Scientists all over the world are moving at record speed to create new Covid19 vaccines,
but in Malaysia we already had one of this kind. Hope it’s really work...
Unconvincing reasons for emergency...
Prime Minister Muhyiddin Yassin’s reasons for the emergency proclamation given in his Jan 12 speech are not convincing. They do not justify the Proclamation of Emergency under Article 150(1) of the Federal Constitution. The prime minister contends that emergency ordinances are required to nationalise private hospital assets, a temporary takeover of land, buildings or property of private hospitals to treat Covid-19 patients. This is not an acceptable excuse. There are three reasons:
Firstly, the government already has the power under Section 26 of the Prevention and Control of Infectious Disease Act 1988 to requisition such premises as in the opinion of the director- general is necessary for carrying out the provisions of the Act. There is no necessity to enact emergency ordinances to carry out requisition of private healthcare facilities.
Secondly, the World Health Organization advises governments to take a whole-of-government and whole-of-society approach in their Covid-19 response working with the private sector. Countries such as Spain, Italy, Germany, Ireland and the United Kingdom that have carried out some form of nationalisation of private healthcare facilities to treat Covid-19 patients have found that it does not necessarily produce the desired results.
The lesson learned from these countries is that the government should not alienate private providers who could be, should be and want to be partners in the Covid-19 battle. Fair cost payments, good faith and a willingness to work together will lead to best outcomes. Not nationalisation, expropriation or confiscation of private assets.
Thirdly, Section 26 of the Prevention and Control of Infectious Disease Act, in accordance with the requirements of the fundamental rights under Article 13(1) and (2) of the Federal Constitution, provides for adequate compensation to be paid for compulsory acquisition or use of the property. The only reason that can be inferred that Section 26 is not used and an emergency ordinance is to be enacted, is to allow the government to take over the private healthcare facilities without adequate compensation. If this is the intention, then it is not nationalisation but expropriation and confiscation.
Foreign and local investors’ confidence will be so badly affected by the expropriation, the country will not be able to attract investments at a time when they are needed most. This will be a disaster for the economic recovery efforts arising from the impact of Covid-19.
There is no good reason for suspending Parliament and state assembly sittings for the duration of the emergency. Article 150(3) of the Federal Constitution provides that the Proclamation of Emergency is to be laid before both Houses of Parliament. In the absence of any stipulated time, this means the proclamation must be laid before the Houses as soon as possible. The Houses are given the power to pass resolutions to annul the proclamation.
Shad Saleem Faruqi says in his book Document of Destiny that this underlies the constitutional scheme of parliamentary control over the executive even in times of Emergency. Article 150(5) expressly provides for Parliament to make laws while an emergency proclamation is in force. Since 1964, the country had been under a constant state of emergency but Parliament has continued to meet. The constitutional scheme is whether it is normal times or emergency times, Parliament must continue to perform its constitutional functions.
The reason for the emergency to avoid Parliament dissolution and the holding of elections during the Covid-19 pandemic is not an acceptable excuse. Muhyiddin no longer enjoys the support of the majority of the MPs after Gua Musang MP Tengku Razaleigh Hamzah, Machang MP Ahmad Jazlan Yaakub and Padang Rengas MP Nazri Aziz announced their withdrawal of support for him.
Under Article 43(4) of the Federal Constitution, Muhyiddin is required to tender his resignation as prime minister when he ceases to command the support of the majority of the MPs. It is only when he does not tender his resignation that the Yang di-Pertuan Agong dissolves Parliament. Therefore, there is no necessity for Parliament to be dissolved and for an election to be held if he tenders his resignation.
Muhyiddin’s position as prime minister has always been inherently unstable and will always remain so. This is because, with only six out of the 13 original Bersatu MPs, he is dependent on other parties for his position. It is costly and unsustainable. He has run out of positions and incentives to entice and maintain support. Muhyiddin and the speaker, by refusing to table a motion of no-confidence, have failed to comply with the constitutional conventions and the spirit of Article 43(4) of the Federal Constitution.
Nevertheless, the Federal Court in the case of Mohammad Nizar Bin Jamaluddin v Zambry Bin Abdul Kadir [2010] 2 MLJ 285 at 307 said that loss of confidence in the prime minister is not confined to be established by a vote in Parliament, evidence of the loss of confidence can be gathered from other extraneous sources. The announcements by the three MPs are clear evidence of Muhyiddin’s loss of support.
