30 Sep 2016

King can’t remove PM, says ex-AG Abu Talib

KUALA LUMPUR: A prime minister can be removed only through established convention or a court judgement, says former attorney-general Abu Talib Othman in disagreement with a lawyer representing former PM Mahathir Mohamad.

“Whether the Prime Minister should remain in office is decided by the majority of MPs,” he said.

For this to happen, he said, a vote of no-confidence needed to be moved in Parliament. Alternatively, he added, a majority of MPs could make a representation to the Yang diPertuan Agong that they no longer supported the Prime Minister.

“This is the legal principle established by the Federal Court in 2010 after the Perak case, following the fall of the Pakatan Rakyat government.”

Abu Talib made his remarks in response to a statement by lawyer Mohamed Haniff Khatri Abdulla on Wednesday. He said the King was empowered to remove the PM.

Haniff, who represents Mahathir in civil cases, said the Federal Constitution clearly stated that “the power to appoint includes the power to dismiss.”

He drew attention to Article 40 (2) (a) of the constitution, which states that the King may act in his discretion in the appointment of a prime minister.

Article 40 (2) (a) does not make any reference to the power to dismiss, but Haniff referred to the interpretation provision in the 11th Schedule of the constitution, which states that where a written law confers upon any person or authority a power to make appointments to any office, the power shall be construed as including the power to dismiss or suspend.

Because the schedule was made alongside the constitution, he argued, ignoring the former would make the latter incomplete.

Abu Talib said a general provision in the schedule could not be used as a basis to remove the chief executive of the government.

He said the provision cited by Haniff could be used only to remove ministers as the King appointed them on the advice of the Prime Minister.



Source :  http://www.freemalaysiatoday.com/category/nation/2016/09/30/king-cant-remove-pm-says-ex-ag-abu-talib/

Dr M calls Najib a ‘saboteur of democracy’

While Prime Minister Najib Abdul Razak had rebuked his opponents of trying to oust his democratically-elected government, his archnemesis Dr Mahathir Mohamad said it was Najib who is against democracy.
"Najib claims his government is democratic and any attempts to remove it is against democracy. This is a baseless claim and laughable.
"A practice accepted in democracy is the removal of leaders who have failed, unsatisfactory or done wrong against the country," said Mahathir in a blog posting yesterday.
The former prime minister said this is seen in Australia, United States, Britain and Brazil where their leaders quit or were removed before their term was up.
"What has happened now is Najib has rejected democracy. The evidence is overwhelming," said Mahathir.
He said among the example was the absence of the separation of powers as Najib now controlled the legislative, executive and judiciary, while MPs are forced to comply with the prime minister's will.
This resulted in the inability to bring a no-confidence vote against Najib in Parliament.
He added that civil servants, police, the military, businesspersons as well as the media were also being made to submit to Najib or face retribution.
Mahathir also noted that the newly introduced National Security Act 2016 disallows an inquest in the event a citizen or a member of the security forces is killed.
"All this is clear evidence that Najib has destroyed democracy in this country.
 "The one who should be arrested and charged in court is Najib for sabotaging democracy in Malaysia.
"As long as Najib is the prime minister, Malaysia will not be democratic. Far from it, Malaysia will have an iron fist government that does not adhere to the rule of law," he said.
Najib had accused Mahathir and his allies of trying to oust his government to make way for his son, Mukhriz, to be prime minister.
However, Mahathir claimed he is out to remove Najib over wrongdoings in the 1MDB scandal, where billions of ringgit have allegedly gone missing.
Najib had repeatedly denied taking public funds for personal gain.



Read more: https://www.malaysiakini.com/news/357383#ixzz4LiGJqZYl

Can ex­AG Gani challenge his sacking now?

Following the much­anticipated appearance of former attorney­general (AG) Abdul Gani Patail at last week’s International Malaysian Law Conference, one question has arisen, namely whether he could take legal action over his abrupt removal on July 28 last year.

Former Malaysian Bar president Kuthubul Zaman Bukhari, who was on the panel with the former AG, suggested that Gani take action over his sudden removal from being the top prosecutor in the country, and also who led the special task force comprising several agencies to investigate 1MDB.

Kuthubul opined there ought to be checks and balances following Gani’s sudden removal.

Gani himself, who was posed with the question, was not direct in his answer but said that unlike judges or the auditor-­general, the AG does not have security of tenure as it was up to the PM to remove the AG “at his whim”. However, Gani said he stands to be guided on this issue.

To challenge a decision by a person in authority can be done through a court by way of judicial review before the High Court.

It is the High Court who could grant an order of mandamus (to compel) or certiorari (to quash) an order. This follows as a civil servant requires a proper hearing before one is removed from office.

