More power to MACC if BN wins big

PUTRAJAYA: Prime Minister Najib Tun Razak today said the Malaysian Anti-Corruption Commission (MACC) will be given more power to appoint and sack MACC members if the Barisan Nasional gets a two-thirds majority in the coming general election.

He added that the government is studying the proposal for the status of the post of chief commissioner of the MACC to be based on the Federal Constitution, just like the posts of Attorney-General, Auditor-General and court judge.

He said this was to ensure the independence and transparency of the commission.

He said he also agreed with the view of the MACC advisory board for an anti-corruption service commission with the power to appoint and sack members of the MACC be set up to see to the real independence of the body.

"But this requires the Federal Constitution to be amended. God willing, if Barisan Nasional is given the mandate of a two-thirds majority in the coming general election, appropriate amendments will be made to the constitution and the anti-corruption service commission will be formed," he said when opening a programme for commissioned integrity officers at the Putrajaya International Convention Centre today.

He said currently, the process of appointing and sacking MACC officers was made through the Public Service Commission, but with the establishment of an anti-corruption service commission, it could itself screen, interview, appoint and terminate the service of MACC personnel.

Najib said the MACC required a special body to select personnel based on quality and credibility to carry out work which needed certain expertise.

Additional appointments

He said if this proposal could be implemented, many professionals in the country who wished to serve MACC could do so more easily and efficiently.

On carrying out of tasks, Najib said he understood and viewed seriously the constraints and inadequacies faced by MACC, especially with regard to manpower and budget, and these matters were also raised by the MACC advisory board at their meeting with him.

He said that in 2008, the then Anti-Corruption Agency (ACA) had 1,840 personnel and when MACC was set up, the number was in fact less and was at 1,805 as of July last year.

Najib said with limited manpower, MACC could not possibly perform effectively.

"Based on this justification, I agreed to an additional 150 appointments each year until the number reaches 5,000. The yearly addition of 150 is made as the process of appointing officers for MACC is different from that of other government officers as they need certain type of training and expertise."

Najib said the patterns of corruption had become increasingly complex and global today, cutting across boundaries, thus requiring MACC to hire professionals and experts in various fields to check the crime.

He said among the identified fields requiring a high level of professionalism and expertise were forensic accounting, engineering, communications, information technology and law.

On the programme for integrity officers, Najib said it was a measure to ensure effective public service delivery through a form of monitoring of an organisation's internal affairs, thus enhancing transparency.

This programme was drawn up to produce qualified integrity officers entrusted with the role of planning, implementing and monitoring the effectiveness of integrity programmes at their respective ministries, departments and agencies, he said.

-Bernama

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Independence of service- The way we were.

• Najib announced today that he would give MACC more power if BN were returned to power. I think that offer is of little value because one thing PR will do is that they will revamp the entire MACC structure including the independence of its function. What Najib should have done is either to give independence to MACC now or offer more value added offer after the GE. Today if the PM presents a motion to the Parliament to make MACC truly independent, no MP will object. If they do they will face the wrath of the people. The current offer is not good enough even for level minded people like me to bite.

• Historically the Malaysian PSC grew from the British legacy system that was based on the Northcote-Trevelyan Report (1845). It laid down the public service ethos which emphasized that a politically neutral civil service means complete loyalty to the government of the day regardless of its political complexion. The PSC today were established under Article 139 of the FC. It is responsible for the general administration of the Public Service of the federal government. The commission has the authority to appoint and dismiss most members of the services. It gives advice to the King of Malaysia regarding appointments to positions that he has designated as Special posts. The Chairman and other members of the Commission are appointed by the King  at his discretion, as laid down in Article 139(4) of the Federal Constitution.

• Unfortunately things change in the late 60's.  Prior to the change the PSC was very independent. The PSC determines its own promotion without any need for endorsement or interference from any ministers. Today unfortunately the appointment of officers to key position in all Ministry requires the endorsement of Minister or the PM before it is being sent to the King for approval. In the Malaysian Armed Forces it was very independent until sometime in 1975. The late Tun Razak changed it despite the strong public objection from General Sany. 

• In fact Sany spoke his mind about the matter. Something that none of today Malaysian Generals are capable of doing. The RMAF general in fact gave away the Sg Besi airbase the moment Najib cough! Today our KSN, KSU, IGP, CDF and the Chiefs of various Military Services are no longer independent. They have become spineless. What ever the Generals want to do  they have to look on the impact on their shoulders and post retirement benefit. They are made to remember about the fate of General Sany who was left in the cold after his retirement.  I urged Najib to offer something of real value in Malaysia. Let the PSC, the Military and the RMP be independent. Let them decide among themselves on who should go up. But then maybe I am just asking too much from the government.

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Wake up, vote Pakatan

It is time for the rakyat to give Pakatan at least three terms in governing. After all, BN has been given the mandate to govern for over half a century.

An absent-minded professor was late for his lecture. He jumped into a cab and shouted, "Hurry! At top speed!" As the cab sped along, he realised that he hadn't told the driver where to go, so he shouted, "Do you know where I want to go?" "No, sir," said the cabbie "but I'm driving as fast as I can."

The above anecdote was quoted from page 177 of the book "One Minute Nonsense" written by the late Father Anthony de Mello, a Catholic Jesuit priest from India and it exemplifies perfectly the sorry state the Barisan Nasional federal government is in – on autopilot mode. Nonetheless, many of the citizens of Malaysia can also be said to be in an equal state of stupor.

Much has been said, much has been written, much has happened since the previous general election in March 2008 till now and yet there are still many Malaysians in a stupor with regards to the politics and economics of this nation. Even some of those who have access to the internet have difficulty in changing their mindset. There is a Chinese proverb which says: 'It is easier to move mountains than to change a person's character." How true this is!

And it is those citizens and voters who are still asleep who will bring disaster to the nation as they continue to vote in the rogue regime which continues to plunder the wealth of the nation. There are many Malaysians who think that BN can do no wrong and the opposition can do no right. Is this the result of political apathy? Or the comfort zone syndrome – "as long as I can earn a living, I don't care what else is happening in the country?" At the end of the day, the rogue regime will continue to win in the polls but this time if they do win, the results will bring nothing but calamity to the rakyat

So far according to ground reports obtained from friends of this columnist, there is no clear indication yet whether events such as BN's Perak power-grab or the Bersih rally in July last year will be enough to stir the imagination of the majority of the voters and shake them out of their stupor in order for them to vote in the opposition.

What BN has failed to solve

That is the reason why Prime Minister Najib Tun Razak is cunningly delaying the polls. He is hoping that the rakyat will forget about the Bersih rally, the Perak-grab, Teoh Beng Hock's death plus other failures of the BN government.

Be that as it may, here is a list of a few of the problems that the incumbent government has failed to solve:

1. Widening income/wealth gap – The recent fracas during the distribution of the RM500 cash aid at the PPR Flats in Taman Beringin in Jinjang Utara on Feb 17 showed that there are many poor people in Malaysia from all the races as the widening income/wealth gap has spiralled out of control;

2. Unemployment among Malaysians – Mega projects plus thousands of jobs for Malaysians are being announced by BN leaders and yet all we see is the influx of more and more foreign workers.

