UMNO MT suspends TS Muhyiddin as Deputy Umno President

The inevitable finally happened, MT Umno suspended its Deputy President:

Muhyiddin: No show-cause letter was issued and I was immediately punished

TSMY did actually went on FB and wrote this blockbuster:

Muhyiddin Yassin

Yesterday at 9:41am · 

KENYATAAN YB TAN SRI DATO’ HJ MUHYIDDIN HJ MOHD YASSIN

Majlis Tertinggi UMNO memutuskan untuk menggantung saya daripada jawatan Timbalan Presiden. Keputusan ini telah saya jangka. Ia bukan satu perkara yang mengejutkan.

Sejak saya digugurkan daripada kabinet, saya telah dihalang daripada menjalankan tugas sebagai Timbalan Presiden. Saya disekat daripada menghadiri program-program parti. Majlis parti yang dianjurkan untuk saya diarahkan supaya dibatalkan. Ahli-ahli parti yang menyokong saya diugut. Malah, buat pertama kali dalam sejarah, seorang Timbalan Presiden dihalang daripada berucap dalam perhimpunan agung.

Sepanjang enam tahun saya memegang jawatan Timbalan Presiden, saya tidak pernah mengabaikan tugas dan tanggungjawab saya membantu Presiden. Saya mengetuai jentera pilihanraya BN dalam setiap kali pilihanraya kecil atau pilihanraya umum dan bekerja keras untuk memastikan kemenangan BN. Dengan kemenangan itulah, maka Presiden selaku ketua parti kekal menjadi Perdana Menteri. Tidakkah itu bermakna saya membantu Presiden?

Saya juga melakukan tugas-tugas lain seperti mempengurusikan mesyuarat pengurusan UMNO, mesyuarat pengurusan BN, menyelesaikan masalah-masalah parti, memantapkan jentera pilihanraya, turun ke bahagian-bahagian dan tugas-tugas untuk memastikan kesempurnaan perjalanan parti. Ini bermakna saya telah membantu Presiden dalam mentadbir dan mengurus parti.

Saya juga bertanggungjawab menyampaikan pandangan dan keluhan ahli-ahli kepada Presiden serta menegur Presiden jika dia melakukan tindakan yang menjejaskan kepentingan UMNO. Inilah yang saya lakukan apabila saya menegur Presiden berhubung pembabitannya dalam skandal 1MDB dan derma RM2.6 billion.

Semua ini saya lakukan dengan niat untuk memastikan kesempurnaan perjalanan parti dan mengembalikan kepimpinan UMNO ke landasan yang betul supaya UMNO terus diterima oleh rakyat. Tetapi saya telah dihukum kerana kononnya saya tidak membantu Presiden.

Adakah membantu Presiden itu bermaksud menyokong Presiden secara membuta-tuli termasuk mempertahankan kesalahannya? Saya tidak fikir begitu. Jika Datuk Seri Najib melakukan kesalahan, maka wajib bagi saya dan yang lain-lain di dalam UMNO menegurnya dan meminta dia memperbetulkan kesilapannya demi kebaikan parti. Jika dia berterusan melakukan kesilapan, dan semua orang di dalam UMNO bersekongkol mempertahankan kesilapannya, maka kesan buruk akan terpalit kepada UMNO.

Hari ini tercatat dalam lipatan sejarah UMNO, seorang Timbalan Presiden yang dipilih dalam pemilihan parti digantung daripada jawatannya oleh MT semata-mata kerana tindakannya menegur Presiden. Nampaknya, kuasa MT mengatasi suara ahli-ahli parti yang memilih saya sebagai Timbalan Presiden.

Ketika pindaan perlembagaan UMNO dibuat untuk membolehkan ahli-ahli di akar umbi memilih pemimpin utama parti, UMNO dicanang sebagai sebuah parti yang paling demokratik di negara ini. Tidak ada mana-mana parti di Malaysia yang membuka ruang seluas-luasnya kepada lebih 140,000 perwakilan dari seluruh negara memilih pemimpin-pemimpin utama parti.

Namun, keputusan MT hari ini langsung tidak memperlihatkan UMNO sebagai sebuah parti yang demokratik. Suara majoriti ahli, malah majoriti rakyat, diketepikan dengan sewenang-wenangnya oleh MT semata-mata untuk mempertahankan seorang individu yang terpalit dalam skandal rasuah dan penyelewengan yang amat memalukan.

MT gagal menangani krisis kepimpinan parti yang berpunca daripada penglibatan Najib dalam skandal IMDB dan derma RM2.6 bilion yang tidak dijelaskan dengan sepenuhnya oleh beliau. MT tidak berani bertanya Najib jika benar RM2.6 bilion itu wang parti, kemana perginya wang itu selepas akaun ditutup pada 2013. MT juga tidak bersedia bertanya Najib mengenai tuduhan wang SRC International berjumlah RM42 juta yang masuk ke dalam akaun Najib. Skandal yang menyelubungi Najib telah memberi imej yang amat teruk kepada parti, kerajaan dan memalukan rakyat.

Mengenai wang yang dikatakan masuk ke akaun peribadi Najib dari SRC International, saya diberitahu mengenainya oleh mantan Peguam Negara sendiri beserta dengan buktinya sekali yang sah merupakan suatu perbuatan jenayah! Saya beristighfar!

Yang terbabit dalam skandal 1MDB dan derma RM2.6 bilion bukan saya, tetapi Najib. Yang menerima RM42 juta duit SRC International bukan saya, tetapi Najib. Yang disiasat oleh Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) dan berhadapan dengan risiko pendakwaan jenayah bukan saya, tetapi Najib. Yang ditolak oleh sebahagian besar rakyat bukan saya, tetapi Najib. Yang menjadi punca segala masalah UMNO hari ini bukan saya, tetapi Najib. Peliknya, yang digantung adalah saya, manakala Najib terus bersenang-lenang menikmati kuasa jawatan dan wang yang ada padanya.

MT lebih mementingkan soal teknikal dalam mengambil tindakan terhadap diri saya daripada meneliti kandungan ucapan-ucapan saya yang mempunyai implikasi jauh lebih besar terhadap masa depan UMNO dan negara.

Malah MT juga tidak mengikut prosedur tatatertib. Saya tidak diberikan surat tunjuk sebab dan tempoh masa untuk membela diri. Saya tidak dihadapkan ke Lembaga Disiplin untuk membolehkan lembaga membuat perakuan kepada MT. Ahli biasa pun diberikan peluang untuk membela diri sedangkan saya terus dihukum. Nampaknya MT tidak sabar-sabar untuk menggantung saya. Walau bagaimanapun, saya tidak akan merayu.

