Acceptance and Compromise In Malaysia’s Democracy?

‘Civil Liberties’ and ‘Democracy’ may sound like words which have been used a dime a dozen, but beneath the surface, these two words have etched in them non-negotiable principles of which, lay the foundation of any society which prides itself on being run by a system of equality, interestingly guaranteed even by Malaysia’s Federal Constitution, the ‘bread & butter’ of our identity. Because the Constitution is more than just law, it has embossed in it a nation’s identity, one that usually cannot be altered.

And one of those principles relates to a system run by Malaysians, through a system of Constitutional Monarchy.

But has this identity many of us pride ourselves on faded without much notice, (much like how Khalid Ibrahim should have, but refused to leave?)

Now, this piece isn’t so much of a critique on His Royal Highness (HRH) the Sultan of Selangor in appointing Bukit Antarabangsa’s State Assemblyperson, YB Azmin Ali, but more to try to ascertain on the procedural impropriety in not appointing a member of Selangor’s Assembly, who had already displayed that they had support to be the new Menteri Besar (Chief Minister).

In Selangor’s Constitution, the discretionary powers of a Head of State lie in two distinct matters; in appointing a Menteri Besar and choosing whether or not to dissolve a state assembly, similar to the powers available to the Agong at a national level.

But there are still limits to which a Head of State can exercise these discretionary powers, more so relating to the appointment of a Head of Government.

Article 53 (2) (a) allows for this, where HRH may appoint a Menteri Besar who in His judgment is likely to command the confidence of the majority of the members of the Assembly.

There though, lies the answer to this conundrum which we found ourselves in. When Datuk Seri Wan Azizah Wan Ismail declared that she had been endorsed by 30 State Assemblypersons on August 15th, that discretionary power no longer was available to HRH, simply because his work had already been done for him, by the said assemblypersons.

And going by the Federal Court decision in Nizar vs Zambry, this was perfectly legitimate, and all HRH had to do was to duly appoint Datuk Seri Wan Azizah as the 15th Menteri Besar of the State of Selangor.

Never mind the court decision though. Even if there wasn’t a Federal Court decision already in place, HRH would be directed, not by us, Khalid Ibrahim or even the 30 Selangor reps, but by the State’s Constitution which has expressly stated the course of action which must be adopted, as soon as a Menteri Besar has lost confidence, and another has proven to have majority support in the State Assembly.

This though, never took place, but why so? Could it be said that HRH was misled by his advisors or the state legal advisor? More importantly however, what does this now mean for this democracy through a system of constitutional monarchy we claim to have in Malaysia?

The State’s Constitution does not provide a Head of State with authority to be actively involved in politics opted by, and governed for, the people of Selangor.

Would it be too much to request, with respect, that HRH through his advisors, put forth the reasons which resulted in Datuk Seri Wan Azizah Wan Ismail not being installed as the Chief Minister? The explanation issued yesterday stating that the reason it occurred was due to “strife within PKR and inability within PR to choose a candidate” smacks of disbelief, as this ‘choosing’ was already done on August 15th.

I will reiterate that the identity of a person appointed does not matter that much, but what is vital is how they came about to be chosen. There have been some utterances that “It doesn’t matter if Wan Azizah wasn’t appointed, it’s still a PKR MB right?” But it matters, without a shadow of doubt.

We cannot simply accept a ‘compromise’ solution when we realise that it indeed is not right, bordering on being unjust. The state Constitution has clearly been overlooked in this instance.

Malaysia’s Constitutional Monarchy has taken a back seat and I do hope for the life of me that it isn’t a signal of what might be in the pipeline, where a particular Constitution can be overridden, when a clear error has occurred.

If we opt however to lay silent with principles which are non-negotiable, then we Malaysians should accept the idea that we have a Constitutional Monarch system with democracy which is qualified. I shudder at that thought.

