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Friday, August 30, 2013

The Merdeka farce

By Mariam Mokhtar | FMT

Patriotism has now become a dirty word and ever since Umno Baru was spawned, we live in a tribal culture, where loyalty to the party is the only thing that matters.

If the slow and lingering death of multi-cultural and multi-faith Malaysia could be attributed to one man and one party, that person has to be former prime minister Dr Mahathir Mohamad and the monstrous party he created, Umno Baru.

There is an assault on non-Muslims, moderate Muslims and true Sunni Muslims who do not subscribe to the Umno Baru heretical type of Islam.

Today, we reap what Mahathir has sown, and at least two generations of Malaysians have been betrayed by Umno Baru. The hostile environment we have inherited started four decades ago, when the few who dared oppose Mahathir, were unsuccessful in their efforts to unseat him.

After a brief stint as a political outcast, in the early seventies, Mahathir was reintroduced into the original Umno party and that was the beginning of Malaysia’s decline. We lost our culture, our identity and our self-respect.

When he became a Cabinet minister, Mahathir knew he had to purge his enemies within government. He systematically ripped apart the system of governance, such as our judiciary and all the other symbols of a democracy.

Today, Malaysia might as well call itself a dictatorship, and forget its democratic pretensions.

With Mahathir’s influence, the traditional Malaysian values, which our parents and grandparents were once proud of, gave way to solely Malay interests. The irony is that few Malays wanted to be associated with him.

Mahathir, who resigned 10 years ago, may be retired; but only in name. Today, his influence is as strong as ever and the power he wields is more devastating than if he were still in office; He cannot be made accountable for his actions.

He can correctly claim that what he says is not official doctrine. His remarks are seized upon by the press. His act of treachery in Project IC has gone unpunished. He is a president for life.

Today, one man has the power to stop the rot – he is the Umno Baru president Najib Tun Razak. Is he up to the task? Will he act quickly? Malaysia does not have the luxury of time.

Anger and frustration

The generations whom Umno Baru betrayed will never know the benefits and joy of living in a competitive world, where meritocracy was more important than connections and where education was not dumbed down, simply to produce armies of mediocre graduates rather like the mass production of cans of carbonated drinks on a production line.

Various Malaysians had the following to say about being Malaysian.

“Why should the Negaraku be played for seven days before Merdeka? Why not do as in the past, when we used to play it before every movie and the audience would stand to attention in a brightly lit hall?”

“I am angry because I am second class and treated as such. Maybe even fourth class if you put Umnoputeras on top, then Muslim bumiputeras, followed by non-Muslim bumiputeras.”

“My parents could not pay for my education at a local university. When they approached one of the political parties for funding, they were asked by an official, “What is in it for me?” With nothing to give, we were rejected. You could say that my education was funded by the pawnshop when mother and grandmother took their wedding jewellery in.”

“We fly the flag not because of patriotism. We want to avoid our business licence being revoked.”

“My wife, whom I met at university, is a qualified engineer but has difficulty getting permanent residence. For decades, the usual response for her application is “still under consideration.” Our Indonesian maid, who has only been here for two years, already has an identity card.”

“Poor uneducated Indians and Chinese are shouted at in government offices. I know this is the result of the BTN courses. The unspoken rule is non-bumis and non-Muslims last. I am fed up, and will probably retire early from the civil-service.”

“I have always dreamed of joining the armed forces or the police. I think it is sad, that there is a cap on my career just because I am not of the chosen race. To add insult to injury, some minister said that non-Malays lack patriotism.”

“I live abroad because if I were to stay in Malaysia, I will be persecuted for my sexual orientation. I will always remain a Muslim. God will never reject me, but my countrymen have.”

“Being a Malaysian means being true to yourself as a human being, learning to cope with the excesses of others and doing your part in harmonious co-existence. It is the little things that matter, like helping the makcik who lives next-door, with her weekly shopping, or helping the widower across the road to mow his lawn.”

“Three words describe my being a Malaysian: Anger and frustration. I am angry that I am considered a ‘pendatang’, even though both my great-grandparents were born here. I am frustrated, that 56 years of independence is not enough to be rid of a corrupt, incompetent and racist government. Despite all that, I choose to remain a Malaysian. Malaya and Ipoh course through my veins…Tanah tumpahnya darah-ku. Tears still well up in my eyes when the national anthem is played.”

Yet another public holiday

Tomorrow, when we fight for the best places by the roadside to watch the bands and military hardware being paraded in the Merdeka march, how many of us will remember the veterans who fought for independence?

Who will recall the sacrifice of the various individuals, the nationalists, the communists, the socialists and others who contributed towards Merdeka?

The irony is that Merdeka day is reduced to another public holiday when most Malaysians only look forward to the fireworks display. All it needs is someone to light the fuse to destroy our fragile community spirit.

If Najib does not contain the racial and religious extremists within his party, the country will have no end of recurring nightmares rather than the endless possibilities he imagined. We will be on the road to perdition.

Najib could save the country by silencing the evil Mahathir, before we are all doomed. He just has to stand up to, and ignore the hold that Mahathir allegedly has over him.

If he does this, the rakyat will be so happy that they will overlook the crimes that Mahathir is allegedly using to blackmail him.

Thursday, August 29, 2013

Tanda Putera: untruths and polarisation - Kua Kia Soong

By Kua Kia Soong | TMI

I do not intend to pay to watch Tanda Putera since the government has already used part of our money to sponsor this film which seems intent on spreading untruths and enhancing polarisation instead of promoting truth and reconciliation. My response to the film is based on published reviews of the film on the online press.

