Thursday, March 13, 2008

Racism is constitutional in this country

Here's some 20th century institutionalised racism for you.

Is there another modern democratic country on this earth (since the demise of Nazi Germany and Apartheid) which constitution specifies the race and religion of its elected leaders?

How can Malaysia be classified as a democracy when the laws itself specify that some citizens enjoy more 'democratic' rights than other citizens?

What's the use of holding elections when there is the possibility (how remote that possibility is, is beside the point. Laws operate in a universe of absolutes)... a possibility that the person elected will be prevented by law from taking up his/her elected office?

Is this any less outrageous and despicable than if women were legally and constitutionally barred from holding some positions or engaging in some professions simply because of their gender? Or if midgets, fat people and bald people were barred because of their lack of height, excess of weight or absence of hair?

Anyway, here's the reason for my rant.., coming to light now in the aftermath of the Perak MB farce.

According to a Abdul Aziz Bari, reportedly a lecturer specialising in constitutional law at the International Islamic University, the state constitutions prescribe that only Malay Muslims can be appointed Menteri Besar and State Secretary in Perlis, Kedah, Kelantan, Terengganu, Pahang, Perak, Selangor, Negeri Sembilan and Johor.

Being that, the sultan of each state however, has the authority to dispense with this requirement at his discretion.

This Malay-Muslim requirement does not apply to states without sultans ie. states with Ketua Menteri like Penang, Malacca, Sabah and Sarawak. And it does not apply to Federal appointments like the Prime Minister and the Chief Secretary to the government.

... di Perlis, Kedah, Kelantan, Terengganu, Pahang, Perak, Selangor, Negeri Sembilan dan Johor hanya orang Melayu dan Islam sahaja yang boleh dilantik untuk menduduki kerusi Menteri Besar dan Setiausaha Kerajaan Negeri.

Perlembagaan memperuntukkan syarat ini, kata Dr. Abdul Aziz lagi, untuk meneruskan kedudukan dalam negeri-negeri Melayu sebelum merdeka dan ini diteruskan selepas merdeka dan dilindungi oleh Perlembagaan Persekutuan sebagaimana yang tertera di dalam Perkara 8(5)(e). - Harakah in Malaysia-Today
And don't just assume that the office of the state palace will 'do the right thing' and make a colour-blind judgement either. However high the stature of one's birth, we're all only human at the end of the day. And to err and prejudice is indeed human.

Take this for instance... mosque openings! That's reportedly why the Selangor palace finds a Chinese Deputy MB to be contentious. A Muslim is needed just in case the MB is busy and his Deputy needs to cut the ribbon. Sheeeesh!...
In Selangor, Menteri Besar-designate Tan Sri Khalid Ibrahim from PKR is expected to appoint a Chinese deputy from the DAP as part of a coalition agreement. But this plan has come under a cloud because the palace indicated some unhappiness with the arrangement.

Datuk Mohamad Munir Bani, private secretary to the Sultan of Selangor, has said the deputy should also be a Malay.

'He (the deputy) is normally a Malay because he is supposed to help the menteri besar, such as in the opening of new mosques. If the deputy is not a Malay, that can be a problem,' he said in response to a question at a news conference. - The Straits Times on Malaysia-Today


Anonymous said...

Almost all the constitutions of these states were drafted and made into law by the British and during the British era.

And for 50 years no one has questioned this because no one has come close to wresting power from either BN or PAS (both dominantly Malays and Muslims). So this never occured to anyone. But this is not peculiar to Malaysia only - many countries more democratic than Malaysia have these provisions in their constitutions. For example, Argentina clearly specifies that the country's President must be a Roman Catholic.

What we need to do is to win big in the next election - and to win as a single race with 2/3 majority in all these states. And amending this will be a breeze.

And the first step to achieve this is to stop bickering about who get what? Start working.

-Liberated Malay-

sean-the-man said...

That Roman Catholic covenant in the Argentine constitution was removed in 1994 by the bi-partisan action of both the ruling and opposition parties.

So, no... what's required is not a big election win as a single race (Bangsa Malaysia?) in the future... although that will certainly do the trick.

What's required is for 2/3 of the arses on chairs in Parliament to simply vote for what's decent. The question is simple... are laws like these what a decent, egalitarian society will tolerate?

Anonymous said...

If they are decent, I would have voted for them long ago

-Liberated Malay-

Anonymous said...

actually i expected Perak will lead the change by appointing non malay MB....

But seem that Malay still be appointed as MB..