Mungkin ramai yang tidak mengetahui bahawa pada peringkat awalnya, beberapa pemimpin utama UMNO datang menemui saya mengadu hal mengenai pelbagai skandal yang menyelubungi Najib dan isterinya. Mereka meminta saya melalukan sesuatu untuk memperbetulkan keadaan. Mereka bimbang UMNO akan ditolak oleh rakyat jika Najib terus memimpin parti.

Saya katakan kepada mereka bahawa saya tidak boleh memperbetulkan keadaan secara bersendirian. Saya cadangkan supaya mereka bersama-sama secara kolektif menasihati Najib. Mudah-mudahan dia bersedia untuk memperbaiki kesilapannya demi menyelamatkan UMNO dan negara. Malangnya, mereka tidak berani menasihati Najib.

Akhirnya, apabila keadaan bertambah teruk saya mengambil tanggungjawab untuk menegur Najib dalam pertemuan empat mata bersamanya, dalam mesyuarat kabinet, mesyuarat MT dan kemudiannya dalam platform parti secara terbuka. Apabila saya mula bersuara, orang-orang yang sebelumnya datang menemui saya mula menjauhkan diri daripada saya. Hari ini, orang-orang inilah yang paling lantang mengecam saya.

Saya tidak berduka dengan apa yang terjadi kepada diri saya. Namun saya berasa jengkel. Apa sudah jadi dengan sistem nilai di dalam UMNO? Telah terhapuskah nilai-nilai kejujuran, keikhlasan dan keberanian untuk menyatakan yang hak dan menentang yang batil? Telah leburkah semangat perjuangan dalam diri pemimpin UMNO? Atau, apakah yang bermaharajalela hanyalah nafsu kuasa yang penuh muslihat dan tipu daya?

Barangkali sistem nilai dalam UMNO telah punah. Mereka yang berkepentingan tidak lagi dapat membezakan mana yang benar dan mana yang salah. Yang diutamakan bukanlah matlamat asal perjuangan parti, tetapi kepentingan diri. Akibat daripada ini UMNO akan rosak dan ditolak oleh rakyat.

Hari demi hari, kredibiliti dan imej negara juga semakin terjejas. Keadaan ekonomi semakin tidak menentu, rakyat dihimpit masalah kos sara hidup yang semakin meningkat manakala ruang demokrasi dan kebebasan semakin tertutup. Mereka yang lantang mengkritik Najib ditahan di bawah undang-undang keselamatan, portal berita atas talian disekat dan suara-suara yang menentang ditekan dengan pelbagai ugutan.

Najib juga sedang mengukuhkan kuasanya. Peguam Negara memberikan alasan paling tidak munasabah untuk menolak pendakwaan ke atas Najib walaupun mempunyai bukti yang kukuh. Hanya kerana dilantik oleh Yang Di-Pertuan Agong atas nasihat Perdana Menteri, Peguam Negara tidak berani mendakwa Najib. Institusi seperti SPRM dan Bank Negara tidak dapat berfungsi dengan sempurna kerana ditekan oleh mereka yang berkuasa. Akta Majlis Keselamatan Negara pula digubal untuk memberi kuasa kepada Perdana Menteri mengisytiharkan kawasan keselamatan yang impaknya sama seperti pengisytiharan darurat.

Dalam menghadapi kemarahan rakyat terhadap kepimpinannya, Najib menggunakan segalakuasa yang ada padanya untuk menekan suara yang menentang dan mendiamkan pengkritik. Kita sebenarnya sedang menyaksikan keruntuhan institusi demokrasi dan kemunculan seorang diktator baharu.

Saya akan terus bersuara untuk menegakkan kebenaran dan menuntut reformasi institusi (institutional reform) yang lebih menyeluruh. Kuasa Perdana Menteri untuk menasihati Yang Di-Pertuan Agong dalam pelantikan dan pelucutan jawatan Peguam Negara mesti dihadkan. Oleh kerana Yang Di-Pertuan Agong dalam menjalankan kuasanya di bawah Perlembagaan bertindak atas nasihat Perdana Menteri, maka sesiapa sahaja yang menjadi Perdana Menteri boleh terlepas daripada pendakwaan jenayah dengan hanya menasihati Yang Di-Pertuan Agong supaya melucutkan jawatan Peguam Negara.

Jika Peguam Negara bukan seorang yang berani, maka Perdana Menteri akan menjadi seorang yang amat berkuasa dan kebal di sisi undang-undang. Dia boleh dengan sewenang-wenangnya melakukan apa sahaja jenayah dan terlepas daripada sebarang hukuman. Ini bukanlah sesuatu yang adil malah amat bertentangan dengan prinsip bahawa semua orang adalah sama rata di sisi undang-undang.

Selain itu, Jabatan Peguam Negara, SPRM, Bank Negara dan Polis Di-Raja Malaysia mesti dipastikan bebas untuk menjalankan fungsi masing-masing tanpa diganggu-gugat oleh sesiapapun. Peranan mereka di bawah Perlembagaan dan undang-undang negara mesti diperkukuhkan. Kuasa Perdana Menteri dalam pelantikan ketua-ketua agensi ini mesti dihadkan untuk membolehkan mereka bertindak secara bebas dan telus.

Saya fikir, episod hitam yang berlaku di Malaysia sedang mematangkan kita. Jika kita mahu melihat Malaysia kembali menjadi sebuah negara yang dihormati dan rakyat menikmati kehidupan yang lebih sejahtera, maka kita mestilah bersedia untuk bersama-sama menuntut perubahan. Ia bukan sekadar mendesak Perdana Menteri supaya berundur, tetapi menolak institusi politik yang telah gagal dalam memenuhi aspirasi rakyat. Ketepikan sentimen kaum, agama dan ideologi untuk membentuk suatu konsensus atau muafakat rakyat ke arah mewujudkan sebuah kerajaan yang adil, amanah dan berintegriti.

Saya menghargai semua pihak yang menyatakan sokongan untuk terus berjuang bersama saya. Datuk Seri Shafie Apdal dan Datuk Seri Mukhriz Mahathir telah lebih awal menyatakan sokongan kepada saya. Kepada kedua-dua mereka saya ucapkan terima kasih. Kepada pemimpin akar umbi UMNO terutamanya Gabungan Ketua Cawangan Malaysia (GKCM) yang berani berkata benar saya ucapkan tahniah. Saya juga amat menghargai pendirian UMNO Pagoh yang tidak gentar mengharungi badai gelombang bersama saya. Marilah kita terus berjuang!

Rakyat mesti bangkit untuk menentang kezaliman dan kemungkaran. Selamatkanlah Malaysia. Saya bersedia untuk bersama-sama anda dalam perjuangan ini. Jangan takut kerana yang Maha Berkuasa ialah Allah s.w.t.

Allahu Akbar!

MUHYIDDIN YASSIN

27 Februari 2016

I have no further comments except I wish TSMY best of luck in his endeavors. Takbir. 