Who orchestrated the May 13 pogrom?

From the reviews of the film, the Chinese are depicted as the aggressors, insensitive to the extent of urinating on a flag pole outside the residence of the then Selangor menteri besar Harun Idris, hurting the feelings of Malays and thus triggering the May 13 race riots. The communists are also portrayed as having a hand in the troubles.

I am surprised that in spite of my having produced references in my 2007 title, the director insists on putting the blame on the communists:

“ late as 29 May (the Tunku) was still voicing his conviction that communists had been behind the trouble... But on the same day, Tun Dr Ismail was admitting that he had been wrong to ascribe the riots to the communists, and during the New Zealand Defence Minister’s visit on 30 and 31 May, the Tunku admitted that the earlier accusations had been incorrect. Three days later, Tan Sri Ghazali followed suit...” (Kua Kia Soong, May 13: Declassified Documents on the Malaysian riots of 1969, 2007:51)

This can be easily corroborated by checking up on all the official wires on the dates I have quoted, a standard practice of any respectable scholar.

This film maker does not bother with such basic SOP of research. She is more interested in the “creative licence” (sic) to orchestrate the scene of the Chinese youth urinating on the flagpole outside the Selangor mentri besar’s residence.

After the 13th general election, the government seems intent on polarising our society further by communalising issues. It’s payback time, as some observers have also pointed out. Tanda Putera seems to be set in this trend.

A government that is concerned about national rejuvenation would not shrink from setting up a Truth & Reconciliation Commission to lay bare the truth once and for all without fear of retribution.

The new deputy ministers from the NGOs, Paul Low and Waythamoorthy, should call for transparency by declassifying all documents on the May 13 incident. Let us also honour the victims by uncovering the names of all those who died or suffered injuries during that dark episode in our history.

For a start, truth seeking Malaysians should boycott the film. We also call upon Finas to justify to taxpayers why their money should be used to spread untruths which are costly to national reconciliation. - August 29, 2013.

Dr Kua Kia Soong is Suaram adviser.

Friday, August 23, 2013

So, who killed Altantuya? And why?


Seven years on, no one has paid the price for the death of Altantuya Shaariibuuu. And no one knows why the pretty Mongolian was killed one night in October 2006.

But today’s Court of Appeal decision does not close the file on her mysterious murder.

Instead, the ruling to acquit former chief inspector Azilah Hadri and former corporal Sirul Azhar Umar raises more questions than ever.

Who killed her? Why?

She was shot dead and C4 explosives were allegedly used to blow her to bits but both police commandos said they had no access to the explosives. So what happened? Were there others involved?

She came into the country but there were no immigration records with her name. Did she use another passport? Can the authorities explain this?

Some of these questions that could have been answered if the likes of DSP Musa Safri had been called to give evidence.

The prosecution did not call him and the appeal court today allowed the appeal because material witnesses were not called to testify, including Musa.

Musa would have been able to testify what help that political analyst Abdul Razak Baginda had asked him to fend off Altantuya.

The interpreter had become Abdul Razak’s lover but later hounded him that he had to hire private investigator P. Balasubramaniam to keep watch on her. When Altantuya turned up that fateful night on October 18, 2006, the policemen scooped her and that was the last time she was seen alive.

What followed rocked Malaysia’s political establishment. Abdul Razak was held in connection with the murder and both police commandos Azilah and Sirul were later charged for Altantuya’s murder.

Their connection to each other was simply Musa, who was aide-de-camp to then deputy prime minister and defence minister Datuk Seri Najib Razak.

Now prime minister, Najib has denied any links to the case although Abdul Razak was closely associated with him. Will today’s ruling provide closure for him too?

Will it also provide closure for Abdul Razak, who was the first to be acquitted of conspiring to kill Altantuya. He had admitted to fending her off but not asking for her death.

Interestingly, the prosecution never appealed his acquittal.

But the prosecution has said it would appeal today’s ruling that freed Azilah and Sirul, both of whom were hooded and shielded from public view during their 159-day murder trial.

That again raises more questions. And endless possibilities. – August 23, 2013.

Fresh DAP polls on September 29

By Rita Jong | TMI

The DAP National Special Congress for the re-election of the central executive committee (CEC) will be held on Sept 29 in the Klang Valley at a venue to be confirmed later.

The party’s secretary-general Lim Guan Eng announced the date during a press conference after a two-hour closed door meeting with CEC members today.

“The candidates for the re-election shall be that of the same list as that used in the 2012 National Congress in December 2012, of course less those candidates who have withdrawn voluntarily from the contest,” said Guan Eng.

“This is because there is no controversy over the list of nominated candidates and the RoS (Registrar of Societies) had instructed only the re-election of the CEC.”

He said the party would also be using the same list of qualified delegates who took part in the party polls last December to re-elect the CEC.

“As we know, after eight months, there were some delegates who have been expelled.

“In the meeting today, it was decided these delegates who were expelled from the party would be allowed to take part, should they choose to,” he said.

As a result of the re-election, Guan Eng said, the party’s parliamentary liaison committee AGM and of the state ordinary conventions which were supposed to be held between August and December this year will be postponed to a date to be fixed by the new CEC elected next month.

He said Serdang MP Dr Ong Kian Ming will be the returning officer while Anthony Loke Siew Fook (Seremban MP) will be Special Congress Steering Committee chairman.

