New Record

....Hello Malaysia, still want to play with fire?

Oil passes US$120 a barrel

May 05, 2008 11:38 AM JOHN WILEN

The Associated Press

NEW YORK – Oil futures surged to a new record over $120 (all figures U.S.) a barrel Monday as supply threats emerged overseas and the dollar weakened against the euro. Retail gas prices, meanwhile, fell more than a cent over the weekend, offering further evidence that prices may have peaked for the year.

read more here and everywhere else in the net.

Faux Pas II

Unfortunately for the people of Perak, they are still procrastinating on the issue. The Perak DAP (with some help of their Penang counterpart) apparently did what I expected them to do. I blogged this with regard to the issue.

Source: Bar Council Website
Sultan has ‘no jurisdiction on transfer’
Monday, 05 May 2008 07:40am
• Zahid: Ngeh should be stripped of datukship• Pemimpin UMNO kesal Karpal, Koo Ham cabar titah Sultan Perak• Perak DAP Chairman shows true colour of DAP, says Ahmad Zahid©The Star
PENANG: Perak Sultan Azlan Shah has no jurisdiction over the transfer of Datuk Jamry Sury from the Perak Religious Department, Bukit Gelugor MP Karpal Singh said.“The constitution of Perak clearly provides that the Rulers must act on executive advice. “Sultan Azlan Shah did not have any say, as the Ruler of Perak, in the decision made by the state government and, by law, the palace cannot order the state government to reinstate Jamry,” Read more here


Yes, they are still at it. And I feel sorry for them.

Transgressing from the above issue, beg your pardon, I have the opportunity to watch the live telecast of today's parliamentary session. Overall good decorum shown by all throughout the 30-odd minutes (what goes beyond that I do not know!) of the live telecast. But it was a vast improvement from what we saw on previous "show".

Shaziman & Shahrir answered questions (+ supplementary questions). Shahrir certainly lead the way in showing the other parliamentarian on how to answer parliamentary questions with finesse and decorum while Dr Tan Seng Giaw did quite well in delivering his supplementary question to Shahrir without the needs of becoming the opposition while at it.

Only one part of that session put me off. Read here. It's the same person. Again.

I wish he himself would apply the Latin maxim *"De Minimis Non Curat Lex" (used in courts by lawyers such as himself), in his daily adventure there in the Dewan Rakyat. The "De Minimis" rule should be adopted by the parliament. Make some modifications, apply the maxim there.

We, the people, are paying the parliamentarian for their time there. So don't waste time and our good money on trivial matters.

I know, I know, without fear or favour. But this? Just to show your undying affection towards the dewan speaker. Not that.



*Latin Legal Maxim: "the law does not concern itself with trifles"
The law permits the qualification implied in the ancient maxim De minimis non curat lex. Where there are irregularities of very slight consequence, it does not intend that the infliction of penalties should be inflexibly severe. If the deviation were a mere trifle, which, if continued in practice, would weigh little or nothing on the public interest, it might properly be overlooked.'

What's In A Pic? II

.... a thousand words?




...or more than that?



2nd Pic courtesy of katataknak blog here

Exorcism Begins!

He needs to touch base. He needs to exorcise the ghost of PRU 12.

Now the exorcism begins. It started with Penangites last weekend. Not Penangites as in the people of the state but the Penang UMNO branch and divisional leaders. It will be a weekly affair in the run up to the UMNO branch and divisional posts contest this coming July and August and the biggest event of the year in December 2008.

It's going to be a weekend affairs I was made to understand. A weekend each for all respective state UMNO's branch and divisional leaders. There will be between 500-1000 branches/divisional leaders to attend this exorcism exercise every weekend. That's a lot of people to attend to every weekend.

Paklah or his circle of advisors must be thinking instead of him going to them, its better they come to him. Look what happened when I sent envoys previously to meet UMNO people in Kedah and Penang. Havoc! No more of that. Let them come to me.

Now back to the weekend event. Must have costs UMNO quite a fortune in holding this event every other weekend. Travelling, Food etc. Could have use the money for better purposes I think. But then again, it's UMNO money, not mine. It's their rights to see fit on how to spend it. "Ramah Mesra Bersama Paklah" must be one of those. After all it could all be worth while come this December.

