Chief Secretary Sidek’s failure to carry out Cabinet decision of July 2007 to take action against culprits responsible for RM12.5 billion PKFZ scandal a factor why Malaysia has worst ranking and score in 15 years in TI CPI 2009

During the 2010 budget debate on 29th October 2009, I questioned the Cabinet decision to set up a super task force headed by the Chief Secretary to the Government Tan Sri Mohd Sidek Hassan to take over all investigations into the RM12.5 billion Port Klang Free Zone (PKFZ) scandal as it represented a “major step backwards in public accountability and good governance”, smacking of a super “cover up” instead of a demonstration of political will to get to the bottom of the “mother of all scandals”.

I argued that what is needed is a Royal Commission of Inquiry to conduct a comprehensive and no-holds-barred investigation into the “mother of all scandals” including relevant Ministerial and Cabinet aspects of the scandal instead of trying to sweep the whole issue back under the carpet.

I also posed the following question:

“In the first place, is Mohd Sidek the most appropriate person to head the super task force on the PKFZ scandal?

“Before Mohd Sidek takes up this appointment, he should explain to the Malaysian public why he had failed in the past two years to carry out the Cabinet decision in July 2007 when it resolved on the RM4.6 billion bailout of PKFZ, including giving retrospective approval to the four illegal Letters of Support unlawfully given by the two previous Transport Ministers, Tun Dr. Ling Liong Sik and Tan Sri Chan Kong Choy, that the Chief Secretary should conduct an inquiry as to how the four Letters of Support could have issued unlawfully and to take the necessary disciplinary actions against the culprits who have now landed the country with a RM12.5 billion PKFZ scandal.

“Did Mohd Sidek carry out such an inquiry as not a single culprit had been identified, let alone penalised for the unlawful issue of the four Letters of Support in the past two years?

“Clearly, Mohd Sidek had not carried out the Cabinet instruction or there would not be today a merry-go-round of multiple investigations into the PKFZ scandal, but all without the necessary sweeping powers to get to the bottom of the scandal.

“Can Mohd Sidek succeed where he had failed in the past two years? I hope Parliament is given a specific answer to these questions in the ministerial replies.”

This is the reply that I have received from the Minister in the Prime Minister’s Department, Datuk Nazri Aziz, by way of a written answer as he had promised Parliament during the winding-up of the debate on November 9, 2009 for issues he was unable to reply orally because of the constraints of time.

This is Nazri’s response to my budget speech on the PKFZ scandal:

  1. YB Ipoh Timur mencadangkan agar ditubuhkan suruhanjaya diraja untuk menyiasat skandal Port Klang Free Zone (PKFZ). Untuk makluman Yang Berhormat, Kerajaan belum bercadang untuk menubuhkan suruhanjaya diraja kerana satu pasukan petugas khas telah ditubuhkan bagi mengemukakan cadangan untuk tindakan susulan Kerajaan berhubung laporan audit PKFZ tersebut.

  2. YB Ipoh Timur ingin tahu sama ada Y.Bhg. Ketua Setiausaha Negara telah melaksanakan keputusan Mesyuarat Jemaah Menteri pada Julai 2007 berkenaan 4 surat sokongan oleh Menteri Pengangkutan ketika itu. Untuk makluman Yang Berhormat, Y.Bhg. Ketua Setiausaha Negara telah pun melaksanakan keputusan Mesyuarat Jemaah Menteri yang dimaksudkan iaitu berhubung 4 surat sokongan daripada Y.B. Menteri Pengangkutan ketika itu.

Nazri’s answers are most unsatisfactory and unacceptable, in particular his answer that the Chief Secretary, Tan Sri Mohd Sidek Hassan had carried out the Cabinet decision in July 2007 to conduct an inquiry as to how the four Letters of Support were issued unlawfully and to take the necessary disciplinary actions against the culprits who have now landed the country with the RM12.5 billion PKFZ scandal.

If the Chief Secretary had carried out the Cabinet decision in July 2007, there would have been no need for him now to head any PKFZ special task force into PKFZ scandal, as those responsible for abuse of power, criminal breach of trust and malpractices would have already been brought to court to face the full force of the law.

Last Thursday, Sidek issued his first statement as Chairman of the PKFZ Special Task Force – more than two months after its formation by the Cabinet in early September – stating that it agreed that the Transport Ministry asked the Board of Directors of the Port Klang Authority (PKA) to consider the recommendations by the Corporate Governance Ad Hoc Committee on the PKFZ project created by the Ministry earlier.

Sidek said the recommendations could be implemented without involving any amendments to the law.

This was decided by the Special Task Force in its third meeting held on Nov 2.

Sidek said the meeting was also informed of the action taken by the Royal Malaysia Police and the Malaysian Anti-Corruption Commission (MACC) so far, with the MACC investigation into the PKFZ scandal expected to be completed by the end of the year.

