#1MDB: Investigations Undermined In Malaysia

Swiss body confiscates RM400m in illegal profits from BSI Bank

Published by Malaysiakini on 25 May 2016.

Swiss Financial Market Supervisory Authority (Finma), which identified serious lapses by BSI Bank in its dealing with accounts linked to 1MDB, announced the confiscation of almost RM400 million in profits generated by the bank. "The serious breaches of supervisory law linked to the client relationships the bank maintained over the period under investigation enabled it to charge high fees."

As part of the Swiss investigation into 1MDB, it found funds being transferred across a client group which controlled over 100 accounts at BSI Bank. The transfer was facilitated by BSI Bank without proper due diligence even in instances where there were clear indications of money laundering.

Read more here: https://www.malaysiakini.com/news/342869

Malaysia’s Probe Into 1MDB Fund Was Flawed

By Tom Wright & Bradley Hope. Published by Wall Street Journal on 26 May 2016.

Investigations ordered by Malaysia’s leader into graft allegations at a state-development fund have been undermined by political pressure and a lack of transparency, according to documents and interviews with people involved.

Read more here: 

http://www.wsj.com/articles/in-malaysian-1mdb-probes-some-evidence-wasnt-examined-1464295749

Speaker rejects motion to make A-G report on 1MDB public

By Ram Anand. Published by Yahoo! News on 26 May 2016.

Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia today rejected a motion by Opposition Leader Datuk Seri Dr Wan Azizah Wan Ismail to publicly reveal the Auditor-General’s (A-G) report on 1Malaysia Development Berhad (1MDB).

Pandikar said Dr Wan Azizah’s motion cannot be decided in the second parliamentary chamber pursuant to Standing Order 18(1), but instead needs a decision from the House.

The second chamber, which was set up recently to debate and discuss emergency motions, was part of the string of reforms to the Parliament institution.

"I regret the rejection of my motion as it involves public interest," Dr Wan Azizah said in response to the decision during a press conference at the Parliament lobby.

"Until today, the 1MDB scandal has not been answered properly either through PAC, or official government answers," she added.

Read more here:

https://sg.news.yahoo.com/speaker-rejects-motion-g-report-1mdb-public-050800337.html?soc_src=social-sh&soc_trk=tw

Malaysia’s central bank closes its investigation after 1MDB pays fine

Published by Today Online on 26 May 2016.

Malaysia’s central bank, Bank Negara Malaysia (BNM), announced on Thursday (May 26) that it has closed its investigations into the troubled 1Malaysia Development Berhad (1MDB) after the state investment firm paid a fine imposed by BNM for non-compliance with local financial regulations.

“As far as we are concerned, 1MDB has paid their compound and with that, that is the conclusion of our investigation within Bank Negara Malaysia’s rules and regulations and the law that we administer,” newly-­appointed BNM governor Muhammad Ibrahim told the Malaysian media on the sidelines of the 20th Malaysian Banking Summit.

Read more here:

http://www.todayonline.com/world/asia/case-closed-1mdb-bank-negara-says-despite-swiss-bsi-bank-probe?utm_source=twitterfeed&utm_medium=twitter

CIMB Clears Chairman of Wrongdoing Over Malaysia Political Funds

By Shamim Adam. Published by Bloomberg on 18 May 2016.

CIMB Group Holdings Bhd. cleared Chairman Nazir Razak of misusing his position or the bank’s resources when he helped his brother -- Malaysia’s prime minister -- distribute funds to politicians before elections three years ago.

Nazir will resume his post at CIMB Group and as a director of CIMB Bank from Thursday after taking a monthlong leave of absence, according to a stock exchange filing. The boards of the two companies appointed Ernst & Young to conduct an audit into Nazir’s activities and sought independent legal advice, they said.

The Wall Street Journal reported in March that Nazir received about $7 million from his brother Najib Razak’s accounts ahead of elections in 2013, and passed the money to politicians in the ruling party. Nazir told the paper the money that entered his account was distributed in accordance with instructions from party leaders, and he believed it came from donations he helped solicit from Malaysian companies and individuals.

The audit found Nazir "did not misuse his position as the Group Chief Executive at that time nor was there any inappropriate use of the bank’s resources," CIMB said in the statement.

