Saturday, May 16, 2009

Prepare 200 Bloggers to Retain/Gain Political Power?

MCA women are now planning to prepare of having 200 bloggers to promote NF’s idealism. In the recent NGE, NF had lost many seats. According to them that due to many bloggers from the opposition parties did not give true pictures of the government and the NF.


Why many NF members so naïve? Rakyat today know how to judge anything. Most of them now are educated. Not like the NF members who are almost not educated and foresighted but only know how to polish their bosses to survive luxuriously.


As State Assemblyman, someone could earn basic income of around RM5,000.00. A year after won the post, he/she able to erect bungalow, buying posh car, etc. From where the extra monies come from?


I remember, my former MP of Parit won in 1969, never practiced money politics or involved in corruption. Until his death, the only car he had and left was a Morris Minor. He used that car when meeting the Rakyat and for formal functions in the constituency.


He had defeated the incumbent the late Dato’ Hussein Noordin former MD of Utusan Melayu Berhad, although the late Tun Razak had campaigned at Tanjung Belanja’s SK field aggressively for Hussein to win. I was a secondary student at that time played hidden role to influence all my relatives to vote PAS, and Cekgu Hashim Gera won.


Napoleon Bonaparte said, “We can cheat certain people at certain time, or we can cheat certain people at all times, or we can cheat all people at certain time, but we could not cheat all the people at all times.”


We have many liars till today, most of them are the world countries’ leaders. Saddam Hussein was killed in the absent of the impactful truths, but he was killed to fulfill the power crazy of the two most mad men (father and son) ever borned in this modern civilization. We can guess who they were!

Friday, May 15, 2009

MB Sah Diharamkan MB Batal Dihalalkan

Oleh : Peguam Hanipa Maydin


Saya percaya ramai ingin mengetahui sama ada keputusan Hakim Mahkamah Rayuan, Dato Ramly Ali menggantung pelaksanaan keputusan Mahkamah Tinggi bermakna Zambry adalah Menteri Besar Perak yang sah?


Sebelum saya menjawab soalan tersebut, elok rasanya saya berkongsi dengan pembaca tentang perintah-perintah yang diberikan oleh Mahkamah Tinggi pada 11 hb Mei yang lalu. Mahkamah Tinggi ketika mana membenarkan permohonan Dato Seri Nizar Jamaluddin memerintahkan seperti berikut :-

a. Berkenaan tafsiran Fasal 16 (6) Undang-Undang Tubuh Kerajaan Negeri Perak bahawa dalam keadaan di mana :

(i) Menteri Besar Negeri Perak Darul Ridzuan ingin, dan telah member nasihat, untuk pembubaran Dewan Perhimpunan Undangan Negeri Perak;

(ii) tidak terdapat pembubaran Dewan Perhimpunan Undangan Negeri Perak;
(iii) tidak terdapat usul tidak percaya yang diambil dan diterimapakai dalam dan oleh Dewan Perhimpunan Undangan Negeri Perak terhadap Mentri Besar Negeri Perak Darul Ridzuan; dan

(iv) tidak terdapat perletakan jawatan mentri besar Negeri Perak Darul Ridzuan;
Mahkamah mengisytiharkan jawatan Mentri Besar Negeri Perak Darul Ridzuan (yang dipegang secara sah oleh Nizar ) tidak boleh dan/atau tidak dikosongkan.

b. Perintah “quo warranto” dikeluarkan kepada Zambry (Responden) memerintahkan beliau untuk tunjuk sebab dan memberi maklumat bagaimana dan di bawah dasar atau kuasa atau authoriti mana beliau berhak kononnya memegang jawatan Mentri Besar Negeri Perak Darul Ridzuan dan kononnya bertindak dan/atau menjalankan dan/atau melaksanakan tanggungjawab-tanggungjawab, fungsi-fungsi dan tugas-tugas Mentri Besar Negeri Perak Darul Ridzuan.

c. Perintah deklarasi bahawa Zambry TIDAK BERHAK untuk dan/atau TIDAK MENJAWAT jawatan Mentri Besar Negeri Perak Darul Ridzuan dan BUKANNYA Menteri Besar Negeri Perak Darul Ridzuan pada bila-bila masa yang material.
d. Perintah injunksi untuk menghalang Zambry dan/atau agen-agen beliau dan/atau pengkhidmat-pengkhidmat beliau (seperti Setiausaha Kerajaan Negeri - SUK) dari bertindak dan/atau menjalankan dan/atau melaksanakan tanggungjawab-tanggungjawab, fungsi-fungsi dan tugas-tugas Mentri Besar Negeri Perak Darul Ridzuan.


