Thursday 27 January 2011

Rosmah Mansor Moves Into Her Own "PM" Office in Putrajaya

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"FLOM"= First Lady of Malaysia

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Read here for more

Putrajaya:

A new unit in the Prime Minister’s Department has set tongues wagging.

The unit known as FLOM, an acronym for First Lady of Malaysia, is a full-fledged department that looks into the operational needs of the Prime Minister’s wife, Rosmah Mansor.


Ensconed within the premises of the PM’s Office, FLOM has a six-member staff headed by special officer Siti Azizah Sheikh Abod.

The rest of the unit comprises two personal assistants Saleha Mohd Rabani and Siti Zaiton Abdul Ghani and three assistant officers with special functions – G Vimala, Rizal Mansor and Nurul Rosemiemmy Kahsimi.

What these personnel actually do is anyone’s guess and FLOM’s mission and vision remain a mystery. The Prime Minister’s Office (PMO) official website too is not helpful.

Suffice to say that FLOM was probably involved in the highly publicised and controversial Islamic Fashion Week, the recent RM4.5 million three-day First Ladies Summit and, not to mention, the additional “official activities” and visits to New York, Europe and the Middle East.

Curious bloggers hot on the Rosmah trail have been spewing venom at her audacity to establish her own unit within the Prime Minister’s Department.

(FLOM shares the SAME stature in the PMO as that of five other units, namely private secretary, political secretary, Office of the Prime Minister’s adviser, Office of the Prime Minister’s economic adviser and Management Office of Sri Perdana.)

“Already she’s taking away hundreds of millions of ringgit from the taxpayers’ money to channel into her Permata (early childhood education) and other project. When the PM was sick, she ignored Muhyiddin (Yassin) and stood in for PM… Now she has moved into the Prime Minister’s Office… what will she do next, ” ranted one blogger.

Another blog posting demanded to know the operational cost of running a six-member department and who was paying for it.

“What is she trying to do… run the country? The role of the wife of a PM is to complement him in relation to the social aspects. Rosmah should play the role of mother to the people of Malaysia, instead of wasting taxpayers’ money to establish a division,” noted the posting.

Yet another posting noted: “Rosmah fancies herself as Michelle Obama (US President Barrack Obama’s wife)… with access to the Oval office.”

Fascinated by the online brouhaha over Rosmah’s latest stunt, FMT made a short call to the PMO only to be told that the “entire” FLOM team was not back from Oman but declined to give furher details.

Meanwhile, a report in The Star last week noted that Rosmah’s “OFFICIAL visit to Oman will further strengthen relations between Malaysia and the sultanate”.

Opposition parties here have not been without their views. PKR has reportedly demanded that Prime Minister Najib Tun Razak explain FLOM’s legality.

Said PKR women’s chief Zuraida Kamaruddin: “Najib should explain this division, and the establishment of this unit without going through the legal convention such as Parliament. Rosmah should not have an office in PMO.”

Sunday 23 January 2011

UPDATED! Ex-Judge Says Selangor Royal Palace Misled Malaysians on Constitutionality of the State Secretary's Appointment

Read here for more on Loyar Burok website

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Quote

"... Article 97(1) of the Selangor State Constitution confirms that there is in the State of Selangor, a State Service Commission which has jurisdiction over ALL members of the public services of the State. So that "the appropriate Service Commission" in Article 52(1) is the "STATE Service Commission" referred to in Article 97(1).

The SELANGOR State Secretary can ONLY be appointed by the State Service Commission of Selangor

The office of State Secretary cannot be appointed by anyone else.

The FEDERAL Public Services Commission is NOT authorised by the Selangor Constitution to appoint the State Secretary of the State.

The Public Services Commission is a commission of the FEDERAL Government and its powers do NOT extend to cover State Governments like Selangor.

How can the Palace say that the appointment of Khusrin as the State Secretary of Selangor was in accordance with the Constitution of Selangor and conventions of the State?

Since the Selangor State Service Commission had not made any request for a Federal officer to be seconded to the State for the post of State Secretary and the State Government has yet to appoint someone to be its State Secretary, the appointment of Khusrin is clearly UNCONSTITUTIONAL.

Therefore, Khusrin is NOT the State Secretary because he has not been appointed by the Selangor State Service Commission as required by Article 52(1) of the Selangor Constitution.

Conventions or past practices as claimed by the Sultan of Selangor CANNOT override express and specific provisions of the Selangor Constitution such as Articles 52(1) and 97(1).

Any such claim by the Palace is nothing more than a red herring to mislead and confuse what is largely an uninitiated public...."

-N.H. Chan


Palace’s Codswallop, Sycophants Currying Favour

Read here for more on Loyar Burok website

by

NH Chan
(NH Chan is a former Court of Appeal Judge. He wrote "Judging The Judges", now in its 2nd edition as "How To Judge The Judges". )

On 7 January 2011, Star reported this at page 2 regarding the appointment of the purported Selangor State Secretary:
"I am saddened and regret that many of my statements have been manipulated by irresponsible quarters which had caused confusion among the people," said Sultan Sharafuddin.

The Sultan congratulated Mohd Khusrin on his appointment.

"I would like to stress that the appointment is in accordance with the regulations and procedures of the Selangor and Federal constitutions".
But the real truth is that the supposed appointment of Mohd Khusrin as the State Secretary of Selangor is not "in accordance with the regulations and procedures of the Selangor and Federal constitutions" as claimed by the Sultan.

What was said by the Palace that the appointment of Khusrin was in accordance with the Constitution and conventions of the State is unbelievable

The Selangor State Constitution

Articles 52 and 97 of the Selangor Constitution states:

52(1): There shall be constituted the offices of the State Secretary … and the appointments thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.
It is as clear as daylight that the appointment of the State Secretary "shall be made by the appropriate Service Commission" from members of any of the relevant public services.

What is meant by the term "appropriate Service Commission"?

For that we have to look at Article 97 of the Selangor Constitution which says:
97(1): There shall be established a State Service Commission whose jurisdiction shall … extend to all persons who are members of the public service of the State.
Article 97(1) confirms that there is in the State of Selangor a State Service Commission which has jurisdiction over all members of the public services of the State.

So that "the appropriate Service Commission" in Article 52(1) is the "State Service Commission" referred to in Article 97(1).

Therefore, by virtue of these two provisions of the Selangor Constitution, the State Secretary of SELANGOR is to be appointed by the State Service Commission of Selangor.

The FEDERAL Public Services Commission is not the appointing body for the post of the Selangor State Secretary.

Selangor Royal Palace's Cock and Bull

How can the Palace say that the appointment of Khusrin as the State Secretary of Selangor was in accordance with the Constitution of Selangor and conventions of the State?

