Showing posts with label Federal Constitution. Show all posts
Showing posts with label Federal Constitution. Show all posts

Thursday, January 19, 2017

Don't fall victims of ignorance

Following to Lim Guan Eng’s blog article which made seditious accusations contrary to the Federal Constitution on the amendment of Act 355, a young boy Ahmad Ali Karim aged 13 made a police report on the 24th November 2016 among which led the police to question Lim at his office in KOMTAR Penang.
https://limguaneng.com/index.php/2016/11/23/mca-mic-gerakan-and-supp-should-withdraw-from-bn-following-bns-endorsement-of-hudud-like-lawsec/ 
Lim, a party leader and representing DAP “opposes the hudud-like laws because it is contrary to the Federal Constitution as is secular in nature….with Islam as the religion of the Federation. Raising the punishment cap so that it can come closer to Hudud provisions would contravene the Federal Constitution in both spirit and substance.” It is clear the Act 355 only affects the Muslims, why then a non-Muslim politicise these issues? 

Lim further pointed the failure of MCA, MIC, Gerakan and SUPP to leave BN is seen as a form of tacit approval of the unconstitutional measures adopted by UMNO to support PAS’s move to raise the punishment cap of Islamic laws that moves closer to Hudud-like laws. The fact that the Federal Constitution recognises the institution of Sharia Courts as stated in the Article 121 (1A) and the Part 1 List II of the Ninth Schedule of the Federal Constitution, proves that the Act 355 is not contrary to the Federal Constitution. 
Lim Guan Eng is leading the Opposition to create religious and racial tension between the citizens of Malaysia. Lim has in fact questioned the sovereignty of the Rulers when he went against the decree made by the Yang Di-Pertuan Agong’s in the parliament on the 7th March, 2016:
“Beta berharap langkah-langkah ke arah memperkukuhkan institusi agama dan kecekapan perlaksanaan undang-undang pentadbiran agama Islam melalui pemerkasaan Mahkamah Syariah dapat disegerakan.” 

Sadly, two news portals; MalaysiaKini.com carried an article titled, “Tiap-tiap hari rakam kenyataan saja’ on 13th January 2017 http://www.malaysiakini.com/news/369153 and FreeMalaysiaToday.com, “Guan Eng cries foul over ‘frivolous’ police investigation” http://www.freemalaysiatoday.com/category/nation/2017/01/13/guan-eng-cries-foul-over-frivolous-police-investigation/ on 13th January 2017 and “Police query Guan Eng over report lodged by 13 –year-old” http://www.freemalaysiatoday.com/category/nation/2017/01/13/police-query-guan-eng-over-report-lodged-by-13-year-old/ on the same day of the previous article is sensationalising the issue and to adjudge Ahmad Ali of poor taste and facts. 
Obviously, it is the duty to comprehend the rights and responsibilities as a good citizen of Malaysia, accorded in the Federal Constitution, in maintaining peace and harmony in a diverse ethnicity and culture. Failing which, one may fall trap and taken victim of their ignorance by irresponsible politician/s whom has hidden agenda only of themselves.

Thursday, December 15, 2016

14th General Election: The Voters And The Election Commission

Malaysia’s next general election must be held on or before June 24th, 2018. However, the Prime Minister can ask His Majesty the 15th Yang di-Pertuan Agong to dissolve the Parliament at any time before this five-year period expires. 
A general election should be held no later than 60 days in West Malaysia and 90 days for East Malaysia (Sabah and Sarawak) after the dissolution of the Parliament. Political observers and pundits are fast speculating, the embattled Prime Minister Mohd Najib Razak might call for a snap poll. 

Based on the Article 113 of the Malaysian Federal Constitution, it is responsible to the Election Commission (SPR) in the way of managing and administrating such as:
1. The electoral constitution is by draw up the border
2. Voter’s list is prepared and check for election
3. Parliamentary and State Legislative Assembly constitution is well manage in the election process

The Constitution per Article 119 (1) denotes the qualifications of a registered voter:
1. When the voter reaches the age of 21 years old on the qualifying date
2. To reside in the election of the qualifying date or as absentee voter
3. For the electoral list, it is listed in the document by voter’s names in the electoral constituency.

Based on the Election Rules 14 and 15 in 1959, the name which is not listed is not allowed to vote. This checking and validation can be done at the city/village level, such as village head complexes, town halls, official government building or at places that can be accessed by the local community. 