Itulah perintah-perintah yang Mahkamah Tinggi keluarkan pada 11 hb Mei yang lalu yang sekaligus menunjukkan secara jelas dan terang bahawa Dato Nizar (bukannya Zambry) adalah Menteri Besar Negeri Perak yang sah.


Pada asalnya selain daripada perintah-perintah tersebut , Nizar juga memohon perintah gantirugi . Namun di atas kesedaran bahawa wang bukanlah matlamat tindakan Mahkamah ini, maka Nizar telah menarik balik tuntutan gantirugi . Jika tidak ditarik terdapat kemungkinan besar Mahkamah Tinggi juga akan menganugerahkan gantirugi kepada Nizar yang mungkin jika ditaksirkan akan mencecah jumlah yang agak tinggi.


Nizar juga tidak memohon agar Zambry perlu membayar kos kepada beliau meskipun menjadi satu prinsip undang-undang pihak yang kalah seperti Zambry perlu membayar kos kepada pihak yang menang (iaitu Nizar). Jika Nizar tidak menarik balik perintah kos tersebut saya boleh bayangkan ratusan ribu ringgit yang mungkin Zambry perlu membayar kepada Nizar. Sekali lagi matlamat kewangan bukan faktor yang mendorong Nizar mencabar Zambry di Mahkamah.


Sekarang saya akan menjawab persoalan yang timbul di awal artikel ini. Permohonan untuk penggantungan pelaksanaan penghakiman (stay of execution of judgment) selalunya dipohon oleh pihak yang kalah dalam mana-mana prosiding Mahkamah. Permohonan tersebut selalunya dibuat bagi mengekalkan status quo iaitu supaya pihak yang menang tidak boleh menikmati perintah yang diberikan oleh Mahkamah.


Dalam kes ini sebenarnya peguam Zambry telah pada 11 hb Mei memohon secara lisan perintah penggantungan pelaksaanaan tersebut di Mahkamah Tinggi tetapi Mahkamah telah menolak permohonan Zambry tersebut. Maka Zambry telah pada hari ini (12 Mei) memohon perintah tersebut di Mahkamah Rayuan dan peguam Nizar telah membantah permohonan tersebut. Dari segi undang-undang prinsip yang terpakai bagi permohonan penggantungan pelaksanaan adalah pihak yang memohon tersebut perlu menunjukkan dan meyakinkan Mahkamah bahawa terdapat keadaan yang istimewa atau unik (special circumstances) yang menwajarkan perintah yang diberikan oleh Mahkamah Tinggi tidak boleh dinikmati oleh Nizar.


Dalam kes ini nampaknya Mahkamah Rayuan berpendapat wujudnya keadaan istimewa tersebut tetapi kita masih kabur apakah yang keadaan istimewa tersebut kerana saya difahamkan Mahkamah masih belum mengeluarkan alasan penghakiman (dan mungkin tidak akan mengeluarkan alasan).


Selalunya jika pun Mahkamah membenarkan perintah penggantungan pelaksanaan Mahkamah akan juga dalam masa yang sama mengenakan syarat-syarat tertentu. Peguam Nizar meminta Mahkamah mengenakan beberapa syarat kepada Zambry namun meskipun peguam Zambry iaitu Dato’ Cecil Abraham pada dasarnya bersetuju syarat dikenakan ke atas Zambry, Peguam Negara pula menentang syarat dikenakan ke atas Zambry.


Adalah jelas dan nyata sejak dari awal Peguam Negara iaitu Ghani Patail tidak pernah menunjukkan sikap neutral di dalam kes ini. Beliau sejak awal menunjukan sikap memihak kepada Zambry meskipun berselindung di sebalik topeng penjaga kepentingan awam. Sikap beliau dari awal menunjukkan beliau adalah penjaga kepentingan Umno.


Peguam Negara sejak awal bersungguh ingin mematikan kes Nizar. Beliaulah yang memohon merujuk kes ini ke Mahkamah Persekutuan di bawah seksyen 84 Akta Mahkamah Keadilan. Di Mahkamah Persekutuan beliau kalah dan kes Nizar masih hidup. Selepas itu beliau sekali lagi menentang bermati-matian agar Mahkamah tidak membenarkan Nizar meneruskan permohonan semakan kehakiman dengan alasan kononnya Nizar mencabar kuasa Sultan Perak. Sekali lagi , Mahkamah tolak hujah beliau dan kes Nizar diteruskan.