Read more here:

http://www.bloomberg.com/news/articles/2016-05-18/cimb-clears-chairman-of-wrongdoing-over-malaysia-political-funds

PAS rep files motion against PAC chief over 1MDB report edits

By Kamles Kumar. Published by Malay Mail Online on 26 May 2016.

PAS MP Datuk Mahfuz Omar has submitted a motion to refer Public Accounts Committee (PAC) chairman Datuk Hasan Arifin to the Rights and Privileges Committee over his removal of two paragraphs from the panel’s 1Malaysia Development Berhad (1MDB) report.

The Pokok Sena MP alleged that Hasan had edited the PAC report without the knowledge of the panel’s members. "I have put in a motion about Hasan because he edited the PAC report on April 7 without the knowledge of other PAC members... This is very unbecoming of a member of Parliament and action should be taken against him," he told reporters outside the Dewan Rakyat today.

Read more here:

http://www.themalaymailonline.com/malaysia/article/pas-rep-files-motion-against-pac-chief-over-1mdb-report-edits?utm_source=twitterfeed&utm_medium=twitter

Jangan Mempolitikkan Pelaksanaan Undang-undang

PUTRAJAYA, 20 Mei (Bernama) — Menteri Dalam Negeri Datuk Seri Dr Ahmad Zahid Hamidi mengingatkan pemimpin pembangkang supaya tidak mempolitikkan segala pelaksanaan dan tindakan pihak berkuasa dalam usaha memelihara keamanan dan kesejahteraan negara.

Pihak berkenaan boleh menghadapi risiko besar sekiranya terus berbuat demikian, katanya pada sidang media selepas memulakan tugas hari pertama sebagai menteri dalam negeri.

“(Penasihat DAP) Lim Kit Siang dan (Setiausaha Agung DAP) Lim Guan Eng harus membezakan antara objektif politik, langkah politik dengan pelaksanaan undang-undang. Jangan mempolitikkan segala pelaksanaan undang-undang yang dilaksanakan oleh IGP (ketua polis negara) atau lain-lain agensi yang berada di bawah KDN,” katanya.

Ahmad Zahid berkata ketua polis negara, ketua-ketua jabatan dan agensi di bawah KDN, diberi kuasa sepenuhnya bagi melaksanakan tugas dan tanggungjawab mereka mengikut bidang kuasa masing-masing, tanpa campur tangan politik.

Sebarang tindakan yang dilakukan di bawah KDN tidak boleh dianggap sebagai tindakan bermotifkan politik, tetapi berlandaskan kepada asas-asas perundangan yang sedia ada, katanya.

Beliau mengingatkan bahawa kerajaan tidak lagi memberi amaran, sebaliknya akan mengambil tindakan tegas terhadap mana-mana pihak yang bertindak di luar batasan menjejaskan ketenteraman awam negara.

“Kami tidak akan berkompromi untuk mengambil tindakan sebagaimana yang termaktub dalam undang-undang, akta dan enakmen yang sedia ada, katanya.

Menyentuh kenyataan pemimpin-pemimpin pembangkang berhubung beberapa perkara berkaitan kenyataan beliau baru-baru ini, soal perundangan, pilihan raya dan sebagainya, Ahmad Zahid berkata perkara itu boleh dipertikai di Parlimen.

“Sebagai orang politik, kita berjumpa di gelanggang politik, gelanggangnya bukan di jalanan, bukan di padang terbuka, tetapi di Dewan Rakyat. Jangan gunakan forum di tempat lain,” jelas beliau.

Ahmad Zahid turut membidas Ketua Umum PKR Datuk Seri Anwar Ibrahim yang meminta beliau supaya tidak menjadikan negara ini seperti milik keluarganya

“Negeri ini pun bukan negeri bapa dia punya. Memang bukan (milik) bapa saya. Ini (pun) bukan negeri bapa dia,” katanya.

Anggota Parlimen Bagan Datoh itu dibidas kerana membuat kenyataan menggesa mereka yang tidak berpuas hati dengan keputusan pilihan raya di Malaysia supaya berhijrah ke negara di mana mereka boleh mempraktikkan kepercayaan politik mereka.

