KSTan

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

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.

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.

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.

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.

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.

Thank you,
Anwar Ibrahim

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

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)

Pakatan Rakyat Penang’s greatest legacy to Malaysia and greatest threat to BN’s stranglehold on power is to prove that the right policies can make Malays and Malaysians compete and succeed against the best.

New measures implemented include competitive and public open tender, payments directly to recipients without going through middle-men, priority given to Penang contractors, e-tender through the internet and a 2 week objection period to ensure that successful contractor no longer need “political cables” but “computer cables”.

There is no doubt that competitive open tenders saves costs and improve quality.

Many contractors have been liberated with the implementation of open tenders at all levels. For Class F contractors which is only open to bumis, open tender system has allowed non-UMNO linked contractors in Penang to get contracts for the first time.

In the past contracts are usually reserved for UMNO cronies and those outside the state. Clearly the competitive open tender system of PR is more transparent, accountable and beneficial to the people compared to the negotiated tender system for BN cronies.

What is more surprising is the outcome of the open tender system open to all races. Instead of perception that Malays cannot compete and that the non-Malay contractor would win all open tender contracts, this is not true.

Since the new PR government took over, Penang Development Corporation(PDC) had issued 23 tender awards, of which 7(30%) were won by non-Malay contractors and 16(70%) won by Malay contractors.

Perbadanan Bekalan Air Pulau Pinang(PBAPP) had issued 66 tender awards of which 22(33%) were won by non-Malay contractors as compared to 44(67%) by Malay contractors.

The performance by Malay contractors in an open tender system with non-Malays proves that Malay contractors can compete with others and win tender awards on their own merit. Clearly it is not the race that is an issue but failed policies that encourage dependency especially when it helps BN maintain the status quo and its grip on power.

A good example is China which suffered famine and severe economic distress with wrong policies of eating from ‘a single iron pot” no matter how hard or little one worked.

However when China opened up its economy and allow one’s hard work and ability to determine one’s success and rewards, China transformed itself from being the “Sick Man of Asia” in the 1960s into the second largest world economy by 2011.

BN had instituted policies that stifles initiative, creativity, hard work, drive and productivity which benefited only the few BN cronies at the expense of entire country.

For instance, a 30% quota of publicly listed shares were reserved for Malays but only a few benefited as many ordinary Malays never received shares from the Federal government.

The state government regrets that there are now certain elements within Pakatan Rakyat Penang that is aligned with BN in opposing efforts to implement an open tender system and CAT governance.

We must remain steadfast as we are backed by results. The Penang state government has been able to turn a projected deficit of RM 35 million in 2008 budget to a record surplus of RM 88 million.

A projected deficit of RM 40 million in 2009 Budget has been turned around to record a surplus of RM 77 million. In fact the 2009 budget surplus would have been a record RM 92 million were it not for the payment of RM 14.7 million as a result of the Tang Hak Ju land scam of the previous administration.

Penang is proud to be the first state to hold public open tenders of government projects and procurement contracts and also conducting it through the internet(e-tender). By sticking to CAT principles, Penang is the first state or federal government in Malaysia to gain praise from Transparency International.

In politics, we want more friends than foes. But we are willing to lose friends and gain foes if we can change the mindset of the people by providing equal opportunity, be confident, self-reliant and attain international benchmarks.

Pakatan Rakyat Penang’s greatest legacy to Malaysia and greatest threat to BN’s stranglehold on power is to prove that the right policies can make Malays and Malaysians compete and succeed against the best.

(A Penangite who is now working in Singapore sent me this article from the Internet)

Wagah (Punjabi: ਵਾਘਾ, Hindi: वाघा, Urdu: واہگہ) is the only road border crossing between India and Pakistan, and lies on the Grand Trunk Road between the cities of Amritsar, India and Lahore, Pakistan. Wagah itself is a village through which the controversial Radcliffe Line was drawn. The village was divided by independence in 1947. Today, the eastern half of the village remains in India whilst the western half is in Pakistan.

The Wagah border often called the “Berlin wall of Asia”,^[1] is a ceremonial border on India–Pakistan Border, where each evening, there is a retreat ceremony called ‘lowering of the flags’.^[2] At that time there is a very energetic and thrilling parade by the Border Security Force (B.S.F), India and the Pakistan Rangers soldiers. It may appear slightly aggressive and even hostile to foreigners,^[3][4][5] Troops of each country put on quite an entertaining show in their uniforms with their colorful turbans.^[6] Border officials from the two countries sometimes walk over to the offices on the other side for day to day affairs. The happenings at this border post have been a barometer of the India-Pakistan relations over the years.^[3] (from Wiki)

A friend from India sent me this video link.  Thought it was quite interesting.  Also my in laws were lving in that region during the partition of India and Pakistan in 1947.

“Have Breakfast… or…Be Breakfast!”

Who is the biggest in music business in India ?

Who sells the largest number of cameras in India ?

By  Y. L. R. MOORTHI

Your guess is likely to be Sony, Canon or Nikon. Answer is none of the above. The winner is Nokia whose main line of business in India is not cameras but cell phones.

Reason being cameras bundled with cellphones are outselling stand alone cameras. Now, what prevents the cellphone from replacing the camera outright? Nothing at all. One can only hope the Sonys and Canons are taking note.

Try this. Who is the biggest in music business in India ? You think it is HMV Sa-Re-Ga-Ma? Sorry. The answer is Airtel. By selling caller tunes (that play for 30 seconds) Airtel makes more than what music companies make by selling music albums (that run for hours).

