Author Archive

Sivakumar can’t defend himself

March 12th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Earlier, Sivakumar, who was waiting for his case to be called, was seen approaching assistant state legal adviser Zulkarnain Hassan, who had entered the courtroom at about 9.50am, but Zulkarnain avoided speaking to him and was later seen sitting with lawyers acting for the three independents.

A frustrated Sivakumar claimed that he tried to speak with Zulkarnain after friends identified him as his representative.

“But when he (Zulkarnain) came in, he refused to talk to me. I wanted to ask him so many things.

“I don’t even know his name or who he is. I don’t know who is (to be) my lawyer,” said Sivakumar.

Imagine your lawyer not interested to speak with you. It is weird actually. The State Assembly speaker is deemed to be part of state government by the Judicial Commissioner, while some say he is not since its explicitly stated that members of state assembly are not part of public service. Refering to NH Chan (former Court of Appeal judge):

I shall start with section 24 of the Government Proceedings Act 1956. I have highlighted the important words for easier reading. Sub-sections (1) reads:

“(1) Notwithstanding any written law –

(a) in civil proceedings by or against the Federal Government…

(b) in civil proceedings by or against the Government of a State, a law officer … authorised by the Legal Adviser of such State … may appear as advocate on behalf of such Government…”.

As you can see, this sub-section is not relevant as it only applies to civil suits brought by or against the state government, not a public officer.

And sub-section (2), which is relevant on the subject of discussion, reads:

“(2) Notwithstanding any written law in civil proceedings to which a public officer is a party –

(a) by virtue of his office; or

(b) in his personal capacity, if the Attorney-General certifies in writing that it is in the public interest that such officer should be represented by a legal officer; a legal officer may appear as advocate on behalf of such officer…”.

This sub-section only applies to civil suits brought by or against a public officer. In such a case, a public officer may (the word is ‘may’ not ‘must’) be represented by a legal officer which could include the legal adviser of the state.

Therefore, there is nothing in section 24 (2) of the Government Proceedings Act to suggest that a public officer if he sues or if he is sued must be represented by a legal officer such as the state legal officer.

In any case, section 24 (2) of the Government Proceedings Act only applies to civil proceedings to which a public officer is a party. Therefore, the question is, does the speaker of the Legislative Assembly of a state hold office as a member of the public service? If he does, then he is a public officer.

Article 132, Clause (3) of the Federal Constitution states that:

“(3) The public service shall not be taken to comprise

(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State.”

So now you know that the speaker and the members of the Legislative Assembly of a state are not part of the public service as they do not hold office as public officers. Therefore, section 24 (2) of the Government Proceedings Act does not apply to them.

The whole article seems to question the competency of the “novice” Judicial Commissioner, but that’s another story. Well, that’s NH Chan’s version, you may say. I guess we have to see what articles exists in the law to negate Chan’s arguments. Perhaps the JC’s ruling had such details.

If Speaker Sivakumar is considered government staff, then he must use the state attorney to represent him in court. Problem is, the state attorney also represents new MB Zambry against the State Assembly Speaker in another suit. So, question arises if the office of state attorney can discharge its duties well or fairly, because its responsibilities lies to the state, not to the individuals it may represent. Thus, one can’t be blamed for thinking that the state legal advisors will lean towards the new MB and penalise the Speaker.

Further more, I think the notion that one is forced to use a particular legal service flies in the face of our basic rights to justice. How can a person expect to have his fair day in court when he can’t even represent himself, or worse still is represented by someone he has no faith in? I might as give up and concede to the opponents.

Sivakumar is in deep trouble. The feeling is that he has “musuh dalam selimut” (enemy within) and surely will lose his cases.

Extra RM300 million for schools

March 11th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


Among the allocation mentioned in the second stimulus packages, this did not stand out. Anyway, its good news because it means more allocation for Tamil schools. If the RM300 million is equally divided, Tamil schools will get RM75 million over two year. Add with earlier RM50 million, thats  RM125 million for 2009-2010.

The RM300mil for religious, Chinese, Tamil and mission schools showed the Government’s commitment to all Malaysians, regardless of race or religion, he said.

“This allocation is in addition to the RM200mil announced in the first stimulus package,” he said.

Murugiah steps on MICs toes again

March 11th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


It started when PPP’s Deputy Minister in PM’s Dept Senator T Murugiah said “Malaysian Indian leaders are responsible for the community’s economic backwardness because they failed to play their roles effectively” and that one should not blame the government or PM Badawi because “the prime minister had appointed Indian community leaders to help the community”.

The articles seems to wrongly mention the following – “Murugiah, who has been entrusted with Indian affairs in the Prime Minister’s Department, said these community leaders should be blamed for not disseminating correct information to the community, resulting in its backward economic state.” As far as I know, SK Devamany is in charge of Indian Community Affairs while Murugiah is overseeing the Public Complaints Bureau. Not sure if there were swappings, but no official news so far.

Murugiah went on to say:

He said the failure to convey correct information and the opportunities made available by the government in the economic field had enraged the Indian community and caused it to rebel, as demonstrated in the last general election.