29 Sep 2016

Don : Najib not the right person to speak for Agong,

Prime Minister Najib Abdul Razak is not the right person to speak on the Yang di-Pertuan Agong’s behalf regarding His Majesty’s position on the Citizens' Declaration, said constitutional law expert Abdul Aziz Bari.
Most countries with a constitutional monarchy would have its own establishment that can speak on the palace's behalf, rather than speaking through the prime minister, he said.
“What more, in this case we are talking about the position of the prime minister that has become an issue.
"In a way, it is a conflict of interest,” he told reporters after attending a forum in Shah Alam as a panellist yesterday.
He was asked to comment on Najib’s statement last Wednesday that the Agong had told him about Parti Pribumi Bersatu Malaysia (Bersatu) adviser Dr Mahathir Mohamad’s royal audience a week earlier.
Mahathir was reported to have brought with him the Citizens' Declaration - which calls for Najib’s removal from office and for institutional reforms - and photos purported to be that of 1.3 million documents signed by the public.
Najib said the Agong had told Mahathir His Majesty could not be involved.
“This is as the declaration made by Bersatu was not in accordance with the constitution.
"Any action should be in line with accepted practices via the parliament and electoral system for the rakyat to make their decision,” Najib said.
Truly reflecting palace views?
Aziz yesterday said the Agong would ideally rise above politics and play a non-partisan role, especially in the tumultuous times Malaysia is facing now.
He said he believes it would not be proper for the palace to reject the Citizens' Declaration outright.
Therefore, he said, Malaysians are left wondering whether Najib’s statement actually reflects the palace’s view of the petition.
“We are wondering what is actually the sikap, or the attitude, or the stance of the Yang di-Pertuan Agong in particular, and the Conference of Rulers as a whole.
“Because this is a matter involving the prime minister, so I don’t think he is the right person to speak on (the Agong's) behalf,” he said.


Read more: https://www.malaysiakini.com/news/357279#ixzz4LdZu3T9n


1MDB scandal is quite damaging, concedes Nazir


In an interview with the magazine Euromoney, CIMB bank chairperson Nazir Razak shares his views on the 1MDB scandal and being dragged into the imbroglio.
Published in its September issue, the article's writer noted how two days before the meeting with Nazir, a brother of Prime Minister Najib Abdul Razak, the United States Department of Justice filed a civil suit in relation to alleged abuse of 1MDB funds.
"When you agree to an interview, you don't imagine what's going to happen two days beforehand," Nazir had told the writer, who claimed that the banker honoured the interview against the advice of his communications advisers, "three of whom joined us in the room with a barrage of notebooks and tape recorders".
Responding to a question on the impact of the 1MDB scandal on Malaysia at an international level, Nazir conceded that it has never been harder to represent Malaysia than it is now.
He described it as "quite damaging."
"Investors today have a choice. They have vast choice. And Malaysia, even with everything else being equal, has a challenge, because we are a small economy, and we have strength but we also have this weakness that we are relatively small.
"If I set up in Indonesia, I've got a market of 200 million people. Malaysia's 10 percent of that.
"I've always maintained Malaysia has to work harder, much harder than the bigger markets. And a situation like that… when investors see something like the 1MDB fiasco, and don't understand it, they are left to question whether Malaysia condones the weak governance practices that were evident, and [they] have questions about the big institutions. It makes it difficult for us to promote Malaysia," he said.
Responding to the revelation that linked him to the 1MDB issue, which prompted the banker to go on leave pending CIMB's internal probe, Nazir said he was upset to have found himself in that position.
'I knew I wasn't doing anything wrong'
"We have our own laws and regulations and practices, so within that I knew I wasn’t doing anything wrong," he says. "But when the story came out in the WSJ, external observers were wondering: what on Earth is this? So that's why I had to take the step to clear my name.
"And the reason why this story comes up is because of the questions around the legitimacy of the funds that I was given, that's why it became a story. Without that, there's no story."
To a question, Nazir said he believed the money he had helped channel for his brother was campaign donation.
"And that may not be a done thing in all countries, but that happens in many countries in an election period.
"I'd say that I found it… it was upsetting to be dragged into this whole 1MDB controversy.
"I'd never in my wildest dreams thought that what I was asked to do had anything to do with 1MDB. So when the furore came out and it got linked to 1MDB, of course it was very upsetting, because I was determined that CIMB be nowhere near 1MDB," he said.
Though being cleared of any wrongdoing on his part, Nazir, according to the article, suggested that from an international perspective viewpoint, it does not look normal for a bank chairperson to distribute US$7 million of contributions to political parties through his own account at the behest of a sibling prime minister.
"Every time we deal with CIMB now, this is going to be flagged by compliance and we will have to explain why," the magazine quoted one international banker as saying.
Nazir was also questioned on how CIMB was affected by his name being linked to 1MDB, to which, he replied: "There are always incidents and challenges, and the key thing is how banks respond to them.
"In this instance it was very much a personal matter, and I dealt with it in that way. It wasn’t so much about CIMB; it was my account that happens to be in CIMB, as you would naturally expect. I would like to think we've kept CIMB very much away from this whole thing."
In the Euromoney article entitled, "CIMB's Nazir battling Malaysia’s demons", there is also a Game of Thrones-inspired image of a Malay warrior in the middle of two armies.
Commenting on this in an Instagram posting, the banker remarked: "Although flattering me with the super-muscular appearance, the artist is not giving me much chance of survival, in the middle of two fierce-battling forces! Oh well, so long as I think I did right by Dad's legacy and kids are proud."