Incidentally Airtel is not in music business. It is the mobile service provider with the largest subscriber base in India . That sort of competitor is difficult to detect, even more difficult to beat (by the time you have identified him he has already gone past you). But if you imagine that Nokia and Bharti (Airtel’s parent) are breathing easy you can’t be farther from truth.

Nokia confessed that they all but missed the smartphone bus. They admit that Apple’s Iphone and Google’s Android can make life difficult in future. But you never thought Google was a mobile company, did you? If these illustrations mean anything, there is a bigger game unfolding. It is not so much about mobile or music or camera or emails?

The “Mahabharat” (the great Indian epic battle) is about “what is tomorrow’s personal digital device”? Will it be a souped up mobile or a palmtop with a telephone? All these are little wars that add up to that big battle. Hiding behind all these wars is a gem of a question – “who is my competitor?”

Once in a while, to intrigue my students I toss a question at them. It says “What Apple did to Sony, Sony did to Kodak, explain?” The smart ones get the answer almost immediately. Sony defined its market as audio (music from the walkman). They never expected an IT company like Apple to encroach into their audio domain. Come to think of it, is it really surprising? Apple as a computer maker has both audio and video capabilities. So what made Sony think he won’t compete on pure audio? “Elementary Watson”. So also Kodak defined its business as film cameras, Sony defines its businesses as “digital.”

In digital camera the two markets perfectly meshed. Kodak was torn between going digital and sacrificing money on camera film or staying with films and getting left behind in digital technology. Left undecided it lost in both. It had to. It did not ask the question “who is my competitor for tomorrow?” The same was true for IBM whose mainframe revenue prevented it from seeing the PC. The same was true of Bill Gates who declared “internet is a fad!” and then turned around to bundle the browser with windows to bury Netscape. The point is not who is today’s competitor. Today’s competitor is obvious. Tomorrow’s is not.

In 2008, who was the toughest competitor to British Airways in India ? Singapore airlines? Better still, Indian airlines? Maybe, but there are better answers. There are competitors that can hurt all these airlines and others not mentioned. The answer is videoconferencing and telepresence services of HP and Cisco. Travel dropped due to recession. Senior IT executives in India and abroad were compelled by their head quarters to use videoconferencing to shrink travel budget. So much so, that the mad scramble for American visas from Indian techies was nowhere in sight in 2008. ( India has a quota of something like 65,000 visas to the U.S. They were going a-begging. Blame it on recession!). So far so good. But to think that the airlines will be back in business post recession is something I would not bet on. In short term yes. In long term a resounding no. Remember, if there is one place where Newton ’s law of gravity is applicable besides physics it is in electronic hardware. Between 1977 and 1991 the prices of the now dead VCR (parent of Blue-Ray disc player) crashed to one-third of its original level in India . PC’s price dropped from hundreds of thousands of rupees to tens of thousands. If this trend repeats then telepresence prices will also crash. Imagine the fate of airlines then. As it is not many are making money. Then it will surely be RIP!

India has two passions. Films and cricket. The two markets were distinctly different. So were the icons. The cricket gods were Sachin and Sehwag. The filmi gods were the Khans (Aamir Khan, Shah Rukh Khan and the other Khans who followed suit). That was, when cricket was fundamentally test cricket or at best 50 over cricket. Then came IPL and the two markets collapsed into one. IPL brought cricket down to 20 overs. Suddenly an IPL match was reduced to the length of a 3 hour movie. Cricket became film’s competitor. On the eve of IPL matches movie halls ran empty. Desperate multiplex owners requisitioned the rights for screening IPL matches at movie halls to hang on to the audience. If IPL were to become the mainstay of cricket, as it is likely to be, films have to sequence their releases so as not clash with IPL matches. As far as the audience is concerned both are what in India are called 3 hour “tamasha” (entertainment) . Cricket season might push films out of the market.

Look at the products that vanished from India in the last 20 years. When did you last see a black and white movie? When did you last use a fountain pen? When did you last type on a typewriter? The answer for all the above is “I don’t remember!” For some time there was a mild substitute for the typewriter called electronic typewriter that had limited memory. Then came the computer and mowed them all. Today most technologically challenged guys like me use the computer as an upgraded typewriter. Typewriters per se are nowhere to be seen.

One last illustration. 20 years back what were Indians using to wake them up in the morning? The answer is “alarm clock.” The alarm clock was a monster made of mechanical springs. It had to be physically keyed every day to keep it running. It made so much noise by way of alarm, that it woke you up and the rest of the colony. Then came quartz clocks which were sleeker. They were much more gentle though still quaintly called “alarms.” What do we use today for waking up in the morning? Cellphone! An entire industry of clocks disappeared without warning thanks to cell phones. Big watch companies like Titan were the losers. You never know in which bush your competitor is hiding!

On a lighter vein, who are the competitors for authors? Joke spewing machines? (Steve Wozniak, the co-founder of Apple, himself a Pole, tagged a Polish joke telling machine to a telephone much to the mirth of Silicon Valley ). Or will the competition be story telling robots? Future is scary! The boss of an IT company once said something interesting about the animal called competition. He said “Have breakfast …or…. be breakfast”! That sums it up rather neatly.

— Dr. Y. L. R. Moorthi is a professor at the Indian Institute of Management Bangalore . He is an M.Tech from Indian Institute of Technology, Madras and a post graduate in management from IIM, Bangalore