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Tuesday, March 25, 2008

After 50 years of Independence - Politics & Conflicts in Malaya Part 1.

A Short History of the making of Malaya.

Malaya was unique in many aspects, not just in terms of its ethnic composition but more so in terms of its history. For the purpose of this discussion we are going to limit ourselves to the period of just prior to her independence from a political perspective. During the WW2 the (CPM) Communist Party of Malaya were fighting the (Japs) Japanese with arms supplied by the British. The Chinese, formed the bulk of the CPM, they had to fight the Japs, they had no choice, the Japs was their sworn nemesis and mortal enemy for many generations.

The CPM fought the Japs under the banner of MPAJA, Malayan People Anti Japanese Army. It was through this war probably the Chinese developed the sense of feeling that Malaya was theirs and they took the credit for defeating the Japs, though that was not the whole truth. After the WW2 ended the CPM managed to rule Malaya for some 10 days, it was a nightmare to many. There was a power vacuum, due to the time required by the British Army and Bureaucrats to return to Malaya. By the time the British arrived, the CPM already turned Maoist and heavily influenced by the successes of Mao in China, were asking for independence. So were the Islamists and the Nationalists whom the Japanese had promised Independence just within days after their surrender, after without the slightest mercy and devoid of any humanist values, the American, nuked Hiroshima and Nagasaki casing considerable civilian death and sufferings, obliterated probably all kind of living things there. History recorded that the Americans were the first and only Nation to ever used a nuclear bomb.

The British had no choice, due to the popularity of the Independence movement. The British had to pick out their own choice of leaders and Malaya was given independence by her colonial masters on 31st August 1957, ironically when the war with the CPM was still on, known in our history as the period of "emergency". With the participation and assistance of the British and soldiers from other Commonwealth countries, the CPM was then losing ground and they were fighting according to the classic Mao Tze Tung guerrilla theory, "from the jungles we circled the cities and take it one by one." Thus, even though it was an internal security matters, more Malaysian soldiers, especially from the Malay ethnic group answered the call for the defense of the motherland, were recruited and beef up those from the Commonwealth countries to fight a guerrilla war. Our soldiers and the army from many Commonwealth countries were used against an internal threat and not an external aggression.

Malaya and Education.

Some 50 years earlier, prior to the Japs occupation, the British together with the lower ranking expatriates were running Malaya. These expatriates were mostly make up of Ceylonese and those from the Indian subcontinent. They were known as the "Government Servant". It seems that the British had encounter difficulties in getting the Malays to fill up their offices. So too were, in their industries and businesses. While the laborers for their estates mainly came from the lower caste in India, the mining industry and the industrialist and merchants classes were hugely from China. Ironically though these countries do have sizable numbers of Muslims, more than Malaya itself. The Muslims were not included in these imported laborers, industrialists and merchants. Thus, these action created some problems in assimilations. Education, the problem of a National language and a common identity too become a sore point and is still an ongoing debate.

During this period, the British had opened many schools, both missionary and government funded schools in major towns, these schools were flooded by the children of these new immigrants who settled in the major towns by large numbers. The Sultans of 4 states, out of concerned, do not wish to leave the reins of this country, being managed by these imported "government servants". Thus the Sultans had a Royal Conference - and come up with the establishment of the well known school The Malay College, in 1905, located in the Royal Town of Perak, Kuala Kangsar. Initially it was meant for the upper echelon of the society and was design or suppose to produce Civil or Public servants. As a twist in history, with the emphasis in Science since the late 60's, this school ends up producing more Scientists, Doctors, Engineers and Technologists.

Defeating Communism in Malaya.

During the "emergency" the Malayans rallied around the forces promoting Nationalism. Tengku Abdul Rahman (Tengku), who later became the first Prime Minister, a western educated liberal and archenemy of communism, managed to turn the table against the CPM. When the CPM refused to lay down their rifles and did not wish work for independence through peaceful means. The CPM as a stated goal wanted independence by the used of force and to oust the British out of Malaya through the barrel of the gun. Using this attitude of the CPM the Government propagandist then, Mr. C.C. Too, had managed to turn the 'winner take all' conflict' in favor of Tengku. He garnered huge gains and tremendous support for Tengku, by making the CPM as the bad guy in the Baling talks. There were no further talks after that and the CPM was banned as an political and social organization.

