Dayaks wants to topple Sarawak Government

A prominent Dayak leader has called for a change of government in Sarawak if the Dayaks want to remedy the injustices that have been meted against the community.

“For the past 45 years the Dayaks have suffered injustices, have been marginalized and have been sidelined in education, scholarships, business opportunities and our NCR lands have been taken and given to big companies,” Datuk Sri Daniel Tajem (pic) said.

Tajem, who was former Deputy Chief Minister and president of the defunct Parti Bansa Dayak Sarawak (PBDS) was opening a one-day Dayak symposium at a leading hotel in Sibu last Saturday.

Some 200 professionals and members of the Dayak organisations coming from through the State attended the symposium.

.“The only remedy or option open to us is to change the State government,” he said and added that failing to do so would further disenfranchise and disempower the Dayaks.

Tajem said that the State government had introduced a bill to change “Sea Dayak” to “Iban”, the “Land Dayak” to “Bidayuh” and “Murut” to “Lun Bawang”.

The governor has not signed the bill into law, but once it becomes law it means that “Iban”, “Bidayuh” and “Lun Bawang” are no longer natives and will not enjoy the rights and privileges as embodied under Article 153 of the Federal Constitution.“

Even forming a party of our own as provided for under Article 10 (1) (c) we are not only not allowed to form one, we are being accused of likely to cause a threat to national security, public order, peace and harmony.“

"During insurgency, we are made heroes and during peace time, we are considered as a threat to national security. Can you believe that?” he said.

Tajem also touched on the amendments to Section 5 (a) (2) of the Land code that have eroded our rights over land.

Earlier the chairman of the Dayak symposium, Augustine Liom said that the ultimate aim of the symposium would endeavour to expose and deliberate on the many sins of the Barisan Nasional Government that have caused miseries, grievances and frustrations to the Dayak communities, be they Bidayuh, Iban or Orang Ulu. – The Broken Shield

What's going on in Cash?

Police reports had been made against the Consumer Association of Sabah and Labuan (Cash) president, Datuk Patrick Sindu, claiming he had misused funds.

Cash deputy president Nordin Thani and secretary-general Hashima Hasbullah Yahya lodged reports at the Karamunsing police station in Kota Kinabalu at about 1.15pm, after failing to get answers from Sindu on the alleged unauthorised withdrawals from the association's two savings accounts.

They, however, declined to reveal the amount that had been allegedly withdrawn, saying public disclosure may interfere with investigations.

Nordin said Sindu claimed Cash has not been receiving funds and that the association does not have any money.

"I came to know that the Domestic Trade and Consumer Affairs Ministry in Putrajaya has channeled funds to Cash,” Nordin said when met at the police station.

Hashima said that as the secretary-general, she never even knew about the funding.

Sindu when contacted declined to comment.

Pairin wants Anti-Hop Law

Parti Bersatu Sabah (PBS) President Datuk Seri Joseph Pairin Kitingan said the time was ripe to amend the Federal Constitution for the enaction of the proposed Anti-Hop Law.

"We have seen enough political instability in the past. It is time to give this proposal its due merit and approval."By having Anti-Hop Law provisions in the constitution, we would add another significant milestone in the stability of our social and political landscape," he said in a statement issued in Kota Kinabalu today.

Pairin, who is also Deputy Chief Minister, said he would support "all those who are advocating to propose this amendment to the Federal and State constitutions".

He was commenting on Umno Supreme Council (MT) member Datuk Seri Dr Rais Yatim's statement yesterday who asked the Perak Barisan Nasional (BN) to organise a mass movement to demand that Bota assemblyman Datuk Nasaruddin Hashim give up the seat to enable a by-election as he had chosen to cross over to Parti Keadilan Rakyat (PKR).

Rais, who is also foreign minister, had said Nasaruddin won the seat on the BN ticket in the general election and by deserting the coalition, he had betrayed the trust of the people.

He said debate on the proposed Anti-Hop Law should be brought to a conclusion so that political stability based on honesty and sincerity in joining a political party and the social contract between the voters and the candidate could be properly crystallised.

"This will justify the placement of the Anti-Hop Law in the constitution both at the Federal and State-levels. I believe it is now an appropriate time to push this Anti-Hop Law through Parliament," he said.

The then-PBS State Covernment and Pairin as the Chief Minister enacted such a law in the 1980's but was later declared ultra vires the Federal Constitution as it restrained one's freedom of association.

Consequently, the constitutional freedom denied PBS, then an opposition party ruling Sabah in 1994, the right to bring action against the majority of PBS assemblymen who switched over to the BN after winning in the ninth general elections.

The mass defection caused the fourth-term PBS State Government (since 1985) to last only two weeks before it was forced out of power by BN.

Who's after Taib Mahmud?

Who will be Sarawak's next Chief Minister?

By Joseph Tawie

Is Abdul Taib Mahmud really anxious now to look for a successor?

This seems to be the hint when he made reference to the criteria of his successor in a speech read by George Chan at the annual general meeting of Sarawak Progressive Democratic Party (SPDP) in Sibu 10 January 2009.

Previously he would be furious with reporters when the question of his stepping down or his successor being asked. But at the SPDP function he seemed to be anxious when he included the subject of successor in his speech.