Blame-Game Against MAS Yet Again

Crop field close to the area of MH17's crash site.
(Pic Courtesy of New York Times)

The graphic was taken by one of the first journalists at MH17’s and 298 women, men, children and little infants final resting place. White cotton on sticks is being used to mark the location of where passengers lay idle, over an area measuring more than 20 kilometres in radius, as a result of the plane disintegrating from an altitude of 33,000 feet. Sabrina Tavernise of the New York Times has a shivering, spine-chilling take on the impact of MH17, available here (http://www.nytimes.com/2014/07/18/world/europe/malaysia-airlines-plane-leaves-trail-of-debris.html)

Some though, have been quite outrageous in their response to this most tragic of accidents, frantically searching for any angle, mostly unsubstantiated, into taking pot shots against Malaysia Airlines for flying over a ‘war zone.’ Restraint and that ‘humanness’, is apparently not easy to find in Malaysia. 

It is most disheartening too, that heading this bandwagon are political leaders, and from the opposition at that! Yelling at MAS (under the guise of posing a question) to ‘explain why they flew over a war zone’ (https://www.facebook.com/photo.php?fbid=10152596269259170&set=a.10151905029024170.1073741830.52329039169&type=1&theater&notif_t=like) through both Facebook and Twitter, is incredibly unacceptable in any standard and reasonable society. 

The blame-game has been played ever so often has become mundane. One has to realise this tragedy is a different disaster altogether compared to MH370. 

This route has been used time and again, under guidelines by the ICAO (International Civil Aviation Authority) and Eurocontrol, with Aeroflot 86 (flights), Singapore Airlines 75, Ukraine International Airlines 62, Lufthansa 56, and Malaysian 48 in this past week. Critics have to digest the situation by looking at it as a whole, and not slamming MAS because, and only because that is a hobby to some. 

Arguments of shellacking the victim while minimising the stare at offenders is, to my view, a narrow-minded and opportunistic view, which has been adopted by leaders and followers. Thankfully though, many more Malaysians have stood together and rightfully correcting opinions such as these. 

Previous catastrophes have shown that offenders try as much to cover up their tracks (http://www.washingtonpost.com/news/checkpoint/wp/2014/07/17/when-airliners-get-shot-down-facts-get-skewed-quickly/), and the last critics should be doing in respect of those who lost their lives, is further knocking MAS which is already down, but not displaying that sort of intellect when speaking of those who allegedly pulled the trigger. 

But if this continues though, when some keep whacking for the sake of pleasure, there isn’t much Malaysians can hope for, but be brought back to the memory of those white cottons at MH17’s resting place. 

Malaysia - A Year After GE13

Precisely a year ago to this day, I woke up with the belief that there was somewhat of a possibility that we Malaysians, would experience change in one way or another. After being ruled by a power for 56 years, it is safe to say that on the 5th of May 2013, Malaysians expected. On that very day, Malaysians delivered big time at the ballot box but due to the system of government we live in, we have that very establishment in power, albeit only a minority. 

Now if I were to go through all the calamities the country has been through in the past one year, that would be quite a task, quite impossible to sum up in this piece but let’s look at the key ones. 

To begin with, the issue of corruption brought about by the villainy in those occupying positions of power has been taken to the next level in Malaysia, where in 2013, a study by Ernst & Young (one of the top accounting firms around) (http://www.ey.com/Publication/vwLUAssets/2013_Asia-Pacific_Fraud_Survey/$FILE/EY-Asia-Pacific-Fraud-Survey.pdf), concluded that Malaysia, along with China, has the highest levels of bribery and corruption unmatched, anywhere in the globe. 

Unscrupulous acts will have dire effects on the finances of the working and middle class, us the people. However, not a word is said to rebut such findings by the Cabinet or its head, Prime Minister Najib Razak. 

To overcome the loss of finances, his very own Ministry which bulldozed the Goods & Services Tax Bill and virtually circumvented Parliament in the process by only allowing a two-day debate on a bill which will have ramifications for generations to come. 

When one just pauses to make sense of this whole equation, well it would be nigh on impossible to make head or tail of it, as it is inexplicable for any legitimate government to do so, where lives of the select few are made all the more easier, and the ordinary people are made to suffer in an extraordinary way.