Additional Read:

Is Azalina seriously suggesting that Muhyiddin should lodge a police report that when he was DPM, he had been informed by Gani Patail, then Attorney-General, that Prime Minister Najib had committed a criminal act?

Muhyiddin tidak lagi Timbalan Presiden, Zahid memangku

Kesabaran Muhyiddin ada hadnya juga, alang-alang lambakkan semua

Najib dan barisan pimpinan berjiwa fakir

Zaid Ibrahim says it best:

Azalina,don't try to scare off Tan Sri Muhiyuddin with OSA stuff. You advise PM / Cabinet that suppression of a crime is serious matter #fb

— Zaid Ibrahim (@zaidibrahim) February 27, 2016

MCMC has no power to block TMI?

From the Malay Mail:

MCMC has no power to block TMI, lawyers say

KUALA LUMPUR, Feb 26 ― The Communications and Multimedia Act 1998 does not empower the government to block access to news portal The Malaysian Insider (TMI), lawyers said.

Civil liberties lawyer Syahredzan Johan said that Section 233 of the Act, which the Malaysian Communications and Multimedia Commission (MCMC) accused TMI of breaching, merely created an offence, which was the improper use of network facilities or services.

“If someone has committed an offence under Section 233, they should be brought to court. The court will then decide if they are guilty, not the MCMC,” Syahredzan wrote on his Facebook page yesterday.

“MCMC cannot, on its own, decide if there was an offence or a violation of the said Section, and then act by blocking access to the TMI news portal,” he added.

MCMC did not specify how exactly TMI purportedly violated Section 233 and merely told news portals yesterday not to publish unverified news.

The police later said this morning that the TMI chief editor would be called in for questioning over a news report on a Malaysian Anti-Corruption Commission (MACC) panel, but did not specify which one.

Tan Sri Hamid Bugo, former chairman of the MACC Operations Review Panel, and another ex-member issued a statement yesterday rejecting a TMI report that cited an anonymous source, who claimed the panel said there was enough evidence to prosecute the prime minister. The current term of the panel expired Wednesday.

Lawyer Andy Yong, who is also Gerakan deputy national youth chief, said there was nothing in Section 263(2) of the Communications and Multimedia Act that gave MCMC the power to block access to an online news portal or a website pending investigations.

“There is also a grey area in the law as whose power to order such block access, ie lie with the Commission or Minister?

“Broad and no specific interpretation may lead to unjust or abuse by MCMC. There is no charge by prosecution (as of now). MCMC should have [applied] to [the] court for an order to block access or an injunction instead,” said Yong in a statement today.

PKR and the DAP have also issued statements condemning the block of the news website.

“This is yet another case of reckless abuse of executive power in a long line of constitutional violations by the government in a systematic campaign to cower independent news organisations into submission,” said PKR deputy president Datuk Seri Azmin Ali.

DAP parliamentary leader Lim Kit Siang said: “The government has a plethora of laws against internet abuse and the ban on The Malaysian Insider is completely unjustifiable, especially as the news portal had not received any prior notice of the ban”.

Me thinks:

MCMC has no power to block TMI, lawyers say https://t.co/VgBeilR6Tq

perhaps TMI owners shd take matter to Court to decide to block or not?

— eddydaud. (@eddydaud) February 26, 2016

Read more:

Dr M: TMI block shows Malaysia becoming a dictatorship like North Korea 

Confusion reign?

Updated at 9.00pm:

MACC ORP Panel denies saying it had "enough proof to charge Najib over SRC" as reported by The Malaysian Insider pic.twitter.com/2f9ahTDARu

— BERNAMA (@bernamadotcom) February 25, 2016

Hope the MACC, the ORP Panel and the TMI will get their story straight, you are dealing with an already confused public lah. TMI should also apologise to the PM and the public if they got their story wrong.

Original Post:
For the record From the TMI:

Enough proof to charge Najib over SRC, says MACC oversight committee

...and this is the SPRM Media release soon after:

My thots:

No comments lah. See what happens.

English not the only language of science – Professor Wan Ramli Wan Daud

Must give chance to hear opposing views on English as language of science, definitely as Professor and a world-ranked scientist at the top of  his field as attested by Thomson Reuters’ World’s Most Influential Scientific Minds 2016, and as a professor in chemical engineering for 36 years at Universiti Kebangsaan Malaysia (UKM) Professor Wan Ramli Wan Daud's view must be heard. 

English not the only language of science

Since my name was mentioned in the letter "A common medium" (The Star, February 18) by Datin Noor Azimah on the Dual Language Programme (DLP), I would like to respond to some of the issues raised by her on why we should continue the DLP.

First of all, I beg to differ with Noor Azimah’s notion that English is the only language of science. All her arguments about the dominance of English in scientific communications merely show that English has become the de facto communication language of science but not the only language in which established science could be taught and new science could be discovered.

Major scientific discoveries of the 20th century such as the relativity theory of Einstein that has enhanced our understanding of the huge expanse of space in the universe and the quantum theory of Heisenberg and Bohr that let us understand properties of the very tiny nanoscale structures and of atoms, were discovered in German, the language of the discoverers and not in English.

Both theories underlie almost all subsequent scientific discoveries including the very recent discovery of gravitational waves by Ligo that vindicated Einstein’s Relativity.

According to the Princeton historian of science, professor Michael Godin in his new book, "Scientific Babel", English became the dominant language of scientific communication only recently, in the last 60 years, at the expense of the previous triumvirate of scientific communication languages, English, French and German.

The Anglicisation of scientific communication started much earlier by the boycott of German scientists by Western European and US scientists who published in French and English in between the World Wars.

German science was further decimated by the defeat in the Second World War and many German scientists were brought over to work for the US and to use English in their work.

The dominance of the United Kingdom and US publishers in scientific publications after the war squeezed out French as a scientific communication language and literally forced the English language down the throat of the scientific community, who otherwise would have continued to publish in either German, French or English as was the practice before the war.

As a world-ranked scientist at the top of my own field as attested by Thomson Reuters’ World’s Most Influential Scientific Minds 2016, and as a professor in chemical engineering for 36 years at Universiti Kebangsaan Malaysia (UKM), I have taught many generations of Malaysian chemical engineers in Bahasa Melayu and have supervised successfully many MSc and PhD students, who used Bahasa Melayu in the practice of world class science in UKM’s labs and in the reporting of the scientific results in their thesis.

External examiners from other universities in Malaysia were amazed and surprised but enthusiastic that world class science could be done and reported in Bahasa Melayu very well. The students then rewrote their research results in English for publication in world renowned journals.

Hence, English does not contribute anything to the science but merely as translations or rewrites of it. Since the MSc and PhD students are among the brightest of the lot, they have no problem in communicating their scientific results in Bahasa Melayu or English at international conferences with confidence because their scientific works are world class.