Could he be hard-pressed to look for one knowing that he is now in the twilight zone of his career?

Abdul Taib Mahmud, Sarawak Chief Minster since March 1981, has been saying it now and then that he is still looking for his successor. Since he expressed his intention to step down more than 10 years ago, he had identified a number of politicians who should take over from him. Unfortunately, one by one of them have now disappeared into political oblivion.

Among the politicians were Bujang Ulis, Abang Abu Bakar, Effendi Norwawi and Adenan Satem.At that SPDP function, Taib clearly stated that ANYONE regardless of race could be supported to take over from him as the chief minister.

“He must be trained to do the job from now. The criteria are that he must be smart and sincere in the struggle to develop the state and raise the living standard of the people.”

Immediately coming into our focus are two deputy presidents of PBB the back-bone of the State Government: Alfred Jabu anak Numpang, deputy president (I) and deputy chief minister and Abang Zohari Tun Openg, deputy president (II) and Minister of Housing.No one can deny that Jabu has all the experience and the expertise to be the chief minister of Sarawak.

There is no necessity for him to be trained NOW to hold the highest office in the State the way the Police personnel are being trained for promotions to higher ranks. A graduate in Agriculture, he has been tutored by two Sarawak’s greatest politicians, Abdul Rahman Yakub and Abdul Taib Mahmud.

Like Taib, Jabu who had been elected as State assemblyman for Layar since 1974 has been holding various ministerial posts including deputy chief minister, first under Abdul Rahman Yakub, and then under Abdul Taib Mahmud from March 1981.

Jabu’s main problem is that he has been picking quarrels with those who do not share his political views or see the things the way he sees them. Thus the majority of educated Dayaks and Dayak non-governmental organisations (NGOs) do not support him as their leader.

He is only being regarded as the Dayak leader from Betong where he concentrates his development and political efforts. He has no ideas to develop other districts or divisions. Even projects meant for other divisions have been ‘hijacked’ to Betong.

These are Jabu’s minus points.

In the words of Taib Mahmud that someone who takes over from him must be “smart and sincere in the struggle to develop the State and raise the living standard of the people.”Still, Jabu can enhance his position as the undisputed Dayak leader if he knows how to tackle the educated Dayaks and Dayak NGOs such as calling for a dialogue and seeking their advice and opinions as how to improve the Dayak community.

They can be his “think tank”.Another chief minister material is Abang Zohari. An MBA graduate from a British university, he has shown to be a very effective and capable minister. When Taib appointed him as industrial development minister, he was able to bring billions of ringgit worth of Foreign Direct Investments (FDI) to Sarawak.

After he left and moved to the tourism ministry, the amount of FDIs to Sarawak declined sharply. In the tourism ministry, he turned it into a machine-making money earning billions of ringgit from tourists who came from Japan, Korea, China, Arab and European countries.

In the last cabinet reshuffle, Abang Zohari was moved from the tourism ministry to the ailing housing ministry which he still holds till this day. He was shocked to find out that the ministry was nearly “bankrupt” and was no fund to build even a single house. And what he did was to meet his federal counterpart and discussed his problem.

From the discussion, he was able to secure RM200 million to carry out people’s housing projects in the State.Abang Zohari’s other quality is that he is kind-hearted and approachable and earns the respect of the people. The Malays in Kuching are his bastion of support.

In the party he has strong support from the party members especially the Ibans as evident by the support they gave him when he contested against Adenan Satem in 1998 PBB election for the post of deputy president. Despite Adenan Satem receiving the full support of the chief minister, Abang Zohari defeated him hands down.Another person who can be considered as a possible successor to Taib Mahmud is Awang Tengah Ali Hassan.

He appears to be the most powerful minister after Taib holding very important portfolios. Like Adenan, the Dayaks are suspicious of him, especially the way he handles the NCR land issues. To be an effective chief minister, he needs the support of the Dayaks.

Coming distant fourth is perhaps Taib’s own son, Sulaiman who is now a deputy minister in the federal cabinet. It appears that he is being trained and groomed NOW to take over the PBB leadership.
All the four politicians have every chance to be the next chief minister. But Sarawak’s book-makers are predicting that Sulaiman is the hot favourite to take over as chief minister and to continue Taib’s legacy, assuming that BN still wins in the next election.

Is there any taker?

However, to sum up, the Dayaks especially the Ibans do not mind who is being appointed as the next chief minister be he Chinese, Malay or Iban as long as he is able to solve the problem of NCR land that has haunted the native landowners since the State government’s amendments of the Land Code in 2000. – From The Broken Shield

Pensiangan belong to PBS???

A by-election will be held in the Pensiangan parliamentary constituency if the Federal Court on Feb 12 and 13, 2009 upheld the Kota Kinabalu Election Court's judgement in nullifying Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup's win uncontested in the March 8, general elections.

The `battle' will be between Barisan Nasional (BN) and Opposition Parti Keadilan Rakyat (PKR). Though easy as it sound, lobbying for candidacy had started as soon as the Election Court on Sept 8, 2008 declared the seat vacant.

Incumbent Kurup, though he had filed an appeal to the Federal Court, had also made frequent visits to villages in the constituency. Federel Ministers and State and Federal BN leaders had also been visiting the area.