What about Articles 52(1) and 97(1) of the Selangor Constitution then?

How can they fly in the face of these two articles of the Selangor Constitution? Without supporting it with any real facts this is just another cock and bull story.

Perhaps they are mistaking the word "secondment" with "appointment".

The verb "second" means to transfer (an employee) temporarily to another branch, or move a worker to another position or role. The noun is "secondment". But there is NO provision in the Selangor Constitution for such an eventuality.

The Selangor State Secretary can only be appointed by the State Service Commission of Selangor: see Articles 52(1) and 97(1).

The office of State Secretary CANNOT be appointed by anyone else.

The FEDERAL Public Services Commission is NOT authorised by the Selangor Constitution to appoint the State Secretary of the State.

On the other hand, the Public Services Commission is a commission of the FEDERAL Government and its powers do NOT extend to cover State Governments like Selangor.

However, Article 134 of the Federal Constitution allows the Federal Government to second its civil servants to any State IF there is a request for a secondment by a State Government.

Since the Selangor State Service Commission had not made any request for a Federal officer to be seconded to the State for the post of State Secretary and the State Government has yet to appoint someone to be its State Secretary, the appointment of Khusrin is clearly UNCONSTITUTIONAL.

Khusrin is NOT the State Secretary by Selangor State Constitution


Therefore, Khusrin is not the State Secretary because he has not been appointed by the Selangor State Service Commission as required by Article 52(1) of the Selangor Constitution.

Conventions or past practices as claimed by the Sultan of Selangor CANNOT override express and specific provisions of the Selangor Constitution such as Articles 52(1) and 97(1).

Any such claim by the PALACE is nothing more than a red herring
to mislead and confuse what is largely an uninitiated public.


RELATED ARTICLE

The Sultans: No More Relevant?

by

"Steadyaku47"

Read here for more

Does anyone in politics, whether in the government or in the opposition, have the backbone to say that our country needs the Sultans like we would need a hole in our head?

Or is this a side issue only for the Malays to decide? I say “NO.”

If the money to upkeep them comes from everybody pockets then EVERYBODY has a say!

There have been many discussions about the relevance of Ketuanan Melayu in the times that we now live in….…should there not be a corresponding discussions on the relevance of the Sultans…or do I have to start it?

Of course there is political cowardice on this issue because anybody prepared to go there will lose votes most probably from some Malays and Chinese Latuks too – who will vote to keep the Sultans around for a few more years simply because they like bowing and kissing the hands of other human beings to acknowledge that these human beings are superior then them.

The questions I would like to ask them are this:
How are THEY a better human being then us?
Can somebody tell me WHY WE should keep these “almost rich”, idle and unelected individuals in their Palaces and riding around in Rolls Royce’s that we pay for?

As I see it they have the same value as a Paris Hilton.

They give the media good copy by their sexual high jinks and “entertain” us by the bad behaviour of the Sultans and their families. At least with Paris Hilton she is good to look at….what redeeming features have these Sultans have?

They are a sorry excuse as symbols of Malay supremacy no longer play a role in conflict resolution or conflict prevention.


Hell for most of the time THEY are the reasons for the conflicts.

I can see few hands being raised in disagreement with me!

I am being told that the Sultan of Perak had a role in taking back Perak from the DAP (good for the Malays!)

The Sultan of Selangor, when he is not too busy making money or socializing with u-know-who does his bit to keep PKR on their toes in Selangor.Good for UMNO.

There was a game of musical chairs in the state of Kelantan recently which saw a son disposing off his father “for the good of the state” – no mention of the good it did to him by appointing himself Sultan – always it is for the people and the State.

The Pahang Sultan is great at public relations for himself but is really a pain the arse – for the state and federal government. If he not asking for more timber concessions and other business goodies he is off sowing his wild oats wherever he can. A Timber concessions here and a daughter there….very busy Sultan.

And something did just occur to me. These Sultans are not gender friendly. How come there are no Female Sultans? What would they call female Sultans anyway? Sultanee?

What are the duties and importance of our traditional rulers or royals?

If we are to trace back the lineage of these “Royals”, the truth will out them to be really no more then pirates or a happy accident of history and questionable British decisions in their Nation Building exercise.

There really is no “Royal” lines. They are as “Royal” as me, Yap Ah Loy or for that matter that Mamak from Kerala.

If truth were told they did not gain prominence and wealth through conquest of other men or state.

Their air of superiority and self-importance was gifted to them by the British and by the self-serving needs of UMNO.


In return for being Sultan they have given up territories, cede their powers to the British, the Japanese and to UMNO just so that they could continue to live a decadent live financed by the Nations coffers.

Name me one Sultan that cares for the welfare of their subjects?


I do not count riding in motorcycles convoy to visit their subjects, descending from the skies in a helicopter and throwing them a few bags of rice and groceries after floods and attending “meet and greet” get together in their state as showing concern for the welfare of their subjects.

If anything every time they move anywhere causes problems and further hardship for their subjects.

Police escorts are required to move them in a convoy, their subjects are pushed aside to allow them clear access to wherever important that they are going to – money, people and time are wasted to make these Sultans think that they are what they are: SULTANS!

And all others, including me, are call commoners?

Why, these sultans are born into this earth “ROYALS?”

Or was there a definitive period in their life when they became “ROYALS?”

When? When their ancestors stopped being pirates and settled down? Or when they cede Singapore to the British?

I stand to be challenged, corrected or refuted by anyone who disagrees with me – but really this Sultan issue need to be debated and the people allowed to decide the relevance of the Sultans in the times that we live in now.
-"steadyaku47"

Dr Mahathir, Is It Amnesia or Senility?

Read here for more in Malaysia Insider

Tun Dr Mahathir Mohamad said the Federal Constitution has NOT changed, despite the 1993 amendments that limited the powers of the monarchy.

When asked if he supported the Selangor Pakatan Rakyat (PR) government’s attempts to amend the constitution to return it to the pre-1993 version, Dr Mahathir said:
“There is nothing to go back [to]. The constitution has NOT been changed.”

Saturday 15 January 2011

UPDATED! Malaysian Muslims After Prayers Behave Like Uncompromising Taliban Street Thugs

Read here for more in Malaysiakini

Read BELOW Related Articles:

About 100 noisy protesters gathered outside Masjid Al-Ikhlasiah in Kampung Kerinchi this afternoon, demonstrating against a non-Muslim lawyer who had allegedly complained about the volume of the azan (call for prayer) from loudspeakers.