Semasa kes Nizar berjalan, beliau sekali lagi berhujah dan memohon Mahkamah menolak permohonan semakan kehakiman (judicial review) Nizar. Sekali lagi Mahkamah Tinggi menolak bulat-bulat keseluruhan hujah beliau. Tiada satu pun hujah Peguam Negara yang diterima oleh Yang Arif Hakim Mahkamah Tinggi.


Akhirnya saya ingin jelaskan di sini perintah penggantungan pelaksanaan BUKAN perintah membatalkan keputusan Mahkamah Tinggi . Keputusan Mahkamah Tinggi masih sah dan mengesahkan bahawa Nizar adalah Menteri Besar yang sah dan Nazri adalah Menteri besar yang haram.


Oleh kerana menteri besar haram merayu mungkin Mahkamah rayuan berpendapat bagilah peluang menteri besar haram tersebut pegang jawatan tersebut sehingga rayuan beliau diputuskan sebab bukankah sejak dari awal beliau telah ketagih dan mabuk dengan kuasa sehingga sanggup membenarkan partinya merompak Kerajaan sah yang diterajui oleh Menteri Besar yang sah dan dipilih secara sah oleh rakyat Perak.

Thursday, May 14, 2009

The Gravy Train May Upset - Perak Case

By Matthias Chang

The pressure on the High Court Judge to do what is “politically correct” must have been intense.

There is a culture prevalent among some members of the judiciary that it is better to make “politically correct” decisions so as to secure one’s career than to do justice on the spurious ground that there are appellate courts which should bear the weight and responsibility of such controversial decisions.

It is the passing-the-buck syndrome. These judges would surmise that if they handed down a judgment which is not politically correct and on appeal, the judgment is overruled, it is as good as ending their career – cold storaged till retirement age.

Better that the Federal Court (the Apex Court) being the final authority, bear the brunt of the Executive’s wrath as they have the advantage of strength in numbers, as the corum of the Apex Court can be enlarged to nine. There is safety in numbers.

Therefore, credit must be given to the Honourable Justice Datuk Abdul Aziz Abdul Rahim for handing down this historic judgment.

Lawyers are officers of the court and like judges, must likewise be courageous in the discharge of their duties. They must not pander to the whims and fancies of their client, no matter how powerful.

If a case is crystal clear and the client is wrong, it behoves the lawyer to advice the client accordingly so as not to pervert the course of justice.

A courageous lawyer in such circumstances will also lend assistance to a Judge to arrive at a just decision and not succumb to the temptation to do what is deemed “politically correct”.

The observation of the Judge as to the conduct of the State Legal Adviser, Datuk Ahmad Kamal illustrates the above principle. It was reported in the Sun newspaper and I quote:

“On the issue of the affidavit by Perak State Legal Adviser Datuk Ahmad Kamal Md Shahid, Abdul Aziz ruled that he was not a neutral and impartial witness. ‘It was his own admission that he was instructed by the respondent’s counsel to affirm the affidavit. The word instructed is a very strong word. To me, he is not a neutral or impartial witness; his testimony was coloured by the instruction that he received,’ said Abdul Aziz.

“Kamal is the State Legal Adviser and his duty is to advise on all legal matters referred to him, including advising Nizar on the draft proclamation…”

Given the above observations by the said Judge, it seems to me not right for the Counsel for the respondents to “instruct” the State Legal Adviser to affirm an affidavit in the manner in which it was done.

It has been indicated by the Prime Minister that Barisan Nasional would be appealing to the Court of Appeal against the judgment handed down by the High Court.

If, the Prime Minister is sincere in his comments that politicians must be humble and gain the trust of the rakyat, then he must practice what he had preached.

And if he has the confidence and trust of the rakyat, he should have no qualms in agreeing to the dissolution of the Perak State Assembly, have a snap election and let the rakyat be the ultimate judge as to which government they want to rule over them in the state of Perak.

If the Prime Minister insist that might is right, he will be the first one-term prime minister in Malaysia. While Badawi has the ignominious distinction of having wrecked the Barisan Nasional, it would be Najib who will be vilified for burying Umno under the rubbish heap of history.

Members of Umno, you better ensure that Najib makes the right decision or your “gravy train” will be derailed for good.

