Hornbill Unleashed

October 31, 2012

People of Malaysia vs Dr Mahathir Mohamad

Navin-Chandra Naidu

Suing Dr Mahathir Mohamad is impossible, unthinkable, undesirable, unwise, or difficult? I pose this riddle because I know I do not know the answer to it.

I have been advocating this for quite some time, but I don’t seem to get anywhere. Maybe our esteemed Malaysiakini subscribers will put on their usual thinking caps and help me understand this “problem” so that, maybe, we can get to get this man sued in a court of justice (not a court of law).

There is a great difference between a court of law and a court of justice. Justice is a blind bat. Justice OW Holmes of the US Supreme Court once chastised a lawyer, and told him sternly that he, the lawyer, was in a court of law, and not a court of justice.

NONEYou see, Justice Holmes was not given to philosophy of the law although he wallowed in it. He was a practical man who knew that the law is “how one could predict how a court would decide.” Lofty legal principles in many courts in many countries have been abandoned in the rash search for a political solution. The litigant does not count.

In the Malaysian context, when you walk into a court of law, it is a throw of the dice, especially after August 1988. If the judge is learned in the law, and not given to apple-polishing his or her political masters, the litigant has a shot at real justice. There will be equal justice under the law.

The litigant is no better off when he gets a judge concerned about his or her pension. This is not peculiar in Malaysia only. We have a bunch of loonies assigned to the Bench here in the United States, too. One judge was so obsessed he used a penis pump under his robes when a physically attractive female prosecutor showed up in his court.

Will judges rise to the occasion?

Suing Mahathir will require several thousand Malaysians gathering together a team of pro bono publicus lawyers – lawyers willing to work for free, yours truly included, of course – to unleash a shattering legal tsunami against the former prime minister for corrupt practices, wasting public funds with his warped sense of largesse and bigness, and perversion of justice through his unique cabalistic methods that resulted in the ruination of the country’s prospects for equal opportunities for all Malaysians which is still reverberating as a persistent and nagging reminder in the Federal Constitution (FC) as Article 8.

The man has done more damage than anyone else in Malaysia.

The first and foremost criterion to take into account is whether our Malaysian judges, using Article 162(6) of FC, would care to dare to bare the truth of the citizens’ allegations against a former prime minister, and serve as judicial referees and umpires to a genuine trial that would make truth take centre stage instead of just proof and evidence that our police and the Attorney-General’s Chambers are so proud and adept at manufacturing, fabricating, altering, covering up, and delivering as factual reality.

Malaysian judges must take up the slack and deliver judgments that can withstand the after effects of an appeal. After all, the dreadful and dreaded Adorna Properties ruling and decision got overruled by Tan Ying Hong v Tan Sian San, which restored deferred indefeasibility of title and offered Section 340 of the National Land Code 1965 a new shine and polish.

Our appellate judges ought to hold up the scales of justice and not be caught cheating with misapplied thumb pressure upon these scales without checking, rechecking and cross-checking all the facts that were submitted by the lawyers. I wonder if our Malaysian judges conduct any independent investigations like our European counterparts on the Bench.

After all, one cannot simply take any lawyer’s submissions for the truth, because lawyers are not the only ones entitled to lie in court.

AG the stumbling block

Such a case involving a Muslim prime minister could be initiated in a Syariah Court that would leave the attorney-general (AG) powerless under Article 145(3) FC. But that is exactly what is sorely desired. Malaysians do not relish the idea of the AG agonising on whether or not to proffer charges against his boss.

The AG is a stumbling block. Someday, he ought to be impeached being a federal judge and all. But that may already be happening. The burning question is whether the Syariah Court will be willing to adjudicate The People of Malaysia v Dr Mahathir Mohamad bin Iskandar. It ought to, especially if the defendant is a Muslim, as is the case.

At the same time, the native courts ought to file another motion against Mahathir for grabbing their lands during his 22-year watch.

The Orang Asli’s motion would be rock solid given the fact that the United Nations Indigenous Peoples Forum’s representatives will have to attend these lawsuits as umpires and referees to make sure no plaintiff is forced to flee the lawsuit by the local thuggery enclaves admirably and efficiently run by the Royal Malaysian Police (PDRM).