MOB MENTALITY
LACKING IN
RELIGIOUS MORALITY

- A Disgrace to ISLAM
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The controversy erupted when the complainant, believed to be a lawyer, sent a complaint directly to the prime minister's office, that in turn passed it to Minister in the Prime Minister's Department in charge of Islamic affairs, Jamil Khir Baharom, and the Federal Territories Islamic Department (Jawi).

The Muslim protestors were overheard saying that they intend to go to the address to “drag the complainant out and beat him up” while others shouted that the complainant is a “traitor”.

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"Don't you dare challenge our religion," shouted Fauzi Che Ahmad, claiming to represent the mosque's congregation association. He also said that non-Muslims should be constantly reminded of the sensitivities of Islam.

Unfurling banners and shouting Allahu Akbar (God is great), the angry crowd also burned an effigy of the complainant.

The protesters, mobilised by the mosque's congregation association, Majlis Ayahanda Wilayah Persekutuan and other Muslim NGOs, also had banners displaying the details of the complainant, down to his name, address, phone number and email address.

In a press statement distributed by the organisers, they urged the government to charge the complainant under the Sedition Act as well as imposing the Internal Security Act for “threatening racial harmony”.

“As a lesson to him and people like him, the government should also advise the complainant to move out to another neighbourhood or even change his citizenship to countries that suits his taste, said the statement.

The organizers also demanded a PUBLIC apology from him to all the Muslims in the country.

Jawi then met the mosque committee late December last year, where the committee was allegedly instructed to lower the volume of their dawn azan. Since then, the mosque committee had claimed that they have complied but they are distancing themselves from the protestors.

About 20 police personnel kept a close watch nearby.

Some of the protestors also unfurled flags bearing the three colours of a Islamic proselytisation group Pekida.

In recent years, there has been increasing conflict between Muslims and non-Muslims over the volume of the azan.

In 2008, Selangor exco Teresa Kok was detained without trial after several pro-Umno blogs and Utusan Malaysia alleged that she had campaigned for the lowering of the azan volume at a mosque in Puchong.

She had since filed a RM30 million defamation suit efamation suit against former Selangor MB Dr Khir Toyo and the daily over the controversy while the mosque officials have cleared her of the allegation.

Related Article

Cara selesaikan masalah suara bising waktu Azan

Read here for more

Timbalan Ketua Biro Perancangan Strategi Pemuda MCA Ng Kian Nam yang beralamat di (deleted) Kuala Lumpur dan boleh dihubungi melalui HP: (deleted) menghantar surat keada kementerian yang bersangkut paut dengan kebisingan azan di Masjid Ikhlasiah.

Isu ini telah diputar belitkan oleh golongan tertentu di mana sengaja atau berniat untuk memutar belit. Dalam surat Ng, beliau meminta perlahankan pembesar suara tetapi bukan memberhentikan penganut Islam menjalankan sembahyang Azan.

Maka mengikut arahan pihak atasan (jawi) terhadap Imam masjid, Mahadi Abdullah, untuk memperlahankan kekuatan bunyi speaker di masjid tersebut.Jadi nampaklah Jawi bersetuju dengan pendapat Ng bahawa sahnya suara azan amat mengganggu keamanan dan hak asasi manusia.

Kalau kita merujuk kepada perlembagaan di Malaysia memang tidak dinafikan perlembagaan Malaysia memang menentang suara azan yang lantang menganggu keamanan terhadap penghuni di sesebuah kawasan.

(5) Perkara ini tidaklah membenarkan apa-apa perbuatan yang berlawanan dengan mana-mana undang undangan yang berhubungan dengan ketenteraman awam, kesihatan awam atau prinsip moral.

Nampak ??? Sembahayang dengan gunakan loud speaker mengganggu ketenteraman awam adalah di larang sama sekali.

Begitu juga Nuisance Act

-" public nuisance arises when an act materially affects the reasonable comfort & convenience of the life of a class of the society". Person who may claim (civil proceeding)

-only a person who has suffered special damage can claim for damages for public nuisance. P has to prove that he has suffered damages & injury over & above the ordinary convenience suffered by the public at large. The following factors may be used as a guidance to determine the existence of special particular damage:
(i) the type or extent of damage is more serious, must suffer more than what is suffered by other persons who are exposed to the same interference.

- Jadi persoalannya, siapakah yang tidak mengikut undang-undang? Kalaulah Pukida sanggup membakar patung di depan masjid, kenapa tidak bakar buku perundangan sekali di mana undang-undang ini menyekat Pukida jadi hero Islam? Kalau boleh, bakar sekali Mahkamah di merata Malaysia. Ini lah Pahlwan Islam – semangat pejuang Islam yang tulin.

- Kalau kita tanya pihak Pukida, berapakah orang dari mereka bangkit pada waktu 5.45 subuh dan menunaikan sembahyang Azan? Ramai Melayu masih tidur nyenyak pada waku itu, mereka tak berani marah sebab malu diberitahu orang tidak menunaikan sembahyang Azan.

Memang tidak dapat dinafikan Ng Kiam Nam seorang yang pekak tidak memahami cara interaksi dengan Melayu Islam, pada hal masalah ini cukup senang diselesaikan tanpa perlu hantar apa-apa surat kepada pihak atasan. Cuma keluarkan 500 Ringgit Malaysia, 200 Ringgt derma untuk masjid Ikhlaisah yang baki lain suap masuk dalam poket Tok Imam yang jaga pembesar suara, semua akan selesai. Dia akan simpan duit dengan diam-diam, pembesar suara akan jadi perlahan, malah akan dia beri alasan bahawa kualiti amplifier kurang memuaskan. Kah kah kah

Kalau hendak selesaikan masalah dengan Melayu, tunaikan kepala Agung beberapa keping, geng Melayu Islam akan taat setia dan menjunjung kepala Agung, jadi pejuang Islam yang tutup mulut dan jalankan tugas mereka … Melayu Islam Nampak Duit apa pun boleh selesai. Kah kah kah.

Friday 7 January 2011

Chief Secretary Sidek Deliberately MISLEADS Public with Half Truths on Khusrin's Appointment as Selangor Secretary

Read here for more article by Kim Quek in Malaysia Today


Pegawai Kanan Kerajaan Bermasalah
- Tidak Boleh diPercayai
dan Tidak Boleh di Harapkan
Oleh Rakyat Malaysia

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Kaki Pengacau
Urusan Kerajaan



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HERE ANOTHER RELATED Article on Sidek Hassan by Dr Bakri Musa, "Chief Secretary, Nik Ali Baba and Malaysian Civil Service- July 2010"


Quote:


PENANG: Sidek Hassan's Unprofessional Squabble with Penang CM Lim Guan Eng (July 2010)

"...Chief Secretary Sidek Hassan did NOT acquit himself honorably... in his very public and ugly squabble with Penang’s Chief Minister Lim Guan Eng.