Renowned scientists look for the science not the language in their presentations and papers because scientific talent is rare and far between whereas the language of communication can be easily learned on the job.

Their scientific education in Bahasa Melayu at UKM did not prevent many of my students from going on to become successful professional engineers in industry and excellent lecturers and world class scientists with many of them becoming professors and world leaders in their fields of research.

One of them in particular, professor Dr Siti Kartom Kamarudin, a true blue alumnus of UKM who graduated from UKM with BEng, MSc and PhD all in Bahasa Melayu, is also sharing the same accolade with me as one of the World’s Most Influential Scientific Minds 2016.

The Malaysian PhD candidate at Glasgow University from the International Islamic University Malaysia, Hafizah Noor Isa who was involved in the seminal detection of gravitational waves recently, was taught science in Bahasa Melayu in primary and secondary school. Her Bahasa Melayu background does not impair her ability to do world class science at all.

I am sure this is also true for many science and mathematics teachers and professors all over the country, who have taught tens of thousands of students, science and mathematics in Bahasa Melayu before PPSMI, and whose students have become very successful in their chosen fields.

The fact that we have produced so many successful professors, engineers, medical doctors and scientists varying in age from 25 to 55 years old, who were taught science and mathematics in Bahasa Melayu before the PPSMI speaks volumes for itself. The logic that if only one is taught science and mathematics in English then one would be more successful in later life is a fallacy.

If this were to be true, then no Japanese, Korean and now Chinese technopreneurs would have succeeded as they apparently had with world-class brands without learning science and mathematics in English in their schools and universities.

Learning English through science and mathematics, I am sure every educator worth his salt agrees, is not the most appropriate way of learning a language. There is no evidence whatsoever that English proficiency is increased if English is used to teach science and mathematics.

On the other hand, there is abundant evidence to the contrary. The disastrous PISA and TIMMS results of 2012 where Malaysian students were behind other non-English speaking countries clearly demonstrated the failure of PPSMI because the Malaysian students who took the test were taught science and mathematics in English under the PPSMI.

Vietnamese students who were weaker in English fared a lot better than Malaysian students who were better in English. Why do we want to resurrect a programme that has clearly failed spectacularly? If the objective is to be proficient in English, then the right way to achieve it is to strengthen the teaching of the language by having better ways of teaching it in schools.

The Education Ministry should review the way English is taught and find ways and means to improve it, rather than rehashing the failed PPSMI in the guise of the DLP.

I think many people like Noor Azimah who wrote passionately about the DLP issue neglect to tell us or probably do not know the kind of science and mathematics learnt by our children in schools all over the world.

Science and mathematics taught in schools are established scientific and mathematical knowledge that have been accepted by consensus of most scientists and mathematicians at that point of history. It should not be confused with new cutting-edge science and technology that a scientist and a professor like me has to deal with every day in my scientific work.

Established science and mathematics change very slowly because new scientific discoveries that would become established knowledge is rare and far between.

On the other hand, cutting-edge science changes rapidly as new theories are being postulated to explain newly discovered phenomena, which are accepted or discarded after undergoing rigorous scrutiny by the scientific community. There is no need for our children in schools to learn cutting-edge science because understanding it requires the scientific knowledge of a professor.

Not many people know that established science and mathematics have already been translated into Bahasa Melayu in numerous textbooks for primary and secondary schools as well as for universities published by Dewan Bahasa dan Pustaka (DBP) and the premier universities, Universiti Malaya, UKM, Universiti Sains Malaysia,Universiti Teknologi Malaysia and Universiti Putra Malaysia over the past 40 years.

All scientific terms in all fields are already available at the Persuratan Melayu web page of the DBP. Our children can easily gain scientific knowledge by reading them.

Even fewer know that the discovery of new cutting-edge science and mathematics in Bahasa Melayu is growing at the international level over the last few years with the indexing of bi-lingual Bahasa Melayu-English scientific journals such as Sains Malaysiana by major international scientific journal indexing services such as the ISI and Scopus! Now scientists from all over the world can access cutting-edge scientific knowledge in Bahasa Melayu.

The whole idea of learning science and mathematics in the mother tongue is not only simply about language patriotism as has been alleged by Noor Azimah elsewhere.

The central issue lies deeper than mere patriotism. It is more about being able to create new scientific knowledge from a deeper understanding of science and mathematics, which can only be achieved by learning it in the mother tongue.

I am sure we are all familiar with the history of how both the great Islamic and the European civilisations first translated and then independently created scientific and mathematical knowledge of their own in their own languages.

No country in the world that is ahead in science and technology ever teaches its children science and technology in a foreign language. – February 24, 2016.

Solid rock Fantastic argument on using one's mother tongue to learn science and mathematics. How could any sensible person argue with the good Professor on the above article?

I a mere engineer could not.

In fact Professor Wan Ramli and other eminent scientists and engineers like him should be sought by MOE officials for their views long time ago. Perhaps a balance can be found between the DLP which is voluntary in nature with the current school syllabus.

Orang Malaysia Boleh.

Tuan Ibrahim Tuan Man-a forceful but polite politician..looks like a competent and honest leader too

I am beginning to like the Deputy PAS President, forceful yet polite: 

From TMI: PAS tells Najib, Apandi, to act on rulers’ recommendations on NSC Bill

The prime minister and the attorney-general (A-G) must heed the Malay Rulers' call to refine the National Security Council (NSC) Bill which has been criticised for placing “emergency-like” powers in the hands of the executive, PAS deputy president Tuan Ibrahim Tuan Man said.

He reminded A-G Tan Sri Apandi Ali of his statement that he would reevaluate certain sections of the bill, while Prime Minister Datuk Seri Najib Razak had said that he took heed of the recommendations by the Malay rulers.
“So we hope the PM and A-G do not use the silence tactic and conveniently forget about the recommendation by the Conference of Rulers,” Tuan Ibrahim said in a statement today.

Last week, the The Conference of Rulers' said some provisions in the NSC Bill should be refined.

The royal council said this after Apandi gave a briefing on the NSC Bill at the 240th meeting of the Conference of Rulers at Istana Negara.

The Bill, which was passed by the Dewan Rakyat on December 3 and the Dewan Negara on December 22, provides special powers to the operations director and security forces to control and coordinate national security operations.

PAS also requested that the rulers urge the A-G to reconsider his decision not to take any action over the Malaysian Anti-Corruption Commission's (MACC) investigations into the RM2.6 billion that went into the prime minister's personal account and into SRC International.

“This issue is still important as the questions demanded by the people remain unanswered, as to whether MACC has cleared the PM of any wrongdoing or whether the A-G himself made a different decision from that recommended by MACC in its probe.

“If MACC had recommended for the PM to be charged, what is the excuse of the A-G in deciding not to?” Tuan Ibrahim asked. – February 22, 2016.

