Tuesday, October 21, 2008
Siapa Kata Malaysia Boleh ?
My streamyx has been down for 3 days now.Called TmNet twice but still no sign of the trouble being rectified or anyone turning up at my house to check whether the problem is at home.My phone line is working and I believe my payment is up to date so I can rule out that those were not the source of the problem.
The problem with this country is they take your money and provide you with crappy services and sold you 'broadband' which aren't broadband at all.If you don't pay up in time they disconnect the service without any mercy and when the service is down they don't give a damn and don't compensate you.
I lived in Singapore over 25 years ago. If you applied for a phone line it would be installed either the same day or latest the next day.If there were something wrong with your phone, likewise, you get immediate attention.If you get too many crank calls you can apply for unlisted number. It means your name is not listed on the phone directory so those sickos who masturbate over the phone and let you hear their sexual fantasy have no access to your number.We applied, our number was changed the same day.No questions asked.
Mind you! that was 25 years ago and the Internets have not been invented yet. Tell that to any Malaysian bumiputra and don't be surprised if 7 out of 10 will tell "Singapore is a small country, lah! easier to manage lah!, this lah!, that lah!. I say bullshit lah! Why don't we just learn from them and all we need to do is drive across the causeway and open our eyes,our ears and our screwed up brains and say that this is what we want for our country.
We returned to Malaysia in the early nineties and lived in Taman Duta and guess what, it took almost a month before our phone was connected and to cut the story short we did get crank calls every now and then and so naturally we asked Telecom for unlisted number and guess what we were told "Encik, minta maaf yah! itu unlisted number kami reserve hanya untuk VIP" Great! no point arguing with this kind of stupid policy.Might as well forget it and accept the fact that we are back in our beloved country--- 'Malaysia Boleh'
I was in Kuala Lumpur two weeks ago and stayed five minutes walk from the KLCC, in the deep commercial hub of the city.The hotel provided one free so-called 'broadband' connection.If anything that can ruin my whole day it would be what I called 'unexpected disappointment'.The bloody streamyx was worse than the one I have at home in Sabah and mind you that was in the heart of Kuala Lumpur.
I say to TMNet and Telecom Malaysia take your money and put it in where your mouth is.
This article is posted using public wi-fi.My streamyx is still out.
Monday, October 20, 2008
Lim Kit Siang:Incessant Barking
They have taken the meaning of their roles literally in every sense of the word and opposed for the sake of opposing.More often then not some of them acted like a bunch of spoilt brats making incomprehensible and useless noises that have no constructive contributions to the betterment of society and the nation.They are all noises but no punches.
The rumoured appointment of the next Chief Justice was a case which didn't merit any controversy but yet the oppositions, for the sake of making noises, were critical and condemned the choice of Tan Sri Zaki Azmi just because he was an ex-legal adviser to UMNO.Zaki have yet to be officially appointed to the post.
The most vocal critic is the head honco of DAP, the iriscible and self-opinionated Mr Lim Kit Siang who have never found a drop of goodness in the government since time immemorial.He is also the loudest and noisiest vessel in Parliament.A man who sees evil lurking in every nook and cranny of government.A man drowning in his own false dogmas of morality.
The nomination of names are the prerogative of the Prime Minister who would submit the names to the Agong, who, in consultation with the Conference of Rulers would than give his royal assent to the appointment.The final choice lies with the Agong and Conference of Rulers, not the Prime Minister.
There is nothing illegal or constitutionally wrong in the appointment of the Chief Justice or for that matter of all the judges for all the courts in the country.The vetting and selection process have gone through sufficient filtering and the appointment is in accordance with Article 122B of the Constitution.
From the Prime Minister to the Agong, to the Conference of Rulers and back to the Agong.Isn't that more than sufficient.To question the choice is showing disrespect for the Agong and the Conference of Rulers.
With his usual rhetoric and opposition to anything and everything he has put the cart before the horse and questioned albeit indirectly the competency of the Agong and Conference of Rulers in their decision making.
Below is part of what he wrote in his blog.
"This is not only not so, the Prime Minister has shown utter disregard and contempt for the widespread objections of the legal community and civil society to the appointment of the first Umno Chief Justice in the 51-year history of the nation!
In the circumstances, it is most regrettable and deplorable that Abdullah had stuck to his guns that Zaki be appointed the new Chief Justice, despite being forewarned that it would plunge the country into a new judicial crisis of confidence and a new era of judicial darkness.
