Archive for June, 2010

Water contract deal a national security issue?

June 29th, 2010
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Yet again, something that never fails to amaze us. I’m curious as to why the Syabas water contract was deemed classified and revealing it may be a threat to national security. Does it have info on the water pipe routes, processing plants, treatment processes etc that can be used  by criminals, terrorists or foreign countries to destabilised the country? Perhaps.

Anyway, the court ruled that the documents can be made public. So, it will be interesting when the public get their hands on the document (7 days given to abide with court ruling, and hopefully there’s no appeal lodged).

If indeed we want to reach the heights of truly developed nation, then need to be more truthful and transparent.  The era of hiding behind certain laws is over already. Public don’t like it if they are not part of decision making process. Being a Selangorian and with loads of relative in Selangor, we sure want to know how the deal was made, who benefits, why the costing is as such and so on.

Obviously, this news is well received by Selangor state government as they can expect the document to reveal a lop-sided deal.

Interestingly, I didn’t notice is the usual news channels. Only read it at Malaysiakini and The Malaysian Insider.

Oh, did I mention that there’s an avenue for appeal process? It may well be wishful thinking.

The federal government has seven days to disclose the contents of the audit report and water concession agreement entered between it, the Selangor government and Syarikat Bekalan Air Selangor (Syabas).

This follows a landmark ruling at the High Court today allowing the documents – which were classified by the government as being under the Official Secrets Act (OSA) – to be made public.

The decision was made by judicial commissioner Hadhariah Syed Ismail, who ruled the government’s refusal to disclose the reports did not consider the expectation of members of the public who are adversely affected by the decision.

“The respondents’ decision to allow the privatisation of water service and arbitrary increase in tariff, and at the same time invoking the OSA, is disproportionate to the aims of the Act.

“It is also counter to the principles of good governance, accountability, transparency, and (that) the interests of rakyat should come first,” she said in her judgment.

Hadhariah ruled that since the government has failed to fulfill those principles, the court is compelled to do so.

Hadhariah made the ruling in the judicial review case brought by Malaysian Trade Union Congress (MTUC) president Syed Shahir Syed Mohamud (right) and 13 others against the Energy, Water, and Telecommunications Ministry, the Selangor government and the federal government.

The plaintiffs’ lawyer Ang Hean Leng said this is a landmark judgment as it recognises the right of the public to have documents revealed, out of public interest.

Syed Shahir and the other plaintiffs, which include Klang MP Charles Santiago (right) and parents acting on behalf of their two children not of legal age, filed the application in January 2007.

They wanted the disclosure of the Concession Agreement dated Dec 15, 2004, between the federal and Selangor governments and Syabas.

They also sought the audit report justifying an increase of 15 percent in the water tariff.

The plaintiffs also sought:

  • a declaration that the applicants and general public have access to the audit report and agreement;
  • alternatively, a declaration that those documents are public documents and are not official secrets documents;
  • an order of certiorari to quash the decision by the respondents in denying access to such documents; and
  • a mandamus order to compel the minister to disclose the contents of such documents.

‘Why is document secret?’

Hadhariah in her 19-page judgment also said she was not convinced such disclosure would be detrimental to national security or public interests.

“In fact, I was of the opinion that the truth is the contrary,” she ruled.

Hadhariah also said there must be a reasonable explanation why a document must be classified as “rahsia” (secret).

She also said she agreed with the applicants’ contention, that the fact that the audit report was presented to the cabinet was not sufficient to justify protection under the OSA.

“It also cannot be in the spirit of OSA, to extend protection in cases where the government believes there will be public discussion and criticisms against the government’s action,” said the judicial commissioner.

Hadhariah said having read the audit report herself, she concluded it contains information relevant to the concession agreement, in particular the issue of raising the water tariff.

Saying that she could foresee public discussion and criticism against the government, the concession agreement and audit report should have been released in tandem as the report made certain comments and reference to provisions and concessions in the agreement.

“The disclosure will serve the public interests in keeping the public informed of the working of the government, as well as promote discussion on public affairs,” she said.

“In this era of transparency, accountability, and priority (that should be) given to the needs of the rakyat… it is only fair for such documents to be made public. I am of the view the court should lean in favour of the aggrieved party in matters involving public interest,” said Hadhariah.

She also said the concession agreement should be a public document as it was executed with public interest in mind, and therefore it is in the public interest that this document be also disclosed.

