Justice For All Malaysia

The Powers of the Dewan Rakyat Speakers

Posted on: October 21, 2008

Tolak usul isu ketua hakim negara
Oct 21, 08 12:30pm Malaysiakini.com
Dewan Rakyat menolak usul tergempar untuk membincangkan cadangan melantik Presiden Mahkamah Rayuan, Tan Sri Zaki Azmi sebagai ketua hakim negara yang baru.

zaki azmi and parliament 211008Usul yang dibawa wakil Kubang Kerian, Salahuddin Ayub, juga ketua Pemuda PAS, ditolak oleh timbalan yang dipertua dewan dengan alasan isu-isu berhubung badan kehakiman tidak boleh dibahaskan.

Minggu lepas, Majlis Raja-Raja Melayu mencalonkan Zaki bagi menggantikan Tun Abdul Hamid Mohamad yang bersara wajib Jumaat lepas.

Emergency motion on ‘new CJ’ rejected
Fauwaz Abdul Aziz | Oct 21, 08 12:13pm
The Dewan Rakyat was informed today that an emergency motion to debate the proposed appointment of Zaki Azmi as the new chief justice was rejected on the grounds that such a motion breached provisions against discussing the behavior or character of senior judges.


wan junaidiDeputy Speaker Wan Junaidi Tuaku Jaafar (left) said the motion, submitted by Salahuddin Ayub (PAS-Kubang Kerian) last week, was rejected in Chambers as both 36(8) of the Standing Orders and Article 127 of the Federal Constitution forbids the legislature from discussing the conduct or character of High Court, Court of Appeal or Federal Court judges.

The only way such a motion can succeed in being tabled is as a substantive motion and must have the support of no less than one-quarters of the total number of members of Parliament, he said.

Wan Junaidi also cited the book ‘Document of Destiny‘ written by constitutional expert Shad Saleem Faruqi on the Federal Constitution to support his stand on the insulation and immunity of judges from “politically-inspired criticisms.”

zaki azmiZaki (left) is currently Court of Appeal president and was nominated by the Conference of Rulers last week as the country’s top judge to replace Abdul Hamid Mohamad.

His rise up the judicial ranks from a corporate lawyer after being appointed by Prime Minister Abdullah Ahmad Badawi’s administration over a score of more senior judges met with outcry from several quarters due to his affiliations with Umno, including having been its legal advisor.

Supporting the call for the motion to be debated, independent MP (Pasir Mas) Ibrahim Ali said this is preferable to the government letting it spread on the Internet as public fodder for its detractors and thereby become a liability.

“If it is rejected in chambers and the motion spreads outside (this Dewan), it will have negative results (for the government),” said the MP.

‘Tendency to reject’

Ibrahim also expressed disappointment with what he described as the ‘tendency’ of the speaker and deputy speakers – unlike their predecessors – to reject in Chambers motions submitted to them.

ibrahim ali“It is disappointing, like losing a girlfriend. I am trying to help this Dewan … I myself in previous parliamentary sittings have lost motivation (due to the rejection of many motions),” he said.

Chipping in, veteran politician Lim Kit Siang (DAP-Ipoh Timur) said tabling the motion under Standing Order 27 as a substantive one would relegate it to the bottom of Parliament orders of the day and ensure it is not discussed at all.

“It would go to the bottom of the list and up to the last day will not see the light of day,” he said.

Responding to Ibrahim’s contention that most motions have been rejected in Chambers, the deputy speaker said he would discuss the matter with Speaker Pandikar Amin Mulia.

However, Wan Junaidi was adamant on the issue of Zaki being a no-go area for the time being.

“When it has to do with (Standing Order) 36(8), there can be no compromise because it ties in with the Federal Constitution and the Standing Orders… The issue of (it being a matter of) Barisan Nasional and Pakatan Rakyat politics does not rise in this matter,” he said.

During a press conference later, Salahuddin said he would raise the Zaki matter in his debate speech on the 2009 Budget.


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Must Attend Program

Please go to this link: https://justice4allkuantan.wordpress.com/2008/10/25/invitation-public-forum-the-isa-and-the-police-reform-process-whats-next-after-pak-lah/
To sin by silence when we should protest makes cowards of people - Emily Cox

Siphoning EPF money

On 'Why should Valuecap borrow from EPF?' Syed Shahir Syed Mohamud: MTUC condemns the government's move to bail out Valuecap to support the local stock market using RM5 billion from EPF, as the provident fund is the custodian of the workers' money and not some sort of ‘automated teller machine' for the government.
If at all the EPF were to lend its money to the government, it has to be under the condition that there be transparency and accountability in the activities for which the money has been purposed. We want to know who is doing what with the money that belongs to the workers. This is the hard-earned money of the workers, their retirement plan. How is this bailout plan going to benefit the workers? We also question the reason for this bailout. If the economic fundamentals in Malaysia are strong and reserves sufficient as has been stated several times by the government, then why is there a need to offer so much money to the GLCs? Second Finance Minister Nor Mohamed Yakcop should prove how the EPF would profit from this loan. Bernama had reported that Nor had given the assurance that the loan given out by EPF would reap profits for the fund judging from Valuecap's past performance. But where is the paperwork and calculations to show that this move will benefit the EPF? MTUC is concerned that the loan might be mismanaged or misused and this, in turn, would affect the returns for the contributors. Mere assurances are not enough. We want to proof that this RM5 billion will not go down the drain. (The writer is president, MTUC). Sharyn: The government wants to use our pension money to prop up the Malaysian stock market which is the playing field of the rich people. If so, the government must ensure that the EPF account holders - who are predominantly the poor to average citizens of Malaysia - be guaranteed all of our pension money with a compound 8% growth (interest). It's so selfish and sick of the government to use the poor's pension money to help the rich to make more money with all the risks taken by the poor/average citizen. We can better use the RM% billion loans to Valuecap for our children's education, shelter, medical bills etc. Why not get those rich people to prop up the share market instead? Why should they park their money overseas and gamble with our EPF money instead? Kumar14: Who is behind this Valuecap organisation? Why suddenly, this separate entity is allowed to access funds from the EPF? Are they capable enough to handle it or is it just another desperate and blind move? It has been a very infamous trend where the people's funds are channeled to a company for investment purposes and suddenly POP! the funds disappear and there is nobody to be held responsible but a RM2 shell company. Charge who? Sue whom? The RM2 company (just a registered name)? We have seen this many times. People in power and with connections allow such things to go through and reap/rob the people's wealth and then blame it on organisations which actually don't exist. What if a lot of EPF funds are looted via such scams and nobody is to be pointed at? Where will the government get the funds to replenish the EPF? The people are very bored, disappointed, angry and frustrated at seeing all these dumb and unaccounted for measures being allowed by the government with lame excuses. Please, somebody verify the true purpose, integrity and capability of anybody attempting to use the people's fund.

Raja Petra

Photobucket Ihsan dari blog Go!Malaysian http://gomalaysian.blogspot.com/


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