3. Poverty – Among the three major races, the Indians are having the most difficulties according to their population ratio. This fact was given to this columnist by Pakatan Rakyat's Indian MPs. There are also poor urban Malays sleeping along the walkway facing the riverbank near the KL Central Market area. As for the Chinese, those who are not well-educated for one reason or other have scrimped and saved enough to go overseas to work illegally. Statistics are not available but from snatches of conversation in Chinese coffeeshops, this columnist heard that they are doing well and have sent money to their folks back home in Malaysia.

As for the Sabahans and Sarawakians, the people live in abject poverty in the interiors. There are no proper tar roads and their mode of transport is either by one's own feet or by boat. There are no modern sanitation systems nor piped water.

4. EPF dividend – The 6% dividend is no big deal. During the 1980s to early 1990s the dividend rate was 8% or more but after the Asian Financial Crisis which hit our shores in July 1997, it was downhill all the way. Looks like Malaysia has never really recovered from the Asian Financial Crisis. Of course the Fixed Deposit interest rate in the banks are miserable, being only at 3.25%.

5. Salary stagnation – The increase of 2.6% in the salary scale since 1998 seems to reaffirm the fact that Malaysia has lost its competitive edge.

All the above attest to the fact that the BN government has failed to alleviate the problems of the rakyat. There are pockets of assistance here and there but nothing really solid. The RM500 cash aid also came about due to the presence of a strong opposition. This shows that a strong opposition will only work out to the rakyat's benefit because BN must work hard to get the people's vote.

Still, all these piecemeal measures by BN will not save the nation from the brink of disaster. It is time for the rakyat to wake up to give Pakatan at least three terms in governing. After all, BN has been given the mandate to govern for over half a century.

If the rakyat are still asleep, the whole nation of Malaysia will be like the taxi driver in the above story who is driving as fast as he can but without knowing his destination! What a catastrophe.

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Talk – First World: Strategy – Race, Religion and Sex scandals

If you take inventory of the breaking news and media bursts in the main stream media and the alternative media, you cannot help but conclude that Malaysian politics is no better than that of fourth world countries.

But for the fourth world countries, it is quiet understandable as they not only do not have aspirations of becoming a developed status nation by 2020, they also do not have all the trappings and mega-sized projects to scream 'we are developing fast' or 'satu lagi projek oleh BN' as in the local context.

BN: First world aspirations with fourth world politics

Take an honest look at Malaysia.

We have been parading to the world through dubious media means and paying through our nose for photo sessions with the President of the USA and other notable leaders in the world.

We have been promoting our so-called tourism with tax payers money with a "Truly Asia" slogan to bag with when Petaling Street is fleecing off the tourists notoriously.

We have pumped our petrol-dollars into into all sorts of mega-projects and even borrowed without shame to put up these towering structures only to be ending up under-utilized and begging for rentals.

But in our own political yards we are reduced to race, religion and sex gambits to win voters' support. The daily ration of scream for blood is getting bolder by the days.

Disgusted supporters are now blowing the whistle on BN corruption

We are choking with corruption – allegations from both sides of the political divide. The moment the opposition rolls out a solid case of corruption, there is bound to be a rebuttal – not one of mere denials alone but a counter allegation of sorts to bag with.

You ask the Bapa Modern Malaysia (Tun Dr Mahathir Mohamad) and he of course will drum up a war-cry siting a foreign enemy heading to our shores to take over this nation through the opposition parties.

Ah, if only territorial wars were so easy, we need not have had two world wars, Tun!

The once upon a time BN supporters have also started spilling the beans that gives chocking and palpitating evidence of corruption, mismanagement, greed and what have you. The impartial action that would be expected to address the cases is never in sight and even if it was it is a roller-coster of sorts. This is also another fourth world practise.

Indeed, BN which has had the exclusive advantage to govern the country is fraying on its seams. That is a fact. Even all the honorary awards clinched by leaders and their shadow partners (spouses) cannot save BN from the fact that BN has pawned its legacy of trust given by the rakyat.

Hopefully members of the main stream media will one day soon collectively have the courage and the values to say enough is ennough and rescue media freedom from the claws of fourth world politicking and tribal power bases.

Threats to use bloodshed grow

As we near the 13th GE, it is becoming even more evident that the keris is bent on wanting to spill blood at all costs to ensure BN remains majority rule.

This is no different from the tribal and waring factions that fourth world nations are entrenched in.

If a nation wants to be re-classified as a developed nation, then it must also demonstrate a political turf that is of par with the democratic nations that have matured over the years.

Even in neighboring nations that have have a longer lifeline to attain developed status are ahead of Malaysia. Their politicians do not talk about race, religion and sex. They do not scream for blood. Rather they fight over policies, philosophies, direction setting for the entire population. They fight about promises of progress, development and achievements.

But look at our political battles here. It is all about this race against another; this religion against another; video tapes of sexploits; raids of khalwat; who stole what; and what have you.

Bunch of corrupt tribal chiefs

There is more. If you are a civil servant you must stay away from democratic participation in socio-political and socio-economic or environmental issues that implicate BN's questionable management.

Is this any different from the machine-gun totting tribal chiefs of fourth world countries? No of course.

No small wonder then that the longest serving premier claims that Malaysians are immature and therefore we cannot have open, transparent, intellectual public debates. Mind you, only tribal leaders of fourth world nations would clamp down like this. Right?

It is really very sad is it not? The once promising 'Rising Tiger' is today a wounded wolf. And who can we blame?

Leadership! And the very fact that BN has been at the rudder of nation-building, it must take accountability for the sordid and sorry state of politics in Malaysia today.

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Final countdown for Shahrizat and a twist for the ‘spurned’ Raja Nong Chik

The headline of an English daily screamed PDRM wants NFC Directors charged under CBT. Obviously, it is another big blow to Umno minister Shahrizat Jalil and family in the prolonged scandal, in which they have been accused of abuse of power and possible graft in NFC cattle breeding project.

This scandal has captivated the public, mainly because it showcases the political patronage in the country. Please don't get me wrong as I am not against Shahrizat personally but just wish to apply the principles of integrity to the government, nation and country. I have a past track record of criticizing our Umno-BN leaders over a number of issues as I do not have any personal interest or need any patronage from the PM or other ministers.

I have contributed numerous articles, interviews in the alternative and social media since the 1980s, always without fear or favour. I am of course entitled to my political affiliation and like Jessie Ooi, I too have a right to speak up even though I support Umno-BN. Any clown has a problem with that?

Shahrizat's daughter? Hell hath no fury like a spurned Nong Chik!

Anyway, in this case, it is clear Shahrizat has overstayed her welcome in the fedeal Cabinet where she holds the Women's and Community Development portfolio. Since the NFC issue was raised by the Accountant-General last year, who pointed out a messy situation with clear  "weaknesses" in management, she has persistently denied any link even though her husband and three children call the shots in the project, which was awarded to their family in 2006 by the then Agriculture minister Muhyiddin Yassin with the nod from the government.

Shahrizat, a well-educated lawyer in her own right, even went on the offensive in order to protect the interest of her family and friends. Wise or not, I will not comment but it is absolutely clear that in doing so, Shahrizat has in the course of her 'unsolicited defense' implicated a number of people, including some senior ministers and officials.

One of the victims is none other than FT minister Raja Nong Chik, who has even been accused of trying to tackle Shahrizat's beautiful 27-year-old daughter but was spurned. And this is why RNC, as he is called, had gone on rampage, wreaking a terrible revenge on the entire Shahrizat family by blowing the whistle on NFC.

To me, it sounds as ridiculous as the Datuk T sex scandal. But it's now up to RNC to speak up and clear his name, and also to keep his wife and family from being the target of this unhealthy form of politicking – whoever the perpetrators may be.