PKR's Danny Andipai, whose election petition was accepted by the Election Court, has always been in the area, his birth place and by right (this is what the people in the area told me) should be the PKR candidate.

But like Kurup, Andipai is also, at this point of time, be not sure or had secured the candidacy.

The candidacy for Kurup, who was made Federal Rural and Regional Development Deputy Minister, after the general elections, is being `challenged' by Parti Bersatu Sabah (PBS) headed by Datuk Seri Joseph Pairin Kitingan.

Andipai's place is said to be being eyed by PKR Vice President Datuk Dr Jeffrey Kitingan.

Pairin had last week warned that BN should not placed a candidate that could not win in the by-election, adding that candidacy must not be automatically given to incumbent.

Although Pairin did not named the PBRS president, Kurup hit back by saying that Pairin should not interfered with the BN preparation for the by-election. Kurup also said that Pairin had failed in bringing about development to Pensiangan during his two terms as Member of Parliament.

Kurup hit back by challenging Pairin to a `one to one debate'.

PBS Deputy President Datuk Dr Maximus Ongkili, today made it more vocal, saying that BN component members must unite to make sure the coalition win Pensiangan, if a by-election is held.

"But the candidate have to be from PBS, the party commands the majority support from the Pensiangan voters," he said in Kota Kinabalu.

To all my honoured visitors, A Happy Chinese New Year.
I am in Keningau now and will be back in Kota Kinabalu next week.
Posting this via my trusted N73.

Dompok: Leave The Herald alone

Minister in the Prime Minister’s Department Tan Sri Bernard Dompok said the Home Affairs Ministry should let the court decide instead of continuing to harass the Catholic weekly, Herald, for using the word “Allah” in its latest publication.

Stating that it was an unnecessary controversy, he said the Home Affairs Ministry should just lay the matter to rest because it is waiting for hearing in the court.

He was speaking to Sabah journalists after officiating at the presentation ceremony of the UPSR 2008 excellence award, uniform assistance and Year Six “Aku Janji” pledge at SK St Theresa, Inobong, Penampang near Kota Kinabalu Friday.

“Lately, the Ministry of Home Affairs has been harassing the Herald to such an extent that they have to go to the court and (now) waiting for hearing,” he said, adding that based on comments, including by lawyers, on the issue, the Herald should be allowed to publish as they have done before pending the outcome of the Court.

“It is not for the Ministry of Home Affairs to pre-empt the decision of the court,” said Dompok who is also the President of the United Pasok Momogun Kadazandusun Murut Organisation (UPKO).

He was responding to the reports quoting Minister Datuk Seri Syed Hamid Albar warning the Herald as “the show of defiance could cause conflict and anger among other races in the country”.

Syed Hamid also said that “if anything happens, then don’t put the blame on us” and that he would refer the matter to the Ministry’s legal unit.

“There’s no reason for the Home Affairs Ministry to kelam kabut (get all excited) to look at this. I think they are using very strong language (against the Herald),” said Dompok.

He added that the Herald, is just a small organisation having a circulation of just about 14,000 a week out of the Christian population of about two million and slightly more than a million Catholics in the country.

“It is only being sold in churches so I don’t see how it can confuse the people,” he said, adding that it had also complied with the requirement of the Ministry to stamp the word “Terhad” (limited) on every edition.

Dompok said the matter would have arisen during the Premiership of Tun Dr Mahathir Mohamad “but I think wisdom prevail”.

He said the usage of the word “Allah” should be viewed from the historical perspective since the terminology had came about when Bahasa Malaysia was used by the people even before Malaysia (existed).

He said it was the language used by the people of the Borneo territories (as the) Melayu tacit lingua franca, even though English was used in most schools but there were also some schools that were conducted in Malay at that time.

“So religion developed along the line of communications and in this particular village (Kampung Inobong) for instance I didn’t have occasion to use the terminology because sermons and proceedings in church are conducted in Kadazan and “Allah” in Kadazan is “Kinoingan”.

“I went to school in La Salle in Kota Kinabalu, when I go to church its in English so God is God,” he said.

However, Dompok said in rural areas where the predominance of Bahasa Malaysia came about, the usage of “Allah” became more pronounced, especially after the importation of Bible written in Indonesian language, which refers to God as “Allah”.

He said the terminology is widely used in Indonesia and also in Arab countries by Christians.

“So it is a universal terminology use in the Christian world when they are praying in their vernacular language. There is no reason for the Home Ministry to continue harassing the Catholic Herald,” he said.

Based on reports, Dompok said it was “as though the Herald was trampling on the toes of everybody while in fact I feel the Ministry of Home Affairs is using a sledge hammer to crack a nut in full force to silence the Herald”.

“We are living in a country that practices democracy, freedom of religion and that the first tenet of the Rukun Negara is Believe in God. People want to believe is God so I think they should be allowed to so,” he said.

Dompok also could not believed that people were even suggesting disallowing worship by other religions in Malay.

“I said how can that be? Bahasa Malaysia does not belong to the Malays alone, this is the language of all Malaysians, your and my language.

“So I feel if there is indeed objection to that then perhaps its time for us to look for a new national language so that there would not be “confusion” among Malaysians,” he said.

To a question, Dompok said he had spoken to Home Minister and brought up the issue in the Cabinet.