In his efforts to pursue independence, Tengku flew to London. In London then, their house of common make two interesting points. Firstly, the British is the first Imperial Power to defeat Communism and they did it in Malaya. Secondly, the British had two enemies in Malaya - one from the jungles (reads CPM) and two from the Gunung (read Gunung Semanggol, PMIP(PAS) started there). PAS was resilient, PAS stayed on participating in every election until today. Later in Sept 1963, Sabah, Sarawak joined Malaya. Singapore did too but only to leave later.

Tengku bring back wealth, money that were taken out of Malaya by the British Colonial masters were utilized for infrastructure and social development. Tun Razak further opened new agriculture land, Oil was then found, an the general theme of economic development became an election promise – time and again. Until the citizens started to question the obvious poor delivery system which lead to poor distribution.

Siege Mentality

Until today those who offer their services to the government prefer to refer themselves as "government servants". I am of the opinion that that this term was cooked up by our colonial masters. It is a sort of a psychology to give the "under siege" mentality. To add salt to the wound, we are also a Commonwealth countries and as an individual we are a British Subject. It is sort of a polite way of saying that we belong to the same body politic and are under the power and authority of the British. Do we have to choose a government to the British liking or approval?

Is Idris Jusoh of Trengganu the Victim or the Culprit?

If DAP in Perak was initially adamant to have a DAP candidate as the Menteri Besar (MB) or at least a candidate from PKR. But Raja Dr. Nazrin appointed Ir. Nizar from PAS to be the MB. After all the hoo-haa, YB Lim Kit Siang relented and apologized publicly to Raja Dr. Nazrin. The issue was settled and the new MB, Ir. Nizar and after some seemingly public debate on the make up of his exco. was finalized.

The history of Modern Malaysia is quite unique. The Federation of Malaysia was formed by states of different backgrounds. The Straits Settlements, The Federated Malay States, The Unfederated Malay States and States in North Borneo which were not homogeneous. Many may not realized and took for granted that each states possesses the same constitution in letter spirit, well it is not. The Constitution of Penang under a Governor is very different from that of Kelantan under the Sultan. The Sultans in the Malay States are not as powerless as the British Queen, the system was created after the defeat of the British initiative - "The Malayan Union". The Malay Sultanate come the from two different systems, the Federated and the Unfederated Malay States. On this score it is very relevant that all Malaysians are thought in high schools and places of higher learning, the proper perspective of Malaysian historical developments and the spirit of the constitutions of every Malay States and Regions under the governors.

Other than the Sultan of Perak, the Raja of Perlis also created history by rejecting the MB (former MB) proposed by the PM, Shahidan. Though the PM had issued a "Watikah" for the former MB to be appointed as the MB. The Watikah actually can only to be issued by the Raja or Sultan with his seal on it. Anyway due to the fact that the Raja's newly appointed MB, YB Md Isa Sabu, enjoys more popular support from UMNO/BN ADUN than the former MB, thus that rendered the Raja of Perlis proposal as very wise and His Highness Watikah appropriate indeed.

Another ruler, the Regent of Trengganu also rejected the PM or head of Government nomination of another ex-MB, Idris Jusoh. The Sultan of Trengganu is the Supreme Head of State of Malaysia. Through The Regent Advisory Council of Trengganu (MPPR), the Watikah had been issued to YB Datok Mohd Said , whom by now had occupy his place, in the office of the MB, despite the pressure from the PM on the Trengganu Royalty, the UMNO Secretary General warnings to sack the newly appointed MB and the Attorney General joining the fray arguing from the perspective of the Federal Constitution, though the State of Trengganu has their own legal adviser (MPPR).

Below are the points to summarize the position of the Trengganu Royalty.

1) UMNO (BN) won the majority of the seats (DUN) for the Trengganu recent State
Elections and has every right to form the next State Government;

2) The previous MB ( Idris Jusoh ) assumed that he would continue to be sworn in as
the next MB;

3) The UMNO President cum Head of BN cum PM consented to his appointment and
endorsed the desires of Idris Jusoh;

4) But the Sultan of Trengganu rejected his nomination ( Idris Jusoh ) to be the MB;

5) At no time has the Sultan of Trengganu objected to BN/UMNO forming the State

6) The Trengganu State Constitution is very clear that the appointment of the MB
should be from within the ranks of the winning party, and that the choice of MB must have the consent of and appointment from the Sultan.

7) The Sultan now is not consenting to the appointment of the ex-MB ( Idrus Jusoh ), and has
decided that another candidate from the ranks of UMNO (the winning party) who also won
the State Elections will be appointed as the MB;

8) The Head of the Federal Government, who is also the BN Head says that is unconstitutional
and wants to go ahead, pushing for the previous MB to be appointed;

The result at present is still an impasse! The main issue. is that the Sultan has no quarrel with UMNO. He is not stopping UMNO from forming the Trengganu State Government, but his prime objection is, to the previous MB being re-appointed.