Ahmad Zahid juga berkata bagi memastikan pelaksanaan KDN berjalan lancar, cadangan, pandangan dan kerjasama padu daripada semua pihak dialu-alukan, selain kritikan dan teguran.

“Kami perlukan sokongan dan dukungan daripada masyarakat keseluruhannya, ini termasuk pemimpin-pemimpin politik, sama ada dalam kerajaan mahupun di luar kerajaan, NGO, individu dan institusi.

“Bukan sekadar memberikan maklum balas, aduan atau rungutan tetapi memberikan cadangan dan kerjasama kepada apa yang sedia ada dalam perundangan,, peruntukan yang digaris pandukan. Ia bukan untuk kepentingan politik kami,” katanya...

Asal berita :

http://www.bernama.com/bernama/v7/newsindex.php?id=950863

Malaysia faces the risk of public protests if results for the general election lead to suspicion

Down at the airport is where it is happening with the Malaysian elections right now.

Secret flights are heading out loaded with cash.

Meanwhile overloaded chartered jets are flying in crowded with foreign workers, suspected of being dragooned into voting for BN.

It would appear that the rats are leaving the sinking ship, while the PM is still desperately trying to win this election “at any cost”.

Read more here:

http://www.sarawakreport.org/2013/05/down-at-the-airport/

Press Statement by Anwar Ibrahim on air shipping voters into KL:
http://anwaribrahimblog.com/

For evidence provided by PKR on shipping voters into KL:

https://www.dropbox.com/s/8lgn2yem5utvyrf/attachment1.pdf

https://www.dropbox.com/s/2nvjeot9xhjzjf3/attachment2-1.pdf

Malaysia faces the risk of public protests over the accuracy of results from the May 5 national election after an opposition-backed group cited evidence of vote buying and bias by the official ballot oversight agency.


The Coalition for Clean and Fair Elections, known as Bersih, has captured vote-buying on video and received complaints ranging from improper electoral rolls to government abuse of state-run media, according to co-chairwoman Ambiga Sreenevasan. The group, whose protests in recent years have drawn thousands of people onto Kuala Lumpur’s streets, has yet to decide on organizing demonstrations, she said this week.

A contested result between Prime Minister Najib Razak’s ruling coalition and Anwar Ibrahim’s opposition alliance threatens to spark protests in a country that has never seen a transfer of power since independence from Britain in 1957. A tight finish would be the worst outcome for Malaysian stocks because it would lead to policy paralysis and may end Najib’s tenure, Bank of America Merrill Lynch analysts said this week.

“Anything over a 15-to-20 seat victory margin will lead to suspicion -- the race is that close,” said Bridget Welsh, associate professor of political science at Singapore Management University, who has edited two books on Malaysian politics. “You’re going to see people on the streets” if election observers produce solid evidence of fraud, she said.

Read more here:
http://www.bloomberg.com/news/2013-05-02/malaysia-risks-post-election-protests-as-group-cites-vote-buying.html

The Prime Minister’s Office has denied Pakatan Rakyat’s (PR) claim that it is involved in flying in Malaysians and foreigners to the peninsula to vote in Sunday’s polls.

National carrier MAS has also denied allegations that it is deploying chartered flights to transport phantom voters.

Later, Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor acknowledged yesterday that voters were being flown in to the peninsula, but stressed that the flights were sponsored by “friends” of BN as part of the party’s “get out the vote” campaign for Election 2013.

“Friends” of BN have committed an election offence by flying in voters from east Malaysia to key states in the peninsula, says senior lawyer Datuk Ambiga Sreenevasan.

Ambiga, who is the co-chair of polls watchdog Bersih, also said such flights were “very suspicious” and pointed out that it was usually Sabahans and Sarawakians working in the peninsula who have to fly back home to vote in the Borneo states, and not the other way round.

“It’s an offence under 20(6)(b),” Ambiga told The Malaysian Insider late last night, referring to the Election Offences Act 1954.

Read more here:

http://www.themalaysianinsider.com/malaysia/article/risk-of-post-polls-protest-as-rows-grow-over-voter-flights-ink/

Sila Semak Pendaftaran UNDI Anda Dengan Segera! 请再次检查您的选民资料! Please check your voter registration now!

