Opposition suit against the law, EC deputy chief says

By Mohd Farhan Darwis
July 15, 2013

A defiant Election Commission deputy chairman Datuk Wan Ahmad Wan Omar said a suit filed in the High Court today to nullify GE13 results is unconstitutional.

He said the action by the opposition parties and several candidates who lost in the election went against Article 118 as only an election court could reverse the decision made through the ballot box.

"Their action is well outside the legal line. Only through an election petition can the court act but I leave it to the judiciary," Wan Ahmad told The Malaysian Insider.

Article 118 provides that no election to the Dewan Rakyat and state assemblies could be questioned unless by way of a petition to an election court.

Wan Ahmad said the plaintiffs had the liberty to do what they liked as they had obtained legal advice.

"They should not claim the court was unfair when it makes a decision," he said with a chuckle

In its suit filed today, Pakatan Rakyat (PR) wants the High Court to set aside results of all 222 parliamentary seats, disband the discredited Election Commission and order fresh elections.

This route was taken because the indelible ink fiasco caused massive cheating, destroyed the integrity of the election, and deprived the opposition pact of a legitimate opportunity to form the federal government of Malaysia, PR said in its suit.

It noted that some 30 parliamentary seats were lost by PR by fewer than 10 per cent of the votes.

The plaintiffs, PKR, DAP and PAS, also went for the seven EC members.

They are its chairman Tan Sri Abdul Aziz Mohd Yusof, Wan Ahmad and members Datuk Mohamad Ramji Ali, Datuk Dr P Manogran, Datuk Christopher Wan Soo Kee, Datuk Md Yusop Mansorn and Abdul Aziz Khalidin.

Each of them is being sued in their personal capacity and will have to pay exemplary damages if they lose.

In addition to the three Pakatan Rakyat parties, other plaintiffs to this action are opposition candidates Dzulkefly Ahmad, M. Manogaran, Saifuddin Nasution, Arifin Rahman and R. Rajoo, who all lost by narrow margins.

The plaintiffs argued that Abdul Aziz  and Wan Ahmad are accustomed to accepting instructions from the prime minister and cabinet members, thereby shattering any semblance of neutrality.- July 15, 2013.

Will there be justice for Sabah?

Mon, 19 Aug 2013 16:45:00 GMT | By Kee Thuan Chye

BLOG: Will there be justice for Sabah?

Prior to the RCI, we had heard rumours and allegations of identity cards being given to illegal immigrants, under what has been called Project IC or Project M, so that they could vote for the ruling Barisan Nasional (BN) and keep it in power, but hearing it now from the mouths of people involved in the project confirms our fear that our country’s citizenships have indeed been given away cheaply and illegally. 

 The recent testimonies at the Royal Commission of Inquiry (RCI) on illegal immigrants in Sabah have certainly been revealing – to some of us, shocking.

To be sure, prior to the RCI, we had heard rumours and allegations of identity cards being given to illegal immigrants, under what has been called Project IC or Project M (after ex-prime minister Mahathir Mohamad), so that they could vote for the ruling Barisan Nasional (BN) and keep it in power, but hearing it now from the mouths of people involved in the project confirms our fear that our country’s citizenships have indeed been given away cheaply and illegally.

One of the witnesses, former Sandakan chief district officer Hassnar Ebrahim who first gave out forms in 1981 to Filipino and Indonesian illegal immigrants to allow them to apply for ICs, gave damning indication that Mahathir must have given his approval to the project because an enterprise of such a magnitude would have required it.

Besides, Hassnar said he attended a “secret meeting” in the 1980s that involved officers from the Prime Minister’s Department, the Immigration Department and the police, and at this meeting, then home affairs minister Megat Junid Megat Ayub said Mahathir had approved the project.

It was proposed that 130,000 to 150,000 names be added to the Sabah electoral roll to boost the Muslim vote. Although there were protests from one of the officers present, the proposal was passed. Hassnar himself was given 30,000 HNR3 forms to take back to Sabah. These forms were for the immigrants to apply for blue ICs.

Another witness, former banker Mat Swadi Awi, gave startling testimony when he revealed that he was the “grand designer” of the exercise conducted from 1987 to 1990 to distribute voters throughout Sabah who would vote for United Sabah National Organisation (Usno), a BN component party, with the aim of toppling the Parti Bersatu Sabah (PBS) government.

He did this in response to a personal request from then Usno president Datu Mustapha Datu Harun – with the consent of Megat Junid. They both told him that Mahathir knew about the plan and had given his approval.

The plan was to increase the number of Malay and Muslim voters in strategic constituencies by deploying to these places immigrants who already had either fake or genuine Malaysian documents, as well as Malaysian citizens from Peninsular Malaysia and those serving in Sabah.

Mat Swadi said he selected a total of 20,000 names. Of these, one-third comprised Malaysian citizens and the rest were immigrants.

What did he do with these names? Here’s the punchline – he gave them to the Election Commission (EC) to be registered as voters in those constituencies. The EC! The body that is supposed to be independent and neutral colluded in this sinister exercise!

