Archive for the ‘Indian’ category

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.

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.

Cabinet backtracks on SPM subject limit

December 5th, 2009
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After Samy’s not-so-subtle reminder that support for BN will erode, the government today revised its own decision. I’m still not clear on the details (and that is worrying too) – but more on that later. On one side, MIC is being praised for able to convince the government to allow students to take up to 12 subject for SPM, while on the hand, some consider this as fixing a problem which self-created in the first place. And shockingly, it needs intervention of PM to solve the problem.

For last 6 months since the implementation was announced, nothing moved. Education Department was strong on its stance, saying limit is 10 subjects as it was cabinet policy. The DG even mentioned about school-level certification,which made the Tamil groups’ blood boil because it looked as if downgrading the language.

Today, news came via FB that cabinet had listened to the points by Dr S.Subra and decided to revise (some already labelled it as flip-flop!) its own decision.

So, no protest next week. Who should we thank? I say Samy Vellu because he knew what words to say that will push the button in the right places. All this while, nothing much happened (Dr Subra said that MIC doing many things but cannot announce, and that’s why people may consider it not being proactive – me included). Well, if don’t announce what you doing, its like digging own grave. Same as like not updating websites. Not easy to have blogs and websites, you know.

The NGO’s also deserve a big thanks, because they decided to push the ante. If not, MIC may have not moved in to solve the problem and save itself more ridicule from the community.

Putera MIC started a petition, which is still in the hundreds of signatures. Should have done that earlier, much earlier. But hey, better late than never!

Who should not be thanked – Those late-comers from certain opposition political parties who issued statements recently. No news for last few month but now want to protest and “save” the Tamil language. No brownie points  for you guys.

OK, let’s move to the solution. I listened to radio and read two papers. Excerpts from Malaysiakini report as below while from  Star report is after that.

The cabinet has decided to allow students sitting for the SPM examination to take 12, instead of 10 subjects to let some students to take vernacular language papers.

The decision comes following strong protests from various groups, including MIC and MCA, who argued that the 10-subject cap would not bode well for the future of vernacular languages.

Education Minister Muhyiddin Yassin said students can include Chinese or Tamil and Chinese or Tamil literature subjects among the 10, but they will not be counted as “officially recognised” subjects.

“The cabinet has decided that the 10-subject cap will remain but we are giving some leeway for students to have options,” said Muhyiddin, who is also deputy prime minister, after chairing the 65th National Land Council meeting in Putrajaya.

He said Education director-general Alimuddin Mohd Dom would provide a more detailed explanation on the matter soon.

According to Muhyiddin, students can still enrol for more than 10 subjects in SPM examinations if they find it useful, but only 10 would be officially recognised.

“They can take (more than 10 subjects) but it would not counted for purposes of scholarships and other matters. (Additional subjects) might be useful for example if someone wants to be a Tamil teacher and wants to show qualifications,” he said.

“They can take 12 or 11 subjects but it will not be considered in the 10 core and elective subjects,” stressed Muhyiddin.

The cabinet’s decision to limit 10-subject cap has caused outcry because vernacular languages would lose its official recognition at the SPM level.

… In an immediate reaction, MIC president S Samy Vellu lauded the cabinet for making the changes.

“I thank the prime minister and the deputy prime minister for agreeing to our (MIC’s) request,” he said.

Yesterday, Samy Vellu had appealed to Najib Abdul Razak to step in and resolve the issue.

“The prime minister has heard and acted on our request,” said the MIC president, adding that the cabinet’s decision reflected the true spirit of the ‘1Malaysia’ concept.

“The prime minister has understood the feelings of the Indian community. He is a true leader for all Malaysians,” he said, adding that Najib should be congratulated for making a bold move.

Samy Vellu said he hoped the issue will be put to rest, and all concerned parties will accept the decision.

“Tamil language and Tamil literature will continue to flourish in this country with the cabinet’s decision,” he said.

He said that the cabinet’s decision proved that all issues can be resolved through negotiations with the government and not through other means.

“We (the MIC) will continue with this (negotiations) on other issues and I am confident that the government under Najib’s leadership will strive to do the best for the people of all races,” he said.

Samy Vellu also congratulated MIC vice-president Dr S Subramaniam, who is also the human resources minister for securing a solution to the long-standing issue in today’s cabinet meeting.

The Star:

Students sitting for the SPM examination can take two additional subjects but exam results will only be based on 10 subjects, said Education Minister Tan Sri Muhyiddin Yassin.

He said the matter was decided by the Cabinet request by certain quarters that the ministry allowed students to sign up for 12 subjects.

Muhyiddin, who is also Deputy Prime Minister said the matter was also raised in the Cabinet meeting by Human Resource Minister Datuk Dr S. Subramaniam.

“The Cabinet has decided to give students the flexibility to take two additional subjects for their SPM exams. However, the results of the two additional subjects will not be counted as part of the SPM results. Their SPM results will be based on the 10 main subjects.

“Education director-general (Tan Sri Alimuddin Mohd Dom) will announce the details soon,” he told reporters after chairing the National Land Council meeting Friday.

Muhyiddin said if a student took 12 subjects for SPM, results that would be considered for scholarships, for instance, would be based on the 10 main subjects.

“However, if a student aspired to become a Tamil language teacher, the results of the additional subjects may be used to determine if they qualify to sign up for such courses,” he said.

Recently, youth wings from MIC, Gerakan, MCA and People’s Progressive Party (PPP) had asked the Education Ministry to review its decision to cap the number of subjects in the SPM examination at 10.

They wanted students be allowed to sit for 12 subjects to cater to those keen on Literature or Tamil or Chinese languages.