No one is indispensable

As a friend and a political comrade, I wish to advise Shahrizat that nobody is indispensable in this world, including politicians who come and go by force, resignation or dismissal. Let me quote John Morley, "Those who would treat politics and morality apart will never understand the one or the other".

Our mentors, former PM Mahathir Mohamad and senior minister Rafidah Aziz, have said that Shahrizat should know her own fate and not implicate others or drag them into her quagmire, including Prime Minister Najib Razak, who has been a model of patience and understanding to her and her family despite the huge pressure he faces from the public and the opposition over the scandal.

For sure, NFC will bring down the integrity level of the Cabinet as well as that of the Umno-BN. Shahrizat should take a leaf from MCA president Chua Soi Lek, who resigned from all his party and government posts in 2008 to cleanse himself before coming back strongly in 2010 to beat Ong Tee Keat for the top MCA job.

Public money involved, there is no escape

There is public money involved in the NFC scandal through unsecured loans and therefore, justice should be served under any circumstances without any direct or indirect interference from the prime minister or the administration.

PKFZ is still ongoing although until now Tun Ling Liong Sik, Chan Kong Choy and other senior officers have been called by the court to make their defense. I believe the others involved, and this includes Umno leaders, will not escape punishment. The PKFZ issue is a hot potato still in the Chinese community. It is clear the MCA is concerned and Soi Lek even mentioned it during the recent MCA-DAP debate.

In conclusion, I urge Shahrizat to honour her own integrity by surrendering her government post, and allow Wanita Umno to call for an Extraordinary General Meeting to decide on her party position as soon as possible.

The 13th general election is closing up and Umno-BN needs to redeem its image and instil confidence in order to win with a bigger majority under Najib Razak.

To Shahrizat, please do not rock the boat and bring down Umno, the party that has given you the trust and opportunity to serve this great nation of ours. Umno-BN did not lose faith in you even when you lost your parliamentary seat. So, take a break. Come back another day to fight based on principles and without fear or favour.

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Mahathir past cascading into the Najib present – powerful reasons for full accounting for the ...

Tajudin had claimed that former premier Mahathir had made him buy MAS to help bail out Bank Negara after the central bank suffered massive foreign exchange losses due partly to speculation in foreign currency markets as a "national service" with an "Overriding Agreement" to indemnify him against any losses suffered. 

Lim Kit Siang

Recently, the past has fast cascaded into the present – or to be more specific, the Mahathir past cascading into the Najib present.

Today the High Court in Kuala Lumpur fixed March 5 to decide whether to end the multi-billion ringgit legal battle between Malaysian Airlines (MAS) and Tan Sri Tajudin Ramli, by striking out MAS' mega claims against Tajudin as well as his RM500 million counter-claim against the government and the national carrier.

Tajudin has been entangled in a complicated series of expensive suits, countersuits and appeals with various parties arising from his failure to service a billion ringgit loan he took to purchase a major stake in MAS in 1994.

Tajudin was the executive chairman of the airline from 1994 to 2001.

In 2002, MAS lodged its first police report against Tajuddin, accusing him of allegedly causing the flag carrier to suffer losses in excess of RM8 billion.

According to a report to the Anti-Corruption Agency, a major contributor to the record losses under Tajudin was the relocation of MAS's cargo operation in Amsterdam and Frankfurt to a single hub in Hahn, Germany, where the airline was forced to enter into a disadvantageous aircraft lease contract with a company, which was later linked to Tajudin's family.

The new cargo hub operation had caused MAS to suffer losses of between RM10 million and RM16 million a month before the project was terminated after the government regained control of MAS in 2001.

The termination resulted in a RM300 million arbitration claim against MAS by the company.

MAS has had a turbulent past decade after the government bought back the airline from the former corporate high-flyer at RM8 per share or about double the market price at the time. The airline was at the time saddled with a debt reported to be RM9.5 billion.

In 2009, Danaharta and two of its subsidiaries won a RM589.143 million suit against Tajudin. The case arose after the tycoon borrowed RM1.792 billion from a group of syndicated lenders in1994 to purchase a 32 per cent stake in MAS.

However, from 1994 to 1998 he failed to service the original loan, causing it to become a non-performing loan (NPL).

In 1998, Danaharta acquired the NPL from the lenders but Tajudin also failed to settle his debts to Danaharta until it was in default of RM1.41 billion as at October 8, 2001.

As part of a settlement agreement, Tajudin was to pay RM942 million in four instalments over three years and that he was permitted to redeem his charged shares at a minimum price per share.

Tajudin, however, defaulted in the payment of the quarterly interest payable under the settlement agreement and on April 27, 2002, the plaintiffs terminated the settlement agreement and demanded RM1.61 billion from him.

On April 29, 2002, Danaharta, together with its subsidiaries Danaharta Urus Sdn Bhd and Danaharta Managers Sdn Bhd, sold part of the charged shares consisting entirely of Technology Resources Industries (TRI) shares at RM2.75 per share, resulting in total proceeds of RM717.39 million.

As at December 31, 2005, the amount outstanding was RM589.14 million and on May 11, 2006, Danaharta and the subsidiaries commenced action to recover the money. The national asset management company won its case against Tajudin in 2009.

But the ex-MAS chief filed a counter suit claiming RM13.46 billion from some 22 parties and individuals.

Tajudin alleged, in his affidavit, that he was directed by former Prime Minister D! r Mahath ir Mohamad and former Finance Minister Tun Daim Zainudin in 1994 to buy a controlling stake in MAS to bail out the government.

Tajudin had claimed that former premier Mahathir had made him buy MAS to help bail out Bank Negara after the central bank suffered massive foreign exchange losses due partly to speculation in foreign currency markets as a "national service" with an "Overriding Agreement" to indemnify him against any losses suffered.

Although Tajudin's claim has been denied by Mahathir, the former Prime Minister's rebuttal has little credibility.

Last August, Putrajaya intervened and commenced action to put an end to the controversial legal battle by ordering all suits against Tajudin to be dropped.

On February 14, Danaharta and Tajudin reached "out-of-court settlement", the terms of which remain confidential between the two parties, where all suits pertaining to the RM589.14 million that Tajudin was ordered to pay to the firm in 2009, would be dropped and Tajudin agreed to withdraw a total of 27 appeals, 11 against Danaharta.

The question, whether the RM580 million out-of-court "renunciation" of Tajudin's debts is proof that Malaysians today are still paying for the RM100 billion financial scandals perpetrated in the 22 years of Mahathir premiership, has been asked but not answered.

There is now the seccond question - whether a settlement of the multi-billion ringgit litigation between MAS and Tajudin, with the striking out of their mutual claims against each other, would also be in consequence of the same factors and forces resulting in the government "surrender" of the RM580 million court judgment against Tajudin?

It is indeed time to revisit the RM100 billion "black hole" created by Mahathir's financial scandals in his 22 years of premiership, especially! if the present generation of Malaysians are to pay for the sins of Mahathir's past premiership.