Other than Allah, probably the two person involved knew the reasons. Tuanku Duli Yang Maha Mulia, His Majesty the Agong reasons for not wanting Idris Jusoh to be the next MB.

In democratic practice, the popular voice of the rakyat and the majority of the ADUN elected has to be given due respect, irrespective of whom or which party has the support of the majority. The Royalty should not stop, unless there are solid, valid and strong reasons that render the nominated candidate for the MB post by the PM or majority of ADUN, unacceptable to the Royalty or the Palace.

The reasons that are considered solid, valid and sound includes the personality of the candidate like issues of low morality and corruption which may later cause or bring about badness and calamity to the State, the Country and the rakyat because of his appointment.

The solution and the way to resolve this impasse is to take out - the palace bureaucracy, (stop harassingnew ) the MB, Datuk Ahmad Said, ( stop media probing on ) the previous MB, Idris Jusoh, the UMNO Secretary General and Attorney General - 0ut the equation. Let the Head of the Government, the PM to settle the issue privately behind closed doors with the Agong. After all, the Sultan is our Head of State, and our PM took the oath of office in front of him! If the PM has an audience with the Tuanku, hopefully the real reasons as to why the previous MB is not to Tuanku`s liking could be divulged to the PM, but definitely not for public airing!

Why do the top echelons of UMNO deemed it fit to allow, without stopping UNMO's ADUNs in Terengganu to plan a swearing in boycott just like the DAP LKS once did and also other demonstrations? Is it because political parties outside the government (like DAP/PKR/PAS) cannot do what the ruling coalition (UMNO/BN) can do with all the pomp like an unstoppable monarch? It is high time that UMNO stop this double standard practices. UMNO / BN must remember that their are no longer the absolute ruler in the Parliament - UMNO/BN loss their two-majority.

The PM will be seeing His Majesty, Tuanku within these few days. In this way, both sides preserve their dignity and the issue can be discuss, handle and resolve amicably. If it is the crisis of the government - meaning the Sultan has loss faith in the ex-MB due to some misdemeanor such as corruption, crony-ism or misused and abused of power, then it is only logical for the PM to withdraw the MB's Idris Jusoh nomination. This will allow Trengganu to move ahead with grace on a clean sheet. Rather than to allow Datuk Idris Jusoh to proceed with the shit and the evil he had created for another term to only make it only more messy, rotten, worst and difficult to repair and make good.

This audience will give the opportunity for Tuanku on behalf of the Trengganu Palace to clear the air as to why, His Majesty make a decision which is very different from the norm, to ease or cool down the present situation or impasse. At least privately to Datuk Seri Abdullah Ahmad Badawi, whom His Majesty had appointed as the PM ealier.

a collection of ideas from various contributors.

Monday, March 24, 2008

Undang-undang dari Litar F1 – Tafsiran Abdullah dangkal

Ditulis oleh SM Noor
Monday, 24 March 2008

Kuala Terengganu, 23 Mac – Abdullah Ahmad Badawi, Perdana Menteri Malaysia menjadi pakar undang-undang terhebat apabila membuat tafsiran undang-undang dari Litar ‘Formula One’ Sepang.

Beliau berkata pelantikan Anggota Dewan Undangan Negeri (Adun) kawasan Kijal, Datuk Ahmad Said sebagai Menteri Besar Terengganu dilihat sebagai tidak mengikut Perlembagaan sebagaimana yang dilaporkan oleh Bernama

"Semua Adun yang bilangannya agak besar itu tetap menyokong Dato’ Seri Idris Jusoh. Itu satu perkara yang tidak ada perubahan daripada segi sokongan.

"Dengan itu, maka sebarang lantikan yang dibuat terhadap orang lain itu, tidak kena dengan Perlembagaan," kata Abdullah ketika diminta mengulas mengenai tindakan 22 Adun daripada Barisan Nasional (BN) Terengganu yang membantah pelantikan Ahmad, Ahad.

Ahmad, 51, menerima watikah perisytiharan pelantikan sebagai Menteri Besar Terengganu yang baru daripada Majlis Penasihat Pemangku Raja (MPPR) yang disampaikan oleh Yang Dipertuanya, Tengku Sri Panglima Raja Tengku Baderulzaman dalam satu upacara tertutup di Istana Tetamu di Kuala Terengganu, pagi kelmarin.