Sidek’s reaction reflects more of a “mother hen” instinct of protecting its brood rather than the cool considered judgment of the head of an organization of professionals, as our civil servants would like us to believe them to be.

Had Sidek acted professionally, he would have realized that the request came not from an opposition politician but the chief executive of a major state. If Lim’s assertion were true, then Sidek owes the public an explanation for spurning Lim.

Sidek should have been more respectful of federal-state relationships.

Incredibly, Sidek also did not find anything unusual or a breach of the civil service code for a federal officer to be addressing partisan party gatherings.

Sidek obviously FAILED to grasp the essential difference between Najib the Prime Minister and Najib the party president. Sidek should NOT be seen or be in any way officially or unofficially associated with the President of UMNO.

Sidek is a career civil servant, supposedly politically neutral and a professional. If he were a political appointee, that would be a different matter.


Sidek’s incredulous assertion and crudely inappropriate behavior did not end there. As Chief Secretary, he manages matters to be discussed at cabinet meetings. That he saw fit to bring this to the highest level revealed Sidek’s warped sense of priorities.

As leader, a major part of Sidek’s responsibility is to solve problems, not create them. He should also be able to anticipate them, and thus try to avoid or at least be ready.

With the Penang issue, Sidek not only fails to solve it but he also AGGRAVATES it.

More deplorable, Sidek FAILS to anticipate the potential ugly racial undercurrent to this conflict. This is Malaysia and any conflict quickly acquires a racial hue unless intelligently and sensitively handled.

Sidek’s management of this crisis FAILS on BOTH counts.

The nation (would have been) spared a potentially destructive racial crisis, had Sidek been wise, restrained and professional.

In failing to have the earlier scheduled meeting with Lim, and not hearing both sides to the dispute, Sidek FLUNKED the most elementary test of leadership – nipping a problem in the bud......"
-Dr Bakri Musa

SELANGOR: Khusrin’s Appointment Void Without MB’s Acceptance

06 January 2011

Excerpts:

On 27 Dec 2010 the Federal Government’s Chief Secretary Sidek Hassan announced that the least acceptable candidate - Khusrin Munawi - was appointed the new state secretary of Selangor.

Khusrin was considered by the Pakatan Rakyat state government as hostile and incompetent.

Then on Jan 5, Sidek defended the legality of the appointment with the claim that:
  1. there was NO legal requirement to consult or seek approval from the Sultan or the Selangor state government.

  2. the federal Public Services Commission (PSC) did in fact consult the state government prior to the appointment, which contradicts claims to the contrary by the state government.
SIDEK’S PAROCHIAL INTERPRETATION OF THE CONSTITUTION

Sidek said:
  • Khusrin is a federal civil servant who comes under the jurisdiction of the federal Public Services Commission (PSC),

  • his appointment by PSC has complied with both the state and federal constitutions.

  • consultation or approval from the Sultan or the state government is not necessary because there is no such stipulation in the state constitution.
While I agree that the Sultan plays no role in this appointment constitutionally, the same cannot be said of the Menteri Besar.

The problem with Sidek is that his interpretation of the constitution is parochial, missing the wood for the tree.
  1. (IF) this is a case of seconding a federal officer to the state government, WHY should he have ignored Article 134 of the federal constitution which governs the secondment of officers from one governing body to another?

    Article 134 Clause 1 states:
    “The Federation may, at the request of a State, local authority, or statutory authority of any organization, ….., second any member of its public services to the service of any State, authority or organization, as the case may be; and a State may, at the request of the Federation, another State, a local authority or a statutory authority or …….., second any member of its own public service to the service of the Federation, other State, authority or organization as the case may be.”
    We observe from this Clause that secondment of officers from one governing body to another can take place in a free-flow manner, without restriction, and that it takes place only when a party requests for it.

    In the present case, Selangor is the principal party as well as the employer who needs to fill a vacancy, and it has the option to fill that vacancy from a source it chooses, which need not be a member from the PSC.

    Did Selangor ask PSC to second an officer? The answer is NO.

    Then why did PSC second an officer without being asked?

    Sidek MUST first answer this question.

  2. The truth is that the Selangor state government had already started the process of selection and had narrowed down the candidates to a short-list of three which was sent to the Sultan for assent by mid-December.

  3. Menteri Besar Khalid Ibrahim was actually WAITING for the palace feedback for him to forward the finalized candidate to PSC for making the formal appointment, when Sidek made the shocking announcement.

    So the fact before us is that the Selangor government has decided to source its candidate from the pool of federal officers ALREADY serving in the state government, and in due course it would make its request to PSC upon finalizing the selection.
SIDEK'S DEFECTIVE INTERPRETATION OF CONSTITUTION

Now, the crucial question:
Can PSC appoint the new state secretary even before receiving a request from the state government with due consideration to the fact that the appointee is detested as a political threat to the state government?
The answer must be a resounding NO!

It not only contravenes Article 134 which states that PSC can only act upon request , but it’s an abominable act that defies all logic and decent values.

Common sense tells us that such an appointment is an unworkable proposition that will jeopardize the functioning of the entire state government, since the head of the civil service is held with such serious misgivings by the state’s political leadership.

No wonder the entire Pakatan leadership has called this appointment an act of unabashed sabotage.

Sidek’s contention that NO consultation is needed due to the lack of such mention in Article 52 of the Selangor constitution is naïve and defective.
  1. Firstly, not all mandatory steps in a legal act are described in a constitution, which by its nature must be brief as it is an outline of fundamental principles.

  2. Secondly, a part of the constitution should not be read in isolation, without regards to the rest, in particular, without regards to the underlying spirit of the entire constitution upon which the law was written.
The present legal case presented by Sidek is an excellent example of such IMMATURE reading of the law.

SIDEK TAKES THE ROLE OF A STUMBLING BLOCK TO GOOD GOVERNANCE


With regards to Sidek’s surprise claim that PSC did in fact consult and seek approval from the state government in earlier correspondence, the first question that springs up in anyone’s mind is:
WHY THE HELL HE DIDN'T SAY SO ?
If the Mentri Besar could react within hours (on Dec 27) that he had no knowledge of such appointment, why couldn’t Sidek do the same?

Sidek could have instantly doused the crisis by simply contacting the MB to work out a solution, which by common sense and by law, could not be anything else other than a candidate who is acceptable to the MB and who could work smoothly with the Selangor government.

Instead, the opposite was done to compound the crisis.

