Comic Relief 1

Whilst thinking about issues and converting thoughts to action is the primary aim, it is also good to have some comic relief. So here's a medical prognosis of the 12th Malaysian General Election on the ruling political party (BN), which I received recently. Have a good laugh ... you deserve it.

Enjoy ...

A ' Medical' Perspective on Why the BN Lost in the Recent Elections Posted by labisman Saturday, 29 March 2008 With the thrashing that they got in the 12th.GE, the BN is now in ICU and they are doing a post mortem to find out what happened. To help BN with this task, the following medical report has been prepared to identify the diseases / illnesses that have been plaguing it and how these ailments have caused this sickening organization to become so sick that major surgery is now being considered. Diagnosis Overeating – gorged themselves and ate too much of the people's money Heart failure – did not have a heart to really care about the rakyat Rectal cancer and constipation – did not expel all the shit from the system Diabetes – fondness for sweet things, i.e. saying sweet things to try and con the rakyat ( in plain English, lying ) Stroke – stroked too much of their own ego and became too arrogant Overworking – too busy running here and there cutting deals for own benefit Alzheimer's – forgot to play the proper role of an elected representative Obsessive-compulsive neurosis – obsession with cleaning, especially sweeping things under the carpet HP6 – a mutation of the deadly H5N1 ( bird flu) virus which manifests itself in the form of idiocy or semi-idiocy, thus the descriptor ' half past six ( HP6)'. Many members of the BN are infected. VD – Very Deaf. Did not listen to the grievances of the rakyat and did not heed the healthy advice and feedback from bloggers. Color Bind – a form of visual impairment which is directly the opposite of being color blind. There is a fixation on color and everything must always be discussed in terms of 'color' – Malay, Chinese, Indian etc. Liver problems – failure to de-Liver on promises 'Inverted Cerebranus ' – a new form of disease where the cerebrum and anus are transposed causing highly irrational and objectionable behaviour, like brandishing ancient weapons and ranting racial slurs and threats Prognosis Not good and definitely a terminal case. Chances of recovery are 1 in a gadzillion, about the same odds as Osama converting to the Jewish faith and becoming a messenger of world peace.. Cure No known cure. Euthanasia recommended. Suggest to drink lacquer – at least it will ensure a beautiful finish. By A Political Doctor

Sometimes humour provides the catalyst for change.

Wither the "special rights" or "special privileges" of the natives of Sabah, Sarawak & the Malays?

There has been much said about this. The ruling BN/UMNO have always reiterated that citizens do not question the special privileges of the Malays, as enshrined in the Federal Constitution, Malaysia's supreme law.

So I thought that if they (the BN/UMNO) are so sure than there must be something in the Federal Constitution, that spells out this special privileges and how it should be administered or something. I read the Federal Constitution from cover to cover, but found nothing of this special privileges reference.

I did find Article 153 which refers to the "special position" of the Malays and the natives of Sabah & Sarawak. So was this the legal basis for the "special privilege" statements by BN/UMNO?

In order to prevent any misunderstanding I reproduce for all to read the referenced Article 153.

FEDERAL CONSTITUTION

PART XII - GENERAL AND MISCELLANEOUS

Article 153. Reservation of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak.

(1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article. (2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang di- Pertuan Agong shall exercise his functions under this Constitutions and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or license for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licenses. (3) The Yang di-Pertuan Agong may, in order to ensure in accordance with Clause (2) the reservation to Malays and natives of any of the States of Sabah and Sarawak of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Commission to which Part X applies or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and the Commission or authority shall duly comply with the directions. (4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him. (5) This Article does not derogate from the provisions of Article 136. (6) Where by existing federal law a permit or license is required for the operation of any trade or business the Yang di-Pertuan Agong may exercise his functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonably; and the authority shall duly comply with the directions. (7) Nothing in this Article shall operate to deprive or authorize the deprivation of any person of any right, privilege, permit or license accrued to or enjoyed or held by him or to authorize a refusal to renew to any person any such permit or license or a refusal to grant to the heirs, successors or assigns of a person any permit or license when the renewal or grant might reasonably be expected in the ordinary course of events. (8) Notwithstanding anything in this Constitution, where by any federal law any permit or license is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation— (a) deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or (b) authorize a refusal to renew to any person any such permit or license or a refusal to grant to the heirs, successors or assigns of any person any permit or license when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or (c) where no permit or license was previously required for the operation of the trade or business, authorize a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorize a refusal subsequently to renew to any such person any permit or license, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or license when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events. (8A) Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions. (9) Nothing in this Article shall empower Parliament to restrict business or trade solely for the purpose of reservations for Malays and natives of any of the States of Sabah and Sarawak. (9A) In this Article the expression "natives" in relation to the State of Sabah or Sarawak shall have the meaning assigned to it in Article 161A. (10) The Constitution of the State of any Ruler may make provision corresponding (with the necessary modifications) to the provisions of this Article. "

There are several key points that are very important to note:
Point 1: The person who can exercise the powers enshrined in Article 153 is not the Executive but His Majesty the Yang diPertuan Agong. He and only he can do so.
Question: Who has in fact exercised this power (albeit indirectly)?
Hint: Who published the NEP, not the Agong but the Executive. ...

