Damian S. L. Yeo & L. C. Goh (DSLY)
No. 2007, Lorong Sidang Omar, off Jalan Penghulu Abbas, Bukit Baru, Hang Tuah Jaya, 75100 Melaka

Tel : 06-2347011
& 06-2347012
Fax: 06-2347022


Wednesday, March 25, 2009

So what say you MACC?

Reading the below article make me laugh. Will MACC act? A lot of confession.

Najib’s powerful speech eradicates corruption in UMNO

KUALA LUMPUR — If there was one thing all observers could agree on about Deputy Prime Minister Datuk Seri Najib Tun Razak’s opening speech at the UMNO General Assembly for its Youth, Wanita and Puteri wings last night, it was how incredibly moving it was. So powerful was Najib’s oratory delivery that corruption — referred to as ‘money politics’ in UMNO circles — was effectively neutralised and eradicated from the organisation.

“I actually saw corruption dissipate from the hall, it was unbelievable,” said Roziman Musa, a delegate from Perak at the main PWTC assembly hall. “Before Datuk Seri Najib’s speech, money politics and vote-buying were evident in the faces of many of my fellow delegates. But as the DPM began his verbal assault on the corruption within UMNO, everyone was cleansed. Detoxified!”

A casual walk amongst the delegates revealed a cleaner, purer sense of being and an overall spirit of absolute harmony.

“I’m a man reborn,” said Jaafar Hussin, a delegate and senior UMNO member from Pahang. “I, like many of my friends, didn’t think twice about accepting money or contracts in exchange for votes before, but now I am free. I feel the wonderful void which all the corrupt thoughts have left behind. I am at peace with the universe.

“Thank you for the rousing speech, Datuk Seri!” he said, before running barefooted around the hall, throwing flower petals onto the appreciative crowd.

The sense of well-being was shared by every UMNO member nationwide, from top leaders to young members.

“We’re returning all our ill-gotten wealth to the community,” said Datuk Seman Azizuddin, a Terengganu branch chief and businessman when met at a hotel nearby. “My friends and I, who had ammased hundreds of millions of ringgit from our close ties to the administration, will now denounce our corrupt ways and live the life of clean, honest people, thanks to last night’s speech. What Datuk Seri Najib said resonated with the child within our souls, and released us from the clutches of our greed for money and power. We shall now embrace purity, selflessness and spirituality.

“Our crony days are over. Thank God!”

Puteri UMNO member from Lembah Keramat Nina Badariah Ahmad said that she now was more inspired to put her life into the party.

“Before this, I didn’t quite know why I joined, maybe because I subscribed to some of the ideals of the party, but mainly because I was intrigued by the power and potential wealth I could get my hands on,” said Nina. “But Datuk Seri Najib’s fiery speech has sifted all the impure and immoral reasons from the pure. He has killed all that is bad in the party. I am now in UMNO only for the good of therakyat. Go UMNO!”

Opposition leader Datuk Seri Anwar Ibrahim, responding to this latest news, indicated that Najib’s speech ‘had rendered the purpose of the Pakatan Rakyat null and void’.

“Oh dear. I guess this is the end of PR,” he said over the phone solemnly. “We went out to the people on the promise of transparency, equality and justice, but now that UMNO is living all those qualities, with absolutely zero corruption, we’re pretty much dead in the water.

“I mean, I guess you can’t win ‘em all. Even I was inspired by his speech; it brought tears to my eyes,” said Anwar, hinting that he’ll be calling for the dissolution of all opposition parties and a mass entry into UMNO, as soon as he can.

In addition to talking about choosing ‘clean and able leaders’ to take the organisation out of its current doldrums, Najib also spoke of UMNO being more IT-friendly and giving more attention to new media. Early reports have indicated that all mainstream printed media would abandon paper and offer their services online and for mobile exclusively, in effect saving trees and making the world a far, far better place for all our children.

Tuesday, March 24, 2009

Good Choice


Ex-Perak MB Nizar to contest in Bukit Gantang (the Star)

TAIPING: Former Perak Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin is the PAS candidate for the Bukit Gantang parliamentary by-election.