The Malaysian insider has the scoop;

The Malaysian Insider has put together what transpired during the three-hour session. This was what happened:

On Abdullah as the party president and the succession plan

the general view was that he should continue to lead the party and if wants to contest the number one position at the party polls in December, Penang Umno will support him. But grassroots leaders wanted to hear it from Abdullah personally whether he was keen to lead the party.

They were puzzled with the constant talk about the transfer of power and succession plan. Abdullah settled the confusion by stating that he would defend his president’s position in December.

On conflicting statements by some Umno ministers.

No names were mentioned by party members who wondered why a few Umno ministers appeared either not supportive of policies put forward by the Abdullah administration or more interested in undermining him in party circles.

Should they still be retained as Cabinet ministers? Shouldn’t there be a Cabinet reshuffle? Abdullah side-stepped this question and suggested that now was not the time to tinker with the Cabinet.

On his leadership style

Party members said that Abdullah is too soft and that’s why some of his decisions are often not implemented. They urged him to add some steel to his leadership style.

In short, they want him to show authority and make sure that his policies and plans are carried through. Read more here

Reading from all that, it is clear, he needs to be re-elected as UMNO President comes December. Yes, Paklah made it clear; he wants to be President of UMNO still. So, will all this be enough? Will all this weekend affairs suffice when there are other exorcism exercises been carried out by others such as this one here and here, to exorcise instead the ghost they call "Abdullah Ahmad Badawi"?

In time we shall know.

BN (The Idea Of) No Longer Recognised?

Ong Tee Kiat (hereinafter referred to as "OTK") has this to say;

Read more Ong Tee Keat to MCA: Be multi-racial or be extinct
KUALA LUMPUR, May 4 — The largest Chinese-based party in Malaysia's ruling coalition must become multi-racial or risk extinction, a top official said, tacitly acknowledging that the country's mixed-race Opposition coalition is fast gaining ground with its message of equality for all.
Ong Tee Keat, vice-president of the Malaysian Chinese Association party, said his suggestion will probably "raise the eyebrows of conservative" members. But he said he was adamant in his view.
"I am strongly convinced that this is the way out for the party," Ong, who is also the Transport Minister, told the national news agency Bernama in an interview released today.

What does that tell me? Simply put OTK was of the opinion that the party should no longer be what it is today, a racial based party, but must move towards becoming a multi-racial instead. Only that can ensure its relevancy and survival.

MCA, a component party of Barisan Nasional, should they not be subscribing to the notion that was first brought by Perikatan alliance of which they are part of this one big family called Barisan Nasional? And by being a part of this "mother of all party" they are actually multi-racial in that sense. Are they no longer believed in the idea?

Reading from the above The Malaysian Insider news report, I don't see it as MCA's personal issue. It's bigger than that. For me, what OTK was trying to implore here to MCA party members was simply that the idea of Barisan Nasional is no more relevant. Isn't it so? That partisan politics have no more place in our nation political landscape.

What about the idea of Barisan Nasional to MCA then? If and when MCA submitted itself to the proposal put forward here by OTK would it safe to say that MCA from that day onwards is no longer subscribing to the idea of Barisan Nasional itself?

Having said that, it is safe to say also that the idea and concept of Barisan Nasional and as such Barisan Nasional in itself is no longer recognised?

What about UMNO, MIC and other racial based political party then? Are they not relevant anymore? Instead should we then have many more political party in the likes of GERAKAN, PKR and DAP (prima facie non-racial based political parties)? One quick reminder though, GERAKAN failed miserably (here in Penang at the very least) in the last general election.

Then again, what's the purpose of having too many non-racial based political parties when there are needs to ally themselves with the bigger multi-racial coalition such as those of Barisan Nasional and Pakatan Rakyat?

Do we really know what we want actually?

Are we really that mature as we like to think we are?

"Is It Really TDM?" He Asked.

