The demise of PR MP of Hulu Selangor open yet another test for Pakatan Rakyat government in Malaysia as whole and in Selangor specifically. What the politicians interested is not the mourning on the demise of the late MP, but the focus is more on the selection of candidates and short-listing them. What is more interesting is there is no conclusion as per today's news. Whoever stands for the by-election, it is definitely a litmus test and it will determine the popularity and strength of the winner. Looking at the tract record which was not publish due to biasness of media, PR has favourable chance as the locals are convinced that current Selangor PR government has in many ways has satisfied the "taste-buds" of Rakyat. But, BN with monetary influence might use back-door tactic to influence the voters. What is interesting is the maturity of the Rakyat. They might accept the money but the voting most likely will side the PR.
Whatever way you think...Whatever way you toss the coin..PR has a bright winning chance!!!The party is matters now and not the candidate anymore.....
Monday, April 12, 2010
Saturday, October 24, 2009
BUDGET 2010
PM slashes spending in Budget 2010
Oct 23, 09 4:05pm
Prime Minister Najib Razak slashed government spending in the 2010 budget, moving to rein in a fiscal deficit swollen by stimulus measures aimed at pushing the economy out of recession.
In his maiden budget, Najib promised an ambitious cut in the budget deficit in 2010 from its highest level in more than 20 years, although he provided few clues as to how the reductions would be realised.
The main spending cuts would come from reduced "operating
expenditure" (-13.7 percent), lower food and fuel subsidies (-14.7), a sensitive political issue for an unpopular government, and less money for development spending (-4.5 percent).
Najib also said an extensive fuel subsidy system, extremely popular with the public but a drain on national coffers, would be revamped next year but did not give details of the cuts.
He said the economy would shrink by 3.0 percent this year, less than a 4.0-5.0 percent contraction tipped earlier, but that it could bounce back and post modest growth of 2.0-3.0 percent in 2010.
"Major indicators suggest the economy is on track to recovery," said Najib, who is also finance minister, adding that "Malaysia's economic fundamentals remain resilient, despite the more challenging environment in 2009."
But he said the downturn, which hit Malaysia's export-dependent economy hard, showed it needed to address its long-term competitiveness and shift to a new model "based on innovation, creativity and value-added activities".
"We are now at a critical juncture, either to remain trapped in a middle-income group or advance to a high-income economy," he said.
Najib said Malaysia needed to strengthen domestic demand, lose its reliance on cheap imported labour, and introduce liberalisation measures to enhance competitiveness.
Ambitious spending cuts
The 2010 budget allocation totalled RM191.5 billion - 11.2 percent lower than the revised allocation of RM215.7 billion for 2009.
"This allocation reflects prudence in government spending and gives priority to value-for-money," said Najib, adding that the cuts would not harm public sector delivery.
Operating expenditure will be slashed by 13.7 percent to RM138.3 billion in an unprecedentedly large cut, helping reduce the fiscal deficit from 7.4 percent this year to 5.6 percent next year - much lower than expected.
Wan Suhaimi Saidie, an economist with Kenanga Investment Bank, was cautious about the ambitious move to rein in spending.
"It's a big surprise for me because, in spite of the economic recovery, the government is already consolidating its fiscal deficit by substantially cutting down the operating expenditure as well as reducing development spending," he told AFP.
"My view is that (the cut) will affect the efficiency of the government machinery. My view is that the maximum you can cut is 5.0 percent."
Others were sceptical the target could be met.
"It is good that we see now the government seems serious to address the budget deficit issue," said Azrul Anwar Ahmad Tajudin, senior economist at Bank Islam.
"But the problem is whether we can achieve it or not. It's too huge a reduction," he told Reuters.
Opposition leader Anwar Ibrahim applauded the move to cut costs but said he doubted whether it would be achieved, and that the budget did not address rampant corruption which was one of the causes of overspending.
"I have no qualms about the stated pronouncement on the attempt to ensure Malaysia becomes more competitive and reduces waste, but actions speak louder," he said.
New petrol subsidy system
Najib said the government, which was hit with severe criticism over past cuts to petrol subsidies, would implement a "fuel subsidy management system" in early 2010 but gave no further details.
There were promises of lower taxes with 1 percentage point to be lopped off the top 27 percent income tax rate and a vague commitment to study a goods and services tax (GST), which economists say is need to expand the tax net.
According to Najib, the government is "at the final stage" of a study into implementing a long-considered GST to replace the current tax and services tax.
"The purpose of this study is to ensure that if the GST needs to be implemented to stabilise government finances, it will not burden the people," he said.
Average consumer price inflation is predicted at 1.0 percent this year, slower than the forecast of 1.5-2.0 percent by the central bank in March.
Exports are expected to shrink 19.2 percent in 2009, but could rebound to record 5.1 percent growth in 2010, it said.
In his two-hour speech, Najib said emphasis will also be placed on human capital and improving the public sector's efficiency.
"In approach I would not see any major departure in his (Najib's) approach to previous prime ministers," said political analyst Khoo Kay Peng.
"We see the usual tiny populist giveaways alongside catching-up measures."
SALIENT POINTS
Quick facts
• Malaysia economy to grow 2-3 percent in 2010.
• Per capita income to increase by 2.5 percent to RM24,661.
• Budget 2010 allocations totalled RM191.5 billion, of which RM138.3 billion is for operating expenditure and RM53.2 billion for development expenditure.
• Federal government revenue in 2010 to decline by 8.4 percent to RM148.8 billion.
• Budget deficit at 5.6 percent of GDP compared with 7.4 percent in 2009.
Taxation
• Maximum income tax rate to be further reduced to 26 percent from 27 percent effective from the 2010 year of assessment.
• Personal tax relief will be increased to RM9,000 from RM8,000 effective from the 2010 year of assessment.
• Individual taxpayers to be given tax relief on broadband subscription fee up to RM500 a year from 2010 to 2012.
• Income tax for 2010 based on income derived from 2009 will be allowed to be paid in instalments in five years.
•
• Employees EPF contributions will be raised again to 11 percent on a voluntary basis with immediate effect. However, from Jan 1, 2011 employees' EPF contribution will revert to 11 percent.
• The government proposes existing personal tax relief of RM6,000 for EPF contributions and life insurance premiums be raised to RM7,000.
• Civil servants are eligible to apply for computer loans once in every three years and up to a maximum of RM5,000 from the government once in every five years.
• A five percent tax to be imposed on gains from disposal of real property from Jan 1, 2010.
Credit cards
• There will be no more free credit cards which are currently being used extensively. The number increased from more than two million in 1997 to 11 million as of August 2009, excluding 285,000 charge cards.
•
• To promote prudent spending, a service tax of RM50 a year will be imposed on each principal credit card and charge card, including those issued free of charge.
• There will also be service tax of RM25 a year imposed on each supplementary card.
Fuel subsidies
• To ensure fuel subsidies only benefit targeted groups, the government will implement a fuel subsidy management system in early 2010.
Goods and Services tax
• Government is in the final stage of completing a study on imposing Goods and Services Tax (GST). The rate will be lower than the current sales and service tax.