Anwar menang saman terhadap Utusan

Oleh Aisha Geoffrey. Diterbitkan oleh Keadilan Daily.

KUALA LUMPUR 21 Januari 2013: Ketua Umum KEADILAN, Datuk Seri Anwar Ibrahim hari ini menang kes saman fitnah RM50 juta terhadap Utusan Melayu Bhd dan ketua pengarangnya berhubung artikel berkaitan temu bualnya yang disiarkan oleh BBC tahun lalu. Keputusan penghakiman itu dibacakan Hakim Mahkamah Tinggi Kuala Lumpur, Datuk VT Singham di sini pagi ini.

Utusan didapati bersalah memfitnah Anwar kerana menuduh beliau menyokong pergerakan lesbian, gay, biseksual dan transeksual (LGBT). Singham memutuskan artikel itu bersifat fitnah dan bertujuan menjatuhkan reputasi Anwar sebagai pemimpin politik. Beliau berkata, keputusan itu dibuat kerana mengambil kira fakta dan bukti yang dibentangkan sepanjang perbicaraan, menunjukkan Utusan dipunyai oleh Umno.

“Artikel tersebut adalah terpesong, tidak tepat dan di luar maksud yang diperkatakan,” kata Singham dalam penghakimannya. Keputusan itu merujuk artikel bertajuk ‘Tolak Anwar-Hassan’ yang disiarkan muka depan akhbar kawalan Umno itu pada 17 Januari 2012.

Anwar memfailkan fitnah terhadap Utusan dan Ketua Pengarangnya, Datuk Abdul Aziz Ishak 20 Januari tahun lalu, yang didakwanya telah mencetak dan menerbitkan berita berhubung komen beliau bersama BBC mengenai undang-undang berkaitan dengan homoseksual.

“Mahkamah berpuas hati (dalam artikel tersebut) bahawa ini adalah fitnah kepada plaintif,” kata Singham. Menurutnya, Utusan tidak mengamalkan kewartawanan yang bertanggungjawab. Sedangkan katanya, defendan mempunyai peluang untuk membetulkan fakta selepas Anwar menghantar notis peguam untuk keterangan.

“Wartawan dan editor mempunyai hak untuk menyiarkan berita, tapi bukan fitnah, atau berita palsu,” tempelak Singham dalam penghakimannya. Katanya, hakim memainkan peranan penting dalam memastikan kebebasan badan kehakiman.

“Keadilan perlu dilaksanakan tanpa dipengaruhi mana-mana pihak mahupun parti politik, semua keputusan perlulah selari dengan fakta yang dibentangkan,” jelas Singham. Beliau mengarahkan Utusan membayar gantirugi kos sebanyak RM45,000 kepada Anwar manakala pampasan damage (teruk) ditetapkan ke satu tarikh kemudian.

Link: http://www.keadilandaily.com/anwar-menang-saman-terhadap-utusan/

1Malaysia, Double Standard: The Saga Continues...

Published by Malaysia Chronicle on 13 October 2012.

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=42409:3-chief-ministers-a-wedding-a-divorce-a-donation-but-zero-action-from-macc&Itemid=2

Yesterday, the BN government was very proud to announce the exoneration of Sabah Chief Minister Datuk Seri Musa Aman from the S$16 million(RM40 million) cash scandal as he was cleared by the Malaysian Anti-Corruption Commission (MACC) on charges of corruption and money laundering. Did MACC carry out a full investigation including recording the statement of Datuk Seri Musa?

According to Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz’s written Parliamentary reply, the Attorney-General’s Chambers had not found any element of corruption in the case of the Sabah businessman who was detained in Hong Kong while trying to smuggle out RM40 million in Singapore currency. Nazri said that investigations revealed that the money constituted political contributions to Sabah UMNO, and not to Musa.

The BN must take Malaysians for fools if they expect people to believe this likely story and accept the fact that all is fine because the smuggled money was for Sabah UMNO and not for Musa. What are the conditions behind giving RM40 million for Sabah UMNO and why also in Singapore currency? Again MACC is attempting to cover up and whitewash this blatant act of money politics by BN.