Is this guy for real? The commentor I mean. I was shocked to read one of the comments in TDM's blog concerning his 2nd posting. The comment came from a blogger (profile not accessible, of course) requesting TDM to show proof whether that the blog is really his. The following is an extract of that comment

hanapi said...
is this really your blog?? if that so, prove it... there are so many people trying to disguise like someone famous such as u... i don't mean to be rude but, as someone who respect dr. mahathir very much, yee who try to fool anyone with some crap , i cannot tolerate... provement is a must, that only he can do it... May 2, 2008 6:40 PM

Come on hanapi... Look at the following statement, if that ain't the man himself, I don't know what is anymore. The following is an excerpt of Dr. M's 2nd posting:

Dr Mahathir Mohamad: A Weak Government is not good for Multi-racial Malaysia:

"As for my criticisms of the leaders of the present Government, I believe I have every right to do so. Retiring from the Government simply means giving up authority and power. It does not mean I must abdicate my role as a citizen. I have every right to be concerned over the flip-flopping mismanagement of this country and that of the party I helped to revive in 1987. The party does not belong to Dato Seri Abdullah alone. Nor is it meant to support him as leader even when he mishandled the elections and the country. The party does not belong to me either. It belongs to all its members. Presently the members are not permitted to be critical. They can merely say yes to what Dato Seri Abdullah says or does."

By the way Bar Council website is currently conducting an interesting poll, and as it is today, it sure is an interesting result bearing in mind the poll is being conducted at Bar Council website. See screenshot below;

Faux Pas

What a blunder!

PAS needs to get their act together. They have been playing this game for far too long. Anyway, how would their counterparts, PKR and DAP, react? Would they be singing to the tune of the royals or PAS? After all, it is the appointed MB of Pakatan Rakyat that got schooled here about the law, in particular with regard to separation powers by our own ex-Lord President of the Federal Court of Malaysia.

Or would they dare to come out and say that their MB has all the rights to act as such? After all, whatever the decision of a state MB is a collective decision of the said State Executive Council concerned. Correct me if I am wrong here. Last I heard in Perak it is still a "Kerajaan Campuran". It is still a coalition government of PAS, DAP and PKR and they are the state exco. Therefore the action, that got His Highness, the learned Sultan of Perak involved, must have been made by all of them, the Pakatan Rakyat government of Perak.

Now, would we be hearing many more "Daulat Tuanku(s)!" from them as what we have heard so many times recently when they were showing supports to the royals whenever the arch enemy, the BN or its government is seems at loggerhead with the royals?

For PAS especially, would they stand their ground as what they have demonstrated in recent Perlis and Terengganu MBs' fiasco and say that the royals do have the rights to interfere with government administration?

Sultan Perak titah MB tarik balik arahan pertukaran Pengarah JAIP
Utusan Online (Terkini)
02/05/2008 5:45pm

IPOH 2 Mei – Sultan Perak hari ini menitahkan Menteri Besar Perak, Datuk Seri Ir. Mohammad Nizar Jamaluddin menarik balik arahan pertukaran serta-merta Pengarah Jabatan Agama Islam Perak (JAIP), Datuk Jamry Sury.

Dalam satu kenyataan yang dikeluarkan di sini petang ini, Istana Perak mengingatkan Menteri Besar itu bahawa pelantikan Jamry adalah di bawah bidang kuasa Sultan Perak.

Read more here

Updated

Harakah Daily as at 11pm (2nd May 2008)

As at 11.00pm tonight, there's nothing in Harakah Daily website with regard to the issue at hand. Whatever it is, Perak state government has acted beyond their scope of powers when acting without royal consent. It's a good lesson to all. When I surf the Harakah Daily tonight, I taught I would see an immediate response, at the very least, a statement of apology from Perak State Government. There's none whatsoever.

Read full statement of His Royal Highness the Sultan of Perak here. Res ipsa loquitor!

Updated: 4th May 2008

MB Nizar will apologise. ... الحمد لل. Praise to God Almighty. Lesson learned.

Now, let's move on.