“In fact it was the day after the (Federal) Cabinet meeting that they gave back the Herald the license to publish in Malay,” he said.

Kurup: What's Up Pairin?

Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup today said voters in the Pensiangan parliamentary constituency in Sabah are well prepared for a possible by-election, if there is any. He said they already know who they are going to vote.

"As much as I would like not say anything, I am compelled to do so in response to Parti Bersatu Sabah (PBS) president Datuk Seri Joseph Pairin Kitingan's interference over this well prepared PBRS machineries by raising the question of candidature will undoubtedly, to certain extent, weaken this," Kurup said.

Kurup, in a Press statement datelined Putrajaya, Kuala Lumpur, was responding to Pairin's statement which appeared in the local newspapers today.

Speaking to the Press in Kota Kinabalu on Monday (Jan 18), Pairin, who is Sabah Deputy Chief Minister, said there should not be an automatic selection of Barisan Nasional (BN) candidate should a by-election is called for the Pensiangan seat.

Pairin said that although its was normal for BN to give back the seat to component party as was the quota or formula in the March 8, 2008 general elections but that based on the recent Kuala Terengganu by-election result, candidate is an important factor.

In the Kuala Terengganu's by-election BN failed to defend the seat which was won by Opposition PAS.

Asked by the Press if he meant that his PBRS' counterpart, Kurup, should not re-contest in the by-election, Pairin said," No, I am not saying that but candidate is a very important factor."

Pairin said the BN leadership should have to look at the causes of the Kuala Terengganu by-election, which BN lost so as to avoid it from happening in Pensiangan.

Kurup won Pensiangan uncontested in the general election and was appointed Federal Rural and Regional Development Deputy Minister. His victory was declared null and void by a Kota Kinabalu Election Court.

The election petition against Kurup was brought by Parti Keadilan Rakyat's Danny Andipai, whose candidacy was rejected on nomination day, paving the way for Kurup to win the seat without a contest.

Kurup appealed and the Federal Court will sit in Kota Kinabalu on Feb 12 and 13, 2009 to decide on the case.

Kurup further stated that Pairin seemed not to have understood the BN's concept of `sharing' `But here, perhaps he could be excused in view of his colourful and well documented history with the BN.

PBRS and PBS are component members of BN.

"Certainly he does not possess the credibility to assess the suitability of a candidate for Pairin has been the MP for Pensiangan for two terms and his performance record in bringing developments to the people speaks for itself," Kurup said.

He said whenever he go to Sook and Nabawan (two state seats within Pensiangan) people there were saying in no uncertain terms that they had not seen any development in their areas during Pairin's tenure as their MP.

`Dead' man walking in the streets

KOTA KINABALU, Jan 20 (Bernama) -- The federal government has been urged to carry out a massive re-registration of the people in Sabah to ensure that only local residents are issued with the MyKad or citizenship documents.

Parti Keadilan Rakyat (PKR) vice-president Datuk Dr Jeffrey Kitingan said the exercise was important as there were irregularities in the registration exercise.

He cited the case of Rafli bin Dalam of Kota Belud (pix left), who was declared dead in 2001 by the National Registration Department but was very much alive.

"It should not have happened and maybe a syndicate was involved. The people of Sabah have aired their grouses over the citizenship status issue and now we have a dead man walking in the streets."

"What puzzles me was how Rafli was allowed to vote in the 2004 general election. The problem could be the tip of the iceberg," he told Bernama after accompanying Rafli to lodge a police report at the Karamunsing police station here today (top pix).

Rafli, 38, was certified dead by the NRD office in Hulu Langat, Selangor, on Oct 27, 2001.

Calling for the electoral roll to be cleaned up due to many cases of dubious identity cards brought before the court, he proposed that a royal commission be set up to look into the identity card problem in Sabah.

Meanwhile, Rafli, 38, said he was frustrated as his business license was revoked while his company's low-cost housing project was in limbo.

He found out that he had had been certified dead when he went to the Sabah NRD headquarters to get his daughter's birth certificate on April 30, 2007.

He said the NRD had yet to rectify the problem although he had complained several times, prompting him to make the police report today.

"Ironically, despite being certified dead in 2001, I was allowed to cast my vote in Kampung Sembirai (Usukan) in the 2004 general election. However, I could not vote in 2008 as my name was already removed from the electoral roll," he said

Sabah AG resigns

Sabah State Attorney-General Datuk Roderic Fernandez, who was representing Chief Minister Datuk Seri Musa Haji Aman in the Mazu (Goddes of the Sea) case in the Kota Kinabalu High Court, dropped a bombshell Monday when he announced that he had resigned as the Sabah Government's top eagle eagle.

He was due to cross-examine the plaintiff in the case, former Chief Minister Tan Sri Chong Kah Kiat, when hearing resumed but he did not turn up, forcing the case to be adjourned by Judicial Commissioner Yew Jen Kie to May 4, 2009.

State Counsel Hanafiah Kassim informed the court that Fernandez had resigned last Friday (Jan 16, 2009).

In a one-paragraph statement, Fernandez, 50, who was appointed State A-G in 2006 by the Head of State on the advice of the Chief Minister, said he had tendered his resignation last Friday with a heavy heart.

