Sarawak Headhunter

BN Admits Complicity In Illegal Practices Constituting Election Offences

2013-05-02T22:50:00.001+08:00

Chartered flights paid for by 'friends of BN', says Ku Nan

Malaysiakini

May 2, 2013

Comments by Sarawak Headhunter in red as usual.

BN secretary-general Tengku Adnan Tengku Mansor has denied PKR de facto leader Anwar Ibrahim's claims that "dubious" voters from East Malaysia will be flown in chartered flights to the peninsula to vote on Sunday.

Bernama quoted him as saying that the flights were in fact organised and paid for by "friends of BN" to send "registered" voters back to their hometowns to vote.

Whether or not these are "dubious" voters, paid for by "friends of BN", Tengku Adnan's admission of knowledge of these chartered flights shows BN's complicity in various breaches of section 20 of the Election Offences Act.

"There is no substance whatsoever to opposition allegations that passengers were anything other than registered Malaysian voters," he reportedly said.

Let us hear him and UMNo's Legal Advisers try to establish that there is no substance to Sarawak Headhunter's allegations that these acts are illegal practices constituting election offences under the Election Offences Act, and that BN is complicit in these offences.

Anwar said his party has obtained photographic and documented evidence that 16 chartered flights have been flying to the peninsula everyday from various locations in East Malaysia.

He also claimed that the Prime Minister's Office (PMO) was involved in purported operations to fly in the voters.

According to the national news agency, the PMO officials however denied it. In a brief statement, the spokesperson said: "The Prime Minister's Office denies any involvement in these flights."

Meanwhile, Tengku Adnan also reportedly defended the move, saying that it is normal for political parties and NGOs to encourage voters to return to their polling centres.

He claimed that the opposition had chartered buses to ferry voters back from Singapore, and that pro-electoral reform group Bersih had paid to fly Malaysians back from Shanghai and Hong Kong.

"The opposition is casting doubts about the fairness of the electoral system in a cynical attempt to undermine Malaysia’s democracy.

"It is a calculated campaign to discredit the electoral system ahead of the election. The opposition are preparing an excuse for their likely loss," he was quoted as saying.

At a press conference in Petaling Jaya today, Anwar (right) also said that PKR has obtained a copy of email communications within Malaysian Airlines (MAS) that made a direct reference to the PMO in relation to the chartered flights.

MAS has however denied that it is ferrying phantom voters ahead of the polling day.

"MAS wishes to clarify that all chartered flights in the national carrier’s system are commercial chartered flights," The Star Online quoted it as saying today.

Well, this is what section 20 of the Election Offences Act says (relevant portions highlighted):

Certain expenditure to be illegal practice

20. (1) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made—

(a) on account of the conveyance of electors or voters to or from the poll, whether for the hiring of vehicles, vessels or animals of transport of any kind whatsoever, or for railway fares, or otherwise; or

So, "friends of BN" have definitely commited an offence here.

(b) to or with an elector or voter on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill or notice.

(2) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this section, shall also be guilty of an illegal practice.

Under this subsection, not only the persons making such payment or contract ("friends of BN") are guilty but the airlines, being the persons receiving such payment or being a party to any such contract are also guilty of an illegal practice. How many counts of illegal practice will there be, if each passenger is taken into account?

It may also be argued that the passengers themselves are parties to the contract, even though they may not have paid for the fare. They would this be guilty too.

(3) A person shall not let, lend, or employ for the purpose of conveyance of electors or voters to and from the poll any vehicle, vessel or animal of transport of any kind whatsoever which he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such vehicle, vessel or animal of transport knowing that it is intended to be used for the conveyance of electors or voters to and from the poll he shall be guilty of an illegal practice.

If somehow the airlines are not caught under subsection (2), they will definitely be caught under subsection (3) above, which is very clear.

(4) A person shall not hire, borrow, or use for the purpose of conveyance of electors or voters to and from the poll any vehicle, vessel or animal of transport of any kind whatsoever which he knows the owner thereof is prohibited by subsection (3) to let, lend, or employ for that purpose, and if he does so he shall be guilty of an illegal practice.

Even if the "friends of BN" make the argument that no payment was made, they cannot escape from subsection (4), which makes it clear that they cannot hire, borrow or use airplanes ("vessels of transport") which the airline owner is prohibited by subsection (30 from letting, lending or employing for the purpose of conveyance of electors or voters.

(5) Nothing in subsection (3) or (4) shall prevent a vehicle, vessel or animal of transport of any kind being let to, or hired, employed, or used by an elector or voter or several electors or voters at their joint cost for the purpose of being conveyed to or from the poll.

This is an exception clause where the airplanes may be let to, or hired, employed, or used by electors or voters at their joint cost. Let's see them scramble to arrange this after the fact and condemn themselves in further complicity.

(6) Notwithstanding anything in the preceding provisions of this section—

(a) where it is the ordinary business of an elector or voter as an advertising agent to exhibit for payment, bills and advertisements, a payment to or contract with such elector or voter, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section;

(b) where electors or voters are unable at an election to reach their polling stations from their place or residence without crossing the sea or a branch or arm thereof or a river, means may be provided for conveying such electors or voters to their polling stations, or to enable them to cross the river in order to reach their polling stations, and the amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by this Act:

This is another exception, with a catch:

Provided always that such means of conveyance shall be made available equally to all such electors or voters who wish to avail themselves thereof.

If BN or the "friends of BN" have not made available equally such means of conveyance (by air & also by bus probably in this case) to all electors or voters, they are still guilty of an offence in each case.

It would be most interesting to see how BN and the "friends of BN" and also the Elections Commission wriggle out of this predicament.

Portions of the opinion given above were made by a lawyer friend and conveyed through Sarawak Headhunter.

Al Tugauw
Sarawak Headhunter

UMNo/BN's Dirty Tricks to Stop RFM, RFS & Sarawak Report

2013-04-12T04:26:00.000+08:00

Radio Free Malaysia, Radio Free Sarawak and Sarawak Report all Hacked

The websites for Radio Free Malaysia, Radio Free Sarawak and the news portal Sarawak Report, which represent free media in Malaysia, have all been subject to relentless DDOS attacks since the beginning of this week.

Today, Thursday 11^th April, the sites were hacked and all three were brought down. The attacks have coincided with various forms of jamming which have been attempted against the broadcasts of both the independent Radio Stations, which operate from outside of Malaysia.

Radio Free Sarawak is at 1100-1300 UTC on 15230 kHz Short Wave and Radio Free Malaysia is at 1300-1500 UTC on 1359 kHz Medium Wave. Both stations are still available on Sound Cloud:

https://soundcloud.com/radiofreesarawak
https://soundcloud.com/radiofreemalaysia

Malaysia, which poses as a democracy, has nevertheless one of the most restrictive medias in the world, dominated by the ruling Barisan National coalition. Widespread access to the internet has broken into that monopoloy over information in recent years, however, evidently causing considerable concern to a government beset by recent scandals and corruption investigations involving senior figures.

Disruption of independent online news portals is regular in Malaysia and entirely expected after the disollution of Parliament finally took place last week, in anticipation of elections due on May 5^th. The human rights organisation Suaram has also been knocked offline as have the news outlets Free Malaysia Today and Malaysian Insider.

The Distributed Denial Of Service (DDOS) attacks have been mounting against the anti-corruption site Sarawak Report for the past few weeks. The site has focused on exposing timber corruption over the past three years, demonstrating how the destruction of the Borneo Jungle has been driven by a small number of politically connected individuals in the East Malaysian states of Sarawak and Sabah.

Yesterday, Wednesday 10^th April, the site was targeted by 64 million hits designed to take down its server. The sister sites for the two radio stations received similar attacks. Most of the attacks have radiated out of Russia and Eastern Europe and site administrators were able to fend off the onslaught until the site itself was hacked earlier today.

The NGO Access Now, which campaigns to support freedom of expression on the internet, has moved to assist the websites in their purpose of providing independent news and information to Malaysian voters in the run up to May 5^th.

“This is a pretty typical pattern for an automated attack”, explains Gustav Bjorksten from Access Now, “anyone opposing a dictatorial power tends to get attacked by DDOS. With the calling of an election you can pretty much set your clock by it”.

Behind the attacks are criminals who build large ‘botnets’, which they then hire out to people who pay, for example governments trying to suppress inconvenient information. The cost is phenomenal, with the sort of major attacks sustained by Sarawak Report running into hundreds of thousands of dollars over a period of weeks.

The botnets operate through a web of a very large number of compromised computers, which send out millions of emails to disable the target sites. The common perpetrators are based in Russia and countries in Eastern Europe, including Lithuania and the Ukraine. Turkey is also a centre for this kind of activity.

“This is a pretty big attack” Bjorksten said of the assault on Sarawak Report and its sister sites, “they are serious, they want you off line”.

Clare Rewcastle Brown, the Editor of Sarawak Report and the Founder of Radio Free Sarawak and Radio Free Malaysia, which operate out of London in order to avoid Malaysian censorship, said today that the Malaysian Government was only showing itself up by resorting to such tactics.

“This is not a proper expenditure of taxpayers’ money and it only goes to prove how vulnerable this 50 year old regime feels to the truth” she said. “BN controls every single news paper and broadcast outlet in Malaysia, which are all forced to pour out propaganda favouring their party and to attack opposition leaders without allowing them their right of reply. And yet BN are nevertheless clearly terrified by even the most modest platforms providing independent news or alternative information".

"They are also plainly threatened by the evidence about outrageous corruption by the party’s top politicians, who have been robbing the country in recent years and amassing astonishing fortunes. Such evidence is suppressed in the mainstream media, yet Malaysia has been stripped of its resources and wealth by the political classes, who are exporting huge sums into tax havens abroad. Particularly in the rainforest states of Sabah and Sarawak the mass of ordinary people have been left poorer than ever".

“The BN establishment clearly feel unable to defend themselves against the mass of available evidence of this corruption, so they are resorting to attempting to silence the messengers. It won’t work and it just reveals them for what they are, which is politicians who dare not subject themselves to free and open debate”.

“It is really quite shameful that a government such as Malaysia should consider it appropriate to resort to hiring criminals with taxpayers’ money. They talk about the benefits of winning the “cyber-war” as if there was some honour in what they are doing. This is a dishonerable tactic and it shows just what a sham this supposedly democratic election is, where the critics of bribes, gerrymandering and vote-rigging are being silenced by such means”.

What UMNo Malays Don't Realise Or Don't Want To Accept

2013-04-10T11:43:00.001+08:00

Why can’t some Malays accept the fact?

April 10, 2013

FMT LETTER: From Fishmonger, via e-mail

It is very difficult to get many Malays to understand and accept the sad fact that Umno, the one founded by Tunku Abdul Rahman, is dead and gone. Deregistered as enginered by Mahathir a/l Iskandar Kutty.

Mahathir in his anger at being sacked from Umno by Tunku, plotted revenge against Tunku and Umno. Tunku saw in Mahathir an evil man and many in Umno supported his decision. Mahathir’s best vengence is to allow Umno to be de-registered. And to top it up, he rubbed salt into Tunku’s wound, he formed Umno baru, and coerced Umno members to join Umno Baru. Tunku died a sad man.

Till today, many Malays think that Umno Baru belongs to them, that Umno Baru and Umno is one and the same. They still think they are better off than before, than other Malaysians – which is far from the truth.

The new Umno Baru is solely his, Mahathir’s party. Mahathir made use of the blind patriotism of the Malays to his personal advantage. He used race, religion, royalty to hoodwinked the common Malays to give him their unwavering loyalty, support and adoration. He made sure that Malays became dependent on him, his Umno Baru. That they forever be grateful to him and can only stand on crutches, he said so himself.

Today we don’t have Umnoputras. We only have Umno Barua-putras, a different breed altogether. These new breed has no soul, no shame, no conscience, no integrity, utterly corrupt, resort to threats, blackmail, misuse the law, give out citizenship to undeserving foreigners while rejecting citizenship to bona fide Malaysians, abuse the judiciary, abuse religion for political gains, blackmail the PDRM, MACC, Jabatan Immigresen, civil service, election commission to do its biddings. I could go on and on and I could fill a volume larger and bigger than Rosmah’s biography.

For the past 30 years, Umno Baru held Malaysians to ransom in order to stay in power. With the GE13 looming, its colours begin to change like the chameleon. Goodies here, goodies there like an old santa who forgot that Christmas is over. It maintains that Umno Baru is the only party fit to rule Malaysia, the only pary that can govern.

Yet, today many Malays still support Umno Baru even when there is PAS and PKR as alternatives. Why is it so? I guess Mahathir a/l Iskandar Kutty has done a good job convincing many Malays to sink with the captain and the ship. The fact is that Umno Baru and its ardent supporters are the ones keeping the rest of Malaysia in perpetual slavery to elites like Mahathir and all his cronies.

Sarawak Headhunter's comments:

The presence of "illegal" branches participating in the elections was the main ground of Tengku Razaleigh's legal team but the argument for the deregistration of UMNo was put forward by Mahathir's legal team led by Zaki Tun Azmi.

This was done purposely. This was what they wanted and they knew what they were doing and what they would do (after deregistration) when the Judge accepted the argument, which he had to because that was the law.

The formation of UMNo Baru effectively locked out Tengku Razaleigh and his supporters, even though some including Tengku Razaleigh and "Burn his bridges" Rais Yatim have come crawling and slithering into UMNo Baru.

What most present UMNo Baru members don't realise is that each of them stands guarantee for all of the old UMNO's liabilities, which could today run into billions of ringgit.

There has been no proper disclosure of UMNo Lama's assets and liabilities taken over by UMNo Baru.

The fact is that UMNo Baru never repaid a single sen of Bank Bumiputra's loan to finance the PWTC complex (RM850 million outstanding at the time of UMNo's deregistration) & thereby caused Bank Bumiputra's ultimate collapse has never been made public or acknowledged and has been covered up.

UMNo is long overdue for final deregistration and its members made to pay for all its liabilities and to pay back all that it has stolen.

It is not going to be easy but it must be done for the sake of all right-minded Malaysians.

Who Will Win What In Sarawak In GE-13 UPDATED

2013-03-29T05:03:00.001+08:00

Who will win what in Sarawak in GE-13 Updated

The Sarawak BN is confident that it will have at least 25 in the bag out of 31 seats. At least that's what audacious Audie thinks. See his blog posting here.

Sarawak Headhunter thinks it will be the other way around and that 22 seats will go to PR and 9 to BN.

One thing for sure and that is that the Chinese community is highly likely to abandon SUPP completely this round. Not one SUPP parliamentary candidate may survive this time.

7 SUPP seats

1. Kuching:- Will go to DAP. No change.

2. Stampin:- Will fall to DAP. No change.

3. Serian:- DAP/PKR. An upset here. Richard Riot will be defeated. 50:50

4. Sarikei:- DAP. No change.

5. Lanang:- DAP. Tiong will lose this time. No change.

6. Sibu:- DAP. Oscar Ling has a good chance to win. No change.

7. Miri:- PKR. No change.

SUPP will be almost totally wiped out.

SPDP also has a good chance of losing all its present seats.

4 SPDP seats

8. Mas Gading:- PKR/DAP. PKR Candidate Willy Tumek or DAP Mordi Bimol. 50:50 in a crowded field, edge still with Tiki Lafe standing as an Independent.

9. Saratok:- PKR. Ali Biju will win. No change. Mawan will lose narrowly.

10. Bintulu:- DAP. Tiong will lose inspite of throwing a lot of money on the ground. 50:50, edging towards DAP.

11. Baram:- PKR. Jacob Sagan has been totally discredited and will lose this time. No change even though BN has changed its candidate.

6 PRS seats

12. Sri Aman:- DAP. 50:50.

13. Lubok Antu:- PKR. Nicholas Bawin will win in a 3-cornered fight. No change.

14. Julau:- PRS. Joseph Salang will win even in a 3-cornered match. No change.

15. Kanowit:- PKR. Still 50:50.

16. Ulu Rejang:- PKR. Abun Siu to win in a 4-cornered fight. No change.

17. Selangau:- PKR. May possibly win in a 3-cornered fight as Entulu & Sng knock each other out. 50:50.

14 PBB seats

18. Igan :- PBB. No change.

19. Sibuti:- PAS. Robby Tandang will win. 50:50.

20. Samarahan:- PBB. No change.

21. Betong:- PKR. PKR may lose, now 40:60.

22. Petra Jaya:- PBB. No change.

23. Limbang:- PKR. Baru Bian has the edge here. No change.

24. Lawas:- PKR. Dr. Bob Baru should be able to scrape through. No change.

25. Mambong:- DAP. Mangan Ngandok. 50:50.

26. Mukah:- PBB, if Leo Toyad is not the candidate. Otherwise it is possible that DAP may make history here or a former strong PKR candidate may come back as an independent candidate to haunt him. No change, even though Leo Toyad is still the candidate.

27. Batang Sadong:- PBB. No change.

28. Tanjong Manis:- PBB. New candidate, as it is likely that Norah Tun Rahman will not be standing again. Norah Tun Rahman is still the candidate. No change.

29. Batang Lupar:- PKR/PAS. PBB's Rohani is hardworking but ineffective and without any real ideas how to help develop her constituency. 50:50.

30. Santubong:- PBB. No change.

31. Kapit:- PBB. No change, but possibility of upset. 50:50.

TOTAL FINAL SCORE: DAP - 9 (5), PKR - 12 (7), PBB - 8 (12), PAS - 1 (0), PRS - 1 (4), INDEPENDENT - 1, SWP - 0 (0), SPDP - 0 (1), SUPP - 0 (1).

Malayans Never Listen To Sabah Or Sarawak

2013-03-05T09:06:00.001+08:00

Is anybody listening to what Sabahans want?

Lucy Ahmed
4:11PM Mar 4, 2013

When speaking of the recent Sabah intrusion incident, many people are trying to relate it only to the bigger picture of the Malaysian government's political issues.

But it is much deeper than that as it has crept into the fabric of the social lives of Sabahans.

I am here talking because I am a Sabahan, and my hometown is Sandakan, which is only few kilometres from where the incidents are taking place.

I am definitely very concerned over the lingering issue of never ending claim by some non-existent sultanate that has no legitimacy at all since the Suluks "lordship" was only valid around 200 years ago.

While the main decisions are being discussed and taking place miles away from across the ocean in the peninsular Malaysia, we the people of North Borneo are all living in a tense situation and in uncertainty on our own soil.

We are not given any right at all to voice our opinions over the matter. We are just like a colony without any power to decide our future, but to simply follow orders from across the ocean.

What we strongly disagree is for other people to change our historical and cultural background.

Yes, historically a small part of North Borneo belonged to the sultan of Sulu, but they have never done anything much to North Borneo in term of developing it.

The sultanate existed around 200 years ago, and it has long been forgotten and no longer recognised anywhere in the world.

They do not have any existing kingdom thus by the international law, any claim from them is no longer valid.

Now North Borneo is an independent state, and it is part of Malaysia since the last 50 years.

Malaysia by law has to protect the welfare of the state and the people of North Borneo.

And what we want is for Malaysia to once and for all to stop all these illegal claims and intrusions from the non-existent sultanate or any pirates that come to our shore to disturb the peace of our state.

We do not want any more fruitless negotiations which have been going on for years and years since the formation of the Federation of Malaysia.

We are very disappointed with the marines for failing to protect the shore of our state. All those "pirates" should have been stopped at sea, disarmed and sent back to where they belong but instead they were given all kinds of leniency on our soil.

This is not a new issue at all as there has been many illegal entries from those living in the islands of Sulu.

Unfortunately, without the consent of the people of North Borneo, those illegal immigrants have been legitimised by the government of Malaysia.

The social fabric of North Borneo has now been much distorted creating the racial and religious imbalance in our state which are all to the advantage of the federal government.

We, the native people, once the majority group on our own soil have been turned into a minority group due to this legitimisation over the years.

Another complication that arises through this legitimisation is the grabbing of the "special privileges" of the native people.

Understand that all these Suluk immigrants are Muslims, and they are automatically entitled to the special privileges which all Muslims in Malaysia are entitled to.

Our poor native people of Sabah, who are not Muslims, have now become the second class citizens on our own soil.

In other words, those legitimised immigrants with their special advantage of being Muslims, have grabbed every opportunity entitled to the native people of Sabah.

Many have received all kinds of help from the government of Malaysia which has left a smaller piece of pie to the native-born.

In conclusion, had the federal government had the best interest of Sabahans in mind, those pirates would not have an easy access into our soil.

Now the Suluks are having a strong footing on our soil due to the leniency of the federal government during the past 30 years.

The so called '100 gunmen' can easily increase to 1,000 and even 2,000 gunmen because the Suluks have spread themselves into every corner of our state over these long years.

Historically, the Mahathir Mohamad government should be blamed for all the mismanagement of the state of Sabah.

He actively involved himself in the affair of the Palestinians, but failed to settle a similar basic problem of his own subjects.

Mahathir never tried to solved the long-standing problem of this Sabah claim issue, but instead had escalated it to our suffocation. Mahathir is the main devil here, all due to his hunger for power as premier for 22 long years.

Why Didn't UMNo/BN Learn Anything From GE-12?

2013-02-21T11:48:00.001+08:00

An analysis of ASLI’s analysis of GE-12

What is it about UMNo that makes it unable to change, even though it knows that it has lost the majority of the popular vote and is in imminent danger of losing the coming GE-13? Is it a death wish? Or is it just plain arrogance, knowing or believing that it can still win the elections by foul means more than by fair?

In an analysis of GE-12, ASLI, whose President is none other than Mirzan Mahathir, stated that they “did not and could not then anticipate the equally strong wave of Malay support for the Opposition which resulted in the Opposition gaining 82 seats in Parliament, denying the Barisan Nasional of its two-thirds majority, the first time since the May 1969 General Election”.

They had estimated that the Opposition would win about 50 seats.

It was noted that in GE-12, the popular votes obtained by UMNo (35.5%) and combined PAS/Keadilan (34.8%) was almost equal. What did this mean? Only one thing, and that is that UMNo had lost a substantial amount of Malay support.