PAS president Abdul Hadi Awang made the announcement during a ceramah at Padang Taman Kota near here last night.

The crowd of 2,000 people went wild when Nizar, one of five possible candidates tipped to run for the post, was finally confirmed as Pakatan Rakyat’s choice.

Nizar’s selection as a candidate is said to be against the wishes of PAS spiritual leader Datuk Nik Abdul Aziz Nik Mat.

Asked why he was selected, Nizar said there must have been reasons, adding that a press conference would be called later.

To a question on whether this was because his claim as the legitimate Mentri Besar would be more effective in garnering votes, he replied: “It may be so.”

Nizar, 52, is Pasir Panjang assemblyman and Perak PAS deputy commissioner.

In a brief speech following the announcement, Nizar thanked those present for their trust in him and promised to continue the excellent work of the late MP Roslan Shaharom.

Roslan had succumbed to a heart attack last month.

Nizar urged the people to turn the by-election into a chance for Pakatan to bring good to the constituency.

Sunday, March 22, 2009

Obama to the Iranian People - Happy Nowruz Day

"Keep your friends close and your enemies closer".

A message by a sitting President of the United States addressing to the people and leaders of Iran in a special Nowruz-new year message through the internet which was found to be very successful during President Obama's campaign that literally took the world by stormed.

Both countries have called each other "the great Satan" and "the axis of evil/terrorist state" AND this message of hope expressed by President Obama in a three-minute speech made available on the Internet and sent to international broadcasters, seems genuine and with much hope AND interestingly state that his administration is committed to diplomacy and with the intention to pursue constructing diplomatic ties with Iran and Iran with the international community.

Obama further said that the United States seeks engagement with Iran "that is honest and grounded in mutual respect" but cautioned that Iran cannot "take its rightful place in the community of nations through terror or arms, but rather through peaceful actions that demonstrate the true greatness of the Iranian people and civilization."

With that I see a great partnership of both nation that will benefit the world. It is my hope that the leaders in Iran will accept this as good faith for reconciliation. And remember, Libya did that too.

Interestingly there is an article in Malay by YB Dr Siti Mariah Mahmud, member of Parliament from Kota Raja

Apa Nama....

And I thought the grand ole man is quitting politics after his retirement....

Dr M wants Khairy out

KUALA LUMPUR, March 22 - Tun Dr Mahathir Mohamad has gone for the jugular, pressing the Umno delegates and incoming Prime Minister Datuk Seri Najib Tun Razak to freeze Khairy Jamaluddin out of the party and government.

This move by the former prime minister is the latest verbal volley against the son-in-law of his nemesis, Datuk Seri Abdullah Ahmad Badawi, and appears to be a final push to improve Datuk Mukhriz Mahathir's chances of being elected as the Umno Youth chief on Thursday.

Anecdotal evidence suggests that the battle for the youth wing is turning out to be a fight between Khairy and Datuk Dr Khir Toyo, with Mukhriz trailing some way behind.

Though no longer an Umno member, Dr Mahathir carries considerable influence in the party and has been commenting on trend of money politics in Umno and the ineffectiveness of the party's disciplinary board to censure the culprits.

In his latest blog posting, he slammed the disciplinary tribunal for missing out on a great opportunity to bar candidates who had used money to buy votes.

"If they had done so, this would have improved the image of the party and there is a good chance that the party would win in the next general elections. But because tribunal has allowed candidates said to be corrupt to contest, there is a good chance that they will be elected to the
Supreme Council, '' he said.

He said that only Najib could save the party.

"When Dato Seri Najib forms the new government, he can reject these leaders and do not give them any positions in the Cabinet or government. I believe Dato Seri Abdullah will force Najib to pick certain individuals as Cabinet ministers.

"We of course know about the desire of someone to become the youngest Prime Minister. The fact is that even if he wins, his involvement in the government will cause voters to reject Barisan Nasional in the next general elections. If Dato Seri Najib picks the corrupt and certain people in his Cabinet, Umno will be destroyed, '' said Dr Mahathir, who believes that Khairy was the power behind the throne and person who influenced Abdullah to chart his own style of administration and undermine the former prime minister's legacy.