In an age where freedom of speech and the media are being adhered to by democratically elected governments, our government dares to be different by going against the tides and living up to the now infamous tagline, “Malaysia Boleh”, the land of all possibilities. Independence given to our media is now ranked at 147th of the total 180 nation states studied by Reporters Without Borders in 2014 (http://rsf.org/index2014/en-index2014.php#), with media agencies who do not conform to government orders not being granted printing permits. 

Political persecutions have also been the name of a nasty game played by the government and Attorney General’s Chambers, where members of the Opposition have been hauled up for reasons from organising gatherings in objection to government actions, acts against the order of nature, sedition, sedition and yes, sedition. 

The pantomime villain which gets away with whatever his mind can come up with is Ibrahim Ali. Balderdash utterances by Perkasa with shocking things like “What more do non-Muslims want?” seem like a sequel to our top news daily’s “Apa Lagi Cina Mau?” after GE13. Rounding off this triad is ISMA, which never halts its agenda to break apart Malaysians, fostering instead for ‘mafia-rule’ and disunity among individuals.

It looks a lot to me, as though the institutions which are pillars to which a nation can strengthen its foundation and grow are destroyed to an extent that it will take some repairing. Justice for the common man in the judiciary cannot be guaranteed. Elective dictatorship is being practiced in its fullest in Parliament and the executive reign supreme where even a Minister can threaten for an apartheid-style electoral system. 

I need not go into too much detail on flight MH370 as the government’s actions have been a laughing stock the world over. At the time of writing, it has been 58 days since the unfortunate event yet the families are no closer to getting the closure they undeniably are yearning for. 

Do we sit back and watch?

A year on from GE13, I awake not to disappointment, but fueled with hope and aspiration that the wrong can be made right. The rigged electoral roll and its system has got to be given an overhaul, as put perfectly by the People’s Tribunal organised by Bersih. Our judicial system has got to have its sanctity reclaimed before it moves into oblivion. Malaysia’s Federal Constitution, the supreme law of our land, must be defended at all costs against those who may have agendas which are out of order. 

Prime Minister Datuk Seri Najib Razak claims ever so vociferously that he is a reformer. I will make it crystal clear that he is indeed a reformer, hands down. But he is a backward reformer in that he is making the country head into the wrong direction. 

We, Malaysians, can be the real reformers. There is work to be done. We have got to pull our socks up and display to the government that time for play is most certainly over and they should not abuse and take for granted, citizens of this most brilliant nation, Malaysia. 

Passings of Malaysian greats, Karpal Singh and Irene Fernandez, among others, have shown without a doubt that battles against the government can be won. When, not if, more of us fight our battles, then come the next General Election, we will win the war.

Yours Truly,

Jay Jay Denis.

This post also appeared in the following websites. 
- The Malay Mail Online (http://www.themalaymailonline.com/what-you-think/article/malaysia-a-year-after-ge13-jay-jay-denis)
- The Malaysian Insider (http://www.themalaysianinsider.com/sideviews/article/a-year-after-ge13-jay-jay-denis)
- The Malaysian Times (http://www.themalaysiantimes.com.my/malaysia-a-year-after-ge13/)

Roar of the ‘Tiger’ will always be heard

Source: http://www.freemalaysiatoday.com/category/opinion/2014/04/18/roar-of-the-tiger-will-always-be-heard/

FMT LETTER: From Jay Jay Denis, via e-mail

In the wee hours of Thursday morning, April 17, news trickled in via Twitter that YB Karpal Singh, MP for Bukit Gelugor, lost his life together with his aide, Michael Cornelius. Time just froze. Malaysia had just lost a 73-year old man in the most tragic of circumstances, a man who had fought the good fight, in the most principled of ways.

Tributes from all Malaysians, be it from the government or opposition, flew in to commemorate the life Karpal Singh had lived. It would be nigh on impossible for me to go on listing down his accolades, endless achievements and the likes of it here, for that would certainly require a book to be written, speaking of which Tim Donoghue has done an admirable job with.