And for the first time, DAP will be appointing an international accounting firm to monitor the counting process.

“This will be first time done by any political party in Malaysian history,” he said.

“This is to prevent RoS from sabotaging us again.”

Guan Eng also reiterated that DAP was conducting the re-election under protest to avoid the party from being de-registered.

“RoS is operating as a tool of Umno. They don’t even want to meet us. They haven’t even given us any reasons why we should hold the re-elections,” he said, adding that this was an abuse of power.

Last week, DAP decided to hold a re-election of its CEC following a directive by the RoS on July 30.

The complaint to the RoS came after several disgruntled members claimed the election in December last year was not properly conducted after the party announced that a glitch in the tabulation had resulted in the wrong candidate being elected to the CEC.

These disgruntled members also claimed they were not informed of the party polls.

On Monday, Loke, the party’s national organising secretary, rebutted the allegations that it did not inform its 753 delegates of its party polls and produced evidence of members’ attendance record, signatures and postal receipts which showed notices were sent out.

Loke also argued that the RoS did not even interview the members who claimed they were not informed of the polls.

A booklet called “The Equity Report (CEC Election Fraud)” on the alleged irregularities and internal politics in the DAP polls, written by a Father Augustus Chen, was also widely distributed in Penang.

DAP adviser Lim Kit Siang had claimed that “Father Augustus Chen” was a fictitious character conjured by Umno to discredit the opposition party and asked that “Father Augustus Chen” come forward to prove otherwise.

He also claimed this dubious character was used by leaders from Umno and the RoS to invalidate the party’s CEC elections last year.

In the booklet, the writer accused Lim and his son, Guan Eng, of having manipulated the vote tabulation during the election.

Yesterday, DAP national legal bureau chairman Gobind Singh Deo gave Umno-owned newspaper Utusan Malaysia 48 hours to respond to a letter of demand over two defamatory articles – one quoting The Equity Report and the other accusing Lim of manipulating the party polls last December.

He also wanted Utusan to reveal who was the real author of the booklet and demanded for the apology within the stipulated time. – August 22, 2013.

Friday, August 16, 2013

In Averting A Likely Deregistration Of The Party By BN, DAP Must Not Be Defeated By The Brutality Of An Oppressive Registrar of Societies(ROS) Nor Be Under Any Delusion That The ROS Still Respects The Rule Of Law.

All members and supporters of DAP including PAS and PKR must stand together to fend off the non stop vigorous attacks of Pakatan Rakyat especially DAP from umno/bn.

There were The Berlin Wall and The Great Wall Of China and here umno/bn have its own Great Wall in the form of the various authorities to bring down Pakatan Rakyat.

The latest additional WALL is ROS forcing DAP to hold a re-election which DAP has no choice but to comply fearing being UNLAWFULLY de-registered.

Following is the Press Statement By DAP Secretary-General And MP For Bagan Lim Guan Eng In Kuala Lumpur On 16.8.2013

In averting a likely deregistration of the party by BN, DAP must not be defeated by the brutality of an oppressive Registrar of Societies(ROS) nor be under any delusion that the ROS still respects the rule of law. DAP leaders will go on a nationwide tour of all states to explain the rationale of the latest decision after the 2008-2011 Central Executive Committee(CEC) meets next Thursday to conduct fresh re-elections.

There is no doubt that the ROS has repeatedly behaved unprofessionally, unethically and even unlawfully by making media announcements that had no factual or legal basis. Instead of all facts and information supplied by the DAP that were verified by an accounting firm, ROS appears to believe the unsubstantiated lies of a non-existent person called Father Augustus Chen, Utusan Malaysia(UM) and New Straits Times(NST) that 753 DAP delegates had been denied their right to attend the DAP Congress in Penang or that there were 547 “phantom” delegates attending the Congress.

The bitter and painful decision made by party leaders in an emergency meeting of the 2012-15 Central Executive Committee(CEC) on Wednesday night to hold re-elections was solely to prevent ROS from being given another opportunity to abuse their powers by deregistering the party. There are many examples of the ROS abusing its powers in the past and practicing double standards, including their recent inaction over the 2011 SUPP party elections in contrast to their unlawful and quick interference in the 2012 party elections.

The announcement by the Home Minister Datuk Ahmad Zahid Hamidi, before the ROS had even informed the DAP, that the DAP has been directed to hold fresh re-elections is a clear indication that the ROS is neither an independent nor an impartial authority but acting solely under the political dictates of BN. Further, the DAP’s repeated requests to the Registrar of Societies to be supplied with the complaints made against the party have been futile.

Finally the shocking refusal of the ROS to even see me in my capacity as DAP Secretary-General that was communicated to DAP National Organising Secretary Anthony Loke on Wednesday 14.8.2013 is not only unprofessional but proves its oppressive, repressive and suppressive intent against the DAP. DAP leaders can not be passive but must be pro-active in face of such overt hostility and mala fide intent towards the DAP.

Clearly there is a legal recourse for the DAP to seek a judicial review against the ROS’ decision that is clearly unlawful as it contravenes 18A, 18B and 18C of the 1966 Societies Act. However in the face of such openly hostile attitude of the ROS that is clearly oppressive, repressive and suppressive, there were genuine concerns expressed by top leaders that filing a judicial review may trigger further action by the ROS in the form of deregistration of the party.