Read more: https://www.malaysiakini.com/news/356961#ixzz4LbrqCAVv

26 Sep 2016

Walk the talk, TMJ tells Najib

Johor Crown Prince Tunku Ismail Sultan Ibrahim told Johorean football fans that he had informed Prime Minister Najib Abdul Razak to implement policies and not just talk.
This, he said, was after he expressed his concerns about the country's political stability to the premier.
Recounting his meeting with Najib, Tunku Ismail said he also told the PM that he was worried about what will happen to the country in the future, for despite their differences of opinion, the federal government and the royalty are interlinked.
"If you were to pinch my left thigh, my right thigh will feel it too."
He added that he had also asked to know about present government policies, and gave the PM a piece of his mind about the matter.
"Then I advised him to implement whatever it is, and not just talk. And from now on, its time to move forward," he said.
His comments were detailed in a post on the Johor Southern Tigers Facebook page describing a dialogue session he held with Johor Darul Takzim football fans and the media yesterday.
The crown prince had met with Najib in August, at the latter's official residence, Seri Perdana, in Putrajaya.
Meanwhile, Tunku Ismail said Johor is independent and neutral, and that he speaks out for the people, not because anyone is his enemy.
"Don't only think of yourself. I'm sad, (and) as His Royal Highness the Sultan of Johor stated lately, most politicians nowadays are busy pursuing more power.
"They sacrifice for power more than they do for the people."
Unlike other royalty, who prefer to keep a low profile, Tunku Ismail has a penchant for taking potshots at the federal government, mostly on Facebook.
He was previously embroiled in a public feud with Tourism and Culture Minister Mohamed Nazri Abdul Aziz who criticised the prince for being too vocal, especially in remarks he made against the government.


 

Source : https://www.malaysiakini.com/news/356820#ixzz4LLvoeCeG

19 Sep 2016

声明:丹斯里拿督彭茂燊太平局绅要求政治人物退出教育圈子,还教育予教育界!

丹斯里拿督彭茂燊太平局绅在吉隆坡中国华小举行的918《教育大蓝图》与华教危机汇报会上发表谈话。图取自陈书墉面子书)

社会爱心基金会主席丹斯里拿督彭茂燊太平局绅
配合918《教育大蓝图》与华教危机汇报会发表文告声明
各位华文教育的斗士,
各位来宾,
媒体的记者先生、小姐们,
今天我们大家齐聚这里,就是为了一句话“居安思危”。这句话是我们老祖宗的智慧,即使我们过着太平盛世的日子,也要时时刻刻提醒自己,危机随时降临!
今天的“918《教育大蓝图》与华教危机汇报会”,就是是要告诉大家,今天华人所拥有的一切成果,都是得来不易,包括我们坚守至今了将近200年的华文教育体系,华人一定要保持高度的警觉,以免这个200年的城池就这样沦陷。

我虽然是人们口中的二毛子,但我懂得自己的血统,我懂得华文教育的珍贵,因为它是华人文化和思想传承的工具。我今天懂得中华文化,除了我妈妈严格教导,也是靠自学华文得来的,因此,我理解华文传承中华文化的重要性。
再说,我身为华人,为自己和族群争取权益是天经地义的事。中华文化今天依然能够在这片土地生存和传承,都是有来与我们完整地保留华文教育,一旦我们失去学习自己文字的权益,其他的权益也将会付诸东流。