Is Zaki capable of providing the necessary judicial leadership to ensure that Malaysia can rise above the past two decades of judicial darkness, plunging from one judicial scandal and crisis of confidence to another, and which reduced the Malaysian judiciary from its previous high international standing into a laughing stock for lack of independence, impartiality and integrity of the judiciary?
Pakatan Rakyat MPs must now decide whether to invoke Article 127 of the Malaysian Constitution which empowers the tabling in Parliament a substantive motion to debate the suitability and the merits/demerits of Zaki as the new Chief Justice provided it has the support of at t least a quarter of the Members of Parliament, i.e. 55 MPs.
If such a substantive motion is presented in Parliament, it would be the first time in Malaysian parliamentary and constitutional history."
The system of appointment of our Chief Justice and judges of the various courts in the country is better than that of the US.In the US the President nominates the name and the Senate approves it.In the UK, the Lord Chancellor similarly was appointed by the monarch upon the advice of the Prime Minister.
Lim Kit Siang talk of invoking Article 127 of the Malaysian Constitution is a disrespect for the Agong and the Malay rulers.His prejudgement that the man is already guilty even before the commission of the crime is I would say most unbecoming of him as a veteran politician.
I believe the the invocation of Article 127 is appropriate and makes more sense to call for substantive motion to discuss the behaviour of an errant Chief Justice or judges who were already on the job and has committed serious breach of judicial duties or some other criminal act.Lim is putting the cart before the horse.
How does he know that Zaki is going to be a bad judge? Who says there is widespread objections from the legal community and civil society? Has Lim done a reliable public opinion polls to claim the truth of his allegations.Why must the government listen to the Bar Council when they have shown partiality and bias against the government?
The government is duly elected by the people and it is absurd and a mockery of the democratic system if it has to consult every lawyers in town or the people, every now and then, before making any decision.What's the point of having elections ?
Obviously, empty vessel makes the loudest noise.
Saturday, October 18, 2008
Return To Past Glory: Will UMNO Be In The Death Throes ?
If UMNO think with the exit of Abdullah they can go back to its former tough and rough ways of governing the nation to gain back its past glory, they are dead wrong! Things and time have changed.People are more conscious of their rights now after many years of non-egalitarian,oligarchy, injurious and imprudent government.
The return to the old ways of Mahathirism would be suicidal for the BN (Barisan Nasional).It has worked well during his time but time has changed.There is now greater awareness on good governance and the people wouldn't accept anything less.The BN may last this term but if they don't change there will be changes at the next general elections.That would be their death throes
Since the inconceivably bad results obtained by the BN at the March 8 General Elections many articles have been written about why and where Abdullah had failed that have made him the most unpopular prime minister and a government in political dire straits.The government is practically under siege since then.
The Star has on Friday 17th October published an article by P.Gunasegaram that gave the most accurate picture of the root causes of Abdullah's problems and failures that led to the eventual diminution of support for the BN.The article is here.
Friday, October 17, 2008
Contempt Of Court ?
On 17 Sept the Federal Court upheld a decision by the High Court in Kuantan which on 25 May 2007 ordered the Government of Pahang to pay Seruan Gemilang Makmur Sdn.Bhd the sum of RM60 million for damages for breach of contract.
The company was given the right to log 4,000 hectares of forest concession by the Pahang State Government.The government subsequently allowed a third party to enter part of the area to carry out logging activities.The company sued the government for RM60 million and was awarded damages by the High Court.The government appealled to the Federal Court but lost the case.
The Pahang Government have not paid the company in spite of court order given by the Federal Court, the highest court in the country.The company have now applied for an order of mandamus to compel the government to pay.
What should be done if leaders of government have no respect of the law and the nation's highest court? Not respecting the court order is contempt of court and the court if it so wishes can send the person concerned for custodial sentence.
There are four elements that construe contempt.These are:
existence of a lawful order.
the contemnor's knowledge of the order.
the contemnor's ability to comply.
the contemnor's failure to comply.
If the Menteri Besar of Pahang has all of the above than the court should take serious view of his action and deal with him in accordance with the letter of the law.
There may be a law against seizure of government assets which gave the company no other choice but to apply for the 'order of mandamus' to compel the Menteri Besar to pay up.
If government can enforce its claims against its citizens for breach of contract, it has no right to be more equal than others.
I hope the court will take serious view of the disrespect for the court.