Taib's son & Ali Rustam's son

This RM40 million smuggled cash scandal comes hot on the heels of two other scandals involving two other BN chief ministers. It was recently alleged by a Swiss NGO that Sarawak Chief Minister Tan Sri Taib Mahmud’s wealth is estimated at RM46 billion, making him the richest man in Malaysia.The enormity of Taib’s family wealth is corroborated by the current divorce proceedings of his son Datuk Seri Mahmud Abu BekirTaib, in which his ex-wife has revealed that Taib’s son is worth at least RM1 billion, with 110 personal accounts in banks all over the world.

And then we have the recent wedding celebration of Malacca Chief Minister Datuk Seri Ali Rustam’s son, in which 130,000 guest were feted in an extravagant record-breaking celebration in Malaysia. Until today Ali Rustam has failed to explain how he is able to afford such a lavish wedding. Ali Rustam claims it cost only RM600,000 and he did not pay for it as it was fully sponsored. Is it not money politics if Ali Rustam had accepted “sponsorship” for his son’s wedding? In future, any couple getting married should ask Ali Rustam to fully sponsor their wedding as Ali could get sponsorship for his son.

Malaysians can no longer stomach the sheer arrogance displayed by such BN leaders who have not only accumulated extraordinary wealth but also flaunt it publicly. The Malaysian Anti-corruption Commission(MACC) has no credibility with Malaysians to conduct an independent investigation into the record breaking wedding of Melaka Chief Minister Datuk Sri Mohd Ali Rustam’s son with 130,000 guests and allegations of the extraordinary wealth of Sarawak Chief Minister Tan Sri Taib Mahmud when no action is taken against the RM40 million given to Sabah UMNO.

Written by LIM GUAN ENG, THE PENANG CHIEF MINISTER & DAP SEC-GEN.

Malaysians recoil with SHOCK & ANGER at Rafizi's arrest

Written by  Maria Begum, published by Malaysia Chronicle on 1 August 2012.

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=37458:msians-recoil-with-shock-anger-at-rafizis-arrest-move-to-suppress-whistle-blowers&Itemid=2

News of the arrest of PKR strategy director Rafizi Ramli has shocked Malaysians, who have reacted angrily to the news. Among the most cited reasons for their anger was why should Rafizi, who was trying to expose corruption, be penalized while the wrongdoers were let off.

Indeed, corruption-tainted Prime Minister Najib Razak may have opened a new can of worms for himself. Already embattled and facing pressure from possible loss in general elections due to be called latest by April next year, many believe he was out to "scaremonger" his way through.

His two main targets are believed to be whistle blowers - many of whom come from the investment and financial community - so that they will stop exposing the misdeeds of his Umno-BN coalition.

The second target are politicians - including from his own government. Leaders from the Pakatan Rakyat opposition do not expect another crackdown like the Operations Lalang effected by former premier Mahathir Mohamad against political rivals in the 1980s.

However, they do not discount the possibility that Najib was also trying to scare BN leaders who have begun defecting to the opposition amid rising concern at Umno's growing extremism as the 13th general election neared.

From leaders

Anwar Ibrahim, Opposition Leader

Applaud his courage on the Cow-Condo case and GeorgeKent involvg dSNajib! .

Tian Chua, PKR MP for Batu

No, we don't expect Ops Lalang. That would be political suicide for Najib and he knows it. This is another ill-advised stunt to discourage whistle blower from coming forward. It is  real shame for Malaysia's image to investors, who are watching closely. We also see him trying to warn BN leaders who are switching out from his coalition that they can expect rough and tough action like this. But he has missed the pulse of the nation. Everyone is fed up and this latest arrest only confirms the need to change the current regime.

Nurul Izzah, PKR MP for Lembah Pantai

Despite expose, despite arrest, despite being charged, George Kent prevails. Shame on you

Shamsul Iskandar Akin, PKR Youth chief

Shahrizat's family, when? RT

Hannah Yeoh, DAP assemblywoman for Subang Jaya

Woke up to news of @rafiziramli being arrested by police. We stand by you

Ambiga Sreenevasan, co-chairman of the Bersih movement for clean polls

The nation is watching! We stand by those brave enough to expose wrongdoing and condemn those who suppress the truth!