[Matthias Chang is a barrister of 31 years standing and was once Political Secretary to former premier Mahathir Mohamad. He is also the author of three novels Future FastForward; Brainwashed for War, Programmed to Kill; and The Shadow Money Lenders and the Global Financial Tsunami]

Six Lessons Every Single Person Should Know

by Ms Erin Meanley

When you’ve been single for a while and start to feel discouraged that you might never meet someone, it’s easy to get down. These six reminders can help you look on the bright side of things. By I’m sensing a lot of pain out there these days … I put together a few things I’ve learned in my 30 years as a usually-single person that might be worth sharing. This is for my own sake, too — I have to remind myself to practice them. Here they are, in no particular order:

Learn to live with uncertainty. Man, I wish I could plan and control everything that happens in my life. But hey, there are far worse things than not knowing your romantic future. Imagine being diagnosed with breast cancer, treating it, and beating it … but still wondering at every next mammogram if the cancer will have come back. That’s living with uncertainty. People do it every day.

Be patient. Everything takes longer than we expect — getting that next job or promotion, waiting for a guy to commit, or finding a house or roommate or soulmate. Did I ever think I’d be single in 2009? NEVER. But the reason I’m not walking around in shock about it is because of another lesson I’ve learned — namely, that life always surprises you.

Practice a positive attitude. I have many friends who are blessed with loving husbands, children, dogs, luxury cars … even a swimming pool out back. They appear to have it all. But I cannot resent my friends their happiness. That’s so lame. Things will work out for me! They will.

Realize that life is seriously beautiful. Even though George Clooney isn’t sitting on your couch and proposing marriage (yet), you have other beautiful, moving things (e.g. the Beatles, a blue sky, good literature). Whenever I take the time to notice something … bellisimo —well, I won’t get all religious on you, but if you actually thank God or Buddha or throw it out to the universe, it reminds you there are bigger things than poor old you and your loneliness (thank goodness for that!).

Stay in the present. You know when you’re singing by yourself, and you’re actively recalling the lyrics and swaying, and then you get down on your knees and really belt out that money note? Well, that’s living in the moment. Sing, write, dance — do anything engaging. Just get in the zone as often as possible. The zone will save you.

Laugh at yourself. This is a must. Also laugh at other people or characters. Hence, I recommend watching Bridget Jones.

To conclude, we hope we can think and expect of something that more happier in our daily life. Today, think of today, and to enjoy for today. Tomorrow will come with the incertainties that we could not stop by whatever means, except by Allah's consent.

Tuesday, May 12, 2009

Power Crazy in Perak - 4 Months Political Turmoil

The political turmoil in Perak really make the Perak people suffer a lot. The later court decision has been regarded as playing circus shows.

Remember the whole world is looking at our judiciary system. I don't think most of of our judges like their integrity be questionable. Alternatively, I agree to what somebody says that the court decision is secondary. To me, the primary one is the people judgement through the re-election. Let the Perakians decide which party to administer the state.

The PM has stressed that the federal government will take into account the fate of the 'rakyats' first in all dealings. But in reality, is that so? Even, a KL taxi driver could give better judgment and opinion better than our ministers themselves who are mostly the 'kakaktuas' which are harmful to the country's future, progress, and development. Huh, so sorry to say that!

None among NF leaders seems follow the leadership styles of the 4 Caliphs after Muhammad. However, syukur alhamdulillah Mr Lim Guan Eng, the Chief Minister of Penang, who is a Non-Muslim ready to follow the administration's styles of Khalifah Umar Abd Aziz, which most Muslim leaders themselves do not following.

I really salute to the High Court's decision made by Datuk Abd Aziz Abd Rahim. He, who has no fear and favour able to uphold the justice. How many more judges could be like him in Malaysia? To me, many, but most of them are scared of actions to be taken by the executives, and further worry about their careers and families future.

May Allah swt give His Blessings to those who uphold justice especially based on the Islamic laws.

Saturday, May 9, 2009

Today is Mother Day - Juga Mengenang Budi Pak Samat

Mother is she who always closes to our heart. If she still alive, kindly make her happy and sacrifice whatever we can to please her.

Ahmad's mother had him when she was only 15 years old. Now, she already passed away peacefully. However, Ahmad still unsatisfied with himself of unable to give everything to or please her when she was still alive.

When alone Ahmad always crying silently when thinking of her. Before she left, she had said that Ahmad's second youngest brother should died first before her because if she died first, he would suffered throughout his life. Yeah, what she said comes true. Ahmad's second youngest brother hardly to be saved now because of the surrounding factors beyond his control.