Ground reports suggest that either Khir Toyo or Khairy will emerge victorious on Thursday. Khir Toyo was cleared of graft by the disciplinary board while Khairy was warned but allowed to contest.

This latest posting by Dr Mahathir is a gentle reminder to Najib that the latter's choices for the Cabinet will have to be "endorsed'' and "sanctioned'' by the former prime minister.

Otherwise, Najib can expect to be criticized from the sidelines.

Dr Mahathir, who quit Umno in protest against Abdullah's leadership, is expected to attend the party's general assembly as an observer. He is also likely to be given an unofficial role in the new administration.

Goodbye Malaysia

Reading the two articles made me sad. Both articles made me cry for being Malaysians as I thought all men are born equal. Not I that say it but the Constitution declares it but nevertheless Malaysia is in a sorry state as we are moving not forward but many step backwards.

Perkasa warns non-Malays to behave

By Shannon Teoh

KUALA LUMPUR, March 22 - Malay right-wing group Pertubuhan Pribumi Perkasa today threatened that it would react to the actions of those who chose to question Malay supremacy.

President Datuk Ibrahim Ali said that for the sake of "the country, race and religion, I am willing to be detained under the Internal Security Act" should Malay rights be challenged.

The Malay nationalist politician warned non-Malays to behave, if not then Malays would repay in kind.

"If they are polite, we will be polite. But if they are not, neither will we. If they are kurang ajar (ill-mannered), we too can be kurang ajar," said the Pasir Mas MP to cheers from the thousand-strong crowd.

Ibrahim as president of Perkasa had last year also called on other races to adapt to the local culture of Malays as they have already been given many rights and freedoms in this country.

Today, he added that those who questioned the issue of the special position of Malays were not acting in the name of justice.

"The truth is that justice has not yet come to Bumiputeras who have spent centuries being oppressed by colonial masters," he said.

The former Umno leader said that in the past, Malays had been reasonable with the colonial masters but that they would not tolerate "our heads being stepped on."

"We will not tolerate Bumiputeras losing face or our honour. Especially Malays and Islam, do not ever try to play around with these," he threatened.

Dr M says Malays are under threat

By Asrul Hadi Abdullah Sani

KUALA LUMPUR, March 22 - Tun Dr. Mahathir Mohamad played the race card today, warning the Malays could lose their political power.

The former prime minister told a gathering of more than 1,000 at a rally organised by right wing Malay group Perkasa that the community was under threat from "various parties" which he did not specifically name.

He said that the Malays were being unfairly described as racists who practised apartheid but he contended that the community was only protecting their own rights.

"Malaysians have forgotten about the nation's history and have abused the kindness of the Malay people."

"Malays are even called immigrants in their own country. Other immigrants cannot be called immigrants. If anybody were to call them immigrants then they must apologize but no apologies are needed if they call Malays immigrants," he said.

Dr Mahathir instead accused the Chinese educationist group Dong Jiao Zong (DJZ) as racists who practised apartheid.

"That is apartheid, not us. We proposed that everyone study together in one school then only can you have bangsa Malaysia.

"But they did not want this. They did not want to mix with the other races especially the Malays. They did not want their children to mix with Malays and that is apartheid, not us."

Dr Mahathir's administration had proposed the formation of Vision Schools to group national, Chinese and Tamil primary schools in one single compound, but his idea was opposed by DJZ and only a few such institutions were ever set up.

The former prime minister also defended the rights of the Malays to speak up for themselves.

"I would like to say a little bit about the Malay people in Malaysia even though I might be accused of being racist. If the Malay people are not allowed to speak about their problems then they might become a race that do not have any rights in their own country.

"These dangers are true because we can already see the pressure and insults against our people when they are made as minorities in their own community," he explained.

Mahathir told the audience that Malays were lucky because they held political control in the country.
"Even though the Malays were divided by different political parties, there were able to unite and retain power. Malays were respected and feared but now they no longer control the country's power.

