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Mini market owner goes to court for 3rd time

December 10th, 2009
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I’m sure everyone’s familiar with the case of  mini market owner Subramaniam who have been summoned few times by the local council. The court ruled recently that the summons are invalid as the local council don’t have authority to haul someone to court via summons (that’s what I understood). Efforts are underway to change the law, so while that is happening, let’s look at the news below.

Questions are abound. Why wasn’t he given license after 2005? Was he offered an alternative place which he declined? Did he commit some crime like not paying fees or duit kopi(!)? Or was the place marked for development? Or did he vote for the other side? Or someone jealous of his business? Was he selling unauthorised items? Or any complaints on cleanliness by residents? Did he cheat customers? Any sane person would like to know why the license was not renewed, but newspaper did not mention it. When the information is not forthcoming, can you blame people like me for guessing all kinds of reasons?

Would it been different if the owner was not an Indian or Chinese? I like to say no, but well, we being Second (or is it Fourth?) Class citizen and all…

I remember the Pahang Indian Chamber of Commerce making some noise, that’s about it.

Mini-market owner Subra maniam Gopal was charged for the third time this year in the magistrate’s court here with the same four offences of operating his business in 2006 without a licence from the Temerloh Municipal Council.

Once again, Subramaniam, 50, pleaded not guilty to four charges of operating the GSM Mini Market on 10A Jalan Besar Lanchang in Lanchang, Pahang, without a licence on March 10, March 17, April 18 and June 6 in 2006.

Magistrate Ida Rahayu Sharif fixed Jan 26 for mention of the case after his counsel Datuk M. Ramachelvam told the court that they would be raising preliminary objections and Deputy Public Prosecutor Ellyna Othman did not object.

On Dec 1, High Court Judicial Commissioner Akhtar Tahir had released the grounds of his judgment for his Sept 11 landmark decision that Section 120 of the Local Government Act, which had been used by the council to prosecute Subramaniam the first time round, was unconstitutional because it empowered the council to institute prosecutions when Article 145(3) of the Federal Constitution gave that right solely to the Attorney-General.

It is believed the same objection will be taken against yesterday’s charges.

On Nov 22, the Sunday Star frontpaged the Sept 11 judgment and ramifications for local councils nationwide.

In his oral judgment that day, JC Akhtar had also ordered Subramaniam be given a discharge not amounting to an acquittal.

On the following Tuesday, the council served Subramaniam with fresh summonses from the council for the same offences and he was charged on Nov 25 for a second time.

After his not guilty plea was taken, Ida Rahayu allowed DPP Nurshafini Mustafa’s application for a discharge not amounting to an acquittal as the council had applied wrongly for the summonses.

Outside the court yesterday, Subramaniam said he had been running his shop since 1979 and had always had a licence until 2005 when the council rejected his application for a renewal.

“I do not have any alternative to earn a living. I have children studying overseas to support.

“What is happening to me now is not fair as I have been running this business for so many years and I have to continue doing this. Let me live in peace,” he said.

Ramachelvan said his client was in a bind whether to stop or continue with the business because it was his livelihood.

Coalfield Estate problem

December 8th, 2009
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Another test for Selangor government. People not interested to listen to reasons and excuses, which was dished out in generous quantities by previous governments. Now, keyword is proactive and solve problems. If these people not eligible for loans from banks, then work some way out for them. The children can be transfered to schools in Tuan Mee area, for example. Look for solution, not excuse!

And who cares who sees you. I’m not interested in meeting MB or PM or Donald Duck. I just want my problems solved easily, not waste time chasing for appointment and listening to sweet words, but still end up in square one. The protesters also must think of solutions and suggest it.

The residents have to realise, when Tuan Mee estate closes down, the same thing will happen again.

A group of workers from the Coalfield oil palm plantation in Sungai Buloh are decrying the management’s tactics to ‘force’ them to vacate their houses.

Spokesperson Lobat Rajoo said water and electricity supply have been cut to the quarters occupied by 25 families even though negotiations are pending over the eviction order.

“We have had to resort to bathing in the river,” he told reporters, after he and other affected workers held a meeting with leaders of the National Union of Plantation Workers (NUPW) in Petaling Jaya.

He claimed that a further source of frustration was that utility supplies remain connected to some of the vacated houses.

The group had been told to move out by Dec 1, as the site has been earmarked for commercial development.

The families have been offered low-cost housing units near the estate, but are unable to purchase these for various reasons.

Following this, the management reassigned them to the Tuan Mee Estate, some 7km away, where they will be given houses.

Lobat said many in the group are third-generation estate workers and resisting relocation because of the costs that will be incurred. For example, their children will have to travel a longer distance to attend school.

Malaysiakini made several phone calls to the Coalfield estate manager’s office to seek comments, but these went unanswered.

‘State did try to help’

Selangor exco member Dr Xavier Jayakumar, who oversees estate workers’ affairs, said the state has tried to intervene, even though the matter involves an industrial dispute.

