KSTan

Just another CJ

Dump the NEP

Posted in Education, Social Justice on March 19th, 2010

In 1970, Bumiputras held 1.5 per cent of the country’s wealth. Today they hold 19 per cent, out of which 16 per cent is held by trust institutions and funds. This means that over the life of the NEP, despite everything, individual Bumiputra wealth has grown from 1.5 to 3 per cent.

Hardly anything to be proud of.

And what has been the costs of this meagre achievement?  Well there is of course the actual cost of making all of these opportunities available in the first place, whether in relation to business and entrepreneurship, education and scholarships, concessions, discounts, pink-slips, property ownership, etc.

But that is not all.

Think of the cost to the country for retaining a feudalistic patronage based system that enlarges the socio-economic divide between rich and poor, because the former are the ones who mostly profit from this arrangement.

Think of the sickening and crippling effect that Ketuanan Melayu has had on the mentality and attitudes of many Malays who are conditioned to be dependent on crutches and to embrace short-termism, and who now struggle with issues of self-confidence and self-reliance in a challenging global market place.

What about the cost of having countless businessmen (many of whom were Malays, I might add) who have been wiped out, not by non-Malay competition, but by other Malay businessmen who so happens to have the right ‘connections’ to those in power and pedigree.

What about the costs associated with having hundreds of thousands of Malay graduates who have a degree but can’t get good jobs because their qualifications have no market or industry value.  All of these things have a cost to the Malays and everyone in Malaysia.

Let’s not forget the costs associated with the fact that millions of poor and needy non-Malay Malaysians have had no effective social welfare net to rely on so that they remain in squalor.

Think also of the costs associated with how disunited we as are, by splitting society into those who are ‘princes of the soil’, and those who aren’t.

We would need to add to this, the costs of having weakened and ineffective institutions of government, across all of its branches, whether it is the legislature, the judiciary or the executive.

That would of course include the costs of a bloated and inefficient government beauracracy which has had to absorb countless numbers of Malay graduates that might not find employment elsewhere.

We would also need to take account of the substandard education that our children are getting, and the cost that propaganda and brainwashing has had on making Malays inept to take on the challenges to survive in a meritocratic environment.

The total costs of the NEP would also need to include the very high cost of bailouts and fixing things that have gone wrong because of misused opportunities.

What about the cost of market distortions from lost productivity and competitiveness when competing for business, talent and foreign direct investment and the consequential cost (including for example, brain drain) that follows?

And what of the cost of corruption, that is a necessary bi-product of maintaining a system that lives off of patronage?

All these costs must be computed and added to the total NEP bill. If you try to monetize the aggregate cost of the NEP (or whatever its current incarnation is called), it must run into the hundreds of billions of ringgits, if not more.

The NEP has cost the country a mountain of money, and its achievements are at best shoddy and patchy, especially for the Malays themselves.
On top of that, it has created a warped sense of values that are totally inconsistent with universal and Islamic values.

With depleted financial resources not being replaced, the socio-economic landscape not changing in the way it was intended, and value systems remaining warped, it is only a matter of time before we become like Zimbabwe. And there are those who have the audacity to ask that it remains in place?

It’s time to dump the NEP.

But that’s not to say that we no longer need affirmative action programmes.

We do. But we need these programmes to undergo a ‘game-changing’ re-design to become much more effective.

For the sake of the Malays and everyone else.  And to do this we need to take some bold changes.

Firstly, affirmative action programmes must be designed to benefit those who need such support across all races.

By definition this means that those who can now stand on their own two feet to realise the opportunity being offered, regardless of what race they are, must be excluded. But determining who needs what support must however take account, not just of how smart, how financially needy, and how hard working the person seeking such support is, but his/her background and social circumstances.

The more such a person is unaccustomed to the rigours of operating in a free market, the more deserving should he be of the programme.
The more that help offered to him is likely to have a major positive impact on him and those around him, the more deserving should he be of the program.