“What could possibly go wrong if what the public wants to know is whether the deal was a win-win situation, or a one-sided agreement benefiting one party only?

“Until and unless the agreement is disclosed to the public, it would cause anxiety to the public wanting to know such matters that affect their basic needs.”

Sinthamani Ashramam to be demolished?

June 29th, 2010
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I was surprised to read this letter from HRP to PM Najib (who else?):

Extract from the letter:

We have been instructed to write on behalf of the Sintamany Orphanage, Jinjang Kuala Lumpur who has been served with a notice to demolish this seven year old Sintamany orphanage and the adjoining Hindu temple.

This home was founded by a 26 year old youth Praveendran a/l Balasamy who was moved to do so when he found a 13 year old Indian boy loitering by a rubbish dumpsite.

Today this home has 65 children with the youngest being an eight month old baby, thirty-five of these children are in primary school, 5 in secondary school, 2 old folks, three single parents and the rest being baby sitted at the home. This Sintamany home is also an orphanage to the abandoned, distressed, single mothers elderly and sickly Indians who have no where else to go.

This home is currently occupying an almost one acre unused land in Jinjang Utara belonging to the UMNO led Government of Malay-sia.

Last month some 50 UMNO policemen and welfare officers stormed this home bullied and harassed the occupants there to move out. Two children aged three and five become ill and were hospitalized as a result of this.

Other children sent to the government welfare homes are being forcibly converted to Islam like in the latest cases of Darshini and Banggarama (The Sun 25/11/2009 at page 4) .

Many of these orphans have been denied even their rightful birth certificates and this home is applying for the same for them.

It is the duty and responsibility of any government in any part of the world to take care of or orphans and One Malay-sia seems to be the exception in so far as the poor ethnic minority Malaysian Indians are concerned.

This home has never been assisted with a single cent or even a single cup of rice by the UMNO led Malay-sian government despite the RM 850 Million 2010 national budget as social safety net for the poor, disabled and senior citizens (News Straits Time 18/10/2009 at page 23). The pre existing poor local working class Rumah Panjang Indian community and other well wishers help maintain this orphanage. Why should the pre existing poor help this orphanage out financially when it is the duty and responsibility of the government.

This is a Tamil saying Mr . Prime Minister that if one cannot help the least one could do is not to do damage.

So please do not damage and demolish this Sintamany Orphanage on 30/06/2010 at 9.00 a.m.

Instead we urge your goodselves as not only the Chairman of the Cabinet Committee on the Indians but also the Prime Minister for all Malaysians not including and segregating the Malaysian Indians to grant this home RM 200, 000.00 per annum and also the land this orphanage is  sitting on to be alienated to this orphanage in order for the poor, powerless and politically voiceless up to sixth generation Malaysian born Indians a shelter and a roof they need over their heads.

IF we remember food, shelter and clothing are the basic necessities in the life of a any human being and is about the most basic economic theory.

I remember reading that the home was indeed on public land, but all this while there was no interference or indication of the land going to be used for other purposes. I think its only wise to relocate the home to another location. It will look very very bad on government, DBKL, FT Minister Nong Chik, FT Deputy Minister Saravanan, PM Najib, and 1Malaysia concept if such noble efforts are just brushed aside in the name of development or progress. It may well drag down the Indian community support (82% in mid May according to Merdeka Center) towards PM and 1Malaysia when news goes around that government is going around demolishing ashramam nowadays.

The ashramam has been benefactor of few charity drives. Even announced in THR Raaga, appeared in Star news paper, and got donations from big companies.

Oh, they are on Facebook as well.

I guess it will need intervention of MIC folks since the authorities won’t be listening to HRP any time soon (what a shame though).

Gas Bocor?

June 25th, 2010
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Can’t believe I’m actually reading about this. Only 6 weeks or so and already having problem.

Major differences are emerging among the three top leaders of the Gerakan Anti-Samy Vellu or GAS movement started by former MIC Youth deputy chief V. Mugilan to pressure long-time president Datuk Seri S. Samy Vellu to step down.

Sources close to the GAS movement said if the differences are not ironed out, a split in the movement was inevitable and would be a boon to Samy Vellu, who has announced he will only retire “about” September 2011.

His term expires in May 2012.

The differences are partly because of a clash of egos and partly because some leaders are having second thoughts after jumping onto the anti-Samy Vellu bandwagon.

Another reason, sources said, is that some GAS leaders have other agendas other than ousting Samy Vellu like joining up with Pakatan Rakyat (PR) if the attempt to dislodge the party veteran fails and their re-entry into MIC is permanently blocked.