Dzulkefly Ahmad, PAS MP for Kuala Selangor

We knew it was coming but why the sudden rushed timing. Was it coincidental with the George Kent news? This is Ramadan, a fasting ad holy month to observe restraint and righteousness. But Umno seems so desperate it is committing blunder after blunder. We also note that such hypocritical action is coming from Najib who has been promising reforms and a clean government.

From Netizens

very very angry rakyat

This is so damn WRONG SO WRONG !!! Rakyat Malaysia , terutamanya saudara dan saudari dari luar bandar tolonglah tengok dengan mata sendiri is this the govt that you wanna cast your vote on ?? Jom mulakan kempen "" BEBAKAN RAFIZI , Hero Rakyat !!! "'

Change

What do you expect from a Third Country like Malaysia. The person who reported the crime get arrested but the criminal got off free. Remember the ex CM of Melaka case!!!!!!!!!!

Susie

Stupidest thing for Najib to do. The whole nation loves Rafizi for his courage in exposing the corrupt at the top level... God is with those who are righteous too. Keep on doing what is right, everyone!

LEE

WE ARE WITH U , RAFIZI !! BE STRONG !!

TANNER

Trying to do the Mahathir? Equivalent of Operation Lalang? More arrests of oppositions. People realise Mahathir's authoritarianism, stupidity and vanity after he retires. But they could see Najib's authoritarianism, stupidity and vanity now.

Related reports:

http://www.themalaysianinsider.com/malaysia/article/rafizi-detained-over-alleged-bafia-breach/

http://www.freemalaysiatoday.com/category/nation/2012/08/01/rafizi-arrested-to-be-charged/

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=37457:rafizi-arrested-after-george-kent-awarded-lrt-deal-scorpene-fear-grips-najib?&Itemid=2

Bersih 2.0 is LEGAL: Court quashes Hisham's "tainted" ban, time for BN to APOLOGISE

Written by  Maria Begum, published by Malaysia Chronicle on 24 July 2012.

The Kuala Lumpur High Court has ruled that Bersih 2.0 was not an unlawful society, quashing a Home Ministry order aim to derail the free and fair election's movement decision to hold a mass protest on July 9, 2011.

While the court decision will surely be savored by many Malaysians and civil society alike, it is also a slap in the face for Home Minister Hishammuddin Hussein and his cousin, Prime Minister Najib Razak.

The two men are regarded as the prime movers behind the BN government's brutal crackdown on some 50,000-odd peaceful demonstrators.

"This vindicates the Bersih 2.0 steering committee and the rally goers. All they ever wanted to do was to show that they supported clean elections but many were cruelly beaten through no fault of their own. If anyone should be blamed, it should be the BN for its flawed conduct, policies and desperate attempts to cling to power," PKR vice president Chua Jui Meng told Malaysia Chronicle.

Calling Hisham's decision a "tainted" one, Justice Rohana Yusuf said the Bersih 2.0 coalition of civil societies, though not officially registered, could still be considered a society under the Societies Act.

“The minister’s order is quashed because Bersih is a lawful society,” Rohana said.

She added that even if it could be proved Bersih 2.0 was a society that had been used for purposes prejudicial to the security of Malaysia, the order was unreasonable and not valid.

Hisham had declared Bersih 2.0 unlawful, citing section 5 of the Societies Act 1966 as investigations had shown that Bersih 2.0 was not a registered organisation and that it was creating unease among the people.

Bersih 2.0 chairman Ambiga Sreenevasan and 13 of her colleagues had in response filed a judicial review seeking to get the Najib administration to lift its July ban.

"It's the right decision. It affirms what has been said by the brave people who attended the rally all along. The government must be acciuntable and held responsible for all the unlawful arrests made against the innocent people under the pretext of 'illegal Bersih'," PKR legal bureau director Latheefa Koya told Malaysia Chronicle.

"Now that the court has made its ruling, I think it is only fitting that the BN government and the police issue a public apology to Bersih, and of course to the thousands of Malaysians who attended the protest."

The Roles & Challenges of an MP

Get to know your MPs!

Date: 27 March 2011 (Sunday)

Time: 3 to 5.30 pm

Venue: Leonardo’s Restaurant, Jalan Bangkung, KL

Register by 23 March 2011.