"Due to personal family reasons, I have entertaining the idea of resigning for a few months now, he said, adding, "as of late my personal matters have become more pressing." He thanked Musa, who he said, had reluctantly accepted his resignation, and officers of the State A-G's Chambers for their cooperation.

Fernandez took over from Datuk Mohd Bazain Idris in May 2006, prior to which he was mainly involved in civil litigation and conveyancing.

He had been representing Musa and three other defendants in the civil suit brought by Chong pertaining to the construction of a Mazu statue in Kudat whose approval was revoked by the defendants.

The defendants will now be represented by Richard Barnes from the legal firm of Messer Shelley Yap & Co. The other defendants are former State Secretary Datuk KY Mustafa, Local Government and Housing permanent secretary Datuk Ujang Sulani and the Kudat Town Board.

Barnes had applied for a-three-month adjournment of the hearing `in the interest of justice', saying that he had to go through the volumes of document and issues raised pertaining to the case.

The Multi-million ringgit Mazu project was undertaken by the Kudat Thean Hou Charitable Foundation, headed by Chong. Construction was in progress, the statue brought from China when the approval was withdrawn by the defendants.

Chong's lawyer is Haji Ansari Abdullah.

Meanwhile, in a statement later the former A-G denied that his resignation was connected to the Mazu court case.

Anwar in Sabah on Wednesday

Malaysian Parliament Opposition Leader and Parti Keadilan Rakyat (PKR) advisor Datuk Seri Anwar Ibrahim will be in Sabah on Wednesday.

According to Kanul Gindol, who was PKR Vice President Datuk Dr Jeffrey Kitingan's former political secretary, interesting programmes had been planned for the Permatang Pauh MP in the State.

Gindol said State PKR headquarters is expected to issue a Press statement on Anwar's visit, however, one thing is for sure, this visit is to drum supports for the party in anticipation of a by-election in Pensiangan.

The Federal Court will sit in Kota Kinabalu on Feb 12 and 13, 2009 to hear Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup's appeal against an Election Court's declaration that his win unopposed as Pensiangan MP in the March 8, 2008 general elections was null and void.

Dayak party a threat to security and public order???

The protem committee members of the yet-to-be-registered Malaysian Dayak Congress (MDC) will decide soon whether to make a fresh application to the Registrar of Societies (ROS), its protem information chief Joseph Tawie said Sunday.

He said, alternatively, party members, comprising former Parti Bansa Dayak Sarawak (PBDS) members who remained partyless, could join Parti Keadilan Rakyat (PKR) or other political parties in the state.

"We (MDC) have received a number of invitations to join the opposition but we are still holding on as we have yet to decide on the next course of action," he told Caroline Jackson of Bernama in Kuching, Sarawak.

The Home Ministry, in a letter dated April 9 last year, rejected MDC's appeal to be registered as a political party on grounds that its registration could pose a threat to security and public order.

The protem committee members had appealed against the ROS' decision to the Home Minister in August 2006, after an application to register the MDC, submitted on May 6, 2004, was rejected on July 19, 2006.

Following the deregistration of PBDS on Oct 21, 2004, many of its 200,000 members opted to join its offshoot, the Parti Rakyat Sarawak (PRS), a state Barisan Nasional (BN) component party while "tens of thousands ex-PBDS members remained partyless,"

Tawie said.In the May 2006 state election, MDC candidates had to contest under the opposition Sarawak National Party (SNAP) tickets as its registration could not be approved on time.ROS, meanwhile, had advised the applicants to submit a fresh application if they were still interested to pursue the MDC registration.

Sabah journalists needs union

KOTA KINABALU: The journalism industry in Sabah will not develop and excel without a union to champion journalists' rights and look into their welfare, National Union of Journalists (NUJ) Norila Mohd Daud said today.

She said there were huge differences in perks enjoyed by journalists in the peninsula compared with those in Sabah, although they were in the same vocation.

"I'm sad to see that journalists in Sabah do not get perks which commensurate with their posts...their salary and benefits are not the same," she said after a meeting with media practitioners in Sabah here today.

Norila said she would look into the legal aspects of whether NUJ could be expanded to Sabah and Sarawak.Meanwhile, Sabah Journalists Association president Datuk Joniston Bangkuai said a pro-tem committee would be formed to discuss the matter with NUJ.-- BERNAMA

My Say:

Having worked with New Straits Times for about 20 years, I fully agreed that journalists in Sabah needed an union to champion their welfare against the `unfair' treatments accorded to them by the managements of the newspapers they are working.

YB Jimmy Wong of DAP Sabah

This is Sabah sole Opposition Assemblyman from DAP Jimmy Wong (Sri Tanjong) speech during the debate of the Sabah Economic Development and Investment Authority (Sedia) at the special sitting of the Sabah State Legislative Assembly in Kota Kinabalu on Jan 15, 2009.

The Bill was keenly debated by the House but was passed unanimously after amendments. The House was adjourned for two hours to make the amendment.

Perbahasan Rang Undang-Undang pihak berkuasa Pembangunan Ekonomi dan Pelaburan Sabah 2009 oleh Jimmy Wong pada Januari 15, 2009
Sabah Economic Development and Investment Authority (SEDIA) bill 2009

THE ROBBER WHO BECAME THE OWNER OF THE HOUSE(KISAH PEROMPAK MENJADI TUAN RUMAH)

Terima Kasih Tuan Speaker kerana memberi saya peluang membahaskan Rang Undang-undang SEDIA ini.