But Ahmad could not just spend time of thinking him alone, because Ahmad have now six kids to be looked and taken care of. Hope his brother would be blessed by Allah swt forever.

"I love you my brother. However, you have to change yourself. I have tried every means financially and physically to help you, but you always never listen and break my heart," murmurred Ahmad.

"May Allah gives peace upon you. I remember one Malay proverb says, 'dalam setandan kelapa mesti ada sekurang-kurangnya sebiji yang busuk.' But, if can, what we want all members in the family are okey," Ahmad added further.

To the late Tuan Hj Abd Samat, Ex-Imam of Masjid Parit Perak, may Allah swt put him in the heaven among the Sollehins. Ahmad considered Pak Samat as his father, who had helped a lot to Ahmad's family and himself during his childhood.

"Yeah 'airmataku selalu mengalir' when think all these," Ahmad said.
Ahmad, however, we have to look and move far forward confidently for development and progress of ourself, and blesses by Allah swt always.

Amin.

Ahmad MB Perak in Waiting

Ahmad really fed up with what happening in Perak right now. To Ahmad was that the way BN to get power on 7th May 2009 in Perak? Really they were exhausted. Zambry and by blessing from his Big Boss had used the Machiavellian way to grab power, “The end justifies the means.”

While taking Political Science courses at USM 1988-1994, most of Ahmad’s former lecturers all of them were PhD holders. Their standards of integrity could be justified and deserved to hold their PhDs. But Zambry does not show any credibility at all as someone who has PhD in Political Science as claimed.

Ahmad hopes one day he would come back to Perak and acquire the post of MB. It is not impossible because half of the Malays in Perak are his relatives scattered in Ipoh, Batu Gajah, Perak Tengah, Kuala Kangsar, Taiping, Teluk Intan, Bagan Datoh, Tapah, and Tanjung Malim. He is the great grandson of Late Tuan Hj Mat Perak, the great Malay Warrior fought against the British rule, few times jailed in Batu Gajah and Taiping but able to produce 16 sons and daughters through one wife.

What Ahmad prepares now is to get the highest qualification in academic and his professionalism. He has been 32 years as banker. Through envy and selfishness, his bosses several times had asked him to retire with compensation of over half a million RM.

He knows almost every spots in Perak State from Parit Buntar down to Bagan Datoh, from Pangkor to Tapah, from Sungai Bayor in Selama to Bukit Larut, and from Lekir to Seberang Perak. He had gone to those places by using many means of transports included just by cycling.

He had stayed in Taiping, Tapah, and Sitiawan for more than 15 years. Not to forget his home town Parit for more than 20 years. He could close his eyes if to venture in Taiping Town or Sitiawan Town, because he had stayed at the centre of the towns for more than 10 years.

At the moment he has acquired 4 degrees; Bachelor in Economics and Political Science from USM, Bachelor in Banking and Finance (MIBM), MBA from USM, and latest LL.M from IIUM Gombak, and the PhD is the fifth for him, Insha’Allah to be completed in May 2010 also from an IPTA. The first job he held once left the Anderson Secondary School Ipoh was as Census Enumerator in Sitiawan. His areas of enumeration covered Kg Koh, Kg China, Kg Nakhoda Hitam, Kg Serdang, Kg Gurney and Kg Sitiawan.

While at the Anderson School Ipoh he was the first President/Founder of Islamic and Moral Society. If anybody tries to research, he was the President in 1976. He had successfully conducted the first Reading and Interpreting Competition of Al-Quran at Perak State level in 1976 which held at the Anderson School Ipoh. All his degrees were earned while working that seldom could be followed/done by others.

It is a fact, during studies there are so many challenges we as working adults have to face. Especially envy from our bosses and colleagues. They will try every means to fail us in our studies by not giving cooperation far of appreciation. To these bosses, we would like to remind them, that ways are really unethical. If you all bosses are really gentlemen follow what we are doing to get further/higher qualifications.

With string of qualifications we will not scary to meet anybody event the Maharajah or the PM. Criteria for good leaders are religious, Cunning, discreet, diligent, rational, integrity, ready to accept mistakes, and do not be too power crazy. Skillful and hard working only not enough. The highest knowledge must be possessed.

If to involve in politics, the party in his mind at the moment to join is PAS. His advise to PAS leaders of never to re-join UMNO/BN because a lot of weaknesses engulfing the later now right from the top down to the bottom.