There is no doubt that such a de-registration of the party by ROS would also be unlawful. However, deregistration is a risk that the party just can not take for taking the ROS to court. Even when DAP wins in court against the unlawful directive to the party to hold re-elections, the party would have to go to court again to fight a possible deregistration of the party. Despite the likely outcome of winning again in court against de-registration, the legal process and time taken of months and even years will put any political party that has been deregistered by ROS in limbo, which will not only be impractical but will threaten the party’s very survival and growth.

BN has been seeking revenge against the DAP since DAP historic victories in the 13th General Elections by winning its largest ever number of 38 Parliamentary and 107 state seats nation-wide as well as contributing towards PR winning the popular vote of 51% and pushing BN to be a minority party. As a minority government, BN has shown that it has no qualms and hesitation in either acting unlawfully or practicing double-standards.

For this reason, despite the strong legal position of the DAP that the directive of the Registrar of Societies that the party holds fresh CEC elections in that that directive does not have the sanctity or authority of law, the DAP has no choice but to forestall any possible future action by the ROS of further abusing its powers by de-registering the party.

This decision is painful when the CEC election in December 2012 last year was properly and cleanly conducted except for a computer glitch caused the wrong announcement of the successful candidates. DAP had immediately rectified it and even got an accounting firm to verify the corrected results. There was no mistake either in vote counting or tabulation but only in posting the results, leading to one candidate Vincent Wu wrongly announced as a successful candidate when it should be Zairil Khir Johari.

This mistake had been duly rectified by reinstating Zairil Khir Johari as the winning candidate. DAP had fully explained this honest mistake to the officials from the Registrar of Societies by furnishing all relevant materials. The mistake was admitted voluntarily by DAP without being exposed by ROS or BN in the interests of upholding transparency and accountability. DAP is now being punished for being honest and truthful.

ROS wants to make winter out of spring of justice, democracy, freedom and hope offered by the DAP. DAP leaders have taken the difficult, painful and unpalatable decision to face the reality of the brutality of ROS abuses of power and refused to be deluded by any hope that the ROS still respects the rule of law. For this reason, DAP is compelled to follow the ROS directive to hold re-elections to force the spring to continue.


—–BM Version —

Kenyataan Media oleh Setiausaha Agung DAP merangkap Ahli Parlimen Bagan, Lim Guan Eng di Kuala Lumpur pada 16 Ogos 2013.

Demi mengelak kemungkinan pembatalan pendaftaran parti oleh BN, DAP tidak boleh tewas kepada kekejaman Pendaftar Pertubuhan (ROS) yang bersifat menindas mahupun mempunyai sebarang andaian bahawa ROS mempunyai sebarang rasa hormat kepada kedaulatan undang-undang.

Demi mengelak kemungkinan pembatalan pendaftaran parti oleh BN, DAP tidak boleh tewas kepada kekejaman Pendaftar Pertubuhan (ROS) yang bersifat menindas mahupun mempunyai sebarang andaian bahawa ROS mempunyai sebarang rasa hormat kepada kedaulatan undang-undang. Pimpinan DAP akan mengadakan jelajah ke setiap negeri untuk menerangkan rasional keputusan terbaru selepas mesyuarat Jawatankuasa Eksekutif Pusat (CEC) sessi 2008-2011 Khamis depan untuk mengadakan pemilihan semula.

Tidak ada keraguan lagi bahawa ROS telah berulangkali berkelakuan tidak profesional, tidak beretika malah tidak menepati undang-undang dengan mengumumkan kepada media perkara-perkara yang tidak berasaskan fakta. Daripada bergantung kepada fakta dan maklumat yang disediakan oleh DAP yang turut disahkan oleh firma perakaunan, ROS nampaknya lebih percaya kepada penipuan tidak berasas seorang manusia yang tidak wujud bernama Father Augustus Chen, Utusan Malaysia dan New Straits Times; bahawa 753 perwakilan DAP telah dinafikan hak mereka untuk hadir kongres DAP di Pulau Pinang atau wujudnya 547 ‘perwakilan hantu’ menghadiri kongres tersebut.

Keputusan pahit dan menyakitkan yang dibuat oleh pimpinan parti dalam mesyuarat tergempar CEC 2012-15 pada hari Rabu lalu untuk mengadakan pemilihan semula adalah semata-mata untuk mengelak daripada memberi peluang kepada ROS untuk menyalahgunakan kuasanya dengan membatalkan pendaftaran parti. Sudah ada banyak contoh salahguna kuasa ROS sebelum ini dan tindakan ‘double standard’ termasuklah dengan tidak mengambil apa-apa tindakan terhadap pemilihan parti SUPP pada tahun 2011 berbanding tindakan pantas mereka yang tidak menepati undang-undang dengan mencampuri urusan pemilihan parti pada tahun 2012.

Pengumuman oleh Menteri Dalam Negeri, Datuk Ahmad Zahid Hamidi, sebelum pun pihak ROS memaklumkan kepada DAP bahawa parti diarahkan untuk mengadakan pemilihan semula adalah petunjuk jelas bahawa ROS adalah tidak bebas mahupun tidak berpihak malah bertindak semata-mata menurut arahan politik BN. Lanjut, permintaan berulang kali daripada pihak DAP kepada ROS untuk melihat aduan-aduan yang yang dibuat terhadapnya langsung tidak membuahkan hasil.

