Waytha free to return but…

/* March 12th, 2009 by poobalan | View blog reactions 1 comment »
 Subscribe in a reader | Subscribe to poobalan.com by Email


Since Waytha was diagnosed with heart-related problem (rare heart condition known as Arrhythmogenic Right Ventricular Cardiomyopathy (ARVC), an inherited heart muscle disorder where damaged heart muscle is gradually replaced by scar tissue and fat. A recognised cause of sudden death in the young, the condition may cause abnormal electrical heart rhythms and weakening of the pumping action of the heart), he has expressed his intention to return to Malaysia (“tanah tumpah darahku” – place of birth, I guess) to be with his family while he get more treatment and recovers. 2 days ago, the proposed surgery has been postponed to today due to his deteriorating health.

MCPX

He has since been quarantined at a specialist heart centre on a 48-hour observational period, after which doctors will decide on whether or not to carry out the operation to place an implant in his heart. He had been advised that he would run the risk of complications such as cardiac arrest and puncture of the heart should the surgery proceed.

There some issues regarding the status of Waytha’s passport. Waytha said that his passport was revoked (and I got a comment posting the content of a memo supposedly ordering the revocation – but its unverified). This is rebutted by Syed Hamid who said that Waytha has returned his passport to the Malaysian High Commission in London and is travelling with British travel documents (issued by the British government so that he can move around). I still remember the home minister saying that the passport had expired and now saying its been returned to the High Commission. In fact, he was quoted in NST as saying “We have just sent his new passport to the Malaysian High Commission office in London but he has yet to collect it.” Which is which now? Our minister also goes off-tangent by saying that Waytha is still a citizen. Of course he’s still a Malaysian citizen. The issue is with is travel documents, not citizenship.

There were few “guarantees” that HINDRAF wanted from the government in order to ensure Waytha’s safe passage back and subsequent freedom from persecution. However, I reiterate that its wishful thinking. Its not possible for Home Minister Syed Hamid to offer any sort of concession, nor can his words be believed by Waytha’s team. The Home Minister gave a grim reminder (or warning):

Asked today at the Parliament lobby if action would be taken against Waythamorrthy if he returns, Syed Hamid declined to give a direct answer.

“Everyone is subject to the law… everyone has to face the consequence,” was all he would say.

So, Waytha is free to return but… he’ll be sent to Kamunting under ISA as it was already mentioned before. That’s what I think will happen.

How much do Tamil Schools get under second stimulus package?

/* March 12th, 2009 by poobalan | View blog reactions 5 comments »
 Subscribe in a reader | Subscribe to poobalan.com by Email


I’m a bit confused. Earlier, it was mentioned that RM300mil has been allocated for religious, Chinese, Tamil and mission schools in the second stimulus package. This is in addition to the RM200 million announced in first stimulus package. I read DPM Najib’s speech in the Star and its verified under point 37:

Improving School Facilities 37. To further strengthen human capital development, the Government will provide a more conducive learning environment. For this, an 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.

I thought the RM300 million will be divided equally (as was in the case of the RM200 million earlier) among the four types of schools. So each type will get RM75 million. Thus, you can imagine my surprise when Dr S Subramaniam saidthe additional RM50mil allocated for Tamil schools by the Government under the second economic stimulus package will be used to rebuild 40 schools.”

So, looks like Tamil schools did not get an equal share, or is it a miscommunication by The Star?

He also added mentioned that RM30mil was approved by the Finance Ministry before the March 8 general election, and the total funding now is RM130 million. RM80 million has been disbursed through the PWD to rebuild more than 60 Tamil schools.

NOTE: I emailed Dr S Subra for clarification, but no reply received.

Sivakumar can’t defend himself

/* March 12th, 2009 by poobalan | View blog reactions No comments »
 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 by poobalan | View blog reactions No comments »
 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 by poobalan | View blog reactions No comments »
 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. 🙂