Approved Permits (AP)
• RM10,000 to be imposed for each AP to open AP holders effective Jan 1, 2010. A portion of the collection will be channelled to the bumiputera development fund in the automotive sector.
Permanent residency
• Simplify permanent residency (PR) applications for those who possess high talents, expatriates will be issued visas within 14 days while male expatriates who marry locals will be automatically conferred PR status.
KEY BUDGET ALLOCATIONS
Infrastructure
• Government to allocate RM9 billion to finance infrastructure projects, with RM4.7 billion for road and bridge projects, RM2.6 billion for water supply and sewerage services, RM899 million for rail facilities, RM820 million for ports and sea services and RM276 milliion for airport projects.
• RM3.7 billion set aside to beef up the security forces, including providing modern and sophisticated equipment for the relevant agencies.
• TNB to spend RM5 billion to implement electricity generation, transmission and distribution projects in 2010.
• Public-private collaborations to include an integrated immigration, customs and quarantine complex in Bukit Kayu Hitam, construction of six UiTM campuses and the development of Matrade centre.
• RM3.5 billion for infrastructure and basic amenities and training programmes and socio-economic projects to support implementation of private sector projects.
Corporate social responsibility
• 1Malaysia Development Bhd (1MDB) will establish a corporate social responsibility fund totalling RM100 million as a start to finance community activities.
Tourism
• Government to allocate RM899 million to intensify tourism industry.
• Tax incentives for healthcare service providers who offer services to foreign health tourists with income tax exemptions of 100 percent on the value of increased exports from 50 percent previously.
Health
• RM14.8 billion is allocated to manage, build and upgrade hospitals and clinics.
Agriculture
• Allocate RM137 million to upgrade and improve drainage and irrigation infrastructures in paddy fields involving 180,000 farmers.
• RM70 million to build the Paya Peda Dam Project in Terengganu to increase water supply capacity to paddy irrigation scheme in Besut.
• RM82 million to modernise aquaculture industry and conduct entrepreneurship training scheme for aquaculture breeders with focus on production of fish fry and ornamental fish.
• RM149 million to develop food farming industry such as fruits, vegetables, organic farming, herbs, seaweeds and swiftlet nests.
• RM58 million to develop basic infrastructures for livestock farms and establish supply chains for beef and mutton production.
• A consortium comprising Felda, Felcra and Risda will be established by the end of 2009, with a paid-up capital of RM300 million and with each agency contributing RM100 million.
• Government to provide subsidies, incentives and assistance amounting to some RM2 billion to farmers and fishermen to safeguard their interests.
Small and medium enterprises
• To consolidate 79 SME funds to 33 to simplify access to SME financing to be coordinated by SME Corp.
• An allocation of RM350 million to SME Corp, with RM200 million set aside for SME soft loans, RM100 million for capacity enhancement and the balance for branding and promotion.
• Financial institutions to approve micro-financing in six days and disbursement in four days.
• To allocate RM538 million for implementation of various SME programmes, with RM281 million to state economic development corporations, RM200 million to Tekun and RM57 million for purchase of business premises and infrastructures.
Green technology
• Government to sanction RM20 million to intensify green awareness activities and practise environment-friendly lifestyle.
• Develop Putrajaya and Cyberjaya as pioneer townships in GreenTechnology as a showcase for the development of other townships.
• Establish a RM1.5 billion fund to promote green technology, with a maximum RM50 million financing for suppliers and RM10 million for consumer companies.
• Applications for financing through the National Green Technology Centre to commence on Jan 1, 2010 and 140 companies are to benefit.
Construction
• Building owners obtaining GBI Certificates from tomorrow until Dec 31, 2014 are to be given income tax exemption equivalent to additional capital expenditure. Stamp duty exemption to buyers of buildings with GBI Certificates from tomorrow till Dec 31, 2014.
Regional corridors
• Government will ensure that the five regional corridors - launched during former premier Abdullah Ahmad Badawi's tenure - will be developed according to schedule.
Crime
• Target set to reduce crime index by five percent, including street crimes such as snatch theft and robberies by 20 percent by the end of 2010. Among the measures that will be taken is to increase police presence by providing stations in 50 crime hotspots.
Hardcore poverty
• Government committee to achieve target of zero hardcore poverty in 2010. Five thousand poor households registered with eKasih and 4,000 Orang Asli households to receive aid. Skills training programmes and income generating programmes will be provided. Federal welfare assistance to be distributed on the 1st of each month.
• RM141 million to be allocated for 'Program Lonjakan Mega' scheme to alleviate 5,600 families from hardcore poverty.
Finance
• Double deduction on expenditure incurred in promoting Malaysia as an international financial centre.
• Deduction on expenditure incurred to set up Islamic stockbroking companies.
• To introduce a basic insurance and takaful scheme for motor insurance protection by mid-2010.
• To expand micro insurance and takaful coverage for small-scale businessmen to benefit from coverage ranging from RM10,000 to RM20,000 with a premium as low as RM20 per month.
• Stock market to be further liberalised to enhance efficiency. Liberalise commission-sharing arrangements between stockbrokers and remisiers by allowing flexible brokerage sharing at a minimum rate of 40 percent for remisiers and to have commission-sharing fully liberalised effective January 1, 2011.
• Allowing 100 percent foreign equity participation in corporate finance and financial planning companies.
• Current tax incentives to develop financial services, particularly Islamic finance, extended to 2015. Twenty percent stamp duty exemption on Islamic financing instruments.
• Tax exemption on banking profits derived from overseas operations.
• Effective Jan 1, 2010, government agrees to allow agencies to retain 50 percent of rentals received while the remaining 50 percent will be remitted to the government as revenue.
• Maximum tax rate for cooperatives will be reduced to 26 percent while the fixed tax rate for non-resident individuals will be cut to 26 percent.
Human resources
• Income tax on employment income of Malaysians and foreign knowledge workers residing and working in Iskandar Malaysia will be set at 15 percent compared with the maximum 26 percent for the rest of the country.
• Government to launch a scheme in January 2010 that enables EPF contributors to utilise current and future savings in Account 2 to promote house ownership.
• The government to establish the 1Malaysia Retirement Scheme to be administrated by EPF.
From: Malaysiakini
Oct 23, 09 4:05pm
Prime Minister Najib Razak slashed government spending in the 2010 budget, moving to rein in a fiscal deficit swollen by stimulus measures aimed at pushing the economy out of recession.
In his maiden budget, Najib promised an ambitious cut in the budget deficit in 2010 from its highest level in more than 20 years, although he provided few clues as to how the reductions would be realised.
The main spending cuts would come from reduced "operating
expenditure" (-13.7 percent), lower food and fuel subsidies (-14.7), a sensitive political issue for an unpopular government, and less money for development spending (-4.5 percent).
Najib also said an extensive fuel subsidy system, extremely popular with the public but a drain on national coffers, would be revamped next year but did not give details of the cuts.
He said the economy would shrink by 3.0 percent this year, less than a 4.0-5.0 percent contraction tipped earlier, but that it could bounce back and post modest growth of 2.0-3.0 percent in 2010.
"Major indicators suggest the economy is on track to recovery," said Najib, who is also finance minister, adding that "Malaysia's economic fundamentals remain resilient, despite the more challenging environment in 2009."