"Nowadays people no longer respect us. Whatever is asked by others, even if they are winners or losers and even if they are right or wrong, we have to entertain them. We must respect others, even a little mistake we must apologize on behalf of the Malay race

Friday, March 20, 2009

Ali Must Resign

I read the below article by Martin Cavarlho (from the Star) make me laugh. Now you really have a Deputy President (or rather a DPM) wannabe making stupid and brainless comments.

I thank God that he is out of the race or he will be an insult to everyone's intelligent. And guess what, I seriously don't understand how a brainless person like him could be smart in politics or rather he has conned his supporters.

Now let us look at his really stupid statement (I hope he is misquoted) :

“If that is the case, then Lim Guan Eng and Anwar Ibrahim should step down from their posts as they themselves had been convicted and imprisoned previously,” he added.

Now let me clarify, both Guan Eng and Anwar have served their sentences. Guan Eng got like 18 months and Anwar had his share of about 6 years. Subsequent to that both are barred 5 years after coming out from prison before they can actually run in the election. Note : Both were charged and tried maliciously nothing but political motivated.

Having said that, Ali has just been found guilty by the UMNO Disciplinary Board for breaching party ethics or whatever offence under the UMNO constitution. Not only that he was found guilty but he accepted the decision. He should have challenge the decision if he is innocent. But he did not.

Remember abetting is also an offence. He may not be an active person but knowing it is also wrong. The burden of prove is on him to prove that he is did not commit the wrongful acvt whether as principal or not.

So all Malaysians can assumed (right to an opinion) that he is guilty and that the Opposition has the moral and legal right to lodge a police or a MACC report for corruption. He must then be investigated under the New MACC Act and if found that there are evidence of corrupt practices, he must be charged and trialed under our laws.

Now if Ahmad Said dared to comment about Tan Sri Khalid's car and cows, what about Ali.

I wonder what happen to GERAK? A mouthpiece of UMNO. Or what happen to Ezam?

In short, Ali must resign as Chief Minister of Melaka to allow investigation to the numerous reports lodge against Ali Rustam. Though he may keep his ADUN seat of Bukit Baru until the court decide otherwise.

Ali Rustam slams opposition for asking him to step down


: Umno vice-president Datuk Seri Mohd Ali Rustam hit out at the PKR opposition party for politicising the issue of him being barred to contest in the coming Umno polls.

He said the action taken by Umno’s Disciplinary Board was not in relation to his involvement in money polittics but for infringing party ethics through the action of a third party who was considered an agent.

“They are just trying to exploit the issue by calling for me to vacate my seat as Chief Minister and for the Malaysian Anti-Corruption Commission to investigate me,” he told reporters here Friday.

He described the move by the Opposition as inappropriate.

“If that is the case, then Lim Guan Eng and Anwar Ibrahim should step down from their posts as they themselves had been convicted and imprisoned previously,” he added.

He was responding to two reports lodged against him by PKR with MACC here on Wednesday.

Thursday, March 19, 2009

MBBS University Malaya - Tak Laku

How lah?

No recognition for UM’s MBBS by EU since 1990

KUALA LUMPUR, (March 18, 2009) : The medical degree (MBBS) from Universiti Malaya (UM) has not been recognised by the European Union since its medical student intake of 1990.

Deputy Higher Education Minister Datuk Idris Haron said that according to the General Medical Council’s stipulation, MBBS programmes outside the EU did not qualify for its recognition.

“This ruling does not only apply to the medical degrees from Malaysia, but also from the universities in Hong Kong, New Zealand, Australia and Singapore which offer the same programme and have produced top medical specialists,” he said in reply to a question from M. Manogaran (DAP-Teluk Intan) in the Dewan Rakyat today.

To a supplementary question from Manogaran on the government’s efforts to regain the recognition, he said it was undertaking student exchange programmes with universities in the United Kingdom.

“For instance, we have such a programme with Queen’s University of Belfast for the purpose of transfer of credit, which can contribute to regaining the recognition.

“The effort has been recognised by a number of universities in the group of universities which cooperate with the GMC in EU and the Malaysian Medical Council.”

He said this would also provide an opportunity for universities in Malaysia which offered medical degree programmes to gain the recognition in future. — BERNAMA/ The Sun

It is Definitely Our Business

I wholeheartedly supported my colleagues in PKR and PAS for lodging a report against DAR in MACC.