The Aboriginal Peoples Act of 1954 together with Article 8(5)(c) of the Federal Constitution would be a powerful combination against Mahathir in all 18 Orang Asli Native Courts as all 18 Orang Asli tribes will be suing the same man in 18 different Native Courts.

While the syariah and native courts effort is under way, lawsuits ought to be filed in the High Court in Kuala Lumpur, Kota Kinabalu and Kuching, at the same time by the natives of Sabah and Sarawak. An all-out concerted effort to bring this man down ought to be the most pleasurable thing any Malaysian can think or dream about.

NONEI wallow in the fun I may have as a lawyer see true blue justice done to an arrogant man who thinks he is beyond and above the law. Mahathir probably thinks he still wields untold power and pleasure in Malaysia. He may still enjoy a lot of power given the fact that the Ling Liong Sik-Port Klang Free Zone (PKFZ) case fizzled away like a flash in a pan without much fanfare.

Curtain time for Dr M

The task at hand is formidable amassing all the facts, details, data, particulars, proof and evidence to succeed in bringing this puppeteer down.

Subpoena everyone that was associated or affiliated with the man. You can forget about a criminal case being mounted. I am talking about a civil suit for unjust enrichment, violating the public trust, defaming the public thinking we are a bunch of fools, and a host of suitable causes of action, which I am sure we Malaysians will have absolutely no difficulty in marshalling together as a must-do and can-do fun exercise.

Royal commission of inquiries (RCIs) are a waste of time. Waiting for election results is another doleful exercise in patience with a crooked Election Commission to contend with. Writing books, articles, essays, ceramahs, and public debates aside, suing Mahathir is where the rubber meets the road. It’s time for action.

Talking about making Mahathir liable is what it will take, and I hope and pray we Malaysians can rally together and bring this suit against Mahathir to fruition. Powerful people in historical annals could not just get away with it. They had to pay. Some with their lives, some with long prison terms.

I believe a well-informed citizenry, like Malaysians today, can make the difference. The leaders of any country cannot get zilch done without the workers putting their effort together. Mahatma Gandhi shut out and shut down the British Empire with the simple “bandh” effort. “Shut it down,” he instructed, and every worker, soldier, cook, errand boy, gardener, cleaner, polisher, driver, dhobi, every other menial worker simply shut it down.

So, my fellow Malaysians, expose the man. Let’s shut down Mahathir. Let’s shut him up in prison. Let’s shut down his last show. It’s curtain time.

JUDGE NAVIN-CHANDRA NAIDU is a lawyer based in Utah, United States.







    Comment by Enligthened Think Rich Coach — January 10, 2013 @ 5:04 PM | Reply

  2. It is not the people in power don’t love the poor, they love themselves more. All Sarawakians are natives, regardless of race and entitled to three acres of land each. The Opposition failed to fight for this right. What has the YB to say? The Opposition has no guts to fight on this important issue. So what do we expect from the those in power? They what they think are right.

    Comment by Fabian wong — December 2, 2012 @ 3:53 PM | Reply

  3. After 10 years Dr Mamak still crying same thing about the failure of UMNO Putra disguised as Hak Melayu this and that lah

    Mahathir criticises Malay community
    BBC, 16th June 2002

    The Prime Minister of Malaysia, Mahathir Mohamad, has launched a strong attack on the majority Malay community, saying it had failed to make real progress despite being given special privileges for more than 30 years.

    In a newspaper interview ahead of a five-day meeting of his party the United Malays National Organisation or Umno, Dr Mahathir criticised Malays for being too complacent and unwilling to work hard.

    He said that after more than 20 years in office he had failed to change what he called this culture of extravagance.

    Malays make up more than half of the 23 million population but receive special privileges because the Chinese minority is seen as having disproportionate wealth.

    Mahathir warns Malays to brace for end to privileges
    Kyodo News International, 20th June 2002

    Prime Minister Mahathir Mohamad on Thursday defended his country’s affirmative action policy but warned ethnic Malays that their rights and privileges are ”far from being safe.”

    ”The Malays are clearly far from being safe. Do not think that the power of the Malays in the political arena is permanent, that it will guarantee the safety of the Malays forever,” the 76-year-old premier said in a two-hour speech to open the United Malays National Organization (UMNO) annual assembly.

    If the special status of the Malays, or ”bumiputeras” as they are also known, is challenged today, he said, Malays will not be able to survive.