The Federal Court in Nizar’s case approved a passage in the judgment of the Privy Council in Adegbenro v Akintola [1963] 3 AER 544 PC that a prime minister ought not to remain in office once it has been established that he has ceased to command the support of the majority of the House.
For the sake of political stability, the health and economic well-being of the rakyat, Muhyiddin must comply with constitutional convention and Article 43(4). He must resign. The emergency proclamation cannot prop up a prime minister who no longer commands the confidence of the majority of the MPs. - William Leong Jee Keen,mk
Najib, Rosmah and Zahid will most
likely be convicted or jailed by this August...
Has anybody noticed that since March 2020, former Prime Minister Najib Razak no longer performs his “Bossku” stunt, riding a motorcycle with a smile to meet gullible village folks? Najib, whose “Malu apa bossku” (What’s the shame, my boss? ) moniker had taken the country by storm after his 2018 election defeat, has suddenly abandoned his political gimmick.
After Muhyiddin Yassin betrayed his own democratically and legitimately elected Pakatan Harapan and formed a backdoor Perikatan Nasional government with UMNO crooks and PAS extremists, Najib thought he had won his ticket to freedom. Najib was convinced he could influence the judicial system, or at least pressure Muhyiddin regime, to throw away his criminal charges.
In fact, Mr Najib was so cocksure he would walk away a free man that as early as March 4, 2020, just three days after Muhyiddin was sworn in as the 8th Prime Minister, he gave Reuters an interview at his mansion. He said that the fall of the Pakatan government that ousted him in 2018 meant “he now expected an atmosphere more conducive to a fair hearing“.
The drama queen Najib pretended he would not use political pressure to get his criminal charges thrown away, insisted that he will clear his name in court – “I don’t want any undue manipulation or pressure put on the judge or judges for political reasons. And on the strength of the evidence, I’m more than happy to go through the court process.”
Five days later (March 9), the disgraced former premier happily sent his best wishes and congratulations to the Cabinet line-up of Perikatan Nasional, even though UMNO was not given the deputy prime minister post despite being the largest party in the newly formed backdoor government. It was actually a humiliation that UMNO was given just one of four senior ministers.
Every now and then, Najib would issue a statement that UMNO’s support for Perikatan government has its limits, a constant reminder to the backdoor prime minister that the United Malays National Organization could pull its support – if Muhyiddin refuses to play ball. But the silly Najib underestimated how corrupt and power-hungry UMNO warlords were.
What PM Muhyiddin needed to do to split the powerful UMNO was to bribe most of its Members of Parliament with ministership, chairmanship or directorship and voila, they became as obedient as a puppet. For example, Azalina Othman, who initially joined UMNO voices against Perikatan’s unfair allocation of ministries, suddenly became very supportive upon appointed as House Deputy Speaker.
On July 28, 2020, Najib Razak, accompanied by his former deputy, Zahid Hamidi, were at the Kuala Lumpur High Court together. Both were extremely convinced that Najib would be freed due to insufficient evidence or technical ground. But when Judge Mohd Nazlan Mohd Ghazali delivered his verdict, both UMNO leaders were dumbfounded. It was not what they had anticipated.
Najib, the world’s biggest crook who is facing a total of 42 criminal charges related to money laundering, corruption and criminal breach of trust (CBT) brought by the previous Pakatan Harapan government, was found guilty of all 7 charges related to the misappropriation of RM42 million of SRC International Bhd, a subsidiary of 1MDB sovereign fund.
Mr Najib, shocked and speechless over the guilty verdict, was sentenced to 12 years in jail along with a fine of RM210 million thrown in. Mr Zahid, who himself has been slapped with record 87 charges for similar offences, was equally panicked. Both did not expect the court would convict an UMNO supremo as influential as Najib, especially when the political party is part of the ruling government.
But it was too late. Najib, who foolishly told Reuters and the world in March that he would get a “fair hearing” can’t complain that the judicial system had suddenly turned unfairly against him just 4 months later in July. Even though he remains on bail pending appeal, he can’t ride his scooter to Malay villages to bitch about the “Malay” government that his own party is part of.