And I totally disagree with Kota Melaka Umno Youth's banners with the words “PKR Jangan Ganggu Tepi Kain Orang (PKR Stay Out Of Other People’s Business)” as the Ketua Menteri position is definitely the people's business and not exclusive only to UMNO.

Yes he was barred from contesting the Deputy Presidency as he is found guilty by the Disciplinary Board and that is an UMNO matter BUT as the law is no respector of anybody and that there is an element of corruption then he should be investigated by the police or MACC and until he is cleared by the police or MACC, DAR should step down as Ketua Menteri Melaka.

Shouting match at state MACC office (Taken from the Star)

MALACCA: Umno and opposition youth members faced off outside the state Malaysian Anti-Corruption Commission (MACC) office after a group from PKR and PAS arrived to lodge a report against Datuk Seri Mohd Ali Rustam.

Six from the group of 20, including complainant Hairiz Nordin, 26, entered the office at noon yesterday to lodge a report against the Umno vice-president for alleged involvement in money politics as the others waited outside.

Thirty minutes later, some 30 youths from Kota Melaka Umno Youth arrived and unfurled Barisan Nasional banners with the words “PKR Jangan Ganggu Tepi Kain Orang (PKR Stay Out Of Other People’s Business)”.

A shouting match ensued between the two groups with more Umno Youth members arriving later.

The situation grew tense with both sides hurling abuse at each other, prompting intervention by about 20 policemen from the Melaka Tengah station, who kept the groups apart until the PKR and PAS youth members exited the building about an hour later.

The groups then dispersed without any untoward incident.

When met later, Hairiz called on the MACC to investigate Mohd Ali based on the findings of the Umno disciplinary board and to determine if he had used public funds during his party election campaign.

He added that the chief minister should relinquish his post if found to have done so.

Meanwhile, Kota Melaka Umno Youth vice-chief Shadan Othman issued a warning to the Opposition not to involve itself in Umno matters.

Wednesday, March 18, 2009

The Untouchable

I hope so. Or is it just all talk. Or investigated by UMNO police and UMNO MACC branch. Found guilty. The sentence are SUSPENDED, WARN or BARRED. No fine, no jail and no rotan. Exceptionally UMNO.

Above the law. Sure they are.

Hishamuddin wants all candidates investigated

KUALA LUMPUR, March 18 — Umno Youth chief Datuk Seri Hishammuddin Hussein said all party election candidates, including him, should be investigated.

The Umno vice-presidential candidate said if there was strong evidence of any alleged wrongdoing, then the action taken by the party’s Disciplinary Board and Malaysian Anti-Corruption Agency should be fair as their (candidates) credibility was at stake.

“I think all, including myself, should be investigated. But the condition is that it should be fair and there should not arise any suspicion that only certain candidates are investigated,” he told reporters after attending the Umno management committee meeting chaired by the deputy president, here, today.

Hishammuddin said the decision made following investigation should be based on strong evidence and arguments and reliable witnesses’ account.

He was commenting on the investigation by the Umno Disciplinary Board on two candidates for the Umno Youth chief post, party Supreme Council member Datuk Seri Dr Mohamad Khir Toyo and the movement’s deputy head, Khairy Jamaluddin.

Khairy was given a warning while Dr Mohamad Khir was cleared of any wrongdoing.

On the fate of party vice-president Datuk Seri Mohd Ali Rustam who has been barred from contesting the deputy president post due to money politics, Hishammauddin said the question of whether Mohd Ali should remain as Melaka Chief Minister did not arise.

“This is because the action taken against him was under the party’s ruling.

To me, the demand (for him to step down as Melaka Chief Minister) should not be entertained in the context of party discipline,” he said.

Hishammuddin said at the meeting, Mohd Ali who appeared calm and stoic, had stated that the party’s interest was more important than the individual’s.

He said this spirit had always been with Umno members and such an incident (breach of party discipline) had happened in Umno before.

“History has proven that in such cases, ultimately the party is the priority with members closing ranks and those who are genuinely sincere will remain with the party.”

Hishammuddin also said that he was impressed with Mohd Ali’s leadership among the younger generation of leaders.