SELANGOR PALACE OFFICIALS ILL-ADVISE THE SULTAN AND AGGRAVATES THE CRISIS

Private secretary to the Sultan, Munir Bani, suddenly announced on Dec 30 that the new appointee would be sworn-in at the Palace on Jan 6.

The dishonourable intention of such hurried arrangement is obvious when there is no apparent justification to rush through while the issue is still boiling, articularly when the contract with the outgoing state secretary ends only on Mar 30 (according to the MB’s political secretary Faekah Husin).

SIDEK MUST UNDO THE MESS HE CREATED TO RECLAIM PUBLIC CONFIDENCE


Even now it is not too late for Sidek to undo the wrong that has been done to the government and people of Selangor, despite the swearing-in of Khusrin at the palace.

All he needs to do is to contact the MB and agree on a candidate that, in the opinion of the reigning Selangor government, best serves the interests of the people.

As for Khusrin, there are plenty of places he can be assigned to without causing distress to the Selangor government.

Tuesday 4 January 2011

Who is Lying the Rakyat? The UMNO-Controlled Selangor Palace OR the People-Elected MB of Selangor

Read here for more

Read related article,
"The Selangor Sultan in the Eye of the Storm"
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The SELANGOR PALACE has REFUTED Selangor Menteri Besar Tan Sri Khalid Ibrahim’s version of what transpired during his audience with the Sultan yesterday.

The Selangor MB had said the Selangor sultan had acknowledged during his audience with the Sultan that he had NO power over senior civil service appointments.

Khalid had told the rakyat that the Sultan had suggested that the Selangor state government hold talks with the PSC to find the best solution to the impasse, a point which was also refuted by the Sultan’s private secretary today. Khalid publicly told the media the Sultan was of the view that he (the Sultan) had no power to accept or reject candidates recommended by the Public Service Commission (PSC) for executive posts, adding,
“This is because the laws had been amended back in 1993, during the constitutional crisis.

The state laws were amended and centralised to cement the federal government’s hold on the state."
Datuk Mohamad Munir Bani, who is private secretary to Sultan Sharafuddin Idris Shah, insisted today that the Sultan held the executive power, and therefore had the right to decide on Datuk Mohd Khusrin Munawi’s appintment as the new Selangor state secretary.

The Sultan's Private Secretary,Mohamad Munir said in a statement today,
“The Mentri Besar’s press statement yesterday on January 3 saying that that the Selangor Sultan was of the view that he did not have the power to accept or reject any candidates suggested by the Public Services Commission (PSC) is incorrect.

What actually happened is that the names of potential candidates for the state secretary post had been presented to His Royal Highness by the Public Services Department which is part of the Public Services Commission.

As the chief executive of the Selangor state government, the Sultan gave his blessings to one of the candidates.

The PSD had after that agreed to the SULTAN’s CHOICE of candidate through a letter issued by the Public Services Department following Article 52 (1) and (2)a of the state constitution. This is a convention, a normal practice in Selangor.

The Sultan had actually decreed that the Mentri Besar should have had discussions on the choice candidate with PSC or PSD before the candidates had been presented to His Highness, and not after the Sultan had already given his blessings to the candidate chosen by the PSC (Mohd Khusrin.)

As to the knowledge of the Sultan of Selangor, Mohd Khusrin has been appointed following the proper procedures sanctioned by the Selangor constitution.

The new Selangor state secretary has a right to take part in the proceedings of the state committee meetings as well as the state assembly after signing an oath of secrecy in front of the Mentri Besar,


MB’s plans to have talks now with PSC or PSD after the state secretary had already been chosen is unwise as it could damage the moral integrity of the selected candidate and could create an unhealthy environment with Selangor’s civil service.”
Mohamad Munir also said that the the Selangor Sultan had decreed that the state government present the plans for the amendments of the state constitution to the Sultan first before calling for an emergency state assembly sitting. He stressed that the loyalty oath ceremony between the Sultan and Mohd Khusrin will still take place this Thursday. He said that it was not Mohd Khusrin’s officiation ceremony as state secretary but an “oath of loyalty” ceremony in front of the state Ruler.

Khalid as MB of Selangor announced yesterday that Selangor will hold an emergency sitting of the state legislative assembly to change the state constitution to return to the mentri besar and Sultan the power to appoint the state secretary, state finance officer and state legal adviser.

The country’s richest state has been in turmoil for the past week since the chief secretary to the government named Mohd Khusrin to the post to replace outgoing State Secretary Datuk Ramli Mahmud, whose last day of office was on Friday.

The Pakatan Rakyat (PR) state government has rejected Mohd Khusrin’s appointment and insists it has the right to name its own person for the job.

UPDATED:Moves by Pro-UMNO Faction in PAS to Abandon Pakatan Rakyat to Join UMNO-BN before Next GE

UPDATE: 4.45 pm (4 Jan 2011)

PAS Tok Guru Nik Aziz Clarifies Agung is NOT Dabbling in Partisan Politics

Read here for more
Mursyidul Am PAS, Tuan Guru Datuk Nik Abdul Aziz Nik Mat menjelaskan, beliau dan pemimpin kanan PAS telah diperintah menghadap Yang di-Pertuan Agong, Tuanku Mizan Zainal Abidin dalam satu majlis santapan malam di Istana Terengganu di Kuala Lumpur

Nik Abdul Aziz menyeru semua pihak sama ada media atau invidu supaya tidak mengaitkan istana dengan pergolakan politik negara. Pada masa yang sama juga beliau turut mengingatkan orang ramai tidak membuat sebarang andaian berhubung pertemuannya dengan Yang Dipertuan Agong, Tuanku Sultan Mizan baru-baru ini.

Tuan Guru Abdul Hadi Awang, pula berkata tidak timbul soal perbincangan kerajaan perpaduan atau sebagainya dalam pertemuan itu.

Menjawab soalan media beliau seterusnya berkata, majlis itu adalah undangan Yang Dipertuan Agong, tidak timbul langsung soal perbincangan dengan pemimpin Umno.
-- End of Update --


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Read Earlier Articles on the Pro-UMNO Faction in PAS

January 4, 2011

Pro-UMNO Hadi to meet TOk Guru Nik Aziz on Unity Talk with UMNO

Read here for more in Malaysian Insider

The Pro-UMNO Triumvirate PAS Leadership
Favouring UMNO-BN over Pakatan Rakyat

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PAS president Datuk Seri Abdul Hadi Awang and secretary-general Datuk Mustafa Ali will meet Datuk Nik Abdul Aziz Nik Mat today over unity talks with Umno leaders organised recently by Tun Abdullah Ahmad Badawi.