Terlebih dahulu saya ucapkan Selamat Tahun Baru 2009 dan Selamat Tahun Baru Cina yang akan datang kepada semua ahli sidang dewan, rakyat sabah dan seluruh Malaysia.

Saya harap kedua-dua tahun baru ini akan bawa kejayaan kepada seluruh rakyat dan negeri kita, Sabah Yang Tercinta.

Tuan Speaker, mengenai rang undang undang SEDIA ini, izinkan saya sampaikan dalam bentuk pesanan kepada rakan rakan di Dewan Mulia ini, yang juga setiap mereka adalah rakyat Sabah.
Pesanan saya berbunyi begini….

My fellow sabahans if we love this state and its people you will never be able to support this bill at least not in its present form. An important bill such as this ought to be produced for inspection by all ybs well before and in advance. Why is that only a few days notice is given.

(Rakan-rakan saya rakyat Sabah, kalau kita betul-betul sayang rakyat dan negeri kita, saya rasa kita semua tidak sepatutnya menyokong Rang Undang-Undang ini, terutamanya dengan cara ia dikemukakan.

Rang Undang-Undang yang sangat penting ini sepatutnya diperiksa oleh semua YB terlebih dahulu dengan teliti. Tapi nampaknya notis yang diberi begitu singkat. Tidak cukup masa.)

The object of the bill is noble and for that I as the YB for Sri Tanjong support the intention of the bill. But I cannot support its procedure. I know that as I am in the minority my voice will be drowned by the majority in the support of the bill.

But I plead with you the majority that for the sake of all sabahans, at the very least get the bill to undergo a serious overhaul to ensure that the future of sabah and its generations are protected.

(Sebagai ADUN Sri Tanjung, saya mengambil berat Rang Undang-Undang ini kerana saya tahu, tujuannya sangat baik sekali. Tetapi, saya tidak boleh menyokong Rang Undang-Undang ini disebabkan oleh prosedurnya.

Saya tahu suara saya di Dewan ini sangat kecil ini dan akan tenggelam oleh suara-suara majoriti yang menyokong Rang Undang-Undang ini.)
Tetapi, demi kepentingan masa depan rakyat Sabah, masa depan negeri kita dan masa depan generasi kita, saya mohon Rang Undang-Undang ini dikaji dengan lebih dalam dahulu.)

My concerns / (Apa yang saya risaukan?)
1. Section 4. Who determines whether a project is a SDC project. The TYT. This cannot be. The TYT should act on the advise of the Government. It should not be the discretion of the TYT alone.

(Pertama : Seksyen 4. Siapa yang tentukan satu-satu projek itu ialah Projek SDC? Jawapannya ialah Yang DiPertua ! Ini tidak patut berlaku. Sepatutnya TYT harus bertindak mengikut nasihat Kerajaan. Bukan sepatutnya TYT seorang.

2. Section 8. Why is membership of the Authority so exclusive? How can 7 people decide economic future of sabah? Is the purpose of the small number to ensure and increase the horse power of the vacuum cleaner. Furthermore this Lucky 7 can be reduced further. If you read section 1 (3) of the First Schedule the member can be removed at any time without assigning any reason. If you read section 6(1) of First Schedule with Section 4(3) of the same schedule you only need a quorum of 4 people.

Although this is half the quorum but don’t you think 4 people to decide on issues of such severity is not good enough? Surely the matters under SEDIA are very important matters and they require all members to sit together to peruse and discuss properly. Afterall, they are paid under section 13 to sit in this committee, section 13 of this bill includes retirement benefits!!!

Instead what we have is possibly a Gang of Four to decide the economic future of the state (supposedly RM105 billion). Is this fair and just. Will it not be the source of much corruption and vacuum cleaning.
To make matter worst, this Authority can delegate its functions and duties under section 10 of the bill.

(Keempat : Seksyen 8. Kenapa keanggotaan Pihak Berkuasa terlalu eksklusif?
Saya tidak faham bagaimana 7 orang boleh menentukan masa depan ekonomi Sabah walaupun hanya setakat project SDC sahaja?
Adakah jumlah yang sedikit ini adalah untuk menjaga dan menguatkan horse power si Vacum Cleaner ini?

Tidak setakat itu, jumlah 7 orang itu juga boleh lagi dikurangkan pada bila-bila masa tanpa lantikan, seperti di dalam Section 1(3), First Schedule.

Kalau kita baca Section 6(1), First Schedule bersama Section 4(3) jadual yang sama, cuma empat orang diperlukan sebagai korum, walaupun 4 orang ini melebihi setengah daripada ahli-ahli Authority ini.

Tetapi tidak kah kita rasa yang 4 orang adalah terlalu sedikit untuk menentukan perkara sebesar ini? Apatah lagi jikalau ahli-ahli ini ada mendapat bayaran berdasarkan section 13 rang undang-undang ini. Malah bayaran ini termasuk juga bayaran selepas persaraan.
Perkara ini perlu dikaji semula.