Point 2: the Malays, natives of Sabah & Sarawak do not have any special privileges, but have a special position (i.e. kedudukkan istimewa). This difference is not only material but significant. The powers that be have intentionally or otherwise mislead the public about the position of the Malays and the natives of Sabah & Sarawak, by using the words "special privileges" as if it meant the same thing as "special position".

Point 3: These special position relates to education, public service and business licences, and His Majesty the Yang diPertuan Agong, must issue directions on this matter. What it means is that there must be a document somewhere (and if it is a promulgation it must be gazetted) that directs the number of licences to be given to Malays, etc. Yet we find that houses are sold to Malays at a discount, when such a "privilege" is not proscribed by the Constitution.

So for the last 25-30 years the BN/UMNO leadership has mislead and hoodwinked the public about these alleged special privileges of the Malays, etc; when in truth there is no such special privilege but only a special position.

This evidences 3 things (a) intellectual laziness with a bias towards half-truths or (b) a genuine lack of actual know-how and therefore the statements made are based on hearsay rather than on the persons actual understanding; or (c) the use of the words "special privilege" and "special position" interchangeably was a deliberate ploy to enhance what was a position into a privilege in order to subjugate the non-privileged community.

This is not the case of semantics but of actual differences in meaning of words used. A privilege is equal to a right (the Webster dictionary defines the word as follows "a right, immunity, or benefit enjoyed only by a person beyond the advantages of most") whereas a position is a condition or situation. The two words "privilege" and "position" are not words that can be used interchangeably and are quite different in meaning.

Since Article 153 starts from the condition of the Malays it must presuppose that the condition of the Malays at that time (1957) is worst off than the Chinese or Indians. That may have been true and we're not looking to question that. Hence the contextual nature of Article 153 is that the Agong must make a periodic assessment whether the condition or situation of the Malays at a given point in time still warrants the continuation of the grant of the benefits identifed in sub-articles (2) (3) etc. If the condition no longer warrants it, then the benefits so identified can cease.

However there (as far as I am aware) any contextual assessment made of the conditions of the Malays, etc; nor has there been any analysis of whether or not the continuation of the benefits prescribed by Article 153 is necessary.

What has in fact happened is that Article 153 has been misused by BN/UMNO for their own purposes under the guise of championing Malay rights when in fact there is no such thing as Malay rights (legally speaking). This "championing" is the way for UMNO to continue to claim legitimacy in the continuation of race based politics and this suited the MCA and MIC as well.

Finally if Malaysians do not raise the bar and point out collectively that there is no special privileges but special position of the Malays etc ( a situation or condition that they are in which makes it special) then the BN/UMNO will continue to mislead and misuse the words stated in the Federal Constitution.

You know if no one points out that the Emperor has no clothes, citizens of Malaysia can take the blame for the fact that everyone believes that the Emperor has clothes when he has in fact none. Where is that little boy who said "Look! The Emperor has no clothes" and then we all saw that the Emperor was in fact naked.

Appointed or elected local councillors

During the era when the communist insurgency was around in South-east Asia, a time when when the prevailing ideology descended into armed conflict - a conflict between capital and labour (no matter which way you cut the cake it was basically this), meant that removing avenues which allowed the ideology of labour to be present was necessary. The US feared that if South-east asian countries were not "protected" then (as the domino theory goes) they will fall to communism as Viet Nam did.

Sound thinking(?) and a infant government could easily adopt. Yet during this very time, elections at the local council level was still on-going. It was only after the riots in 1969 did this removal of elections at the local council level took place. In fact sometime in 1974.
There have been a variety of reasons for this, and without wanting to justify or rebut them I want to identify the long term effects of such a policy being entrenched in Malaysia.

As a result of the removal of elections at the local council level, councillors (rightly or wrongly - and in my thinking more wrongly from the 1990s onwards) were appointed by the State Government, as were the JKKK chairman. This meant that councillors no longer felt that they were accountable to the people in the municipality that they served but to the person/government who appointed them. This upwardly deference to the peak of a pyramid meant that a democratic government "of, by and for the people" was no longer in existence.
To me the direct result of the lack of local council elections was that the electorate began to hold the people who appointed these councillors responsible and accountable (as that was their only avenue of expression), and consequently in a federal system (which acts more like a unitary state) the party that ran the federal executive.

However the recent decisions in Perak that all Chairman of JKKKs resign and be appointed as a federal position as well as the side-lining of tourism state committees by the federal government evidences that lack of qualification of these people to govern a democratic state.

If these people who hold Ministerial positions cannot govern how can we expect them to appoint people at the local council level to govern.
It is perhaps too obvious that if and only if the people in power grew up, recognising that the people in Malaysia had out-grown this paternalism that they offered, they may have acted differently.

Hindsight is of course 20-20 vision, but then again the incidents of the past provides lessons for the future. If the current government wants (and this is a big W) to be a democratic government they should present to the Federal Parliament an amendment to the Local Government Act whereby the offending section of that Act should be repealed.

If Malaysians are in favour of such an action, I think a petition to our MPs that such a motion be raised in Parliament and a private members bill be introduce to delete the offending section should be the way we move the democratic process forward.

The question for all of us is this "are we willing to push back the tide of imperialism of the ruling political party i.e. Barisan Nasional, which is the guise of UMNO and her allies. Imperialism need not be by a country but can be by political parties (except political imperialism does not mean conquering third countries).