    ”They are not prepared to face any competition at all. They are so afraid of the other communities. Without the experience of competing with others, if the protection is suddenly withdrawn, they will not be able to survive,” Mahathir, also UMNO president, said.

    As head of the party that deems itself the custodian of Malay culture, Mahathir put his newly gained political fortune on the line recently when he dared to pry open the three-decade-old New Economic Policy (NEP) to provide more opportunities for non-Malays, although only in education.

    The NEP, Malaysia’s affirmative action policy, guarantees Malays 30% corporate equity, easy credit, contracts and projects from the government and places in public universities.

    The policy, which came about following the 1969 clashes between the poorer, rural Malays and the economically more dominant ethnic Chinese, is now called the National Vision Policy.

    Recently Mahathir stirred up a controversy by changing the race-based quota system for university entrance to a merit-based one. Then he ordered 10% of places to be allocated to non-Malays in government-run colleges and that English, instead of the national language, Malay, be used to teach science and mathematics.

    Malay nationalists are up in arms crying treachery. But Mahathir is adamant, saying the NEP has made Malays ”lazy” and prone to rely on ”the easy way and the quick way.”

    ”Because of that, when licenses are given, they sell the licenses…No work is done other than to be close to people with influence and authority in order to get something because they are Malays,” he told the 2,000 delegates attending the three-day assembly.

    ”Truly I am ashamed to expose all these, especially in front of the other people, in front of the whole nation and the world. But they all already know all these. I am not exposing anything that they don’t know,” he said.

    Mahathir expressed his disappointment that after 21 years at the helm of the country he has failed to change the Malay mindset.

    ”Mostly I feel disappointed, disappointed because I achieved too little result from my principal task — the task of making my race a successful race, a race that is respected, a race that is honorable, a race that is highly regarded. I beg your pardon because I have failed,” he said.

    But despite his criticism of Malays and their over-dependence on government assistance, Mahathir defended the benefits of the NEP although he said it has slowed down national development.

    ”What slowed down the national development was because the government had to try and try again to balance the economy of the Malays against that of the non-Malays at all levels and in all fields,” he said.

    But the NEP, he said, has succeeded in closing the gap between the Malays and non-Malays.

    Those who condemned the NEP, he said, have ignored the fact that government scholarships and opportunities have allowed thousands of Malay children to enter universities.

    The government has also provided 3 billion ringgit as capital for the National Equity Corp. to initiate unit trusts which succeeded in making 7.28 million Malays shareholders in big corporations with investments totaling 34.89 billion ringgit.

    The shares allocated to the NEC were the result of the restructuring of new companies that are required by the NEP to provide 30% of their equity for bumiputera.

    ”In truth, without the NEP, the unit trusts and the governmental institutions which were managed on behalf of the Malays, today the NEP would achieve only 2% of the target,” Mahathir said.


    GLCs were part of Malay equity, says Dr M
    By Lee Wei Lian, The Malaysian Insider, October 24, 2012

    KUALA LUMPUR, Oct 24 — The country’s government-linked companies (GLCs) were once considered part of bumiputera equity, said Tun Dr Mahathir Mohamad today, which could mean that bumiputera corporate holdings might have exceeded the original 30 per cent target in the past.

    The former prime minister said that GLCs and state investment arm Khazanah Nasional were established to hold equity in trust while Malays strengthened themselves economically and that the equity was meant to be later distributed to the Malays.

    He said that GLCs were established in trust for Malays but have since deviated from their original purpose.

    “GLCs are holdings in trust and were considered part of bumiputera equity,” said Mahathir (picture) at a press conference today after closing the Malay Economic Congress here. “Now the holdings belong to the companies concerned and they cannot be regarded as bumiputera holdings.”

    The definition of whether GLCs are considered part of Malay equity could have implications on affirmative action programmes for Malays as many Umno leaders maintain that Malay equity stands at only about 20 per cent today, which is below the target of 30 per cent set in the New Economic Policy (NEP).

    If GLCs, which comprise a large chunk of the economy and also make up a significant number of the benchmark FBM KLCI index components, were at one time considered to be Malay equity, it is possible that the 30 per cent target was exceeded in the past.

    State oil company Petronas is also Malaysia’s sole representative in the Fortune 500 list of the world’s largest companies.

    Some observers have argued that GLCs appeared very much to be Malay companies due to their management and employee makeup as well as their activities and should be counted as Malay corporate holdings.