Akhirnya, keengganan ROS yang begitu mengejutkan untuk bertemu dengan saya atas kapasiti saya sebagai Setiausaha Agung DAP seperti yang dimaklumkan kepada Setiausaha Organisasi Kebangsaan DAP, Anthony Loke pada hari Rabu 14 Ogos 2013, bukan sahaja tidak profesional malah membuktikan bahawa ia memang berniat menindas, menekan dan membungkam terhadap DAP. Pimpinan DAP tidak boleh bertindak pasif malah mesti bertindak proaktif menghadapi serangan yang begitu jelas berniat jahat terhadap parti.

Jelas sekali bahawa wujud pilihan perundangan bagi DAP mendapatkan semakan kehakiman terhadap keputusan ROS yang jelas tidak sah di sisi undang-undang dan bertentangan dengan Seksyen 18A, 18B dan 18C Akta Pertubuhan 1966. Namun dalam berhadapan dengan sikap bermusuh ROS yang jelas berniat menindas, menekan dan membungkam; terdapat kerisauan daripada pimpinan tertinggi bahawa memfailkan semakan kehakiman hanya akan mencetuskan tindakan lanjut daripada ROS dengan membatalkan pendaftaran parti.

Tidak dapat diragukan lagi bahawa tindakan membatalkan pendaftaran parti oleh pihak ROS juga adalah salah dari segi undang-undang. Namun, pembatalan pendaftaran adalah satu risiko yang tidak dapat ditanggung oleh pihak parti hanya untuk membawa ROS ke mahkamah. Kalaupun DAP menang di mahkamah ke atas arahan tidak sah untuk mengadakan pemilihan semula, parti akan tetap perlu ke mahkamah lagi untuk menentang kemungkinan parti dibatalkan pendaftarannya. Walaupun terdapat kemungkinan menang sekali lagi terhadap pembatalan pendaftaran, proses mahkamah dan masa yang diambil barangkali berbulan atau bertahun akan meletakkan mana-mana parti politik yang dibatalkan pendaftarannya oleh ROS dalam keadaan digantung tak bertali, yang bukan sahaja tidak praktikal malah akan mengancam kemandirian dan pertumbuhan parti.

BN telah berusaha membalas dendam terhadap DAP semenjak kejayaan bersejarah DAP dalam PRU ke 13 dengan memenangi bilangan kerusi terbesar dalam sejarah sebanyak 38 kerusi Parlimen dan 107 kerusi DUN di seluruh negara, yang turut menyumpang kepada kemenangan Pakatan Rakyat mendapatkan undi popular sebanyak 51% lantas menolak BN menjadi sebuah parti minoriti. Sebagai sebuah kerajaan minoriti, BN telah memperlihatkan bahawa ia tidak ada masalah dan tidak teragak-agak untuk bertindak bertentangan dengan undang-undang mahupun secara double standard.

Atas sebab ini, walaupun DAP mempunya posisi undang-undang yang kukuh bahawa arahan Pendaftar Pertubuhan supaya parti mengadakan pemilihan semula adalah tidak berasaskan kuasa perundangan yang tepat; DAP tidak ada pilihan lain selain membantutkan apa-apa tindakan lanjut daripada pihak ROS untuk menyalahgunakan kuasanya dengan membatalkan pendaftaran parti.

Keputusan ini amat menyakitkan, apabila pemilihan CEC Disember tahun lalu telah dilaksanakan dengan betul dan bersih kecuali kerana kesilapan komputer yang mengakibatkan terjadinya pengumuman yang salah untuk calon-calon yang berjaya. DAP telah bertindak cepat membetulkan kesilapan tersebut malah telah mendapatkan khidmat firma perakaunan untuk mengesahkan keputusan yang telah dibetulkan. Tidak wujud kesilapan dalam proses pengiraan undi mahupun penjumlahan tetapi hanya dalam pengumuman keputusan terbabit, yang mengakibatkan seorang calon, Vincent Wu disalahumum sebagai calon yang berjaya sedangkan sepatutnya yang diumumkan ialah Zairil Khir Johari.

Kesilapan ini telah dibetulkan dengan mengembalikan Zairil Khir Johari sebagai calon yang berjaya. DAP telah memberi penjelasan penuh tentang kesilapan yang tidak disengajakan ini kepada pegawai-pegawai daripada ROS dengan memberikan mereka semua dokumen dan bahan yang perlu. Kesilapan tersebut telah diakui secara sukarela oleh DAP tanpa didedahkan oleh ROS ataupun BN demi menjaga kepentingan prinsip ketelusan dan akauntabiliti. DAP kini dihukum kerana bertindak jujur dan bercakap benar.

ROS mahu memburukkan persepsi baik terhadap DAP yang menawarkan keadilan, demokrasi, kebebasan dan harapan. Pimpinan DAP telah mengambil keputusan yang begitu sukar, menyakitkan dan sukar ditelan untuk berhadapan dengan realiti dan kekejaman salahguna kuasa ROS dan tidak mahu diperdaya dengan harapan bahawa ROS masih menghormati kedaulatan undang-undang. Atas sebab ini, DAP terpaksa mengikut arahan ROS untuk mengadakan pemilihan semula demi meneruskan persepsi dan harapan yang baik tadi.