But he said the downturn, which hit Malaysia's export-dependent economy hard, showed it needed to address its long-term competitiveness and shift to a new model "based on innovation, creativity and value-added activities".
"We are now at a critical juncture, either to remain trapped in a middle-income group or advance to a high-income economy," he said.
Najib said Malaysia needed to strengthen domestic demand, lose its reliance on cheap imported labour, and introduce liberalisation measures to enhance competitiveness.
Ambitious spending cuts
The 2010 budget allocation totalled RM191.5 billion - 11.2 percent lower than the revised allocation of RM215.7 billion for 2009.
"This allocation reflects prudence in government spending and gives priority to value-for-money," said Najib, adding that the cuts would not harm public sector delivery.
Operating expenditure will be slashed by 13.7 percent to RM138.3 billion in an unprecedentedly large cut, helping reduce the fiscal deficit from 7.4 percent this year to 5.6 percent next year - much lower than expected.
Wan Suhaimi Saidie, an economist with Kenanga Investment Bank, was cautious about the ambitious move to rein in spending.
"It's a big surprise for me because, in spite of the economic recovery, the government is already consolidating its fiscal deficit by substantially cutting down the operating expenditure as well as reducing development spending," he told AFP.
"My view is that (the cut) will affect the efficiency of the government machinery. My view is that the maximum you can cut is 5.0 percent."
Others were sceptical the target could be met.
"It is good that we see now the government seems serious to address the budget deficit issue," said Azrul Anwar Ahmad Tajudin, senior economist at Bank Islam.
"But the problem is whether we can achieve it or not. It's too huge a reduction," he told Reuters.
Opposition leader Anwar Ibrahim applauded the move to cut costs but said he doubted whether it would be achieved, and that the budget did not address rampant corruption which was one of the causes of overspending.
"I have no qualms about the stated pronouncement on the attempt to ensure Malaysia becomes more competitive and reduces waste, but actions speak louder," he said.
New petrol subsidy system
Najib said the government, which was hit with severe criticism over past cuts to petrol subsidies, would implement a "fuel subsidy management system" in early 2010 but gave no further details.
There were promises of lower taxes with 1 percentage point to be lopped off the top 27 percent income tax rate and a vague commitment to study a goods and services tax (GST), which economists say is need to expand the tax net.
According to Najib, the government is "at the final stage" of a study into implementing a long-considered GST to replace the current tax and services tax.
"The purpose of this study is to ensure that if the GST needs to be implemented to stabilise government finances, it will not burden the people," he said.
Average consumer price inflation is predicted at 1.0 percent this year, slower than the forecast of 1.5-2.0 percent by the central bank in March.
Exports are expected to shrink 19.2 percent in 2009, but could rebound to record 5.1 percent growth in 2010, it said.
In his two-hour speech, Najib said emphasis will also be placed on human capital and improving the public sector's efficiency.
"In approach I would not see any major departure in his (Najib's) approach to previous prime ministers," said political analyst Khoo Kay Peng.
"We see the usual tiny populist giveaways alongside catching-up measures."
SALIENT POINTS
Quick facts
• Malaysia economy to grow 2-3 percent in 2010.
• Per capita income to increase by 2.5 percent to RM24,661.
• Budget 2010 allocations totalled RM191.5 billion, of which RM138.3 billion is for operating expenditure and RM53.2 billion for development expenditure.
• Federal government revenue in 2010 to decline by 8.4 percent to RM148.8 billion.
• Budget deficit at 5.6 percent of GDP compared with 7.4 percent in 2009.
Taxation
• Maximum income tax rate to be further reduced to 26 percent from 27 percent effective from the 2010 year of assessment.
• Personal tax relief will be increased to RM9,000 from RM8,000 effective from the 2010 year of assessment.
• Individual taxpayers to be given tax relief on broadband subscription fee up to RM500 a year from 2010 to 2012.
• Income tax for 2010 based on income derived from 2009 will be allowed to be paid in instalments in five years.
•
• Employees EPF contributions will be raised again to 11 percent on a voluntary basis with immediate effect. However, from Jan 1, 2011 employees' EPF contribution will revert to 11 percent.
• The government proposes existing personal tax relief of RM6,000 for EPF contributions and life insurance premiums be raised to RM7,000.
• Civil servants are eligible to apply for computer loans once in every three years and up to a maximum of RM5,000 from the government once in every five years.
• A five percent tax to be imposed on gains from disposal of real property from Jan 1, 2010.
Credit cards
• There will be no more free credit cards which are currently being used extensively. The number increased from more than two million in 1997 to 11 million as of August 2009, excluding 285,000 charge cards.
•
• To promote prudent spending, a service tax of RM50 a year will be imposed on each principal credit card and charge card, including those issued free of charge.
• There will also be service tax of RM25 a year imposed on each supplementary card.
Fuel subsidies
• To ensure fuel subsidies only benefit targeted groups, the government will implement a fuel subsidy management system in early 2010.
Goods and Services tax
• Government is in the final stage of completing a study on imposing Goods and Services Tax (GST). The rate will be lower than the current sales and service tax.
Approved Permits (AP)
• RM10,000 to be imposed for each AP to open AP holders effective Jan 1, 2010. A portion of the collection will be channelled to the bumiputera development fund in the automotive sector.
Permanent residency
• Simplify permanent residency (PR) applications for those who possess high talents, expatriates will be issued visas within 14 days while male expatriates who marry locals will be automatically conferred PR status.
KEY BUDGET ALLOCATIONS
Infrastructure
• Government to allocate RM9 billion to finance infrastructure projects, with RM4.7 billion for road and bridge projects, RM2.6 billion for water supply and sewerage services, RM899 million for rail facilities, RM820 million for ports and sea services and RM276 milliion for airport projects.
• RM3.7 billion set aside to beef up the security forces, including providing modern and sophisticated equipment for the relevant agencies.
• TNB to spend RM5 billion to implement electricity generation, transmission and distribution projects in 2010.
• Public-private collaborations to include an integrated immigration, customs and quarantine complex in Bukit Kayu Hitam, construction of six UiTM campuses and the development of Matrade centre.
• RM3.5 billion for infrastructure and basic amenities and training programmes and socio-economic projects to support implementation of private sector projects.
Corporate social responsibility
• 1Malaysia Development Bhd (1MDB) will establish a corporate social responsibility fund totalling RM100 million as a start to finance community activities.
Tourism
• Government to allocate RM899 million to intensify tourism industry.
• Tax incentives for healthcare service providers who offer services to foreign health tourists with income tax exemptions of 100 percent on the value of increased exports from 50 percent previously.
Health
• RM14.8 billion is allocated to manage, build and upgrade hospitals and clinics.
Agriculture
• Allocate RM137 million to upgrade and improve drainage and irrigation infrastructures in paddy fields involving 180,000 farmers.
• RM70 million to build the Paya Peda Dam Project in Terengganu to increase water supply capacity to paddy irrigation scheme in Besut.
• RM82 million to modernise aquaculture industry and conduct entrepreneurship training scheme for aquaculture breeders with focus on production of fish fry and ornamental fish.
