Mahkamah Rayuan di Putrajaya membenarkan Datuk Seri Anwar Ibrahim membangkitkan dua persoalan undang-undang berkaitan cabarannya terhadap bidang kuasa Lembaga Pengampunan dirujuk ke Mahkamah Persekutuan.
Hakim juga mengarahkan kes berkenaan didengar di mahkamah tinggi. Pengurusan bagi kes berkenaan ditetapkan pada 2 Februari ini.
Keputusan sebulan suara itu dibuat tiga hakim diketuai Datuk Rohana Yusuf, Dua lagi hakim ialah Datuk Seri Zakaria Sam dan Datuk Mary Lim.
Ekoran keputusan itu, Anwar menyatakan rasa lega dan syukurnya.
"Alhamdulillah. Saya di sini untuk menghadapi perjuangan yang sukar tetapi keputusan ini dialu-alukan," katanya.
Sebelum ini tanggapan meluas mengenai Lembaga Pengampunan ialah keputusannya tidak boleh dipertikaikan.
Bagaimanapun, Anwar membangkitkan persoalan undang-undang berdasarkan kes di United Kingdom dan pindaan Artikel 40 (1A) Perlembagaan Persekutuan pada 1994.
Peguam Anwar, N Surendran, berkata keputusan itu mempunyai implikasi besar bahawa Mahkamah Persekutuan bersetuju dengan mereka, keputusan Lembaga Pengampunan boleh dipersoalkan.
"Ini memberi kesan kepada hak semua banduan, terutama mereka yang berdepan hukuman mati.
"Jika Mahkamah Rayuan membenarkannya, hak banduan untuk di dengar di depan Lembaga Pengampunan akan dibuat," katanya. - mk
The Malay Tsunami...
Many pollsters, economists, experts and scholars believe that the Barisan Nasional led by Datuk Seri Najib Razak will win the next General Election easily. Some even predict a two-thirds BN majority in Parliament, halting the gains that the Opposition has made over the past three elections. They may be experts but they are all wrong.
No country in the world with leaders who have taken money from public coffers — as much as RM3 billion — can win a re-election. Has there been a kleptocracy that has won a democratic election with a two-thirds majority? I have not heard of such a thing. Why then are the experts writing off the chances of the Opposition in Malaysia?
The answer is simply that these experts do not think much of Malaysians as a people. They do not believe Malaysians care at all about kleptocracy or about massive corruption. They think we are a bunch of buffoons who will be happy to receive some crumbs near polling day and we will return the current leaders to power.
These experts do not think much of Muslims in Malaysia, who are the majority of voters. They think our Islamisation policy is totally superficial and totally ineffective at instilling the right religious values amongst Muslims here. They think Malaysian Muslims do not care about integrity and honesty, and can be easily duped by their leaders with the promise of “hudud” and subsidised trips to Mecca, which will cause them to forget all about injustice and corruption.
These experts do not think much about Tun Dr Mahathir Mohamad. They think Malays have forgotten the many things he has done for them. The experts think Tun Dr Mahathir has no more influence and that he is just an angry old man who cannot match the firepower and ruthless machinations of the Prime Minister. They think he only has nuisance-value.
These experts do not think much of Malaysia’s three million civil servants. They think that these civil servants—frequently subjected to raids for corrupt practices—are still a solid voting block for UMNO. To them, these civil servants do not feel ashamed to serve a Government that is full of lies and hypocrisy. They think these civil servants have no sympathy for their colleagues who have been sacked, dismissed or demoted for wanting to do a professional job.
These experts think civil servants do not care if Government money is used for the personal luxuries of BN leaders. In other words, they think the Malays who comprise the bulk of the service are a bunch of fools who tolerate being berated for stealing money from the people although politicians are spared such accusations.
These experts do not think that the people will retaliate when their land is taken away for high-rise buildings and mega-projects, or when food prices rise to sky-high levels. These experts believe that people will stay loyal to the BN despite facing daily financial problems caused by high prices and by low wages. These experts think people will accept that this is their fate and will continue to be indebted to the Government and will stay grateful forever.
These experts are all wrong. Malays are waiting for the election to come sooner rather than later. There will be such a huge Malay tsunami against the BN that Najib and company won’t even know what hit them.
Malay voters do not answer questionnaires. They do not want BN and UMNO operators to cause them problems, so they pretend that they support UMNO—but change is in the air. A huge swing of voters to the Opposition is in the offing and we will have a new Government after GE14.