There can be no better start to revisit Mahathir's financial scandals in his 22 year as Prime Minister than to refer to Chapter 6 "Scandal, What Scandal?" of Barry Wain's "Malaysian Maverick – Mahathir Mohamad in Turbulent Times", which started with the following two paragraphs:

"Dr. Mahathir's administration took office in 1981 with the slogan bersih, cekap amanah – clean, efficient, trustworthy. Almost immediately, however, it became embroiled in financial scandals that exploded with startling regularity, some of them truly spectacular. A few were of an order of magnitude that could have bankrupted most developing countries. But tropical Malaysia was generously endowed with natural resources, notably offshore hydrocarbon deposits, and commanded by a leader committed to rapid development. The expanding economy absorbed the shock of much of the dissipated wealth, and where necessary, the gaps left by the missing billions were plugged with the proceeds of oil and gas exports.

"Almost all the scandals involved the government directly, or senior officials and businessmen closely connected to UMNO. In some cases, impropriety – whether illegal or merely ill-advised – was officially authorized or condoned for an allegedly higher purpose. Public funds were stolen in various ways, or simply poured into a big black hole in the name of ventures that bordered on the reckless, improbable or criminal. The extent of the losses – and in some cases the way the money disappeared – was never fully documented. Dr. Mahathir's administration generally did not hold Malaysians accountable for the financial disasters, and of! ten laid the blame on others. By the early 1990s cynics remarked that it had been a good decade for bad behavior, or a bad decade for good behavior."

In this chapter, Barry Wain estimated that Mahathir's financial scandals would have created "a big black hole" of RM100 billion.

With the Mahathir past fast cascading into the Najib present whether because of the MAS "double bail-outs" triggered by the 1992/3 RM30 billion Bank Negara forex scandal, they are all powerful reasons demanding full accounting for the RM100 billion "black hole" caused by Mahathir's financial scandals of 22 years.

 

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Anti-Lynas rally a test of Najib’s resolve

Nigel Aw

The Najib administration was today challenged on two fronts – its insistance over the safety of the Lynas Advanced Material Plant (Lamp) and execution of the Peaceful Assembly Act 2011.

Some 15,000 people descended on Kuantan today backed by hundred others in solidarity rallies across the country including Kuala Lumpur, Sarawak, Perak, Sabah and Penang.

The events were triggered by the Atomic Energy Licencing Board's (AELB) decision to approve a Temporary Operations Licence (TOL) for the Lamp, that has prompted the largest protest in the country since last year's July Bersih 2.0 rally.

Prime Minister Najib Abdul Razak appeared to have felt the heat, with Nanyang Siang Pau quoting him saying that the TOL will not be issued to Lynas if the public was not comfortable with Lamp.

Najib reportedly said this just hours after the rally concluded in Kuantan, the capital of his home state Pahang, and a short drive away from his constituency of Pekan.

The prime rally in Kuantan today saw locals and outsiders turning up in force to voice their dissatisfaction against what they see to be an environmental disaster in waiting.

It brought together several other groups afflicted by environmental concerns throughout the country and even cultural activists who are dissatisfied with the MRT project at Jalan Sultan.

While these people had their various concerns, they were unified by their dissatisfaction towards the federal government.

'Opposition capitalises on discontent'

Perhaps sensing the potent combination of dissatisfied groups, the opposition wasted no time in capitalising on the rally.

While condeming Lynas, opposition leader Anwar Ibrahim in his speech which capped off the rally declared: "If we capture Putrajaya, we will cancel Lynas' (plant)."

Meanwhile, DAP supremo Lim Kit Siang had also warned BN that today's rally was a warning that it may lose more seats in Pahang come general election.

As political party members unfurled their party banners, a couple was heard whispering: "They shouldn't do this, tomorrow the newspapers will say that we've been hijacked by political parties."

Politicians had undoubtedly attempted to benefit from today's major rally, but there were equally large numbers of common folk, local and non-locals who were passionate and sincerely concerned about the project.

Common folks, real concerns

A 60-year-old grandfather who only wanted to be known as Haji Mohamad had said: "I'll probably die in five or six years but my future generation will suffer because of Lynas".

While the young were passionate in their cause, most of the elderly people interviewed admitted that they were unclear of the details of Lynas, but simply opposed it because they felt the risk posed towards their children and grandchildren wasn't worth it.

On the virtual front, Lynas' website was hacked and replaced with a fluttering Malaysian flag with the words: "Stop Lynas, Save Malaysia".

However, regardless if the rally was a combination of genuine concern for Lamp or a political opportunity, it has increased the pressure on the government.

Although the TOL had been approved, it has not been issued pending compliance of several conditions set for Lynas.

New law's first test

On the government's side, this was its first opportunity  to redeem itself after the highly-criticised Peaceful Assembly Act 2011 came into force with today's rally being the first major to take place under the new law.

Despite rally organisers violating the new law by briefly marching and bringing children to the rally, Kuantan OCPD Mohd Jasmani Yusof appeared lenient, stating that he would advise rally organisers and that it would serve as a future example.

Suhakam commissioner Mohd Sha'ani Abdullah who was present as an observer had praised the police's performance today but stressed that the Peaceful Assembly Act remains flawed and must be improved.

Police today largely facilitated the rally from the sidelines and had merely advised participants who had gathered elsewhere to proceed to the designated site.

The law imposes rigid restrictions on peaceful demonstrations, however no major complaints were received from participants or organisers.

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Mahathir past cascading into the Najib present – powerful reasons for full accounting for the ...

Tajudin had claimed that former premier Mahathir had made him buy MAS to help bail out Bank Negara after the central bank suffered massive foreign exchange losses due partly to speculation in foreign currency markets as a "national service" with an "Overriding Agreement" to indemnify him against any losses suffered. 

Lim Kit Siang

Recently, the past has fast cascaded into the present – or to be more specific, the Mahathir past cascading into the Najib present.

Today the High Court in Kuala Lumpur fixed March 5 to decide whether to end the multi-billion ringgit legal battle between Malaysian Airlines (MAS) and Tan Sri Tajudin Ramli, by striking out MAS' mega claims against Tajudin as well as his RM500 million counter-claim against the government and the national carrier.

Tajudin has been entangled in a complicated series of expensive suits, countersuits and appeals with various parties arising from his failure to service a billion ringgit loan he took to purchase a major stake in MAS in 1994.

Tajudin was the executive chairman of the airline from 1994 to 2001.

In 2002, MAS lodged its first police report against Tajuddin, accusing him of allegedly causing the flag carrier to suffer losses in excess of RM8 billion.

According to a report to the Anti-Corruption Agency, a major contributor to the record losses under Tajudin was the relocation of MAS's cargo operation in Amsterdam and Frankfurt to a single hub in Hahn, Germany, where the airline was forced to enter into a disadvantageous aircraft lease contract with a company, which was later linked to Tajudin's family.

The new cargo hub operation had caused MAS to suffer losses of between RM10 million and RM16 million a month before the project was terminated after the government regained control of MAS in 2001.

The termination resulted in a RM300 million arbitration claim against MAS by the company.

MAS has had a turbulent past decade after the government bought back the airline from the former corporate high-flyer at RM8 per share or about double the market price at the time. The airline was at the time saddled with a debt reported to be RM9.5 billion.

In 2009, Danaharta and two of its subsidiaries won a RM589.143 million suit against Tajudin. The case arose after the tycoon borrowed RM1.792 billion from a group of syndicated lenders in1994 to purchase a 32 per cent stake in MAS.

However, from 1994 to 1998 he failed to service the original loan, causing it to become a non-performing loan (NPL).

In 1998, Danaharta acquired the NPL from the lenders but Tajudin also failed to settle his debts to Danaharta until it was in default of RM1.41 billion as at October 8, 2001.

