to make a trip back ever.

  9. #9 by ENDANGERED HORNBILL on Tuesday, 24 July 2007 - 3:40 pm

    Damien Thanam, just call that one of those ‘inscrutables’ of the Malaysian New Economic Policy, famously abbreviated ‘NEP’.
    By the way, please read:

    BERNAMA (Latest):

    “July 24, 2007 12:35 PM

    NEP Not Doing Anybody Any Harm, Says Tun M”

    For someone who could have made a difference but never did.
    For someone who screwed up the NEP big-time.
    For someone who could hve provided that leadership but never did.

    It’s too late Tun M to undo the damage. Yours is that water that had flowed by under the bridge that last 22 years. The stinking stench of your legacy lives on and lies in the mess that we see today…sleeping PM, ministerial corruption, police corruption, judicial corruption and all.

    All I can say is God bless your weary soul.

    I pray none of us Malaysians would need to borrow the phrase from RPK: ” See you in hell, M…..son of M…..”.

  10. #10 by ahkok1982 on Tuesday, 24 July 2007 - 3:50 pm

    There wont be anything done by the gov or judiciary or the people. You would have to wait maybe 10 – 15 years later when our country’s oil start to dry up, then the economy will plunge to rock bottom, when each person’s life is affected by the large change then only people will make noise. else, they will still bend over to get smacked over and over.
    well, people still have about 10 – 15 years to prepare themselves to leave a god forsaken place… just see how many are prepared by then.

  11. #11 by pwcheng on Tuesday, 24 July 2007 - 3:55 pm

    The last frontier of defence, ie the Judiciary is also under attack by UMNO as they are all obligated to their UMNO masters who call the shots for their promotions. The Legislative, Judiciary, and Executive are theoretically the pillars of our constitution with well defined seperation of powers, but in reality they are now all assimilated with the Executives calling the shots whenever the needs arise.

  12. #12 by John F. Kennedy on Tuesday, 24 July 2007 - 5:22 pm

    To answer your question, you cannot sue the Malaysian Government. You will not have locus standi. Ask Kit because when he did that on the North-South Highway Project, the court ruled that he had no locus (or standing in law).

    Even an MP cannot sue the Malaysian Government on a public project. That is why I sometimes think that the Malaysian judiciary authored its own downfall from grace.

    As for the monies paid and to be paid, they are for the cronies. Are you one of them? If not, you do not qualify.

    The soft loan for the 2ns Penang Bridge is nothing to the Chinese Government, especially now that they have a reserve totalling US$1.3 trillion. They have just taken out US$200 billion to invest.

    I seem to recall that long before China was able to command such reserves, China gave the Aswan Dam to Nasser’s Egypt as a gift. Yes, it was a gift with no strings attached, unlike the gifts that the US of A or Japan will give.

  13. #13 by Educator on Tuesday, 24 July 2007 - 6:24 pm

    Are you a lawyer? If so please try because no lawyer will take your case.
    Also, good luck if you get a judge who can’t write his judgment.

  14. #14 by undergrad2 on Tuesday, 24 July 2007 - 6:41 pm

    “I pray none of us Malaysians would need to borrow the phrase from RPK: ” See you in hell, M…..son of M…..”.

    I certainly do not want to see him in Hell, but I am sure I will not see him in Heaven.

  15. #15 by undergrad2 on Tuesday, 24 July 2007 - 6:57 pm

    “. The Legislative, Judiciary, and Executive are theoretically the pillars of our constitution with well defined seperation of powers…”

    Who appoints the judges and who can remove the Lord President? From whom do our magistrates get their marching orders after having completed their law studies? The Prime Minister of Malaysia is not elected by the people of Malaysia. The Prime Minister is not even elected to the post of the Prime Minister. Who appoints members of the Cabinet? Are they also not members of the country’s highest legislative assembly i.e. the country’s highest law making body.

    The concept of separation of powers is best understood in the context of the U.S. Presidential system.

    The U.S. President is directly elected by the people. The Senators are directly appointed by the people. Members of the U.S. House of Representatives are directly elected by the people.