The Malaysian Insider understands the meeting has been called to avoid further embarrassment to the party following reports of a secret meeting with Datuk Seri Najib Razak and his deputy Tan Sri Muhyiddin Yassin last Christmas Eve at Istana Terengganu here.

It is learnt that Hadi and his deputy Nasharuddin Mat Isa had also attended the unity talks hosted by Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin. Both are seen as the leading lights in the pro-Umno faction within the Islamist party.

“They will address the controversy surrounding the unity talk before Tuan Guru Nik Aziz officially explains the issue on behalf of the party,” said a PAS insider familiar with the issue.

The Malaysian Insider reported yesterday that Nik Aziz had attended a private Christmas Eve dinner, hosted by the King, with the prime minister and his deputy at Istana Terengganu.

The dinner was seen as another attempt to revive the talks on political co-operation with Umno in the name of Malay/Muslim unity.

The Kelantan mentri besar confirmed the meeting with Najib, but refused to disclose what transpired at the dinner.

But The Malaysian Insider understands that the Christmas Eve meeting was initiated by former Prime Minister Abdullah who, in the aftermath of Election 2008, attempted to form a unity government with PAS leaders.

Sources familiar with the latest move to bring PAS into the Barisan Nasional (BN) government revealed that both Hadi and Nasharuddin would be given a prominent role in Putrajaya if the party decides to abandon Pakatan Rakyat (PR), but Nik Aziz continues to be the major obstacle in bringing PAS closer to the ruling coalition.

The majority of PAS central committee members, however, were kept in the dark about the meeting, with some describing it as a disaster for the party as it took place less than a week after PR’s second convention.

“I have heard about it, but nobody has offered any official explanation. I believe the move is crazy as general election is just around the corner. It will be difficult for us to do damage control,” said a PAS central committee member who spoke on condition of anonymity.

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Another senior PAS leader described the move to meet with Umno leaders as a violation of the party’s resolution to remain in PR.

“The last three muktamars have decided that the party should remain in Pakatan and to work towards taking over Umno’s role,” said the member of the party’s political bureau.

“The meeting was an act of indiscipline and betrayal,” he added.

Meanwhile, former secretary-general Datuk Kamaruddin Jafar said PAS leaders now owe an explanation to its members and PR parties.

“Like Nik Aziz said, there were discussions. Members want to know what was discussed, as the meeting was between Umno leaders, more than one of them, and the Yang di-Pertuan Agong was also said to be present,” he told The Malaysian Insider.

“During the Pakatan Rakyat convention, all leaders expressed their desire to work together in strengthening Pakatan, but suddenly this issue surfaced. If two days ago it was just rumours, but today Nik Aziz has confirmed it,” said Kamaruddin.

With the latest development, Pakatan members also deserve an explanation,” he added.

The question of political co-operation with Umno became a major campaign issue in the 2009 PAS election after it was revealed that party leaders, including Nasharuddin and Selangor chief Datuk Hasan Ali, met with Abdullah and former Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo after Election 2008 to explore the possibility of forming a unity government.

PhotobucketLeaders aligned to Nik Aziz then accused Nasharuddin of conspiring to take PAS out of PR, but the deputy president successfully defended his post in a three-cornered fight with Mohamad Sabu and Kelantan executive councillor Datuk Husam Musa.

PAS holds 23 parliamentary seats within the PR coalition and controls two states, Kelantan and Kedah.

The other two PR-ruled states are Penang and Selangor.

Saturday 1 January 2011

EXPOSED!! UMNO Minister and UMNO ADUNs in Allegations of Rape and Sex Scandals

Read here for more in SABAHKINI

PAK LAH HALALKAN ROGOL, UMNO HALALKAN ZINA?

by

"MALAYSIALEAKS"

  1. PhotobucketTindakan Mantan Perdana Menteri Malaysia, Datuk Seri Abdullah Badawi (Tun) bersubahat menyembunyikan kes 376 Kanun Keseksaan yang dilakukan oleh Menteri Menteri Kebudayaan, Kesenian dan Warisan, (Februari 2006 sehingga 15 Februari 2008) Datuk Seri Utama Rais Yatim pada 2007 merupakan tindakan tidak bermaruah Perdana Menteri ketika itu.


  2. PhotobucketPak Lah juga menyembunyikan kes perzinaan Menteri Besar Perlis, Datuk Seri Shahidan Kassim dengan membenar beliau bertanding dalam pilihanraya umum ke 12 telah menandatangani watikah perlantikan Shahidan sebagai Menteri Besar Perlis sekalipun tanpa persetujuan Raja Perlis.

    Ketika itu, Pak Lah meresetui perzinaan antara Shahidan dengan seorang gadis sehingga gadis tersebut mengandung dan Shahidan memaksa gadis berkenaan menggugurkan kandungan.

    Murut fakta kes, mangsa telah bertemu Pak Lah bersama Doktor yang menggugurkan kandungannya dan beberapa VIP yang mengetahui Skandal Seks Shahidan, namun Pak Lah enggan mendengar aduan mereka kerana begitu sayang kepada Shahidan.

    Perkara ini bukan rahsia lagi kerana semua jemaah menteri tahu Skandal Seks Shahidan, namun Pak Lah mempertahankan Shahidan atas sebab yang tidak diketahui.

    Walaupun selepas 10 Adun telah menulis surat rasmi kepada Pak Lah untuk menolak kepimpinan dan perlantikan Shahidan sebagai Menteri Besar Perlis, namun Pak Lah mengganggap sepuluh adun berkenaan memfitnah Shahidan.

    Bahagian Penerangan UMNO Perlis telah menghubungi Bernama Kuala Lumpur memaklumkan bahawa Shahidan akan mengangkat sumpah sebagai Menteri Besar Perlis di Istana Raja Perlis di Kuala Lumpur ketika itu.

    Menurut satu sumber, Hashim Suboh yang memainkan peranan sebagai jurucakap media Shahidan dan mengetuai pakatan untuk menjatuhkan Setiausaha Agung UMNO, Datuk Mohd Radzi bagi membolehkan Shahidan mengangkat sumpah sebagai Menteri Besar dan enggan mendengar nasihat dan pandangan menteri kanan seperti Radzi.

    Ketika itu, Shahidan telah mengarahkan Hashim memungut nama para pemberita dan wartawan yang membantu beliau dalam kempen pilihanraya umum ke 12 lalu dengan menjanjikan Pakej Umrah secara percuma.

    Mereka ini mengatakan bahawa Tuanku Raja Perlis lembut hati dan akan tetap melantik Shahidan sebagai Menteri Besar.