However, some of the workers, including Lobat’s group, do not qualify for bank loans to buy the low-cost houses.

He denied allegations that Menteri Besar Abdul Khalid Ibrahim, the state representative for the area, has ignored the plight of the affected workers.

“Khalid has met them twice – once at his office and once on the ground,” said Jayakumar (right), when contacted.

Hindraf activists and Malaysia Consumer Advisory Association president Varatharajoo Murugan, who accompanied the workers to the NUPW office, had earlier alleged that the state government has not been helpful to the group.

Chinese and Indians are Class two citizens while Malays are Class one

December 8th, 2009
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So says some intelligent being as below.

Ahmad Mahayuddin said Kulasegaran should not even question the rights of the Malays.

“Our numbers are bigger and we have been on this soil before the other races,” he said.

“Kulasegaran must apologise and we give him two weeks to do so or we will protest in front of his office,” he said adding that the Government should revoke Kulasegaran’s citizenship.

“We Malays have been passive over numerous issues. We do not question the rights of the Chinese or Indians on the economic grounds.

So, we want other races not to question our rights. All must remember the Chinese and Indians are Class two citizens while Malays are Class one, said Ahmad.

Surprisingly, the above was not mentioned in NST or Malaysiakini. Only appeared in Star which carried the Bernama version.

This is what the country have achieved. Creating monsters through various policies, education, and lop-sided views.

Who is this Ahmad? (I’m curious, is “Ahmad” a “Malay” name? Did it exist before 15th century? Anyway, not relevant I guess.) Well, Ahmad was part of a group who were protesting today after the cow head group case was heard. He is from the Section 23 Action Group or something like that.

I remember the DAP people apologised after the door mat photo issue, so I guess these guys will be doing the same? Or am I asking too much from these animals?

The full article is below:

Motorists on the busy Jalan Utama here were startled when a group of men unfurled a banner depicting caricatures of DAP leaders with cows’ bodies complete with horns and started stepping on them

Some of the 30-odd men, including the 12 charged in connection with the ‘cow head’ protest on Aug 26, kicked and stepped on the caricatures of DAP adviser Lim Kit Siang, secretary-general Lim Guan Eng and Perak DAP secretary Nga Kor Meng.

The protest took place after the 12 had stepped out of the Sessions Court where Judge Hasbi Hassan had fixed their trial for April 12.

They immediately joined the others who were already outside the court for the protest.

The group shouted Jangan Memperbodohkan Orang Melayu (Do not hoodwink the Malays’).

Asked on the reason for the protest, the non-governmental organisation Badan Bertindak Penyatuan Ummah chairman Ahmad Mahayuddin Abdul Manaf said he had no knowledge about the protest but joined in as he walked out of the court.

“What I understand is that the group who unfurled the banner was angry with the recent incident where DAP members walked on the ‘doormat’ pictures of ex-Pakatan Rakyat representatives Hee Yit Foong, Mohd Osman Jailu and Jammaluddin Mohd Radzi,” he said.

He said the group was ‘just expressing their displeasure against such behaviour (by the DAP.’

The group also lodged 19 police reports against DAP vice-chairman M. Kulasegaran at the Shah Alam police department in Section 11, for questioning the rights of the Malays at the Dewan Rakyat on Monday.

Ahmad Mahayuddin said Kulasegaran should not even question the rights of the Malays.

“Our numbers are bigger and we have been on this soil before the other races,” he said.

“Kulasegaran must apologise and we give him two weeks to do so or we will protest in front of his office,” he said adding that the Government should revoke Kulasegaran’s citizenship.

“We Malays have been passive over numerous issues. We do not question the rights of the Chinese or Indians on the economic grounds.

“So, we want other races not to question our rights. All must remember the Chinese and Indians are Class two citizens while Malays are Class one, said Ahmad

Inside the Sessions Court earlier, judge Hasbi set aside five days for the trial, which will be heard by Sessions Court judge, M. Gunalan.

The twelve are Ahmad Mahayuddin, 36, Ibrahim Sabri, 43, Eyzva Ezhar Ramly, 31, Mohd Azmir Mohd Zain, 35, Ahmad Suhairy Zakaria, 30, Mohd Hilmi Ni, 40,Jainuddin @ Zainuddin Md Yusuff, 67, Mohd Jurit Ramli, 39, Mohamad Nordin Zakaria, 46, Jamil Mohamad Isa, 40, Rahimuddin Md Harun, 39, and Azhari Shaari, 39.

Ibrahim and Ahmad Mahayuddin are jointly charged with stepping on the head of the cow, Eyzva Ezhar with bringing the cow head to the scene while Mohd Azmir, Ahmad Suhairy and Mohd Hilmi are jointly charged with carrying around the cow head and stepping on it during the illegal assembly.

They are charged under Section 4(1) of the Sedition Act 1948 and face a maximum of RM5,000 in fine, or jail of up to three years, or both. All the six claimed trial.