The differences are mainly between founder Mugilan (picture) and expelled CWC member Kumar Amman on one side, and Klang businessman and another expelled CWC member, K.P. Samy.

GAS sources told The Malaysian Insider their differences had been there from the beginning when GAS was formed and held its first rally on May 30 which did not see the anticipated 15,000 people turning up and was dismissed as a non-starter.

Simmering differences surfaced today when K.P. Samy issued a statement in the Makkal Osai newspaper, in which he has an interest, distancing himself from Mugilan.

K.P. Samy said he had nothing to do with GAS plans to distribute 500,000 CDs and posters detailing Samy Vellu’s alleged misdeeds over the past 30 years.

He also said the CDs would not be distributed at the second GAS rally in Klang on July 4, which is organised by him.

GAS supporters were shocked by the announcement as they had been looking forward to receiving the CDs and making the July 4 event a success.

“I have no connection and have nothing to do with the CDs,” K.P. Samy said in the statement published in Makkal Osai.

The statement will come as sweet music to Samy Vellu who has been looking for a chink in the GAS armour to exploit and defeat the movement.

At the GAS press conference a fortnight ago, K.P. Samy did not voice any objection when the CDs and other GAS plans to attack Samy Vellu were announced to the press by the three leaders, who sat jointly together on the same table.

“I have to consider the legal implications,” K.P. Samy said when contacted today while declining to explain why he did not raise objections to the CD plan at the press conference.

Additionally, the July 4 gathering that K.P. Samy is organising is not promoted as a GAS protest rally — as the May 30 gathering was —but as an “Indian awakening” forum to decide on the “future of the Indian community”.

A tall order for an expelled MIC CWC member, a GAS supporter said.

Also, no mention is made of GAS, Samy Vellu or CDs in advertisements that are appearing in the Makkal Osai newspaper to promote the July 4 gathering.

Additionally, the July 4 gathering in Klang has also come under attack from the Tamil Nesannewspaper owned by Samy Vellu’s family, who are calling the gathering an anti-Barisan Nasional and “society destroying” event.

Mugilan and Kumar Amman could not be contacted for comment but their aides say they are working hard not to let the differences split their GAS movement.

“While Mugilan is focused on the mission which is to oust Samy Vellu, K.P. Samy is distracted by other issues like legal implications,” said an aide of Mugilan. “We are unhappy with the differences. There are only three of us and we can’t see eye to eye.

“You should have thought of the legal implications before jumping into the GAS movement,” he said, referring to K.P. Samy’s statement today de-linking from the anti-Samy Vellu CDs.

He accused K.P. Samy of having other political agendas like jumping ship to PR if the GAS movement fails and his re-entry into MIC is permanently blocked.

A staunch supporter of former MIC deputy Datuk S. Subramaniam, K.P. Samy has links with DAP vice-chairman and Ipoh Barat MP M. Kulasegaran, who is on the lookout for “good” candidates in the next general election and thinks K.P. Samy fits the bill.

In contrast, Mugilan and Kumar Amman are staunch MIC/BN men focused on getting Samy Vellu out and rehabilitating and reforming the MIC and winning Indian support in the next general election.

While GAS is heading for a likely split, the political pressure over Samy Vellu’s retirement is also undergoing a change.

It seems unlikely that Samy Vellu can be pressured to step down earlier than September 2011 and the BN political establishment also appears to have come to terms with that deadline.

The camp of deputy president Datuk G. Palanivel, which was also focused on pressuring Samy Vellu to step down through lobbying the media, has eased off the pressure after Palanivel was made a deputy minister and “endorsed” as successor.

If these changes hold, the GAS movement could become irrelevant over the next 15 months as Samy Vellu’s reaches his retirement at his own pace.

Minimum Wage plan postponed due to low blog feedback!

June 23rd, 2010
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I’m not sure if Malaysian Insider wrote this story correctly, because the answers just don’t seem to gel. Why did the blog generate only 77 response? You can try searching in MOHR website and let me know if can find any link to the blog because I certainly can’t find it. Maybe the blog is hidden somewhere? Found the blog here but the poll is closed!

Secondly, we are talking about minimum wage for “LOW INCOME” workers. Can a blog be the best to tool to gauge their response? Our broadband penetration still not over 40%, and people not really have MOHR website bookmarked.

Or is the blog meant for employers and the middle/high income employees to respond?