    The government has said that GLCs cannot be considered bumiputera equity as they are controlled by the government.

    The Malay Economic Congress also passed a resolution today criticising GLCs, and in particular Petronas, Khazanah and PNB, saying that they should have a stronger Malay agenda.


    Malay congress proposes direct negotiation for Malays for projects below RM100m
    By Lee Wei Lian, The Malaysian Insider, October 24, 2012

    Former PM Tun Dr Mahathir Mohamad gives his closing address at the Malay Economic Congress today. — Picture by Choo Choy May

    KUALA LUMPUR, Oct 24 — The Malay Economic Congress passed a resolution today proposing that government tenders worth less than RM100 million be directly negotiated with Malay companies.
    The congress also called for GLCs to have a strong Malay agenda and that they be monitored with key performance indicators (KPIs).

    “The new economic policy has not achieved its objectives,” said Datuk Syed Ali Alattas, president of the Malay Chambers of Commerce Malaysia (DPMM).

    “The gap between Malays who are the majority race and heritage of this country and other races is growing and increasingly worrying.”

    He also said that government agencies have “lost their spirit” to help Malay entrepreneurs.

    Other resolutions include a stand against corruption, cronyism and abuse of power and a call for the revamp of Teraju, a bumiputera economic development agency.

    The congress said that “weak leadership” in Teraju was the main reason for the failure of several Malay agenda initiatives.

    These include failures to allocate economic opportunities to Malay entrepreneurs, the failure to allocate funds for business viability studies and lack of clear direction and communication.

    The congress said that the head of Teraju needed to be changed to someone who had high aspirations for Malays and ministerial powers.

    The congress also wanted special courses for government staff and politicians to educate them on the Malay agenda.

    It also called for priority for local companies and bumiputeras in government tenders.

    Another resolution proposed the establishment of an audit firm run by Malays to audit GLCs and government agencies.


    Malays ignored, are ‘beggars’ in own country, says Dr M
    By Lee Wei Lian, The Malaysian Insider, October 24, 2012

    Oct 24 — Malays are now beggars in their own country and need to support Umno despite all its flaws or their pleas will be ignored, said Tun Dr Mahathir Mohamad today.

    “We are beggars in our own country and need help from others to get even a little bit,” said Dr Mahathir at the Malay Economic Congress today.

    He said that the position of Malays has deteriorated due to their split in political support and they needed to unite behind Umno despite all its flaws in order to became the kingmakers and gain attention from the country’s leadership.

    “Even though they are defective (cacat), if they win because of our support and our unity, our memorandums will be effective as their dependence will be on us,” he said. “Now if they read the memo, they will say no. If we become kingmakers, they will heed us.”

    He also said that the Malay economy depends on politics.

    “Strengthening our politics is our way to achieve economic success,” he said.

    “I am not confident resolutions from this congress will get heeded as they (Umno) are not powerful,” he said. “We need to give them power so we get respect.”

    Mahathir also said that as Malays have become weaker, the other races were “denying” the Malays their rights.

    He said, however, that he was not a racist.

    “I just want to divide the country’s wealth in a way that is fair,” he said. “We are 60 per cent of the population. We are just asking 30 per cent. Take the rest.”

    Toward the end of his speech, however, Mahathir changed tack and told Malays to look within themselves for solutions to their problems.

    He said that he also felt proud that there were now many Malay millionaires and billionaires, some of whom were able to compete outside the country without government help.

    “We have to ask ourselves, did we fail because others obstructed us? That the government did not support us? Or that we didn’t make use of our chances?” he said.


    Greedy, corrupt leadership caused Malay agenda to fail, says Malay chamber
    By Lee Wei Lian, The Malaysian Insider, October 23, 2012

    Syed Ali said leaders need to have a ‘clean heart’ to develop the Malay community. — File pic

    KUALA LUMPUR, Oct 23 — The Malay economic agenda failed to achieve its objectives due to corruption and greed, Malay Chamber of Commerce Malaysia (DPMM) president Datuk Syed Ali Alattas said today.
    He said dozens of government agencies had been set up and billions of ringgit had been used to help develop the Malay economy but the Malay community was at the “lowest level of achievement.”

    “What’s gone wrong? That’s what is being asked,” Syed Ali said at the Malay Economic Congress here.