Bukannya Kumpulan 4 atau 7 Orang ini yang diberi kuasa menentukan masa hadapan ekonomi di negeri kita (jumlah yang dijangkakan adalah RM105 billion).
Ini sangat tidak adil dan boleh menambahkan lagi kes-kes rasuah di negeri kita.
Malah Authority ini boleh memberi kuasa kepada orang lain dibawa section 10 rang undang-undang ini.

5 But my fellow ybs it gets even much worse. If you analyse the SEDIA decision making process of the economic future of sabah and the rakyat will be transferred from a committee of 7 in SEDIA and then from 7 to 4 and from 4 it will be transferred to 1….yes one man can decide the future of SABAH. If he is good man then maybe we don’t suffer so much but if he is a vacuum cleaner ….you can imagine the consequences. How is this possible. You read Section 10(1). All the powers of the Authority can be transferred to the Chairman or any of the four persons under b, c, d and e. We will be committing financial and political suicide. Slowly but surely power will be vested in one man and that one man what will he do only God knows. But we cannot blame God because we are the one who have committed this crime against the rakyat of Sabah. Instead of change in Sabah we will be returning to a new dictatorship.

(Kelima : Satu perkara lagi, kita semua mesti sedar… hari ini adalah hari yang sangat penting untuk kita membuat keputusan.
Kesilapan kita hari ini akan menyebabkan kita hilang hak bersuara dan tidak lagi dapat membuat keputusan.
Ini kerana kalau kita betul-betul tengok pada Section 10(1), kuasa rakyat nampaknya boleh dipindahkan kepada Pengerusi atau sesiapa daripada empat orang di bawah b, c, d dan e.
Ini sama ertinya kita semua sama-sama ikut rosakkan sistem kewangan, ekonomi dan politik di negeri kita, kalau kita buat keputusan salah hari ini !

6. But the story get even worse. That one man will be protected by law. Nobody can say anything against that one man. If he does anything wrong or he does nothing or he just use SEDIA to increase his power, wealth and position he will be protected 100 per cent. It is as if a robber enter your house to steal your property. Instead of fighting him you open the door to welcome him to rob you and after that you feed him a makan and invite him to rape your wife. What do I mean? Read Section 25. You are giving him or whoever involved in SEDIA absolute immunity and bullet proof protection against any prosecution or suit. Even criminal prosecution, that means the Authority or any of its members are above the law. On top of that while the robber is raping your wife you cannot know or say anything in protest. Because look at Section 23. Whatever is done in secret will be kept as a secret because if you see anything wrong and say anything the robber and rapist will not go to jail but you will be the one.. why must there be secrecy. This is the rakyat’s money not a matter of national security. Is this logic? If you let this law pass you become the accomplice to robbery and rape of the Sabah rakyat.
Section 5(1)(3) says the Authority can sue and be sued and this contradicts section 25 of the bill. If you read it in context, perhaps it means the Authority can only sue people but people cannot sue them!!!
(Keenam : Apa yang lebih teruk sekali, orang ini pula kebal dari dikenakan tindakan undang-undang. Tiada sesiapa boleh melawan orang yang satu ini.
Kalau satu orang ini buat salah, atau tidak buat kerja, atau salah guna kuasa untuk kepentingan diri sendiri, dia tetap tidak boleh dikenakan tindakan undang-undang.
Kita harus buat keputusan yang betul hari ini.
Kalau tidak, itu maksudnya samalah kita sengaja buka pintu kasi perompak masuk rumah dan curi barang kita.
Lepas itu, kita kasi itu perompak makan sedap-sedap dan suruh lagi dia rogol kita punya bini.
Saya harap semua YB faham maksud saya di sini. Cuba baca dan mengerti Section 25 dan Section 23)
Section 5(1)(3) rang undang-undang ini adalah bertentangan dengan section 25. Jikalau kedua-dua section ini di baca dengan teliti, kemungkinan maksudnya Authority boleh menyaman orang lain tetapi tidak sebaliknya.

7. Is that the most terrible part. No it is not. In fact it gets even worse. After the robber steal your goods, eat your makan and rape your wife the next part of SEDIA will let him take over your home and you will stay outside. How will this happen. You have to read Section 29. Before the next election the SEDIA can be dissolved and the robber can be appointed liquidator and if he lost the election he can go to brazil with all the assets, property and funds of SEDIA, and mind you, he cannot be prosecuted (remember section 25). If the robber win the election the story will be different because after the robber got your house and your wife now he will use SEDIA to take your land and your children. I pray that all YBs will not only see today the evils of SEDIA in its present form and vote to have the entire law go back to drawing board and have it redone with all the relevant provisions I commented on thrown out.

(Ketujuh : Saya sudah cerita tadi kalau ini Rang Undang-Undang SEDIA lulus, itu maksudnya kita sengaja mahu perompak masuk rumah kita dan kita layan pula dia bagus-bagus.
Kita tidak boleh buat apa-apa sebab si perompak ini kebal dari segi undang-undang dan tidak boleh dibawa ke mahkamah (ingat section 25).
Tapi saya mahu bagitahu di sini. Itu masih bukanlah yang paling teruk kalau kita luluskan Rang Undang-Undang SEDIA ini.
Yang paling teruk sebenarnya ialah perompak itu juga boleh mengambil harta dan rumah kita.
Bagaimana ini terjadi. Baca Section 29. Pihak Berkuasa boleh dibubarkan sebelum Pilihan Raya akan datang.
Kalau si Perompak itu menang, dia mungkin boleh pergi ke luar negeri dengan harta kekayaan yang dia dapat dari SEDIA.
Tapi kalau dia menang, ceritanya berubah dan jadi lebih dah-syat kerana si perompak itu akan terus bermaharaja lela dan boleh terus merampas hak rakyat.
8. Section 8(2) even contradicts the Evidence Act 1950 in that all minutes of the meeting can be admissible without having to proof it in the court of law.