As the report itself asked “What happened? What caused the massive swing?” It also noted that “There are no safe bastions for Barisan Nasional anymore”.

UMNo then had realised that it would have to find out the reasons for the loss of support, presumably so that it could repair the damage in time for GE-13. Somehow, that repair has not taken place and arguably, UMNo and the Barisan Nasional has continued to lose even more support, to the extent that they are likely to lose GE-13 to Pakatan Rakyat.

The much-hyped and hoped for transformation never really got off the ground in spite of all the time, effort and money put into it. Was it because there was no real transformation? The truth is that this was the case. Najib and UMNo/BN never really transformed, they only spoke of it and gave it lip-service and in many ways continued with their old ways, ways that had alienated the voters in GE-12 and will alienate a far greater number of voters in GE-13.

The truth is that as the leopard cannot change its spots, neither could UMNo/BN, even if their very political survival depended upon it. But as the leopard is a wild animal, so is UMNo. Pakatan Rakyat and the people who support it must not underestimate the depths to which UMNo will sink to stay in power.

In spite of the way UMNo itself has (ironically) been mistreating the Malays (as well as the whole country), the ASLI report purports that it was totally “unexpected” for UMNo to lose in urban and semi-urban Malay seats. They characterised the loss as an “emotional” swing against UMNo, ignoring the fact that the Malays themselves (let alone the rest of the country) had and still have real reasons to turn against UMNo.

The 2^nd part of the ASLI report dealt with “What the Election Results Mean”.

It was clear to them that it was “a seismic shift in Malaysian politics”. The report stated, “The old ways of campaigning may no longer work. Putting fear into voters’ minds did not work. The use of mainstream media to create spin or to demonise the opposition was detested by urban voters and had a counter-effect instead. From feedback, many urban voters were turned off by the spin especially in NST and Star”.

Yet we have seen since then an escalation of the same spin with new variations. Clearly UMNo/BN just refused to accept their own observations and conclusions. Is this stupidity or just plain stubbornness, an ingrained egocentric refusal to change, even with a far bigger seismic shift of total defeat staring at them in the face?

This time around, it is even likely that the rural voters will also be turned off as well by the spin of Utusan.

The continued demonisation of the opposition will once again backfire as more Chinese vote for PAS and more Malays vote for DAP. MCA, like Gerakan, will find itself wiped out almost completely while UMNo will lose more seats than it wins.

The opposition however must not underestimate the power of the minority Indian vote. If the Indians know better they will also not try to hold the opposition to ransom. Their lot will not get any better under a continuation of UMNo/BN.

As the report said, “Makkal Sakhti (People Power), the cry of HINDRAF, caused a tidal wave of support from the Indian community towards the opposition. This seismic shift of Indian voters contributed to the defeat of many Barisan Nasional candidates, not only MIC candidates”.

MIC will also face a wipe-out for failing to address the real needs and concerns of Indians.

The report further went on to clearly state:

“The Barisan Nasional’s brand of race-based politics is no longer an attractive proposition to voters. Chinese voters deserted MCA and Gerakan. Indian voters swung away from MIC. Many Malay voters switched to Keadilan, making Keadilan the biggest opposition party with 31 parliament seats. The Opposition parties won, not on race-based issues but across a range of issues that cut across ethnic lines. The MCA and MIC lost whilst trying to portray themselves as defenders of their race. UMNO lost ground to Keadilan even with Anwar calling for an end to NEP. Is this then, a new paradigm for Malaysian politics that Malaysian voters are more taken in by wider national issues such as corruption, crime, cost of living, social justice and human rights which cuts across all ethnic groups rather than narrow ethnic issues that favour any particular race? Even MCA championing the cause of Chinese schools didn’t get much support from the Chinese community. But, PAS delivered votes to DAP and Chinese voters supported both PAS and Keadilan. Should MCA remain purely a Chinese party when it lost more Chinese votes to the DAP or should it become a multi-racial party and widen its appeal to non-Chinese? This has set the stage for a new era of multi-racial politics in Malaysia, perhaps the beginning of a two-party system which is healthy in any democracy”.

In spite of this observation, UMNo, MCA and MIC continued harping on their divisive and unhealthy racial and religious politics while hiding behind the ostensibly uniting theme of “1Malaysia”. They exposed their own hypocrisy for all Malaysians to see.

For more than 50 years Malaysians had tolerated this nonsense for the sake of peace, harmony and development. But with UMNo/BN’s corruption and mismanagement being exposed by their own doings, it has become clearer to all Malaysians that UMNo/BN has stolen the country blind and that Malaysians had been short-changed by a rapacious government that only cared for the benefit of itself and its cronies.

The gap between the rich and poor had grown bigger and the poor were being left further behind, so much so that Sabah and Sarawak, once among the richer regions, found themselves among the poorest (with the highest incidence of poverty together with the other oil-rich states of Kelantan and Terengganu).

All their oil wealth had been siphoned off into UMNo/BN Federal government coffers via Petronas, a Federal government-owned company that grew into the 12^th most profitable companies in the world and from there into the pockets of UMNo politicians, businessmen, families and cronies.

The report further delved into the reasons for the swing to the opposition and stated:

“The political tsunami was brought about by various factors, foremost of which is the perceived arrogance of power. All racial groups – Malays, Chinese and Indians have the perception that the Barisan Nasional did not hear or listen to the voice of the people. The Barisan Nasional mishandled the Bersih and HINDRAF protests. This showed no tolerance for public assemblies and no outlet for grievances which resulted in the aggrieved parties voting against the Barisan Nasional in the ballot boxes. The Barisan Nasional’s over-confidence and poor intelligence failed to identify growing anger and frustration of the people. The Prime Minister’s challenge to Opposition supporters not to demonstrate but to take it to the ballot box also made many fence sitters and opposition sympathizers to vote for the opposition. The Barisan Nasional failed to effectively read the mood on the ground. Many urban voters in particular the fence sitters were put off by the propaganda, spin and one-sided coverage on TV and in NST and Star”.

Yet UMNo/BN remained as arrogant, if not became more arrogant than before. They still continued to this day to refuse to hear or listen to the voice of the people. They continued to show no tolerance for public assemblies. And their sick vomit-inducing propaganda has continued to be churned out, this time even via blogs and other social media like Facebook and Twitter. They don’t seem to have learned anything.

The report identified 9 C’s as contributing to the unprecedented swing in support to the opposition in 2008.

Nothing has changed. These same 9 C’s and even more will also contribute towards the final defeat of UMNo/BN in GE-13.

The 9 C’s were (and still are): Change, Crime, Cost of Living, Corruption, Courts, Convergence of Issues, Communications Technology, Credible Leadership and Campaign Strategy.

Change and reform are still on the agenda of the opposition, while UMNo/BN’s purported transformation programme has only managed to transform public funds into private pockets.

The people’s anger at the inability of the UMNo/BN government to tackle crime effectively has continued to grow, with UMNo/BN’s response being to point to manipulated statistics and to try to argue unconvincingly that it is only a perception that crime is up.

The people’s frustration at the ever-increasing cost of living has not been alleviated nor has the actual problem, notwithstanding UMNo/BN’s efforts to throw money at them in an inadequate effort purportedly to address the issue but in reality in an attempt to bribe people with their own money to vote for them.

The people’s perception that corruption has worsened since 2008 is not merely a perception but an actual fact. The Malaysian Anti-Corruption Commission (MACC) has done nothing to dispel any doubts that this is so by taking a partisan approach towards tackling corruption and siding with UMNo/BN in exonerating it from pre-electoral bribery and corrupt practice offences on flimsy grounds.

The people’s disgust of UMNo/BN control of the judiciary has eased somewhat with the retirement of Zaki Tun Azmi, UMNo lawyer who became Chief Judge, but major concerns still remain about judicial independence.

The people’s dissatisfaction and anger with UMNo/BN still remains and has grown because the government has not listened or effectively addressed a whole convergence of issues that arose in GE-12. This convergence of issues combined with a whole new convergence of issues will arise again in GE-13 to bite UMNo/BN in the backside with a vengeance.

The people continue to trust opposition news on the internet more than the UMNo/BN-controlled mainstream media. Communications technology has been adapted to well by the opposition. UMNo/BN has not been able to respond well enough to counter this, mainly because their inherent bias has caused them to take on the same spin found in the mainstream media. This has continued to turn people off. UMNo/BN “cybertroopers” have not been smart or independent enough to break out of their masters’ molds.

Their heavy-handed spin, distortion, pure fabrication and disinformation tactics in the cyber media have been heavily, if not completely, discounted by the people. UMNo/BN has not only lost credibility in the mainstream media but on the internet as well, and they have only themselves to blame for believing their own propaganda and expecting others to do so also.

Notwithstanding their unfair control of the mainstream media, UMNo/BN has not shown that it is willing to give alternative views any chance. But in Sarawak, the opposition’s reach into the rural areas has been greatly extended by Radio Free Sarawak (RFS), which is beamed out of London and Sarawak BN has complained bitterly about RFS’s unfair “spin”, ironically failing to see that RFS’s growing popularity in rural Sarawak is due to the BN’s stranglehold on the mainstream media.

In their bizarre attempts to defend Taib Mahmud’s much debunked “politics of development” – in reality his own development and that of his family, cronies and henchmen only, all already wealthy beyond imagination at the expense of the ordinary poor people of Sarawak – Sarawak BN and its component parties have exposed their own shortcomings and betrayal of the people.

The truth be told, notwithstanding their bare-faced lies, they probably feel ashamed of being exposed by RFS and its internet counterpart, Sarawak Report. Nevertheless, they are compelled by their own self-interests and their instincts for self-preservation from the legendary wrath of Taib Mahmud to ignore the legitimate grouses of the people whom they wilfully continue to marginalize, oppress and suppress.

This time around in GE-13, they may see an uprising of the rural people of Sarawak (and elsewhere in Sabah and even Malaya) like they have never seen before.

The opposition must continue to provide credible leadership. There is no shortage of capable and qualified potential leaders who must be given some measure of independence in organizing things on the ground and not have to depend on the dictates of the central leadership of Pakatan Rakyat.

Central control, especially in Sarawak and Sabah, must be loosened to enable the local leadership to bloom. This is something that Pakatan Rakyat, especially PKR, is still wrestling with, even at this late stage. PKR’s top leadership must learn to listen to the grassroots leadership of both territories who know better the situation on the ground. Too much interference from the top will upset local sensitivities that Malayans may not even be aware of.

This is a game UMNo/BN has learned to play well in Sarawak and Sabah, thereby giving them the misbegotten and unwise feeling that Sarawak and Sabah are their “fixed deposits”. This time around it is highly likely that they will be proven wrong, provided Pakatan Rakyat does not mess it up.

The old school approach of UMNo/BN – that of carrot and stick - does not work any more. That UMNo/BN persist in adopting such a strategy shows how much out of touch with reality they have become over the years.

Promises and fear didn’t work for UMNo/BN in GE-12 and it certainly isn’t going to work either in GE-13, provided Pakatan Rakyat fine-tunes its own strategies and avoids playing into the hands of UMNo/BN or dancing to their tune.

The people too must understand that it would be most expensive to allow themselves to fall prey to an unrepentant UMNo/BN’s tricks.

Already UMNo/BN through its extravagance, mismanagement, greed, rapaciousness and recklessness has racked up an unprecedented deficit exceeding RM500 billion, or a debt of more than RM18,000-00 for each and every Malaysian man, woman and child.

A Pakatan Rakyat government will have to deal with this, but it can only do so if it recognizes the damage caused by UMNo/BN’s profligation and avoids the same mistakes. Repairing that damage is not going to be easy.

UMNoputeras and their BN co-conspirators have milked this country dry at the expense of their own Malay supporters and ordinary people of the rural heartland. They have shown no remorse nor any change that will benefit the ordinary rural people. Instead they have resorted to violence, intimidation and gangster-like behaviour to prevent the opposition from enlightening the rural people of the real situation.

They have continued to disrupt Pakatan Rakyat activites even in urban areas. They fail to realise that this is not conducive to generating any goodwill for UMNo/BN and the voters will be inclined to punish them for this.

The UMNo/BN leadership is to be blamed for this and if they allow things to get further out of control. Instead of humility, they have continued to show more arrogance. They did not learn any lesson whatsoever from GE-12.

It is as if they have not seen the writing on the wall or any of the warning signs.

ASLI did say say very clearly that “What the 12^th General Election provided is a timely wake-up call to all political parties. They need to change, reform and deliver”.

Irrespective of the reasons for failure, this UMNo/BN has failed to do, in spite of its transformation programme and 1Malaysia sloganeering. It failed to reinvent itself to stay relevant. It only engaged in tokenism, giving crumbs to the people hungry for real food while gorging itself on the backs of the people’s blood, sweat and tears. It will be consigned to the dustbin of history, as it deserves to be.

Pakatan Rakyat must heed these lessons. They will win GE-13 - against all odds of a rigged electoral system only with overwhelming support from the people - with a short leash and limited licence. The people will no longer be tolerant of failures to deliver or misdeliveries.

Promises made must be kept. Sarawak and Sabah certainly deserve better. Autonomy must be restored (in the case of Sarawak after the state government has been changed) as they must not be seen merely as 2 out of 13 states but full-fledged nations in their own right as part of the Malaysian Federation with Malaya. Let there be no hard-headedness about this from Malaya, which has already benefitted from almost 40 years of Sarawak and Sabah’s oil resources – time to give back.

Otherwise, like Singapore, independence will be the only other option for Sarawak and Sabah.

The Sarawak Headhunter

How The Election Commission Cheats & Misleads About Election Offences

2013-01-26T17:13:00.000+08:00

The Election Offences Act 1954

"An Act to prevent electoral offences and corrupt and illegal practices at elections..."

(Notes by Sarawak Headhunter in red)

This is an important piece of legislation that understood, interpreted and enforced correctly could have a significant impact on the outcome of elections by reducing or eliminating electoral offences as well as corrupt and illegal practices at elections (especially by the ruling UMNO/BN regime), thereby levelling the playing field.

Over the years the Malaysian Elections Commission has conspired with the ruling regime to selectively misinterpret and enforce the provisions of the Act in its favour and to maintain it in power.

Among the more serious abuses include gerrymandering and disproportionate representation, which go to the heart of the electoral system, yet no party has taken the EC and UMNO/BN to court to have these abuses rectified, probably because the courts have also been subverted by UMNO/BN.

It is therefore essential for all parties to know exactly what the Act is all about and what its more important parts say so that voters may be educated and can make informed decisions important for their and the nation's future:

PART II
ELECTORAL OFFENCES

Offences by any person

3. (1) Any person who—

(a) knowingly makes any false statement on or in connection with any application to be placed on any register of electors;

Such a false statement may include giving a wrong address, declaring oneself to be a citizen when one is not, for example.

(b) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to a returning officer any nomination paper knowing the same to be forged;

(c) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper;

Used to stuff ballot boxes with invalid and fraudulent "votes". Normally this can only happen with the connivance of the EC and out of sight of observers, especially if the ballots would need to be transported to a counting centre. There is normally a short period when no one except EC officers are allowed in the polling stations after polling has closed and before counting begins. This is the time hwen such dirty work is done.

(d) without due authority supplies any ballot paper to any person;

Used for "phantom" voters.

(e) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person;

(f) not being a person entitled to be in possession of any ballot paper which has been marked with any authorized mark has any such ballot paper in his possession;

A "phantom" voter or UMNO/BN ruling party person in charge of bribing voters at any particular locality.

(g) puts into any ballot box anything other than the ballot paper which he is authorized by law to put in;

(h) without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station;

One of the methods used by the ruling party to pay voters who pretend to vote, then bring out the blank ballot paper, passes it to a ruling party representative who then pays them, marks the blank ballot in favour of BN, passes it to the next voter who then puts it in the ballot box and brings out his blank ballot paper, and the process carries on. The EC in the meantime pretends that no such thing is going on.

(i) without due authority destroys, takes, opens, or otherwise interferes with any ballot box, ballot paper or packet of ballot papers in use or intended to be used for the purposes of an election;

Usually occurs after polling is closed and before the counting begins at the same station, when the polling/counting station is off limits to all except EC officials. Also occurs when ballot boxes are transported by helicopter, road or speedboat from the polling stations to a distant counting station.

(j) without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election;

Usually done by the EC itself and therefore not easy to catch.

(k) for the purposes of an election, manufactures, constructs, imports, has in his possession, supplies or uses, or causes to be manufactured, constructed, imported, supplied or used, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at any election;

(l) votes at any election when he is not entitled to vote thereat;

A "phantom" voter, in certain areas such as Sabah usually an "illegal" citizen given a Malaysian identity card with the connivance of and in collusion with the National Registration Department, the Immigration Department, Ministry of Home Affairs, the Elections Commission and other relevant authorities, both State and Federal.

(m) prints any advertisement, handbill, placard or poster which refers to an election and contains a reproduction of a ballot paper, or of what purports to be a ballot paper, to be used or likely to be used at such election;

NOT allowed of course, contrary to what the EC has said recently. What is allowed is stated in the proviso below and applies during the campaign period.

It must be noted that an electoral offence does not necessarily have to take place within the campaign period only, but can also take place in the run-up to an election, such as now, for example.

(n) obstructs or prevents a voter who is otherwise entitled to vote from voting at an election; or

Usually happens in rural areas, where it is easier to intimidate voters. Whole villages or longhouses are cordoned off, usually by gangsters in the pay of the ruling party, even during the campaign period. Making likely opposition voters too drunk to wake up until after polling is closed or bringing them for a joy-ride to the nearest town with some pocket money while polling is going on are other favourite tricks of the BN ruling party.

(o) votes in an election at more than one polling station in the same constituency or a different constituency,

Such "phantom" voters are usually transported around various polling stations by the ruling party in buses or vans.

shall be liable, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both such imprisonment and fine and, subject to any provision to the contrary in any written law relating to any election, shall until the expiration of five years from such conviction, be incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be
vacated from the date of such conviction:

Provided that nothing in paragraph (m) shall be deemed to prohibit, during the campaign period, the printing in any such advertisement, handbill, placard or poster of the name or symbol of one candidate only, together with a reproduction of a cross or other mark indicating approval of any such name or symbol.

Offences by election officers

4. Any officer, clerk, interpreter or other person having any duty to perform pursuant to any written law relating to any election who—

(a) makes, in any record, return or other document which he is required to keep or make under such written law, any entry which he knows or has reasonable cause to believe to be false, or does not believe to be true;

(b) permits any person whom he knows or has reasonable cause to believe not to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons;

(c) refuses to permit any person whom he knows or has reasonable cause to believe to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons;

(d) wilfully prevents any person from voting at the polling station at which he knows or has reasonable cause to believe such person is entitled to vote;

(e) wilfully rejects or refuses to count any ballot paper which he knows or has reasonable cause to believe is validly cast for any candidate in accordance with the provisions of such written law;

(f) wilfully counts any ballot paper as being cast for any candidate, which he knows or has reasonable cause to believe was not validly cast for such candidate; or

(g) is without reasonable cause guilty of any act or omission in breach of his official duty,

Again these offences are not easy to catch, especially when they are (illegally) sanctioned and committed by the EC itself, which will come up with all kinds of spurious reasons for whatever they do or do not do.

...

Offence of promoting feelings of ill-will or hostility

4A. (1) Any person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, does any act or makes any statement with a view or with a tendency to promote feelings of ill-will, discontent or hostility between persons of the same race or different races or of the same class or different classes of the population of Malaysia in order to induce any elector or voter to vote or refrain from voting at an election or to procure or endeavour to procure the election of any person shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both such imprisonment and fine.

Going by this offence, which is usually committed by the government and ruling-party controlled main stream media acting on their behalf, most ruling party candidates including their top leadership would be disqualified from standing in elections.

PART III
CORRUPT PRACTICES

Personation

7. Every person who at an election applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person or who, having voted once at any such election, applies at the same election for a ballot paper in his own name, shall be guilty of the offence of personation.

As evidenced at the Sabah RCI hearing, one of the modus operandi used by UMNO/BN in collusion with the NRD and the EC, to get illegal citizens/voters to vote on behalf of registered voters who either have not or have not yet turned up to vote.

Treating

8. Every person who, corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay wholly or in part, the expense of giving or providing any food, drink, refreshment or provision, or any money or ticket or other means or device to enable the procuring of any food, drink, refreshment or provision, to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at such election or on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, and every elector or voter who corruptly accepts or takes any such food, drink, or refreshment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such food, drink, refreshment or provision shall be guilty of the offence of treating.

A frequently flaunted provision of the election offences law, normally conducted in full view of the EC and other relevant authorities, none of who bother to the extent that such abuse has become accepted practice, usually even demanded by voters.

Undue influence

9. (1) Every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting, at any election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces, or prevails upon any elector or voter either to give or refrain from giving his vote at any election, or who directly or indirectly interferes or attempts to interfere with the free exercise by any person of any electoral right shall be guilty of the offence of undue influence.

Another provision of election offences law fequently abused, even and especially in the mainstream media controlled by UMNO/BN, without any action being taken by the EC or any other relecvant authorities.

(2) A person shall be deemed to interfere with the free exercise of the electoral right of a person within the meaning of this section who induces or attempts to induce such person to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure.

Commonplace.

Bribery

10. The following persons shall be deemed guilty of the offence of bribery:

(a) every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector or voter having voted or refrained from voting at any election;

Commonplace. Evidence abounds about this practice, especially by the UMNO/BN ruling regime in giving all kinds of handouts and allocations or promises thereof under the pretext of government assistance or projects for the people. The EC and other relevant authorities see nothing wrong with such illegal practices that usually coincide with elections.