May 03, 2008 20:34 PM

Source: BERNAMA

Perak MB To Seek Audience With Sultan To Apologise
IPOH, May 3 (Bernama) -- Perak Menteri Besar Datuk Seri Mohammad Nizar Jamaluddin will seek an audience with the Sultan of Perak Sultan Azlan Shah soon to apologise over his action in ordering the transfer of the state Religious Department (JAIP) director."I fully respect and will always humbly abide by whatever decisions by the Sultan of Perak. I will seek an audience with His Royal Highness to hand over my letter of apology as soon as possible," he said in a statement issued to Bernama here today.Yesterday, the Sultan directed Mohammad Nizar to withdraw the transfer order issued to Datuk Jamry Sury on Tuesday and to reinstate him as the state Religious Department director.

A statement on the matter was issued by the Sultan's private secretary Datuk Abd Rahim Mohamad Nor, which also directed Mohammad Nizar to have an audience with the Raja Muda Raja Dr Nazrin Shah to explain the transfer.It also stated that in the event that Jamry had breached any rules or committed any offence as regards the administration, the state government is required to submit the matter formally to the Sultan for him to make a decision on the necessary legal process before any final decision is made.Jamry, who has been the state Religious department director since 2004, was issued with a 24-hour transfer order by the Pakatan Rakyat government on April 29 for allegedly refusing to cooperate with the government.

Mohammad Nizar had played down Jamry's transfer, saying it was a normal transfer of a state government officer.-- BERNAMA

Influential People

DSAI is in top 100 of World Most Influential People according to TIME Magazine.

Congrats!

And so does the likes of Chris Rock, Kaka, Mariah Carey, Dalai Lama, Putin and so on and so on.

Anwar Ibrahim is at no. 85. See ranking here and the complete list according to categories here. He is being listed under the category of Leaders & Revolutionaries.

Paul Wolfowitz, former U.S. Deputy Secretary of Defense, inter-alia, has this to say about DSAI in that particular issue of TIME Magazine,

This devout Muslim leader was an impressive and eloquent advocate of tolerance, democracy and human rights. So we were shocked by his arrest and trial in 1998 on charges of corruption and sodomy. I felt his real "crime" had been to challenge Prime Minister Mahathir Mohamad, whose impressive record will be forever stained by his treatment of Anwar.

I joined Senator Sam Nunn and others to speak out in Anwar's defense. When he was finally released from prison in 2004, U.S. policy on Iraq was unpopular in Malaysia, and Anwar was harshly critical. It would have been easy for him to disown our friendship, but he is not that kind of person. He kept the channels of dialogue open, even while making clear our disagreements.

Read more here. Must be good friends this Wolfowitz and DSAI?

Is there another likely candidate for most influential person in our own backyard? Is he really that influential? Read here and here.

Updated:

The Malaysian Insider has the update to the story here. But please, do not believe everything that you read on the net "bulat-bulat"! Capish?

The Show Must Go On!

Sources: The Star Online (2nd May 2008)

Parliament live telecast to continue
The Star Online (Latest)

PETALING JAYA: The half-hour live telecast of proceedings in the Dewan Rakyat will continue.
Information Minister Datuk Ahmad Shabery Cheek is scheduled to announce the decision by the Cabinet at 4pm Friday.

That's what Shabery said. But the boss has some other ideas yesterday.

PM: Cancel telecast in Dewan Rakyat

By SHAHANAAZ HABIB

KUWAIT: The Prime Minister said he was ashamed at what had transpired in the Dewan Rakyat on Wednesday and agreed that live telecast of the proceedings should be scrapped.
Datuk Seri Abdullah Ahmad Badawi said he was in the Dewan at the time, adding what happened was just “too much.”

“I felt ashamed if people watched television and saw what was happening in our Dewan. In my heart, I also felt that all this happened because there was a live broadcast at that time.

Read more here

Talk about fickle minds.

Che Det Is Back!

As a blogger this time, the pseudonym "Che Det" is back.

A blog simply named "Dr. Mahathir Mohamad". What's in the name? Everything.

Bookmark the following URL in your IE favourites

http://www.chedet.com

because I am sure that you'll be visiting the site time and time again from now on. Welcome to the blogosphere TDM! Looking forward to your future posts. For now, he talks about the appointment of judges. As usual, he's talking sense.

