TAKUT

blogtunm.blogspot.com Tun M 

1. Kami cuba dapat ramai orang untuk memberi pendapat berkenaan darurat. Ramai mereka yang berpendapat darurat tidak perlu. Mereka sebut beberapa sebab mereka berpendapat demikian.

2. Mereka jelaskan tetapi ternampak mereka dalam ketakutan. Mereka rendah suara sambil memandang sekeliling mereka. Dan mereka pun pesan jangan bagi tahu sesiapa berkenaan pendapat mereka.

3. Kata mereka, mereka takut kerana Kerajaan penuh kuasa dan boleh buat apa sahaja kepada mereka. Denda sebanyak 5 juta dan penjara 10 tahun. Tidak boleh dapat perlindungan undang-undang.

4. Saya cuba jelas Kerajaan tidak boleh buat begitu. Tetapi mereka tidak berasa senang.

5. Disuruh tandatangan surat rayuan supaya darurat ditarik balik – mereka tolak.

COVID-19

blogtunm.blogspot.com Tun M 

1. Baru-baru ini seorang dari keluarga saya dijangkiti COVID-19. Dia tidak dapat dimasuk hospital kerana tidak teruk. Sebaliknya ia diarah kuarantin di rumahnya.

2. Tetapi semasa di rumah keadaannya menjadi teruk sehingga tidak dapat bernafas. Maka dia pun dimasuk ke hospital.

3. Masalahnya semasa dia berada di rumah, penyakitnya dijangkit kepada ahli di rumah. Saya percaya ia tidak dapat dimasuk hospital awal kerana jumlah yang dijangkiti terlalu ramai. Tiap hari 4000 dikesan.

4. Namun demikian, jika pesakit berada di rumah, ahli keluarga akan dijangkiti. Maka lebih ramailah yang terjangkit. Sepatutnya mereka dimasuk ke dalam kuarantin berasingan dari keluarga.

5. Jika selepas sekian lama pesakit mungkin sembuh atau perlu dirawat dalam hospital. Setelah didapati tidak ada jangkitan maka bolehlah balik ke rumah.

6. Sudah tentu tempat kuarantin hendaklah sesuai. Dari gambar yang diperolehi katil-katil terlalu dekat dan apabila ada lawatan pembesar pesakit akan berkumpul. Ini akan menyebabkan jangkitan merebak.

7. Sesungguhnya ada banyak cara dan amalan yang boleh kurangkan jumlah jangkitan. Diharap doktor-doktor pakar dapat berbincang dengan pegawai Kerajaan.

8. Khidmat Ketua Pengarah Kesihatan amat dihargai. Tetapi wabak ini agak terlalu besar untuk ditangani oleh seorang sahaja.

REGISTRATION OF PEJUANG

blogtunm.blogspot.com Tun M 

1. Like all political parties Pejuang applied for registration with the Registrar of Societies (ROS).

2. To date Pejuang has not been registered. We had done everything required by ROS for its approval. We amended our constitution, wrote to ROS and met the Registrar.

3. In the end the Registrar informed us that our application meets all the conditions of its registration. But it has to be sent to the Minister of Home Affairs for his approval.

4. The law and rules for registration do not require the approval of the Minister. The Registrar of Societies is empowered to approve or reject the application. But when the Registrar informed us that the approval of the Minister was needed, we did not protest.

5. We waited for a reply. We waited and waited. But there was no reply from ROS or the minister.

6. We then went to the courts to get the court to ask the ROS for a reply. The evening before the court was to make a decision, ROS replied that our application was rejected. The reason given was that the online version of our constitution was not proper? But we had given the hard copy.

7. Now the Government has emergency powers. We wonder whether the pandemic stands in the way of our approval. Can it be that an approval of our party would worsen the pandemic. Or is the Government so busy with managing the COVID-19 that it has no time for anything else. Or is it the Government’s way of ensuring elections without opponents.

8. The Bersatu leaders in the Government must know that a day before the 14th General Election (GE) Bersatu’s registration was cancelled. The Prime Minister who at that time was the President of Bersatu was very angry. He thought it was unfair and a dirty trick for Najib’s Government to do that.

9. But now that he is the Government with emergency powers, he is doing the same thing that he condemned Najib for.

10. With the emergency in force the power of the Prime Minister is above challenge. There is no more democracy. So I suppose Pejuang cannot do anything to get the Registrar to register the party.

THE PROCLAMATION

blogtunm.blogspot.com Tun M 

1. I hesitate to comment on the Proclamation of a State of Emergency for fear that I am motivated by a desire to become Prime Minister again.

2. But now I find that doctors and lawyers are commenting adversely on the promulgation of a state of emergency due to COVID-19. Also, on the management of the pandemic. And so I feel I have a right to comment.

3. My view is that emergency powers are not necessary in dealing with the pandemic. The Government has ample power and Malaysians have obeyed whatever orders or directives issued by the Government in dealing with COVID-19. They raise no objection. We are not like liberal western countries where the people openly disobeyed Government directives claiming that their rights and freedoms have been ignored.

4. But the Proclamation of a State of Emergency removes the last vestige of democratic rights of the people. It is worthwhile to note: –

i. This Government is not the Government they elected. It is a back door Government.

ii. This Government has now lost its majority and therefore the right to rule.

iii. Through the proclamation this minority Government has now gained absolute power to rule.