    The U.S. President appoints the Supreme Court judges but once appointed have security of tenure and cannot be removed by the President.

    There is no clear separation of powers in the case of Malaysia. Hence there isn’t those ‘checks and balances’ needed to keep the government in check and in balance. We cannot call the government of Malaysia a government of the people, by the people and for the people, can we??

  16. #16 by undergrad2 on Tuesday, 24 July 2007 - 7:01 pm

    A small caveat: not all Supreme Court judges are appointed by the U.S. President, but once appointed he cannot later kick them out. No can do. Never can do.

  17. #17 by undergrad2 on Tuesday, 24 July 2007 - 7:13 pm

    …and one more thing, our Senators are all appointed by the Prime Minister and among them there have been a few who made their way to the country’s highest executive committee i,.e. the Cabinet and have achieved notoriety – like Farid Arrifin and Rafidah Azizah. They came by the back door and later stood in the GE in safe seats.

  18. #18 by democrate on Tuesday, 24 July 2007 - 7:29 pm

    • Samy: Heavy rains contributing to Parliament House roof leak
    Latest news from Star .
    If heavy rain contributed to parliament roof leak what about houses that Samy and all of us being staying in?
    To bring up global weather changes that contributed to floods in UK and US, tolong lah Samy please do not divert our attention from our own internal leakage ok? Solve your bloody problems and do remember that u had said that the last repaired for the Parliament can last for 150 years and now it leaks again.
    Samy u r a useless Mandor Thats All ! It is no more the Act Of God but its the Act OF Semi Value……. Po Ra… Samy!!

  19. #19 by silhouette on Tuesday, 24 July 2007 - 8:34 pm

    Mega projects are a mean to enrich those in power and their cronies. If the project fails to be completed, they will award huge compensations. Why? Its because they have already taken their share of the profit upfront. The same goes to the training center in London. Even when nothing was done, huge payment by the millions was still paid out. They are all sick people who have no qualms about pocketing other peoples money.

  20. #20 by smeagroo on Tuesday, 24 July 2007 - 9:47 pm

    Is lam “limit day” to u lo courtesy of our great leader.

  21. #21 by RealWorld on Tuesday, 24 July 2007 - 10:03 pm

    Guys, I hear all your whingeings and rantings. Dont worry, I believe the GE is just round the corner. We as the rakyat will have that option to decide.

  22. #22 by burn on Tuesday, 24 July 2007 - 10:21 pm

    nak sue… tak payahlah! buang duit. sure kalah!
    lebih baik, next election, vote DAP!

  23. #23 by ddivean on Wednesday, 25 July 2007 - 12:37 am

    I’m not just vebting anger or frustration here, I would really like advise on how to go about saving my country from the currently hopeless government and the best way I can think of is to stop people who have been wasting by taking them to court as a Malaysian. Win or loose it doesn’t matter but I want send a message to the top that stupid and actions like what has happend will not be tolerated. They can stay in their post and rot but dont waste my country’s $$ with you risky gambling !!

  24. #24 by undergrad2 on Wednesday, 25 July 2007 - 1:21 am

    “Can I sue the Malaysian goverment?” Damien Thanam

    Sure – if you have a leg to stand on. In legal speak it is referred to as ‘locus standi’. No, that locust.

  25. #25 by Toyol on Wednesday, 25 July 2007 - 8:42 am

    Don’t waste time…even if you could sue, all of us won’t be around to hear the verdict anyway. Better to use the ballot boxes.

  26. #26 by accountability on Wednesday, 25 July 2007 - 9:58 am

    if the bn racists (especially umno) can get away with inciting racial and religious hatred, what makes u think u can sue them successfully?

    and if u win, it’s our same tax dollars that will pay for their incompetence anyway (just think of bukit cahaya and petaling jaya)

    it’s time we vote for a new govt to make a difference

  27. #27 by Godfather on Wednesday, 25 July 2007 - 11:33 am

    Yes, you can sue the government – but only if the judges have the [email protected] to grant you locus standi. For me, it is a clear issue – theft or misuse of public funds gives locus standi to any taxpayer. The judiciary is worried that allowing such an action will result in thousands of lawsuits filed on similar grounds – but that’s exactly what we need to keep the thieves in check. Unfortunately, ever since Salleh Abbas was removed by Mahathir, the judiciary is never the same again.