—-Mandarin Version —



在避免国阵的机构可能撤销行动党注册,行动党绝不能屈服于社团注册局的压迫,也不再对社团注册局能够遵从法治抱有任何幻想。上届(2008-2011年)中委会将在下周四召开会议讨论重选事项后,行动党领袖将会到各州巡回解释重选事宜。 毫无疑问,社团注册局一再地表现其不专业、不道德、不合法的行为,他们在没有事实根据的基础上发表媒体声明。尽管行动党已经提供所有的事实与资料,并且由会计公司验证,社团注册局宁可相信一个不存在的人物“陈奥吉斯特牧师”、《马来西亚前锋报》及《新海峡时报》所发表的谎言,指753名行动党代表被拒绝出席槟城的党员代表大会,或是547名幽灵代表出席的代表大会。




很明显地,我们还有法律途径,可以让行动党针对社团注册局的决定寻求司法检讨,因为它明显地抵触1966年社团注册法令第18A, 18B及18C条文。但是,在社团注册局以公然敌对的态度进行压迫、镇压及压制的情况下,最高领导层有理由相信,入禀司法检讨,可能进一步导致社团注册局直接撤销行动党的注册。








Wednesday, August 7, 2013

Selamat Hari Raya Aidilfitri

Wishing ALL Malaysians Selamat Hari Raya Aidilfitri

Happy Holiday

Think, eat, sleep, enjoy as Malaysians

Not only umno must reform/change, every Malaysian in one way or another should reflect upon one self and make the necessary reform/change

Lower the temperature, let us celebrate Hari Raya as a true full pledged M'sians wishing each other without any thoughts of race or religion

Tuesday, August 6, 2013

Fictitious “Father Augustus Chen” given seven days to surface and prove he is not a phantom – failing which would RoS reconsider his decision?

By Lim Kit Siang

I have said that “Father Augustus Chen” whose booklet “The Equity Report (CEC Election Fraud)” is used as authority by Umno/BN leaders and the Registrar of Societies to invalidate the DAP Central Executive Committee (CEC) elections last December is a fictitious figure and a total figment of imagination of the Umno/BN “war-room psy-war” campaign against the DAP before and after the 13th General Elections.

Today there is further confirmation that the lies and falsehoods about election irregularities in the DAP CEC elections last year has become fodder in the upcoming UMNO party elections when Utusan Malaysia reported that the UMNO MP for Kuala Pilah and Minister for Domestic Trade, Co-operatives and Consumerism Datuk Hasan Malek has confirmed that he would be contesting for the UMNO Supreme Council elections in October this year.

It was Hasan Malek who over the weekend quoted the fictitious figure “Father Augustus Chen” as authority for the decision by the Registrar of Societies director-general Datuk Abdul Rahman Othman directing the DAP to hold CEC re-election.

Two dubious records are set here –firstly, it is the first time in the 56-year history of public law in Malaysia where Cabinet Ministers and public officials are depending on a fictitious character to justify their decision, and secondly, relying on a scurrilous publication which is no different from a “poison pen letter” which is published against the law as it does not carry the required identity of the printer and publisher.

Yet this “poison-pen” booklet, published by a fictitious character, was given high profile in the Umno-BN controlled media, after a lot of funds and resources were invested in it, with its publication in four languages in Bahasa Malaysia, English, Chinese and Tamil, and distributed in huge quantities for free and general distribution.

Are Cabinet Ministers like Hasan Malek and the Registar of Societies director-general prepared to vouch that “Father Augustus Chen” exists and is not a phantom created by the Umno-BN “war-room psy-war” campaign against the DAP?

Let us give the fictitious “Father Augustus Chen” seven days to surface and prove he is not a phantom – failing which, would the Registrar of Societies reconsider his decision on DAP CEC re-election?

I myself would not mind CEC re-election to be held as it would expose the lies and falsehoods about election irregularities and fraud in the CEC election last December, but an important principle of public law is involved here, that the Registrar of Societies must have valid and reasonable grounds before directing a political party to hold party re-elections.

UMNO, MCA, Gerakan and MIC will be holding party elections in the next few months.

Is the RoS claiming that he would have the power to direct UMNO, MCA, Gerakan and MIC to hold party re-elections based on complaints made to the RoS and never forwarded to the political party concerned, and without giving acceptable and reasonable grounds for ordering party elections?

Trapped in a vicious cycle

By Mariam Mokhtar | Malaysiakini

“Malaysia is more dangerous than South Africa,” were the parting words of a retired couple who returned to Johannesburg after a failed attempt to live in Malaysia under the ‘Malaysia My Second Home’ (MM2H) programme. Friends of the couple said they had feared for their own and their family’s safety.

Unlike this South African couple, ordinary Malaysians are trapped in a vicious cycle of emboldened criminals, an inept police force and a government in denial. Few have access to guns like the Tan Sri who recently shot dead a thief at a clinic in Kuala Lumpur.

Owning a gun is not what Malaysians desire. We want a police force which is committed to tackling crime and not being the lapdog of Umno Baru. Cabinet ministers deny that a state of lawlessness exists. They issue statements and are then trapped by their own spin.

Former home minister Hishammuddin Hussein, more noted for his incompetence than his achievements in office, had complete disregard for the concerns of the public. He ridiculed the rakyat after they complained about rising crime levels and told them that increased crime was only a “perception”.

In October 2012, the government’s efficiency-monitoring unit Pemandu released data which appeared contradictory. This prompted the DAP’s Tony Pua to request from the home minister, a detailed breakdown of statistics, according to categories of crime.

Hishammuddin said the statistics were not available: “…the ministry is of the view that it is not plausible to present the detailed statistics for each crime category according to the various districts in Selangor and all states…”

He knows that BN’s fabricated crime figures would be exposed if the statistics were released.