As part of a settlement agreement, Tajudin was to pay RM942 million in four instalments over three years and that he was permitted to redeem his charged shares at a minimum price per share.

Tajudin, however, defaulted in the payment of the quarterly interest payable under the settlement agreement and on April 27, 2002, the plaintiffs terminated the settlement agreement and demanded RM1.61 billion from him.

On April 29, 2002, Danaharta, together with its subsidiaries Danaharta Urus Sdn Bhd and Danaharta Managers Sdn Bhd, sold part of the charged shares consisting entirely of Technology Resources Industries (TRI) shares at RM2.75 per share, resulting in total proceeds of RM717.39 million.

As at December 31, 2005, the amount outstanding was RM589.14 million and on May 11, 2006, Danaharta and the subsidiaries commenced action to recover the money. The national asset management company won its case against Tajudin in 2009.

But the ex-MAS chief filed a counter suit claiming RM13.46 billion from some 22 parties and individuals.

Tajudin alleged, in his affidavit, that he was directed by former Prime Minister D! r Mahath ir Mohamad and former Finance Minister Tun Daim Zainudin in 1994 to buy a controlling stake in MAS to bail out the government.

Tajudin had claimed that former premier Mahathir had made him buy MAS to help bail out Bank Negara after the central bank suffered massive foreign exchange losses due partly to speculation in foreign currency markets as a "national service" with an "Overriding Agreement" to indemnify him against any losses suffered.

Although Tajudin's claim has been denied by Mahathir, the former Prime Minister's rebuttal has little credibility.

Last August, Putrajaya intervened and commenced action to put an end to the controversial legal battle by ordering all suits against Tajudin to be dropped.

On February 14, Danaharta and Tajudin reached "out-of-court settlement", the terms of which remain confidential between the two parties, where all suits pertaining to the RM589.14 million that Tajudin was ordered to pay to the firm in 2009, would be dropped and Tajudin agreed to withdraw a total of 27 appeals, 11 against Danaharta.

The question, whether the RM580 million out-of-court "renunciation" of Tajudin's debts is proof that Malaysians today are still paying for the RM100 billion financial scandals perpetrated in the 22 years of Mahathir premiership, has been asked but not answered.

There is now the seccond question - whether a settlement of the multi-billion ringgit litigation between MAS and Tajudin, with the striking out of their mutual claims against each other, would also be in consequence of the same factors and forces resulting in the government "surrender" of the RM580 million court judgment against Tajudin?

It is indeed time to revisit the RM100 billion "black hole" created by Mahathir's financial scandals in his 22 years of premiership, especially! if the present generation of Malaysians are to pay for the sins of Mahathir's past premiership.

There can be no better start to revisit Mahathir's financial scandals in his 22 year as Prime Minister than to refer to Chapter 6 "Scandal, What Scandal?" of Barry Wain's "Malaysian Maverick – Mahathir Mohamad in Turbulent Times", which started with the following two paragraphs:

"Dr. Mahathir's administration took office in 1981 with the slogan bersih, cekap amanah – clean, efficient, trustworthy. Almost immediately, however, it became embroiled in financial scandals that exploded with startling regularity, some of them truly spectacular. A few were of an order of magnitude that could have bankrupted most developing countries. But tropical Malaysia was generously endowed with natural resources, notably offshore hydrocarbon deposits, and commanded by a leader committed to rapid development. The expanding economy absorbed the shock of much of the dissipated wealth, and where necessary, the gaps left by the missing billions were plugged with the proceeds of oil and gas exports.

"Almost all the scandals involved the government directly, or senior officials and businessmen closely connected to UMNO. In some cases, impropriety – whether illegal or merely ill-advised – was officially authorized or condoned for an allegedly higher purpose. Public funds were stolen in various ways, or simply poured into a big black hole in the name of ventures that bordered on the reckless, improbable or criminal. The extent of the losses – and in some cases the way the money disappeared – was never fully documented. Dr. Mahathir's administration generally did not hold Malaysians accountable for the financial disasters, and of! ten laid the blame on others. By the early 1990s cynics remarked that it had been a good decade for bad behavior, or a bad decade for good behavior."

In this chapter, Barry Wain estimated that Mahathir's financial scandals would have created "a big black hole" of RM100 billion.

With the Mahathir past fast cascading into the Najib present whether because of the MAS "double bail-outs" triggered by the 1992/3 RM30 billion Bank Negara forex scandal, they are all powerful reasons demanding full accounting for the RM100 billion "black hole" caused by Mahathir's financial scandals of 22 years.

 

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Pakatan blamed for spiralling property prices

GEORGE TOWN: The Pakatan Rakyat state government's not so people-friendly policies and actions are the main causes for the sky-rocketting property prices in Penang.

"Property prices in Penang are now slipping out of reach of most middle-income earners in the state," state BN working committee chairman Dr Teng Hock Nan said.

He said sales of state-owned lands to private developers and high premium charges on development are the main reasons behind the spike in property prices.

He pointed out to the controversial sale of land in Bayan Mutiara to a private developer as an example of how Chief Minister Lim Guan Eng's administration is helpimg to push up property prices.

Teng said property prices in Penang have leapt exorbitantly the past three years with prices going up by over 70%, and in some places, more than 100%.

A single-storey terrace house in Air Itam, Sungai Nibong and Bayan Baru, which previously cost between RM250,00 and RM350,000, is now between RM700,000 and RM1.2 million.

No doubt there is a general trend of booming property prices everywhere and many locals are aware that Penang recorded the highest price boom compared to other states.

Citing the cost of a 700 sq ft property in Penang, Teng said such apartments previously cost less than RM200,000 under Barisan Nasional administration but now have now doubled.

Bayan Mutiara land issue

"The state's land policy has contributed to price boom in Penang. The state government must do something about it," he told a press conference at the BN state office in Bayan Baru.

He said the state government should play a pivotal role to check and balance the prices, rather than helping to push property prices up beyond the reach of the lower income group.

'The poor and middle classes seem to have no chance of owning any property at all," he added.

On the Bayan Mutiara land issue, Teng said Lim's decision to sell the land to a private developer would come back to haunt Penangites in the long term.

He called on Lim to address all issues pertaining to Bayan Mutiara raised by not only BN but also the public, including revealing details of its sale.

He said Lim should stopped beating around the bush and come clean on the land deal as he was accountable to the people for the land sale.

He asked why all the procedures of an open tender were not adhered to and observed if the deal was done through an open tender process.

He said Lim must answer when the tender was opened to the public and where was the tender committee to assess all the applications.

"These are all the requirements of an open tender but yet no one knows about all the details," said Teng.

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Anak mohon campur tangan Sultan negeri

PETALING JAYA: Persatuan Anak Peneroka Felda Kebangsaan (Anak) akan mengadap Duli Tuanku Sultan Negeri-negeri mulai Mac ini bagi menyekat hasrat kerajaan untuk menyenaraikan Felda Global Ventures Holdings (FGVH) di Bursa Malaysia Mei depan.

Menulis dalam harakahdaily hari ini, Presidennya Mazlan Aliman berkata Anak bersama Gerakan Selamatkan Felda (GSF) akan memohon perkenan Tuanku Sultan agar campur tangan supaya Tanah Felda Plantations di negeri masing-masing tidak dipajak kepada FGVH.

"Bahkan Anak akan menyerahkan memorandum suatu cadangan bagaimana tanah seluas 360,000 hektar boleh dimanfaatkan untuk rakyat dan menjana perolehan baru kepada kerajaan negeri," katanya.