Also, according to Mat Swadi, the National Registration Department (NRD) helped by identifying who among the immigrants should be Malaysianised and then supplying the data to him.

The terrifying thing that emerges from these testimonies is that the various branches of authority were in it together. The police, the NRD, the Immigration Department, the EC were allegedly in on the scheme. As Mat Swadi said, “You would not get the approval for (the issuance of the ICs and their registration in electoral rolls) without the involvement of the agencies concerned.”

And, according to Hassnar, even Biro Tata Negara (BTN), which comes under the Prime Minister’s Department, was involved in registering illegal immigrants as voters after they had secured their blue ICs. This makes it sound all the more that the whole project would have been a government conspiracy. And what was it all for?

From what we’ve heard throughout the RCI, it was all for the purpose of increasing Malay-Muslim power in Sabah in order to oust the Kadazandusun-dominated PBS and keep it out … well, forever.

The alleged motive is political engineering at its most repulsive. Hassnar said the then Sabah NRD director Sani Abdullah refused to join the secret meeting chaired by Megat Junid. Sani said “this was treason and it would cause a disaster”. As it has turned out, Sani was right.

It is treason. And it is a disaster. Malaysian-born Sabahans are now swamped by the foreigners who were given citizenships.

Hassnar observed that “these foreigners are even taking over native land that belonged to the original Bumiputera Sabahans”. He also spoke of a Bugis immigrant who came to assume the name of Sabahan Halim Ahmad who had died without his death having been reported to the authorities. The Bugis used Halim’s birth certificate to apply for a blue IC in 2009. It was approved by the NRD. Today, this man allegedly controls illegal gambling dens in Sandakan.

It would seem that unlike Singapore, which has been opening its doors to foreigners in order to attract the best talents, we have been attracting the dregs of society.

What should be done about the situation? Clearly, the absorption of illegal immigrants into the Sabah citizenry has been a problem for genuine Sabahans for a long time, and many of them have been hoping that the RCI will finally address the problem with genuine seriousness in order to solve it. But will it prove to do that?

And will the current federal government, regardless of what the RCI panel eventually recommends, do what really needs to be done to once and for all correct the wrong and the injustice the past federal governments have inflicted on the people of Sabah?

As early as last year, the Sabah Progressive Party (SAPP), now in the Opposition, proposed the issuing of Sabahan identity cards only to those qualified to be Malaysians in order to safeguard the rights of genuine Sabahans.

Then in March this year, Bernard Dompok, president of BN component party United Pasokmomogun Kadazandusun Murut Organisation (Upko), asked for all ICs issued in Sabah to be recalled and reissued to only those identified as genuine Sabahans, so as to weed out those who obtained theirs through dubious means.

Two other Sabah BN parties, PBS and Parti Bersatu Rakyat Sabah (PBRS), joined in to support the idea.
It was, however, rejected by then Minister in the Prime Minister’s Department Nazri Aziz, who said it would be difficult to be implemented and there would be legal implications.

He could be right. Now that the camel has been allowed into the tent, how do we coax it to leave? How will we clean the Augean stables that has proven to be a herculean task?

Just on a simplistic level, we could consider that many of the illegal holders are now running businesses in the state. Some, like the Bugis posing as Halim Ahmad, are probably controlling illegal syndicates. Try taking the ICs away from them and see what their reactions would be.

Even so, the right thing has to be done. Apart from that, the result of the heinous action of giving away the ICs has been tantamount to selling the country to foreigners. It is outright treason. And that demands punishment.

We revoked the permanent residence status of a Singaporean because he allowed a group of Singaporean Buddhists to meditate in a surau. What should we do to people who sell our country?

 Source: http://news.malaysia.msn.com/community/blogs/blog-will-there-be-justice-for-sabah

Revisiting the “unity government” idea in Malaysia

BY ZULKIFLI SULONG, FEATURES AND ANALYSIS EDITOR
August 14, 2013
Latest Update: August 14, 2013 08:28 pm

 

After campaigning tirelessly in several by-elections before 2013, PAS president Datuk Seri Abdul Hadi Awang was featured in political weekly Siasah in a front-page report headlined "Country without Opposition".

In an exclusive interview at his Parliament office, the PAS leader had suggested setting up of a unity government although his Pakatan Rakyat (PR) scored the biggest upset in Election 2008, winning 82 seats.

"This government is one without an opposition and is formed with the involvement of all political parties, working for a common good of the country.

"He suggested taking the cue from the unity government of Indonesia's Habibie after the Suharto regime was brought down," Siasah reported.

But Hadi's suggestion was met with resistance from within his own party, and was labelled as an attempt to unite PAS and Umno, for the sake of Malays and Islam.

It was based on the political scenario at that time, which saw certain people in the PAS leadership wanting to form a government with Umno.

However, none of the proponents of the idea are in PAS now.

Yet, until today, there are those in PAS who still fear the idea, labeling those who support it as the "unity government gang" especially leaders from Terengganu.

But the PAS presidnent's statement then was clear, the unity government needed to involve all parties in both the Barisan Nasional (BN) and Pakatan Rakyat (PR).