• RM149 million to develop food farming industry such as fruits, vegetables, organic farming, herbs, seaweeds and swiftlet nests.
• RM58 million to develop basic infrastructures for livestock farms and establish supply chains for beef and mutton production.
• A consortium comprising Felda, Felcra and Risda will be established by the end of 2009, with a paid-up capital of RM300 million and with each agency contributing RM100 million.
• Government to provide subsidies, incentives and assistance amounting to some RM2 billion to farmers and fishermen to safeguard their interests.
Small and medium enterprises
• To consolidate 79 SME funds to 33 to simplify access to SME financing to be coordinated by SME Corp.
• An allocation of RM350 million to SME Corp, with RM200 million set aside for SME soft loans, RM100 million for capacity enhancement and the balance for branding and promotion.
• Financial institutions to approve micro-financing in six days and disbursement in four days.
• To allocate RM538 million for implementation of various SME programmes, with RM281 million to state economic development corporations, RM200 million to Tekun and RM57 million for purchase of business premises and infrastructures.
Green technology
• Government to sanction RM20 million to intensify green awareness activities and practise environment-friendly lifestyle.
• Develop Putrajaya and Cyberjaya as pioneer townships in GreenTechnology as a showcase for the development of other townships.
• Establish a RM1.5 billion fund to promote green technology, with a maximum RM50 million financing for suppliers and RM10 million for consumer companies.
• Applications for financing through the National Green Technology Centre to commence on Jan 1, 2010 and 140 companies are to benefit.
Construction
• Building owners obtaining GBI Certificates from tomorrow until Dec 31, 2014 are to be given income tax exemption equivalent to additional capital expenditure. Stamp duty exemption to buyers of buildings with GBI Certificates from tomorrow till Dec 31, 2014.
Regional corridors
• Government will ensure that the five regional corridors - launched during former premier Abdullah Ahmad Badawi's tenure - will be developed according to schedule.
Crime
• Target set to reduce crime index by five percent, including street crimes such as snatch theft and robberies by 20 percent by the end of 2010. Among the measures that will be taken is to increase police presence by providing stations in 50 crime hotspots.
Hardcore poverty
• Government committee to achieve target of zero hardcore poverty in 2010. Five thousand poor households registered with eKasih and 4,000 Orang Asli households to receive aid. Skills training programmes and income generating programmes will be provided. Federal welfare assistance to be distributed on the 1st of each month.
• RM141 million to be allocated for 'Program Lonjakan Mega' scheme to alleviate 5,600 families from hardcore poverty.
Finance
• Double deduction on expenditure incurred in promoting Malaysia as an international financial centre.
• Deduction on expenditure incurred to set up Islamic stockbroking companies.
• To introduce a basic insurance and takaful scheme for motor insurance protection by mid-2010.
• To expand micro insurance and takaful coverage for small-scale businessmen to benefit from coverage ranging from RM10,000 to RM20,000 with a premium as low as RM20 per month.
• Stock market to be further liberalised to enhance efficiency. Liberalise commission-sharing arrangements between stockbrokers and remisiers by allowing flexible brokerage sharing at a minimum rate of 40 percent for remisiers and to have commission-sharing fully liberalised effective January 1, 2011.
• Allowing 100 percent foreign equity participation in corporate finance and financial planning companies.
• Current tax incentives to develop financial services, particularly Islamic finance, extended to 2015. Twenty percent stamp duty exemption on Islamic financing instruments.
• Tax exemption on banking profits derived from overseas operations.
• Effective Jan 1, 2010, government agrees to allow agencies to retain 50 percent of rentals received while the remaining 50 percent will be remitted to the government as revenue.
• Maximum tax rate for cooperatives will be reduced to 26 percent while the fixed tax rate for non-resident individuals will be cut to 26 percent.
Human resources
• Income tax on employment income of Malaysians and foreign knowledge workers residing and working in Iskandar Malaysia will be set at 15 percent compared with the maximum 26 percent for the rest of the country.
• Government to launch a scheme in January 2010 that enables EPF contributors to utilise current and future savings in Account 2 to promote house ownership.
• The government to establish the 1Malaysia Retirement Scheme to be administrated by EPF.
From: Malaysiakini
Friday, September 11, 2009
Malaysian: A true meaning!
By: Tunku Abdul Rahman's great granddaughter
Sharyn Lisa Shufiyan, 24
Conservationist
“Both my parents are Malay. My mum's heritage includes Chinese, Thai and Arab, while my dad is Minangkabau. Due to my skin colour, I am often mistaken for a chinese.
I'm happy that I don’t have the typical Malay look but I do get annoyed when people call me Ah Moi or ask me straight up "Are you Chinese or Malay"
Like, why does it matter? Before I used to answer "Malay" but now I'm trying to consciously answer Malaysian instead..
There's this incident from primary school that I remember till today. Someone told me that I will be called last during Judgement Day because I don’t have a Muslim name. Of course, I was scared then but now that I'm older, I realise that a name is just a name. It doesn’t define you as a good or bad person and there is definitely no such thing as a Muslim name. You can be named Rashid or ALI and still be a Christian.
I’ve heard of the 1Malaysia concept, but I think we don’t need to be told to be united. We've come such a long way that it should already be embedded in our hearts and minds that we are united. Unfortunately, you can still see racial discrimination and polarisation. There is still this ethno-centric view that the Malays are the dominant group and their rights must be protected, and non Malays are forever the outsiders.
For the concept to succeed, I think the government should stop with the race politics. It's tiring, really. We grew up with application forms asking us to tick our race. We should stop painting a negative image of the other races, stop thinking about 'us' and 'them' and focus on 'we', 'our' and 'Malaysians'.
No one should be made uncomfortable in their own home. A dear Chinese friend of mine said to me once, "I don’t feel patriotic because I am not made to feel like Malaysia is my home, and I don’t feel an affinity to China because I have never lived there..
I know some baby Nyonya friends who can trace their lineage back hundreds of years. I'm a fourth generation Malaysian.. If I am Bumiputra, why can’t they be, too? Clearly I have issues with the term.
I think the main reason why we still can’t achieve total unity is because of this 'Malay rights' concept. I'd rather 'Malay rights' be replaced by human rights. So unless we get rid of this Bumiputra status, or reform our views and policies on rights, we will never achieve unity.
For my merdeka wish, I'd like for Malaysians to have more voice, to be respected and heard. I wish that the government would uphold the true essence of parliamentary democracy. I wish for the people to no longer fear and discriminate against each other, to see that we are one and the same.
I wish that Malaysia would truly live up to the tourism spin of Malaysia truly Asia. Malaysians to lead - whatever their ethnic background. Only ONE NATIONALITY -MALAYSIAN. No Malays, No Chinese, No Indians - ONLY MALAYSIANS. Choose whatever religion one is comfortable with.
MERDEKA
MERDEKA
MERDEKA
Sharyn Lisa Shufiyan, 24
Conservationist
“Both my parents are Malay. My mum's heritage includes Chinese, Thai and Arab, while my dad is Minangkabau. Due to my skin colour, I am often mistaken for a chinese.