Secondly, the programme cannot be limited to giving opportunities alone.

It needs to deliver a life-transforming behavioural change. It needs the beneficiary to come away from having being given this opportunity with the willingness to embrace the challenges of an open and competitive society. This is true whether it relates to opening or building a new business, furthering his education, or sharpening his professional skills.

Finally such programmes must be run professionally, independently and free from political interference. The programmes must not be run by those who are beholden to any set of political beliefs or party system.

This is because that would create an irreconcilable conflict of interest as a result of which the program will suffer from the ill effects of poor governance, as has been the case with the NEP.

By developing colour-blind affirmative action programmes along this philosophy, you immediately remove the notion that opportunities are associated with the race to which you belong, even though the bulk of the beneficiaries, given the demographics and their social condition, are likely to still be Malays anyway.

A beneficiary is given this break, not because it is his right, but because he is proven to have a need, and society desires to help him meet that need, both for his own sake and for the sake of society itself. And because of this, the beneficiary is less likely to abuse this gift.

In addition, you remove from the potential list of beneficiaries, anyone that ought to be able to get on without any crutches.  By having these programmes run independently and professionally, you also stop rewarding those who are linked to a party or a leader with opportunities. It is this group that is the biggest strain on the system. It is this group’s greed that keeps elitism and cronyism alive and kicking. We need to stop letting this lot drain the system. By doing so, all the wanton wastage can be put to better use where it is really needed.  Focus on those that are disadvantaged, and leave those who have their own means to get on to compete on their own two feet.

With such a shift in emphasis, we are more likely to sustain such effective social engineering programmes over a much longer time horizon, focus on alleviating the conditions of those who are in the most need for help (the bulk of whom, as I said, will remain the Malays), whilst creating a society that is built on the sharing of common universal values of integrity, hard work, respect, tolerance, and compassion.

The only thing that is preventing the above approach from being supported and succeeding is the middle-class Malay’s fear of failure, and the voices of the ultra-Malays. To the latter I say, we must quell them for being criminally or recklessly irresponsible and ignorant. They are the ones who are causing the Malays to remain backward.

To the former I can only quote FDR’s saying, ‘The only thing we have to fear is Fear itself’. If we can overcome this fear, then God-willing, we can deliver our own salvation and turn this country around to fulfil all of its promises, for everyone.

The above piece is written by Suflan Shamsuddin who qualified as a barrister at law from Middle Temple and has been called to the Malaysian Bar. He is currently working in a Fortune 500 company as a senior counsel and is based in London. He is also author of the book “RESET: Rethinking the Malaysian Political Paradigm”.

PR in Penang: Perception & Reality

Posted in Constitution, Politics on March 16th, 2010

Perception versus Reality

These are important messages to pass on.  Perception can be totally unreal.  Keep yourself well-informed.

Wednesday, 10 March 2010 19:00

A common perception is that “nothing is moving in Penang”. The reality is how to really move when Penang received only a mere RM0.45 billion of Malaysia’s annual budget of RM207 billion, points out our correspondent.

Many people are very critical and, in fact, extremely negative about Penang’s direction post-March 2008 elections.  I constantly hear the rumblings of many and this has been thought provoking.  But a chord struck home when I attended a recent NGO forum in Penang.  The forum aimed to address whether anything has changed in Penang after two years.

At lunch, a retired finance professional (from a multinational company) spoke to me and commented that she did not know that federal and state relations were so complex. She also said that she just realised that the Penang state authorities were left out of important local matters and they were faced with tremendous challenges.  There must be so many more like this lady who would be clueless, if not for their own initiative to find out more through alternative media, networking and analysis of information.  Many perceptions are formed based on one’s observations and information at hand.

To the ordinary folk, Penang is perceived to be the same old place. There is no visible difference – pre- or post-March 2008.   Traffic is still crazy, drains are still clogged, illegal parking is rampant and everyday life still plods along in pretty much the same manner.