There are three types of absentees excused in the election process:-
1. Malaysian citizen who works in the Federal Armed Forces or Commonwealth countries, or the wife is staying in the place where provided by the Armed Forces authority from the date of application and register as voter in electoral district
2. Malaysian citizen that is living oversea with his wife and working with the State and Federal, Government or local ,semi-government and has registered himself as voter in the electoral constituency
3. Malaysian citizen and his wife studying abroad, who has register himself as voter in the electoral constituency

A registered voter is not allowed to vote for the State Legislative Council or House of Representative such as:-
1. The person is unsound minded or serving a jail sentence on the qualifying date
2. Jailed for more than 12 months on the qualifying date in any of the Commonwealth countries
In an earlier statistical report by SPR until December 31st, 2015 some 17, 658,700 Malaysian citizens whom reached the age of 21 years qualified to register as voters. From the figure disclosed, some 13,468,946 has registered while 4,189,754 failed to do so.

However, in a twist of event, the recently released third quarter 2016 electoral roll update by SPR, showed an astounding figure of 501,799 newly registered voters were added to the electoral roll. This astronomical rise could be influenced by rumour of voting deadline viral over the social media on the coming 14th General Election.

On the flip side, some political figures are doubtful and began questioning the legitimacy of the increase reported. They seemed not happy if someone does a good job? They never will…

Friday, December 09, 2016

Auditor General’s Report Taking A Back Seat?

There has been an increase, over time, in the public demand for government transparency and accountability, which is crucial to safeguarding the public sector’s image of serving the public interest. 

Following such demands and urgency, the government implemented the The Prime Minister's Directive No 1 Year 1998, Second Series, No.1 Year 2000 by the Special Cabinet Committee on Integrity of Government Management chaired by then Deputy Prime Minister Datuk Seri Abdullah Ahmad Badawi. 

The directive, entitled "Operations to Enhance the Integrity of the Malaysian Government Administration's Management System: Guideline on Implementation and Mechanism for the Supervisory System of Programmes to Incorporate Noble Values", is aimed at enhancing the integrity of the government administration. 

The National Integrity Plan (NIP) and the Malaysian Institute of Integrity was launched in 2004 by then Prime Minister Abdullah Haji Ahmad Badawi to further realized Vision 2020's goal of creating an ethical and moral society. 

In 2009, Prime Minister Mohd Najib Razak introduced the Ministerial Key Performance Indicators (MKPls) focused on delivering results of the effort to enhance government accountability. 

Subsequently, in 2010, the Prime Minister formally announced the Government Transformation Programme (GTP). The GTP covers an initial six national key results areas (NKRAs), including an initiative to combat corruption. 
Administratively, the two main institutions responsible for public finance accountability in Malaysia are the National Audit Department (NAD) and the Public Accounts Committee (PAC). 

The Federal Constitution sets out the rules for financial provisions of Articles 96 to 112. The government must table an annual budget for approval by Parliament of the financial provisions contained in the Constitution. 
The Parliament enacts, repeals and amends laws related to financial matters. It controls expenditures of budgeting, and it requires the Accountant General's Department (AGD) to table annual financial reports on Parliament. These reports must be audited by an oversight body, which is the NAD. In addition, Parliament has established the PAC to ensure accountability. 

The head of the NAD is the Auditor General, who is appointed by the Yang di Pertuan Agong (the ruler) in accordance with Article 105 of the Federal Constitution. Article 106 of the Constitution specifies the powers and duties of the Auditor General and where he/she will submit the financial statements of the federal and state government as specified in Article 107 of the Constitution. 

The nature of an audit is specified in Section 6 of the Audit Act 1957, which states that the Auditor General must ascertain; involving the custody of public money, authority, maintenance and storage, activities and the provisions of the Federal Constitution and the Financial Procedure Act 1957, and any other written law relating to moneys or stores subject to his/her audit has been in all respects complied with to avoid wastage or extravagance. 
With such great effort and due diligence, the public is shocked with repeated reports on weaknesses or misappropriations, the culprits are not booked! The loss of 44 firearms reported on the Auditor General’s 2012 report and the more recent RM150 million cash and in kind siphoned from the RM3.3 billion, state rural water project in Sabah. 

The federal and state government are taken to task to be accountable and responsible and not shirking under the ‘TIDAK APA’ attitude, it has been far stretched and the public patience is wearing thin.

Thursday, December 08, 2016

Private Bill 355 Is Not HUDUD

In the recent Parliament sitting, the atmosphere was abuzz surrounding the tabling of Private Bill 355. A private member’s bill to be tabled by Abdul Hadi Awang, the president of PAS, proposing changes in the Syariah Court (Criminal Jurisdiction) Act 1965, which also known as Act 355. 

What is a Private Bill? In the Malaysian parliamentary democracy, it allows laws to be initiated or changed by Members of Parliament who are not Ministers. They can introduce (table) private members bills. 