However, the ‘Tiger of Jelutong’, as he is so fondly known, was one who despite all his struggles and hardship, never brought to a halt his drive to persevere for a better Malaysia, for all Malaysians. Even his final journey enroute to Penang was to prepare for a case in court.

On the world stage, young people in the 80s and 90s, even before that, grew up revering the late South African President, Nelson Mandela. A man who sought equality for all, notwithstanding their background or colour of their skin.

Here though, (and I do not think I’m wide of the mark to speak on behalf of others), Malaysians during that period, held Karpal Singh in equally high esteem. Equality, social justice and the rule of law are just some of the many things he stood for, unflinching of his principles.

Some might not have known the gentleman, but he had set a benchmark for many to emulate. Oftentimes, when someone speaks with a bit of sense coupled with courage in any situation to right a wrong, the general reply could be, “Ahh, you speak like Karpal Singh. Do you want to be a lawyer?”

That is testament of the man, that whoever so dared to speak in defence of themselves and others, would be looked at as following in the ever brilliant precedent of YB Karpal.

One who highly believed in justice, he was also rooted in forgiveness, clearly displayed in his constant calling for the death penalty to be done away with in Malaysia. When he spoke, either in Court or Parliament, or even in regular speeches, a pin drop silence could be heard. That sort of an aura was something he always had. When he spoke, people listened.

It did not matter whether one was a friend or foe, be seated in the higher stratum of society or an ordinary person, when that person acted outside the bounds of the law, Karpal would make sure that person knew of his error.

His final speech in Parliament is still ringing in my ears, when he mooted to the Speaker, “Jangan main-main dengan Perlembagaan, Tuan Speaker”, alluding to a breach of procedure in the ‘Dewan Rakyat’.

The phrase ‘Upholding the Constitution’ and ‘Karpal Singh’ has been mentioned numerously in the same sentence. Weeks before, he was even convicted for doing just that, mentioning that no one is above the law. He probably lived to the fullest the saying of Sir Ivor Jennings: ‘Be you ever so high, the law is above you.’

Karpal was detained without trial, yes, he even was convicted of sedition and did not get a chance to appeal. Even then, he respected the decision of the court. Malaysians are witnesses of the heroic battles that he fought in an unfinished struggle. We are duty-bound to carry on with the struggle.

As he put it perfectly, “”Eliminating me from the political terrain will not be the end of Karpal Singh. It will in fact lead to the rise of many Karpal Singhs!” We may have lost the man, but the roar of the tiger can still be heard. Gone, never forgotten.

The roar will not be silenced

Source: http://www.thesundaily.my/node/248718

EARLY on April 17, news trickled in that Karpal Singh, MP for Bukit Gelugor, lost his life together with his wingman, Michael Cornelius.

Time just froze. Malaysia had just lost a 73-year-old man in the most tragic of circumstances, a man who had fought the good fight, in the most principled of ways.

The Tiger of Jelutong, as he is so fondly known, was one who despite all his struggle and hardship, never brought to a halt his drive to persevere for a better Malaysia, for all Malaysians. Even his final journey en route to Penang was to prepare for a case in court.

On the world stage, young people in the 80's and 90's, even before that, grew up revering the late South African President, Nelson Mandela. A man who sought equality for all notwithstanding their background or colour of their skin.

Here though, (and I do not think I am wide of the mark to speak on behalf of others), Malaysians during that period, held Karpal Singh in equally high esteem. Equality, social justice and the rule of law are just some of the many things he stood for.

Some might not have known the gentleman, but he had set a benchmark.

Often when someone speaks with a bit of sense coupled with courage in any situation to right a wrong, the general reply could be, "Ahh, you speak like Karpal Singh. Do you want to be a lawyer?"

That is testament of the man, that whoever so dared to speak in defence of themselves and others, would be looked at as following his example.

One who highly believed in justice, he was also rooted in forgiveness, clearly displayed in his call for the death penalty to be done away. When he spoke, either in court or Parliament, or even in regular speeches, a pin drop silence could be heard. That sort of an aura was something he always had. And when he spoke, people listened.