Read more:

http://www.perlembagaanku.com/2011/03/launch-of-tngs-mp-watch-guidebook/

MyConstitution Campaign Phase 2 Launch: No ordinary Teh Tarik Session but where Nuggets of Gold were found

Friday, 22 January 2010 04:40pm

by Yvonne Young Ai Peng

After the successful Phase 1 launch on 13 November 2009, the Malaysian Bar Council Constitutional Law Committee (ConstiLC) has received overwhelming responses and requests from the general public for workshops and forums. Launch of Phase 2 of the MyConstitution Campaign was held on the 15 January 2010 at Sunway University College, Bandar Sunway, scheduled from 4.00 to 6.30 pm. This launch was to introduce the 2nd Rakyat Guides entitled “Constitutional Institutions and Separation of Powers” and the 2ndRakyat Service Advertisement.

Even before the guests and students started to stream in, the President of the Malaysian Bar, Ragunath Kesavan, had already seated himself at the front row and was receiving a briefing from the ConstiLC’s dedicated Executive Officer, Lim Ka Ea. The President’s presence clearly meant that the MyConstitution Campaign or Kempen PerlembagaanKu is being taken seriously.

Some early bird ConstiLC members caught the message and went about diligently to set up the auditorium under the careful supervision of Firdaus Binti Husni. A crowd of approximately 200 guests, students, reporters, lawyers and members of NGOs attended this launch. A member of the Committee, Tey Jun Ren, managed to get a whole bus-load of UKM students to attend.Syabas!

The ConstiLC’s Co-Deputy Chairperson, Syahredzan Bin Johan, was the master of ceremony and with his pleasant voice he enthralled the participants. The launch started with the welcome address by the head of the Law Department of the College, Paul Linus Andrews. He shared, with emotion, on how he “had lost the glitter of that zealousness” to make a difference to the eager minds he taught. However, he continued in a positive tone that he has “a renewed belief that this campaign was going to be a tipping point; a catalyst for the birth of civil society and constitutionalism in this country”. He ended by encouraging everyone to pick up the Guides and read a page, and the ConstiLC to continue the struggle. The speech was followed by a moment of loud applause from the participants.

That was followed by a speech from the ConstiLC’s Co-Deputy Chairperson, Mahaletchumi Balakrishnan. She began by pointing out that most of us “inherited the Federal Constitution” without having to struggle for it and hence we have easily become complacent about it. She cautioned that “we must all be caretakers of the Constitution” failing which we may not be able to leave the same for the next generation. The participants were led through the main goals of the Campaign, the contents of the 2nd Rakyat Guides, the meaning of the doctrine of “separation of powers” and the concept of “check and balance”. Finally, she concluded with the hope that everyone will be an ardent supporter of the MyConstitution Campaign. With her tenacious and beautiful words, there was little doubt that many hearts were captured that evening.

The President of Malaysian Bar, Ragunath Kesavan, was heartened to see so many young people in the auditorium and many more MyConstitution fans following the launch and the forum via Twitter. He impressed upon the participants that the MyConstitution Facebook fan page has 3,955 fans where 75 percent of those fans are aged 18 to 35. After all, the Campaign is “for the Rakyat, by the Rakyat”. He commended ConstiLC for the success of the Campaign since its first launch two months ago. The ConstiLC has since received overwhelming invitations to hold talks, workshops, and mini-launches from groups and communities from all over Malaysia. With a final note, he called upon everyone to take ownership of our Constitution.

That was followed by the debut screening of the 2nd Rakyat Service Advertisement, an approximately one-minute video clip. The participants were amused by the adorable young actors and actresses. The video is now available for viewing at www.perlembagaanku.com orwww.youtube.com/user/PerlembagaanKu.

The highlight of the evening was the forum entitled “Conversation on the Constitution” or Bual-bual Perlembagaan. As promised, the forum was no ordinary teh tarik session. The moderator, Dato’ VC George, was able to put everyone at ease with his witty comments and managed to bring out the best from the speakers. The panel of speakers consisted of prominent people involved in the three main organs of government i.e. the Legislative, Judiciary and Executive. With their rich experience, they were the primary source of much sought after information. Conversations contained “nuggets of gold” of knowledge regarding the separation of powers concept.