Read Dr Mahathir Mohamad: The Appointment of Judges

Updated!
As at 1.09am 2nd May 2008 (about 24 hrs after his 1st posting), there were 42, 734 hits and 382 comments for the 1st blog entry. At this rate, Che Det's blog site will breach the 1 million hits mark in 3 to 4 weeks time.

Not bad for the grand old man of Malaysia (that some quarters say as not relevant anymore) who once told reporters (tongue-in-cheek, of course), "Don't ask me, I am a bread seller only, I don't know anything", not bad at all.

Syabas Tun!

People-centric

How I wish he could define it more.

People-centric projects will not be sacrificed: PM
By SIM LEOI LEOI
KUALA LUMPUR: Prime Minister Datuk Seri Abdullah Ahmad Badawi took the first question in the new Parliament by assuring the rakyat that the Government still had their interests at heart despite the rising cost of fuel and food prices.The Premier said it would not sacrifice “people-centred projects” that had been lined up under the Ninth Malaysia Plan, even if the Government should run short of the 9MP allocation.

Read more here

"People-centric". What is that? Can you be vaguer? Almost anything would fall under that category. Tell me what government projects that are planned and executed without having the people in mind?

What the PM says here would definitely be open for abuse. When I want it to proceed, I'll say "yes, that's a people-centric project" and when I don't want it to proceed (for lack of planning or [personal] interest), well I just say the otherwise. As and when I like it to be.

That's how vague the whole statement is.

Now tell me what are those projects that are not "people-centric"?

Dear PM, you have been elected to govern. And your party has elected you as the Prime Minister. Twice, mind you. Now, what does that mean? Simply put, you are now the policy maker cum executive. You plan and then you execute what you have planned.

People hired you to be prudent when making plans so that you can execute what have been planned. "Prudent" is the keyword here. What is happening now shows that previously those plans were not made prudently, when one after the other are bound for cancelation and postponement. Now, when you planned you must have contingency plan. "Contingency" is the keyword here. Or maybe that's the contingency plan, "No go for that project, it's not people centric enough". Clever!

Why the entire impasse now? What's with the sudden qualifications and provisos? I am trying my level best to be fair and let you make amends. But this? Come on, you can do better than this.

Don't keep blowing hot and cold. You are not hired for that.

My PM & SIL-1st Session of 12th Malaysian Parliament

Wah! That's the spirit.

With the placard "Kotakan Kata!” he sure is very motivated to make good the "not 2/3 majority vote" that his party had garnered in recent election.

Hopefully things will turn out for the better for the old man, how wishful thinking that may sound. Well, the PM has all the rights to make amends, let's be fair.

But what about this?

Khairy Jamaluddin (BN-Rembau) then got into the petty and childish act of counting words when he pointed out that Parliamentary Opposition leader Wan Azizah Wan Ismail (PKR-Permatang Pauh) had also asked a question that exceeded the 40-word limit as outlined in the Standing Orders.

But he got shot down as the Opposition lawmakers pointed out that her question had yet to be asked.

Read more here

Certainly not good for this eager beaver & man-in-a-hurry MP that comes with an Oxford reputation. ...Tak begitu? Poor SIL!

Kit Siang seems to have summarized it up for KJ and his "first day in school" experience when he lamented with regard to the whole proceedings. He said, "This is a very bad start, this a terrible start, this is an atrocious start for parliamentary proceedings in the 12th Parliament". Poor us!

Jokers & Clowns

They are still at it! Rugi ... I missed the live telecast. Live circus show! Damn shame, you know what, the series could be cancelled. It could be a pilot episode released only. Rugi ... it would be a good therapy session for some. Rugi ! tsk, tsk, tsk...

You can read it here though.

Updated!

Oh! Lucky us, we can view the "reality tv cum circus" pilot episode here. And here too, thanks to youtube (wink!)

Everything Must Be Moved! Everything Must Go!

Poor MP Jeff Ooi...

MP's car towed away outside Parliament

KUALA LUMPUR: An opposition MP had an unpleasant start in Parliament when his car was towed away by the traffic police for parking outside the Parliament house.Jelutong MP Jeff Ooi, was shocked when he could not find his car after attending the official opening of Dewan Rakyat and Dewan Negara by the King.Ooi said he was upset with the Parliament officials and the police as he was earlier instructed by the police to park outside the premises due to lack of parking space.
Read more here

Poor tanjong... bunga tanjong too has been infected with "all must move" virus...