The six of them also pleaded not guilty to an alternative charge of hurting the feelings of Hindus at the same place and time and face up to a year in jail, fine, or both, under Section 298 of the Penal Code.

Ahmad Mahayuddin and Ibrahim are the chairman and deputy chairman respectively of the Shah Alam Section 23 Residents Action Committee. They led the demonstration in protesting the Selangor state government’s plan to relocate a Hindu temple from Section 19 in Shah Alam to their area.

The others Jainuddin, Mohd Jurit, Mohamad Nordin, Jamil, Rahimuddin and Azhari Shaari are charged with participating in an illegal assembly.

They are charged under Section 27(5)(a) of the Police Act 1967 and can be fined up to RM10,000 and jailed up to a year, if convicted.

Deputy Public Prosecutors Datuk Razali Che Ani and Harris Ong Mohd. Jeffery Ong appeared for the prosecution while all the accused were represented by counsel Hashim Ibrahim. – Bernama

TEKUN still have RM30 million for Indians

December 7th, 2009
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Below is some updates on TEKUN scheme for Indian community. The reply is due to MP Kulasegaran’s question in the Dewan Rakyat. You may wonder why details about the special scheme is not available on TEKUN website, instead one need to approach MIC through YSS. TEKUN was set up for bumiputra entrepreneurs.

The Deputy Minister says got RM36 million (I thought it was about RM20 million only for this year) and RM6.13 million has been dispersed. But I remember someone saying that there’s no more funds left for the year. That means got nearly RM30 million left in the fund. That can really boost lots of Indian businesses. Want to know how to apply? Ask YSS here (and please share your responses in this blog).

And if you read the last line below, the RM6.13 million loaned to Indians is part of RM1.385 billion which is a mere 0.44%. 600 Indian businessmen out of 150,988 is about 0.4%. RM6.13 million/600 people is RM10217/Indian. While the average is RM1.385 billion/150988 persons is RM9173. If consider only bumiputras, then its (RM1.385 billion – RM6.13 million)/(150,988-600) = RM9168/bumiputra. So, even though the allocation and disbursement is small, the amount an Indian businessman gets is about RM1000 more than the bumiputra businessman. Yeah, average is not a good indicator, just one of many. We should be having 10500 businessmen (if we take 7% rate) instead of 600.  So, questions need to be asked – where are these businessmen? Are they qualified? Did they apply? Are they aware?

I won’t say denied because the amount is already granted, but whether the applications were received and processed, or only those short-listed by YSS would be accepted. It would be good if some sort of online application is created and handled directly by TEKUN or PM’s Dept rather than given to a political party’s extension. Even if YSS is impartial, the impression would be different.

Do note that the forms are free and even the processing fee is deducted from the loan amount.

KUALA LUMPUR: The Agriculture and Agro-based Industry Ministry has denied that the Indian community is being sidelined in the Tekun loan programme for small businesses.

Its deputy minister, Rohani Abdul Karim (BN Batang Lupar), said RM36 million has been allocated this year, primarily for Indians.

“Of this, RM6.13 million have been disbursed to small businessmen from the community nationwide,” she told Parliament this morning.

Rohani said more than 600 Indian small businessmen have benefitted from the allocation, the biggest being Perak with 216 businesses, followed by Selangor with 211 and Kedah, 185.

Earlier, M Kulasegaran (DAP- Ipoh Barat) asked the ministry why there were no publicity on the such allocations for the community.

He said applicants had found it difficult to do so and that many were asked to pay for the application forms.

To this, Rohani said the forms are free and asked Kulasegaran to give specific complaints so that the ministry could investigate.

She said only successful applications were asked to pay RM300 as processing fee for loans below RM10,000; RM50 for loans between RM10,000 and RM30,000; and RM30 for loans between RM30,000 and RM50,000.

“Applicants are not asked for the processing money as the amount is deducted from the loan.” She said Tekun Nasional has until Sept 31 this year, made 188,708 disbursements worth RM1.385 billion to 150,988 small entreprenuers.

DBKL hotline to have Tamil too!

December 7th, 2009
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This is a rarity. DBKL is launching a hotline for complaints early next year. The number is 1-800-88-3255. Its being tested now, and the cool thing is that there operators will also handle complaints in Tamil! Not bad.

The call centre, which is expected to be fully operational next year, will be the first of its kind undertaken by a local authority to provide its citizens a convenient and fast way to connect with the local government.

Kuala Lumpur mayor Datuk Ahmad Fuad Ismail said the DBKL was currently finetuning the system and conducting a trial run to monitor the system.

“We are currently training staff to improve their communications skills. The first batch of five officers are currently testing out the system but it will only be launched in January,” he said.

The call centre will be located at Menara DBKL II and will operate from 9am to midnight, seven days a week. Operators will speak in Bahasa Malaysia, English, Mandarin and Tamil and will take in all complaints on various issues.