Malah Seksyen 8(2) adalah bertentangan Evidence Act 1950 kerana semua minit mesyuarat boleh digunapakai sebagai bukti tanpa pengesahan mengikut undang-undang yang sepatutnya.
OLEH YANG DEMIKIAN, SAYA BERHARAP KESEMUA YB DAPAT MELIHAT PERKARA INI DAN TIDAK MELULUSKAN RANG UNDANG-UNDANG SEDIA DAN KITA BIDERI LEBIH MASA UNTUK MENELITINYA LAGI.
RANG UNDANG-UNDANG INI PERLU DIKAJI SEMULA! DEMI MASA HADAPAN RAKYAT SABAH, PENDUDUK BUMIPUTERA, GENERASI MASA HADAPAN SERTA NEGERI KITA SABAH YANG TERCINTA !
LET US NOT FORGET, THE 5 MAIN THRUSTS OF SDC IS SUPPOSED TO:-
a. TRANSFORM SABAH INTO A REGIONAL GATEWAY FOR TRADE, INVESTMENT AND TOURISM.b. CONTINUE TO MAKE SABAH A HARMONIOUS AND PROSPEROUS STATE IRRESPECTIVE OF RACE AND RELIGIONc. MAKE SABAH MORE TECHNOLOGY SAVY FOR A BETTER QUALITY OF LIFE IN THE STATE.d. CREATE MORE JOBS OPPORTUNITIES IN THE STATE, ANDe. MAKE SABAH A COMFORTABLE PLACE TO LIVE IN AMIDST ITS RICH DIVERSE CULTURES, HERITAGE AND ENVIROMENT.
I RECEIVE THIS BILL ON THE 13TH JANUARY 2009, I SERIOULSY FEEL THAT THE TIME GIVEN IS TOO SHORT.
PENUTUP
Cukuplah sampai sini dahulu
Saya habiskan ucapan saya dengan kata-kata……
Jangan sokong rang undang-undang SEDIA ini! Jangan raikan tahun baru 2009 dan tahun baru cina akan datang dengan kita membuat keputusan yang salah.
Ingat! Kesilapan kita tiada makna di masa hadapan…..
Sekian dan terima kasih!!

Will there be a by-election in Pensiangan?

The Federal Court will sit in Kota Kinabalu Thursday and Friday (Feb 12 & 13)to hear Parti Bersatu Rakyat Sabah (PBRS) Tan Sri Joseph Kurup appeal against a Kota Kinabalu Election Court on Sept 8, 1008 that declared his win uncontested as Pensiangan member of Parliament.

This was confirmed today by Kurup's lawyer George Aluda.

Danny Anthony Andipai of Parti Keadilan Rakyat (PKR) filed the petition on April 9, 2008.

Andipai's candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day Feb 24, 2008. After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested.

Andipai sought for a court declaration that Kurup’s win was null and void.The Election Court allowed Andipai's petition and Kurup, who had been appointed Federal Rural and Regional Deputy Minister, file a stay of execution of the declaration on Sept 11, 2008.

The Federal Court is also scheduled to hear PKR's appeal against the Kota Kinabalu Election Court decision in dismissing their petitionKota Belud: Umno Youth chief Datuk Seri Hishammuddin Tun Hussien said Umno should consider a proposal to include a Sabah leader to be selected Vice-President during next month's party elections.
He commended Sabah Umno for having made valuable contributions towards strengthening the party in the interest of the nation and its people.
He said Sabah Umno had continued to remain intact and strong since the party began entrenching itself in the State, 19 years ago.
Hishammuddin, who is Education Minister, said this when addressing a meeting with Kota Belud Umno leaders, in a local restaurant here.
The strength of Sabah Umno should be portrayed as a fine example of unity and solidarity among the members that should be emulated by the respective divisions in the peninsula, he said.
In this respect, Deputy Prime Minister and Umno Deputy President Datuk Seri Najib Tun Razak would need to accorded due attention to the party's Sabah leaders for inclusion in the Supreme Council line-up, he added against the victory of Parti Bersatu Sabah (PBS) deputy president Datuk Dr Yee Moh Chai

In the March 8, 2008 general elections, Dr Yee won the Api Api state seat with a slim majority of 174 polling 3,419 votes, defeating Sabah PKR deputy head Christina Liew Chin Jin who garnered 3,245 votes.

The Kota Kinabalu Election Court declared Dr Yee's victory valid and Liew's election agent Audrey Karen Barry on April 9, 2008 filed an appeal to the Federal Court seeking a declaration to set aside the declaration.

The petitioner sought to declare the election's result null and void due to various breaches of the Election Offences Act 1954 and the Elections (Conduct of Election) Regulation 1981.