Menurut beliau, langkah Kerajaan Negeri Kelantan yang bercadang memajukan tanah Felda Plantation seluas 55,000 hektar dengan memasukkan 8,000 peneroka baru terdiri daripada anak Kelantan sangat relevan, sesuai dengan saranan Anak selama ini.

Himpunan Rakyat Perdana

Dalam isu berkaitan, Mazlan berkata Anak menyokong penuh usaha Biro Felda dan Orang Asal PKR mengutip 100,000 tandatangan bantahan penyenaraian FGVH yang bakal diserah kepada Perdana Menteri Datuk Seri Najib Tun Razak pada 30 Mac ini di Putrajaya.

Bahkan, jika ianya gagal melunakkan pendirian Najib untuk terus menyenaraikan FGVH pada 10 Mei depan seperti disebut (Menteri di Jabatan Perdana Menteri) Datuk Ahmad Maslan maka satu Himpunan Rakyat Perdana dijangka akan diadakan pada April ini.

"Puluhan ribu warga Felda akan menyerlahkan keberanian mereka untuk turun berarak bersama rakyat lainnya menyerahkan memo kepada Yang di-Pertuan Agong di Istana Negara.

"Ingat, nasib Kerajaan Barisan akan ditentukan melalui undi 55 kawasan Parlimen dan 92 Dewan Undangan Negeri yang ada pengundi Felda pada PRU (Pilihan Raya Umum) ke 13 nanti," tambah beliau.

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Karpal: Have laws to protect media

PETALING JAYA: National DAP chairman Karpal Singh wants the government to introduce new laws to protect journalists who are on duty.

"I call upon the government in the sitting of Parliament commencing on March 12 to introduce the necessary legislation to achieve this objective, failing which I will move a private member's bill for that purpose," said Karpal, who is also Bukit Gelugor MP in a press statement today.

His comments comes following reports of two journalists from Chinese daily, Kwong Wah Yit Poh, who were injured while performing their duty.

The duo – Lee Hong Chun, 25, and Adam Chew, 29 – were injured while covering an anti-Lynas, Himpunan Hijau 2.0 in Georgetown, Penang, yesterday.

Karpal also stressed the important role that journalists play in ensuring media freedom which is essential in a democracy and called for press members to be protected.

"The country should strive towards having a first world freedom of the press.

"For that to be achieved journalists must be given every protection while they are on duty on the ground covering events and exposing themselves in the course of those duties to violence."

The veteran DAP leader suggested that journalists be deemed as public servants while on duty as provided by section 353 of the Penal Code.

Section 353 reads: "Whosoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment for a term which may extend to 2 years or with fine or both."

Terming the whole episode as "scandalous", Karpal also urged the police to "leave no stone unturned" in bringing the culprits to justice since pro-Lynas group members had blocked the vehicle of Penang Chief Minister and DAP secretary general, Lim Guan Eng.

"Lim's car was blocked from moving forward by the pro-Lynas group who even dared to bang on the vehicle," said Karpal.

Tags: Karpal Singh, Lee Hong Chun, Adam Chew, Lim Guan Eng, DAP, Kwong Wah Yit Poh, press freedom

See Also:

NUJ condemns assault on journalists

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Watch the UMNO Gangsters at the Penang Anti-Lynas Protest

Read the story and view more photos and videos from masterwordsmith  HERE

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Competition Act in sync with developed nations

FMT LETTER

From M Saravanabavan, via e-mail

Fair competition has become central for developing countries like Malaysia, which need to compete with developed countries. Globalisations of businesses have significantly contributed to the need for fair competition. Developed nations, namely the UK, Japan, the European Union countries, Australia and the United States have already implemented Competition Laws to ensure fair competition within the market of their nations.

To quote Faizah Jamaludin , a partner from Skrine & Co ,'The implementation of the Competition Act will bring Malaysia in line with over 100 jurisdictions worldwide including its Asean neighbours Indonesia, Singapore, Thailand and Vietnam. It will regulate all types of businesses from multinationals to the small medium enterprises ('SMEs') and 'mom and pop' shops'.

As promised by the Malaysian government, The Competition Act 2010 recently came into force on the 1st January 2012. The Competition Act 2010 will apply to all sectors of the economy.

However, there appears to be some form of confusion among businesses and general public in regard to the operation of this Act.

What is meant by competition law? The United Nations Conference on Trade and Development (UNCTAD) addresses the notion of 'competition law' as "a law that seeks to prevent distortions of competition resulting from anticompetitive arrangements between enterprises or from the abuse of market power by dominant firms."

This means that Competition law protects competition in a particular industry. In the era of globalisation, where growth is swift and speedy, competition is vital amongst businesses to ensure the progressive development of the industry. The UK Competition Commission Guidelines described competition as "a process of rivalry between firms …seeking to win customers' business over time."

UNCTAD states that the objective of competition law is to "control or eliminate restrictive agreements or arrangements among enterprises, or mergers and acquisitions or abuse of dominant positions of market power, which limit access to market or otherwise unduly restrain competition, adversely affecting domestic or international trade or economic development."

To simplify the above jargon, this means the Act can be used for the maintenance of effective competition. It can also be used to hamper and inhibit the monopoly of a certain economic power.

Similar to UNCTAD objective, the Malaysian Competition Act in its preamble states that it aims "to promote economic development by promoting and protecting the process of competition, thereby protecting the interest of consumers."

In regard to the Malaysian Competition Act, our Domestic Trade Cooperative and Consumerism Minister, Ismail Sabri Yaakob commented: "We are excited to have the Act in place because then we would have the authority to act against companies, which gang up to set a high price for goods or services. The Competition Act will allow us to act against those who monopolise certain type of businesses and prevent them from increasing their fees indiscriminately without considering the consumers just because the public are not able to get similar service elsewhere"

It is clear from the above that Parliament's intention is to create a legal framework to level the playing field. All business, regardless of their size would enjoy a healthy competition process. Everyone will get to participate in the market on equal terms.

Wan Liza in her 2011 paper "Competition law: Seeking a level playing field" states that it is not only the enterprises that are included under this Act but also companies, wholesalers, financial institution, state owned companies and government linked companies.

The Act ensures that producers, wholesalers, and retailers may not engage in any conduct that distorts healthy competition. This sentiment has also been echoed by Richard Malanjum, the Chief Judge of Sabah and Sarawak in his speech at "The Journal of Contract Law Conference 2011" where he reiterated that this law prohibits all anti-competitive agreements and conduct.

It was stressed by Celestine in her 2011 paper "Competition Policy Impacting Professional Practice" that whilst it is not an offence to dominate a particular business, it is however an offence for companies to abuse such a position of dominance by, inter alia, the imposition of unfair prices and trading conditions, limiting productions, boycotting supplies and/or customers and the overall predatory behavior to competition.

Indisputably, the intended end result of the Competition Act 2010 will be maximisation of consumer welfare. As mentioned earlier, any capable firm or company can participate in the industry with the equality of arms. The Act will encourage producers, suppliers and manufacturers to compete and innovate. As Wan Liza points out, consumers will benefit in getting quality products at a good price.

There will be no mark up in prices, no collusion among the similar business to raises prices to benefit competitors and no abuse of monopoly of dominant companies or enterprises that will hinder customers/buyers from an option of having choices to get supplies from several sellers.