自从国家独立前,到独立59年后的今天,虽然中国都强大崛起了,许多国家开始学华文,我国却有人在找机会消灭华文教育。保障华文教育可以靠谁呢?其实就是靠华人自己!如果我们没有‘步步为营’(营业的营),就不能‘步步为赢’(赢奖的赢)!
很多时候,华文小学和淡米尔文小学,都会成为政治斗争的目标,随时会被套上莫须有的罪名,最常见的罪名就是“不利国家团结”。
就好像之前教育部推行的一项网上调查问卷,虽然说是为国家的团结寻找方案,但是,问卷的每一道问题都是剑指华文小学和淡米尔文小学,并且硬生生把“破坏团结罪名套在这两种源流的学校身上。


我个人觉得,这个问卷不合理,也不合逻辑的,因此,我坚决要求当局把问卷撤下!我个人觉得,任何一个族群的权益,不管是多数民族还是少数民族的权益,都应该受到保障,而不是用借刀杀人的方式,用民意调查’来加以抹杀!如果民意可以作为废除母语教育的标准,很多少数民族的权益就没有办法可以保障了。
到底一种语言和文字的使用是否就是国民团结的绊脚石?答案是否定!从今天极度保守的中东国度,到世界最文明、最民主的美国,即使使用同一种文字、语言、信仰同一种宗教,依然无法避免种族之间的歧视、摩擦,甚至互相杀戮。

大合照

身为华人,我能够结交各族朋友,我能够不分肤色、宗教地协助他们,证明母语、宗教和血统都不是族群之间融合的障碍。实际上,真正的障碍是政治!
如果一切都是以政治作为考量,什么东西都可以被当作为障碍,所有东西都会变得黑白不分。

因此,我呼吁政治人物,各政党领袖,把教育课题交回给专业的教育界人士,别一再把教育当政治本钱!政治人物应该退出教育圈子,把教育交回给教育界吧!
而华教界的政治份子,或被政治操控的所谓“华文教育界领袖“,都应该停止继续在华教界活动!
因为只要你们有政治背景,你们就会热爱政治多于教育,凡事就是以政治利益为考量,这样不但不会帮助华文教育,反而使华文教育继续受到伤害。
醒来吧,这些所谓的华文教育领袖!我希望你们流芳万世,不是遗臭万年!(KKT &PWY)

多家中文报报道有关918《教育大蓝图》与华教危机汇的部分新闻剪报:
中国报报道彭茂燊也呼吁身為華裔的民眾,在來屆大選中,善用手中一票,共同捍衛華教。


社會愛心基金會主席丹斯里彭茂燊和雪隆華校董事聯合會署理主席鄒壽漢,在匯報會上多次點名批評,教育部副部長張盛聞是馬華歷屆最糟糕的副部長。
他們是針對張盛聞日前發表言論,指許多人批評政府打壓中文教育,因為不了解大馬中文教育定位與地位,而做出駁斥。
鄒壽漢指出,華教受到打壓也是因為中央政府遲遲未肯承認統考文憑一事。
彭茂燊也呼吁身為華裔的民眾,在來屆大選中,善用手中一票,共同捍衛華教。
#會愛心基金會主席丹斯里彭茂燊#鄒壽漢
#918
《教育大藍圖》與華教危機匯報會
#中国报 19/9/2016


中国报夜报 19/9/2016
中国报早报 19/9/2016


20160918
彭茂燊吁善用选票捍卫华教
(吉隆坡18日讯)维护华教联合会大会顾问丹斯里彭茂燊表示,全国大选將在明后两年举行,华社应该以手上的选票来捍卫华教权益。
他说:「大家应该继续捍卫华教的权益,不是每个人要移民的,大马是个美丽的国家,所以我们一定要在此继续捍卫。你手上选票,就是你的权益。这是联邦宪法里面赋予你的权利,你要好好运用。」
大会筹委会主席邹寿汉则指出,砂拉越政府去年说要承认统考,但目前独中生仍是不能以统考进入砂拉越大学。「可能明年要全国大选,现在他们(砂州政府)又搬出英校,但选举结束后政府可能又忘了。」
彭茂燊和邹寿汉也將矛头对准教育部副部长张盛闻。

东方日报19/9/2016

邹寿汉表示,马华妇女组教育局主任黄淑华况且曾经要求公佈教育部拨款的计算公式,但张盛闻身为副部长对华教却没有极力爭取。他说,「所以我说,张盛闻是马华歷史上最差劲的教育部长。」
教育蓝图与华教危机匯报会也在会议结束前通过3项大会提案,包括坚决要求政府纠正《2013年至2025年教育蓝图》內不利于母语教育生存与发展的政策和措施。
其他议决案包括坚决反对教育部在华小推行双语课程计划,以及促请全体华小董事会坚决维护学校主权,不应该把校地献给政府,將法定地位从政府资助学校改为政府学校。