I'm happy that I don’t have the typical Malay look but I do get annoyed when people call me Ah Moi or ask me straight up "Are you Chinese or Malay"
Like, why does it matter? Before I used to answer "Malay" but now I'm trying to consciously answer Malaysian instead..
There's this incident from primary school that I remember till today. Someone told me that I will be called last during Judgement Day because I don’t have a Muslim name. Of course, I was scared then but now that I'm older, I realise that a name is just a name. It doesn’t define you as a good or bad person and there is definitely no such thing as a Muslim name. You can be named Rashid or ALI and still be a Christian.
I’ve heard of the 1Malaysia concept, but I think we don’t need to be told to be united. We've come such a long way that it should already be embedded in our hearts and minds that we are united. Unfortunately, you can still see racial discrimination and polarisation. There is still this ethno-centric view that the Malays are the dominant group and their rights must be protected, and non Malays are forever the outsiders.
For the concept to succeed, I think the government should stop with the race politics. It's tiring, really. We grew up with application forms asking us to tick our race. We should stop painting a negative image of the other races, stop thinking about 'us' and 'them' and focus on 'we', 'our' and 'Malaysians'.
No one should be made uncomfortable in their own home. A dear Chinese friend of mine said to me once, "I don’t feel patriotic because I am not made to feel like Malaysia is my home, and I don’t feel an affinity to China because I have never lived there..
I know some baby Nyonya friends who can trace their lineage back hundreds of years. I'm a fourth generation Malaysian.. If I am Bumiputra, why can’t they be, too? Clearly I have issues with the term.
I think the main reason why we still can’t achieve total unity is because of this 'Malay rights' concept. I'd rather 'Malay rights' be replaced by human rights. So unless we get rid of this Bumiputra status, or reform our views and policies on rights, we will never achieve unity.
For my merdeka wish, I'd like for Malaysians to have more voice, to be respected and heard. I wish that the government would uphold the true essence of parliamentary democracy. I wish for the people to no longer fear and discriminate against each other, to see that we are one and the same.
I wish that Malaysia would truly live up to the tourism spin of Malaysia truly Asia. Malaysians to lead - whatever their ethnic background. Only ONE NATIONALITY -MALAYSIAN. No Malays, No Chinese, No Indians - ONLY MALAYSIANS. Choose whatever religion one is comfortable with.
MERDEKA
MERDEKA
MERDEKA
The End of Civility?
A MASTERPIECE BY MARINA MAHATHIR
I had to remind myself many times that this was happening during Ramadan, when we are enjoined to exercise restrain. Did these people then go home and eat since surely their puasa was batal'd?
I grew up in Kedah and Kedahans, while not an overly formal people, put great store on courtesy and manners. Known for being gentle people, we were governed by many rules on how we behaved and spoke, particularly to our elders.
For instance, it was considered extremely impolite to refer to ourselves as 'saya' (I) when speaking to family members (including extended family members). 'Saya' was considered so formal as to be snobby, even arrogant. (The extremely informal 'aku' however was beyond the pale; you only use it among very close friends who are allowed to call you the very rough 'hang'). Correctly speaking, you have to refer to yourself always by name, or at least the diminutive version of it, or, as some very traditional Kedah women would, as 'Che' (pronounced 'Chek', not 'Chay') though this is considered very 'manja'. Thus you would say, "Che tak tau la sapa mai tadi pasai Che tak dak kat rumah." (I don't know who came just now because I was not home.)
Similarly, having to name one's parents posed great difficulties to the well-brought up Kedahan. Our parents' names were sacred, not to be bandied about. Perhaps it was a way of teaching us not to be arrogant about our family and origins. But if asked what our parents' names were, the reaction was often a certain amount of blushing and hand-wringing before a tiny voice finally whispered their names.
This was the way I grew up. And to this day I treat my elders with respect, even when I don't like them too much. I may now find it easier to refer to myself as 'saya' when I speak to someone in KL though I tend to retreat to the English 'I' when I can. Also, even 12 years after receiving my award from the Sultan of Selangor, I cannot bring myself to introduce myself by my title nor sign off anything but the most formal of letters with it.It's the Kedah way and what my parents taught me.
Not to say that Malays from other states are any less polite. We stick to many rules of courtesy. One of those I like is calling someone older than you 'Kak' or 'Abang' or 'Makcik/Aunty' or 'Pakcik/Uncle'.I still inwardly cringe when a young person calls me by my name although I have made it a rule that if they're over 25, they don't have to call me Aunty. And those who do call me Aunty aren't allowed to shout it out too loudly in public. But it's nice when, unbidden, young people easily address you as Kak or Aunty as a show of respect. It also tells you a lot about their upbringing.
Why am I talking about upbringing? It's really been prompted by that video I posted yesterday on the Shah Alam dialogue-turned-fracas. Over the years I have become aware that civility is really becoming uncool. People are rude everywhere, whether on the roads, in shops (you know, the ubiquitous and automatic 'no stock' without even bothering to look) or on the phone. Most of it is shrugged off as the daily irritations of city life and frankly sometimes on a bad day I can be curt too.
But one of the occasions in which I am never impolite is in a meeting. Over the years I have been in numerous meetings/dialogues/conferences/consultations, whatever you want to call them. They can be tedious, boring, frustrating and annoying. But it's never served anyone well to be rude in them. I have faced very vocal opponents in several meetings and have never yielded to the temptation of shouting back at them. In fact the louder they get, the calmer I become. My philosophy is, just because a point is shouted doesn't make it a better argument.
Which is why when I watched that video it was clear to me that those people had no intention of having any dialogue at all. What dialogue is there when all one person can say (or rather shout repeatedly) is 'Bangang!'. One bespectacled man takes the mike and starts off speaking normally enough and then suddenly spins into some sort of hysterical dance, much like a child stamping its foot when it doesn't get something it wants. Another man, in a songkok to denote piety perhaps, grabs the mike behind the panel and starts shouting incomprehensibly. Someone else apparently took off his shoes and showed it to the MB. Did his mother teach him that?
But the 'star' is the young man with the ponytail who is a tubby hurricane unto himself, shouting, waving, jumping up and down, rushing the panel, all the while not uttering a single comprehensible word that might advance his argument. I can almost picture how he drives his car.
I had to remind myself many times that this was happening during Ramadan, when we are enjoined to exercise restrain. Did these people then go home and eat since surely their puasa was batal'd?
It still puzzles me what the reason for not having the temple in their neighbourhood is. I was following the whole session on Twitter and apparently one woman claimed that having the temple there would cause house prices to fall and crime rates to rise. The logic of that escapes me. In my neighbourhood, there is a mosque, a temple and a church within shouting distance of one another and there is no problem, apart from the traffic jams and indiscriminate parking on Fridays. Although crime is a problem in my area, it can't be attributed to the presence of places of worship, and house prices have risen to ridiculous levels.
I did start to wonder though, is there no mosque in Section 23? Would they rather there be a mosque where the temple is to be? If so, why put it in a factory area?
Even so, what trouble would a temple bring except from these people themselves? In what way does it intrude into their lives? And as a friend pointed out, if being in the majority is the excuse not to have a place of worship of a minority faith, then there would be no mosques in America or Europe.