“In fact, many business opportunities have been made available by the government for the Indian community but lack of exposure and knowledge of this have kept the community backward,” he told reporters after opening a seminar on small businesses and agro-farming for 500 people, here.

Murugiah said many business opportunities and loans had been made available by the various government departments and agencies for the Indian community but many Indians had not taken advantage of these.

He said claims that the government had marginalised the community in terms of the developmental and economic aspects were unfounded.

Of course, one would ask what he is doing about it. His comments:

Murugiah said he had drawn up a series of seminars at state and district levels to enlighten the community on ways to find employment and seek business opportunities.

The seminars also see participation by the Agriculture and Agro-based Industry Ministry, the Entrepreneur and Cooperatives Development Ministry, the Youth and Sports Ministry and banking institutions.

“Through these seminars, we will expose the participants to the small business opportunities which do not require huge capital and investment but can generate a monthly income of at least RM6,000,” he said.

The insinuation that MIC leader did not do his job (well, who else do you think he was refering too?) was not taken lightly by MIC. Human Resource Minister Dr S Subramaniam fired the first salvo:

“The MIC has no time to respond to statements regarding the progress of the Indian community in the country as there are other better things to do,” he said in response to Murugiah’s statement that blamed the MIC for the poor economic showing of Indians.

Dr Subramaniam said Murugiah’s statement was baseless as MIC leaders had actively promoted the interests of the community over the past 60 years.

“It would be better if he concentrated on doing something positive for the community rather than passing negative comments on what others are doing and by so doing only creating unnecessary friction among leaders.

“We cannot waste time commenting on everything he says. There are many other better things for the leaders of the Indian community to do,” he said.

Next to be pissed off was SK Devamany, who is left wondering what is his portfolio actually. He is bewildered that thing related to his portfolio is being announced by another person. Devamany chided Murugiah for “intruding” into his territory:

He said Murugiah, also deputy minister in the department in charge of the Public Complaints Bureau, should not have spoken on Monday about the RM12 million allocation by the Economic Planning Unit for Indian businessmen.

Devamany, who said the EPU came under his jurisdiction, added that the announcement should rightly have been made by Deputy Prime Minister Datuk Seri Najib Razak yesterday. He said it was also unethical and unacceptable for Murugiah to make the announcement before Najib.

“The RM12 million Tekun loan, RM12.2 million for skills training and RM50 million for Tamil schools were all obtained through recommendations by the EPU,” he told reporters in the Parliament lobby.


Last year, Federal Territories Deputy Minister Datuk M. Saravanan lambasted Murugiah for saying that Kuala Lumpur City Hall, which comes under the Federal Territories Ministry, should undertake lift repair work at a privately-owned condominium in Sentul. They also had a tiff over the resettlement of Kg Pandan Indian settlement residents.

I guess once a mosquito, always a mosquito. 🙂

Disability not hurdle for Kuganesh

March 11th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


This is the kind of news that we should pass on to our kids and youths. To show that nothing is impossible if they can put their minds to it. Also a good lesson to parents – show support and motivate their kids.

R. Kuganesh has never let the inability to use his right hand stand in the way of his dreams. Yesterday, the Malacca High School student scored three As and a B in STPM.

His accounts teacher, Azmi Sukmis, said Kuganesh was an exceptional student who prepared for his lessons a day before and asked questions if he had doubts.

Kuganesh said disability should not be a reason for anyone to fail.

“We have to be consistent and attentive in class, and focus more on the subjects that we are weak in.

“We should set a goal, affirm that we will succeed and learn to turn those affirmations into reality,” said the lad who spent four hours a day revising.

Kuganesh scored an A for Accounts, Economics, and Business Studies and a B for General Paper.

His father, Raju Periasamy, an insurance agent, said Kuganesh was born with a disabled right hand.

“He would cocoon himself in the early days but after he attended a motivational talk, I saw changes. His school results got better.

“He scored 5As in the Sijil Pelajaran Malaysia exam.”

RM60 billion!

March 10th, 2009
|  Subscribe in a reader | Subscribe to poobalan.com by Email


First it was RM7 billion. Then rumours mentioned RM35 billion.

Today, DPM najib reveals RM60 billion worth stimulus package which is nearly 9% of the GDP. The package will be implemented over two years. Some details:

  • RM15 billion in fiscal injection
  • RM25 billion in guarantee funds
  • RM10 billion in equity investment
  • RM7 billion for private finance initiative and off-budget projects
  • RM 3 billion in tax initiatives

The expenditure is aimed at:

  1. Reducing unemployment, increasing employment – RM2 billion
  2. Easing the burden of the rakyat, especially vulnerable groups – RM10 billion
  3. Assisting the private sector – RM29 billion
  4. Building capacity for the future – RM19 billion

FIRST THRUST: REDUCING UNEMPLOYMENT AND INCREASING EMPLOYMENT OPPORTUNITIES

To create a total of 163,000 training and job placement opportunities in the public and private sectors. 6 steps to be taken as below:

  • First: Increase the number of participants under the Special Training and Re-Training Programmes for retrenched workers and the Dual National Training Scheme to enhance skills of those currently employed;
  • Second: Increase the number of training programmes with the cooperation of industries and related companies, such as in electrical and electronics, welding, robotics and construction. In addition, more industrial and technical skills training will be conducted by Skills Training Centres in all states for 10,000 trainees.
  • Third: Provide on-the-job training for unemployed graduates, in the financial sector by the Securities Commission and Bank Negara Malaysia for a period of 2 years. A total of 1,000 unemployed graduates will participate in this programme;
  • Fourth: Provide 2,000 training opportunities and job placements in GLCs, particularly in the services sector, such as outsourcing, aviation, utilities, health and creative multimedia;
  • Fifth: Perbadanan Usahawan Nasional Berhad (PUNB) will implement attachment training programmes for graduates and those with skills certificates. Participants will be placed in PUNB investee companies for a period of 6 months to a year. On completion of training, qualified participants will receive financial assistance from Projek Pembangunan Usahawan Dalam Bidang Peruncitan (PROSPER) to venture into business. PUNB targets 2,000 graduates to be trained under the attachment programme;
  • and Sixth:Further strengthen the Program Tunas Mekar to encourage graduates to venture into business activities and add value to existing small and mediun enterprises (SMEs). A total of 500 graduates and SMEs will participate in the programme.

To establish 22 JobsMalaysia Centres and upgrade 109 existing centres to facilitate access for workers and employers to obtain job placements, career counselling and information on training opportunities.

Employers who employ workers retrenched from July 1 2008 be given double tax deduction on the amount of remuneration paid. Only those employing from March 10 this year to Dec 31, 2010 is able to claim so.

The government proposes that existing tax exemption of RM6,000 given on retrenchment benefits be increased to RM10,000 for each completed years of service.

Government to recruit 63,000 staff to fill vacancies and serve as contract officers in various government agencies as follows:

  1. Expedite recruitment for RM50,000 vacant posts at the support and professional level in the federal civil service;
  2. Create additional 13,000 jobs for officers on a contract basis in government agencies, as follows:

(i) Recruit 4,000 officers on short-term service with minimum SPM qualification and monthly salary of RM1,200;

(ii) Recruit 1,000 graduates as school teachers on contract basis with monthly salary of RM2,000;

(iii) Recruit a total of 800 contract workers to strengthen the implementation of Program Cari under the Women, Family and Community Development ministry for a period of six months to a year;

(iv) Recruit 1,000 public health assistants on contract basis in local authorities for control and prevention of infectious diseases;

(v) Recruit 4,500 contract officers as enumerators in the Department of Statistics to carry out population census; and

(vi) Recruit 1,700 nurses and health support staff in the Health ministry.

To encourage more Malaysians to pursue Masters (10,000 places) and PhD (500 places) by financing tuition fees and research grants up to RM20,000 for student pursuing PhDs locally and RM10,000 for those taking Masters programme. This includes all local IPTAs, UNITEN, MMU, and UTP. MOHE will be in charge of running the show. And yeah, its open for all Malaysians, based on merit.

Levy on foreign workers will be doubled for all sectors except construction, plantation and for domestic maids; the levy will be paid by the employers and not by the workers.

SECOND THRUST: EASING THE BURDEN OF THE RAKYAT, IN PARTICULAR THE VULNERABLE GROUPS

A sum of RM674 million in subsidies will be allocated to avert price increases of necessities, such as sugar, bread and wheat flour. Without these subsidies, the price of sugar will increase RM0.47 per kilogramme, wheat flour RM0.60 per kilogramme, and a 400-gramme loaf of bread by RM0.26. The Government will also provide RM480 million to ensure that toll rates are not increased. With these measures, the Government will allocate a sum of RM27.9 billion for subsidies in 2009

the Government proposes that house buyers be given tax relief on interest paid on housing loans up to RM10,000 a year for 3 years.

the Government will issue syariah-compliant Savings Bonds amounting to RM5 billion this year. The bond will have a maturity of three years, with an annual return of 5% and will be paid quarterly to bond holders. Apart fron providing an additional savings instrument to the rakyat, the bonds will provide holders with additional income. Bondholders will receive additional income of RM250 million a year. The bonds are available to all citizens aged 21 and above, with a minimum investment of RM1,000 and a maximum of RM50,000.

Allocation of RM1.95 billion is provided to build and improve facilities in 752 schools, particularly in rural areas as well as Sabah and Sarawak. A sum of RM300 million from this allocation will be used to improve facilities in government-aided religious schools, national-type Chinese and Tamil schools as well as mission schools.

Banking institutions have agreed that retrenched workers defer the repayment of their housing loans for one year.

THIRD THRUST: ASSISTING THE PRIVATE SECTOR IN FACING THE CRISIS

the Government will assist in the auto-scrapping scheme for PROTON and PERODUA. Under the scheme, a discount of RM5,000 will be given to car owners, who trade in their cars, which are at least 10 years old, for the purchase of new PROTON or PERODUA cars. The Government will finance part of the discount borne by PROTON or PERODUA