Penang goes Balkis' way

R. Nadeswaran and Terence Fernandez

PETALING JAYA (April 28, 2008): Penang has joined the ranks of Selangor – transferring money from the wives’ association for “safekeeping” with – Bakti, the federal Association of Wives of Ministers and Deputy Ministers.

Although the amount is small compared to the RM9.9 million which was transferred by the Association of Wives of State Assemblymen and Members of Parliament in Selangor (Balkis), its Penang equivalent – Bunga Tanjung – could only spare RM350,000. But it’s the principle involved.

In an immediate response, Penang Chief Minister Lim Guan Eng said he is shocked by the turn of events and asked for the relevant documents, adding that the state government is seeking legal advice.“This is a chaitable organisation and not a Barisan Nasional (BN) organisation or a sendirian berhad. I want Bakti to return the money as soon as possible plus interests. After all, it is in an interest-earning fixed deposit account,” he told theSun.
Read More here

And moving on with the saga, balkis going all the way but with a twist...

'Not right for judge to act as adviser to Bakti'
Maria J .Dass

PETALING JAYA (April 29, 2008): It is inappropriate and wholly unacceptable for any member of the judiciary to act as legal adviser or in any legal capacity for any body or person while holding the office of a judge, says the Bar Council."More so if the body or person is associated with a state or federal government or a political party," said its president Datuk Ambiga Sreenevasan today.

“The Bar Council is deeply concerned by the report in theSun that suggests the involvement of a Court of Appeal judge as legal adviser to Bakti on matters pertaining to the transfer of funds from Association of Wives of State Assemblymen and Members of Parliament in Selangor (Balkis) and its Penang equivalent - Bunga Tanjung,” she told theSun.
Read more here

These charitable organizations surely are in no mood for charity. Maybe all of their hubbies lost in recent GE? Hence no more "wives of State Assemblymen and Members of Parliament"... Come on, don't be foolish. Really, who is actually giving these lovely ladies legal advice? Lawyers? Judge? Or their hubbies?

The Registrar of Societies should take action, fast. But what about current eligible members and "members-to-be" (wives of those ADUN & MP of Pakatan Rakyat) for those associations, why no injunction and such? Why only polemics in the media? Lache, not good ladies, not good at all. Don't listen to your hubbies. Take immediate action before its too late.

Stuck In The Middle With You

Surfing the web today, I just can't get my mind of Stealers Wheel's song "Stuck in The Middle With You". The song kept playing on and on in my heads as I headed for lunch. It's haunting me.

Yes I'm stuck in the middle with you,
And I'm wondering what it is I should do,
It's so hard to keep this smile from my face,
Losing control, yeah, I'm all over the place,
Clowns to the left of me,
Jokers to the right,
Here I am, stuck in the middle with you.

(View/Listen to the song here )

And that's your lawmakers, ladies & gentlemen! ...oopps mine too!

He Got A Point!

..it has been 51 days since but better late than never... now if only his party members would listen!

Pak Lah: Umno must serve, stop politicking

KUALA LUMPUR, April 28 — Fifty-one days after his ruling Barisan Nasional coalition was mauled at the polls, Umno president Datuk Seri Abdullah Ahmad Badawi said the party should serve the people's needs instead of getting distracted by internal politicking.

"Our party problems should not overshadow what the people need," Abdullah, who heads the Barisan Nasional government for a second term, told the media after chairing an Umno supreme council meeting in Kuala Lumpur.

Read more here

Federal versus State II

Another day, another story. Read 'No intention of cancelling projects' Confused lot? Hope not. Anyway, who blinked first? Who cares, eh? As long as the people gets what they wanted. Yes, suddenly everyone seems very cooperative. Read Penang CM disappointed over bridge delay.

Is this for real? Are we playing politicians instead of playing doctors?

No more drama please.