But back to the behaviour of these people, this is the most troubling part of it. These are the people on whom the government and the police base their arguments for not allowing demos or for using the ISA, notwithstanding the allegations that these are pro-BN people and that most probably they will never be hauled up. These are the examples pointed to when people say that demos can't be allowed because people can't control their emotions and behave rationally. These are the people held up as 'typical' Malaysians, a notion I find extremely insulting.
Even more ironically, these are the very same people who insist that we must keep the ISA, because they assume that everyone must behave like them in situations like this. That, just because they can't be trusted to discuss anything in a civilised manner, nobody else can either. They see the world entirely as mirrors of themselves, no matter how ugly that reflection. Or perhaps it's a distorted mirror they are looking at, where all their reflections come out beautiful.
We know that there are many people out there perfectly capable of intelligent, calm and rational discussion. In fact our culture dictates that that's how we conduct ourselves. Only a few people are predisposed to acting like neanderthals, whose idea of a good 'dialogue' is when the outcome has been predetermined to their advantage. Make no mistake, these types transcend race. But in this case, it is clear that the ugly ones are those who claim to represent my race and religion. I'm sorry but I refuse to be represented by them.
But the trouble is, the excuse for maintaining harsh laws will be these people. Just because a small number of people don't know how to behave, the rest of us are the ones who will have to suffer.
Already the Malaysian Comunications and Multimedia Commission (MCMC) has asked for these videos to be taken down. I suspect it's because it makes Malays look bad. Could there be a sense of shame after all? But the official excuse is that Indians will get offended. Well I'm sorry la, but every decent right-thinking Malaysian is offended, not just Indians. And for that decency, we are going to be punished.
God help us, Malaysia.
By:Marina Mahathir - Sunday, 06 September 2009 16:48
(Marina Mahathir is the daughter of Dr. Mahathir, our ex-PM)
I had to remind myself many times that this was happening during Ramadan, when we are enjoined to exercise restrain. Did these people then go home and eat since surely their puasa was batal'd?
I grew up in Kedah and Kedahans, while not an overly formal people, put great store on courtesy and manners. Known for being gentle people, we were governed by many rules on how we behaved and spoke, particularly to our elders.
For instance, it was considered extremely impolite to refer to ourselves as 'saya' (I) when speaking to family members (including extended family members). 'Saya' was considered so formal as to be snobby, even arrogant. (The extremely informal 'aku' however was beyond the pale; you only use it among very close friends who are allowed to call you the very rough 'hang'). Correctly speaking, you have to refer to yourself always by name, or at least the diminutive version of it, or, as some very traditional Kedah women would, as 'Che' (pronounced 'Chek', not 'Chay') though this is considered very 'manja'. Thus you would say, "Che tak tau la sapa mai tadi pasai Che tak dak kat rumah." (I don't know who came just now because I was not home.)
Similarly, having to name one's parents posed great difficulties to the well-brought up Kedahan. Our parents' names were sacred, not to be bandied about. Perhaps it was a way of teaching us not to be arrogant about our family and origins. But if asked what our parents' names were, the reaction was often a certain amount of blushing and hand-wringing before a tiny voice finally whispered their names.
This was the way I grew up. And to this day I treat my elders with respect, even when I don't like them too much. I may now find it easier to refer to myself as 'saya' when I speak to someone in KL though I tend to retreat to the English 'I' when I can. Also, even 12 years after receiving my award from the Sultan of Selangor, I cannot bring myself to introduce myself by my title nor sign off anything but the most formal of letters with it.It's the Kedah way and what my parents taught me.
Not to say that Malays from other states are any less polite. We stick to many rules of courtesy. One of those I like is calling someone older than you 'Kak' or 'Abang' or 'Makcik/Aunty' or 'Pakcik/Uncle'.I still inwardly cringe when a young person calls me by my name although I have made it a rule that if they're over 25, they don't have to call me Aunty. And those who do call me Aunty aren't allowed to shout it out too loudly in public. But it's nice when, unbidden, young people easily address you as Kak or Aunty as a show of respect. It also tells you a lot about their upbringing.
Why am I talking about upbringing? It's really been prompted by that video I posted yesterday on the Shah Alam dialogue-turned-fracas. Over the years I have become aware that civility is really becoming uncool. People are rude everywhere, whether on the roads, in shops (you know, the ubiquitous and automatic 'no stock' without even bothering to look) or on the phone. Most of it is shrugged off as the daily irritations of city life and frankly sometimes on a bad day I can be curt too.
But one of the occasions in which I am never impolite is in a meeting. Over the years I have been in numerous meetings/dialogues/conferences/consultations, whatever you want to call them. They can be tedious, boring, frustrating and annoying. But it's never served anyone well to be rude in them. I have faced very vocal opponents in several meetings and have never yielded to the temptation of shouting back at them. In fact the louder they get, the calmer I become. My philosophy is, just because a point is shouted doesn't make it a better argument.
Which is why when I watched that video it was clear to me that those people had no intention of having any dialogue at all. What dialogue is there when all one person can say (or rather shout repeatedly) is 'Bangang!'. One bespectacled man takes the mike and starts off speaking normally enough and then suddenly spins into some sort of hysterical dance, much like a child stamping its foot when it doesn't get something it wants. Another man, in a songkok to denote piety perhaps, grabs the mike behind the panel and starts shouting incomprehensibly. Someone else apparently took off his shoes and showed it to the MB. Did his mother teach him that?
But the 'star' is the young man with the ponytail who is a tubby hurricane unto himself, shouting, waving, jumping up and down, rushing the panel, all the while not uttering a single comprehensible word that might advance his argument. I can almost picture how he drives his car.
I had to remind myself many times that this was happening during Ramadan, when we are enjoined to exercise restrain. Did these people then go home and eat since surely their puasa was batal'd?
It still puzzles me what the reason for not having the temple in their neighbourhood is. I was following the whole session on Twitter and apparently one woman claimed that having the temple there would cause house prices to fall and crime rates to rise. The logic of that escapes me. In my neighbourhood, there is a mosque, a temple and a church within shouting distance of one another and there is no problem, apart from the traffic jams and indiscriminate parking on Fridays. Although crime is a problem in my area, it can't be attributed to the presence of places of worship, and house prices have risen to ridiculous levels.
I did start to wonder though, is there no mosque in Section 23? Would they rather there be a mosque where the temple is to be? If so, why put it in a factory area?
Even so, what trouble would a temple bring except from these people themselves? In what way does it intrude into their lives? And as a friend pointed out, if being in the majority is the excuse not to have a place of worship of a minority faith, then there would be no mosques in America or Europe.
But back to the behaviour of these people, this is the most troubling part of it. These are the people on whom the government and the police base their arguments for not allowing demos or for using the ISA, notwithstanding the allegations that these are pro-BN people and that most probably they will never be hauled up. These are the examples pointed to when people say that demos can't be allowed because people can't control their emotions and behave rationally. These are the people held up as 'typical' Malaysians, a notion I find extremely insulting.