(b) every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any elector or voter, or to or for any person on behalf of any elector or voter, or to or for any other person, in order to induce such elector or voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector or voter having voted or refrained from voting at any election;

(c) every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavour to procure the election of any person, or the vote of any elector or voter at any election;

(d) every person who, either before or during an election, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to procure, the election of any person, or the vote of any elector or voter at an election;

(e) every person who, either before or during an election, advances or pays or causes to be paid any money to, or to the use of, any other person with the intent that such money or any part thereof shall be expended in bribery at any election or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election;

(f) every elector or voter who, before or during any election directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any such election;

(g) every person who, after any election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at any such election;

(h) every person who, after an election, directly or indirectly, by himself or by any other person on his
behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his having assisted or agreed to assist any candidate at an election, applies to such candidate, or to his agent or agents, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment; and

(i) every person who, either before or during an election, directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate, gives or procures any office, place or employment, or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment, to or for such other person, or gives or lends, or agrees to give or lend, or offers, or promises to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.

ALL illegal practices of the UMNO/BN ruling regime condoned by the partisan EC and other relevant authorities.

Punishment and incapacities for corrupt practice

11. (1) Every person who—

(a) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;

(b) commits the offence of treating, undue influence or bribery;

(c) prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of its printer and publisher;

(d) makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of such candidate;

(e) makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at such election; or

(f) being a candidate or election agent knowingly makes the declaration as to election expenses required by section 23 falsely, shall be guilty of a corrupt practice, and shall, on conviction by a Sessions Court, be liable, in the case referred to in paragraphs (a) and (b), to imprisonment for a term not exceeding two years and to a fine of not less than one thousand ringgit and not more than five thousand ringgit, and, in any other case, to imprisonment for a term not exceeding one year and to a fine not exceeding two thousand ringgit. Offences under paragraphs (a) and (b) shall be seizable offences within the meaning of the Criminal Procedure Code.

(2) Every person who is convicted of a corrupt practice shall, subject to any specific provision to the contrary in any written law relating to any election, by conviction become incapable of being registered or listed as an elector or of voting at any election or of being elected at any election, and if at that date he has been elected at any election, his seat shall be vacated from the date of
such conviction:

Provided that such disability shall cease on the expiry of five years from such conviction.

(3) A prosecution for a corrupt practice except any corrupt practice as defined in paragraphs (1)(d) and (e) shall not be instituted without the sanction of the Public Prosecutor.

PART IV
ELECTION AGENT, ELECTION EXPENSES ANDILLEGAL PRACTICES

...

Prohibition of certain expenses during campaign period

15A. (1) No expenses shall, with a view to promoting or procuring the election of a candidate, be incurred during the campaign period, by any person other than the candidate, his election agent and persons authorized in writing by the election agent on account—

(a) of holding, convening or organizing any open public meeting, open public rally, open public display or open public entertainment or giving open public address or lecture;

(b) of printing or issuing advertisements, circulars or publications; or

(c) of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing, or disparaging another candidate:

Provided that this paragraph shall not—

(i) restrict publication in a newspaper or other periodical of any matter relating to the election;

(ii) apply to expenses incurred by any person in travelling or in living away from home, or to similar personal expenses.

(2) Where a person incurs any expenses required to be authorized by an election agent under subsection (1), he shall within fourteen days after the date of publication of the result of the election in the Gazette send to the election agent a return, accompanied by a declaration made by him (or in the case of an association or body of persons, a director, general manager, secretary or other similar officer thereof) verifying the return and giving particulars of the matters for which the expenses were
incurred:

Provided that this subsection shall not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.

...

Expenses in excess of maximum to be illegal practice

19. (1) Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or by his election agent, after the date of publication of the notice of the election in the Gazette, during or after an election, on account of or in respect of the conduct or management of such election, in excess of—

(a) two hundred thousand ringgit in the case of an election to the Dewan Rakyat;

(b) one hundred thousand ringgit in the case of an election to a Legislative Assembly;

(d) three thousand ringgit in the case of an election to a local council:

Provided that paragraphs (c) and (d) shall have no application in Sabah and Sarawak.

(2) Any candidate or election agent who knowingly acts in contravention of this section shall be guilty of an illegal practice.

It is a well-known fact that on top of everything else, UMNO/BN candidates spend far more than the legally allowed maximum, even going into the millions. There is no real enforcement, even if it happens under the very eyes of a compliant EC. Complaints are more often than not just swept aside or ignored.

Even the courts have been cooperative in deciding that party expenditure as a whole does not constitute part of each candidate's expenditure, thereby allowing a loophole through which hundreds of millions are allowed to be spent by the party in elections, even though the total expenditure far exceeds each candidate's allowed expenditure when divided amongst all the party's candidates.

Certain expenditure to be illegal practice

20. (1) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made—

(6) Notwithstanding anything in the preceding provisions of this section—

Provided always that such means of conveyance shall be made available equally to all such electors or voters who wish to avail themselves thereof.

Another provision largely abused during elections, especially by UMNO/BN.

Limitation of political propaganda on nomination day

24A. (1) No person shall, on nomination day or days—

(a) furnish or supply any musical instrument or loud speaker to any person with intent that it shall be used by any person in any way or used in or upon any vessel, animal, motor car, truck or other vehicle; or

(b) use himself or use in or upon any vessel, animal, motor car, truck or other vehicle any such musical instrument or loud speaker, as, or for the purpose of, political propaganda.

(2) No person shall, on nomination day or days, wait or loiter within a distance of fifty metres from the limit of any place of nomination.

(3) Any person who contravenes any of the provisions of this section shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine not exceeding three thousand ringgit or to both such imprisonment and fine.

Yet another provision largely abused with impunity during elections, especially by UMNO/BN.

It will be seen that all the EC's actions or inactions and manipulations are calculated to give the greatest advantage in elections to UMNO/BN, no matter what the law says. This combined with the collusion of almost all government institutions almost guarantee UMNO/BN wins most elections, except when the majority vote for the opposition is so overwhelming that it cannot be covered by such manipulations.

It is an uphill battle, and every vote will count in GE-13 against all the breaches of law, cheating, bribery, promises, coercion, threats and other multitude of election offences that UMNO/BN will commit to win.

A victory for the opposition in GE-13 will be a victory for the future of the Malaysian people against oppression, injustice, intolerance, abuse of power, mismanagement and misgovernance, etc. etc. of the cursed ruling UMNO/BN regime.

ALLAH bless Malaysia.

Fallacious Arguments To Maintain Federal Control of State Petroleum Resources

2013-01-05T00:31:00.000+08:00

An increase in oil royalty and KL Takes All: A Slue to Fallacy

by YB Dato Abdul Rahman Dahlan

With comments by Sarawak Headhunter in red.

Time and again, we have listened to the opposition's over the top vitriol on two very emotive issues to Sabahans; the promise of 15% increase in oil royalty to Sabah and the allegation of federal government taking away all Sabah resources and in return, giving almost nothing back to Sabah. These issues must be answered factually and timely to prevent anyone from being deceived into emotional shadow boxing by the opposition.

Let's start with the 15% increase in oil royalty issue. While on the surface it sounds quite appealing, there are serious concerns over the mechanics needed to bring the notion to fruition. Making promises is one thing; executing them is another thing all together.

Since the mechanics of bringing about the formation of PETRONAS and the very validity of the Petroleum Development Act vesting all the States' petroleum resources in PETRONAS may itself be questioned, it is high time to look seriously at this usurpation of state resources by the Federal government under the pretext of bringing about the economic development of the poorer States.

Where there is a will there is a way.

There is certainly no excuse for not redressing the balance in favour of the poorer States of Malaysia whose rich petroleum resources have been literally stolen by an avaricious Federal government.

AN OVERVIEW

The petroleum business is not a business arrangement for the Average Joe. The capital outlay, technical challenges and financial risks are so great and prohibitive that only the companies which have specialized expertise and bottomless bank accounts normally dare enough to go into it.

While certainly the petroleum business is not for the Average Joe, the risks are not as great as the companies and the government would like us to imagine. The reason that such companies have bottomless bank accounts is the fact that they are making enormous PROFITS from the petroleum business.

7 of the top 15 most profitable companies in the world for 2011 (including PETRONAS by the way) are oil companies. See the full list here. No. 1 was Gazprom, which made US44.5 billion in 2011 and No. 2 was Exxon Mobil, which made US41 billion.

The fact that PETRONAS has been able to contribute huge revenues to the Federal government, even amounting to 40% of the national budget, much of it extravagantly misspent, wasted and unaccounted for, also shows the fallacy of this statement.

WHAT risks?

Imagine trying to lower drilling pipes, 4.5km from the sea level, in an intensely-pressurized environment to search for the elusive black gold. It requires special and extremely expensive equipment and expertise which only the world’s oil major players (the likes of Shell, Murphy Oil, ExxonMobil, etc) possess. The cost of exploration drilling could run into hundreds of millions of dollars which would go to absolute waste should no oil be found in vicinity of choice.

There is actually no need to let your imagination run wild and the black gold is not as elusive as the writer would have us believe. No oil company would spend hundreds of millions on exploration drilling without a high probability of finding oil and/or gas. There are preliminary geological, seismic and other surveys that are done first to maximise the probability of finding oil when the exploration drilling phase starts. Expenses are also usually capped to avoid waste.

The fact is that even if hundreds of millions are spent on exploration drilling in any particular area, which is not normally the case, any oil strike would be potentially worth billions and render these expenses immaterial.

The nation’s oil company, Petronas, like her counterparts in other developing countries (Indonesia, Venezuela and Nigeria etc), does not have the capacity to absorb the financial risk mentioned above.

This is simply not true. PETRONAS's deposits in Malaysian banks alone keep the Malaysian financial system afloat. PETRONAS is ranked 12 68 (up from 68 86 in 2010 ~~2009~~) of the top one hundred most profitable companies in the world and made US21 billion in profit in 2011. To say that it doesn't have the capacity to absorb such financial risk is incredulous to say the least.

It is not financially equipped to spend billions on research and development and take on the financial risks in the exploration and production phases when the same billions are very much needed to be spent on the country’s development.

This is another blatant lie that PETRONAS itself would probably refute. The fact is that the UMNO regime has even used PETRONAS illegally as a lender of last resort (which is supposed to be the Central Bank's role) in bailing out entities such as Bank Bumiputra and MAS and to bankroll the construction of Putrajaya, thereby putting it at even greater financial risk.

In addition, unlike Petronas - which primarily operates within Malaysia’s waters - the oil majors enjoy economies of scale. They operate all over the world which helps to defray the costs of R&D, the exploration and production phases.

Another lie. PETRONAS is a multinational and operates in many other countries around the world very profitably. This is what PETRONAS says on its website:

"PETRONAS has come a long way from managing the work of foreign production sharing contractors. We have evolved our own upstream capabilities and ventured into the entire spectrum of downstream activities to add value to our petroleum resources.

With our strategy of integration, adding value and globalisation, PETRONAS continues to deliver excellence towards realising our vision of becoming a leading oil and gas multinational of choice."

Also from its website:

"Malaysia’s hydrocarbon reserves stand at 20.56 billion barrels of oil equivalent (boe) with an average production of 1.63 million boe per day.
PETRONAS’ total hydrocarbon reserves stand at 27.12 billion boe with an average production of 1.1 million boe per day.
International reserves in Africa, Southeast Asia, the Middle East and Central Asia stand at 6.56 billion boe, comprising nearly a quarter of PETRONAS’ total reserves.
PETRONAS achieved a Reserves Replacement Ratio of 1.1 times in Malaysia and 4.1 times internationally, comparable with the industry average.
Malaysia's first deepwater field, Kikeh, employing the first Truss Spar floating production unit outside the Gulf of Mexico came onstream in August 2007. The project achieved world-class performance with only five years elapsing between discovery and production."

Who is the writer trying to kid, and why is he downplaying PETRONAS's capabilities?

In the event that oil is actually discovered, the capital that needs to be spent in the subsequent phases is even more substantial. It is reportedly said that the cost of the oil production phase could reach as much as RM2 billion. Sometimes even more.

Rubbish! This is a gross over-exaggeration. See the following source:

"The International Energy Agency (IEA) -- in its latest November 2008 world energy outlook -- gave the following estimates for the all-in costs of producing oil from various types of hydrocarbons in different parts of the world:

 
 Oilfields                   Estimated Production
 /source                        Costs ($ 2008)
 Mideast/N.Africa oilfields         6 -  28
 Other conventional oilfields       6 -  39
 CO2 enhanced oil recovery         30 -  80
 Deep/ultra-deep-water oilfields   32 -  65
 Enhanced oil recovery             32 -  82
 Arctic oilfields                  32 - 100
 Heavy oil/bitumen                 32 -  68
 Oil shales                        52 - 113
 Gas to liquids                    38 - 113
 Coal to liquids                   60 - 113
 
 Source: International Energy Agency World Energy Outlook 2008"(emphasis added).

To cushion such uncertainties and spread the financial risk, Petronas enters into a joint-venture agreement (known in the industry as Production Sharing Contract or PSC and later, a variant called RSCs or Risk Sharing Contracts) with multinational oil companies like Shell, Murphy Oil or ExxonMobil and others.

These giant oil companies are given a percentage of the oil revenue generated in return of them bearing the financial risk and sharing technologies worth billions in Research & Development.

The FACT is that PETRONAS's own subsidiary, CARIGALI, does exploration and oil production for PETRONAS, not just in Malaysia but in other countries around the world such as Vietnam and Sudan. As its own website says:

"Globally, PETRONAS has exploration and production presence in over 22 countries in Southeast Asia, the Middle East, Central Asia, Latin America and Africa. These overseas ventures account for almost a quarter of our total oil and gas reserves."

PETRONAS TAKES ALL?

The opposition always paint the perception that Petronas has been unfairly profiting from Sabah’s oil revenue, so according to them, it is only right for Petronas to give 15% extra oil royalty to Sabah.

Can it be done? Is it even doable? Let’s explore the realities.

While the following example will not be able to capture every essence of all the JV partnerships Petronas entered into, none the less, it is suffice to give a fair view of what the realities are on the ground.

The illustrations below explain how much Petronas makes from Sabah oil.

For every RM100 revenue derived from Sabah oil, 5% goes to the state’s coffer while another 5% to the Federal coffer. Approximately 45% goes into recovery cost, and the remaining 45% goes to the joint venture’s gross profit.

In the end, it is clear that Petronas’ profit, after splitting revenue with others and after paying taxes, is only around 16.74%. If Petronas is asked to pay up the extra 15% from its profit margin, this will effectively render them unable to pay their overheads, financial commitments and re-investment for future income. The end result is financial blow which may lead to bankruptcy!

Again, this is highly misleading and only focusses on one part of PETRONAS's revenue, that is the selling of crude oil (for which it actually gets a premium on the international market). PETRONAS's actual revenues also include that from the refining of crude oil, gas processing and sale and the retail sale of petrol and other petrochemicals, for which there is a large value-added from the purchase of cheaper crude.

If Petronas is unable to pay without jeopardizing its very existence, where would the additional 15% come from then? Obviously there are two other choices left; the PSC partner or the federal government.

It is very unlikely for the PSC partner to give up what was already agreed in the contract between them and Petronas. Furthermore, lower profit percentage would make oil exploration in Malaysia unattractive to them.

Has any real analysis been done on the recovery cost of 45%? This appears to be very much on the high side. The oil companies would of course be more than happy to get away with it, if they were allowed to incorporate elements of profit into cost that is then more than fully recovered.

If the joint venture partners refuse jobs in Malaysia, we will not be able to extract our oil in an economically viable manner. This may lead to a serious energy security problem for Malaysia: with no one extracting oil, we may end up importing all of our energy requirement!

Mere scare-mongering. If PETRONAS can operate by itself profitably in other countries, it can also operate by itself profitably in Malaysia without the necessity for expensive high-cost joint venture partners who have already by themselves made tens if not hundreds of billions from Malaysia.

With Petronas and its joint venture partners unable to commit the extra 15% (or about RM12.5 billion) to the oil producing states of Sabah, Sarawak and Trengganu, the other option is of course to take it from the federal government which receives dividend around RM30 billion annually from Petronas.

As the oil-producing states only get their 5% based on the crude oil price, there should be no difficulty in giving them a fair share of the downstream processing and sale of refined products, which can easily come up to an extra 15% or more.

This 15% increase would actually mean RM3.2 billion for Sabah, Sarawak RM8.3 billion & Terengganu RM9.3 billion, or a total of RM20.8 billion which is approximately 30% of Petronas's profit for 2011.

This option is not without its own ramifications.

With reduced dividend from Petronas, the federal government will have less money for its development budget. This means there will be less public spending on subsidies, schools, hospitals, police stations, roads and other infrastructures. Obviously, the most impacted would be the non-oil producing states.

There is obviously something wrong with the present system where the oil-producing states still remain among the poorest in the country.

Anwar Ibrahim must have the moral courage to inform the non-oil producing states that as a Prime Minister, he will cut their federal allocated budgets by RM12.5 billion. Unfortunately this is not happening.

The last option available to Anwar Ibrahim is to increase Sabah’s oil royalty by 15% but in order to ensure he has enough funds available for the rest of the country, he will have to cut Sabah’s federal allocation. Remember, cutting Sabah’s federal allocation is within his prerogative as a Prime Minister. This option is plausible given the fact he has never given any assurances publically that he would not cut Sabah’s federal allocation which, at the moment, is one of the highest among all the states in Malaysia.

It is actually funny how Anwar hardly shares the specifics of his promise of 15% increase in oil royalty with the rest of the country. Perhaps he knows very well that he won't be able to provide explanation for them. Apparently, keeping Malaysians in the dark makes the illusion easier to perform. In fact, I remember asking opposition members, including Anwar Ibrahim himself, in Parliament of the specifics but instead of an answer, I got a blank response followed by sharp stares!

FEDERAL GOVERNMENT COLLECTS MORE THAN IT SPENDS IN SABAH

This is yet another irresponsible claim by the opposition to gain sympathy votes in Sabah. It is a very powerful lie which if not countered factually, could result in deep division and hatred towards the Barisan Nasional federal government.

Let's address this issue objectively and see if it is true that the federal government has been taking so much of Sabah's resources (including oil money) but giving back so little in return.

The following two illustrations show what federal government collected in Sabah in 2011 and how much it had spent in Sabah in the same year.

Contrary to lies spawned by the opposition, the federal government actually spent more (by a whopping RM4.736 billion) in Sabah in 2011 compared to what it collected in the same year!

Isn't it amazing therefore that poverty is still so high in Sabah compared to other states that don't have the oil resources but live off oil revenues of the oil-producing states?

The statistics, which were made available to me by Bahagian Analisa Cukai dan Bahagian Pengurusan Belanjawan, Kementerian Kewangan Malaysia, went as far back as 2007 and had breakdowns for each federal ministry.

It showed the same consistent trend of federal government spending more in Sabah than what it collected in each year. Nothing is more revealing than the truth and fact! Statistics, in the end, don't lie.

There are only lies, damn lies and then there are statistics.

For the year 2012 onwards, there is no reason to believe the trend will reverse itself especially when Dato Sri Najib Tun Razak has made it very clear that special emphasis will be placed on Sabah's development under his economic transformation program.

Towards this, Barisan Nasional Sabah is happy to note that to date, the Prime Minister has not disappointed Sabahans.

Tell that to all those poor Sabahans (and Sarawakians).

Thank you.

More Abuse Of Law & Injustice By Taib Against Penans

2012-10-25T11:08:00.000+08:00

Arresting Penan blockaders would be abuse of law

Baru Bian
10:19AM Oct 25, 2012

COMMENT I am disturbed to read about the recent development in the Murum Dam issue, that the police will be sending in reinforcements from Sibu and Kapit.

I sense that this is a build up to the arrest of the Penans who are manning the blockade, and am extremely disappointed by the statement by district police chief (DSP) Bakar Sebau that action could be taken against those responsible, under Section 143 or 147 of the Penal Code for illegal assembly or taking part in a riot (Borneo Post, Oct 23).

The Penans are a peaceful people and if there is any riot, it would only be the result of provocation by agents of the dam-builders or the authorities. Any arrest of the Penans by the police would in my view be an abuse of the process of the law, and I am fully prepared to act for the Penans should they be arrested.

It is to be noted that (land development minister) James Masing made a statement on October 18 that the needs of both parties must be considered on the same level of importance, and that the element of force must never be allowed to surface.
Let the negotiators on the side of the dam builders take heed of his words that, “The people affected by the HEP dams cannot be seen as paying for the needs of the industry.”

As for the last part of his sentence “and vice versa”, I can only say that since the people were not consulted before the project was started and thus did not give informed and prior consent, the authorities and dam-builders are in no position to demand anything from the people.

Don’t blame NGOs

Do not add insult to injury by accusing the Penans of being made use of by NGOs. This is a typical nonsensical response by the authorities when hit with the fallout from their arrogant and underhanded conduct, and blaming someone else instead of owning up to their mistakes and making reparation. If that does not work, try the bully tactic by threatening arrest.

If the Penans have no compelling reason to erect the blockade, would they willingly suffer the hardships they have had to endure for over three weeks now? What is wrong with concerned groups showing support for their fellow citizens and lending a helping hand?

If we believe that we are our brothers’ and sisters’ keepers, we believe that whatever happens to the people of the land affects us and we must stand up for them. The land is all that the Penans have and they are entitled to defend it. Do not forget that assistant minister Liwan Lagang have reported that they have valid reasons to be unhappy.

Why is it that the government is not willing to compensate them adequately for the destruction of their lands, which are also their livelihood and their heritage?

With the billions that the government is expecting to make from the dam, we find it incomprehensible that they are having such difficulty in doing the right thing by the people who have been made to sacrifice their homes, and instead are now employing threatening and bullying tactics against them.

As I have said time and again, a change of government is what is required to stop the rot that has set in. A Pakatan Rakyat government will act quickly to prevent further destruction of the land and to ease the suffering of the people.

BARU BIAN is Adun for Ba’ Kelalan and PKR Sarawak chairperson

The RM40 Million Tip Of The Iceberg That Will Sink UMNO

2012-10-20T05:37:00.000+08:00

In defence of Sabah Umno's RM40mil

Abdul Rahman Dahlan

7:57AM Oct 19, 2012

Comments by Sarawak Headhunter in red, as usual.