“I am touched by his demeanour in this sad affair where at the same time, one cannot be above the party regulations and decision,” he added. — Bernama

Tuesday, March 17, 2009

So is MACC investigating DAR?

So DAR (as he is fondly known) has been deemed guilty of offences serious enough to merit being barred from contesting the coming UMNO elections. In BERNAMA below, it is stated that UMNO Disciplinary Board found him guilty for indulging in money politics.

So the golden question now is, will the MACC initiate any investigation against DAR?


KUALA LUMPUR, March 17 – While Datuk Seri Mohd Ali Rustam has been deemed guilty of offences serious enough to merit being barred from contesting in the upcoming Umno elections, he will remain as the Malacca Chief Minister.

Deputy prime minister Datuk Seri Najib Tun Razak said today hoped Mohd Ali would accept the decision with an open heart.

He also urged him to continue contributing to the struggle of the party.

The Umno Disclipinary Board found Mohd Ali guilty of violating party ethics for indulging in money politics and is prohibited from contesting the post of Umno deputy president. – Bernama

Friday, March 13, 2009

Mana MACC?

Mana MACC? Oh I have forgotten, they are interested in Cars and Cows.

Errrr..... wait a minute. Isn't a Range Rover a car? Haha.

Khir Toyo blows up over claims wife given Range Rover

By Neville Spykerman

SHAH ALAM, March 12 — Threats and curses were allegedly uttered at the lobby of the State Assembly here by Opposition Leader Datuk Seri Dr Mohd Khir Toyo, after it was disclosed during proceedings that his wife had been given a RM500,000 Range Rover by a state subsidiary during his administration.

Ulu Kelang Assemblyman Saari Sungib alleged that Dr Mohd Khir had told him to “watch out” as they were leaving the assembly to break for lunch.

“Khir accused me of attacking his wife in the assembly, adding that he would never forgive me and will seek vengeance till the end of time if his wife, Datin Zaharah Kechik miscarried.”

Saari said he told the former menteri besar, who also denied his wife had ever driven the Range Rover, that he was not attacking his wife but was merely asking the state to investigate his claims.

Saari said Dr Mohd Khir looked serious when he made the threats, which he claimed was heard by other assemblymen.

Earlier while debating the Royal Address, Shaari alleged that the Range Rover was purchased by development company Syarikat Cekal Tulen, a subsidiary of Kumpulan Darul Ehsan Berhad.

He said the justification for the purchase was the company needed a robust vehicle for executives to make site visits, but the car was handed over to the wife of the KDEB chairman to use.

“The company had claimed they needed a robust vehicle and the state should investigate the matter.”

Saari also disclosed that Kumpulan Darul Ehsan Berhad (KDEB) had attempted to purchase two luxury cars, worth RM2.5 million early last year.

One of the cars was a Mercedes S500 meant for the KDEB chairman Khir, worth RM1.5 million while the other was a Mercedes S350, which cost almost RM1 million for the KDEB president.

Saari said RM1 million or 40 per cent of the price was paid to a salesman from Cycle and Carriage as down payment, but the cars were never delivered after March 8, when Selangor fell to Pakatan Rakyat.

“As far as I know, the money was also never returned to the state.”

He also said that KDEB had made an unauthorised purchase of two apartments at the Al Marwa Towers, in Saudi Arabia.

According to him the KDEB chairman had issued a personal cheque for RM800,000 as down payment for the two apartments, while in Saudi Arabia, before calling the subsidiary to sanction the purchases.

“The decision to make the purchases were made in Saudi Arabia, not by the board here and the move may be contrary to corporate governance practices.”

Previously it was reported that state investment agency Permodalan Negeri Selangor Berhad (PNSB) had also made unauthorised investments in Mecca, Saudi Arabia.

A total of RM25.6 million was spent by PNSB to acquire 12 units of apartments at the Al Marwa towers.

Saari said the two cases were interrelated and urged the state government to probe the matters.

Officials for the state, today, said officials from KNEB are being queried on all the allegations.