Even more ironically, these are the very same people who insist that we must keep the ISA, because they assume that everyone must behave like them in situations like this. That, just because they can't be trusted to discuss anything in a civilised manner, nobody else can either. They see the world entirely as mirrors of themselves, no matter how ugly that reflection. Or perhaps it's a distorted mirror they are looking at, where all their reflections come out beautiful.
We know that there are many people out there perfectly capable of intelligent, calm and rational discussion. In fact our culture dictates that that's how we conduct ourselves. Only a few people are predisposed to acting like neanderthals, whose idea of a good 'dialogue' is when the outcome has been predetermined to their advantage. Make no mistake, these types transcend race. But in this case, it is clear that the ugly ones are those who claim to represent my race and religion. I'm sorry but I refuse to be represented by them.
But the trouble is, the excuse for maintaining harsh laws will be these people. Just because a small number of people don't know how to behave, the rest of us are the ones who will have to suffer.
Already the Malaysian Comunications and Multimedia Commission (MCMC) has asked for these videos to be taken down. I suspect it's because it makes Malays look bad. Could there be a sense of shame after all? But the official excuse is that Indians will get offended. Well I'm sorry la, but every decent right-thinking Malaysian is offended, not just Indians. And for that decency, we are going to be punished.
God help us, Malaysia.
By:Marina Mahathir - Sunday, 06 September 2009 16:48
(Marina Mahathir is the daughter of Dr. Mahathir, our ex-PM)
Thursday, June 18, 2009
LAGU HUJAN: SUDIRMAN ARSHAD
Hujan Hujan yang turun bagaikan mutiara
Berkilau bersinar berkerdipan
Subur menghijau bumi terbentang
Dan bayu berpuput lembut
Cinta yang bersemi Diwaktu hujan turun
Menyirami ketandusan hati
Dan hujan turut mengiringi
Engkau pergi...
Selembut hujan bercurahan
Begitulah cinta ini
Semesra bumi yang disirami
Begitulah hati ini
Hujan yang turun bersama air mata
Bersama pedih, bersama rindu
Kau datang dan kau pergi jua
Rindu lagi
Berkilau bersinar berkerdipan
Subur menghijau bumi terbentang
Dan bayu berpuput lembut
Cinta yang bersemi Diwaktu hujan turun
Menyirami ketandusan hati
Dan hujan turut mengiringi
Engkau pergi...
Selembut hujan bercurahan
Begitulah cinta ini
Semesra bumi yang disirami
Begitulah hati ini
Hujan yang turun bersama air mata
Bersama pedih, bersama rindu
Kau datang dan kau pergi jua
Rindu lagi
Lagu : Kau akan kembali: SUDIRMAN
Aku terima berita dari mu
Kau akan kembali seperti yang diduga
Bertahun berlalu kau berada dirantauan
Kau akan kembali ke pangkuan ibunda
Sawah terbentang dan padi menguning
Daun nyiur melambai angin timur membelai
Riak air di kali bagaikan bersedia
Membasuhi tubuh mu dari debuan kota
Sayup-sayup terdengar merdu suara seruling
Mendendangkan lagu anak desa
Kau pergi dahulu keranan dah jemu
Kau telah impikan satu hidup baru
Pahit manis seorang kembara
Segalanya telah kau rasa
Desa nan permai setia menunggu
Tiada bezanya seperti masa dulu
Namun kami semua tiada pernah jemu
Segalanya indah selalu
Kau akan kembali seperti yang diduga
Bertahun berlalu kau berada dirantauan
Kau akan kembali ke pangkuan ibunda
Sawah terbentang dan padi menguning
Daun nyiur melambai angin timur membelai
Riak air di kali bagaikan bersedia
Membasuhi tubuh mu dari debuan kota
Sayup-sayup terdengar merdu suara seruling
Mendendangkan lagu anak desa
Kau pergi dahulu keranan dah jemu
Kau telah impikan satu hidup baru
Pahit manis seorang kembara
Segalanya telah kau rasa
Desa nan permai setia menunggu
Tiada bezanya seperti masa dulu
Namun kami semua tiada pernah jemu
Segalanya indah selalu
Wednesday, June 17, 2009
A GRAVE DISTORTION OF THE MALAYSIAN CONSTITUTION
In a written judgment by Justice Nik Hashim Nik Rahman, the Federal Court empowers the Election Commission (EC) to over-rule the Speaker over the resignations of the three ‘independents’ in Perak and declares these assemblymen continue to stay as assemblymen.
This judgment, released on June 15 - 67 days after the oral judgment was given by the panel of five judges on April 9 - is flawed on two scores.
First, the court has misinterpreted the Constitution to wrongly declare the EC – instead of the Speaker – as the authority to decide whether a resignation in the legislature should be accepted.
Second, even if the court is correct in giving the EC the role of the final arbiter in respect of resignations in a legislature (which is decidedly wrong in law), the court has no business to declare the three 'independents' remain as assemblymen.
The kingpin of the court’s argument is Article 36(5) of the Perak Constitution, which reads: "A casual vacancy shall be filled within 60 days from the date on which it is established by the Election Commission that there is a vacancy.
"Pouncing on the word "established" as conferring an executive power to deliberate on the legality of the resignation of a legislator, Nik Hashim asserts that "the Election Commission has the right to enquire into any matter relating to the purported resignation."
He further states that "Under Article 35 of the Perak Constitution, the Speaker’s role is limited to receiving the written resignation letter of the assemblyman and forwarding the same to the Election Commission, which will then by its own procedure determine whether a casual vacancy has arisen or not". (Article 35 reads: "A member of the Legislative Assembly may resign his membership by writing under his hand, addressed to the Speaker.").
If Nik Hashim's interpretation of the Constitution is correct, hasn't our poor Speaker been reduced to a mere messenger boy for the EC whenever a resignation in the Assembly or dispute arising wherefrom crops up?
Founding fathers not dim-witted
Surely our founding fathers and the crafters of our Constitution, which is built on the principle of separation of power, could not be so dim-witted as to allow such piece of nonsensical legislation to slip through their fingers?
Actually there is nothing wrong with the legislation. The problem is with the interpreter of the constitution. Nik Hashim has obviously misconceived the real function of the word "established".
Interpreting it out of context, he conjures up powers to the EC that are not intended and non-existent in the Constitution.
Any experienced reader of the constitution should be able to discern that Clause 5 of Article 36 of the Perak Constitution was intended to stipulate that a casual vacancy must be filled when it arises, and that it must be filled within a certain period.
The word “established” is used in the context of defining the 60-day period within each the vacancy must be filled, and not to be used as implying the granting of executive power to the EC to micromanage the mechanism of an act of resignation in a legislature.
If it is intended that the EC be given such an important function as manager and final arbiter of resignations in a legislature, is it conceivable that the crafters of the our constitution had camouflaged it in such cavaliar fashion, and not expressly spelling out the details under a separate clause?
In fact, it is equally inconceivable that our founding fathers could have agreed to such provision due to its fundamental contradiction with the doctrine of separation of power.
In Malaysia, and in fact in legislatures all over the democratic world, it is always the Speaker who scrutinises and acts upon the resignation of a legislator, and should there be any dispute which the Speaker could not resolve, the Assembly will act as the final authority to settle the outstanding issues.