COMMENT When Minister in the Prime Minister's Department Nazri Abdul Aziz recently made an announcement in Parliament on the decision of the Malaysian Anti-Corruption Commission (MACC) and Hong Kong's Independent Commission Against Corruption (ICAC) in clearing Sabah Chief Minister Musa Aman of the alleged corruption charges, cynical smile cracked my face: the opposition must be finding themselves in a very awkward position now.

In trying to defend the indefensible, Abdul Rahman Dahlan must think all Malaysians are as stupid as UMNO members. The MACC, which is just another wing of UMNO, clearing Musa Aman of the "alleged" corruption charges is just like UMNO clearing him and itself.

The ICAC's decision not to proceed can hardly be viewed as clearing Musa of such charges either. The ICAC just could not gather enough evidence without Malaysian government cooperation, which was point blank refused. Rogue Attorney-General Gani Patail's stonewalling on behalf of his (what?) was sufficient to ensure that the ICAC could not proceed. "Cynical smile" indeed!

Who believes that bullshit?

While previously they have had a field day attacking Musa's alleged abuse of power and corruption, the same announcement has coerced them into changing their attack-with-extreme-prejudice strategy.

Now they can have a field day attacking UMNO's abuse of power and corruption, since UMNO has admitted that the money was a political donation. Which stupid dimwit dreamed up that answer and got an even stupider dimwit of a PM to say it out?

A few days after the announcement, the opposition conveniently shifted the attack from Musa to political funding for Umno. The condemnation - this time around - includes calls that such funding is preposterous, labeling it as unacceptable and that a royal commission of inquiry must be set up instantly.

While I leave the opposition to their agenda, let's peel some underlying truth from the fabric of Malaysian politics. It is not illegal for any Malaysian to give money to a political party of his or her choice - or to anybody for that matter. Should the donor wish to remain under the cloak of anonymity, the request should be respected as long as the donation stays within the confines of the law.

Of course it is not illegal per se to give or accept political donations. The question is what for and from where did the money come? If the money came from businessmen who had received business favours such as timber concessions from the ruling party, obviously this would taint it as a corrupt and illegal donation. Should such a donor's request for anonymity be respected?

Can the MACC so easily clear a culprit whose corruption is plain to see and yet expect to remain credible? And now that they have cleared Musa of the alleged corruption charges, can they also clear UMNO of the same?

But the opposition's world thrives on the axis of inequality and double standards. Allow me to illustrate my point. When the donation falls into Umno's coffer, the source must be revealed immediately. But have you heard the opposition declaring the sources of donation they have received so far? We all know that the opposition, too, receives political donations from all and sundry. How ironic!

This is another highly disingenous argument, the irony of which is lost upon its very own proponent. Is the opposition in any position to grant any business favours? Does it receive any questionable donations? Does anyone think that UMNO or the MACC would let any questionable donations to the opposition off so easily? Teoh Beng Hock lost his life at the hands of the MACC for a mere few thousand ringgit.

For in instance, take the spanking new multi-million ringgit party headquarters in Penang which DAP acquired within two years after assuming office in Penang. The Penang DAP building is reported to have cost about RM3.5 million. According to the Penang DAP chief, the money was collected through donations. Apparently millions have been collected to date.

When I asked a senior DAP leader on Twitter who financed the building, he replied in no uncertain terms that the millions collected were from DAP's well-wishers and loyal supporters. It is interesting to note that when individuals give money to DAP, it is called "sincere donation" but when the same treatment is accorded to Umno, the opposition cries "foul!" and accuses Umno of cronyism, corruption and abuse of power.

Well, if there's any proof at all of questionable donations to DAP for its party HQ building, send the MACC dogs in if they dare.

UMNO's cronyism, corruption and abuse of power are quite patently obvious enough for questions to be raised. Can UMNO Sabah say what warrants it to receive a "sincere" donation of RM40 million? Or there is no need for any reason at all? What is the difference between Musa receiving it and UMNO receiving it if it was a corrupt donation?

Who in his right Malaysian mind would give a donation of RM40 million for purely selfless reasons? Has anyone in Malaysian history ever done that? Why didn't UMNO Sabah say so that it was its money when the "courier" was caught? Or was that just a long after thought and the price for Musa remaining as CM?

Musa, darling of environmentalists

Ironically, while Musa is accused by the opposition of looting and pillaging Sabah's rich timber areas, it was his incessant drive to protect the timber and the forest from being plundered by irresponsible few that made him the darling of environmental groups from around the world.

How ironic indeed. As if being the "darling" of environmental groups from around the world would excuse Musa of UMNO from any acts of corruption relating to timber in Sabah, especially given the fact that the RM40 million is only the tip of the iceberg.

Everyone knows that timber is a multi-billion ringgit business in Sabah (as it is in Sarawak) fraught with all kinds of malpractices, abuses and corruption.

It certainly was not through following proper procedure that Taib Mahmud and his family amassed their tens of billions of ringgit worth of cash and assets.

Is it any different in Sabah?

These organisations consistently heap praises on Musa's forest conservation programmes. Forest areas are being replanted at record pace under Musa's watch, making hundreds of thousands of previously logged areas green again within 30 years.

In fact, during his tenure as chief minister, Musa gazetted more forest areas with lucrative timber profits and placed them under the protection of the State Assembly to ensure that no chief minister - including himself - could unilaterally give permission to log the protected areas without express approval from the assembly.

The same fervour is seen in Musa's handling of the state's huge reserves of minerals such as coal, silica, gold and limestone which, if mined, is potentially worth billions to the state's coffer.

When asked why he does not utilise these resources, which could potentially increase the state's revenue instead of spending effort and money on his conservation agenda, Musa frankly replied, "Sabah at the moment is already blessed with oil money, so let's keep the forest and minerals for our children's and grandchildren's future."

Now if you go by what is being alleged by the opposition in Parliament, you would think Sabah finances were in utter mess - plundered by corrupt leaders and at the same time causing millions of its people to go destitute and live in a broken society.

That is far from the truth. The fact of the matter is - under Musa as the chief minister - Sabah has grown by leaps and bounds. The cash reserves of the state is at its all-time high, surpassing even the two most industrialised states in Malaysia (Selangor and Penang) and still growing strong as we speak.

If the chief minister was corrupt to the core as painted by the opposition, the state would be penniless. It doesn't take a genius to empty the state coffers if one is a "vacuum cleaner" as alleged by the opposition.

Another disingenous argument. It is not necessary for a state to be penniless just because its chief minister is corrupt. Most corruption occurs with off-budget and unaccounted for moneys, especially generated from excess business revenues from such lucrative businesses such as timber, where a large part of their incomes are received overseas through some form of transfer-pricing and much other hanky-panky.

Apart from the cash reserves, Sabah under Musa has achieved a new record when he presented a RM4 billion state budget for 2012. It was the biggest in terms of revenue and allocation, again surpassing Selangor's and Penang's budget.

As icing on the cake, the Sabah government under Musa was cited by the Auditor-General's Report as the state with best financial footing and best financial management for 12 years running. Of course, the opposition is chose to be oblivious to this fact. But I digress.

Sabah Umno's account audited

In so far as political funding is concerned, while there is no specific law preventing funding of political parties by well-wishers and supporters, the MACC has made it clear to all political parties that the monies received as donations by must be recorded, made known to the leadership of the party and accounted for when audited by the authorities, including by MACC. And Umno Sabah did exactly that.

Did they really? How could they have done that when the money was held up in transit? How could such an unorthodox and questionable means of transferring the money make it a legitimate donation?

I have listened countless of times in Parliament when the opposition praised Hong Kong's ICAC as the best graft-buster in the world. They even demanded that MACC emulates ICAC's methodology in conducting anti-corruption investigations. Unfortunately, when the very same ICAC vindicated Musa, the opposition shamelessly called the decision "doubtful" and "highly irregular". Such audacity!

The audacity is on the part of Abdul Rahman Dahlan to claim that the ICAC had "vindicated" Musa when it is clear that the ICAC had done no such thing.

Let's face it. All political parties, including the opposition, receive donations and contributions from their supporters. Otherwise how would they carry their vast organisation and nationwide activities, which need to be sustained throughout the five-year gap between elections?

Let's play a number game, shall we? Let's assume PKR has branches in all 222 parliamentary areas and spends a minimum of RM10,000 on each branch for office rental, staff salary, utilities, office supplies and activities. That means top leadership of PKR needs to fork out RM2.22 million a month or RM26.6 million a year. That's a whopping RM133.2 million for five years to finance its branches throughout the nation.

Even if PKR only has half of the branches, the amount needed by PKR to ensure the running of its branches is still a mind-boggling figure of RM66.6 million for five years. These astronomical figures do not even include PAS' and DAP's expenses for their own branches.

Hmm, let's try this for UMNO's more than 19,200 branches shall we? That's RM192 million a month or RM2.304 billion a year or a whopping RM11.520 billion for 5 years and a super whopping RM126.720 billion over the 55 years that they've been in power. Now we know where all the government's money has gone or has UMNO been surviving on "sincere" political donations all this while?

So what was the fuss about the RM40 million funding again?

Yes indeed, what's all the fuss about? Or is it just the tip of the iceberg that will sink UMNO? Let's not make a fuss about that shall we?

ABDUL RAHMAN DAHLAN is the MP for Kota Belud and member of Parliament's Public Accounts Committee. He is also the Sabah BN secretary.

Sarawak & Sabah Want Their Petroleum Resources & Independence Back

2012-08-09T02:15:00.002+08:00

See also: "How Does Petronas Think Sarawak, Sabah & Kelantan Feel?"

[Comments below on the above Reuters report were made on Radio Plenty Valley FM 88.6 27/07/12]

The news comment mentioned that Petronas has developed into a multi-billion global enterprise. This is thanks to over 35 years of exploiting oil belonging to the resource rich East Malaysian states of Sabah and Sarawak on Northern Borneo Island.

The news comment also mentioned that last year Petronas contributed to half of the national budget being $60 billion. The rest must be pure profits in Petronas' bank account.

Petronas was created when the Petroleum Development Act was passed in 1974 seizing control of Sabah and Sarawak oilfields. This was made possible when resistant Chief Ministers of Sabah and Sarawak were removed by the Kuala Lumpur government and replaced with chief ministers who willingly signed away their state oil rights to Petronas control. This happened eleven years after the British colonial government transferred control of Sabah and Sarawak to the Malayan government under the Malaysia Plan in 1963.

Listeners can imagine how important Sabah and Sarawak are as parts of Malaysia for their giant contributions to the national wealth which largely goes across the China sea to develop the West Malaysian States. They essentially prop up the whole Malaysian economy.

However, despite their economic importance, in the last 49 years of “independence in Malaysia”, these 2 sparsely populated states have remained the most underdeveloped and under funded states.

In fact the rampant exploitation of the 2 states' resources has reduced Sabah to be the poorest state in Malaysia with Sarawak coming second.

The “gleaming icons” the Petronas Twin Towers in Kuala Lumpur are now being called the Sabah and Sarawak Towers as they were built with Sabah and Sarawak oil money. So was Putra Jaya the new administrative centre, other gleaming palaces and public buildings and much of the infrastructures of West Malaysia that have all been funded by Sabah and Sarawak money.

A recent news comment found on the Internet described Malaysia as a “ponzi scheme”. The Kuala Lumpur government takes 100% of Sabah and Sarawak oil revenues and taxes and gives them back a miserly 5% royalty. This is especially shocking when the two states originally owned the oil.

It is no wonder that the people in both states have come to see that they have been re-colonised in Malaysia.

A Sarawakian Dr. John B Anthony who publishes an Internet blog page called “Dayakbaru” in an article entitled: “Sarawak-may-leave-Malaysia-sooner-than-expected” said: (Quote)

"In Sarawak, the spirit of anti-Malaya due to its colonizing approach is rising. Sarawak today is being colonized in all aspects, education, commerce, religion, politics, social structure and even government through the BN party.”

Malaya took the wealth of Sarawak and gave back “crumbs” as development funds. Malaya took all the important Ministries, took all the important posts in the civil service...”

The Sabah State Reform Party deputy leader Daniel Jambun wrote in his list of 22 "failed" items by the Kuala Lumpur government (Quote):

"16. Among the biggest source of our dissatisfaction is in how our natural resources are being taken from us. Imagine if the oil royalty for Sabah and Sarawak is reviewed to 70 percent backdated to 1976 and with 8 per cent interest for arrears compounded yearly! That amount would be so much it would take care of all of Sabah’s development needs for decades to come”.

He said.”. This kind of oil royalty rate is nothing fantastic because it is already practised by other countries such as Timor Leste, South Sudan, Darfur, Acheh, and under the nationalist movement in Scotland."

Both these writers have increasingly taken a very strong stand on Sabah and Sarawak re-examining their positions as States of Malaysia.

Posted by ANAKSARAWAK to Sarawak Headhunter at August 8, 2012 10:12 PM

How Does Petronas Think Sarawak, Sabah, Kelantan & Terengganu Feel?

2012-07-03T04:58:00.000+08:00

Petronas chafes at being country’s piggy bank

July 02, 2012

A Petronas worker inspects a tanker in Kuala Lumpur

July 3, 2006. — Reuters pics

(Comments by Sarawak Headhunter in red).

KUALA LUMPUR, July 2 — State oil company Petronas is tired of being Malaysia’s cash trough. Its growing pique at the government flared into public view here in early June at the World Gas Conference.

If this is how Petronas, which doesn't own any territory from which it exploits the nation's petroleum resources, how does it think Sarawak, Sabah, Kelantan and Terengganu, which own those territories, feel?

They are the nation's real piggy bank, even though they get minimal revenues from their own petroleum resources - and in the case of Kelantan not even a single sen.

UMNO can claim it gives billions of development funds to Kelantan, but the reality is that these funds are spent to benefit cronies and areas that voted for UMNO, leaving the other areas to fend for themselves under an impoverished state government that has been deprived of its rightful petroleum resources.

Chief executive Datuk Shamsul Azhar Abbas took to the stage and declared that the government’s policy of subsidising fuel was plain wrong. A murmur ran through the crowd — his boss, Prime Minister Datuk Seri Najib Razak, was sitting in the front row.

By right, at the very least, the oil and gas producing territories of the nation should enjoy subsidized fuel. Yet they now have the highest number of poor people in the country. There is certainly something wrong here. Who have these so-called subsidies benefited and are they really subsidies?

Moments later, Najib went to the podium himself to remind everybody that the subsidies — for which Petronas foots the bill — have “social-economic objectives.”

Petronas must certainly have a certain corporate social responsibility to meet sensible and proper soci0-economic objectives, but certainly not political objectives, as has become the case - transforming Petronas into the political piggy-bank controlled by the Prime Minister and no one else, without any responsibility or accountability, not even to Parliament.

The subtext of that rejoinder: Malaysians pay among the lowest electricity rates and petrol-pump prices in Asia. While the government has vowed to “rationalize” that, it is highly unlikely to happen before elections expected in a few months.

This is certainly not true and must be seen in the overall context of consumer prices generally. Any purported "rationalization" would result in further distortion of an economy already burdened by leakages due to corruption, mismanagement, extravagance, bloated project pricing, plain looting, pre-election largesse and bribery and many other fiscal scandals that have drained the economy but have been covered by petroleum revenues.

The polite but pointed disagreement was the latest sign of assertiveness from an oil company that prime ministers have treated as a piggy bank for pet projects since it was established in 1974.

Interviews with current and former officials, and an examination of Petronas and government documents show that strains have been building behind the scenes over how much money the company hands over to the government in the form of fuel subsidies, dividends and taxes.

Financial data reviewed by Reuters show the government has increasingly relied on Petronas’s payments — a “dividend” to its sole shareholder — to plug fiscal deficits that have begun to alarm ratings agencies and analysts.

The data also show these payments grew over the past several years as oil prices soared, along with government spending. But Malaysia’s official accounts do not show how the money is being spent — and the government has steadfastly refused to disclose any details about that.

The government in particular the Prime Ministers past and present are obviously not going to disclose just how irresponsible they have been with the nation's petroleum revenues coughed up by Petronas.

“We need cash”

Shamsul delivers his address during the World Gas Conference 2012 in Kuala Lumpur June 4, 2012.

Petronas is Malaysia’s largest single taxpayer and biggest source of revenue, covering as much as 45 per cent of the government’s budget. Unlike other oil-rich nations such as Saudi Arabia, Norway or Brazil, Malaysia runs chronic, large budget deficits that have expanded even as oil revenues increased. Last year’s fiscal gap, at 5 per cent of gross domestic product, trailed only India’s for the dubious distinction of biggest in emerging Asia, and it may widen this year.

Subsidies account for a big chunk of the deficit. They have other downsides as well, Shamsul noted in his speech to the gas conference.

“Subsidies distort transparency, reduce competition and deter new investments,” he said, adding that Petronas paid between RM18 billion and RM20 billion a year to subsidize gas consumption.

Why should Petronas pay to subsidize gas consumption and who benefits from these "subsidies", directly or indirectly? Could the chief beneficiaries in fact be the crony-run IPPs? Yet electricity consumers are facing threats of higher "costs". Is Petronas being forced to subsidize inefficiency of and profiteering by UMNO's cronies?

Malaysia is not facing a fiscal crisis. Foreign investors eagerly buy Malaysian government bonds, confident the country’s reserves of oil, gas and foreign currency are deep enough to ensure the debt will be repaid.

That faith will be tested over the next few months.

Falling oil and gas prices will likely constrain Petronas’s 2012 profits, and a worsening euro-zone crisis may hurt the country’s exports. Smaller Petronas payouts and slowing economic growth would pinch government finances.

Shamsul argues now is an opportune time to pursue foreign acquisitions on the cheap as Malaysia’s domestic energy supplies deplete. On Thursday, the company announced it was acquiring its Canadian joint-venture partner, Progress Energy Resources Corp, for US$4.7 billion (RM14.1 billion). More may be in the offing.

“Mind you, for that to happen, we need cash,” Shamsul said in his speech.

The trouble is, the government needs the cash, too.

People walk outside the Petronas Twin Towers in Kuala Lumpur, September 12, 2001

Towers over Malaysia

Petronas, Malaysia’s only global Fortune 500 company, towers over the country — literally and figuratively. Its 88-storey twin towers, once the world’s tallest buildings, dominate the skyline of Kuala Lumpur.

Petronas’s oil and gas reserves rank 28th in the world, according to data from PetroStrategies in Plano, Texas, ahead of some better known players such as Norway’s Statoil and CNOOC, China National Offshore Oil Corp.

Unusual for a state-owned enterprise, Petronas’s debt is rated stronger than the sovereign state’s. The company had about US$15.6 billion in total borrowing as of March 31 and counts U.S. insurer Aflac Inc among the debt holders.

Petronas’ CEO and board, however, serve at the pleasure of the prime minister. Over the years, prime ministers have tapped into Petronas funds to build their dream projects and bail out their mistakes. Political leaders were used to dealing with yes-men in the company, which on Malaysia’s organisation chart is part of the prime minister’s office.

Now Petronas is trying to say no.

UMNO and the present Prime Minister aren't going to like that, since that could put a spanner in the UMNO works and plans especially for the coming 13th general elections that they hope to steal.

Like all state-owned oil companies, Petronas is expected to pass along a share of profit to the government, just as a private sector oil company pays dividends to shareholders.

Those dividends gobbled up almost 55 per cent of its net profits in the fiscal year ended March 31, 2011, well above the average of 38 per cent paid by national oil companies around the world, Petronas figures show.

Only sheer greed and a "couldn't care less" attitude about prudent management can account for this.

Including taxes, export duties and the dividend, Petronas estimates its total payments to the Malaysian government added up to RM65.7 billion in that fiscal year.

Swelling deficit

Najib would be forced to cut spending if he did not have access to Petronas funds.

Petronas has been pushing for a new dividend policy that would set the annual payout to the government at 30 per cent of profits instead of the flat RM28 billion it will pay this year.

A lower payout would preserve money to reinvest in global oil and gas exploration in order to compensate for declining domestic supplies.

A Reuters analysis of Petronas and government financial data shows Petronas would have paid close to RM17 billion in the March 2011 fiscal year if the 30 per cent dividend formula was in place.

A smaller dividend payment would have deepened Malaysia’s fiscal deficit, swelling it to about 6.5 per cent of gross domestic product. That is nearly triple the average among the world’s emerging-market economies, according to International Monetary Fund data.

With less Petronas money under the new formula, Prime Minister Najib would have three unpopular options: cutting spending, increasing taxes or ramping up the deficit. Worsening public finances could unsettle foreign investors, who hold about 39 per cent of the government’s local currency debt, the highest share in emerging Asia.

The Petronas CEO put a brave face on it when Reuters asked him if the new formula might be put in place this year, with elections now expected as soon as September.

“The government is fairly aware of Petronas’s need to have our own funding for growth,” Shamsul said after the company released financial results on May 31. “They respect that and they will agree to our request.”

Since when did the UMNO/BN government respect anything other than what they and their cronies want?

Najib’s office declined to comment.

Respectfully?

Election stimulus?

Najib, who took over mid-term from his predecessor and has yet to receive an electoral mandate as prime minister, can ill-afford to accommodate Petronas right now on the dividend. He has raised civil-servant wages and approved cash payouts to low-income households — vote-winning measures paid for in part by Petronas.

In reality paid for by Sarawak, Sabah, Kelantan and Terengganu.

Ratings agency Fitch warned in February that Malaysia’s budget was too reliant on petroleum receipts, and elections could drive up spending and deepen the budget deficit.

“If aggressive stimulus measures were implemented and this led to a sustained increase in public debt ratios, it would be negative for the ratings,” Fitch wrote.

That may already be happening. The government in June asked parliament to approve another RM13.8 billion in supplementary spending — more than half of it for food and fuel subsidies — which would swell the fiscal deficit to 6 per cent of GDP.

Petronas only began detailing its contributions to the government two years ago — around the time it began lobbying for a change in the dividend policy. Indeed, the word “dividend” does not even appear in its annual reports for 2001 through 2009.

Reuters has filled in some of the gaps from previous years, obtaining figures from former prime minister Tun Dr Mahathir Mohamad, now adviser to the oil company, dating back to 1976. Petronas declined to confirm their accuracy.