Tuesday, March 3, 2009

Whether Perak Speaker Can Appoint Private Lawyers - Artcle from Loyarburok

Good article on whether the Perak Speaker can appoint Private Lawyers

Perak Speaker can appoint private lawyers


The restriction in the Government Proceedings Act on “public officers” using private lawyers only with the permission of the Attorney General does not apply to the Speaker of the Legislative Assembly of Perak defending a suit brought against him in his capacity as Speaker. Thus, the Ipoh High Court decision to bar Tommy Thomas and others from acting for Speaker Sivakumar is, with respect, wrong.

It appears that Ipoh High Court Judicial Commissioner Yang Arif Tuan Ridwan bin Ibrahim has ruled that private lawyers cannot appear on behalf of Speaker of the Perak State Assembly Sivakumar in the litigation against him brought by UMNO Assemblypersons because of the Government Proceedings Act 1956.

This decision is of particular interest to those concerned with the right of litigants to have an advocate to champion his cause in Court without fear or favour. Regrettably, and with respect, it appears that this decision does not seem to be in line with the provisions of the Government Proceedings Act 1956 read together with the Federal Constitution.

Section 24(3) of the Government Proceedings Act 1956 seems to suggest that the State Legal Adviser must retain advocates and solicitors in order to act on behalf of the “State government” or “State officers” in “civil proceedings by or against the Government of a State or a State officer”. This follows on from sections 24(1) and (2) which provide that law officers (meaning lawyers from the Attorney General’s Chambers) “may” act on behalf of “public officers” who are sued by virtue of his office.

Thus, the law allows for the Attorney General’s Chambers to act or to appoint private lawyers to act for cases against public officers.

The term “public officer” is not defined in the Government Proceedings Act 1956. The Interpretation Act has the following definitions:-
“public office” means an office in any of the public services;

“public officer” means a person lawfully holding, acting in or exercising the functions of a public office;

“public services” means the public services mentioned in Article 132 (1) of the Federal Constitution;
Article 132(1) of the Federal Constitution lists out several public services such as the armed forces, the judicial and legal services, the police service and the general public service. In a nutshell, the public services are what is commonly called government service or civil service.

But Article 132(3)(b) is instructive. It categorically states that “the public service shall not be taken to comprise” the Speakers of Parliament and the Legislative Assemblies of the State.

Hence, it appears that the restriction in the Government Proceedings Act on public officers using private lawyers only with the permission of the Attorney General does not apply to the Speaker of the Legislative Assembly of Perak defending a suit brought against him in his capacity as Speaker.

Thus, the Ipoh High Court decision to bar Tommy Thomas and others from acting for Speaker Sivakumar is, with respect, wrong.

Monday, March 2, 2009

Crisis Deepening in Perak

A Mexican standoff in Perak between the Legislature and the Executive. Zambry the MB of BN Perak has declared that any attempt to hold an emergency sitting of the state assembly a “threat to national security.” I wonder why is this now a threat to national security. What about the coup de tat two months ago. That in my opinion A THREAT. So it's pot calling the kettle black now.

The Speaker versus the so-called Menteri Besar. Interesting war but damage to the economy.

For the sake of the state of Perak and the country, I appeal to HRH to consent to the dissolution of the State Assembly.

----- Malaysian Insider

Law and disorder in Perak

By Leslie Lau
Consultant Editor

IPOH, March 2 – Perak stands on the verge of an administrative breakdown tonight as the state’s executive and legislature appeared locked in battle for control of the state.

Datuk Dr Zambry Abdul Kadir, the mentri besar of the de facto Barisan Nasional (BN) government, has declared an attempt to hold an emergency sitting of the state assembly a “threat to national security.”

“If anyone is involved in tomorrow’s assembly, the government will not compromise with anyone who threatens national security,” he said.

Perak Speaker V Sivakumar has called for an emergency sitting of the state assembly tomorrow where a vote is likely to declare support for the Pakatan Rakyat (PR) government of Datuk Seri Nizar Jamaluddin and call for the state legislature to be dissolved.

Zambry claims that the emergency sitting is illegal without the consent of the Sultan. He cited Articles 8, 11 and 36 of the state constitution.