It did not matter whether one was a friend or foe, when that person acted outside the bounds of the law, Karpal would make sure that person knew of his error. His final speech in Parliament is still ringing in my ears, when he mooted to the Speaker, "Jangan main-main dengan Perlembagaan, Tuan Speaker", alluding to a breach of procedure in the 'Dewan Rakyat'.

Karpal was detained without trial, yes, he even was convicted of sedition and did not get a chance to appeal.

Even then, he respected the decision of the court. Malaysians are witnesses of the heroic battles that he fought in an unfinished struggle. We are duty-bound to be liberated from that very struggle.

As he put it perfectly, "Eliminating me from the political terrain will not be the end of Karpal Singh. It will in fact lead to the rise of many Karpal Singhs!" We may have lost the man, but the roar of the tiger can still be heard.

Jay Jay Denis

Karpal Singh — Malaysia’s stalwart is gone but never forgotten

Source : http://www.themalaymailonline.com/what-you-think/article/karpal-singh-malaysias-stalwart-is-gone-but-never-forgotten-jay-jay-denis

APRIL 17 — In the wee hours of Thursday morning, 17th of April, news trickled in via Twitter that YB Mr Karpal Singh, MP for Bukit Gelugor, lost his life together with his wingman, Michael Cornelius.

Time just froze. Malaysia had just lost a 73-year old man in the most tragic of circumstances, a man who had fought the good fight, in the most principled of ways.

Tributes from all Malaysians, be it from the government or opposition, flew in to commemorate the life Mr Karpal Singh had lived.

It would be nigh on impossible for me to go on listing down his accolades, endless achievements and the likes of it here, for that would certainly require a book to be written, of which Tim Donoghue has done an admirable job with.

However, the ‘Tiger of Jelutong’, as he is so fondly known, was one who despite all his struggle and hardship, never brought to a halt his drive to persevere for a better Malaysia, for all Malaysians. Even his final journey en route to Penang was to prepare for a case in court.

On the world stage, young people in the ‘80s and ‘90s, even before that, grew up revering the late South African President, Nelson Mandela. A man who sought equality for all notwithstanding their background or the colour of their skin.

Here though, (and I do not think I am wide off the mark to speak on behalf of others),  Malaysians during that period, held Karpal Singh in equally high esteem. Equality, social justice and the rule of law are just some of the many things he stood for, unflinching in his principles.

Some might not have known the gentleman, but he had set a benchmark of which many would intend to follow.

Often a time when someone speaks with a bit of sense coupled with courage in any situation to right a wrong, the general reply could be, “Ahh, you speak like Karpal Singh. Do you want to be a lawyer?”

That is testament of the man, that whoever so dared to speak in defence of themselves and others, would be looked at as following in the ever brilliant precedent of YB Karpal.

One who highly believed in justice, he was also rooted in forgiveness, clearly displayed in his constant calling for the death penalty to be done away with in Malaysia. When he spoke, either in Court or Parliament, or even in regular speeches, a pin-drop silence could be heard. That sort of an aura was something he always had. And when he spoke, people listened.

It did not matter whether one was a friend or foe, be seated in the higher stratum of society or an ordinary person, when that person acted outside the bounds of the law, Karpal would make sure that person knew of his error. His final speech in Parliament is still ringing in my ears, when he mooted to the Speaker, “Jangan main-main dengan Perlembagaan, Tuan Speaker”, alluding to a breach of procedure in the ‘Dewan Rakyat’.

The phrase ‘Upholding the Constitution’ and the name ‘Karpal Singh’ has been mentioned numerously in the same sentence. Weeks before, he was even convicted for doing just that, mentioning that no one is above the law. He probably lived to the fullest the saying of Sir Ivor Jennings, which ran, ‘Be you ever so high, the law is above you.’