No public disclosure

Dr Mahathir’s data show Petronas payments to the state more than doubled between 2005 and 2011 as oil prices soared. Malaysia’s spending swelled, too, widening the budget deficit even though revenues rose. But Malaysia would not disclose what the Petronas money is being spent on.

Reuters placed an official request for that data from Malaysia’s accountant general’s office, but the audit agency said it could provide budgetary figures for everything except Petronas’s contributions.

Without access to official figures, it is difficult to determine how the government spends Petronas money. Dr Mahathir told Reuters he released additional Petronas data on his blog as an “appeal” for more clarity on where the money went after he stepped down from office in 2003.

The bulk of it appears to be going into operating expenses, including higher wages for the more than 1.4 million civil servants who are mostly Malays, Dr Mahathir said.

Since Najib took office in 2009, operating expenses have risen by almost 16 per cent. Development spending, which includes education, security and healthcare, has stayed flat.

Increased wages are a recurring cost, Dr Mahathir pointed out in an interview from his office on the 83rd floor of the Petronas Towers. Once pay goes up, he said, it is difficult to cut in lean years.

“So the result is, you take more from development expenditure because development expenditure is not a statutory requirement,” he said. “You can cut.”

Not a word about the development and maintenance costs of Putrajaya. Who knows what these are and what kind of a burden they have become to the government. Indeed, even a new government would find itself grossly over-burdened, the extent of which is something the present government is desperately trying to hide.

Other than the other undesirable legacies Mahathir @ Dr Malignant has left the nation, this would also be an enduring burden upon the country that nothing that comes out of a non-revenue generating Putrajaya and its over-paid and highly bloated Malay-stuffed civil service can ever justify.

Dr Mahathir smiles in his office at the top of the Petronas Twin Towers in Kuala Lumpur November 2, 2004.

Expanding abroad

As domestic oil supplies shrink, Petronas has been expanding abroad, investing in Sudanese oil, South African petrol stations and European liquefied natural gas. Its corporate operations map shows a presence on five continents.

But 29 per cent of the company’s international production is concentrated in Sudan and South Sudan, and clashes along their border have virtually shut down most of the pipelines. Shamsul warned that a halt in Sudan production would cost the company RM3 billion.

That is one reason behind the planned purchase of Canada’s Progress Energy. Shamsul said Thursday that the deal would boost the company’s gas resources in “a geopolitically stable region.”

Deals like this take money, and Petronas argues it cannot fulfil its mission when it is handing over more than half its profits to the government.

Petronas board member Mohammed Azhar Osman Khairuddin told unidentified US diplomats that the oil company “feels tremendous pressure to grow its business in order to maintain Malaysia’s political status.”

That is to say keep a totally and irredeemably corrupt and mismanaged UMNO/BN regime in place. What a complete waste of Petronas revenues contributed to the UMNO/BN government.

Azhar said Petronas wanted the money invested in oil and gas assets “to promote future profitability rather than be spent now on domestic programmes for political gain”, according to a diplomatic cable released by Wikileaks in June of last year.

Neither Azhar nor Petronas responded to requests for comment.

How can they defy the nation's CEO, the Prime Minister, who has already embarked upon laying waste to Felda?

The tug-of-war between government payments and corporate investments is a sore point with other oil companies as well.

Petronas faces a milder version of the dilemma facing Mexico’s national oil company, Pemex. The Mexican government is extracting so much cash from the business that Pemex is having trouble investing in production — and output has waned. Fitch assigned a “BBB” rating to the oil company’s latest debt issuance, citing a substantial tax burden and “exposure to political interference risk.”

With global energy demand expected to rise by around 30 per cent by 2050 as the population rises to 9 billion, oil executives are asking whether governments are a major obstacle to ensuring future supplies at affordable levels.

Exxon Mobil Chief Executive Rex Tillerson told the World Gas Conference that regulation, taxes and subsidies are placing at risk the projects needed to fuel global growth. If the situation persists, governments will find their economies “walking backwards,” he said.

Petronas has four oil projects in Iraq, which are expected to achieve commercial production this year. Shamsul estimates that Petronas’s share of Iraqi output will peak at 800,000 barrels of oil per day by 2015 — about 45 per cent more than Malaysia’s annual crude oil production.

The company has not disclosed how much it is investing in Iraq, but as much as US$8 billion is going into one field alone, Gharf Oilfield, which Petronas is developing along with Japan Petroleum Exploration Co.

“The reason (Petronas) does not want to give money to the government is because it needs the money to reinvest,” Dr Mahathir said. “This is a very costly business as you know. Everything runs into the billions of dollars.”

Mahathir of course is shy to mention how costly his running of Malaysia has been and will continue to be, even though he is no longer Prime Minister.

Najib (right) talks to Hassan as they arrive for the opening of 14th Asia Oil & Gas Conference in Kuala Lumpur June 8, 2009.

Good governance

As state oil companies go, Petronas has a good reputation for governance. A 2011 World Bank working paper on governance and performance of national oil companies ranked Petronas slightly above the global average.

But it has been called upon to bankroll some questionable projects, both under Najib and his predecessors. Twice — in 1984 and 1989 — Dr Mahathir asked Petronas to bail out scandal-ridden Bank Bumiputra Bhd from collapse. In those two rescues, Petronas injected a total of RM3.3 billion into the bank.

The only reason for Bank Bumiputra needing to be bailed out twice can be traced to the shenanigans perpetrated by UMNO's own cronies as well as its own deliberate refusal to pay its own debts incurred for the UMNO PWTC HQ and owing to the bank.

These have presumably been written off by Bank Bumiputra which conveniently also no longer exists.

UMNO has thus been in possession and occupation of its PWTC HQ free of charge courtesy of Petronas and the petroleum revenues of Sarawak, Sabah, Kelantan and Terengganu.

Dr Mahathir drew criticism for tapping Petronas to bail out a debt-burdened shipping concern controlled by his eldest son, Mirzan, and again to support auto company Proton, which makes the Lotus Formula One car.

Dr Mahathir denied he had bailed out his son. Petronas “drove a very hard bargain” and ended up turning a profit on the deal, he insisted. Petronas has repeatedly declined to discuss the bailouts.

Easy for Mahathir to say, but where's the proof that Petronas made a profit from the deal?

The strains between Petronas and the government spilled out into the public after Najib took office in 2009.

Tan Sri Hassan Marican, Petronas’s CEO at the time, disagreed with Najib over issues ranging from who should be named to the Petronas board to which Formula One car to sponsor.

Reuters has learned that Najib gave Hassan just six days’ notice that his contract would not be renewed in 2010, ending a 21-year career. Three people with direct knowledge of the situation said Hassan was let go because he did not get along with Najib.

“Six days to pack up a career spanning more than two decades,” said a person close to Hassan.

Hassan, now a board member at US oil major ConocoPhillips and chairman of utilities company Singapore Power, did not respond to repeated interview requests.

Appointed by Dr Mahathir, the 59-year-old accountant by training had considerable freedom before the clashes with Najib. Dr Mahathir said Hassan often said “no” to his suggestions, though he did agree to bail out the national car company that was the prime minister’s pride and joy and the company owned by Dr Mahathir’s son.

In the whole history of Mahathir's government, who from the establishment ever dared to say "no" to him and survived to tell the tale?

Hassan refused to use inexperienced Malaysian companies to develop Malaysia’s oil and gas industry, or to pursue costly ventures to develop the country’s marginal oil fields, the source close to Hassan said.

Those two projects are now part of Najib’s ambitious US$444 billion economic transformation programme launched in September 2010 — just seven months after Hassan’s removal. — Reuters

For the sake of not just Petronas, but the nation as a whole, it should be obvious to all right-thinking Malaysians that UMNO/BN's unholy reign of corruption, extravagance and mismanagement MUST come to an end in the coming GE-13 - Sarawak Headhunter

The Ghosts Of Malaysia

2012-06-30T10:05:00.000+08:00

A real Malaysian ghost story

S Thayaparan
8:39AM Jun 30, 2012

You realise that our mistrust of the future makes it hard to give up the past. - Chuck Palahniuk (Survivor)

COMMENT Here we go again. The central theme of my previous piece was how we as Malaysians willingly played Dr Mahathir Mohamad's race game and lost.

That's not surprising since the Umno house always wins. We are still playing the same game only this time, we have changed the rules. Prime Minister Najib Razak and MCA chief Dr Chua Soi Lek obviously have not caught on to this fact.

I don't find either Najib's mendacious assurances to the Chinese community that the systemic racism faced by them is a fringe ideology and not mainstream Umno dogma or the predictable banal backlash by a certain section of the Chinese community, particularly newsworthy.

Perceptive observers would understand that race relations in Malaysia is solely defined by these two communities - Umnoputra and the Chinese community, while the Orang Asli, non-Umno Malays, Indian, et al, are merely ‘passengers' (or traitors in the case of non-Umno Malays) - a step-up from ‘pendatangs' I suppose.

Pointing out the inconsistencies in Najib's ‘reassurances' would be like shooting fish in a barrel but there are some insights to be gained from the rhetoric oozing forth from the regime with regards to the political reality of Malaysia.

"We don't intend to lose," Najib proclaims so sure of he of the democratic process in Malaysia, and seeing as how the numbers are constantly being manipulated I don't doubt him. But by ‘we' he doesn't really mean BN but Umno.

He warns the Chinese if they want to have a ‘voice' in the system, they should vote for MCA, never mind that having a voice hasn't halted the institutional racism that is the foundation of Umno policy or that he (and Umno) are supposed to represent every Malaysian regardless of race, or so they claim.

But the questions still remains, what would Umno do as far as communal expectations are concerned if their coalition partners lose?

Malays go at it alone

Well, the answer to that is simple. The hawks in Umno have already decided that a "Malay go at it alone" policy is the best strategy. No doubt buttressed by the corrupt coalitions from Sabah and Sarawak, Umno could theoretically hold on to power and wait the opposition out.

By maintaining control in the so-called ‘Malay heartland' by any means necessary, they hope to cut off Opposition Leader Anwar Ibrahim from the mainstream Malay polity. This, and of course the "flawed" electoral process, should keep the game going for some time even if by electoral attrition their influence wanes.

The so-called moderates realising the inevitable futility of this are chaotically coming up with other strategies.

The newish strategy of Najib echoing the Anwar refrain of government aid not being a zero-sum game and implying that BN, or at least his BN, is offering a class-based approach to problems even if BN is in theory a race-based political coalition, has been pretty limp going so far.

The only difference between him and Anwar is that unlike Anwar, who has been pretty consistent in his message to the various communities he is campaigning to (much to the dismay of his political opponents); Najib and his allies have one message for each community, which at least in this regard is consistent with the underlying ideology of their political pact.

This abrupt change of ideological rhetoric of Umno is hardly surprising. Former prime minister and Perkasa patron Dr Mahathir Mohamad claimed not too long ago at the Perkasa/Gertak ‘mega' rally that May 13 was in actuality a class-based conflict but of course his polemic was tinged with the usual ‘communist' undertones aimed at Anwar and the DAP.

The fact that the former premier could suggest such a thing at a supposed ‘race-based awakening' was amusing, but I reckon only to me.

But then again, nobody should be surprised with BN's ideological dissonance since Pakatan Rakyat itself is a bundle of barely suppressed ideological and religious impulses. Not that it matters of course.

Pakatan partisans have displayed a remarkable intolerance at challenging their own political dogma or even possible policies preferring instead to gorge on the daily financial scandals and the resultant shadow play arrests, which are fed to them by canny political operatives.

The opposition coalition has played the political game shrewdly but really Umno's incompetence is half the battle won. Pakatan's own financial and political scandals are dismissed by their supporters as inconsequential (compared to BN's) or as BN propaganda meant to destabilise the fragile coalition.

Modern-day slavery
Najib's latest "goody" - how I loathe that term - bag to taxi drivers is the latest state-sanctioned bribery that has blown up in Umno's face. Predictably Pakatan supporters have lapped this up gleefully pointing out the numerous cronycrats, who have benefitted from this system.

Taxi drivers as a possible voting block are awash with the muck that soils the system. Playing the system with price-fixing gangs, employing ‘foreigners' as proxy drivers, and the list goes on.

Najib's rather preposterous claim that the monopoly of private companies of taxi licences is a form of modern-day slavery is despicable but fits in nicely with PAS' ‘mahafiraun' narrative with regards to the citizen slavery to Umno.

If Najib really wants to wage a jihad on modern-day slavery here in Malaysia, he should personally look into the human trafficking of children, women and men who service the various industries - both legal and illegal - which contribute to the economy of this country and Umno coffers.

He should look at the ‘slave wages' earned by some in the Indian and Chinese community who have the added indignity of being denied citizenships for bureaucratic reasons. And then of course, there's the ‘Orang Asli problem'.

But all these very real issues are subsumed beneath the political one-upmanship that Umno seems to be losing in the cyber propaganda war and let's face it, Pakatan is unable to address for various reasons. All that is forthcoming are assurances that by winning federal power, they would be able to solve these ‘issues"' Exactly how they intend to do this is something we have to take on faith.

Faith. Something that Umno doesn't seem to realise is practically non-existent in a certain section of the voting public, which Umno is aggressively courting. Najib talks of "ghosts" which are being created out of the Lynas issue and he's right.

There has been very little objective discourse on the Lynas issue so far except appeals to emotion from both sides of the political divide. BN, of course, has got nothing to fall back on because decades of executive interference has left all the government institutions devoid of credibility staffed by cronycrats unable to command an iota of respect.

Pakatan, on the other hand, has had a field day turning this issue into their main environmental and safety (sic) issue in lieu of any substantive environmental policies of their own.

And good for them but bad for us in the long term if any issue will always been used as stakes in a political game because the alternative alliance that claims to be forward thinking and progressive always has the excuse that it is involved in a life and death struggle with their political opponents.

Najib's wingman

I'm not surprised that Umno has some sort of ‘reality distortion field' at work in Putrajaya but I'm surprised that it has affected Najib's wingman to the Chinese community, Chua Soi Lek.

Chua a shifty operator with a good work ethic - he would have done well during Tunku Abdul Rahman's tenure (sex scandal and all) - but seems to have really lost the plot.

His bare naked shilling for Umno has reached preposterous heights. His ‘counseling' of ‘not dwelling' on what happened in 60s and 70s to those youths is bizarre. I doubt most Chinese, or even most Malaysians, are even aware of what happened in the 60s or 70s. What they know of it is probably Umno propaganda or unofficial communal propaganda. I doubt they are up-to-date on the subaltern narratives that are excluded from the discourse.

No. What they are dwelling on is what happened last year. Or last week or yesterday. What they are dwelling on is the murder of Teoh Beng Hock or the demonisation of a Malaysian politician like Lim Guan Eng who is a marked man simply because he is Chinese chief minister not sanctioned by Umno. They are dwelling on the numerous provocations by Umno outsourced thugs who the MCA is guilty by association with.

As I said we are playing the same game but we changed the rules. The main rule change is that the Chinese community doesn't care if they get representation in the cabinet because the MCA has been doing a piss poor job. They don't give a damn about the vigorous discussions behind ‘closed doors'. The communal issues that the MCA championed before is now in the purview of the DAP.

The MCA, unlike Umno, has nothing to fall back on. That's the problem with being a minority race-based party in a multiracial country. Of course, the existential crisis MCA is facing now will eventually be experienced by any minority race-based party. Thinking long-term has never been a strong suit of the Malaysian voting public.

Ghosts from the past haunt this election and every other election. We will never be able to exorcise them because we continue to play the same game.

S THAYAPARAN is Commander (rtd) of the Royal Malaysian Navy.

Taib & Gang Ignore Penans Yet Again

2012-05-23T19:04:00.000+08:00

Tired Penans snubbed

Joseph Tawie | May 23, 2012

Chief Minister Abdul Taib Mahmud and his 56 elected reps turned their backs on a Penan delegation who had journeyed five days to see them at the State Legislative Assembly.

KUCHING: A five-day journey from Long Sa’at in interior Ulu Baram came to nought yesterday when all Barisan Nasional elected leaders spurned a 13-member Penan delegation who came to see them to present the community’s development plan.

All the 71 lawmakers including Chief Minister Abdul Taib Mahmud and his deputy Alfred Jabu Numpang knew the Penans were coming.

In fact, they along with journalists had early yesterday morning received an invitation to attend the Penan community’s development briefing at 12.30pm at the media conference room in the State Legislative Assembly.

But neither Taib nor his 56 elected representatives turned up.

Only the 15 opposition assemblymen from DAP and PKR were present to hear their proposal on how the community could protect their rights, their adat (culture), manage their forests and develop their economy.

A disappointed Siang Ngadau, a spokesman for the group, said: “We are deeply disappointed. They (BN lawmakers) do not care about our plight.

“It is not easy for us to come here. It took us five days to reach Kuching depending on the availability of transport. Firstly, we have to walk through jungle tracks for three hours, use longboats for another three hours, riding on four-wheeled drive for eight hours before we can reach the nearest town.

“From Marudi and Miri, we have to fly to Kuching.”

When asked why they did not approach their assemblyman Dennis Ngau (Telang Usan), Siang said that Ngau knew of their plan, but was not interested in their welfare.

“If the BN assemblymen and the authorities can help us we will not come to Kuching to present our case.

“But they just don’t care about our plight,” Siang added.

Rude BN reps

Explaining the purpose of their visit, Siang said it was to share with all the elected representatives and journalists their proposal through their Penan Peace Park project to develop the community.

“The Penans from 18 Penan villages have since 2009 been discussing how they can uphold and protect their rights and adat, preserve their history, look after their forests, rivers and environment and to develop their economy.

“Thus the idea of Penan Peace Park came into being. We are worried that our survival and our livelihood will be affected once the Baram dam is constructed,” said Siang, pointing out that through this Penan Peace Park a number of projects would be launched not only to ensure their survival but also to carry out all those objectives.

Meanwhile, Sarawak opposition leader Wong Ho Leng pledged DAP’s support for the Penan Peace Park.

Praising them for their bold peace park project, Wong, who is also the Bukit Assek assemblyman, said that it was to preserve their community, their culture and forest resources.

“For all these reasons, DAP will extend its support to and to fight for the Penan cause.

“We cannot allow the Penans to be continually marginalised by the Barisan Nasional,” he said.

Wong also voiced his “disgust” at the BN leaders’ lack of courtesy.

“I must express my disgust at the absence of BN elected representatives at the briefing.

“Although every assemblyman and assemblywoman from BN, DAP and PKR were given an invitation letter to come, not a single minister, assistant minister or assemblyman from BN appeared here.

“I think the Penan community has every right to know the reason for the lack of concern on the part of BN on the plight of the Penan people,” said Wong, who is also state DAP chairman.

‘Nothing wrong in listening’

Sarawak PKR chief Baru Bian also took the BN leadership to task.

“I don’t see why the BN elected representatives were not present. There is nothing wrong in listening to the whole thing.

“The important thing is that we work for everybody and for the good of the rakyat irrespective of their political differences.

“Don’t say that because they are with the opposition, then you don’t support them. That is not good.

“As far as we are concerned, what they (Penans) presented today is very logical and reasonable.

“There is a need for it, and I hope the authorities and ministers would support their project,” said Bian, who is the Ba’Kelalan assemblyman.

Comment by Sarawak Headhunter: Even the White Rajahs treated the Penans better than Taib Mahmud & his regime.

1 Lagi Projek Khianat UMNO-BN Diperlanjutkan

2012-05-23T10:00:00.000+08:00

(Sabahkini) - SAYA, Chung Su Li, menujukan surat terbuka ini kepada Perdana Menteri Malaysia, Menteri Dalam Negeri dan Jabatan Penguatkuasa di Malaysia agar memantau kegiatan subversif iaitu pemberian kerakyatan songsang kepada warganegara India di Sabah.

Siasatan saya mendapati seramai lebih kurang 100 orang warga India di Sabah dan lebih kurang 1,500 di Semenanjung Malaysia telah berjaya mendapat Kad Pengenalan dengan membayar sejumlah wang di antara RM 30,000 sehingga RM 75,000 kepada sindiket yang mempunyai rangkaian di seluruh Malaysia.

Saya mewakili majoriti suara rakyat Sabah ingin menarik perhatian kerajaan yang sedang berusaha untuk mencari dalang-dalang dalam aktiviti menjual IC kepada warga asing, terutama daripada India, Pakistan, Indonesia dan Filipina.

HEBAT....Skandal IC Projek terbaru masih menggunakan Modus operandi yang sama iaitu laporan kehilangan kad pengenalan.

Aktiviti membuat IC menggunakan wang telah mula menjadi-jadi di Sabah setelah seorang yang bernama Nasir Bin Yusof berjaya mendapatkan IC untuk dirinya pada awal tahun 2011.

Nasir Bin Yusof atau Latiff, yang berasal daripada RegunathaPatti, Tamil Nadu, India datang ke Malaysia dengan mengunakan Visa Tukang Masak di sebuah Restoran India.

Beliau kemudiannya telah berjaya membuka beberapa kedai sendiri di sekitar Kota Kinabalu, Sabah. Antara bekas Restoran beliau yang terkenal ialah Restoran Salimah berhampiran Hospital Mesra Bukit Padang dan di Terminal Inanam.

Beliau membuka kedai mengunakan nama seorang warganegara Malaysia dan menjalankan perniagaan tersebut sedangkan dia memegang Visa tukang masak pada ketika itu.

PASPORT.....Salinan Pasport India Nasir yang ketika itu menggunakan nama Kader Moideen Latheef. Mustahil Jabatan Imigresen tidak mempunyai salinan kerana beliau mempunyai Permit Kerja sebagai Tukang Masak.

Pada masa itu, beliau mula mengalihkan minat beliau ke bidang lain. Atas sifat-sifat beliau yang berani dan pandai menarik hati dan memikat pegawai kerajaan dengan memberikan suapan tertentu; telah berjaya menjadi agen menguruskan dokumen kepada pekerja asing dan majikan warganegara.