In the past few months, the idea of a unity government is rearing its head again, but from the BN's side, especially among supporters of Prime Minister Datuk Seri Najib Razak, as first reported by The Malaysian Insider.

It is understood that he had sent feelers to PR chief Datuk Seri Anwar Ibrahim through some representatives. Anwar has confirmed it in an interview with the Asia Sentinel portal.

However, this unity government proposal is quite different from Hadi's idea.

It is Najib's offer to Anwar to form a government together, by way of bringing Anwar and his supporters into the current administration.

PKR leaders say Najib is offering the post of deputy prime minister to Anwar, and for four key party leaders to be made ministers.

The irony is Anwar used to be the deputy prime minister to Tun Dr Mahathir Mohamad until he was sacked in 1998.

"Datuk Seri Anwar rejected the suggestion because he does not want to leave his Pakatan friends behind,"  Datuk Saifudin Nasution Ismail (pic) told The Malaysian Insider before the Hari Raya holidays.

According to Saifudin, Najib had tried to meet Anwar in his two visits to Indonesia in June, but Anwar avoided it.

"Anwar arrived in Indonesia a few days before Najib. They were supposed to meet in the airport when Anwar was to leave for Malaysia and Najib had just arrived in Indonesia.

"However, Anwar avoided it by going into the aircraft 15 minutes earlier," Saifudin said.

Why does Najib want a unity government with Anwar?

According to the Asia Sentinel, "This is Najib's effort to start a new court to fight Dr Mahathir, who has allowed bloggers under his control to attack the 'wounded prime minister'."

In short, Najib needs help to protect his position from being continuously attacked by Dr Mahathir, who is unhappy with the prime ministers whho succeeded him when he retired in 2003.

"Before this Tun Abdullah (Ahmad Badawi) was the victim. Now its Najib's turn. So before being attacked further, Najib can say 'I have other options'," it added.

What do others say about this plan?

When the idea was brought by the PAS president after the 2008 general election, half of the leaders in the Islamist party rejected it.

To them, it was akin to "bringing in the ambulance to save a dying BN".

This was because many were convinced the BN government would be unseated in GE13.

But some were thinking, what is wrong with a unity government. Despite getting the 51% popular vote, the opposition had lost in GE13. Election petitions have also failed.

"It's better to work from the inside," said a book publisher who has published many pro-opposition books in the capital city.

Yet, those who were attacked over the "unity government agenda" before are now not comfortable with the idea.

They are questioning why it was shot down when Hadi brought it up, but it is gathering support now when Anwar is involved.

The only comfort for PR leaders is that the talks are still in the early stages and it is too soon to see the direction of a unity government with Najib and Anwar. Especially after Hadi's failed attempt. - August 14, 2013.

Crime is Up, Cops are Down

By Kee Thuan Chye | Tue, 30 Jul 2013 16:30:00 GMT
MSN Malaysia

Hineous crimes such as the recent murder of Hussain Ahmad Najadi makes us think that the police are getting less and less efficient at curbing crime. In fact, the crime rate seems to be going up and up, but until lately, the Government was denying it.

ay after day, we keep getting reports of break-ins, muggings and robberies. Even of diners at popular restaurants falling victim to marauding gangs.

All this makes us think that the police are getting less and less efficient at curbing crime. In fact, the crime rate seems to be going up and up, but until lately, the Government was denying it.

In June 2012, the then home minister, Hishammuddin Hussein, said the crime rate was going down, and that if people thought it was going up instead, it was merely their “perception”. He was lambasted for his condescending comment.

One month later, the Government got its Performance Management and Delivery Unit (Pemandu) to come out with statistics claiming that the crime index had dropped by 10 per cent for the first half of 2012, along with an 11 per cent reduction in 2011. It also reported a striking 39.7 per cent drop in street crime.

read more:

http://blog.limkitsiang.com/2013/08/12/crime-is-up-cops-are-down/#more-24957

Pluralism is not a dirty word

by Azrul Mohd Khalib
The Malay Mail Online
Aug 12, 2013

AUG 12 — While I was listening to the Hari Raya Aidilfitri sermon at the National Mosque the other day, I was struck by its gloomy, depressing and combative tone. Rather than a message of celebration and rejoicing at the achievements represented by the conclusion of the holy month of Ramadan, the sermon was one which spoke in strident tones about the enemies of the faith, and attacks and threats to the ummah.

One of the elements identified in the sermon as being a threat to Islam (along with secularism and feminism, strangely enough) was pluralism.

Somehow, in less than 10 years, pluralism has become from being a proud attribute of multicultural and multi-ethnic Malaysia to one that has been vilified and has left certain people trembling in their boots.

In case anyone is unsure, the Oxford dictionary defines pluralism as being a condition or system in which two or more states, groups, principles, sources of authority, etc., co-exist. In the context of Malaysia, a condition in which numerous distinct ethnic, religious or cultural groups are present and tolerated within a society. 

read more:http://blog.limkitsiang.com/2013/08/12/pluralism-is-not-a-dirty-word/#more-24959