"Kebiasaannya" & "Secara Tradisinya"

Beliau berkata:

Ahmad sedia terajui UMNO Terengganu

Ini kerana, jelasnya, pada kebiasaannya Menteri Besar akan memegang jawatan tertinggi UMNO di sesebuah negeri bagi memudahkan urusan pentadbiran dan parti, bagaimanapun terpulang kepada Perdana Menteri yang juga Presiden UMNO, Datuk Seri Abdullah Ahmad Badawi untuk menentukannya.
''Secara tradisinya, Menteri Besar akan memegang jawatan nombor satu dalam parti di sesebuah negeri. Biasanya begitulah dan saya tidak akan menolak jika ditawarkan (jawatan)," ujarnya yang merupakan Ketua UMNO Bahagian Kemaman.

Tetapi bukankah "kebiasaannya" dan "secara tradisinya", Menteri Besar yang dilantik selepas sesuatu Pilihanraya Umum sekiranya BN memenangi pilihanraya berkenaan adalah Pengerusi Badan Perhubungan UMNO atau seorang ADUN yang mendapat kepercayaan majoriti Dewan Undangan Negeri untuk memimpin negeri?Bukankah "kebiasaannya" dan "secara tradisinya", Menteri Besar yang dilantik adalah ADUN yang dilantik oleh pucuk pimpinan parti? Bukankah itu kebiasaan dan secara tradisinya Datuk MB?

Mungkin UMNO boleh memulakan dasar "check and balance" daripada dalam UMNO sendiri dengan mengekalkan sistem seperti yang sedia ada di Terengganu dengan mengasingkan jawatan parti dengan jawatan di dalam kerajaan. Bukankah jawatan MB adalah jawatan kerajaan manakala jawatan Ketua Perhubungan UMNO negeri adalah jawatan parti? Tiada sangkut-paut antara satu sama lain sama-sekali.

Alang-alang Datuk MB telahpun membelakangkan kebiasaan dan tradisi, untuk dilantik sebagai MB sebelum ini, teruskanlah melakukannya (untuk membelakangkan kebiasaan dan tradisi) dengan menjadi MB pertama dari UMNO Terengganu yang bukannya Ketua Perhubungan UMNO negeri.

Sejak perlantikan (yang membelakangkan kebiasaan dan tradisi) Datuk MB sendiri sebagai Menteri Besar, bukankan itu "kebiasaannya" dan "secara tradisinya" yang berlaku?

Who will blink first? (Federal versus State)

Federal versus State.

Always an interesting issue that sparked debates among us, the students when I was studying Constitutional Law in University Malaya. Sadly nowadays I am more occupied to other civil matters pertaining to credit and loan recovery, land and chattel disputes, corporate litigation and personal tortuous claims. But let's make an exception tonight. Let's talk about Constitutional Law, about "Federalism", about the state versus federal, shall we?

Here goes. Unlike the U.S. where establishment of its government is based on pure "federalism," (ideal power sharing between federal government and the state governments), under the westminster system and the common law, which we in Malaysia adopted, is the opposite of federalism but more towards centralized governments. Simply put, federal government maintains total power over the state. Despite moving towards decentralization, doctrine of centralized government is fully adopted in countries such as England and France. Having said that, unfortunately so for Malaysia, it is not such a clear cut case and some adjustment needed for total adaptation, of the common law and applicable doctrines, despite the Federal Constitution has provided specific powers and controls to both, federal and state governments. To an extent, although Malaysia is a federal state, political scientists have suggested that its "federalism is highly centralized". Isn't that confusing?

This is because when it comes to man made law as oppose to God's law, there are lacunas and overlaps in which detail judicial interpretation are needed to determine the situation and further addressed the conflicting instances.

Oh! Yes, there are saving clauses in Federal Constitution for Federal Government to overrule the States but such saving clause are not that effective when it comes to our unique nation as what we have seen in recent constitutional dilemma such as that in Terengganu recently pertaining to an issue with regard to appointment of its Chief Minister. If that is the case, can't we just go to court and resolved all this issue once and for all? Easier said than done. Yes, I am a lawyer and I shouldn't say all that but as we all know to go through all that proper channels just to determine the grey arrears with regard to what are yours and what’s mine would mean precious time and money. That luxury, we as a developing nation, does not have.