Hope Tuan Ibrahim will replace Tok Guru Haji Hadi as PAS President one day. He seems to be a competent and honest Leader, I wish him and PAS well in the next PRU14. 

The country really desperately need competent and honest leadership during these times.

WSJ refutes the Attorney General? Shouldn't the Attorney General sue?

Biar twit saya berbicara:

WSJ: Najib billions came from accounts related to 1MDB https://t.co/j8s9otlVoE

WSJ refute the AG? shdn't AG sue? pic.twitter.com/6k5GqICnAO

— eddydaud. (@eddydaud) February 19, 2016

I think WSJ is harming Malaysia and its people's reputation every time they make 'expose' on our Leaders without concrete proof but which are not seriously challenged legally by the powers that be. 

I believe that WSJ should be sued in open court exactly like how the then PM of Singapore the late Mr. Lee Kuan Yew dealt with international publishers who try to defame them.and their Government.

Kalau kos lawyer untuk start proses menyaman WSJ mahal sangat, saya saran buka 'Tabung Saman WSJ' saya rasa ramai rakyat Malaysia yang dah fed up dengan tohmahan surat khabar luar macam WSJ ini yang cakap sedap tanpa tunjuk bukti nyata dan sahih.

The good news is there is now political will to meet the target of ZERO pot hole for JKR roads

These potholes can cause really bad accidents you know - Image from the Business Insider

A typical Malaysian pothole(s) - Image from TheStar

Well at least there is now political will to get those damned road potholes in Malaysia to be quickly patched up, read from the NST:

Works Ministry targets zero pothole

KUALA LUMPUR: The Works Ministry has set a ‘zero pothole’ target for all roads under its management beginning this year. 

Efforts to this end had already been initiated, said its minister Datuk Seri Fadillah Yusof. He cited the mobilisation of an audit team to monitor the condition of roads and to direct the concessionaires responsible to carry out immediate maintenance and repair works. 

“We have already started a ‘Rakan JKR’ programme where we engage consumers in monitoring and channeling information with regard to potholes, for the concession company concerned to act upon. 

“If a concession company delays in acting on a report, it can be imposed a penalty or fine for failing to satisfy the conditions and terms of the agreement it had signed,” he told a media conference here today. 

Fadillah said the ministry had also set a key performance indicator to ensure that reports of potholes or simple damages are acted on within 24 hours by the concessionaire concerned. 

As for major or complicated damages, he said the concessionaire must act within 14 days after receiving a report, while for other damages, not more than one year. “We also need public cooperation to give us information through the Twitter, Public Works Department complaints website and Facebook that we have set up,” he said. 

Meanwhile, Fadillah who is also Gagasan Pendidikan Melayu Malaysia (Gagasan) president said the organisation would be holding a Mathematics and Science Olympiad Competition this Thursday till Saturday. 

He said the pilot programme held in conjunction with Gagasan’s sixth annual general meeting on Saturday was aimed at drawing the interest of bumiputera students towards science and mathematics. 

“This competition is organised with the cooperation of the Education Ministry and students from some of the states have already confirmed their participation,” he said. The competition would be held at Wira Hotel and International Youth Centre in Cheras here.--BERNAMA

My thots:

1. Absolutely commendable effort by the YBM Fadillah Yusof.

2. It would be great if this great initiative are extended to the roads under the jurisdiction of our Majlis Bandaraya, Majlis Perbandaran, Majlis Daerah and other Local Authorities at state level...perhaps the Menteri Besar would also join in the initiative.  

Read also:

‘Zero pothole’ target an uphill task, works minister says

Its an up hill task, definitely it is..but some tasks like patching potholes needs to be mechanised to be more cost effective and fast. Watch:

Search for the pot hole repair trucks from Alibaba probably can get it cheaper.

We have 200,000 jobless graduates but Gomen wants to import millions more foreign workers?

Lets give a listen to what the Ministers have to say:

Zahid challenges youths to do dirty, difficult and dangerous jobs

Azalina defends Putrajaya's plan to bring in 1.5m Bangladesh workers

This is what the MEF and MTUC are saying:

200,000 jobless graduates

Rajvinder Singh

newsdesk@thesundaily.com

PETALING JAYA: There are currently 200,000 unemployed graduates in the country – not including those who have just completed their diplomas, certificate programmes and Sijil Pelajaran Malaysia (SPM).

According to the Malaysian Employers Federation (MEF), last year alone, some 26,000 people were retrenched and more expected this year.

"Job seekers are not picky and they are more than willing to take up jobs, said MEF executive director Datuk Shamsudin Baradan.

During these hard times, he said people are not choosy about jobs they do as long as they can earn a decent wage.

He pointed out that the formal job sector can only take about 6.5 million workers and at present there are two million foreign workers and with the rehiring programme another two million are expected to register.

"This makes it four million foreigners in the formal job market while under the 11th Malaysia Plan it was supposed to be capped at 15%," he said.

Shamsudin was responding to reports that that not many Malaysians were willing to work in the dirty, difficult and dangerous (3D) fields.

Deputy Prime Minister, Datuk Seri Ahmad Zahid Hamidi had said that if they were willing to do such jobs then there would be no need to bring in 1.5 million Bangladeshi workers.

"Bringing in more foreigners is not healthy for the labour market as there is already a high proportion of foreigners in the formal job market," said Shamsudin.

Malaysia Trades Union Congress (MTUC) secretary-general N. Gopal Kishnam said the government needs to carry out a detailed study of the job market before deciding to bring in more foreign workers.

He said local workers are slowly losing out to foreigners because foreigners, legal or illegal are willing to work for lower salaries.

He said 15 years ago there were many Malaysians working in 3D jobs but this has been taken over by foreigners.

He went on to say that at the present standard of living RM900 is not enough for a Malaysian to make a living.

Gopal pointed that there were over 300,000 Malaysians working in 3D jobs in Singapore because they are able to have a decent standard of living.

He said the claim that Malaysians are unwilling to work in 3D jobs is not right, all they need is a decent wage to work in this sector.

Net citizens' thots:

just wish YBMs who r defending the new 1.5m bangladeshi intake would also read the rmk11 strategy for labour utilisation if not done so yet.

— eddydaud. (@eddydaud) February 15, 2016

@NST_Online @Azalina Is RMK11 human resource strategy no longer applicable?Not even 2 months..and it's trashed pic.twitter.com/X3kEOWrgyC

— khalidkarim (@khalidkarim) February 15, 2016

How does allowing 1.5 M foreign labor in next 3yrs help to address the Gomen RMK11 Strategy Paper objective(8.43)? pic.twitter.com/GFqEpGv1Js

— eddydaud. (@eddydaud) February 15, 2016

Do not blame Malaysians if they think that this country is heading no where under this present Gomen when only days into RMK11 (2016-2020) this same Gomen which approved the plan immediately started to make moves to import millions of Bangladeshis over the next 3 years.