The Cabinet Special Task Force appears to be acting like a postman or reporter than as an alternative to a Royal Commission of Inquiry not only to get to the bottom of the RM12.5 billion PKFZ scandal but to bring to book the culprits for landing the country with the “mother-of-all-scandals”.

If Sidek had carried out the Cabinet decision of July 2007 to take all necessary action against the culprits responsible for the PKFZ scandal, including former Transport Ministers and Port Klang Authority officers, the PKFZ scandal would not have reached the present magnitude. Furthermore, there would be no need for the Cabinet to establish any Special Task Force to do what should have been done under the Cabinet decision of July 2007.

Undoubtedly, one reason why Malaysia’s has suffered the ignominy of the worst ranking and score in 15 years in Transparency International (TI) Corruption Perception Index (CPI) 2009 must be traced directly to the failure of the Chief Secretary in discharging the task entrusted on him by the Cabinet in July 2007 with regard to the PKFZ scandal.

  1. #1 by Thinking Two on Monday, 23 November 2009 - 2:54 pm

    This is umno:Use Money No Objection.

  2. #2 by Thinking Two on Monday, 23 November 2009 - 2:55 pm

    This is another umno:Use Money No Opinion.

  3. #3 by Thinking Two on Monday, 23 November 2009 - 2:56 pm

    This is yet another umno: Use Money No Offence.

  4. #4 by SENGLANG on Monday, 23 November 2009 - 3:32 pm

    We are overloaded with all fantastic JARGON and slogan . When ever there was a huge cry from the public they will assembled a task force this and that. No enough they used the name super task force. Well, task force is task force regardless it is a super or mini. Like Deng proper word a cat is cat, black or white, super of mini, thin or fat. But it ,must able to produce results otherwise all are slogan. Satu Malaysia or dus tiga Malaysia, same concept lah.

    One for sure they is no sincerity in the pursue of napping the culprits.

    Look at how fast our down south country act on corruption and abuse of public fund. Monk or not monk send them to jail and let those culprit know what is taste in jail. We are long way to go.

  5. #5 by Dap man on Monday, 23 November 2009 - 3:37 pm

    The SS is another UMNO eunuch. What can one expect from him or from any other eunuchs who occupy high positions in the government, judiciary, AG chambers, macc, EC, ROC etc.

  6. #6 by Cinapek on Monday, 23 November 2009 - 3:50 pm

    The wayang is playing out nicely. Let OTK be the hero for the PKFZ scandal from which the Govt. will claim credit for transparency. Then let him be the scapegoat for the fallout with the previous MCA leaders who were the Transport ministers in the centre of the controversy. Let him and TKS destroy each other. In one fell swoop, use this scandal to cut out all the powers of the MCA and make the the non bumi politicians from East malaysia beholden to UMNO.

    Then move the Chief Secretary in to finish what he has been trying to accomplish since 2007. With OTK powerless, Lee Hwa Beng will be blown away in no time. It will be plain sailing after that to close the case as NFA.

  7. #7 by k1980 on Monday, 23 November 2009 - 4:19 pm

    The 11th commandment from Mount Arafat: THOU MUST NEVER OPPOSE umno

  8. #9 by gofortruth on Monday, 23 November 2009 - 4:50 pm

    This BN gomen is acting as if the public don’t know & don’t care and they can continue to BULLDOZE their way. This will reinforce the idea to have a 2 party political system to effectively provide check & balance. Pakatan Rakyat should be given the chance to govern in the coming GE for at least 2 terms to clean up all the dirts of BN over the past 50 over years.

  9. #10 by House Victim on Monday, 23 November 2009 - 5:21 pm

    The Project is clearly a violation of Parliament Proceeding with regards to the contents and budgets. A clear manipulation of the Cabinet in allowing the Project to roll with “self-finance” and soft-loan by-passing the Parliament.

    Did the contents and budgets as well as the soft-loan been ever put forwards to the Parliament for thorough Discussion, debate and approved?

    A straight forward Abuse of Power, mis-appropriation of State fund and violation of Law!!

    Should there be so many dragging if Law and systems work?

    The Government in carrying the Project is at fault. No one from the Government is qualified to investigate!!

    Those who were the Cabinet members during the period should step-down pending investigation.


  10. #11 by monsterball on Monday, 23 November 2009 - 6:28 pm

    It is better for UMNO to be rated as 56th most corrupted country in the world….and ranking cam go downwards it necessary….than to gain respect and gain much better rankings by working to see UMNO corrupted crooks go to jail.
    UMNO have openly support corruptions the Negri Sembilan Pulau Pinang by election.
    Najib is so proud…declaring 62% Malaysians support UMNO now..when it was 62% Malaysians..from that village with 12000 voters.
    This is why he is not respected .even in UMNO…speaking out nonsense all the time.