So, what does it mean? We have two category of subjects: core and elective (which have own sub-branches). For Science stream there are 5 core subjects, and 6 for Arts stream students. Science stream students would take 4 subjects from pure science group, so total nine subjects have been taken, leaving room for one more subject that will be counted for 10 official subjects. That means the Science stream student can choose to take any one from the following: Geography, Accounts, Economy, Tamil, Mandarin, Tamil Literature, Chinese Literature, Malay Literature, English Literature, Arts etc. After that, he/she can choose another two subjects from any group as per his interest. For Arts stream, its similar except that the core subjects are 6, thus leaving only 4 place for elective subjects for the compulsory 10 places. OK, fair enough.

Question is, can the student choose language/literature subjects as part of the compulsory 10, or is it limited to the “extra two ” category?  We have to wait for the details later.

Anyway, its a simple solution, yet effective on the face of it. In fact I think I have read similar suggestion in one of the forums (lowyat or recom). Why wasn’t this done earlier? – could have saved lots of time and hassle. Makes me wonder if the public is smarter than leaders (obviously yes since more heads are better than one!) or even if the leaders are capable and competent in the first place.

SPM limit saga continues

December 2nd, 2009
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Education Ministry says:

The Education Ministry is staying firm with its decision to limit the number of subjects Sijil Pelajaran Malaysia candidates may take to 10.

The ministry has no plans to make special provision for SPM candidates wishing to take additional vernacular subjects.

Education director-general Tan Sri Alimuddin Mohd Dom said the 10-subject limit was a cabinet policy that could not be changed at this point. [which Dr Subra is a member of. Maybe the cabinet members not agreeable with his arguments]

He said schools where such vernacular subjects were taught could take the initiative to issue special certificates to students who took school examinations in vernacular subjects, for Form Five school leavers. [initiative? This guy must be joking!]

Alimuddin told the New Straits Times that these certificates could be produced by students when they wished to apply for jobs requiring proficiency in a vernacular subject. [Would employers accept it? Maybe need to have 3rd party certification?]

He said otherwise the students could use the school report cards which also show their proficiency in the vernacular subject. [but it won’t be standardised]

And thus the call for centralized coordination:

Schools which want to offer the vernacular language examinations for students unable to take these subjects at the Sijil Pelajaran Malaysia (SPM) level must be centrally coordinated to ensure standards.

Principal research fellow at the Institute of Ethnic Studies in Universiti Kebangsaan Malaysia Datuk Dr Denison Jayasooria said the Education Ministry must be in charge of this.

“The learning of community languages is our heritage and should be encouraged especially in line with 1Malaysia,” he said.

National Collaborative Parent-Teacher Association of Malaysia president Assoc Prof Datuk Mohd Ali Hasan said an agency within the ministry such as the Malaysian Examinations Syndicate (MES) should set the guidelines for these examinations.“The MES has to monitor the examinations set by schools to ensure quality as there would be no standardisation if all schools were to set their own papers,” he said.

… United Chinese School Committees Association of Malaysia (Dong Zong) deputy chairman Chow Siew Hon said he disagreed with the suggestion as there would be no standardisation and consistency if schools came up with their own exams to evaluate students.

“My concern does not just revolve around the future of Chinese and Tamil languages but also how the ruling to limit students to taking only 10 subjects for SPM would affect students’ learning and decision when selecting the SPM subjects for the courses that they want to pursue at tertiary level,” he said.

But Dr Ramasamy was more direct:

Education director-general Alimuddin Mohd Dom has been told to resign over his failure to find an amicable solution to the ’10 subject’ Sijil Pelajaran Malaysia examination controversy.

Penang Deputy Chief Minister 2 P Ramasamy slammed Alimuddin for suggesting the ‘bizarre’ idea for schools to draw up their own vernacular language examinations to overcome the hindrance to students caused by the 10-subject SPM cap.

Yesterday, Alimuddin said schools can conduct their own examinations on respective vernacular language subjects and issue certificates to the students to acknowledge their level of proficiency.

Commenting on this, Ramasamy said: “He is not listening to the people’s views and opinions.”

“He is trying to bulldoze an examination policy that would kill vernacular subjects from the country’s schooling system.

“He is incompetent and insensitive over the education needs of all Malaysians. He is not fit to head such an important portfolio,” he told reporters at the Penang state assembly.

Ramasamy plans to table a motion at the ongoing assembly sitting to pass a resolution calling on the federal government to scrap the 10-subject cap and increase it to minimum 12-subject cap.

He said only a minimum 12-subject cap would enable Indian and Chinese students to sit for their vernacular language and literature subjects for SPM.

He said the 10-subject grand plan would first discourage students from taking up their mother tongue subjects at the secondary and tertiary levels, which ultimately would create a severe shortage of teachers in vernacular schools.

Eventually, he said vernacular schools, including 534 existing Tamil schools, would have to close down due to dearth of teachers.

“The 10-subject magical formula is damaging to the Indian and Chinese communities. It’s an Umno grand plan to banish Tamil and Mandarin in the country,” added the former university lecturer.

Over the last 10 years, he said students taking up Tamil language and literature subjects for SPM have gone up, from 340 in 1998 to 4,391 in 2008. [can verify this or not?]

“It shows the interests of students to learn their own mother tongue has gone up,” he said.

More than 20 national Indian non-government organisations (NGOs) have already planned to stage a protest on Dec 12 at the Wisma Peladang in Petaling Jaya against the ministry’s attempt to introduce the 10-subject SPM formula.

Ramasamy welcomed the rally and hinted he would take part in it.

“Indians definitely need to hold a major protest against this infringement of our language rights,” he said.

Oh ya, MIC Youth submitted memorandum protesting the limit to DPM today.