Ummm...Raja Nazri just NATO only..

Anonymous said...

Hi Sean,
Things have to be taken 1 step at a time. When people are more informed and more confident, things will change. The BA in Perak should set the example and work together towards bangsa malaysia. The longer this drags on, it will paint a picture that all the guys elected are still very racially divided.

At times like this, a true leader walks alone. He cannot be swayed by the norms. He has to stick to true path of creating bangsa malaysia. The weaker ones would take the easy way out by disrupting the process. There are a lot of twists and turns in this long journey and sometimes one has to give before he can take.


yapchongyee said...

Yap Chong Yee,
5a Prinsep Road,
Attadale, WA 6156,
Western Australia,
Blogg. :

Dear YB. Datin Dr. Wan Azzizah,

Re :APPEAL TO YB. Datin Dr. Wan Azzizah TO

I write to Dato Seri as the leader of the opposition in Parliament. I have been unjustly aggrieved by the criminal behaviour of Dato Zainon binti Mohd.Ali when she sat as High Court Bench adjudicating my wife’s application by ORIGINATING PETITION No : D-2-26-41-01 in the High Court, KL Judge Datin Zainon binti Mohd. Ali had perverted the course of justice, committed aiding & abetting respondents in PERJURY & FORGERY, she committed the criminal offence of Malfeasance.

I am writing this same letter to YB. Miss Fong Po Kuan as a Member of Parliament. I appeal to both of your Excellency to ask 3 questions in Parliament because the criminal behaviour of Judge Zainon binti Mohd. Ali has illegally and unlawfully rendered my wife’s petition without any remedy at all whatsoever. I graduated in Law in 1967 from the University of Singapore and I practiced law in KL until we emigrated to Asutralia in 1978. The details of how and why Judge Zainon binti Mohd. Ali committed these acts are set out below. The short statement for what Judge Zainon binti Mohd. Ali did to KILL MY WIFE’S PETITION and deny it all remedy is that by her awarding to respondents BOTH (1) Order for security for costs and after my wife had paid the sum of ringgit 60,000 Judge Zainon binti Mohd. Ali went on to award to respondents another order to strike out said petition. (2) the later and subsequent order to strike out said petition CANNOT BE AWARDED BECAUSE THEY ARE 2 SIDES OF THE SAME COING; because to award the said 2 ORDERS IS TO STRIKE OUT ONE AGAINST THE OTHER (one is + and the other is – and if you add the 2 it will become zero).

I believed the PKR, PAS and the DAP coalition when they campaigned on the platform (among other issues) of the dire need to reform the Judiciary and to give the nation a clean, transparent, and independent judiciary that is ethical and corruption free. I believe that this GOVERNMENT IN WAITING OF THE UNITED FRONT that has just dealt a devastating blow to the integrity and very survival of the Barisan National and that this government in waiting can deliver this change to the Judiciary even as we speak; and that my way is the best way to achieve this transformation to a clean judiciary. What could be more effective than to put a Judge of the Highest Court in Malaysia ( Judge Zainon binti Mohd. Ali is now a judge in the COURT OF APPEAL) in jail for having committed several crimes while Adjudicating my wife’s Petition to wit, Originating Petition No. D2-26-41-01 in the High Court , Kuala Lumpur, re : Lim Choi Yin vs. McLaren Saksama (Malaysia)Sdn. Bhd.

I have written copiously on the illegality of the actions of Judge dato Zainon binti Mohd. Ali and her criminal conduct; just go to my blogg. At I have at all times sent a copy of any letters to the Attorney general, Chief Judge of the High Curt of Malaya, President & Secretary of the Malaysian Bar Council and to many practicing lawyers randomly and others randomly as well.

My way is to force the Judiciary to ENFORCE THE LAW of Malaysia and not to pervert the course of justice, as they are now doing BY NOT OBLIGATING THEMSELVES TO ENFORCE THE LAW. In all of my years practicing at the Bar, I, like all those who are now practicing at the Malaysian Bar never at anytime know that by the English Common Law that is incorporated under the Malaysian Constitution to become the Law of Malaysia, there exist a law called MALFEASANCE which is both a criminal offence and a TORT as well, any government official (JUDGES AS WELL) who fails to DO WHAT HE IS REQUIRED TO DO BY LAW COMMITS THE OFFENCE OF MALFEASANCE AND CAN BE REMOVED FROM OFFICE.