You said it! I am taking into consideration the element of common sense here as opposed to law purely. That's why I am calling this blog as the place "where law meets common sense"! Now, what about Malaysian and its current situation, in particular, somewhat closer to home, most recent impasse facing the delivery of several development projects here in Penang. A point on issue is as what reported in The Malaysian Insider below:

Federal government threatens to scrap Penang monorail project
PENANG, April 26 ─ All pretence was dropped today when the federal government signaled that it would scrap the monorail project and other infrastructure projects in Penang if the state government does not play ball. Also in the frame to be cancelled is the expansion of the Penang airport, the Insider has learnt.

Delivering the government’s hardline message was Second Finance Minister Tan Sri Nor Mohamed Yakcop. This approach could spook foreign investors who have adopted a wait-and-see attitude after Election 2008 put the Barisan Nasional back into control but placed five states in the hands of Pakatan Rakyat.Investors wondered whether there would be mature cooperation between the Federal government and the five states or whether political posturing would be the order of the day.

Speaking to reporters in Penang, Nor Mohamed noted that the federal government had not received any approvals from the state government on the monorail project. “If the state government has other plans with regard to the monorail, we are not doing it. The project is scrapped."

Ultimately in this show of power, the people of Penang will be at the losing end, not the "non 2/3 majority" elected Federal government nor the newly formed State government. Projects can be scrapped and projects can be put on hold. 5 years is a very short period for politician and they can afford to halt certain development just to make some political points. After all, 5 years is just about coming from one General Election to the other for them.

But for the people, they cannot afford to wait 5 years. Without progress and development their present livelihood could not longer be sustained. Having to wait for 5 years would mean hell for some. It is an interesting time we are living now and a more mature approach and a higher level of tolerance must be sought with regard to the workings between both, the federal and state government to ensure that the people will not suffer in the process.

Politics must be put aside. To adjourned or worst scrapped development earmarked for the state would be more like punishing the people and not the state government. Simultaneously, to make past state government pays to the extend of launching vigorous witch hunt and halting all prior planning made by them is also tantamount to punishing the people. The same people that have put you in your place as the ruling state government. Now is not the time for vengeance. Now is the time to show your worth and sensibleness.

Keris

One stop waving his keris and now safely keeping the keris where it belongs..

Finally, Hishamuddin Apologizes For His Keris Waving

The Malaysian Insider

KUALA LUMPUR, April 25 — It’s over. The single act which alienated many Malaysians and was responsible for driving many Chinese and Indians into the clutches of the Opposition will not be repeated. Umno Youth chief Datuk Hishammuddin Hussein today cut his losses and apologised for the keris waving act which he introduced as an opening gambit at the Umno assembly three years ago.

His colleagues in the Barisan Nasional Youth were surprised when he broached the subject of the keris during their closed-door meeting. He said that it was time he offered Malaysians an apology over the act which was criticised as a saber-rattling and threatening gesture towards non-Malays.

Otherwise, it would be difficult to move on politically, he said. Officially, he will have to get the support of the Umno Youth exco before canning the keris act but in reality that is just a formality for a politician who commands a strong grip on the wing.

While the other one is coming out with "all keris(es) blazing"...

Ku Li tetap bertanding Presiden UMNO

25/04/2008 9:50pm

Utusan Online (Terkini)

KOTA BHARU 25 April – Ketua UMNO Bahagian Gua Musang, Tengku Razaleigh Hamzah akan tetap menawar kan diri untuk bertanding jawatan Presiden Umno pada pemilihan parti pada Disember walaupun berlaku perali han kuasa.

Beliau berkata, peralihan kuasa di antara Perdana Menteri Datuk Seri Abdullah Ahmad Badawi dan Timba lan Perdana Menteri, Datuk Seri Najib Tun Razak tidak ada kena mengena dengan parti dan beliau mempunyai hak untuk bertanding sekiranya mendapat pencalonan yang mencukupi.

“Soal UMNO bukan kerajaan, saya cuma menawar diri kalau cukup pencalonan daripada bahagian untuk UMNO, tidak ada kena mengena dengan kerajaan..".

What’s next?

P/S

KJ, we are missing you bad... (wink!)