    “There is a lot of carelessness and not enough responsibility among leaders which caused Malays to fall behind,” he said. “Corruption and greed caused the Malay agenda to fail.”

    Syed Ali said leaders needed to have a “clean heart.”

    He said the Malays are now at a “crossroads” and have put their hope in the community’s leaders.

    “The fate of the Malays today and the future generations will depend on the current leadership,” said Syed Ali.

    He claimed that the Malays have less than 10 per cent control of the economy in terms of equity, businesses and shops.

    “I am brave enough to say that there is not one shop in the centre of Johor Baru that is owned by a Malay,” he said.

    The commerce chamber chief also said that programmes such as an UDA (Urban Development Authority) scheme that allocated 1,500 acres a few kilometres from Johor Baru specifically for Malays to do business should continue.

    Efforts to lift the community economically have been surrounded by much controversy due to programmes that have been implemented such as race-based quotas for contracts, licences and employment.

    The Najib administration has embarked on reforms to make ethnic-based affirmative action more merit based by supposedly helping only deserving Malays.

    Critics of the race-based policies say that it is too open to abuse and has benefited mainly the Malay elites.

    ‘Affirmative actions, policies only for elite’
    by Joseph Tawie, Free Malaysia Today, October 24, 2012

    KUCHING: Sarawak opposition is hoping that Malay Chamber of Commerce Malaysia president Syed Ali Alatas’ comment at the recent Malay Economic Congress in Kuala Lumpur will open the eyes of the rural Malay communities to the political myth that “only” Barisan Nasional can help the community.

    Syed Ali yesterday blamed the failure of the objectives of the BN-initiated Malay agenda on corruption and greed.

    He pointed out that dozens of government agencies had been set up and billions of ringgit spent to help develop the Malay economy, but the Malay community was still at the “lowest level of achievement”.

    “What went wrong?” asked Syed Ali, adding that “there is a lot of carelessness and not enough responsibility among leaders which caused Malays to fall behind”.

    Commenting on Syed Ali’s statement, Sarawak PKR vice-chairman See Chee How said: “With Syed Ali’s statement, I hope that the rural Malay communities will fathom and see through the political myths that only the BN will be able to help their community.

    “It is only true that, after 50 years of independence, only a handful of the political elite families benefited from the economic fruits and socio-political advancements.

    “And they get richer and more influential by abusing the allocations for affirmative actions and policies for their own gains.”

    See, who is Batu Lintang assemblyman, added that he had just returned from visiting Beladin, Meludam and nearby villages in the Batang Lupar parliamentary constituency.

    “The people there are fishermen and they are asking for lands to plant vegetables, crops and fruit trees. Previously the British government gave these fishermen land near their kampung to do some farming.

    “These were not renewed and were initially given to the sister-in-law of a former assistant minister and leader of Parti Pesaka Bumiputera Bersatu (PBB) Bolhassan Di.

    “But the whole area is now owned by Tabung Haji… the government does not care for the poor,” said See, adding that plots of land have been given to those who have political links, siblings and cronies.

    ‘Billions did not reach the poor’

    He pointed out that while Syed Ali had only focused on the Malays, there were also a substantial number of poor Ibans, Bidayuhs, Kadazans, Dusuns, Indians and Chinese families in the country.

    “But what Syed Ali has revealed is that substantial sums [of money] for the implementation of affirmative actions and policies are lost in corruption and dissipation of the country’s leadership.

    “The billions of ringgit simply did not reach the needy and the poor.

    “In Sarawak, we need only to visit the longhouses and kampung in the coastal and interior areas to understand how neglected our rural poor and the needy folk are.

    “It is an escalating predicament and not limited to Malays,” he said.

    A Malay Chamber of Commerce president’s scathing comment that the Umno-driven Malay agenda had failed the community is leverage for the opposition.

    Comment by Teddy Gumbang — October 31, 2012 @ 4:38 PM | Reply

  4. The devil is not fit to stand trial … just send him to hell.

    Comment by tigeryk — October 31, 2012 @ 1:15 PM | Reply

  5. Yes we can !!!! Malaysian masses need the passion of Mahmat Ghandi and Martin Luther King – add more names – to overcome oppressive government because nothing is impossible when the people say, ” Enough is enough – we WANT CHANGE “!!!

    Comment by teres6842550 — October 31, 2012 @ 12:52 PM | Reply

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