    We need to start with regime change – then we can start with revamping the judiciary into a more public-minded body and not one that is clearly in cahoots with the legislative.

  28. #28 by AhPek on Wednesday, 25 July 2007 - 1:54 pm

    damien, you must be kidding to pose the question “can i sue the malaysian government?”. where can you find an independent judiciary in the first place?that man has done such a good job in his 22 years of administration that even in your wildest dream you won’t find the sleeping pm wanting to dismantle such goodies.precisely because of this one finds that excesses are carried in this country with such shamelessness equal only to those acts carried out in banana republics like mugabe’s zimbabwe.
    in many ways we deserve this government for we have voted them in time after time in spite of corruption,racism,fanatism carried out with such impunity.look at the negroes of america, their lot in life is far worse in the cotton field of america.the whites at that time would not hesitate to kick them or rape their woman for they think its their goddamn right to do so if they so wish.now look at them. with at most 5% of america’s population they have such a great say in how america should be governed.only 1 reason can be found-they have exerted their stand as rightful citizen of america.

  29. #29 by Daniel Quah on Wednesday, 25 July 2007 - 2:53 pm

    yearly you pay taxes…and they use your money to enrich their Umno Member…if you dont pay they arrest you..what can we do? VOTE those lame politician OUT …Penang should be good place to start…

    1st. Losing in Penang will send warning signal to MCA, Gerakan and MIC…we are not stupid…we know what u did..

    2nd. we will see how UMNO treat all of them when they lose..sure racial critic will arise..and those UMNO will suggest next Chief Minister to be UMNO member instead of Gerakan..Greedy always arise when UMNO see the opportunity…

    3rd…I lives in Penang..i see Penang is the MOST Malaysia culture ..no racial issue, no politic, everyone doing their part…WITHOUT UMNO …

    DAP should focus on Penang… they are using MCA and Gerakan to confuse Non-Bumi voter…well…one thing for sure…you are BN…u will not have my VOTE !! no matter you are my relative or what so ever..BN -> X !!

  30. #30 by k1980 on Wednesday, 25 July 2007 - 3:10 pm

    Once voters sitting on the fence realise that a vote for bn implies a vote for the NEP/Islamic State, they will dump gerakan/mca/mic/ppp and caste their lot with the opposition. However, umno still has a trick in its sleeve— the abuse of postal votes which can swing the fate of marginal seats

  31. #31 by zioburosky13 on Wednesday, 25 July 2007 - 4:41 pm

    Is this the way we have to kill China’s butt?
    Btw, I have nothing against China but shouldn’t they use the money to do better things? Oh wait…. those are BN members..

  32. #32 by zioburosky13 on Wednesday, 25 July 2007 - 4:42 pm

    ‘Is this the way we have to kill China’s butt?’
    Sorry should be ‘Is this the way we have to kiss China’s butt?’

  33. #33 by slyer on Wednesday, 25 July 2007 - 4:56 pm

    Another 10-15years when the oil is no longer in Malaysia, we will in suffer. Let’s hope that coming election, will vote to the right party or at least not to make present so strong. It’s time to change before it’s too late.

  34. #34 by undergrad2 on Wednesday, 25 July 2007 - 9:36 pm

    “Yes, you can sue the government – but only if the judges have the [email protected] to grant you locus standi.” GODFATHER

    I understand where you are coming from and where you’re going with that.

    We are a democracy, or at least we claim to be in terms of value and tradition though not in the workings of our government. So why should the ordinary Malaysian, the man-in-the-street be roadblocked by archaic concepts of English law expressed in Latin (not even in Bahasa) such as ‘locus standi’ in his or her attempt to make the government he or she has helped elect accountable??

    Jeffrey QC may have something to say.

  35. #35 by tc on Thursday, 26 July 2007 - 5:21 pm

    Damien, RM850 million or USD850million?That’s a 3.5 times difference.

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