What would Hishammuddin and his family know about crime when they have 24-hour security and well-guarded properties? Many Umno-Baru politicians enjoy the trappings of high office which closely resemble an aristocratic life of pomp, pageantry and pampering.

In 2010, PKR’s Tian Chua revealed that the police had lost 36 semi-automatic pistols, 51 revolvers and two sub-machine guns since 2001. The loss also included 49 motorcycles, three cars, one van and one 4WD.

Were these items lost through carelessness or were they stolen? What steps have been taken to ensure that the mistakes are not repeated?

Three years ago, the MCA president Dr Chua Soi Lek allegedly called Penang Chief Minister Lim Guan Eng a liar, when a Bernama report alleged that Lim had said that kidnappings were common in Johor.

Chua said: “If he really said that, then Lim Guan Eng is a liar….As I come from Johor itself, I say the statement is very unfair. The crime rate has gone down and Johor is almost all the time the country’s top investor destination.”

Today, Chua is trapped by his own words.

‘Political meddling’

The country has seen an unprecedented rise in gun crime, with six shootings recorded last week. Why did it take the murder of the Arab-Malaysian Development Bank founder Hussain Ahmad Najadi, to wake Umno Baru president Najib Abdul Razak from his hibernation?

Did Najib address the nation because the high-profile murder of a foreigner would dent his image overseas? Was he afraid that his silence could be used against him in the Umno general assembly?

Najib said he was prepared to consider giving the police “whatever they required” to fight crime, provided these requests were reasonable and affordable.

Why the hypocrisy? His spirit is not willing and his flesh is even weaker. The police will never be given the independence they need to operate effectively. Umno-Baru finds the police useful for hounding opposition politicians, activists and dog trainers.

If Najib were sincere, he would push for the Independent Police Complaints and Misconduct Commission (IPCMC). Deputy Home Minister Wan Junaidi Tuanku Jaafar fears that, with the IPCMC, police personnel would end up being treated worse than criminals. Only an Umno Baru politician would be capable of making stupid remarks like that.

When the former police chief Musa Hassan exposed corruption in the police force, we were angry with him for waiting until he had left office before making the revelations.

Musa had also complained about political interference. So, has Najib stopped this political meddling? Has Najib even begun to investigate any of the points raised by Musa? Have any conclusions been drawn, or is Najib afraid of revealing a can of worms?

Musa’s allegations of the police being linked to criminal syndicates are not new. We heard about them over 20 years ago, but what has been done?

Last week, Inspector-General of Police Khalid Abu Bakar fumed over the Singaporean newspaper The New Paper’s headline, ‘Welcome to Malaysia where… death is cheap and staying alive costly’.

There is some truth in the claims of the article, although it omitted to mention that inflation has increased the cost of arranging contract killings. In the nineties, an Ipoh man claimed that hacking off a limb would cost RM200 and that taking someone’s life would cost RM400.

Why two reports?

Today, Ipohites who are victims of crime, are angry when told to make two police reports; the first brief report must be made at the police station which covers their area of residence or where the theft occurred, whilst the second detailed report is to be made with ‘Team A’ at the police headquarters, opposite the Ipoh railway station.

Why two reports? Have the police so much time on their hands, that they feel it necessary to waste the rakyat’s time and taxpayer’s money, too?

Victims of crime are already traumatised. Must they go through more agony, this time at the hands of the police? Not everyone can spare money for travel, or time off from work or their hospital bed, to make several reports.

There are many stories of police incompetence or delay in reaching the scene of the crime. Some victims claim that the police are either too lazy or incapable of taking any forensic evidence.

In one case, the victim whose car was a write-off after a drunk driver drove into him, was told by the police not to mention the drunkenness in his report. Why? Others allege that the police brow-beat the victims into making very brief police reports. Is this to save police time or reduce their work load?

Khalid accused the Singaporeans of being busybodies, whilst Utusan Malaysia went further and claimed that jealousy was a contributory factor in the controversial headline.

Instead of quibbling about newspaper headlines, Khalid should act to reduce the crime rate of Malaysia. He faces a difficult task because he will be trapped in a mire of corruption created by rogue policemen, a corrupt judiciary and corrupt Umno Baru politicians.

“Selamat Hari Raya to everyone. Maaf zahir dan batin. When you balik kampung, spread peace and goodwill, and tell everyone you can about the injustices of Umno Baru.”

MARIAM MOKHTAR is a non-conformist traditionalist from Perak, a bucket chemist and an armchair eco-warrior. In ‘real-speak’, this translates into that she comes from Ipoh, values change but respects culture, is a petroleum chemist and also an environmental pollution-control scientist.

It’s Not About the Chinese, Syed Ali!

By Kee Thuan Chye | Yahoo

If Umno Cheras division chief Syed Ali Alhabshee thinks he’s reaching out to the Chinese by asking them to tell Umno why they did not support the ruling Barisan Nasional (BN) at the 13th general election (GE13) and what they are unhappy about, he’s still missing the point. The rejection of BN at GE13 is not about the Chinese. It’s about governance.

Good governance and an end to corruption are among the things every caring and intelligent Malaysian wants. Why does he single out the Chinese?

True, many Chinese care about the country and therefore want it to do well, and they don’t think that under BN rule, it will, so they voted for a change of government. But then so did a few million others comprising Malays, Indians, Kadazans and Ibans who also care about the country and want a better government.