That’s the general perception.  But the reality is that there has been a flurry of activity behind the scenes post-March 2008 that is not visible to the layperson.  Traffic jams and clogged drains are the least of my worries at this point in time.  The unaccounted for billions of ringgit squandered in this country is one of my major worries.

A common perception is that “nothing is moving in Penang”. The reality is how to really move when Penang received only a mere RM0.45 billion of Malaysia’s annual budget of RM207 billion.  Although Penang contributes close to 9 per cent of the national Gross Domestic Product, it received an allocation of only 0.2 per cent.  Simple math will indicate gross injustices and unfair practices by the federal government.

Another example is the Auditor General’s 2008 report for Penang, which received praise for effective cost-cutting measures and prudent ways. The report says the state’s expenditure was reduced by RM35.4 million or by 11.1 per cent and it was the first time that the state’s consolidated funds rose above the RM1 billion mark (The Edge, 21 October 2009).

However, what does this translate to for the  layperson?   There is no visible impact, thus the general perception remains as it is.  The reality is that this accomplishment speaks positively for the management of the state, and these are the favorable management practices we want continued.

These are important messages to pass on.  Perception can be totally unreal.  Let us keep ourselves well-informed.  Let us take the initiative to find out more about what’s real and what’s unreal.

Let’s contribute positively to the change process that we so desire. For every grouse and concern that we have, let’s think of probable solutions and find ways to channel these ideas.  Let’s vote for a total change in favour of PR in the next General Election and give them a chance to turn the situation around for the betterment of the nation as a whole.

(A friend of mine from Penang emailed this to me)

Supremacy of Bureaucracy or Constitution

Posted in Constitution, Education, Politics on March 12th, 2010

Legal Advisor to Pas, Mohammad Hanipa alluded to the fact that in practice, the Bureaucracy and other institutions are given powers to make decisions that are supreme to the Constitution.

He cited the examples of bad land deals which go against the constitutional rights of equality and the need for permission from the Police to hold assemblies which is against the constitutional right to freedom of assembly granted by the Constitution.

Mohammad Hanipa, who is also a member of the Pas Central committee was addressing the Forum on Federal-State Relations held on 1st March 2010 at the Annexe Building of the Dewan Undangan Negeri Selangor.




Political culture undermines State powers

Posted in Constitution, Government on March 9th, 2010

Prof Dr Abdul Aziz Bari talks about the existence of a provision in the Malaysian Constitution which provides for ways and means for the Federal Government to do away with or interfere with the jurisdiction of the States, quoting the Emergency Law in Sarawak in 1966 and in Kelantan in 1979.
Even on matters where the State has constitutional powers eg land and local government, the Federal Government may by way of establishing new bureaucracies interfere with the State’s jurisdiction.
There is also Article 112(2) which limits the States borrowing to either from the Federal Government or approved institution. This provides a means for the Federal Government to put the State in a difficult financial position, for example in Kelantan where the delay in disbursements of grants have hampered the State’s development.
Even though, Senators are appointed from the 13 States, because of the political culture, these senators seem to give priority to party interest rather than the States they represent.
For example, we have seen how Selangor surrendered Kuala Lumpur and Putrajaya to the Federal government.
Prof Dr Abdul Aziz was speaking at the Bar Council Forum on Federal-State Relationship on 1st March at the Annexe Building of the Dewan Undangan Negeri Selangor in Shah Alam

Sue for your Constitutional Rights, Derek tells Selangor

Posted in Constitution, Government on March 7th, 2010

Article from: Anilnetto.com 24th Feb 2010

The Selangor state government has received a letter of demand for RM339 million for its refusal to allow a hike in water tariffs last year.

The compensation claim was contained in a letter from the lawyers of Syarikat Bekalan Air Selangor (Syabas), Selangor Menteri Besar Khalid Ibrahim revealed in a statement this evening. The letter gave the Selangor government 14 days to pay up.