For the sake of our Children, I pray the Gomen will stand firm in defending the Dual Language Programme (DLP) against its detractors

updated to include news on 16 February 2016.

Don’t give up on English in schools

February 14, 2016

By Noor Azimah Abdul Rahim

The Parent Action Group for Education has since 2008 been seeking the non-abolition of the mandatory policy of teaching and learning of science and mathematics in English but has been thwarted at every turn. We persevered and the policy was resurrected in the form of the Soft Landing in 2011, which will end in 2020 allowing students who started in English to finish in English.

In the meantime this scientific English policy was replaced by a language policy in 2011 called “Memartabatkan Bahasa Melayu, Memperkasakan Bahasa Inggeris (MBMMBI or Uphold Bahasa Melayu, Strengthen the English Language) which continues to be further expanded and developed.

In 2015, the Prime Minister with the Economic Council sought a radical approach towards rectifying the appalling state of the English language causing to date over 400,000 graduates to be unemployed.

The Education and SRI (Strategic Reform Initiatives) Human Capital Development of Pemandu (Performance Management and Delivery Unit), comprising highly analytical, dynamic and outstanding professionals in their respective fields carefully hand-picked from the private sector, was tasked to explore and recommend this radical solution.

Numerous stakeholders were invited including the Federation of Manufacturers Malaysia, the Malaysian Employers Federation, the British Council, advocates of English, think-tanks and scholarship foundations, professors of IPTAs (students in public colleges and universities) and IPTSs (students in private colleges and universities) and most importantly, high-ranking officials from the Ministry of Education and many more, to brainstorm and articulate an effective approach.

A lengthy and detailed process was undertaken which culminated into three main recommendations as an expansion of MBMMBI programmes in enhancing English as advocated in Wave 2 (2016-2020) of the Malaysia Education Blueprint 2013-2025 namely:

High Immersion Programme (HIP) for all schools;

Dual Language Programme (DLP) as a pilot project involving 300 schools or a mere 3 per cent; and

Dual Language Programme Plus (DLP+).

DLP+ would have been the closest we will ever get to the return of English medium schools, excluding the subjects of Pendidikan Islam/Moral and History. Although endorsed by the Prime Minister, the Education Minister and the Economic Council, it was withdrawn by the Ministry of Education for a lack of resources.

The philosophy behind DLP is that it is an option for parents (as stated by the Education Act 1996 where “pupils are to be educated according to the wishes of their parents” and not teachers nor critics to choose the medium of instruction.

Students cannot achieve operational proficiency through the 15-20 per cent English hours offered in classrooms (as indicated by international research) and therefore other subjects had to be explored; and that the majority of science and mathematics teachers had a minor in English unlike those of other possible non-core subjects and analysed in great detail).

Parents will fill in a standard form providing consent for their children to be taught in Bahasa Melayu or English for the four STEM subjects. This was done at the start of the year for Primary One, Four and Form One. A class will be provided where there is a minimum of 15 students in either language.

There is no plan to have all the approximately 10,000 schools nationwide offer DLP next year or at any point in time as long as parents do not consent.

DLP is designed for students to immerse themselves in an environment where the English language can be applied and practised beyond the English classroom. For students who are already proficient they can assist the teacher and mentor those who are not.

Parents, too, have a role to play alongside the teachers in providing support, encouragement and a positive attitude. There is no magic formula. Children and grandchildren of teachers, past, present and future will benefit tremendously too.

To give up from the start without even trying would be a great injustice to the innocent child who has infinite potential if they were guided by visionary adults.

Critics, especially politicians who reject DLP, are selfish hypocrites who want their children to excel by quietly enrolling their children in international schools where they get to enjoy an English education.

Parents who are level-headed and thinking adults will not want their children to add to the 400,000 unemployed graduates. Or do you?!

.......and now introducing The Detractors:

Coalition will oppose voluntary English programme even if it’s popular with parents, schools

and the great one (update 16 February 2016):

World-ranked scientist backs movement to abolish new school English programme

Is Mr. Low selling art works by famous painters at loss?

Interesting news from the land of the very rich and the very famous:


From Bloomberg:

Flashy Malaysia Financier Said to Sell Picasso at Loss

Apparently that flashy Malaysia Financier is Mr. Low Taek Low or better known as Jho Low among his friends. Jho Low is said to be involved in the 1MDB scandal but his name is never acknowledged within the 1MDB circle in Malaysia. Read here and here.

All I can say is that these pictures by those famous artists such as Picasso, Monet etc. are worth millions of USD and you will really have to have loads of cash to play-play with these art form which would normally increase in value over time. 

Surely if you have to sell the pictures at a loss, then surely you needed the money quite fast right? 

In any case it would be interesting to follow the news on this one.

Gomen should do a proper Study on the need of bringing in foreign workers into Malaysia

"There are close to 7 million foreign workers here but only 2.1 million are documented"

MTUC

"The report in Dhaka Tribune said the workers would enter Malaysia under the G2G (Government-to-Government) Plus scheme which allowed them employment in construction, service, manufacturing and agriculture sectors. Previously, Bangladeshi workers were only hired for plantations"

Dhaka Tribune

Study local needs before bringing in Bangladeshi workers, says MTUC 

The Malaysian Trades Union Congress (MTUC) hit out at Putrajaya over its plan to bring in 1.5 million workers from Bangladesh over the next three years, saying that it would adversely affect Malaysian workers and the country's economy.

The union's secretary-general N. Gopal Kishnam said currently, thousands of Malaysian workers were traveling to Singapore daily to earn a living.

“Why? Who are the ones doing semi-skilled jobs in Singapore?

“Although it is semi-skilled, they are willing to commute daily as the wages are higher and commensurate with the work they do,” Gopal said in a strongly worded statement.

Hence, he said, it was a better to invest in training Malaysian workers and give them reasonable wages so that they too could undertake semi-skilled jobs in the country.

“Currently locals do not want these jobs as the pay is low and the working hours long,” Gopal said.

He added MTUC was also concerned about the high number of undocumented foreign workers currently in the country, adding that the government must find a solution to this before allowing the 1.5 million from Bangladesh into the country.

“If the government is serious about achieving Vision 2020, they should limit the number of foreign workers as stated in the 11th Malaysia Plan, which is to reduce the amount to just 15%.

“But based on what is happening currently, this cannot be achieved, until now, there are close to 7 million foreign workers here but only 2.1 million are documented,” he added.

As such, he urged the authorities to do an in-depth study on labour needs in order for the government to reduce dependance on foreign labour.

He said that of late, there were also reports of vice activity involving foreign workers.

“The country cannot depend on labour from other countries.

“This will only effect our local economy and the people,” Gopal added.