The bill can be tabled in Parliament, provided it is listed on the agenda, the ‘Order Paper’. By convention, government business has priority, thus private members bills are last on the Order Paper. Secondly, a private members bill could only be tabled, if the government ‘gives way’ as it was allowed in the case of Private Bill 355. 

The proposed amendments to the Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) and laws is to strengthen the Syariah Court where its powers are restricted to a maximum prison sentence of 3 years, a fine of RM5, 000 and 6 syar’ie compliant strokes of cane. 

The last amendment made in 1984, saw an increase in 6 months imprisonment and a fine of RM1, 000. However, the punishment met out is considered outdated and has not created awareness nor guilt to the wrongdoer. 

Non-Muslims may not be tried under the Syariah courts as the Federal Constitution establishes the jurisdiction of the Syariah Court only to Muslims and Act 355, Section 2 also describes only Muslims can be tried and punished in the Syariah Court. Neither does Act 355 has relevance to the implementation of Hudud law. 

The Private Bill 335 if becomes law, legislates maximum imprisonment of 30 years, fine up to RM100, 000 and up to 100 syar’ie compliant strokes. It is the transfer of limits of punishment of shariah offences at the federal parliament to state assemblies (except for the Federal Territories). 

If the bill becomes law, the states have the choice to stay with the state legislature or to abide with the change. 
The constituents should realise, the obvious failure of their MPs who play an important role to advocate social harmony and understanding as imparted through the National Philosophy (Rukun Negara):

1. Belief in God
2. Loyalty to King and Country
3. Supremacy over the Constitution
4. The Rule of Law and
5. Mutual respect and good social behavior
The resounding ‘No’ by many MPs is a case of ignorance about practices of Islam upon its followers (Muslim). Furthermore, it has been politicized to accord similar treatment of civil laws despite the fundamentals of the Federal Constitution allowing it. 

The constituents are concerned on issues of family disputes involving divorce, unilateral conversion of children, custody battles, apostate and etc which requires deliberation on amendments under the Law Reform (Marriage and Divorce) Act and the Islamic Family Law Act/Enactment. 

Muslims are not homogeneous, just like a Buddhists, Christians or a Hindus. They lived on a conduct and laws to their beliefs in a civil society. Respect is an attitude that requires both parties, not one. Religion is sacred and not a toy for politics.

Thursday, October 08, 2015

The Malays...Discriminated OR Discriminator?

IMG-20151005-WA0064
Congratulations is in order the Malaysian younger generations whom achieved excellence in their education in undertaking the challenges ahead for themselves and the nation.

These pool of right minded populations are deem to play an active role with past graduates in welcoming the Eleventh Malaysian Plans, which is projected to escalate the nation and it's people transforming to High Income Population and High Technological power house, expected to kick start in the year 2016 - 2020.

Despite it all, the attached news cutting, has brought light to several underlying issues requires to be addressed, prompt and seriously.

Malaysia with it's diverse ethnicity, cultures and religion has proven, what the world fail to promote. The Bumiputera (the origins of the land; Malay, Sarawakian and Sabahan) not forgetting the Orang Asli (aborigines) together with the other communities, largely the Chinese and the Indians could and would live harmoniously and in particular shoulder to shoulder in developing Malaysia, 58 years since MERDEKA.

 Facts 1. The Dasar Ekonomi Baru (New Economic Policy) adopted in 1971 after the racial discord on the 13th May 1969 was succeeded 20 years later with the Dasar Pembangunan Negara (National Development Policy) in 1991. It was formulated to develop and close the gap between the Bumiputera (and Orang Asli) with the other communities, economically.


Yet, truth be told, despite the best efforts by the Government, it has fallen short of acceptance or practiced. The nation as with the rest of the world is divided into two hemispheric influences/sectors. The Government administration; the Public sector and the opposite by the Private sector which predominantly enjoys the Land of Free trade.

It was reported in 2014, there were 1.6 million citizens engaged with the Public sector, where the Malays represents 78.8%, Sabahan at 6.1%, Chinese at 5.2%, the Sarawakian at 4.8%, Indians at 4.1% and others at 0.7%. The figure has now further improved to 2.0 million employment since then.

Facts 2. The other communities has devoted or rather swamped the private sector in search for better pay scale and job promotions. They occupy most key posts and dominates the higher echelon of the corporate ladder from the middle upper management/class. Some of the corporate firms has scaled from rags to riches and enjoys the protection policy established and introduced by the Government.

There are unwritten standards and practices of nepotism despite calls for merits, to prepare the Bumiputera in the corporate world. In the same note, they are inclined to employ the Bumiputera where best suited their requirements and interests ie., in the Procurement departments, Government Relations, Human Resources posts. News of the new employments or promotions, however is unsubstantiated since done behind closed doors or not pursued by the related Government agency/ies, whom will not fathom the issues to avoid stepping some interest or toes.