I think there should have been other ways to get response from target group. Could have paper-based survey during many of the goverment events like 1Malaysia youth program at Bukit Jalil, concerts, by-election areas, and so on. definitely would have got more than 77 replies.

They could have even talked to Income Tax department to include a survey when employees file their returns via e-filing in April. If just 30% of 1 million tax payers responded, you’ll get 300,000 responses!

Pity the security guards.

Despite strong calls from many quarters, including the MCA, the government announced today that it was shelving a minimum wage policy due to poor public feedback.

Human Resources deputy minister Datuk Maznah Mazlan told Parliament that the government had only received a total of 77 responses from the public since March this year.

“The ministry launched its blog on March 24 this year to obtain feedback from Malaysians on the proposal to introduce minimum wages.

“Until today, the ministry has only obtained 77 responses,” she said when replying to a question by Charles Santiago (DAP-Klang),

Maznah said that of the 77 responses, 70 or 91 per cent agreed with the proposal, about three per cent disagreed and 6 per cent were indifferent.

“The feedback is too small for us to implement the policy, especially in comparison with the over 11 million workers in the labour force nationwide.

“It is not representative of the number of workers,” she said.

She added that the ministry would continue with its blog to obtain more feedback as well as to organise a three-party workshop in mid-July this year involving workers’ associations, employers associations, academics and government agencies.

“Whatever feedback we obtain from the blog and the workshop will be used as input for the government’s consideration,” she said.

In a supplementary question, Charles slammed the ministry for deferring its decision to introduce minimum salaries for security personnel to 2011 although it was set to begin on July 1 this year.

“It is important for the nation. The government had decided to introduce the policy but suddenly, this was a retracted.

“This is like one step forward and three steps back. From what I have read from the news, I see that this shows that the government is afraid of the private sector, especially the security firms that have been urging the government not to introduce the policy,” he said.

Charles asked if the government had the “political will” to introduce minimum wages for the country, especially in view of the New Economic Model’s target of achieving a high-income status for the country.

In her response, Maznah said that the Cabinet had on January 13 this year instructed the ministry to study the proposal to introduce minimum wages.

“For your information, your accusation that we are frightened of the private sector and that we have no political will — this is just a perception typical of the opposition.

“The introduction of minimum wages involves many processes and many ministries. It involved the communication between the ministries and other important parties like the workers unions and other associations,” she said.

Maznah pointed out that a single policy could not be used for all sectors.

“We need to have a proper, detailed study, which would include making comparisons to other countries as well,” she said.

In another supplementary question, Dr Dzulkefly Ahmad (PAS-Kuala Selangor) asked Maznah for the ministry’s plans in improving the wages of the labour force.

“About 40 per cent of the labour force earn less than RM1,500 monthly and 75 per cent of them are the bumiputras from Sabah and Sarawak,” he said.

Maznah said that the 10th Malaysia Plan programmes provide ways and means to improve the welfare of the labour force.

“We are also looking into ways and means on how to lessen our dependence on foreign labour as well as how to improve the skilled workers force.

“Our target is to raise our 25 per cent of skilled workers in the workforce to at least 50 per cent,” she said.

PPP proposal on discount for house buyers

June 23rd, 2010
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This is one of the better things to come out from PPP in recent memory. As house prices are inflated and artificially increased over last one year, many people will find it difficult to buy a house. Imagine if 25-30 years ago, you can buy a double-storey house with your salary of RM2000 or less, now its a mini miracle if you can even get such a house for below RM300,000 in Klang Valley. Most are priced upwards of RM400,000 already. So, can someone earning RM4000 or so buy such a house? Considering increased food cost, need for own transport, petrol cost and telco bills, can forget it la.

People’s Progressive Party (PPP) president Datuk M. Kayveas has suggested that non-Bumiputeras earning an income of less than RM3,000 be given a 10 per cent discount currently enjoyed by Bumiputera house buyers.

He said a Bumiputera house buyer received a 10 per cent discount, irrespective of the person’s financial capability, whereas a non-Bumiputera house buyer needed to pay that 10 per cent.

“In this way, it is believed that every citizen will be more confident on the implementation of the quota and status system,” he said in his policy speech at the PPP’s 57th annual general meeting here today.

The meeting was opened by Prime Minister Datuk Seri Najib Razak.

The other parties should come out in support of this proposal. Would they?

Also, I think houses priced about RM500,000 should not be given any discounts.