This Act will be enforced by the Malaysian Competition Commission ('MyCC'), which has been given the powers of investigation and enforcement such as entering and searching premises and of obtaining documents and information including computerised data. The Competition Commission Act 2010 was passed to provide for the creation of a Commission and its functions and powers as well as to control monopoly activities and will be used as the authority to take action against companies involved in such activities.

Who will be liable? Celestine argues that under the Act, individual directors, chief executive officers, chief operating officers and managers would be personally liable for their company's offences unless they prove that the offence was committed without their knowledge, consent or connivance.

With these initiatives, Malaysia has taken a giant step in moving towards realising the vision of a developed nation. The market has been liberalised and competition has been promoted. However, as with all legislation, this legal framework will only function if the administration and implementation of this law is effective.

The Commission must be staffed by persons with relevant knowledge of competition law, business and economics. An impartial and independent Commission is needed to execute the daunting task of implementing the provisions of the Competition Act 2010 in Malaysia.

Nevertheless, it can be said with sufficient optimism that the Malaysian Competition Act 2010 is a much necessary legislation in the 21st century and perhaps we can all agree with Ismail Sabri when he referred to The Competition Act 2010 as 'the new constitution for the business sector'. With the adoption of a National Competition legislation, there is no doubt that Malaysia is in sync with its target of achieving developed nation status by 2020.

The writer is an advocate and solicitor

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Amid China’s Railway Ministry’s Corruption Scandal, we should look within Malaysian shores ...

 

As many Malaysians in the know – that Mahathir power of attorney crony Syed Mokhtar Al-Bukhary is out to take over KTMB and assume ownership of KTMB then it will be up to him to decide which crony should get the job and who would give him the handsome kickback prior to being chosen as the main contractor. And when shit hits the fan, Syed Mokhtar will dump KTMB citing losses and offering a million excuses to force the government to buy back from Syed Mokhtar, the government will then have no choice but to step in and bail out at probably double the market price, which is a repeat of the great Tajudin Ramli-MAS scandal.  

 

Adam Malik

 

As the Gemas-JB electrified double track railway project (EDTP) stretch is the final package for the EDTP, and has been delayed for more than a decade, we feel that it is high time the government takes immediate measures to award and implement the project as soon as possible.

 

Many quarters have argued that the government should consider a strong local party to become the project delivery partner and even the main contractor for the Gemas-Johor Bahru stretch; echoing this, may I suggest the government should consider looking within the shores of Malaysia itself. By awarding the job to the most qualified local main contractor, this will pave the way for local players to increase their expertise and portfolio once undertake this project and boost the confidence in the Malaysian ability to complete such works. More so, this is a great opportunity to showcase the varied capabilities Malaysia as a whole has to offer to the region.

 

Why should we even consider the Chinese at this stage? Reason being, firstly, the Chinese Railway Ministry is known to be corrupted and the cover-ups are well blanketed by all agencies of China. So how can we justify giving any contracts to a corrupted party, and by right we should not do so until this party clears itself of all corruption. If the Prime Minister of Malaysia gives a contract to any Rail party linked to Beijing now without them first clearing their name, then the Prime Minister himself is compromised.

 

Hence when the scandals first hit local Chinese media with regard to the former railway minister Liu Shijun who was then charged with corruption and embezzlement charges together with three other railway ministry officials, many news media then have started feeding news of lurid backroom dealings which has since dampened some of the crowing over the high-speed trains, which has also been hit with concerns over the real cost and safety of lines that has been and will be constructed.

 

This should pose a great danger for our PM Najib to consider before appointing them as this will create further controversy and an outright adoption of corruption. It is understood that our Prime Minister Najib also wrote a letter to the Prime Minister of China favoring one of the candidates. So the question is how can our Prime Minister be so one sided when it comes to a foreign Chinese company? Has our Prime Minister taken any money from any of these parties that he must give the contract to a bunch of corrupt Chinese companies at a time when Malaysian companies are starving for contracts to survive?

 

Just have a quick re-look. "The rail ministry has been run like an independent kingdom for years," said Hu Jintao, China's own Premier. "The concentration of power has caused inefficiency and mismanagement, and it's a hotbed for corruption." Corruption is the name of the game for the Chinese companies; so what does that say about our Prime Minister if he gives the contract to a party that he knows full well is corrupt.

 

Secondly, the Chinese Railway firms lack clear and present safety record. This is evident in the many China bullet train crashes which have happened in the past year, despite widespread upgrading works being done. This is the effect corruption has on this industry, where safety standards is compromised which resulted in major accidents happening as corrupt officials had stolen from its construction budget. The point is lives are lost. People die in such accidents and who is to be blamed?

 

Due to above reasons, China country's railways have come under constant scrutiny and China construction of railway lines is desperately easing up the throttle but still all the problems and scandals persist. For safety reasons, the new head of China Railway system told that the trains would lower their top speed. This slowdown marks a blow to the ambition of the Chinese government and we in Malaysia should take heed.

 

No doubt, the Chinese Government is making efforts to crack down on graft, which is one of the main triggers of public discontent, and is seen executing high-profile officials accused of corruption. However, this process to stamp out corruption within the government in a rapid growing economy will need time before all the chips fall into place. Furthermore, the fight against graft is hampered by the lack of an independent judiciary.  In the meantime, if the Malaysian government wishes to immediately award such major project to existing China Railway Ministry subsidiaries, until immediate change is seen it will be akin to cutting from the same corrupt cloth.

 

Mind you, the level of corruption in the rail companies is not a Kuala Lumpur-sized corruption – rather, it is corruption in the world's largest economy. The mismanagement in China's railway ministry has already been highlighted in the press globally, from CNN, Al-Jazeera and BBC, even China's state-controlled press could not cover it up entirely after pressure from these news agencies. Now give me one good reason why our government should place the lives of its people in the hands of corrupt Chinese companies?

 

The Najib administration has from the beginning agreed that the Gemas-Johor Bahru EDTP will be a project given priority for the Chinese companies. But given the above scenario with regard the Chinese government railway ministry – very controversial and very corrupt -opportunities should now be given to the qualified local players who possess the right expertise and track record in this area, also internationally competitive companies. We have an excellent slew of local companies who are able and ever willing to take on such mammoth project to add to their order book, but more so an opportunity to shine in the railway engineering industry. This impact will have major impact to provide new jobs in the market and more liquidity in the economy. So why is PM Najib adamant in giving to the Chinese? Is there something more than meet the eye? Money perhaps.

 

The more important question here is, as the Prime Minister of Malaysia, how can he award such a contract to a foreign company tainted in corruption and knowing full well there is no safety standard to be adhered to – should an accident occur in the near future, no other than the PM will be held accountable. Even tendering process will not exempt the PM of the responsibility and duty as PM, the vanguard of the Malaysian interest and safety! . As the bottom line is – why is the government still extending tender to the same three crooked Chinese companies with three lousy safety standards all under the Chinese Ministry of Railway which is proven to be corrupt ? Might be better if PM Najib just asks for his letter that he wrote to be shredded or this will be the document that will hang PM Najib in the near future.

 

Hence, as PM of the Malaysian Rakyat, what does this mean? Simply put it, as a reasonable and responsible PM - regardless of the promise that he has made that the award for the final package of EDTP is for the Chinese companies, PM and the Najib administration should reconsider this promise and to weigh it carefully against the important things such as the safety of its people and to make good any wrong judgment made. Heaven forbid, if a crash happens soon in Johor – who will be blamed for this if not the PM himself?