Syabas is 70 per cent owned by Puncak Niaga Holdings Bhd, which is in turn 41 per cent controlled by Puncak Niaga executive chairman Rozali Ismail. According to Puncak Niaga’s Annual Report for 2008, directors’ earnings for the Puncak Niaga group totalled RM11.6 million for the year with the highest paid director earning more than RM5.7 million.

Khalid said the state government had received legal advice that Syabas was not entitled to such compensation. The state government is standing by its position that Syabas had allegedly violated important issues in the concession agreement. The MB said the government was ready to contest the compensation claim in court.

I spoke to Klang MP Charles Santiago about this. He said the Selangor state government was holding to three points:

- both the federal government and the state government have to agree to any tariff increase;
- any tariff increase could only come after the restructuring of the water sector was completed;
- the state government is challenging Syabas’ compliance with the terms of the concession.

In the following video, Derek Fernandez, speaking at the Forum on Federal-State Relationship on 1st March 2010 has this advice for the Selangor Government.

On the Selangor “water crisis” Derek Fernandez suggested 2 solutions to the Selangor State government to regain its constitutional rights over water in the State.

1. Challenge the basis of the Water Contract signed by the previous State government on the grounds that it is against the interest of the public

2. Use the concept of Restrictive Procedures, whereby person/bodies granted constitutional powers cannot surrender such powers to someone else.

Derek, a lawyer with the High Court of Malaysia and the Supreme Court of Victoria, Australia was speaking at the Forum on Federal/State Relationship organised by the Bar Council of Malaysia on 1st March 2010 at the Annexe Building of the Dewan Undangan Selangor.

Derek is currently legal advisor to 62 residents associations in KL and Selangor and is actively involved in many other planning and advisory assignments for the Selangor State government and some Members of Parliament.

Overhauling a federal biassed constitution

Posted in Constitution, Education, Government on March 5th, 2010

Fadha Nur, a lawyer and syariah counsel to 4 States in Malaysia speaks about the Federal Government flexing its muscles to overpower State decisions and forcing the State to follow its decision, the present “water crisis” in Selangor being an example.

The Malaysian Consitution is federal or central biassed and there are many provisions in the Constitution whereby the Federal government can use the bureaucracy as a form of indirect democracy to run matters of the State.

According to her, the way forward would be to overhaul the political culture and improve the avenues for direct democracy so that decisions are not made by other people on the State’s behalf.

The Malaysian Constitution amongst other things is a legal arrangment as to how the country is to be administered and the true power behind it, is the rakyat.

Fadha Nur was speaking at the Forum on Federal-state relationship, organised by the Bar Council of Malaysia on 1st March 2010 at the Annexe Buiding of Dewan Undangan Negeri Selangor.

State powers usurped, local govt handcuffed

Posted in Education, Government on March 3rd, 2010

Using the analogy of a big 3 generation family, Derek Fernandez hilariously illustrated the complexities of the relationship between the Federal and State government, local government, civil service and judiciary.

He highlighted some instances whereby the Federal Government had abused powers provided for in the Article 76 (4) of the Malaysian Constitution to usurp the constitutional powers of the State and curbed the the ability of the local government to serve the people.

Derek, a lawyer with the High Court of Malaysia and the Supreme Court of Victoria, Australia was speaking at the Forum on Federal/State Relationship organised by the Bar Council of Malaysia on 1st March 2010 at the Annexe Building of the Dewan Undangan Selangor.

Derek is currently legal advisor to 62 residents associations in KL and Selangor and is actively involved in many other planning and advisory assignments for the Selangor State government and some Members of Parliament.



MyConstitution Campaign Phase 3

Posted in Constitution, Education, Politics on March 2nd, 2010

In order for the people to appreciate the many Constitutional issues that have surfaced since the Political Tsunami of 2009, the Bar Council in conjunction with the Selangor Pakatan State Government launched the 3rd Phase of the MyConsitution Guidebook for the rakyat titled Federal-State Relations.  This is most timely and represent a first whereby a State government has taken such a proactive step to bring about more awareness and understanding of the Malaysian Constitution.