5. This is enunciated in article 11 of the Emergency (Essential Powers) Ordinance 2021 which reads:-

“For so long as the emergency is in force –

a) the Prime Minister and the Cabinet existing immediately prior to the issuance of the Proclamation of Emergency on 11 January 2021 who have been conferred the executive functions shall continue to exercise the executive authority of the Federation and such other persons who have been conferred the executive functions by law shall continue to exercise such functions;

Additionally in para (4) of 12;

For the avoidance of doubt, for so long as the emergency is in force, Clause (3) of Article 55 of the Federal Constitution shall have effect as if the words “for five years from the date of its first meeting and shall then stand dissolved” have been deleted.

Parliament sitting

14. (1) For so long as the emergency is in force –

(a) the provisions relating to the summoning, proroguing and dissolution of Parliament in the Federal Constitution shall not have effect; and

(2) Any Meeting of the Parliament which has been summoned before the coming into operation of this Ordinance but has not been held is cancelled.

6. Clearly with the Proclamation of a State of Emergency the Parliament elected by the people has lost its role in the governance of this country. The Prime Minister now has full authority to rule the country on his own.

7. The excuse for this seizure of power is said to be the massive increase in the COVID-19 pandemic.

8. What is there that the Prime Minister with his absolute power can do to solve this health crisis? One has to remember that its was his decision to seize power in Sabah that was followed with the four digit increase in the number of new cases. Before that the new cases had dwindled to single digit.

9. The best brains in the world are finding it difficult to stem the numbers of new cases. Can the Prime Minister with his power to jail people for up to 10 years and impose a fine of five million Ringgit reduce the number of cases.

10. We appreciate the work of the Director – General of Health for his management of the pandemic. But now the numbers are very big.

11. The problems are not the same. The frontline workers who dealt with the first phase have now to deal with thousands more cases daily. Still the COVID-19 numbers are increasing. Positive cases cannot be admitted, increasing their exposure to members of their families and others.

12. The workers, foreign and local, are posing massive problems as they stay in crowded rooms and cannot maintain social spacing when working.

13. Total lockdown cannot be imposed as the economy would be affected and poor people cannot earn money to buy food even.

14. The problem caused by the pandemic are very many and do not lead to easy solutions. Can the enhanced power of the Prime Minister tackle these problems?

15. What kind of advise can he give to the King that will reduce the numbers of those getting infected, those having to be hospitalised, those who will die.

16. But the declaration of emergency has given the Government tremendous powers.

17. Everything that is done is in the name of the Yang di-Pertuan Agong. They cannot be questioned. Nor can they be brought before Parliament as all sittings have been cancelled.

18. Effectively the rule of law has been abolished. We are assured that the intention is good. But when absolute authority is given, breaches and abuses will happen.

19. Whither Malaysia.

RULE OF LAW 3

blogtunm.blogspot.com Tun M 

1. I had previously pointed out that in Malaysia no one should act above the law, no matter how exalted is his or her position.

2. But it seems that the law at times allows itself to be used at the behest of those in positions of authority.

3. Those in charge of maintaining the law find themselves forced to abuse or misuse their authority by those in higher positions than themselves.

4. There is growing evidence, as reported in the media of abuses happening.

5. This is depressing. Malaysians should feel safe and protected by the law and not find themselves at the mercy of those in authority or in exalted positions.

6. Disrespect and abuse of the law will lead to anarchy with growing sentiment against the oppressors among the oppressed.

7. And those in exalted positions, repeated abusive behaviour will render themselves inconsequential to the lesser beings.

THE RULE OF LAW 2

blogtunm.blogspot.com Tun M 

1. In America a black man was throttled to death by a policeman kneeling with his knee on the neck of the unfortunate man.

2. Another black man in America was shot to death by the police for no reason.

3. In France a black man was dragged and beaten by the police.

4. In India long lathis were used by the police to beat people who did not immediately obey their orders.

5. But not here in Malaysia. We don’t see this kind of incidents. But there are rumours of people being detained for no reason.

6. There is the case of Shafie Apdal of Sabah and several of his friends. They were arrested, detained for eight days, had to wear the orange shirt and thrown into cells with no bed. So far, no charges have been made against them.

7. Then there is a rumour that a man had his office raided, his files confiscated. He was detained and thrown into a cell for five days. Why he was arrested is not known.

8. Another rumour is of a man who was remanded for more than two years without being charged for anything. It would seem that some powerful person ordered his detention.

9. Another lady was similarly detained in a dark cell, also without clear charges being preferred against her. Her sequestration was ordered by powerful people. It seems that powerful people are above the law.

10. There are other rumours of people just disappearing.

11. This is Malaysia where we believe in the rule of law. These rumours seen to be contrary to the rule of law if they are true. These are frightening stories. I hope they are not true. I have no evidence to prove they are true. But the rumours keep circulating.

12. They tell me not to say anything. It can hurt me. But this is not America. This is Malaysia. The Government must not allow these things to happen.

13. No one should act above the law, no matter how exalted is his or her position. Malaysians should feel safe, should believe the law is there to protect them.

14. We have seen other abuses of the law by the authorities. It is time they stop.

15. Happy New Year.