However, a check with the Perak constitution confirms that Articles 8 and 11 cited by Zambry were not related whatsoever with what he argued.

Articles 8 and 11 are in relation to the state seal, and the executive action of the authority being conducted in the Sultan’s name, respectively.

Article 36 says, among other things, that “His Royal Highness shall from time to time summon the legislative assembly and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session.”

However lawyers representing the Speaker are arguing that the last sitting of the assembly had only been adjourned sine die, or indefinitely. Therefore, the emergency sitting would only be a continuation of the last sitting.

Meanwhile, Speaker Sivakumar also said tonight that he will be suspending assembly secretary Abdullah Antong Sabri and has appointed Nizar’s political secretary, Misbahul Munir Masduki, as replacement.

The Speaker said Abdullah had failed to exercise his duties impartially when the latter claimed that the emergency sitting would be invalid without royal consent.

Sivakumar also called on the police to ensure that all state assemblymen would be allowed to attend tomorrow’s sitting without interference or obstruction.

He says he intends to invoke the powers of the assembly to commit those responsible for stopping the assembly to appropriate punishment.

Sivakumar cited Section 124 of the Penal Code, which is related to the crime of attempting to induce or compel or wrongfully restraint any member of the legislature.

The Perak state secretary’s office has issued a directive to lock the gates tomorrow to the building, where the state legislature is located, ahead of an emergency sitting of the state assembly called by Sivakumar.

The directive appears to suggest civil service and executive interference in the legislature in what some lawyers say is a clear violation of the constitution and the doctrine of separation of powers.

The Perak police chief also issued a statement this afternoon in which he said the emergency sitting is “invalid” and advised members of the public not to gather at the state assembly.

These various directives appear to suggest the state Barisan Nasional (BN) government is trying to stretch to the limits its advantage of incumbency to prevent a vote in the assembly tomorrow, which it may lose.

Tok Guru Nik Aziz ..... You Are The Man...

After a gloomy week of race politics by UMNO, in particular UMNO Youth, Tok Guru Nik Aziz's words of wisdom came in as a fresh air and sweet aroma of hope to Malaysia.

Well, with the name calling of 'traitor' et al seems to be flying here and there in the past one month after the Perak state constitutional crisis, nevertheless, Tok Guru's statement come in just handy, hitting bull's eye especially when it comes from the very conservative, revered, and well respected Malay leader in this country.

Tok Guru, you are the man...


©The Malaysian Insider (Used by permission)

MARCH 1 – In extraordinary remarks today, Pas spiritual leader Datuk Nik Aziz Nik Mat said the use of the term “bumiputera” smacks of racism and deprived other races of government aid.

His comments, made in Kota Baru today, will certainly spark debate, especially since it comes from a Malay leader who is widely respected even by his foes in Barisan Nasional and Umno.

In calling the term bumiputera racist, he appears to be drawing a clear line between his Pas party and the Pakatan Rakyat (PR) from that of Umno, which has been championing the special rights of Malays.

Nik Aziz’s remarks was made in response over growing criticism from the conservative spine of Umno against comments made by DAP’s Dr Boo Cheng Hau, the opposition leader in Johor.

Dr Boo was reported to have compared “bumiputeraism” with apartheid.

Umno leaders have demanded an apology from Boo, and say his comments were a challenge to Malay rights and the constitution.

Umno’s Utusan Malaysia also described Boo’s remarks as a part of DAP’s agenda to form a republic.

But Nik Aziz was reported by Bernama as saying today that not only did the term smack of racism but deprived other races sharing similar rights and having the same identity cards of government assistance.

“In an election, other races are allowed to cast one vote, so are the bumiputera," he said.

Nik Abdul Aziz said the government should form a body to manage aid for the poor in the country and not cater only for a single group known as the bumiputera.

“I don’t like the (use of the) word bumiputera. What I like is (use of the word) poor, for all races,” he added.

He said the poor, regardless of their race, should be given assistance.

His statement appears to be also in line with Anwar Ibrahim’s concept of “Ketuanan Rakyat,” or supremacy of the people, which has been used to diffentiate PR parties from Umno’s “Ketuanan Melayu,” or Malay supremacy.