The Opposition’s campaign is not about race or religion. It’s simply about how much humiliation people can suffer at the hands of those in power. The coming General Election will be a contest between the needs of ordinary Malaysians against the interests of the greedy and unscrupulous.
Never has an election been held in this country when the issues have been so clear cut. Do not feel intimidated by the predictions of experts. The people will win this contest.
To my Chinese readers and friends, Gong Xi fa Chai .Please accept our best wishes, and a happy and prosperous New Year. Do not be disheartened that in the last three general election, the opposition had fallen short, and Ini Kali la was another hollow shout from a grieving electorate. Your continued support is necessary for a more peaceful and prosperous Malaysia. - zaid ibrahim
EC using ‘backdoor’ to change boundaries...
The state think-tank has conducted a thorough analysis to examine the constitutional compliance of the EC's recommendation for 165 parliamentary and 445 state constituencies.
While presenting the report, PI researcher Wong Chin Huat said the EC's recommendations were found to be flawed in two major ways.
"They are sustaining non-compliance with Sub-section 2(c) and causing non-compliance with Sub-section 2(c)," Wong claimed.
Sub-section 2(c) of the 13th Schedule of the Federal Constitution states that the number of voters in each constituency ought to be approximately equal.
This should prevail, unless there is greater difficulty of reaching voters and other disadvantages facing rural constituencies.
Wong explained that non-compliance is defined as deviation from the state average by more than 33.33 percent.
Evidence of non-compliance
Wong said the EC's redelineation should comprise two steps: (a) identifying instances of non-compliance and (b) proposing boundary changes to correct or reduce such instances of non-compliance.
However, PI's studies have shown that 38 state seats remained over-represented in Kedah (1), Kelantan (3), Penang (2), Perak (1), Pahang (6), Selangor (11) and Negeri Sembilan (6) and Johor (8), he said.
The report showed that EC has sustained under-representation in 40 state seats in Kedah (2), Kelantan (2), Terengganu (2), Penang (5), Perak (4), Pahang (4), Selangor (1), Negeri Sembilan (3), Malacca (3) and Johor (14).
"One seat in Johor was near average in size of voters but after EC's recommendation, it has increased by more than 33.3 percent (over-representation)," Wong noted.
"Likewise, eight state seats - Perak (2), Selangor (4), and Malacca (2) were near average size but after EC's redelineation, they have become over-represented by 33.3 percent, " he added.
He cited examples in Bukit Lanjan, Selangor (held by PKR's Elizabeth Wong) and Kajang (held by PKR president Dr Wan Azizah Wan Ismail), which were near average size but are now over-represented after the EC's redelineation.
"For example, in Kuala Lumpur, the EC recommendations would change Lembah Pantai's electorate from being just above average to being undersized by more than 10 percent," Wong said.
"The EC must be accountable to all these instances of non-compliance and make public its reason to do so," he added.
He was responding to the Court of Appeal decision on Jan 10, which ruled that voters cannot get information from the Election Commission on how it arrived at the process of redelineation.
Sustaining non-compliance in Penang
Wong said the institution's analysis showed the EC "did not touch" Penang but has sustained oversized representation in Paya Terubong, Batu Maung and Batu Uban.
It has also sustained under-sized seats such as Air Putih and Balik Pulau, without giving any reason to do so.
"EC should identify the problematic areas and correct them, instead of not giving any recommendation at all," Wong said.
It was also revealed that the EC's recommendation worsened the over-representation in three parliamentary constituencies in Selangor.
The three parliamentary constituencies were constitutionally compliant (having the right size of voters) before the EC recommendations.
The ideal size is to find the average number of voters for each state.
"Why make things worse, why doesn't the EC correct what is wrong?" Wong asked.
Make grounds for redelineation known
Wong said the EC should reveal its grounds for redelineation as it is not reasonable to expect the public to "second guess" EC's considerations and give it benefits of doubt.
"Only with EC revealing its grounds for its recommendations, the public may access the constitutionality of these recommendations," Wong said.
"Without making known its grounds, it would appear that the EC is helping BN stay in power," he added.
Other research fellows involved in the report were Toh Kin Woon, Yeong Pey Jung, Nidhal Mujahid and Ooi Kok Hin.- mk
The bouncing ringgit...
Kau kata tak guna duit MARA tapi sebenarnya kau dah gunakan,
itu menipu namanya...