Beliau menjalankan tugas khas ini sedangkan pada hakikatnya beliau hanya seorang tukang masak di kaca mata undang-undang, mengatasi Agensi Pekerjaan Swasta dan Agensi Kerajaan yang mempunyai potfolio mengeluarkan dokumen pengenalan diri.

Latiff mula menjual satu demi satu kedai beliau apabila perniagaan haramnya mula maju. Beliau tidak perlu sakit kepala lagi memikirkan tentang apa juadah yang perlu di masak di kedainya. Beliau juga tidak perlu membayar cukai perniagaan dan pendapatan. Beliau mula memberikan perhatian yang serius dalam aktiviti agen tersebut kerana sudah terkenal di Sabah.

Mengikut pemerhatian saya, beliau keluar masuk hampir setiap hari di Jabatan Imigresen Sabah (JIS). Beliau akan datang biasanya waktu petang dengan membawa beg berisi pasport dan sampul surat berwana coklat. Beliau akan terus berjumpa dengan pegawai yang diperlukannya dan mendapat layanan istimewa.

Kenapa perkara ini boleh terjadi? Latiff telah pun membeli dua organisasi penting iaitu Jabatan Imigresen Sabah (JIS) dan Jabatan Pendaftaran Sabah. Beliau merasuah hampir semua kakitangan JIS bermula daripada sumbangan sarapan pagi, makan tengah hari, minuman, alat solek, peralatan rumah dan kredit telefon bimbit. Jika disemak telefon bimbitnya, sudah tentu terdapat nombor telefon semua pegawai pegawai tinggi kerajaan terutama Imigresen, JPN dan Polis.

Latiff akan menguruskan visa pekerja asing dengan bayaran bermula daripada RM600 sehingga RM 1,000. Majikan lain yang cuba berurusan sendiri di kaunter akan mengalami pelbagai kerumitan dan kelewatan serta syarat yang sangat ketat.

Pegawai JIS tanpa segan silu akan mencadangkan kepada majikan untuk bertemu Latiff untuk memudahkan urusan mereka. Ini semua hasil tunjuk ajar Latiff. Namun setakat ini, hanya Pengarah Imigresen Sabah, Mohd Mentek sahaja yang tidak dapat dibeli kerana ketegasan dan prinsip y utuh yang dimilikinya.

Latiff tidak berjaya meraih simpati daripada Mentek yang kental dengan semangat kenegerian dan memahami masalah Sabah. Agensi Pekerja Asing yang berdaftar dengan Pasukan Petugas Khas Persekutuan hanya bermimpi di siang hari untuk mendapatkan layanan serupa dengan Latiff.

SEGERA.....Nasir menjadi pemilih ekpress dengan kad pengenalan yang ada padanya.

Latiff juga membantu orang ramai untuk mendaftarkan pekerja asing mereka secara haram, menguruskan penubuhan syarikat secara haram untuk memastikan warga asing dapat membawa kaum keluarga dan kerabat mereka masuk ke Malaysia melalui visa pegawai dagang.

Beliau juga mempunyai kenalan pengawai yang telah dirasuah di Lapangan Terbang Antarabangsa Kota Kinabalu terutama Pegawai Kanan Imigresen untuk membenarkan pekerja yang mengunakan visa bekerja di Semenajung Malaysia masuk bekerja di Sabah selain menguruskan urusan balik warga asing yang mempunyai masalah Imigresen.

Selain itu, beliau turut membantu orang ramai dengan bayaran tertentu untuk menguruskan dokumen lain seperti urusan membuat sijil nikah dan urusan JPN yang lain. Beliau juga sudah semakin berani apabila menjadi Setiausaha Parti Kimma sejurus mendapat IC Projeknya. Beliau mempunyai ramai kenalan dalam facebooknya terutama ahli Kimma seluruh negara.

Latiff kemudian membuka sebuah kedai setelah memiliki banyak wang, semata-mata untuk menutupi segala aktiviti haramnya. Kedai tersebut ialah JJ One Phone di Lot 57, Bandaran Berjaya, Kota Kinabalu.

Dalam kedai ini, terdapat sekurang-kurangnya 50 pasport dalam satu-satu masa. Kedai ini dibuka untuk mengelirukan pihak berkuasa dan menutup mata orang ramai. Namun kedai ini hanya menjadi mesin 'Money Laundering' kerana hanya menjual kredit telefon dan telah memindahkan operasi haramnya ke Asia City, Kota Kinabalu.

Latiff ini berjaya melepaskan diri daripada tindakan undang undang kerana memiliki pengaruh yang kuat serta memiliki keajaiban. Beliau pernah ditahan kerana menipu dalam menurunkan tandatangan seorang majikan setelah pekerja asingnya yang ditahan di Kudat oleh Pegawai Penguatkuasa Imigresen Sabah yang dikenali sebagai Halid. Namun, kes itu ditutup tanpa sebarang tindakan.

Beliau juga berkawan rapat dengan seorang polis yang bernama Ayub kerana Ayub mengenali hampir semua polis berpangkat tinggi di Sabah kerana dahulunya mempunyai sebuah kedai runcit dalam kawasan Ibu Pejabat Polis Kepayan.

Dengan Ayub, semua kawan beliau terutama orang India boleh keluar daripada tahanan dengan mudah tanpa sebarang kerumitan. Selain itu, di setiap pusat tahanan terutama di Kimanis Papar, Latiff mempunyai orang untuk mengeluarkan sesiapa saja yang ditahan dengan mengenakan bayaran antara RM2,000 hingga RM5,000 setiap seorang dan wang tersebut akan dikongsi bersama pegawai yang terlibat.

Pendedahan saya ini khas untuk menekankan bagaimana Latiff, seorang warga India yang telah lahir semula di Malaysia dan menjadi Warganegara Malaysia seterusnya menjadi salah satu kepala dalam membuat IC di Sabah.

Mengikut rekod, Latiff atau nama asalnya, Kader Moideen Latheef yang mengunakan Passport India bernombor E3171231 yang sah sehingga 08.10.2012 dan visa juga sah sehingga hujung 2011 dengan tarikh lahir dalam pasport 10 Oktober 1972.

Kini beliau tidak lagi menggunakan pasport India setelah mendapat resit kad pengenalan Malaysia 620605-12-6421 dengan identiti dan nama baru iaitu Nasir Bin Yusof dan tarikh lahirnya di kebelakangkan pada 05 Jun 1962. Perkara ini sangat jelas menunjukan berlaku banyak penipuan yang dilakukan oleh Latiff. Bagaimana beliau boleh tua 10 tahun dalam IC berbanding Pasport beliau?

Siapakah Nasir Bin Yusof ini sebenarnya? Adakah orang yang telah meninggal atau pun orang yang tidak menuntut ICnya? Ini bukan fitnah. Saya sertakan salinan pasport dan semakan daftar pemilih beliau.

Saya percaya bahawa Tuhan akan meninggal bukti bagi menumpaskan semua kejahatan di dunia ini. Bukti yang saya berikan sangat jelas. Namun, bagaimana pula Latiff ini berjaya memiliki IC ini?

Adakah hal ini seperti yang dibangkitkan oleh Naib Presiden PAS, Dato Mahfuz Bin Omar baru-baru ini? Apa pun saya akan memberikan serba sedikit maklumat mereka yang terlibat dan terpulang kepada kerajaan Malaysia untuk menyiasatnya.

Jangan kerana nila setitik, rosak susu sebelanga. Orang macam Latifflah yang menyebabkan desakan terhadap RCI terus dilaungkan oleh rakyat Sabah. Saya berpendapat, penahanan beberapa individu yang saya berikan ini akan mencari penyelesaian masalah IC di Sabah.

Latiff ini berjaya mendapatkan IC beliau melalui pertolongan Datuk Haji Jaffaer Henry, bekas Pengarah JPN Sabah melalui bantuan Suzina Binti Mohd Rahfee. Puan Suzina mempunyai hubungan rapat dengan Latiff. Latiff sentiasa mengambil dan menghantar Puan Suzina apabila pergi atau balik daripada mana-mana urusan di luar negeri terutama daripada Kuala Lumpur dan Labuan.

Selain itu, Latiff sentiasa mengunakan kereta Puan Suzina apabila dia tiada di Sabah. Latiff juga menyediakan semua keperluan rumah kepada Puan Suzina. Saya hairan bagaimana Puan Suzina yang bergred KP 27 yang juga baru mengangkat sumpah sebagai Penolong Pegawai Pendaftaran pada tahun 2009 dan menerima penempatan baru di JPN Kota Kinabalu boleh menandatangani resit laporan kehilangan kad pengenalan pada tahun 2004 dan 1996?

Beliau yang baru mengangkat sumpah untuk bertugas di JPN Kota Kinabalu pada 28 Mei 2009 bertempat di 'The Regency, Tanjung Tuan Beach Resort, Port Dickson berjaya menyediakan semua dokumen secara sempurna untuk mendapatkan IC kepada Latiff; tetapi tidak berjaya membuatnya tanpa meninggalkan bukti kukuh.

Selepas berjaya mendapatkan IC, Latiff melihat perkara ini daripada sudut perniagaan. Beliau ingin mengaut keuntungan besar dengan menjual IC seperti ini. Beliau kemudianya mencari jalan dan beliau mula bersekongkol dengan rangkaian Musakkar Bin Abdullah (Kadersha) yang juga memiliki ‘IC MASIH PANAS’ yang maklumatnya disertakan bersama ini.

Rangkaian Musakkar ini terdiri daripada beberapa orang daripada Jabatan Pendaftaran Negara. Mereka diketui oleh Abdul Rahman bin Md Noor (Gred 42) Ketua Unit Khas Sabah (KUS) di Putrajaya; diikuti Puan Farrah Izanni Binti Mohamad Ismail, Penolong Pengarah Unit Khas Sabah; Md. Solehan bin Omar, Pengarah Bahagian; Ruslan Bin Alias, Penolong Pegawai Pendaftaran; Susilan dan Puan Sulaiha dan beberapa pegawai di Bahagian Kad Pengenalan.

Mereka menerima permohonan Kad Pengenalan seperti ini hanya daripada Latiff, Musakkar dan beberapa orang lagi. Mereka akan meminta menyediakan butiran serta gambar dan kemudian mereka akan diberikan resit IC, Sijil Lahir dan seterusnya Maykad berserta dokumen lain oleh pegawai di atas.

Saya tidak mengenali semua pegawai tersebut, akan tetapi semua mereka ini benar-benar terlibat. Saya tiada memiliki bukti lain selain daripada ini. Namun, saya yakin dengan bantuan semua individu tersebut, Latiff berjaya mendapatkan IC seseorang yang telah mati ataupun yang tidak dituntut oleh pemohon.

Kejayaan Latiff ini berjaya menambah ahli rangkaian dan agen di Sabah. Latiff kemudian bertukar menjadi salah satu ahli rangkaian ini dengan harapan dapat menguat untung yang besar. Rangkaian ini kemudian di sertai oleh Salim Khan Bin Kaboor dengan IC bernombor 681012-12-5123 iaitu pemilik sebuah restoran terkenal di Sabah iaitu Restoran Salim, di Lintas Plaza, Kota Kinabalu.

Setelah beliau berkahwin kali kedua, beliau telah jatuh dalam perniagaan dan setelah mula berniaga IC, beliau kini sudah naik semula dan semakin kaya. Rangkaian ini kemudian berjaya mendaftarkan seramai 100 orang setakat ini di Sabah dan di Semenanjung 1,500 lebih.

Semua orang yang telah meninggal di Semenanjung Malaysia telah lahir semula dengan bantuan pendekar-pendekar yang baru wujud di Sabah ini. Adakah ini zaman batu atau zaman moden? Salim dan Latiff sentiasa menjemput Rahman apabila sampai di Sabah dengan menyediakan semua kemudahan termasuk hotel mewah dan sebagainya. Perkara ini amat merisaukan saya dan seluruh rakyat Sabah.

IC yang dimiliki oleh Latiff telah dibuat sebegitu sempurna tanpa boleh dipertikaikan lagi. Siap dengan salinan laporan kehilangan kad pengenalan yang kononnya pernah hilang pada 12 Mac 2004 dan 30 Disembet 1996 yang ditandatangani oleh Puan Suzina yang saya sertakan sekali dengan laporan saya ini.

Namun dengan kuasa tuhan, saya telah menjumpai beberapa kelemahan dalam laporan ini kerana nama penuh dalam laporan ini ialah Nasir @ Lathiep Bin Yusuf yang mana sangat berbeza dengan IC beliau. Adakah Puan Suzina ini bekerja dari tahun 1997 sehingga 2011 dalam satu bahagian yang sama dalam JPN Kota Kinabalu atau beliau baru ditempatkan di Kota Kinabalu pada Mei 2009? Adakah perkara ini boleh masuk akal?

Latiff mempunyai dua orang adik beradik lagi di Sabah yang mana salah satunya berada di Papar dan tidak mempunyai IC dan salah satunya yang bernama Peer Mohammad Bin Kadeer dengan no Maykad 600323-12-5465. Adik beradik satu bapa tetapi dibinkan kepada orang lain. Tidakkah pihak kerajaan boleh menyiasat hal ini?

Seorang lagi agen khas untuk pekerja asing India yang terlibat dalam rangkaian ini ialah Musakar Bin Abdullah dengan IC No 620305-12-5961. Jika meneliti kisah Musakar, beliau ini boleh dianggap sangat berbahaya dan saya memiliki beberapa dokumen untuk membuktikan bahawa IC Musakar ini baru di beli.

Beliau datang daripada India mengunakan Visa Tukang Masak untuk Kedai Kopi Farvin Inanam yang dijamin oleh Majikannya, Aziz Bin Kasim. Kemudian Aziz telah membatalkan visa tersebut dan menghantarnya balik ke India. Salinan tersebut turut disertakan. Beliau kemudiannya balik ke Malaysia dengan jaminan seseorang lagi.

Beliau kemudian membuka sebuah kedai barang-barang aneka kecil di belakang kedai Farveen Curry House berhampiran Shell, Kampung Air Kota Kinabalu. Seratus peratus barang dalam kedai ini ialah barang curi yang dibekalkan oleh sindikit tertentu dan menjadikan tingkat atas kedai beliau tempat menyimpan barang atau stor.

Kemudian beliau akan menjualnya di kedai tersebut. Pihak kerajaan boleh menyiasat hal ini dengan lebih lanjut lagi. Tambahan pula, nama Musakkar ini sewemangnya nama bukan India. Tentu sekali, Mykad ini milik rakyat Malaysia atau Indonesia.

Musakkar datang ke Malaysia dengan nama Kadersha Mydeen atau nama gelaran Katta Kaja dengan pasport India bernombor A7754373. Kemudian beliau membuat IC dengan bayaran RM 30,000 melalui rangkaiannya. Beliau berasal daripada Asoor, Trichy, Tamilnadu dan pasportnya sah sehingga 5 Mei 2009.

Beliau kini sudah membuka restoran sendiri di hadapan kedai barang anekanya dengan nama Restoran Farveen Curry House bertentangan Shell Kampung Air. Pada asalnya, beliau hanya bekerja di situ. Apabila berjaya mendapat untung yang banyak daripada penjualan IC, beliau terus membeli kedai tersebut dan menjadikan ia miliknya. Kegiatan Kadersha ini boleh mengancam keselamatan Negara kita.

Kadersha ini pada asalnya bekerja bersama Aziz bin Kasim. Atas kebiadapan terhadap Majikannya dan melakukan kesalahan Imigresen, beliau ditahan oleh Jabatan Imigresen Sabah yang ketika itu laporan ini dibuat oleh Aziz di pejabat lama di Wisma Dang Bandang, Kampung Air.

Semasa dalam tahanan, Aziz telah membatalkan visanya dan membeli tiket penerbangannya untuk balik ke India. Salinan tiket tersebut turut disertakan. Namun, Kadersha berjaya keluar daripada tahanan dengan bantuan seseorang.

Beliau kemudian membuat muslihat dan tinggal di Sabah. Sekarang ini beliau kembali ke Malaysia dan berjaya membeli Restoran majikannya sendiri. Fakta ini benar sekali, pihak berkuasa boleh menghubungi bekas majikannya, Aziz bin Kasim di talian 016-8105XXXX (nombor sebenar sila email ke Sabahkini) untuk maklumat lanjut.

Selain itu, satu kes yang masih dalam siasatan di Balai Polis Lama Kota Kinabalu terhadap Kadersha mengenai cek tendang yang dilaporkan oleh Aziz Bin Kasim, bekas majikannya. Baru baru ini, ada orang yang melaporkan tentang IC Musakkar (Kadersha) di Balai Polis Karamusing.

Tetapi kes ini berjaya ditutup olehnya dengan wang ringgit Malaysia. Kadersha juga menyembunyikan dirinya selama seminggu di rumah banglonya yang dibeli dengan wang hasil kerja kerasnya membuat IC di Semenanjung Malaysia sebelum menutup kes ini. SB Mohan daripada Balai Polis Karamusing juga mengetahui hal ini. Dialah yang menguruskan kes-kes India di Kota Kinabalu.

Sehubungan itu, saya mengharapkan satu penyiasatan khas dibuat mengenai hal ini. Saya bersama ratusan rakan saya tidak akan teragak-agak untuk mengumpulkan tandatangan bagi memastikan kerajaan Malaysia menyiasat hal ini dan tidak memberikan sebarang alasan.

Kami mahu IC mereka yang terlibat harus ditarik balik. Kami rakyat Sabah tidak mahu mereka menjadi salah satu pengundi dalam pilihanraya 13 akan datang. Kami mahukan penyelesaian menyeluruh.

Sekiranya kerajaan Malaysia tidak menyiasat dan mengenakan tindakan undang-undang ke atas semua suspek ini, maka kami akan meminta bantuan pembangkang untuk menuntut penyiasatan ke atas isu ini yang kami kira amat penting untuk kami warga Sabah. Kami hilang punca pendapatan angkara warga asing seperti Latiff dan Kadersha yang diberikan IC.

Saya berharap agar agensi kerajaan yang terlibat menyiasat hal ini serta merta sebelum pilihanraya akan datang. Penerima IC seperti ini harus dibuang dahulu. Mereka tiada hak memegang kad pengenalan Malaysia.

Pendedahan saya ini membantu kerajaan untuk mengesan individu yang bersalah dan seharusnya inilah peluang yang baik kepada kerajaan Malaysia untuk membersihkan nama daripada dakwaan pembangkang.

Apa pun jutaan rakyat Sabah akan menantikan berita gembira tentang dalang-dalang dan pemegang IC ini ditangkap secepat mungkin. Kami menaruh harapan pada kerajaan yang kami sanjung selama ini. Kami sentiasa menantikan langkah daripada kerajaan selepas ini dengan harapan yang besar.

Penuntutan pembangkang untuk menubuhkan RCI akan terjawab dengan tertangkapnya rangkaian ini. Maklumat ini saya kumpul daripada agen-agen SAH di Sabah dan orang ramai. Selepas penahanan rangkaian ini, Ini kalilah, terjawabnya semua misteri di sebalik desakan penubuhan RCI. Apabila berita ini diketahui oleh mereka, tentu mereka akan bersembunyi dan keluar selepas keadaan baik semula. Tapi ingat, kami tidak akan biarkan rangkaian ini berleluasa sampai bila-bila pun.

Kami tidak mendedahkan identiti kami seperti nombor telefon selengkapnya kerana risau tentang keselamatan kami. Semua yang terlibat amat berbahaya. Pegawai kerajaan juga dikira amat takut dengan mereka ini. Namun jika diperlukan, bukan saya seorang yang akan tampil nanti, ribuan orang yang menyokong saya dalam hal ini akan tampil ke hadapan.

Saya harap kerajaan mulakan dahulu penyiasatan. Semua bukti kukuh telah saya berikan. Tiada satu pun tuduhan saya ini boleh dianggap fitnah. Kami sedang mengumpulkan nama-nama dan biodata mereka yang baru sahaja membeli IC daripada rangkaian ini dan akan didedahkan kemudian hari.

Sedangkan masih ramai pemegang kad bunga raya di Sabah akibat daripada kelewatan JPN menguruskanya yang berpunca daripada kekurangan maklumat, bagaimana kerajaan boleh bertindak mengeluarkan IC berbayar seperti ini yang seratus peratusnya haram?

Sekian, Terima Kasih,

Salam Satu Malaysia,

CHUNG SU LI

Basic Principles On The Role Of Lawyers

2012-05-22T12:57:00.001+08:00

Basic Principles on the Role of Lawyers

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990

Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion,

Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,

Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law,

Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms,

Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel,

Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured to untried prisoners,

Whereas the Safeguards guaranteeing protection of those facing the death penalty reaffirm the right of everyone suspected or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on Civil and Political Rights,

Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime,

Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession,

Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest,

The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.

Access to lawyers and legal services

1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.

2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.

3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources.

4. Governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Special attention should be given to assisting the poor and other disadvantaged persons so as to enable them to assert their rights and where necessary call upon the assistance of lawyers.

Special safeguards in criminal justice matters

5. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence.

6. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services.

7. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention.

8. All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a lawyer, without delay, interception or censorship and in full confidentiality. Such consultations may be within sight, but not within the hearing, of law enforcement officials.

Qualifications and training

9. Governments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.

10. Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination against a person with respect to entry into or continued practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other opinion, national or social origin, property, birth, economic or other status, except that a requirement, that a lawyer must be a national of the country concerned, shall not be considered discriminatory.

11. In countries where there exist groups, communities or regions whose needs for legal services are not met, particularly where such groups have distinct cultures, traditions or languages or have been the victims of past discrimination, Governments, professional associations of lawyers and educational institutions should take special measures to provide opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups.

Duties and responsibilities

12. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.

13. The duties of lawyers towards their clients shall include:

( a ) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients;

( b ) Assisting clients in every appropriate way, and taking legal action to protect their interests;

( c ) Assisting clients before courts, tribunals or administrative authorities, where appropriate.

14. Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession.

15. Lawyers shall always loyally respect the interests of their clients.

Guarantees for the functioning of lawyers

16. Governments shall ensure that lawyers ( a ) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; ( b ) are able to travel and to consult with their clients freely both within their own country and abroad; and ( c ) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.