If Syed Ali can grasp this basic idea, he should instead be telling his own party’s leaders that they need to do much, much better to deserve being in government – in fact, to change. And change drastically. He should be telling them to stop playing the same old politics they are still playing, like exploiting the issues of race and religion to divide the people.

He should tell Deputy Prime Minister Muhyiddin Yassin to take back what he said on July 31 and even apologise for it: “Muslims do not insult the religion of non-Muslims such as Christianity and Hinduism. But non-Muslims are insulting our religion.” That’s the kind of inflammatory remark we can expect from an extremist, not from a deputy prime minister.

Yes, bloggers Alvin Tan and Vivian Lee did upset Muslims with their Ramadhan greeting over a bowl of Bak Kut Teh, but how could Muhyiddin discount Perkasa Vice-President Zulkifli Noordin’s belittling of Hinduism when he expressed scorn at Hindu gods, or Johor school principal Siti Inshah Mansor’s alleged remark in 2010 that the Indians looked like “dogs” when they wore their prayer strings?

It is distorted statements like Muhyiddin’s that polarise the people even more. And as the nation’s number two leader, Muhyiddin should have known better to keep his mouth shut instead of creating further tension on the issue. After all, what purpose does his statement serve? It only serves to revive anti-non-Muslim sentiments at a time when conciliatory measures are greatly needed.

But then we have seen many times before that this is how Umno leaders operate. It is also part and parcel of their desire to assert their supremacy over the populace, especially over those who don’t bend to them. Now, because Umno has won nine parliamentary seats more at GE13 compared to GE12, it is asserting itself even more. It is pandering to right-wing Malay-Muslim sentiments to consolidate the support from its ‘safe deposits’.

This is precisely the sort of thing that those who reject Umno-BN don’t want any more of. So whatever Syed Ali may say about Umno-BN wanting “the Chinese to be with us”, it is mere wishful thinking. If Umno-BN remains as it is and continues to behave the way it does, the Chinese and the others who voted against it will never trust it.

Syed Ali also says Prime Minister Najib Razak has done a lot for the Chinese and he therefore cannot understand why the community didn’t support Najib at GE13. But that’s not the point either.

It’s not about providing for a community – ANY community – but about providing what’s good and right for the country. It’s not about protecting the interests of Muslims or non-Muslims but about maintaining the rule of law and upholding fairness.

The prime minister must see to the needs of all citizens, regardless of race. So it is his duty to cater for the Chinese as much as he caters for the Malays, Indians, Kadazans, Ibans, etc.

The point is, has Najib done much, if anything, to bring about inclusiveness? Is the Government no longer discriminating against non-Malays in the civil service, the police, the armed forces, the universities, etc?

Has he been serious in addressing corruption? (Let’s not mention the “window dressing” he performed in co-opting former Transparency International Malaysia president Paul Low into his Cabinet.) What is the latest on the Malaysian Anti-Corruption Commission’s investigations into the alleged corruption of Sarawak Chief Minister Taib Mahmud?

Has Najib stopped the practice of cronyism? Are big projects still being handed out through negotiated contracts rather than open tenders? Will he institute reform as of now or will everything have to wait till after the Umno party elections in October so he can try to safeguard his position as Umno president and prime minister?

Syed Ali says Najib is a good prime minister. Does a good prime minister do things by halves? If we look at Najib’s four-year track record, we can see he has characteristically taken only half-measures to address needs and issues. He has not shown the courage to go all the way.

He repealed the Internal Security Act (ISA) – which, incidentally, Syed Ali disagrees with – but then he replaced it with the Security Offences (Special Measures) Act.

He announced last year that he would repeal the Sedition Act, but he also said he would replace it with the National Harmony Act. But now, a year later, no whiff of a draft has appeared. Lately, some of his Umno colleagues have been making noise about retaining the Sedition Act and Najib has been prompted to say that the replacement will retain the spirit and three main principles of the former act. This sounds like any change is going to be an illusion.

As for the other restrictive laws, Najib has not repealed the Printing Presses and Publications Act (PPPA) to free the mass media, or the Universities and University Colleges Act (UUCA) to liberate academia. He has only made a few amendments to them and therefore offered only half-appeasement.

He promised to reform Section 27 of the Police Act, which required police permits for public gatherings, but he brought in the Peaceful Assembly Act which still requires organisers of gatherings to notify the police 10 days ahead. That’s still like asking for a permit. What’s more, he sneaked in prohibitive measures like forbidding street protests and also forbidding gatherings from taking place near a long list of designated places, making the new law even more restrictive than the old one.

After GE13, when the people called for the Election Commission (EC) chairman and his deputy to be sacked and the body to be reconstituted to make it truly independent because it had shown bias towards the ruling party at the elections, he again met them only halfway. He announced that a special committee comprising members of Parliament from BN and the Opposition would be set up to oversee the EC to allay concerns about its partiality.

In view of all these things, if Syed Ali still says Najib is a good prime minister, then he is only a half-good one. And that is not good enough for the Chinese, Malays, Indians, Kadazans and Ibans who voted against his party and coalition.

This message should be quite clear now, and one hopes Syed Ali gets the point. If he still doesn’t and continues to ask the same dumb question, it will only confirm the belief that only a change of government will do. Anything other than that will only be a half-measure.

Kee Thuan Chye is the author of the bestselling books No More Bullshit, Please, We’re All Malaysians and Ask for No Bullshit, Get Some More!


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