YB Karpal was detained without trial, yes, he even was convicted of sedition and did not get a chance to appeal. Even then, he respected the decision of the court. Malaysians are witnesses of the heroic battles that he fought in an unfinished struggle. We are duty-bound to be liberated from that very struggle.

As he put it perfectly, “Eliminating me from the political terrain will not be the end of Karpal Singh. It will in fact lead to the rise of many Karpal Singhs!” We may have lost the man, but the roar of the tiger can still be heard.

Gone, never forgotten.

- See more at: http://www.themalaymailonline.com/what-you-think/article/karpal-singh-malaysias-stalwart-is-gone-but-never-forgotten-jay-jay-denis#sthash.RDkmRfsN.dpuf

Karpal Singh – Malaysia’s stalwart is gone but never forgotten

Source: http://www.themalaysiantimes.com.my/karpal-singh-malaysias-stalwart-is-gone-but-never-forgotten/

By Jay Jay Denis

IN the wee hours of Thursday morning, 17th of April, news trickled in via Twitter that YB Mr. Karpal Singh, MP for Bukit Gelugor, lost his life together with his wingman, Michael Cornelius.

Time just froze. Malaysia had just lost a 73-year old man in the most tragic of circumstances, a man who had fought the good fight, in the most principled of ways.

Tributes from all Malaysians, be it from the government or opposition, flew in to commemorate the life Mr. Karpal Singh had lived.

It would be nigh on impossible for me to go on listing down his accolades, endless achievements and the likes of it here, for that would certainly require a book to be written, speaking of which Tim Donoghue has done an admirable job with.

However, the ‘Tiger of Jelutong’, as he is so fondly known, was one who despite all his struggle and hardship, never brought to a halt his drive to persevere for a better Malaysia, for all Malaysians. Even his final journey en route to Penang was to prepare for a case in court.

On the world stage, young people in the 80’s and 90’s, even before that, grew up revering the late South African President, Nelson Mandela. A man who sought equality for all notwithstanding their background or colour of their skin.

Here though, (and I do not think I am wide of the mark to speak on behalf of others),  Malaysians during that period, held Karpal Singh in equally high esteem. Equality, social justice and the rule of law are just some of the many things he stood for, unflinching of his principles.

Some might not have known the gentleman, but he had set a benchmark of which many would intend to follow.

Often a time when someone speaks with a bit of sense coupled with courage in any situation to right a wrong, the general reply could be, “Ahh, you speak like Karpal Singh. Do you want to be a lawyer?”

That is testament of the man, that whoever so dared to speak in defence of themselves and others, would be looked at as following in the ever brilliant precedent of YB Karpal.

One who highly believed in justice, he was also rooted in forgiveness, clearly displayed in his constant calling for the death penalty to be done away with in Malaysia. When he spoke, either in Court or Parliament, or even in regular speeches, a pin drop silence could be heard. That sort of an aura was something he always had. And when he spoke, people listened.

It did not matter whether one was a friend or foe, be seated in the higher stratum of society or an ordinary person, when that person acted outside the bounds of the law, Karpal would make sure that person knew of his error. His final speech in Parliament is still ringing in my ears, when he mooted to the Speaker, “Jangan main-main dengan Perlembagaan, Tuan Speaker”, alluding to a breach of procedure in the ‘Dewan Rakyat’.

The phrase ‘Upholding the Constitution’ and the name ‘Karpal Singh’ has been mentioned numerously in the same sentence. Weeks before, he was even convicted for doing just that, mentioning that no one is above the law. He probably lived to the fullest the saying of Sir Ivor Jennings, which ran, ‘Be you ever so high, the law is above you.’

YB Karpal was detained without trial, yes, he even was convicted of sedition and did not get a chance to appeal. Even then, he respected the decision of the court. Malaysians are witnesses of the heroic battles that he fought in an unfinished struggle. We are duty-bound to be liberated from that very struggle.

As he put it perfectly, “”Eliminating me from the political terrain will not be the end of Karpal Singh. It will in fact lead to the rise of many Karpal Singhs!” We may have lost the man, but the roar of the tiger can still be heard.

Gone, never forgotten.