The first speaker as a representative of the Legislature, Datuk Dr. Wan Junaidi bin Tuanku Jaafar (currently a Deputy Speaker of the Dewan Rakyat appointed on 28 April 2008), prepared a speech of 43 pages but was unable to reveal all due to time constraints. The full speech is now available for viewing at www.perlembagaanku.com.

He commented on the encroachment by the Executive in the Dewan Rakyat. The minority have their say but the majority have their ways by virtue of the power called the “whip” (collective responsibility). In essence, the Legislature is fully dominated by Executive. Within the period of twenty years, about 80% of the laws were passed without amendment. 15% were amended by the Government and only 5% were amended at the insistence of the Members of Parliament. He then discussed the Moroccan system where there is a “watch-dog” committee to monitor the spending of the country’s budget. Junaidi has called for such committees to be formed since 1994 but to no avail. He concluded that the Legislature is still akin to an infant of the Executive.

The second speaker as a representative of the Executive, Datuk Dr. M. Kayveas is the President of the People’s Progressive Party (PPP), and who was the Member of Parliament for Taiping until the 2008 General Elections. He simplified the meaning of the “separation of powers” into the layman’s term of “mind your own business”. He pointed out that the Federal Constitution does not clearly spell out the concept of the separation of powers, only as to how the three main organs of the government are formed and each organ’s functions. There is no absolute separation of powers in our Malaysian system, for example, the appointments of judges are highly influenced by the Executive hence the Executive has some control over the Judiciary.

In his attempt to stimulate debate, he asked whether the Executive actually has power over therakyat. This is because the Executive could introduce any policy but its implementation is subject to the co-operation of the civil service. The immediate superiors of the departments/ministries must give instructions to their subordinates, otherwise the policy will not be implemented or enforced.

The third speaker as a representative of the Judiciary, Dato’ Abdul Kadir Sulaiman (formerly a Federal Court judge), is the current President of the Kuala Lumpur War Crimes Tribunal. He maintained that the three main organs of government are separated as to their functions. In Malaysia, our written Federal Constitution is supreme. In comparison to the UK where its Constitution is unwritten, the UK courts have the power to change. In Malaysia, no law can ever contradict the provisions of the Constitution.

Before 1988, the Syariah Court was subordinate to the civil High Court. Since the amendment in 1988, the civil High Court has no power/jurisdiction over the Syariah Court. The Yang di-Pertuan Agong is a constitutional monarch as opposed to an absolute monarchy, and who acts on the advice of the Prime Minister in the appointment of judges. However, the Judiciary should be independent, to act without fear or favour. To safeguard this independence, a judge can only be removed by a tribunal. When he began to recall the judicial crisis in 1988, Dato’ Abdul Kadir paused for a while and ended his speech abruptly.

During the question and answer session, it is clear that the participants do not easily accept answers given to them but were eager to learn more. Some of the questions included the functions of the Public Accounts Committee, whether it is possible for Malaysia to have a Constitutional Court and whether a Sultan’s view should be taken where there is a dispute on the role of the Rulers.

In conclusion, Dato’ VC George said that there is more to learn than what had been shared that evening. The launch was brought to an end at about 7.00 pm. The participants gathered around the speakers to pick up more nuggets of gold until it was time for the speakers to leave.

The ConstiLC would like to thank everyone who contributed in one way or another to make this launch a success. We are grateful to all the Committee members, distinguished guests, speakers, participants and fans/followers of the Committee’s Facebook fan page and Twitter feeds. We hope that every Malaysian will take ownership of our Federal Constitution and continue to support the Campaign because after all, it is “for the Rakyat, by the Rakyat”. It is a Campaign about YOU.

The Campaign can be followed through these channels:

www.perlembagaanku.com

www.malaysianbar.org.my/constitutional_law_committee

www.facebook.com/MyConstitution

www.twitter.com/MyConsti

www.youtube.com/user/PerlembagaanKu

Copies of the 2nd Rakyat Guides on “Constitutional Institutions and Separation of Powers” are available at the Bar Council Secretariat in both English and Bahasa Melayu, and will be made available at all States through the State Bar Committees. Please contact our Executive Officer, Ms. Lim Ka Ea at 03-2031 7103 or email us at perlembagaanku@gmail.com for further queries.