  11. #12 by Godfather on Monday, 23 November 2009 - 7:04 pm

    Sidek has exceeded all expectations. Just ask every village idiot, starting with Kasim Amat.

  12. #13 by tenaciousB on Monday, 23 November 2009 - 7:41 pm

    village idiot is a compliment, it’s more likely appropriate to label the imbecile the village lavatory. LOL

  13. #14 by jimmykhoo on Tuesday, 24 November 2009 - 1:17 am

    sidek should resign immediately.MPs from Pakatan Rakyat should vote for his dismissal in the next parliament session….

  14. #15 by frankyapp on Tuesday, 24 November 2009 - 1:54 am

    Nobody should blame poor Sidek,he’s only carrying out his duty as instructed by PM.Why should he risk his good life for you guys in return for being treated an enemy of the state.This’s Umno politic.I do what I like,you don’t like it,stay aside and keep silence,if you don’t you either go to kummunting or get c4. Malaysian demoncracy is only skin deep.

  15. #16 by Bigjoe on Tuesday, 24 November 2009 - 7:58 am

    Here is an interesting question. Should Sidek be blamed for bending to the will of his bosses the politicians?

    On the surface, most of us have done things just because the boss said so even though we suspect that its not quite right. We have to hold on to our job or income anyway.

    BUT such sympathy does not apply to the elite because they have choices. If Sidek does not like bending to the wills of political master, he can make a choice of not accepting his promotion. No one in Malaysian civil service get promoted just because he is good at his job. He gets promoted because the political masters trusts him. No one is deluded to believe that getting to such a high position does not involve breaking a few principles under BN rule. Especially for an institution like the main civil service which have little independence from the administrative. Even in the most independent institutions like Bank Negara, the political master still bend their wills.

    Top civil servants are free to leave and do something else. If may be a lot less pay and less comfortable but that is the price of principle that has to be paid. Is it fair? No. But blame it on those who set up the system. Principles to be upheld is always paid unfairly by those most to be blamed. If we are lucky, those that can afford it pays for it – it is seldom the case that blame is approportioned perfectly.

    So pile it on and send out the warning to everyone dreaming of joining the civil service and be richly rewarded or think they don’t have to share the blame under a corrupt regime. You pay for it..

  16. #17 by veddy.lum74 on Tuesday, 24 November 2009 - 9:54 am

    look at sidek’s face,u realize that he is more stupid than gafar baba,placing stupid ppl here will safeguard their misdeeds and i will potong if sidek dares to touch mamathir for PKFZ whom was the ‘keyman’ of this scandal.yes,btw,has anybody hear any comments recently from the guy who has two mohd in his name?migrated to australia?oh i see!

  17. #18 by i_love_malaysia on Tuesday, 24 November 2009 - 1:25 pm

    In the first place, sidek was choosen not for his smartness to resolve problem but to cover up for the govt of the day. Just like Naz”r”i, he is the PR (not pakatan rakyat, but real PR) man, trying to give half truth answer to cover up for their colleague who failed to do their job right!!! Their greatest hope is that people will forget to follow up with them!!!
    People like Naz”r”i is useful to BN govt as long as BN govt continues to makan puas puas!!!

  18. #19 by i_love_malaysia on Tuesday, 24 November 2009 - 3:48 pm

    Where the present system and policies are still “empowering” the mouse to catch the cat and going against the gravity of earth and nature where the head should rule instead of the tail, Malaysia will be exporting maids earlier than predicted!!! Just ask all those non-malay businessmen and educators etc what advice they gave to their children when they started to look for jobs!!! Majority would advise their children to go overseas to work!!!
    Those who stay put will be taxed to death sooner or later to support the govt expenditures due to corruption and mismanagement!!! The way out is to reverse all those policies that prevent growth and innovations etc which are necessary to help high income growth!!! The rakyat need to vote to replace those who make these policies i.e. the BN govt!!!
    BN govt is trapped in their own doings, they formulated the policies that ensure their victories in every GE in the past but at the same time is slowly trapping themselves deeper into the grave!!! BN govt realised that they are going to be covered totally by the next GE and tried their “best” to crawl out, but sad to say, it is far too little and far too late!!! It has reached the point of no return and it requires rebirth to do so!!!

  19. #20 by frankyapp on Tuesday, 24 November 2009 - 4:51 pm

    Umno/Bn survival is based on cheat and deceived,taken these away,it will die.

  20. #21 by AhPek on Tuesday, 24 November 2009 - 7:00 pm

    The question “What do you expect Mohd Sidek Hassan would do about the RM12.5 billion PKFZ scandal?” is the same as asking at the time when the court has not delivered its judgement yet the question “What would you expect of the outcome of the Altantuya case?”.That is to say sweet nothing for in both cases they are expected to deliver what the boss wants them to deliver!

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