18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.

19. No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.

20. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.

21. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time.

22. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential.

Freedom of expression and association

23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

Professional associations of lawyers

24. Lawyers shall be entitled to form and join self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.

25. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics.

Disciplinary proceedings

26. Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.

27. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.

28. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.

29. All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.

The Father Of The Illegitimate UMNO Baru (Haramjadah)

2012-05-20T01:54:00.000+08:00

A deranged doctor in the house

Josh Hong

Mahathir Mohamad may have been a dutiful and well-respected medical doctor back in the 1940s. But his decision to enter the political fray has - it’s safe to say - turned out to be a sheer nightmare for the country as a whole.

Mahathir could have maintained his good reputation as a doctor, but his name is now ruined, forever associated with the Twin Towers of corruption and cronyism, his only solace being perhaps the personal wealth that he and his sons managed to accumulate when he was at the zenith of his tyrannical rule.

And the most pathetic thing about this old man is that he had a choice to become either a statesman or a rascal, but he has clearly opted to be remembered as a deranged veteran who refuses to believe the world around him has changed.

By any standards, Mahathir was an intelligent man among his contemporaries. Even Lee Kuan Yew found him a tough nut to crack.

Lee is an elite member of the old anglophile school who could easily quote a famous British judge to justify his own autocratic governance, but was confronted with tremendous difficulties in articulating his thoughts with the masses in Singapore’s early days as an independent state. But Mahathir, himself from the top drawer of his time, was often able to return to the grassroots and arouse populist sentiment for his own cause when the going got tough.

Which makes it all the more tragic that the doctor has now become deranged in his own house. With Barisan Nasional appearing to lose power sooner or later, he is living in great fear of his own misdeeds and transgressions being laid bare under the Malaysian sun. Had Mahathir been a righteous and just-minded leader, he would not have to shudder constantly at the scenario of an alternative government, for his rectitude would remain intact, come what may.

But integrity is precisely what the doctor is short of. To pre-empt potential change of government, he is now working profusely to smear both the Bersih movement and the opposition by joining the government’s chorus of vilification.

In fact, he is almost a lead singer!

Admittedly, Mahathir, who is single-handedly responsible for the erosion of the Malaysian judiciary does not see eye to eye with the Bar Council. The bad blood, however, came only from the doctor himself as he tried to ‘fix’ the judges as he did his own patients in Alor Star. His caustic remarks that the Bar Council has become a political party therefore only reveal his ineptitude in understanding the role of the legal fraternity.

Hence, it was a blessing that the colonial administration allegedly denied him a scholarship to read law in London!

Instead of hurling hollow accusations at the Bar Council, Mahathir should have the decency to admit as many as 90 percent of the judges, high-ranking police officers and “mainstream” journalists - especially those from RTM, TV3, Utusan Malaysia, Berita Harian, The Star and the New Straits Times - actually joined Umno and became his underlings after 1988.

Speaking truth to power

No, the Bar Council is not partisan. It just so happens that the current government is more often than not found to be on the wrong side of the law, and our lawyers are duty-bound to correct it. A Singaporean lawyer once told me how much she wished her colleagues back home would have the guts to speak truth to power like many of her Malaysian counterparts. This time on the Bersih 3.0 rally, the Malaysian Bar Council has again proven her right, of which I am indeed proud.

And Mahathir consistently refuses to accept the simple fact that Malaysians have different political identifications as rightful citizens. As far as he sees it, anyone who votes for the opposition is a bad Malaysian and less worthy, yet he ought to be told that not all who vote for Pas are religious “fanatics” and those who opt for the DAP are Chinese “chauvinists”. They simply want a government that is less corrupt, more honest and knows its limits.

My parents, for one, voted first the Barisan Sosialis Rakyat Malaya and then PAS throughout their lives, and did that make them racists or religious bigots? And how would “racists” like my parents have chosen PAS over either the MCA or the Chinese-dominated Gerakan in the first place? Can the doctor see the abject lack of logic in his view?

Simply put, Mahathir is now so paranoid and caught up with profound angst that he has lost all his senses, bent only on poisoning the minds of the Malays - young and old alike - with his race-centric rhetoric. Instead of championing greater transparency, public accountability and political integrity, he is going on an immoral crusade against anyone who simply wants to make Malaysia a better country to live in.

Which, in retrospect, was perhaps a reason why he was rejected by the colonial administration, for Mahathir just beats the British at their own game: divide and rule that is.

JOSH HONG studied politics at London Metropolitan University and the School of Oriental and African Studies, University of London. A keen watcher of domestic and international politics, he longs for a day when Malaysians will learn and master the art of self-mockery, and enjoy life to the full in spite of politicians.

What The Opposition Must Do To Win Sarawak & Sabah In GE-13

2012-05-11T05:55:00.001+08:00

To win Sarawak and Sabah in GE-13, the Opposition must promise (after the respective State Governments have also been changed) to:

1. Restore Sarawak & Sabah's Nation status as per the 18/20 Points Agreements;

2. Adhere to all the other provisions of the 18/20 Points Agreements;

3. Give back to Sarawak & Sabah full control over their petroleum resources & renegotiate what Sarawak & Sabah are willing to give to the Federal Government;

4. Allow Sarawak & Sabah to determine and control their own education, finance & taxation systems;

5. Re-designate the "Chief Minister" of each Nation as "Prime Minister";

6. Implement a system of proportionate and popular representation, by reducing the disproportions in the number of voters between each Parliamentary seat and also each State seat and whereby the Prime Minister of Malaysia as well as the Prime Ministers of Sarawak and Sabah shall be voted by the whole of the respective electorates;

7. Allow Sabah & Sarawak to establish their own Army and State Police and be responsible for their own Defence and Internal Security;

8. Allow Sarawak & Sabah full control of their own Citizenship, Customs and Immigration;

9. Implement full Borneanisation of Sarawak & Sabah's Administrative Service;

10. Give fair and full opportunities to Sarawakians and Sabahans who choose to join the Federal Diplomatic and Administrative Service;

11. Give Sarawak & Sabah the right of deciding at any time whether to secede from the Federation or not, by way of a referendum of their citizens; and

12. Give Sarawak & Sabah the right to remove the citizenships of illegal immigrants wrongfully granted by the (previous) Federal government.

This should do for a start at redressing the wrongs that have been done by Malaya to Sarawak & Sabah since the formation of Malaysia.

Let us see whether the Opposition is sincere enough in their dealings with Sarawak & Sabah to be able to make and keep such promises.

Kenapa Sarawak & Sabah Harus Keluar Malaysia

2012-05-11T03:22:00.000+08:00

How To Tell If The Illegitimate UMNO/BN Government Is A Fascist Regime

2012-05-09T23:21:00.000+08:00

From a post by Charles Thomas to the New Straight Times Malaysia Facebook Page.

The following is a checklist to determine if one is a Fascist, and the powers that be in Malaysia fits the bill, well almost. It is slowly turning into a Fascist regime. God help us all!

Def ~ Fascism - often capitalized : a political philosophy, movement, or regime (as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition.

Are you a fascist? Many people are fascists and they don’t even realize it. And sometimes, they know it all too well, but hide and deny it. Most of the time though, it’s obvious who the fascists are. For instance, you might be a fascist if…

1. You are obsessed with national power and pride and believe your country doesn’t have to follow the rules and shouldn’t ever apologize for doing things that are wrong. You think your nation can do whatever it wants.

2. You believe in the rule of the few, election rigging, political decisions being made by a select group of officials behind closed doors, embrace the informal and unregulated exercise of political power, arbitrary deprivation of civil liberties, and little tolerance for meaningful opposition.

3. You believe in survival of the fittest, an every man for himself mentality that causes you to believe that poor people and sick people are weak and must be punished. You think rich people are strong because they are wealthy and that they should rule us. You also believe your race is superior to all others.

4. You use the media as a political propaganda machine to target a specific audience and to push your agenda on others. You make sure the media demonizes your opponents and takes your side on nearly every issue. You use your propaganda machine to play on the fears of others.

5. You are obsessed with security, and war. You feed this obsession by spending trillions of dollars building up a large military force and are willing to sacrifice domestic programs your people count on to keep your military huge. You start unnecessary and costly wars and you are paranoid of other nations.

6. You are driven to indoctrinate others into your way of thinking. So much so, that you try to re-write history, change the way school children are taught and you brainwash the ignorant. You use your propaganda machine as a tool to achieve this.

7. You fear and demonize intelligent people who have a higher education because they are the ones who can thwart your effort to brainwash people. You then attempt to prevent others from achieving a higher education because you want the people as ignorant as possible so you can convince them that your way is the right way.

8. You have a deep hatred and fear of communists and you instill your followers with hatred and fear of others by accusing your political opponents of being communists. This gives you an easy scapegoat to blame when things go wrong. Any person or policy you don’t like is branded as communism.

9. You disrespect women and think their place is in the home. You believe women are weak and cannot do things that men do. You believe that sexual harassment or assault is no big deal and that the only thing women are good for is cooking meals and having babies.

10. You strongly align yourself with corporations and you support corporate money and influence in government. You despise government regulations that keep corporations honest because you believe everything should be controlled by the free market and that corporations should be allowed to do whatever they please.

11. You are obsessed with religion. You seek to declare and to impose religious laws on all the people across the country. You believe other religions are inferior and that those who practice them should either be converted or destroyed.

12. You believe your race is superior and seek to disenfranchise or humiliate other races. You believe in legalized discrimination and fantasize about a return to times when the races were separate or when those of color were enslaved. You use code words in an attempt to hide your racism and you make laws that weaken the influence of those of color. Immigration and voting laws in particular.

13. You absolutely despise unions. To you and those like you, labor unions represent the empowerment of workers. Since you believe corporations can do whatever they want, you see organized labor as a threat because they fight for higher wages, health care, safety regulations, less hours, vacations, sick days, and holidays off. This obviously threatens the amount of money corporations can give to you and your cause so you brand unions as proponents of socialism/communism and make laws that severely weaken them so that corporations can have a cheap, mindless labor force.

14. You are obsessed with crime and a major supporter of punishing those who commit crimes. So much so, that you don’t care about the concept of ‘innocent until proven guilty.’ You are proud of executing people and aren’t bothered if an innocent person is killed. You seek to make harsher laws, especially laws that target specific groups of people such as immigrants, women, and people of color. You also oppose human rights and using humane interrogation tactics and you seek to undermine the independent judiciary.

15. You believe every election should go your way and to reach that goal, you push voting laws that disenfranchise those who traditionally vote for opponents such as people of color, the elderly, college students, and the poor. You even stoop to fixing elections in some cases and complain when your opponents challenge the vote counts.

16. You believe in rewarding your friends with positions when you gain power and you reward those who support you with government contracts and money, especially corporations. You also do your best to aid your supporters in any way you can, such as repealing undesirable pieces of legislation and regulations. You often have something to gain financially from this.

17. You create scapegoats to blame when problems arise. Whether it’s communists, socialists, the West, minorities, homosexuals, the poor, foreigners, immigrants, one thing is for certain. You and your propaganda tool will blame each and every one of those groups for bad things that happen even if you were the cause of the problems in the first place.

18. You take advantage of a national disaster such as an economic collapse or an attack to demonize your opponents and push your agenda. You use these events to strike fear into the population in an attempt to scare people into voting for you and your cause. It’s all about fear and scare tactics.

How UMNO Failed Malaysia on 28th April 2012

2012-05-03T04:25:00.000+08:00

Many people failed Malaysia on Saturday — A Malaysian

May 01, 2012

MAY 1 — Tan Sri Ahmad Fuad Ismail, the Datuk Bandar of Kuala Lumpur, failed us when he forgot that he was a public servant and instead, became a servant of the ruling party of the day.

Datuk Seri Hishammuddin Hussein failed us when, even after the experience of Bersih 2.0, he oversaw, as Home Minister, the unnecessary violence wreaked on an almost wholly peaceful gathering of citizens who merely were out to state their concerns over what they see as a flawed electoral process. And to rub salt into the wound, in the aftermath, Hishammuddin sought to justify the unwarranted violence.

Datuk Seri Najib Razak failed us when as Prime Minister of all Malaysians — regardless whether they support him or not — he uttered not a squeak to ensure his flock (and as citizens, we are his flock) were facilitated in gathering peacefully to voice their concerns.

The mainstream newspapers — The Star, the New Straits Times, Berita Harian and, but of course, Utusan Malaysia — failed us yet again when they sought to justify the wrongs and entrenched their position as propagandists rather than the chroniclers of truth that they are supposed to be.

And while the police and the ruling party may want us to believe that the organisers of Bersih 3.0 also failed us, I disagree because everything that Fuad and the authorities did to prevent their citizens from gathering at Dataran Merdeka, I believe, was a formula to encourage a few hotheads to breach the barriers and they got what they wished for — an excuse to blame the organisers.

Some, like the New Straits Times, say the organisers should have taken the option of gathering at Stadium Merdeka as offered by the authorities and that would have prevented any incident. Really? Why not argue that if Fuad had allowed Dataran Merdeka as a venue, there would not have been any incidence either? But Fuad acted as if Dataran Merdeka (Independence Square) — an oxymoron after Saturday’s events — is his personal turf. Why so adamant Fuad? Independence is not only yours to savour; it is ours as well.

I have never voted for the opposition parties in my life. Now, months towards retirement age, I will ashamedly say that every election that I have been eligible to vote, I blindly marked X next to the “dacing” symbol. Yes, I had my concerns about issues. But I always felt that the Barisan Nasional was the better alternative, despite its shortcomings, despite its corruption and abuse of power, despite its authoritarian ways.

But in recent years, many a time I have looked up and asked the Almighty, is this what we deserve — a choice between bad and slightly worse? When Bersih 2.0 took to the streets in July last year, I stayed away, monitoring their progress on the news portals. I believed in their cause but I was one of the many who asked what use it would be to gather like that. Nothing will change.

But, like the many who were appalled at the way our ordinary fellow citizens were herded up like cattle and bundled into Black Marias to Pulapol and who were appalled at the way the authorities and the mainstream media tried to lie to us in subsequent days that there were only 6,000 “violent” protesters, and that they arrested a quarter of them, I decided then that I would be at Bersih 3.0. I believed then that whether things changed or not, I would be there to tell this Government, this ruling party that I have supported for more than 30 years, that I, too, want them to change things.

There have been so many accounts in cyber world of “My Bersih 3.0” experience — some heart wrenching, some angry, some bitter and some, in the spirit of all the great religions of this world — Islam, Christianity, Buddhism and Hinduism — urging forgiveness and asking us to move forward.

But this is what I saw.

I saw friends who had never shown an interest in politics coming with their wives and children to say they wanted free and fair elections, because rightly or wrongly, they believe that the electoral system is flawed. They were not there to be violent.

I saw in the narrow alleys cutting through to Lebuh Ampang, a group of young and old Muslims, praying as a Jemaah in their distinctive yellow T-shirts. They were not there to be violent.

I saw many mothers and their teenaged daughters; fathers holding up small children. They were not there to be violent.

I saw the normally reticent Chinese, many young people among them, taking to the streets — either in green “Stop Lynas” or yellow Bersih tees. I saw this refined old Malay gentleman, well dressed and in his 60s, holding on firmly to an equally distinguished looking Chinese gentleman of similar age, marching to show that they were friends united in a cause. I saw this elderly Chinese lady, caught by a skull-capped, bearded PAS Unit Amal, as she almost stumbled and fell while taking photographs. I heard him say: “Aunty, jaga-jaga sikit. Jangan jatuh…”

I saw the lawyer-type Indian gentlemen and ladies marching proudly, side by side their spouses and children, laughing and joking in between chanting “Hidup Bersih.” I saw them passing water bottles to those who did not have any; I saw them aiding the old; I saw them carrying the young; I saw — after such a long, long time, Malaysians who represent the spectrum of the Malaysia that should be, united in purpose.

None of them were there to be violent.

Many a time I choked up — like when they burst into the national anthem and despite the heat and the rush of bodies, trying to stand at attention. Like when they played around with the huge yellow balloon, pushing it from one to another, like a carnival. Like when I saw the children and fathers of different races looking out for each other, offering a tissue or a sweet, holding up umbrellas for the old. Like when this teenaged Chinese boy asked me: “Uncle, why you not wearing yellow?” Like when the old Kelantanese man — whom I knew not from Adam — spoke to me in Jalan Tuanku Abdul Rahman: “Dah make? Make dulu. Lama nak tunggu.” (Have you eaten? Better eat. It’s a long wait.)

Who, I ask myself, among them was there to be violent? To whom should we pose this question?

Tell us Tan Sri Fuad. Tell us Datuk Seri Hishammuddin. Please tell us Datuk Seri Najib and Tan Sri Muhyiddin Yassin. Please tell us Datuk Seri Rais Yatim because you, who once led unruly demonstrations when you were in Semangat 46, had so many mean things to say about us. Tell us Tun Dr Mahathir Mohamad, you who ruled us for 23 years and brooked no dissent — who among this crowd of elderly to very young, representing the 1 Malaysia you all pay lip service to, who were the violent ones out to overthrow the Government?

Perhaps there were some amongst the tens of thousands who were carried away and broke the barricades. Perhaps it’s a sign of the level of trust and confidence that people have in their Government that some believe agent provocateurs planted among the crowd started the trouble. But pray tell Datuk Seri Hishammuddin and Tan Sri Ismail Omar — what justification was there to punch, kick, tear gas and baton charge so many of us who were on our way back and were so far from the scene of the incident? Our pain and our blood are on your hands.

Barisan Nasional has not learnt from the past. They do not listen. They only want us to listen. As far as I am concerned, July 9, 2011, and April 28, 2012, made up my mind and that of my family and friends.

In a perverse way, the Barisan Nasional has achieved what it could not through its sloganeering — a growing number of Malaysians united in purpose.

That spirit, Datuk Seri Najib, you cannot break, no matter how many baton charges, how many beatings, how many tear gas canisters and how much chemical-laced water you throw at us. You know why? Because you failed us.

A Police Force Poisoned By UMNO

2012-05-03T02:37:00.000+08:00

PDRM - the armed division of Umno

S Thayaparan

8:00AM May 2, 2012

"I hate victims who respect their executioners" - Jean-Paul Sartre

"Policemen so cherish their status as keepers of the peace and protectors of the public that they have occasionally been known to beat to death those citizens or groups who question that status." - David Mamet

COMMENT The ghosts of A Kugan, Aminulrasyid Amzah, Teoh Beng Hock and a host of others (whose names go unmentioned) watch silently as Prime Minister Najib Razak proclaims the police the victims of the state sanctioned violence that they (the police) perpetrated on the Bersih 3.0 marchers on April 28.

But in a sense he is right. The police are victims. They are as much victims of the Umno regime as any other citizen of Malaysia.

I realise at this emotional post-Bersih 3.0 moment, nobody is interested in any kind of discussion about the police other than how they are the armed division of Umno, but I would like to address certain issues regarding the violence that occurred during the April 28 protest.

This should not be read as some sort of apologia for the actions of the PDRM (Royal Malaysian Police) but rather my (hopefully) informed opinion on what has been troubling many men and women who have served, and who currently serve, in the various security apparatus of this country.

As a matter of public record, I would like to state that in my opinion any police officer who can be identified as abusing any marchers should be prosecuted to the full extent of the law. They are a disgrace to the uniform, the public and finally the Agong.

On Sunday night (the day after Bersih 3.0), I received a call from an old senior police officer I knew from my Sarawak days.

"What the hell, Thaya, did you see the baby faces on parade there? What the hell were they (the government) thinking?"

We got into a long conversation and indeed I had the same conversation with many other retired and serving members of the various security forces in the country.

What amazed me the most of the police presence last Saturday was how young most of them looked. Many of my friends speculated that they looked fresh out of whatever passes for training these days.

Seeing the violence they committed in the various videos circulating on the Internet, it reminded me of schoolboys engaging in fist fights. There was no sense of any higher authority in command merely random violence targeted at anyone unlucky enough to get in their way.

Indeed, the protestors themselves seemed more organised, especially when they were shielding those unlucky police personnel who for whatever reason "accidently" rammed into them from the anger of the crowds.

Siege mentality

Having been on the other side of protest marches gives one a particular perspective when it comes to situations like this.

All military personnel receive some kind of public order training, or at least they did in my time, so I have some vague familiarity with what these men were going through. A long time ago, I too at various times in my career either stood guard or was giving the orders. The fear in their eyes was evident and so was the anger.

Wherever I went I made it a point to keep an eye on our boys in blue and sometimes even interacted with them. On numerous occasions, I realised that they had been standing still or milling about in the hot sun staring at the procession around them without having anything to drink.

One of my biggest expenses last Saturday was buying drinks for them, which they at first refused but gratefully accepted after I spoke to their commanding officer. I was extremely happy seeing that other Bersih protestors doing the same thing at various points across the city.

Understandably those I engaged with in conversation were rather tight-lipped about what they thought of this whole affair, but something deep inside me knew there was trouble brewing.

"You know how it is now. The rot started post-69 or thereabouts," an old army comrade reminded me. "It infected all the services."

I want readers to think about how police officers or any other security personnel are infected with the Umno garbage of race and religion.

Remember how non-Malays are accused of being unpatriotic because they choose not to serve in the security apparatus of this country even though institutional racism is an open secret, much like it is in the civil service.

I have no idea if there is a police equivalent of a Ridhuan Tee Abdullah teaching at whatever police training schools in operation now, but it doesn't take a genius to understand that these impressionable young minds who are supposed to be taught to serve and protect all citizens of the country are infected with that peculiar brand of Umno bigotry that excludes everyone even other Malays and Muslims if they don't subscribe to the party's ideology.

Add to this, the ranting of the two Alis (Ibrahim and Hasan) published in the racist propaganda organs of the state (which is probably the only news outlets they are exposed to) and what you get is a siege mentality acerbated by the fact that there is already an invisible line that separates security and civilian citizens.

When you are constantly indoctrinated with hate, sooner or later seeing the ‘other' as not human and not fellow citizens but rather just another threat to ‘national security' or to racial hegemony becomes part of who you are.