For more details on MyConstitution log on here to go to the Malaysian Bar Council Website.

You may also download the Guidebooks here.

Go direct to the MyConstitution Website here

This will help the rakyat to better understanding current political developments which has hit the headlines both in Malaysia and world wide.

On hand to launch the Campaign on 1st March 2010 at the Annexe Building of the Dewan Undangan Negeri in Shah Alam was the Menteri Besar, himself.

Listen to what he has to say about Federal-State Relationship.

Worst has yet to come, warns DSAI

Posted in Education, Politics on February 28th, 2010

Malaysia was hit by the global recession and 2009 was a difficult year for many of us.  More jobs were lost and more people were left unemployed than at any time in our nation’s history.

There are some indications that the economic situation is improving in 2010 but I released a statement today urging people not to be misled by a few statistics.  To say that the “the worst is over” is not only premature but irresponsible. READ MY STATEMENT HERE

For 10 years the government has spent more money than it has made.  In fact increasing government expenditure has been the defining element of Malaysia’s economic policy during this period.  The natural outcome of its approach is to register some small amount of growth.  But our continued reliance on an outdated strategy is taking us down the road of economic serfdom.  And the government’s failure to adopt creative economic policies to make us competitive in a global economy has left Malaysia lagging behind our neighbours in the region.

It is also true that corruption remains rampant and massive government projects are often unnecessary, cost too much, and benefit only a few people. We cannot afford to keep losing billions every year.

The private sector has not benefitted from the increase in spending.  Small and medium sized businesses were more vibrant and active 20 years ago than they are today. This means that the economic policies of the BN are still not creating enough jobs and opportunities for the vast majority of Malaysians.

Pakatan Rakyat believes that the structural problems with the economy must be addressed urgently so that Malaysia can regain its competitive edge in the region.  We promise to safeguard our future and our children’s future by being a government that is accountable to the people, transparent in its dealings and committed to a reform agenda that restores confidence in the judiciary, strengthens institutions of civil society and shows zero tolerance for corruption and cronyism.

Please support Pakatan Rakyat and our pursuit of a brighter future for Malaysians. Send this email to five of your friends and ask them to join our movement.

INVITE FIVE FRIENDS

Thank you,
Anwar Ibrahim

(I received this email and would like to share with all visitors to this blog)

The Poor Malaysians

Posted in Education, Headlines & Comments on February 27th, 2010

Malaysians getting poorer!!!

  • Yes, I know it is not enough ! What do I get for paying high toll everyday? Have to Q also to follow traffic jams after the toll !
  • Now I have to pay an extra RM50 for each credit card. For what?
  • Extra GST (goods and services tax). Again, how does that benefit me?


Look at the long list:

  • I have to pay for security guards because the  police are hopeless.
  • I have to install filters because the water supply is dirty.
  • I have to watch satellite TV because the government broadcasts crap..all pro-government & religious programmes !
  • Many kids have to go for tuition or to private schools because the government schools are bad and the teachers lazy & inefficient !
  • We have to pay IPPs (independent power providers) because the government cannot provide consistent electricity.
  • We have to pay Indah Water to clean up the sewers.
  • We have to pay very high taxes on foreign cars because Mahathir wants to keep his dying local car industry alive.
  • Most have to drive because the government cannot provide good public transport…stupid & inefficient planning of LRT and trains services !
  • We have to pay to sustain the government’s affirmative action policies….lots of rhetorics rubbish !
  • We have to pay for private health care because the public hospitals are overcrowded to the brim….waiting for hours to be treated !
  • We have to pay more for our goods because of corruption…..all our tax money goes to Government politicians’ pockets and the Royalties “shaking legs”….”gaji buta” !

All in all, we have to pay a PREMIUM to stay in this country!
And all this while we have to shout,
1Malaysia Boleh !
DAMN IT !!

Frustrated Citizen !

(Came across this note while browsing online)