It was reported two days ago that the government's plan to bring in 1.5 million Bangladeshi workers could soon come to pass under a newly drafted memorandum of understanding (MoU) with the Bangladeshi government.

The report in Dhaka Tribune said the workers would enter Malaysia under the G2G (Government-to-Government) Plus scheme which allowed them employment in construction, service, manufacturing and agriculture sectors.

Previously, Bangladeshi workers were only hired for plantations. – February 11, 2016.

My take is 1.5 million Bangladeshis is a huge number of people.

No matter what the Gomen say, 1.5 million additional Bangladeshi to a burgeoning foreign labor population will have impact on our socio economic environment. These impacts must be studied first thoroughly to balance the economic impact that it might bring to the employer.

I think the Gomen ought to completely register all the illegal foreign workers in Malaysia first which could be in the millions on top of the legally registered 2.07 million migrant workers that we already have...only then consider allowing more foreign labor into the country.

Read:

The Number Of Foreign Workers In Malaysia Is Greater Than The Population of These Nations

The outflow of the ringgit in itself is a bit worrying say 2.07 million people remit RM300 each every month back to their country....how much is that? Thats about RM620million ringgit flowing out of Malaysia...is that good for our currency? Say, double the foreign labor numbers to include the ones who do not have documentation and you get Billions Ringgit out of this beloved country of ours.

Read also:

Illegal Workers In Malaysia: How Much Do You Know About The Dilemma?

....and we have not even begun to talk about job opportunities for our younger generation in a shrinking job market as our economy goes through a difficult period which would last for quite some time due to the low oil price. 

Please stop saying that Malaysians do not want to do hard work, thats bullshit..and an insult to the Malaysian intelligence. Malaysia Boleh remember?

Is the proposed sentence of life imprisonment and 10 strokes of the cane for those who leak state secrets under the OSA is disproportionate to the offence?

"The proposed sentence of life imprisonment and 10 strokes of the cane for those who leak state secrets under the Official Secrets Act 1972 (OSA) is "disproportionate" to the offence"

 Former attorney-general (A-G) Tan Sri Abu Talib Othman.

“People who leak information under OSA to expose wrongdoing should actually be protected,”

Paul Low, Minister in the Prime Minister's Department.

The AG came up with an idea which got many people questioning why should it come to this:

AG mulling life imprisonment for those who leak secrets

Even the Malay rights Group are unhappy:

Perkasa questions A-G’s OSA proposal

"The question here is, is the leaking of official secrets involving corruption, funds misappropriation or illegal businesses considered a threat to national security?" 

Perkasa information chief Hassan Basri Muhammad

The exAG Tan Sri Abu Talib says:

Punishment for whistleblowers uncalled for, says former A-G

The proposed sentence of life imprisonment and 10 strokes of the cane for those who leak state secrets under the Official Secrets Act 1972 (OSA) is "disproportionate" to the offence, says former attorney-general (A-G) Tan Sri Abu Talib Othman.

The proposed amendments also ran counter to the rest of the world's march towards transparency and openness, said Abu Talib.

While he believed that some restrictions should be placed on such, in the country's interest, Abu Talib urged current A-G Tan Sri Mohamad Apandi Ali to reconsider the amendments.

“That is out of proportion. What an impression it will have on the world. I think he should review this proposal in the interest of the nation and people.“The sentence is disproportionate to the nature of the offence,” Abu Talib told The Malaysian Insider.

He said it was also inconsistent with the fact that everyone had the right to know.

“All over the world, they are all moving towards more transparency. And the public should be given the right to know what's happening.

“So his proposal, I think, would have to be considered carefully in the context of the right of the people to know.”

But he urged the people not to take Apandi's proposal “so seriously”, as it would still have to be submitted to the Cabinet for review before being brought to Parliament.

Meanwhile, Datuk Paul Low (pic) echoed Abu Talib's opinion that life imprisonment for leaking secrets under OSA was excessive.

“You cannot put it (leaking state secrets) in the same category as murder. The only exception may be if it has to do with espionage or leaking secrets that actually endanger other people's lives and national security.

“Otherwise, people who leak information under OSA to expose wrongdoing should actually be protected,” said Low, minister in the prime minister's department.

He added that the government should not impose just one form of sentencing for the leakage of secrets, as some secrets may pose less of a danger to national security than others if made public.

“So the government must weigh how detrimental it is if certain information is leaked out. We cannot move to a mode that everything is secret.

“When you do that, you are moving backwards and away from being accountable and transparent.”

But Datuk Seri Azalina Said Othman, another minister in the prime minister’s department, said Apandi's proposal was timely as civil servants were leaking too much information to the public. – February 9, 2016.

....and I have a question:

Would the amendment to the OSA mooted by AG strengthen your perception that the BN Gomen have a lot to hide?

— eddydaud. (@eddydaud) February 9, 2016

Happy Chinese New Year 2016

Wishing you joy, prosperity and longevity. pic.twitter.com/ZjEgd6irSZ

— eddydaud. (@eddydaud) February 5, 2016

Gathering Storm?

Gathering Storm?

Press Release | The Attorney General Must Reconsider MACC’s Investigation Papers on the Transfer of Funds into the Personal Bank Accounts of the Prime Minister