Imagine standing in the hot sun looking at people having fun, marching and enjoying themselves - crowds which consist of rebellious Malays and non-Malays who would wish to usurp your rightful place in the destiny of Malaysia.

Agent provocateurs

And if you think this indoctrination only affects the Malays, a former Malay Army major related to me that in a recent conversation, two Chinese and an Indian junior officers told her that Bersih was anti-government and anti-national (whatever that meant). Since she was attending, she didn't take too well to her patriotism being questioned.

And let's not forget that some protestors went out of their way to taunt the police. All that pent-up rage from both sides needed an outlet, but the difference is the police are supposed to maintain their calm in stressful situations.

Understand now that I am not claiming all the police out there are like this or that the protestors were spoiling for a fight.

Anyone who was there will tell you that the vast majority of protestors were law-abiding and peaceful participants in this process, but what they were up against was a police force poisoned by years of Umno interference.

It would not surprise me if they were agent provocateurs who were amongst the peaceful protestors. The so-called SOP (standard operating procedure) of retrieving recording devices from well, everyone, is evidence that the practitioners of the dark arts were out in full force.

But I also (and this where I will earn the scorn of Pakatan Rakyat supporters and maybe even Bersih supporters) would not be surprised if there were those within Pakatan who thought it would be a good symbolic gesture to reclaim Dataran Merdeka or at least make a go of it.

And anyone who has attended any of these demonstrations will tell there are always people who are there just for the sake of engaging in mindless violence for the sheer hell of it and were waiting for an opportunity to explode.

So there were all these elements for a perfect storm. Now of course the mainstream news organs beholden to their political masters will tell you it's all the fault of S Ambiga and Anwar Ibrahim and indeed we should all accept that in this struggle with this particular regime, scenes like this are bound to occur whenever mass protests are organised, but at the end of the day it is needed simply because if we are ever to get our police force back, to elevate them from their Umno victimhood, we need to constantly remind the regime that we are not afraid.

An old police friend asked me the other night, who I thought started the trouble. I said what I always say. In Umno I trust.

S THAYAPARAN is Commander (rtd) of Royal Malaysian Navy.

The Malayan Colonization Of Sabah (& Sarawak)

2012-04-27T11:50:00.001+08:00

The Great Malaysian Lie

2012-04-23T02:16:00.002+08:00

Important! Read till the End!!!

---------- Forwarded message ----------
From: J TAN <jimtan_udin@yahoo.com.au>
Date: Wed, Apr 18, 2012 at 7:19 AM
Subject: Re: Fwd: Independence of Malaysia
To: kc chong <kcchong2@gmail.com>
Cc: Tan Sri Bernard G Dompoh <n4upko@yahoo.com>, Johnny Joseph Tingang <gmel.com@gmail.com>, Dunstan Chan <dunstan.desee@gmail.com>

TKS No comments.Let the Natives of Sabah and Sarawak be "screwed" by the so call Malays.

Native of Malaya

From: kc chong
To:
Sent: Tuesday, 17 April 2012 6:32 AM
Subject: Fwd: Independence of Malaysia

All genuine malaysians MUST read this !!!

*******************

And let us be clear once and for all. Sarawak never JOINED Malaysia because there was no Malaysia to join in the first place. Sarawak joined Malaya and Sabah to FORM Malaysia . Never forget that. Teach it to your children...

-.....

....a copy of the Sarawak Government Almanac, .... The British gave up Sarawak on the 22nd of July, 1963 and on that day we became an independent nation. A country all of our own. Our own flag, our own anthem and even our own money! ....

There seems to be a complication in the above,

i.e. Sarawak, North Borneo and Brunei became

independent on 16 July 1963

...but the British renegade because of fierce

objection from Philippines and Indonesia.

Unlike Singapore which also became independent

about that time -- Singapore had its own govt

and prime minister -- the Borneo states were

never independent.

On Kimsoon's note below, they (British) were

forced to postpone Malaysia day by two weeks

because of serious military aggression primarily

from Indonesia and may be Philippines (it was

all British decision).

For those who are interested,

For the records, I went through all these happenings. I was a young adult at that time with no inclination towards politics. However, I vaguely remembered reading in the newspapers how the date of 16th September 1963 came about. Originally, the declaration of Malaysia was scheduled for 31st August 1963 to coincide with the anniversary date of the declaration of Independence of the Federation of Malaya (which was 31st August 1957). The reason why it was postponed was that Indonesia and the Philippines, at that time, strongly objected to the formation of Malaysia .....Indonesia threatened armed confrontation and Philippines refusing to back down from its claim to North Borneo (as Sabah was then known). To ease up tensions, the then Malayan government decided to postpone the declaration of Malaysia to 16th September 1963. Hence, the anomaly in the dates.

I have a leaflet outlining how the formation of Malaysia came about, starting with a proposal by Tunku Abdul Rahman over a press luncheon in Singapore on 27th may 1961 and the eventual formation of the Cobbold Commission to work out the details. This leaflet was pre-printed for the release of the First Day Cover stamps scheduled for 31st August 1963 (the date was actually mentioned in the leaflet) but which we all know, was postponed to 16th September 1963. The leaflet is in fine print and with age, the paper is a bit brittle. Nevertheless, I'll try to scan it into the computer and forward again to you in the near future for your information. Hopefully, this will come out all right and with that you can interpret the basis on the formation of Malaysia or at least, a summary of it.

Kimsoon

____________________________________________________________

Sent: Friday, 2 March 2012, 10:31
Subject: Independence

Sunday, August 14, 2011

It is time to stop buying into a lie.

Dear Reader,

May I be honest?

I am sad. I am sad because I am told by my government that I must celebrate the Independence Day of my country on the 31st of August. But what is so wrong about this that it makes me sad?

Let me tell you. If you don’t like dry and boring history lessons, you can leave my blog now. But if you have ten minutes to spare, read on.

The Federated States of Malaya which comprised all the nine Sultanates, Malacca and Penang were given their independence by Great Britain on the 31st of August, 1957. The photo below records the historic event. It is the iconic image of Tunku Abdul Rahman proclaiming independence for Malaya . Yes, MALAYA . Not Sarawak, not Sabah, but MALAYA . And this date became known as MERDEKA DAY. For the Federated States of MALAYA .

Then, six years later, Sarawak was given her independence. On the 22nd of July, 1963. Bet you didn’t know that the 22nd of July is an historic date for Sarawak , huh? Of course you wouldn’t. It has probably been wiped off the official history text books, or glossed over during history classes. But if you buy a copy of the Sarawak Government Almanac, it’s there in black and white. The British gave up Sarawak on the 22nd of July, 1963 and on that day we became an independent nation. A country all of our own. Our own flag, our own anthem and even our own money!

Then, fifty five days later, after the British granted her independence, Sarawak, together with Sabah, Singapore, and the Federated States of Malaya came together to form a new nation called MALAYSIA on the 16th of September. This date, the 16th of September, 1963, came to be known as MALAYSIA DAY because it was on this historic day that a brand new country was born in the world. ( Singapore got ‘kicked out’ later but Malaysian history books politely claim she decided to withdraw from the new nation. Brunei was also involved in the discussions to form Malaysia but it too decided against the idea.)

However, gradually, Malaysia Day became forgotten through, I suspect, a subtle and systematic process of brainwashing on the part of the Barisan Nasional government. More and more emphasis was placed on Merdeka Day and Malaysia Day was ignored, its significance eroded and displaced by Merdeka Day. Merdeka Day became a public holiday, and the whole country began to get caught up in celebrations come every 31st August.

Young Sarawakian school children were, and still are taught to wave flags and jump for joy come 31st August because on this date Malaysia achieved her independence. Now if you have been paying attention, you will obviously have noticed that there is a factual error in the previous sentence. Malaysia DID NOT achieve her independence on the 31st of August, 1957 simply because Malaysia had not existed yet! It was only Malaya which achieved her independence on the 31st of August, 1957; Malaysia was only formed six years AFTER Malaya achieved independence.

The date 31st of August means very little to me as a Sarawakian and yet I am told by my government to honour this date on the basis that I am a citizen of Malaysia and therefore as a proud and loyal Malaysian, I should jump and shout for joy that Malayans received their independence on the 31st of August despite the fact that I am also a Sarawakian and this date has little significance to me. This date did not affect my beloved Sarawak in any way whatsoever and has never been part of its rich history, so what is there to celebrate or what memory is there to honour and cherish for a Sarawakian? Sarawak achieved her independence on the 22nd of July but the government does not give this date any due recognition. Instead, I am to celebrate a date which has more significance for my fellow Malaysians in West Malaysia . That is why I am sad.

Malaysia Day, the 16th of September, 1963, however, means a lot to me. It was the date my beloved Sarawak became a part of a new nation, standing tall and proud in the world amongst other independent nations. Shouldn’t this date when we officially became a country take centre-stage in our history as a nation?

And yet, it was only last year that the Barisan Nasional government decided to recognise Malaysia Day and grant it ‘public holiday’ status. And only because Pakatan Rakyat ‘reminded’ the BN government. It actually took the BN government forty-seven years to recognise Malaysia Day officially!

But the question on my mind is why did the BN government try to sweep Malaysia Day under the carpet and dispatch it to the annals of history to be conveniently forgotten? And why do I suspect that there is a conspiracy going on to distort and blur the story of the formation of Malaysia ?

Let me draw your attention to the opening paragraph of a blog entry dated 15th September, 2009, by Prime Minister Dato’ Seri Najib Razak. He wrote,

“On this day (16 September) forty-six years ago, Malaysia welcomed Sabah and Sarawak as states and set out on a course toward becoming one of the leading nations in the world. I was only 10 years old when my father, Tun Abdul Razak Hussein, witnessed the historic proclamation of Sabah ’s independence in 1963, but I remember how proud he was during that momentous occasion. Sabah and Sarawak occupy a special place in my heart because of that history.”

Spot the offending sentence? “ Malaysia welcomed Sabah and Sarawak as states.” The Prime Minister of Malaysia, no less, officially writes in his official blog that Sabah and Sarawak were welcomed INTO a country called Malaysia in 1963!

Not only is this sentence factually wrong (as Malaysia was actually formed on that very day and you cannot ‘welcome’ other states into an entity which would need those very states to form it in the first place in order to welcome anything into), but it is also a blatant re-writing of history! Sabah and Sarawak were not just states of a larger country, Mr. Prime Minister; Sabah and Sarawak were INDEPENDENT COUNTRIES and EQUAL PARTNERS to Malaya !

But if you were to believe the Prime Minister writing in his blog, Sabah and Sarawak were only states that joined an already existing country! Surely the Prime Minister of Malaysia would know history and know how his own country was formed? And if he genuinely made a mistake, surely one of his many advisers and staff members would quickly alert him to the fact and correct the glaring mistake? Or did they not know too, and if so, it begs a more disturbing question: is our country being runned by incompetent people who do not know the history of their own country? Truth be told, I suspect no one made a mistake.

It is plain that history is deliberately being re-written. But why? Two glorious words: Malaysia Agreement.
The Barisan Nasional government wants us to forget that there is such a thing as the Malaysia Agreement. It wants us to forget because the Malaysia Agreement specifies very clearly that Sabah and Sarawak have certain rights and privileges enshrined in the 18-Point (Sarawak) and 20-Point ( Sabah ) Agreements respectively. Sabah and Sarawak, both independent countries, came together as equal partners with Malaya to form Malaysia with pre-conditions attached. And these pre-conditions would empower Sabah and Sarawak . Empowerment is a frightening thing to the BN. It does not like to empower anyone except itself. Now more so than ever, it needs Sabah and Sarawak to retain its majority in Parliament and cling on to power. So to give power to Sabah and Sarawak is a very frightening idea to the BN government. So what does it do? It re-writes history and hopes that Sabahans and Sarawakians forget. It teaches Sabahan and Sarawakian school children to celebrate the 31st of August as Malaysia ’s Independence Day whilst remaining deafeningly mute on the 16th of September. It uses newspapers, television and colourful parades to brainwash the masses into believing the lie that it assiduously propagates - that Malaysia gained independence on the 31st of August, 1957; when in actual fact Malaysia had not yet existed.

But all is not lost. You and I can change the situation. We can bring honour back to the 16th of September and accord it the significance it rightly deserves. More importantly, you and I can honour the Malaysia Agreement and return power to Sabah and Sarawak . Did you know that the Pakatan Rakyat has made a very important pledge to the peoples of Sabah and Sarawak ?

Respecting the position of Sabah and Sarawak as equal partners in the Malaysian Federation, and honouring previous agreements made, Pakatan Rakyat pledges to restore autonomy to Sabah and Sarawak in line with and within the framework of the Federal Constitution and the Federation Agreement.

Yes. A Pakatan Rakyat government will honour the Malaysia Agreement. (The Federation Agreement is basically the Malaysia Agreement.) This pledge is contained in the Buku Jingga, the book of policy pledges by the Pakatan Rakyat. You can download the Buku Jingga in English HERE. If you, like me, love Sarawak and want to see her powers and status as an equal partner restored, you will know what to do come the 13th General Election.

Back to the Prime Minister’s blog entry, which you can read HERE. If you continue reading the blog entry, you will see that the whole purpose of the entry was to appease Sabahans and Sarawakians. Wasn’t it ironic that in trying to appease us, he actually made us feel even more displeased, thinking us illiterate idiots with short memories?

So when is our nation Malaysia ’s Independence Day? There simply isn’t one. Our nation Malaysia never achieved independence. Our nation Malaysia was born out of the coming together of three individual nations already independent BEFORE they formed Malaysia .

And let us be clear once and for all. Sarawak never JOINED Malaysia because there was no Malaysia to join in the first place. Sarawak joined Malaya and Sabah to FORM Malaysia . Never forget that. Teach it to your children.

I will fly my Jalur Gemilang proudly on the 16th of September. Not on the 31st of August. It is time to stop buying into a lie.

P.S. If the Barisan Nasional is genuinely not guilty of subtle and systematic brainwashing and never willfully schemed to displace Malaysia Day with Merdeka Day (and my entire argument about the insidious plot to wipe the Malaysia Agreement from memory is therefore in tatters), then the Barisan Nasional is guilty of a far graver and greater sin - absolute and unadulterated ARROGANCE; the significance of Malaya’s independence far outweighs that of Malaysia’s formation and birth and to hell with what Sabah or Sarawak might think. And that means we’re well and truly screwed.

Posted by Vernon Kedit at 12:42 AM

A BN Win In GE-13 Will Be Illegitimate

2012-04-21T15:00:00.000+08:00

BN trump card: 'First past the post' guarantee

Paraman VS
12:53PM Apr 21, 2012

(As usual, comments by Sarawak Headhunter in red)

COMMENT Malaysia (purportedly) practises democracy. Its elections are conducted in a manner popularly known as 'first past the post', meaning that the polls are won by a candidate with the most votes.

The winning candidate does not necessarily need to receive an absolute majority of all votes cast.

BN is one of the world's longest uninterruptedly elected coalition of political parties ruling a country. Its rule over Malaysia is now entering the sixth decade.

The opposition parties and its leaders have long complained that BN has been practising unfair and illegal methods in most of the polls, to assure victory and consolidate their power. However, it is only after 2008 that more light is being shed on the crooked ways that BN appears to be employing to win at all costs in the looming elections. In more ways than one, the distance in the race to the post for a BN victory appears to be getting shorter by the day at the expense of the opposition. From the expert analysis of many political scientists such as Wong Chin Huat and Ong Kian Ming as well as electoral reform coalition Bersih and civil society action group TindakMalaysia, a clearer picture is beginning to unveil - the GE13 is going to go down in the nation's history as the dirtiest elections ever.

Public funds origin ignored

The usual dirty tactics as always remain. BN being the ruling government is accused of controlling the mainstream media like the national television and radio broadcasts as well as the newspapers. Claims of federal money being utilised to fund their political campaigns, government machinery and facilities being abused, civil servants being bullied to assist are serial complaints from the opposition.

In Sarawak, BN candidates even make use of helicopters allocated for the EC and paid out of public funds. The EC doesn't need or use as many helicopters as it purportedly does for elections in Sarawak. Abuse of government machinery and public funds is nothing new to BN in Sarawak.

What is even more alarming is the revelation of the elaborate methods being employed to dilute the power of the legitimate voters in this country. First, is the outright rigging methods which include vote buying, ballot stuffing and counting/tabulation frauds. Second, is the rigging through the electoral roll. This is done by three methods:

Inclusion of non-voters - the phantom voters. This includes dead people voting, non-resident, non-existent voters (cloning) and foreigners being given citizenship/MyKads;

Exclusion of legitimate voters omitted directly from the electoral roll;

Redelineation of constituencies: by altering the size and boundary of the electorate, one can affect the power of the ballot. Recently the EC had been doing this under the 'border correction exercise' term.

The count of registered voters who number more than 50, sharing a same address is 1,262.

The number of new voters who have been 'registering' since BN lost its two-thirds majority in the last GE is nothing short of spectacular.

As of Dec 31, 2011, 12,595,268 Malaysians have registered as qualified voters.

This sudden feverish spurt of 'voter enlightenment' appears to show Selangor as its epicentre.

Selangor registered 340,000 new voters since the last GE, which is a 21.8% rise compared with the national average of 16.3% in voter registration.

Ong Kian Ming highlights that history appears to be repeating itself as the two states Sabah (after the 1990 elections) and Terengganu (after the 1999 polls) saw a sudden jump in the number of voters in the electoral roll after the BN loss.

Subsequently in the following GEs, miraculously the BN returned to power in spectacular fashion.

In 2011, the National Institute for Democracy and Electoral Integrity (NIEI), Centre for Independent Journalism (CIJ) and Merdeka Centre conducted a national voter registration audit.

The main purpose was to assess the accuracy and completeness of the electoral rolls.

A total of 1,177 ordinary voters were randomly sampled from 60 parliamentary constituencies.

The key findings indicated that 8% of these voters live at invalid addresses.

About 26% of these voters are unrecognisable voters, meaning they could not be recognised by a neighbour or local resident.

In short, these voters' identities may not be valid. Only 31% of them were living in their stated addresses.
Playing pucks with EC roll

The high number of non-resident voters is a major concern and poses an unhealthy practice of democracy as per our 'first past the post' system that is especially designed to provide for actual residents to elect their representatives in accordance with the local needs as per the knowledge and issues faced by the local residents.

Malaysian Electoral Roll Analysis Project (Merap) detected around 100,000 problematic names based on 10 issues.

Ong Kian Ming states if this number is added with other previously highlighted issues, it would be easily mount to over 400,000 dubious voters and that, too, is only the tip of the iceberg.

There are also a further 42,051 voters on the electoral roll whose IC numbers could not be detected in the National Registration Department (NRD) database.

Strangely Election Commission (EC) chief Abdul Aziz Mohd Yusof (far right) finds this trivial as it only amounts to 0.3% of the master electoral roll of 12.6 million voters.

It is a wonder if the EC chief could find anyone who is 0.3% pregnant in this world. One can either be pregnant or not and in this case the electoral roll must be viewed as "dirty" and nothing less.

Even more hilarious is 42,000 out of 12.6 million is actually 0.003% and not 0.3% as he had stated. Perhaps decimals are not a big issue to the EC.

Another mind-boggling issue is that in the voter registration audit report, it is clearly stated that the EC had given the total number of registered voters as of March 31, 2011 as 12,032,467. How is that so?

Bersih had also unearthed more instances of fraud in the latest electoral roll.

It appears that there are 24,105 voters in Sabah and Sarawak who have been allegedly re-registered in Selangor. (Migrants from Sarawak and Sabah perhaps?)

Its steering committee claimed that 15,520 Sabah and 8,585 Sarawak voters had been registered twice in Selangor in the latest updated electoral roll until first quarter of 2012.

The Selangor State Government is perfectly right in wanting to do an in-depth study of the highly-likely tainted state electoral roll and to have separate elections from the federal elections, notwithstanding the EC's unsubtle threats that separate elections could cost RM30 million more that the state would have to cough out if the Federal Government had no more allocations of funds.

The Selangor State and its people would stand to lose tens if not hundreds of billions more should they allow a corrupt and illegitimate BN regime to regain control of the state through illegal means.

ALL Pakatan Rakyat-controlled states would do well to consider this notwithstanding the costs.

It would be a great pity if the BN could so cheaply continue to rob the people of not only a legitimate electoral victory but also of the resources and wealth that is rightfully the people's and not the BN's.

Should BN win again this time (beyond a doubt illegally), the scale of the looting and pillaging will be unprecedented and open and the people will be stripped and raped in broad daylight of whatever little decency they have left.

Backdoor postal voters

Another alarming development that is brewing is the BN government appears to be rushing to pass the Rela Act in Parliament.

The first reading has been submitted and among the subjects one states 'allowing Rela members to assist any security force or authority established under written law upon the latter's request'.

Some are wondering if this is a backdoor method to eventually register the over two million strong Rela members or even a part of them as postal voters.

After all, there is a provision in postal voter regulation 3(f) which empowers the EC to designate any group as postal voter through the gazette.

Looking at all these issues from a macro point of view, it appears that the BN is very determined to win the 13th GE and is willing to go to whatever extent to do so (and using the people's own money to do it).

This time however, cases of abuse will be well-documented with video and photographic evidence that cannot be ignored both in the court of law as well as public opinion. If the BN manages to come to power again this time, it will not only be but be seen to be an illegitimate regime against which all means of unseating it will be legitimate.

Pakatan Rakyat's chances of coming to power are looking slimmer even though the crowds that are turning up at their ceramah are swelling.

In a free and fair elections, it is my personal opinion that Pakatan will win hands down, but in a polls that one has 'first past the BN's post' rule, Pakatan would require a perfect storm of the unity and support of all races in Malaysia to do so.

DR PARAMAN VS is a general practitioner by profession. Just entering into his fifth decade of life, he regretfully admits to having exercised his right to vote only once - which was in the last general election. He drove 200km to do so. His wish is that the millions of Malaysians who have yet to register as voters will do so, soonest possible. He can be reached at paramanvs@yahoo.com.sg