    Menurut maklumat daripada sumber terdekat dengan Istana bahawa pada hari tersebut sahaja, Shahidan telah berulang alik sebanyak tiga kali dari Kuala Lumpur ke Perlis untuk mengejar Raja Perlis agar merestui perlantikannya sebagai Menteri Besar.

    Namun, Baginda Raja Perlis masih enggan menandatangani Watikah Perlantikan Shahihan atas sebab kebejatan moral walaupun Pak Lah telah memberi watikah sendiri kepada Shahidan dan meminta Shahidan berundur.

    Selain skandal seks berkenaan, Shahidan turut terpalit dengan pelbagai skandal kerana disifatkan ramai pemimpin Perlis sebagai 'Beraja Di Mata dan Bersultan Di Hati.'

    Tanpa mempedulikan Skandal Seks Shahidan, UMNO Malaysia pula menghalalkan perlakuan zina dengan melantik Shahidan sebagai Timbalan Badan Perhubungan UMNO Perlis pada 27 Disember 2010.

    Selain kebejatan moral pemimpin UMNO Semenanjung, Pak Lah turut melindungi Skandal Seks pemimpin UMNO Sabah dan berkenan memilih mereka sebagai calon yang bertanding pada pilihanraya umum Mac 2008.

  3. PhotobucketAdun Lahad Datu, Datu Nasrun Datu Mansur (Datuk) terpalit juga dengan Seksyen 376 Kanun Keseksaan dengan isteri orang yang juga bekas pekerja di syarikat guamannya.

    Walaupun Nasrun telah membayar sejumlah RM500,000 kepada suami mangsa dan mangsa telah menarik balik laporan polis, namun kes berkenaan telah ditutup begitu sahaja, termasuk Suruhanjaya Pencegah Rasuah Malaysia (SPRM) sehingga ramai penduduk Lahad Datu beranggapan bahawa ‘Rogol’ bukanlah kes jenayah kerana boleh ditutup sekalipun semua bukti telah terdedah.

  4. Photobucket Seorang lagi Adun yang mengalami kebejatan moral yang dipilih bertanding mewakili UMNO ialah Adun Tempasuk, Datuk Haji Musbah Jamli yang mempunyai Skandal Seks dengan pembantu rumah dan adik iparnya serta mempunyai kes dengan BPR, namun Pak Lah telah memilih beliau mewakili Tempasuk.



  5. PhotobucketManakala seorang lagi Adun yang pernah menjadi banduan di Indonesia, Datuk Haji Harman Mohammad yang dibenarkan bertanding di DUN Sulabayan, Sabah sekalipun beliau tidak layak kerana baru setahun dibebaskan daripada penjara Indonesia (atas ehsan UMNO) sedangkan Anwar terpaksa menunggu selama lima tahun sebelum boleh aktif dalam politik.


RELATED ARTICLE

RAIS YATIM di Desak Letak Jawatan


by

SURIATI MAHMUD

Read here for more

PARTI Keadilan Rakyat Sabah mendesak Menteri Komunikasi, Multimedia dan Warisan, Datuk Seri Rais Yatim meletakkan jawatan SERTA MERTA .

Beliau mencabar Peguam Negara, Tan Sri Gani Patail menjalankan siasatan dan mendakwa Rais di mahkamah atas kesalahan melakukan jenayah di bawah Seksyen 376, Kanun Keseksaan; sebagaimana yang didedahkan Wikileaks.

Ketua Cabang PKR Silam, Johani Abdul Halim ketika menghubungi Sabahkini.net sebentar tadi kesal kerana Kabinet Malaysia di era Pak Lah melindungi menteri berkenaan yang telah mencemarkan kesucian agama Islam, menjatuhkan imej Negara dan melakukan jenayah ROGOL terhadap pembantu rumahnya pada 2007.

“Jika pemimpin yang rendah moral seperti ini dilindungi, maka ramai lagi akan bertindak mencemarkan imej Malaysia di mata dunia. Jika pemimpin Pakatan Rakyat dilemparkan pelbagai tuduhan, kini tibalah masanya pemimpin UMNO/BN membuktikan kejujuran dan ketegasan mereka membanteras jenayah,” ujar Johani yang kesal kerana Mantan Perdana Menteri tergamak bersubahat menutup kegiatan sumbang yang dilakukan oleh menteri kabinet.

Johani memuji sebuah NGO, Migrant Care yang dilaporkan telah menemuramah pembantu rumah yang menjadi mangsa keganasan seksual Rais sebagaimana laporan yang didedahkan Wikileaks.

Sehubungan itu, Johani turut mencadangkan agar gelaran ‘Datuk Seri’ Perogol berkenaan ditarik balik kerana mencemarkan duli Sultan yang menganugerahkan pingat kebesaran berkenaan.

BERIKUT merupakan dokumen yang didedahkan Wikileak yang menyebut nama Rais tetapi hitamkan atas tujuan tapisan.

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Umno 'RAPIST ' in Cabinet:
In the Name of Justice, Form a Public Probe


by

Mariam Mokhtar

Read here for more

I did not name him but others did.

Who is the Rapist in UMNO?


‘HE’ is Malaysia’s Cabinet minister who allegedly raped his Indonesian maid 3 years ago.

He is a lawyer by profession and obtained his PhD from King’s College London.

Sudden Withdrawal of Malaysia's Nominee for Commonwealth Sec-General in 2008

In 2007 Malaysia nominated its Minister of Culture, Arts and Heritage to replace the outgoing Commonwealth secretary-general, Don McKinnon, whose term would have expired in March 2008.

This minister was a strong contender for the post having once served as Foreign Minister.

There had never been a secretary–general from Asia before and a Malaysian ‘victory’ was imminent. Countries in the region – Singapore, Brunei and New Zealand, also supported Malaysia’s bid.

Malaysia’s High Commission in London where the Commonwealth secretariat is based was geared up to lobby support for its candidate.

Visiting Commonwealth heads of state were ready to meet this man.

As part of Malaysian’s campaign, the candidate even planned a visit to London to rally support.

Then out of the blue, the nominee dropped his bombshell.

The strange thing was that hours earlier, he had been discussing the Malaysian campaign strategy with Foreign Minister Syed Hamid Albar at a Cabinet meeting.

The nominee’s announcement to withdraw from the race apparently shocked the Cabinet and stunned the government.

So what happened in those crucial hours from the time he finished discussing his campaign, to the time he made his personal announcement?

Who did this man speak to? More importantly, who had contacted him? What was discussed that ‘persuaded’ him to withdraw his candidacy?

The proper procedure would have been for the government to announce any changes in the Malaysian Commonwealth bid.

But this man did not, or could not wait.

Why?

Was he given an ultimatum or was he told that that was the best solution for all?