In the worst scenario where criminality is alleged, such as forged signature or undue coercion, the aggrieved party can always seek redress through the courts. But under no circumstances should the EC involve itself in any such matter which is deemed the exclusive domain of the assembly, outside the jurisdiction of not only the EC but also the courts. The latter could only come in, if there is incidence of criminal elements.
EC’s hollow authority
Nik Hashim may be technically correct when he rules that “the Election Commission is the rightful entity which establishes if there is casual vacancy of the State Legislative Assembly seat”, but such function to “establish” vacancy is a hollow authority – a mere formality to announce a vacancy upon notification from the Speaker of a resignation, as the bulk of action in a resignation takes place at the Speaker’s end, not at the EC.
When the Speaker receives a letter of resignation, he scrutinises its authenticity, and satisfies himself that the resignation is genuine before accepting it. And upon his notification to the EC to this effect, the legal act of resignation is deemed complete. And since the EC has no legal power under the Constitution or any law to undo this resignation, it should treat the Speaker’s notification as legal command to fulfill his constitutional obligation to declare a vacancy and a by-election date.
In the Perak case, the EC had clearly acted ultra vires the constitution when it rejected the Speaker’s decision and refused to conduct by-elections.
The current Federal Court judgment endorsing such unconstitutional act has caused a grave distortion to our Constitution and opened the floodgate for potential interference by EC into issues of resignations in our legislatures including parliament.
This judgment must therefore be promptly reversed through a judicial review to avert permanent damage to our system of government under the principle of separation of power.
I have said at the beginning of this article that the Federal Court has no business to declare that the status of the three ‘independents’ be maintained as assemblymen. This is due to the fact that this court hearing is just to interpret the meaning of the Constitution pertaining to the EC’s power in respect of the resignation of a legislator, and not to look into the legality of the specific act that the EC had taken in respect of the resignations of the three ‘independents’ in the Perak Assembly. As such, the Federal Court has no legal basis to make declarations that the assemblymen status of the three ‘independents’ be maintained. That decision is up to the High Court in Ipoh, where such litigation is still on going.
BY: KIM QUEK FOR MALAYSIAKINI, 17TH JUNE 2009
This judgment, released on June 15 - 67 days after the oral judgment was given by the panel of five judges on April 9 - is flawed on two scores.
First, the court has misinterpreted the Constitution to wrongly declare the EC – instead of the Speaker – as the authority to decide whether a resignation in the legislature should be accepted.
Second, even if the court is correct in giving the EC the role of the final arbiter in respect of resignations in a legislature (which is decidedly wrong in law), the court has no business to declare the three 'independents' remain as assemblymen.
The kingpin of the court’s argument is Article 36(5) of the Perak Constitution, which reads: "A casual vacancy shall be filled within 60 days from the date on which it is established by the Election Commission that there is a vacancy.
"Pouncing on the word "established" as conferring an executive power to deliberate on the legality of the resignation of a legislator, Nik Hashim asserts that "the Election Commission has the right to enquire into any matter relating to the purported resignation."
He further states that "Under Article 35 of the Perak Constitution, the Speaker’s role is limited to receiving the written resignation letter of the assemblyman and forwarding the same to the Election Commission, which will then by its own procedure determine whether a casual vacancy has arisen or not". (Article 35 reads: "A member of the Legislative Assembly may resign his membership by writing under his hand, addressed to the Speaker.").
If Nik Hashim's interpretation of the Constitution is correct, hasn't our poor Speaker been reduced to a mere messenger boy for the EC whenever a resignation in the Assembly or dispute arising wherefrom crops up?
Founding fathers not dim-witted
Surely our founding fathers and the crafters of our Constitution, which is built on the principle of separation of power, could not be so dim-witted as to allow such piece of nonsensical legislation to slip through their fingers?
Actually there is nothing wrong with the legislation. The problem is with the interpreter of the constitution. Nik Hashim has obviously misconceived the real function of the word "established".
Interpreting it out of context, he conjures up powers to the EC that are not intended and non-existent in the Constitution.
Any experienced reader of the constitution should be able to discern that Clause 5 of Article 36 of the Perak Constitution was intended to stipulate that a casual vacancy must be filled when it arises, and that it must be filled within a certain period.
The word “established” is used in the context of defining the 60-day period within each the vacancy must be filled, and not to be used as implying the granting of executive power to the EC to micromanage the mechanism of an act of resignation in a legislature.
If it is intended that the EC be given such an important function as manager and final arbiter of resignations in a legislature, is it conceivable that the crafters of the our constitution had camouflaged it in such cavaliar fashion, and not expressly spelling out the details under a separate clause?
In fact, it is equally inconceivable that our founding fathers could have agreed to such provision due to its fundamental contradiction with the doctrine of separation of power.
In Malaysia, and in fact in legislatures all over the democratic world, it is always the Speaker who scrutinises and acts upon the resignation of a legislator, and should there be any dispute which the Speaker could not resolve, the Assembly will act as the final authority to settle the outstanding issues.
In the worst scenario where criminality is alleged, such as forged signature or undue coercion, the aggrieved party can always seek redress through the courts. But under no circumstances should the EC involve itself in any such matter which is deemed the exclusive domain of the assembly, outside the jurisdiction of not only the EC but also the courts. The latter could only come in, if there is incidence of criminal elements.
EC’s hollow authority
Nik Hashim may be technically correct when he rules that “the Election Commission is the rightful entity which establishes if there is casual vacancy of the State Legislative Assembly seat”, but such function to “establish” vacancy is a hollow authority – a mere formality to announce a vacancy upon notification from the Speaker of a resignation, as the bulk of action in a resignation takes place at the Speaker’s end, not at the EC.
When the Speaker receives a letter of resignation, he scrutinises its authenticity, and satisfies himself that the resignation is genuine before accepting it. And upon his notification to the EC to this effect, the legal act of resignation is deemed complete. And since the EC has no legal power under the Constitution or any law to undo this resignation, it should treat the Speaker’s notification as legal command to fulfill his constitutional obligation to declare a vacancy and a by-election date.
In the Perak case, the EC had clearly acted ultra vires the constitution when it rejected the Speaker’s decision and refused to conduct by-elections.
The current Federal Court judgment endorsing such unconstitutional act has caused a grave distortion to our Constitution and opened the floodgate for potential interference by EC into issues of resignations in our legislatures including parliament.
This judgment must therefore be promptly reversed through a judicial review to avert permanent damage to our system of government under the principle of separation of power.
I have said at the beginning of this article that the Federal Court has no business to declare that the status of the three ‘independents’ be maintained as assemblymen. This is due to the fact that this court hearing is just to interpret the meaning of the Constitution pertaining to the EC’s power in respect of the resignation of a legislator, and not to look into the legality of the specific act that the EC had taken in respect of the resignations of the three ‘independents’ in the Perak Assembly. As such, the Federal Court has no legal basis to make declarations that the assemblymen status of the three ‘independents’ be maintained. That decision is up to the High Court in Ipoh, where such litigation is still on going.
BY: KIM QUEK FOR MALAYSIAKINI, 17TH JUNE 2009
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