Tuesday, 02 February 2016 09:57pm

The Malaysian Bar is gravely concerned over the Attorney General’s decision of 26 January 2016 on the three investigation papers submitted to him by the Malaysian Anti-Corruption Commission (“MACC”) concerning the transfer of USD681 million (“the purported donation”) and the transfer of funds from SRC International Sdn Bhd (“SRC”), both into the personal bank accounts of the Prime Minister.  The Attorney General has declared that he is satisfied that no criminal offence has been committed by the Prime Minister, and instructed MACC to close the three investigation papers. It was subsequently reported that MACC decided to refer the decision of the Attorney General to two of its statutory oversight panels: the Operations Review Panel and the Special Panel.[1]  Both these panels reviewed the decision, and on 28 January 2016 advised MACC to engage with the Attorney General regarding his decision.[2]    The advice of MACC’s oversight panels is not surprising.  The decision of the Attorney General to exonerate the Prime Minister of any criminal offence appears to be unsustainable in law.  The decision seems premature, lacking in facts, bereft of particulars, and founded on questionable or inadequate reasons.  In respect of the purported donation, it has been reported that MACC’s probe is ongoing.  The Attorney General has been asked by MACC to request documents and statements from individuals from several overseas financial institutions[3] under the Mutual Assistance in Criminal Matters Act 2002.[4]  This is necessary to ascertain the veracity of the evidence that MACC has already collated in Malaysia.  Without this elementary scrutiny of the obtained evidence, the investigation would be incomplete. However, the Attorney General has refused to make the request, on the basis that he has discovered no criminal offence in relation to the purported donation.[5]  This explanation prompts many basic questions that persist and need to be answered, such as:  Who specifically made the donation of USD681 million to the Prime Minister between 22 March 2013 and 10 April 2013?  What was the purpose of this donation?  If the purpose has not been identified, is it proper to conclude that no criminal offence has been committed? The Attorney General has also said that USD620 million of the purported donation was returned by the Prime Minister to the alleged donor in August 2013.  This disclosure, made more than six months after the revelation of the transfer of funds into the Prime Minister’s personal bank accounts, raises more troubling questions:  Was Bank Negara Malaysia and/or MACC notified of the repatriation of the USD620 million?  What happened to the balance of USD61 million that was not returned to the donor?  If the manner in which the USD61 million was utilised by the Prime Minister has not been ascertained, how would the presumption of corrupt practice in Section 50 of the MACC Act 2009 be rebutted?  In relation to the transfer of funds from SRC, the Attorney General has omitted to specify the exact sum of money that was transferred into the Prime Minister’s personal bank accounts.  It was previously reported that RM42 million from SRC had been deposited into the Prime Minister’s personal bank accounts.[6]  It has now been reported that an additional RM27 million from SRC was deposited into the personal bank accounts of the Prime Minister on 8 July 2014.[7]  This would appear to bring the total deposit from SRC to RM69 million.  The Attorney General has regrettably not addressed this apparent and glaring discrepancy. The Attorney General has also not disclosed who gave the approval for the transfer of monies into the Prime Minister’s personal bank accounts, the purpose of the transfer, and how the account numbers of the Prime Minister’s personal bank accounts were obtained. The Attorney General has stated that there was no evidence that the Prime Minister had any knowledge, or had been informed, of the transfer of monies from SRC into his personal bank accounts.  However, an account holder is deemed to know, and cannot claim to be unaware, of transactions concerning his personal bank accounts.  Knowledge can be implied or inferred in certain circumstances.  In this regard, it has been reported that RM3.2 million was paid from one of these bank accounts to two credit card accounts.[8]  The Attorney General further stated that the evidence shows that the Prime Minister believed that “all payments which were made by him were made from the donation received from the Saudi royal family which was earlier transferred to his personal accounts”.[9]  This finding appears implausible, as RM27 million from SRC was reportedly transferred into the Prime Minister’s personal bank accounts on 8 July 2014,[10] which was after the balance of USD620 million of the purported donation had been returned in August 2013.  In the circumstances, the Attorney General’s decision that no criminal offences have been committed in respect of MACC’s investigation papers is hasty and difficult to justify.  Indeed, there have been reports that the Attorney General rejected MACC’s recommendations[11] in the investigation papers, that three charges pursuant to Section 403 of the Penal Code (dishonest misappropriation of property) be levelled against the Prime Minister.[12]  Further, the Attorney General’s directive to MACC to close its investigation papers, particularly where the investigation is incomplete, is beyond the Attorney General’s authority.  It could be perceived as an act of interference in the investigation.  The Attorney General should render all assistance to MACC to facilitate ongoing investigations, or fresh investigations, as and when additional or new evidence is discovered.  The Malaysian Bar also disagrees with statements, attributed to certain quarters, that the discretion of the Attorney General under Article 145(3) of the Federal Constitution to decline to exercise his prosecutorial powers is “absolute” and cannot be questioned in court.  The notion of absolute discretionary powers is contrary to the rule of law.  All legal powers — even a constitutional power — have legal limits.[13]  Thus, the modern and prevailing view is that the Attorney General’s decision not to prosecute is open to challenge in a judicial review action, if the exercise of the prosecutorial discretion is tainted by bad faith, dishonesty or extraneous purposes.[14]  The Attorney General’s prosecutorial powers are therefore not unfettered.  The Malaysian Bar therefore urges the Attorney General to reconsider his decision on the transfer of funds into the personal bank accounts of the Prime Minister, and to exercise the prosecutorial powers in Article 145(3) Federal Constitution appropriately. Steven Thiru President Malaysian Bar 2 February 2016

Ex-minister seeks court order to challenge

 A-G’s decision on Najib

Former minister Datuk Zaid Ibrahim has filed for leave at the High Court to challenge the decision of the attorney-general (A-G) not to prosecute Prime Minister Datuk Seri Najib Razak over his RM2.6 billion donation and Finance Ministry-owned firm SRC International Sdn Bhd.

He is also seeking leave for a judicial review to challenge A-G Tan Sri Mohamed Apandi Ali's decision in ordering the Malaysian Anti-Corruption Commission (MACC) to close its investigations into both matters.

Zaid said he was arguing that the A-G's decision was unreasonable and constituted an improper exercise of discretion.

He also said Apandi had a constitutional duty to exercise the discretion conferred on him by the provisions of Article 145 (3) of the Federal Constitution with due consideration, reasonably in the public interest and with a sense of justice.

"I have been forced to initiate these proceedings as I am rightfully concerned about the dire consequences to the rule of law in this country if the decision of one man cannot be questioned regardless of the facts and the circumstances of the case.

"As far as I have been advised, there is nothing known in law as the concept of 'absolute discretion'.

"The notion of such unfettered discretion is in fact contrary to the rule of law, and it is for this reason I am compelled to act," Zaid said in a statement today that was posted on his blog.

The Malaysian Insider reported earlier today that a former Umno man would sue Apandi over his failure to prosecute Najib.

Zaid left Umno in 2008 and subsequently joined PKR but has since left the opposition party.

The former law minister said he was satisfied that there was strong evidence for Najib to be held liable for wrongdoing under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and the Financial Services Act 2013, which might also extend to criminal breach of trust and other offences under the Penal Code.

If Zaid succeeds in getting leave at the Kuala Lumpur High Court, he will then ask the court for an order to set aside the A-G's decision to not prosecute Najib and his order for MACC to close the files on their investigations.

He will also be seeking a court order to compel the A-G to use his discretion under Article 145(3) to properly consider instituting criminal proceedings against the prime minister.

Zaid also wanted a court declaration that the A-G's decision asking MACC to close its investigations was ultra vires (beyond the powers) of the Constitution.

Last Tuesday, Apandi announced that MACC, after six months of investigations, did not have sufficient evidence for him to frame charges against the prime minister and ordered the investigation papers closed.

The three papers are one on the RM2.6 billion donation and two on SRC International, which had taken a RM4 billion loan from the Retirement Fund Inc (KWAP).

Apandi has shrugged off the MACC move to refer its investigation papers to its oversight panel for a review of his decision.

The panel has told MACC to engage the A-G on his findings.

Apandi said any challenge to his decision would go against his powers as A-G stipulated in the Federal Constitution.

But others, including former A-G Tan Sri Abu Talib Othman, had said that these powers do not include directing an investigating agency to stop its probes. – February 2, 2016.