 

However, a word of caution to the PM and his administration – let this also be a new beginning  to award projects by merits and not to another politically-linked! crony c ompany. Don't tell me we have to stomach another huge 30% to 50% variation order and cost overruns. The people are very tired and very much aware of yet another repeat of this fabulous money-making scheme. So many (countless) taking shape including how Air Asia is raping MAS – can you imagine Tony shut down the only lucrative Dubai-KL route so that Air Asia can start in Dubai a hub for another low cost carrier?

 

Back to our topic – why is the government considering giving such a huge contract to the Chinese when we know that the scandals and corruption have not been resolved? Would we give a crooked plumber another job in our house when we already know he is corrupt? If we did, then it merits investigation like the big NFC scandal that the BN is trying to cover up. So why is the government behaving so strange? Of course, PM Najib will give that lame excuse – I have already given my word to the Chinese that they would build the track. Funny, they didn't tell you Najib they were corrupt, nor did they tell you that they would compromise on the lives of the innocent ordinary Malaysians. Did they?

 

As many Malaysians in the know – that Mahathir power of attorney crony Syed Mokhtar Al-Bukhary is out to take over KTMB and assume ownership of KTMB then it will be up to him to decide which crony should get the job and who would give him the handsome kickback prior to being chosen as the main contractor. And when shit hits the fan, Syed Mokhtar will dump KTMB citing losses and offering a million excuses to force the government to buy back from Syed Mokhtar, the government will then have no choice but to step in and bail out at probably double the market price, which is a repeat of the great Tajudin Ramli-MAS scandal.  

 

Mind you, the great Syed Mokhtar is already in control of Malaysia's rice, sugar, water, proton, power plants, ports, bread, post, airport, seaports, books and whatnot, yet his company is in debt of up to RM20billion and counting. What to do… he is representing Mahathir right? And Najib has no balls to correct this wrong after Alttantuya? So Najib goes and do another grave wrong – award the Chinese companies which will give Syed Mokhtar a big kickback to build a track which will lead to an accident and claim many Malaysian lives, just as it did in China.

 

So please Pete, maybe if PM Najib reads this, he will realise that it is time to show the Malaysian people that Najib has balls and that the Najib administration is serious about change from within – Actions speaks louder than words. Appoint any Malaysian companies for all I care, UEM, MRCB, Ah Chong Sdn Bhd – so long as you are not playing with the lives of Malaysians with the proven lousy track record of the Chinese and the corrupt Chinese Rail Ministries and Ministers.

 

Salam.

 

Concerned Rakyat

Adam Malik

Labis

 

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Allowing Anson Wong’s appeal unwise

FMT LETTER

From Jane Priya, via e-mail

The World Wide Fund for Nature-Malaysia (WWF-Malaysia) views the recent Court of Appeal's decision to allow the appeal of convicted wildlife trader Anson Wong as flying in the face of efforts by stakeholders to curb the rising threat of illegal wildlife trade in Malaysia.

From media reports, it is understood that the Court of Appeal considered that the High Court erroneously relied on facts such as cruelty to the snakes, two other snakes that were in his possession but omitted from the charge and failed to consider the fact that Anson Wong had pleaded guilty, as being the basis for allowing his appeal against the five-year sentence.

WWF-Malaysia respectfully disagrees with the Court of Appeal's view that the custodial sentence of 18 months served by Anson Wong was justice served in this case.

Anson Wong can hardly be considered a 'first time' offender. He is an internationally known notorious wildlife trafficker whose illicit operations were part of a global network in illegal wildlife trafficking. He was convicted in 2001 in the United States for smuggling endangered species and was sentenced to 71 months in prison.

WWF-Malaysia can only assume that when the High Court enhanced Wong's sentence, it took into consideration multiple factors such as the fact that he was a convicted wildlife trafficker, a man who has escaped the reach of the law for a long time in Malaysia, an obvious repeat offender with high probability of offending again, and perhaps most importantly, that given the severity of the threat that illegal wildlife trade has on the survival of wildlife species, any sentence must be deterrent and exemplary.

In order to fully understand the Court of Appeal's decision to allow Wong's appeal, despite such aggravating and substantive circumstances, WWF-Malaysia respectfully requests that the Court of Appeal prepares its full written judgment of their grounds for allowing the appeal.

We also urge the Chief Justice to urgently look into the establishment of an Environmental Court as it is evident that only such a specialised court, sensitised to the realities on the ground in relation to biodiversity conservation, will be able to administer justice in respect of such issues.

The writer is WWF-Malaysia's Media & Public Affairs Senior Executive

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All doom and gloom for our wildlife

FMT LETTER

From S M Mohd Idris, via e-mail

Poaching, hunting, trapping and snaring of our endangered wildlife are frequently featured in the news. The situation has reached a climax especially for wildlife with high commercial value as almost all animals are killed from fish to wildlife for food and trade.

Poaching is rampant with poachers from  neighbouring countries making inroads through the unmanned porous borders which made it easy for them to operate and decimate wildlife at will.  The situation is aggravated with growing human settlements encroaching into protected forests, as well as roads cutting into  forest complex as in the case of the East West highway traversing through the 300,000ha forests in northern Perak, providing over 80 entry points for poachers. The situation is totally unacceptable in a country that claims to be effectively addressing illegal wildlife trade.

With wildlife being pushed to the brim by habitat loss, poaching, the flourishing commercial trade and sophisticated wildlife criminals, Sahabat Alam Malaysia (SAM) is disheartened to see how lightly the Natural Resource and Environment Ministry (NRE) and Perhilitan seem to take this matter.  The Wildlife Conservation Act 2010 appears skewed towards exploiting rather than protecting wildlife through the issuing of licences for hunting, keeping, dealing, taxidermy and  trade.

The hunting of game animal has drastically reduced  prey  in the forest for tigers,  leading to drastic plunge in the wild tiger populations along with other factors. Although hunting permit allows the holder to bag just one deer no one actually knows if they just kill one. SAM has repeatedly called for a ban on hunting  licences of all forms which  should be considered at all costs.

Continuous land shrinkage with the conversion of  vast ecosystems and wildlife habitats from lowland forests to wetlands being converted into plantations, industries and the manufacturing sector, and human settlements is a tragedy of unimaginable proportion for our wildlife.

Rare and endangered tapirs, leopard cats, and many rare species have become victims of road vehicles when they cross roads that bisect their forested homes. Presence of roads cutting through forested areas has always been a cause of accidents involving wildlife.

Tapirs and other wildlife displaced by development or rescued from ditches, wells, road sides and snares are increasing as they continue to be driven out of their habitats by forest segmentation  and surrounding pressures.

Animals need to move safely across highways in order to find food and mates.  Highway authorities and Perhilitan should conduct surveys to find out if highway viaducts are being utilised by large mammals and the factors affecting their effectiveness.  This will enable them   to identify important wildlife habitats where highways should be avoided in order to reduce the risk of forest fragmentation.

Data on road kills are no less important than field date on animal sightings because any population that is impacted by development is vulnerable to population fluctuation.  With data generated Perhilitan will be in a good position to work with state forestry departments in identifying forests of high conservation value, to ensure appropriate use of these forests and secure enough habitat for viable populations of tapir and other species.

The most crucial conservation measure is still to protect their habitat and give them space to roam. Our wildlife are living on borrowed time and unless drastic action is taken, all will be doomed.

The writer is president of  Sahabat Alam Malaysia (SAM)

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