They blatantly claimed being sidelined of opportunity and cried for employment based on merits in the public sector.

Facts 3. It is believed and proven the economic agenda on the ground is a far cry from planned with the significant attitudes of certain Bumiputera corporations or companies whom practices acquisition of main projects on paper BUT not physically involved. The Government linked corporate (GLC), noticeably "hand picked" individuals into the senior management. Again,  the knowledge and correlation of knowing Who's Who? comes into play.  What then becomes to the majority, we produced from local and external institutions? A classic example, an O&G corporation has inadvertently forced a subsidiary company of the Malay community to closed it's operations.

The banking and financial assistance too are selective and unwelcoming to seed initial funds projects and in niche market areas. They are too stereotyped or alienating the Bumiputera towards nation building in leveraging as productive community and self sustaining in the lager market and industry. These executives and surely has a different perspective of and thus rises the question of competency and values. They too lack the core and integrity which then ended with collusion.

Facts 4: The crisis or beckoning rise of the unemployed graduates rises, when the Government raised the pension age in year 2013. Simultaneously, the private sector has stopped new intakes to replace vacant positions in line with efficiency and productivity practices and layouts due to global economic influences. Thus, an avenue of placing the graduates in the work force has halted until solutions could be found.

In doing so, particularly the graduates has to resolved searching and creating new markets as self employments to compensate the paper chase. As mentioned and reiterating, emphasis must take place in preparation and acquiring soft skills for wider demands than usual. The Bumiputera pool of fresh resources are biggest hit compared to their peers as the ever changing standards and practices are enforced.Looking back at the charts and references, one will admit the loopholes and failures to measure up with the growing global and local needs and intrusion of cultures.

As recounted by YAB Dato Sri Najib Tun Hj Abdul Razak on the 11th November 2013, "This is not simply a matter of economic justice; it is also of national stability. Poverty and inequality have a destabilising and corrosive effect on societies. Why should law and order mean anything to people hardly benefit from them? Why should the marginalised support a political system if it only widens the gap between the rich and the poor".

The Malays has to fend itself not just the exterior outlook but internally too. How can we best suited up against corrosive minds and better streamline not only tangible aspects but more importantly the intangibles. Preparatory classes has to mold not merely industrial requirement but soft skills eg., Leadership, creativity of the right mind, are to too rigid in the problem solving...etc within the Malay community and not to be a lackey.

It is pertinent and of importance, the Malay groups to consolidate their efforts and push forward the agenda of enhancing and protecting the interests and essence of the Constitution is met. All the above resulted from institutional failures to grasp realities or to fathom the spirit of the Federal Constitution.

whale-horz
In the vast ocean, there lives two very contrasting sea creatures. A whale, an "endothermic" creature of a different vertebrae, with skeletons made of bone, that provides a massive body structure. It breathes oxygen through it's lungs as it swims frequently to the surface. The female whale gave birth to a calf, nurtured closely and fed milk from the mammary glands as any mammals does. Whales at large swims in a school from one breeding ground in their migratory routes, are actually docile though physically are enormous.

In the case of the shark, it is a predatory fish covered in scales with rigid backbone. The skeletons of a shark is made of cartilage. It has gills to absorb oxygen and stays submerged underwater. A shark is cold blooded or “ectothermic, which limits their inability to regulate the body temperature, thus usually found in temperate waters. Newborn sharks are hatched without parental care and to survive,  shark produces a small number of eggs within the body before giving birth.

The whale a massive creature, appears formidable but compensates us with grace in the ocean. The reverse of the shark, smaller in numbers is aggressive, menacing and dominating! In the same retrospect, the Malays, a majority of the nation and the origin of the land, as allowed the rights spelled in the Federal Constitution, shared their culture, religion, language and the Malay Rajahs with other communities from far away lands beginning to be ousted or removed. 

Could it be 'deja vu' of the Conquistador over the Mayans in the Americas? The bloodshed and massacre of the great Indians up in the Northern America. The stranglehold put on the Aborigines in the Australian shores by the white pilgrims and bandits?

The Malays presently as a results of misconception and violent assimilation through the media and "evolved and cultured" upbringings has begun to lost respect and identity of it's civilization and space. Remedial actions must include the exercise of having the correct policy mix - evade or eradicate discrimination thus closing the divide and trust. Review and improve present policies or initiate an enhanced version. Promises and pledges must materialized under any circumstance along the rights of the Malays that were accused to piggy back an easier path or protectionism.  Article 153 of the Federal Constitution articulates the rights of the Bumiputera as is the rights of the others, will be exercised.