Pentafsiran Perdana Menteri agak dangkal jika dibandingkan dengan perlantikan Menteri Besar Perlis yang dibuat oleh Datuk Seri Dr. Rais Yatim

Ketika mengulas kemelut pelantikan Menteri Besar di Perlis dan Terengganu minggu lalu Datuk Seri Dr. Rais Yatim menyatakan bahawa ‘Kuasa Raja’ di negara ini sebenarnya besar.

Menurut beliau, ia dicernakan menerusi kuasa Yang di-Pertuan Agong dalam pelantikan Perdana Menteri, membubarkan Parlimen serta untuk mengisi tuntutan-tuntutan hak diraja serta hak keislaman yang dijamin oleh Perlembagaan.

Merujuk kepada kes Perlis, Md. Isa telah menerima sokongan majoriti, iaitu lapan Ahli Dewan Undangan Negeri (ADUN) mengatasi Shahidan yang hanya disokong oleh lima ADUN.

‘‘Kedudukan di Perlis agak istimewa. Rajanya boleh ketepikan perlembagaan negeri malah pelantikan seseorang Menteri Besar itu adalah penilaian subjektif baginda,” kata Rais.

Kuasa Sultan juga mengatasi dakwaan DAP di Perak yang mencanangkan wakil daripada parti itulah yang sepatutnya dilantik Menteri Besar berdasarkan majoriti 18 kerusi DUN yang diraihnya pada Pilihan Raya Umum ke-12.

DAP mulanya membantah penyandang jawatan daripada Pas, Mohammad Nizar Jamaluddin, 51, yang partinya hanya memperoleh enam kerusi.

Realitinya, peranan Raja dan Sultan memberi perimbangan yang baik apabila wujud situasi kuasa politik ‘berleluasa’ dalam diri seseorang.

Pada tahap ini, Raja menggunakan segala budi bicaranya.

Dalam kes Terengganu, perkara ini jelas dinyatakan didalam undang-undang tubuh kerajaan negeri Terengganu.

Ia dinyatakan seperti yang tertera di bawah:

Kaedah perlantikan Menteri Besar Terengganu hendaklah mengikut Undang-undang Bagi Diri Kerajaan Negeri Terengganu 1911, Dengan Pindaan Pada Tahun 1948.01.21 Masehi Bersamaan 1367.3.10.

Perlantikan Menteri Besar tertakluk kepada Undang Undang Bagi Diri Negeri Terengganu 1911 (11.11.1911) Dengan Pindaan (Ditambah Kepada Undang-undang Diri 1911 Pada 21.01.1948 Dikuatkuasa Pada Pada Tarikh Yang Sama ( Fasal 1 (2) ) Yang Dizin.

Fasal 5 Undang-undang Bagi Negeri Terengganu( Yang Ditambah Pada 1948)

Fasal 5 Memperuntuk Raja Memerintah Mengikut Undang-undang. Raja Berkuasa Melantik Menteri Besar Dan Jua Pada Undang-undang Diri Negeri Terengganu Tambahan 1948 Dibawah Fasal10(I) Dan Fasal 14(1)(2) .

Peruntukan Dibawah Undang-undang Diri Negeri Terengganu 1911 Fasal 29 Memileh Dan Menjadikan Menteri Besar Dan Naibnya Adalah Semata-mata Hak Bagi Sultan (Tidak Dipinda)

Didalam Tambahan Pada Tahun 1948 Diperuntukan Dibawah Fasal 10 Perlantikan Menteri Besar Duli Yang Maha Mulia Hendaklah Melantik Dengan Surat Lantikan Yang Ditanda Tangani Oleh Baginda Dengan Memakai Mohor Negeri Seorang Menteri Besar Mengikut Syarat2 Perenggan (1) Dibawah Syarat (2)

Fasal 14 (2)(1) Dan (4) Duli Yang Maha Mulia Hendaklah Mula-mula Melantikan Dahulu Menteri Besar Untuk Mengetuai Majlis Mesyuarat Kerajaan Seorang Ahli Dun...

Fasal 14(4) Takala Melantik Seorang Menteri Besar Maka Bolehlah Duli Yang Maha Mulia Mengikut Timbangan Baginda Sendiri, Meninggalkan Mana-mana Syarat Dalam Fasal 10 Yang Menghadkan Pilihan Baginda Akan Menteri Besar Itu Jika Sekiranya Pada Fikiran Baginda Mustahak Meninggalkanya Kerana Hendak Menunaikan Kehendak2 Fasal 10 Ini.

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