Therefore by the law of malfeasance I CHARGE JUDGE DATO ZAINON BINTI MOHD. ALI of the Malaysian Court of Appeal with having deliberately refusing to grant leave to Petitioner at her application to cross examine the respondents Lim Cheng Ban, Wong Kem Chen and Kwong Sea Yoon for committing PERJURY & Forgery; the supporting submission are discussed in my blogg. Cited above. This submission is too long for the average to read through, hence I will set out and discuss a shorter way towards prosecuting Judge Dato Zainon binti Mohd. Ali.

This shorter way is to discuss one of the many issues that will penalize Judge Zainon binti Mohd. Ali for breach of the Malaysian Penal Code, and the facts are as follows :

(1) Respondents applied for security for costs in the sum of ringgit 650,000 to prove 1 sheet of paper namely ONE COMPANY RESOLUTION. Judge Zainon binti Mohd. Ali approved this application but at the reduced sum of ringgit 60,000 which my wife paid and was received by respondents as SECURITY FOR COSTS. The Law of Civil Procedure mandates that when security for costs is paid it automatically follows that the Petition must be tried in court.
(2) At the payment by my wife of the said ringgit 60,000 Stephen Lim Cheng Ban quickly applied to strike out said petition IN ORDER TO STOP THE FURTHER PROGRESS OF SAID PETITION. Judge Zainon binti Mohd. Ali approved his application; this second approval and award of the order to strike out said petition is unlawful and illegal. Arising from this criminal behaviour are several breaches of the Criminal Penal Code. Full details are discussed in my Blogg.
(3) The deliberate criminal behaviour of Judge Zainon binti Mohd. Ali has buried unjustly and illegally my wife’s petition and leave us with no recourse for Justice before the Law.

I appeal to YB. Datin Wan Azziza as leader of the opposition, and to YB Miss Fong Po Kuan to ask 3 question in Parliament so that those issues can be investigated by the Attorney General’s Department with a view to prosecute Judge zainon binti Mohd. Ali and her accomplices fro breaches of the Criminal Penal Code.

I again appeal to both of your Excellency to ask the following questions :


(2) The Order for security for costs was performed by Petitioner and she paid the required sum of ringgit 60,000 towards it and yet there was no application by Mr Stephen Lim Cheng Ban or any of the respondents to REMOVE THE AWARD FOR SECURITY FOR COSTS BEFORE THEY SUBMITTED THEIR APPLICATION FOR STRIKING OUT SAID PATITION, THEREFORE HOW IS IT POSSIBLE FOR JUDGE ZAINON BINTI MOHD. ALI TO EVEN CONSIDER RESPONDENTS’ APPLICATION FOR STRIKING OUT OF SAID PETITION, because the Order for security for costs is still a “LIVE PETITION”.

(4) The legal position of the ORDER FOR SECURITY FOR COSTS in accordance with the FACTS OF THIS CASE (security for costs having been paid and accepted by respondents) and in according to the law of Civil Procedure cannot be rendered void; because Petitioner’s performance of the Order for security for costs was accepted by all the respondents of the ringgit 60,000 and Judge zainon binti Mohd. Ali had on her own initiative amended the ORDER FOR PAYMENT; therefore the performance of the order of security for costs was already acted upon by all parties, Petitioner, Judge Zainon binti Mohd. Ali and all respondents. This position cannot be altered by Judge Zainon binti Mohd. Ali and the behest of the respondents alone. Therefore, the question to the Parliament is WHAT REASON CAN JUDGE ZAINON BINTI MOHD. ALI GIVE TO JUSTIFY HER CRIMINAL BEHAVIOUR ?

If the BARISAN ALTERNATIVE is serious about reforming the JUDICIARY so that Malaysia can again have a judiciary that we can all be proud of and a judiciary that will deliver JUSTICE ACCORDING TO LAW, then you have the best OPPORTUNITY TO ACHIEVE THIS OUT COME.

I HAD INTENDED NOT TO PUBLISH this letter on my blogg but I have not been able to find your address in Kuala Lumpur so I am taking the easier way to publish this letter as usual. I will also publish this letter on Miss Fong Po Kuan MP for Batu Gajah blogg as I have been doing so over the election. YB. Datin Azziza and YB. Miss Fong Po Kuan MP for Batu Gajah. May I suggest that the Lingam Types did a lot of good for the Barisan Alternative and I believe that the issues arising from my wife’s petition will do even more to clean the Malaysian Judiciary; it has come at a time when Dato Seri is riding the crest of the wave.


I am Yours Faithfully Yap Chong Yee.