He will look like an idiot and seen as a “munafiq (hypocrite)”. The arrogant crook has so far stopped bragging about his “hotshot” lead counsel Shafee Abdullah. Najib’s lawyers have filed 307 grounds in his petition of appeal on why he should be freed of the charges. If his appeal, to be heard in the Courts of Appeal on Feb 15, fails, his last option will be the Federal Court.
Likewise, Zahid, who happily told journalists on Feb 29, 2020 that his “mission” was accomplished, is now looking at the same fate as his former boss. Unlike Najib’s charisma and strong leadership, Zahid is seen as a weak and indecisive leader. When Zahid won the UMNO presidency in June 2018, he was only backed by 93 of 191 divisions, after having splashed lots of cash for votes.
It didn’t help that the former deputy prime minister won the presidency largely due to Najib’s support. Seen as Najib’s lackey or cheerleader, Zahid could not make any major decision without referring to his former boss. Muhyiddin could easily eat the UMNO president for lunch, and that’s precisely what could happen to Zahid by August this year.
Yes, after former Prime Minister Najib Razak’s conviction in July last year, former deputy Prime Minister Zahid Hamidi will most likely join the bandwagon before the Emergency Proclamation ends on August 1. In comparison, Ahmad Zahid Hamidi’s criminal cases are more straightforward and easier to be convicted in the court than Najib’s.
Justice Collin Lawrence Sequerah has fixed Jan 18, 2021 to hear Zahid’s corruption and money laundering charges after multiple postponements. If convicted, the UMNO president has no one to blame but himself. Both Najib and Zahid have been indecisive and slow in their political chess game against Muhyiddin, leading to the emergency card being played two days ago.
As revealed by the health director-general Noor Hisham Abdullah, the current third wave of Covid-19 pandemic could be brought under control in 12 weeks. Essentially, it means the government needs only until May to flatten the curve. Therefore, it’s not rocket science that Muhyiddin’s request from the Agong (King) for the emergency rule to last until August was a political move.
Muhyiddin, who has effectively lost his legitimacy as the country’s prime minister with only 109 MPs in the 222-seat Parliament, must now make sure Najib exhausts and loses all his appeals. In the same breath, the court must also find Zahid guilty of his criminal charges, making him unqualified to contest in the next 15th General Election.
Without Zahid, all the lemmings and minions in UMNO could be controlled like a herd of cows. It would also make it easier for Muhyiddin to execute his next move – either rejoins UMNO as its president and dissolves his party Bersatu (UMNO), or weakens UMNO by transferring its machinery and grassroots to his own party and make UMNO his puppet.
It would certainly boost Muhyiddin’s popularity if he sends Najib to jail as even the Malay community increasingly accepts the reality that the son of Razak is a crook. As a bonus, the people would celebrate if Najib’s spendthrift wife – Rosmah Mansor – can also be convicted or imprisoned by August. The prosecution of Rosmah’s solar graft trial has already closed in December, 2020.
Accused of soliciting RM187.5 million from Jepak Holdings Sdn Bhd between 2016 and 2017 to help the firm secure a RM1.25 billion project to supply solar hybrid power to 369 schools in Sarawak, 69-year-old Rosmah was the most hated woman that contributed to the defeat of her husband in 2018. She faces a maximum 20 years’ jail and a fine of not less than five times the amount of the gratification if convicted.
The sight of Najib and Rosmah finally being sent to prison will be electrifying. During the 22-month rule of Pakatan Harapan, people had gotten extremely impatient and grilled the government over the slow progress of the trials of both individuals. With Najib and Zahid try to topple Perikatan government, there’s no reason for Muhyiddin to hold back anymore.
Only a royal pardon can help Najib. But judging at how the King Abdullah was at Muhyiddin’s side over the granting of the “unjustifiable” emergency, it’s hard to see how the monarch will rush to rescue the crook. The premier specifically promised not to interfere with the judicial system during his speech on the Emergency proclamation – suggesting dark days for Najib, Zahid and even Rosmah.
The extermination of Najib, Zahid and Rosmah is not only necessary to project Muhyiddin as a strong leader who sends country’s highest-ranking official to be convicted and jailed, but also to please former PM Mahathir Mohamad, whose influence may be needed later. More importantly, Muhyiddin’s political survival depends on neutralizing Najib and Zahid. - FT
cheers.
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