The reasons he gave in his sudden announcement was that he had ‘pressing duties to oversee celebrations of Malaysia's 50th year of independence’.

He said, “My responsibilities (for the Merdeka celebrations) are far more important and furthermore, it is already too late (to campaign). So it's better that I withdraw”.

Noble words indeed but they only added to intense speculation that something had cropped up that was being swept under the carpet.

Wikileaks and other cyber whispers have edged us closer to the truth and finally, the last piece of the puzzle provides us with a clue and answers those questions that were asked in 2007.

This man was allegedly accused of RAPE .

UMNO-BN Govt Cover-Up of the Rape

The Prime minister at the time, Abdullah Ahmad Badawi and his deputy, Najib Abdul Razak were privy to this distasteful revelation.

But true to fashion, they had to protect the ‘good name’ of Umno. And themselves.

The matter was serious enough and could have brought down a government, but NO investigation was carried out to see if there was any truth in the allegation.

Perhaps, senior members of Umno already know that there are several rapists, murderers and psychopaths making up their ranks.

Justice for the rape victim was the last thing on the collective minds of these men. What mattered most was to protect Umno.

The leaders knew that under normal circumstances, the alleged rapist could have carried on with his job and play an important role in society, like nothing had happened.

This is Malaysia, after all, where whitewashing is a favourite pastime.

The fact that this man had put his name up for nomination for the post of Commonwealth secretary-general complicated matters. The fact that Malaysia’s bid was going to be successful did not help.

If this man was selected as Secretary-General of the Commonwealth that March 2008 he would have to be based in London.

If the girl who was raped managed to successfully press charges or if some stubborn journalist got wind of the story and unearthed the sordid details, this man’s past and his crime, would have been exposed.

Scotland Yard or Interpol would have had to detain him and carry out investigations. The Commonwealth, Malaysia and Indonesia would have a diplomatic scandal of cataclysmic proportions. Our name would be “mud”.

So Abdullah Badawi and Najib did the next best thing. They persuaded the candidate to withdraw his nomination and blame it on “personal matters”. That way it would not tarnish the administration. They too, played their part and professed ‘shock’ at his ‘sudden’ announcement.

They must have told the alleged rapist that although they could easily protect him in Malaysia, their power and influence could not extend to the United Kingdom where the rule of law is adhered to.

But for Wikileaks and the cyberwhispers, all these rape allegations have blown out into the open.

This is the same minister who, in early 2010, warned Muslims to not immerse themselves in the Internet and told Malaysians that “….Twitter and Facebook are tools of the West that can erode Malaysian culture…”

No wonder he told us to be wary of the Internet. How ironic then that in the end it was the internet that brought about his downfall.

The Selangor Sultan in the Eye of the Storm

Read here for more in "steadyaku47" Blog

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The Sultan of Selangor

Methinks the Sultan of Selangor does too much.......

by

"steadyaku47"

What is worrying is that our Prime Minister does not share OUR concern – the frisky ambassador, the corrupt politician and the likely rapist -should be held to the same standards that we would expect of any ordinary Malaysian.

It would seem that those in high public office are NOT subject to the same standards of propriety that we expect of ourselves and from our peers. That our Prime Minister is guilty of condoning these wrongs speaks volume of his sense of decency.

Selangor Sultan Beholden to UMNO-BN Govt

And now like Perak, they (UMNO-Bn Govt) are using a Sultan to do their dirty deeds for them.

Using the Sultan of Selangor to ‘legalize” the appointment of the State Secretary.


We all know that the Sultan of Selangor is beholden to the Barisan Nasional government for his daily bread. He has been making a good deal of money from his many business dealings where, for the most part, the BN government have chosen to quietly overlook indiscretions that he has committed.

And now they (UMNO-BN Govt) are calling in the markers they have been keeping on THIS Sultan of Selangor.

Selangor Sultan Has Unsavoury Personal Issues


If the Sultan does go in to bat for the Barisan Nasional over this appointment of the State Secretary, then I think he will be opening himself up to a number of issues.

His personal life for one.

Let me get more to the point – this Sultan, who is the head of Islam in his state - f**** around with girls in and around Kuala Lumpur.

You **** around with the appointment of the State Secretary, we f*** around with your f*** ing around.

We can start with that non-Malay girlfriend of yours that have served as your regular f*** for a good number of years.

You might think it all good fun and it really is until you realize that the Internet will tell what the newspaper will not!

So tread carefully and think what it is that you are doing.

Go on living your useless life paid for by the people’s money and LEAVE politics well alone.

Interfere with politics then you and your brother Sultans might see the end of your reign as the Maharajahs in India have seen the end of theirs sooner then you think

RELATED ARTICLE


Read here for more and here

Lawyers said Selangor will face a serious constitutional crisis if the swearing-in of Datuk Mohd Khusrin Munawi as the new Selangor State Secretary takes place before Sultan Sharafuddin Idris Shah.

Lawyer Malik Imtiaz Sarwar agreed that swearing in Mohd Khusrin without consulting Khalid may trigger off a constitutional crisis in the state. He said, “The core issue surrounding the controversy was the Federal Go­­vernment’s failure to consult Khalid before deciding to make Mohd Khusrin the new state secretary."

However, a source close to the palace said the event may not take place due to current developments.

A top-ranking state government official also said that Mentri Besar Tan Sri Khalid Ibrahim was scheduled to have an audience with Sultan Sharafuddin on Monday and would make an announcement after the meeting.

Chief Secretary to the Govern­ment Tan Sri Mohd Sidek Hassan had earlier announced that Mohd Khusrin’s appointment would take effect from today.

Khalid accused Chief Secretary to the Government Tan Sri Sidek Hassan today of sabotaging the state with the appointment of new state secretary.

Khalid insisted that the appointment of Datuk Mohd Khusrin Munawi is unconstitutional and that Sidek should have consulted the state government.

In a statement, Khalid said,

“In naming Datuk Khusrin Munawi , the chief secretary had disregarded the selection process which is in line with the civil service practice notes as prepared by the state civil service commission which seeks advice from the public civil service at the federal level.

Needless to say, Tan Sri Mohd Sidek’s acts are unconstitutional, irresponsible and unprofessional which can be construed as a political act in an attempt to sabotage the credibility of the Pakatan Rakyat Government in Selangor.

Tan Sri Mohd Sidek has sent out an unhealthy message to civil servants that merits and ability are not priorities in promoting government servants who are already facing criticisms for being ineffective and incompetent .

When he announced Datuk Khusrin’s appointment, the Chief Secretary had not only bypassed the mentri besar but he had wilfully disregarded a process which had picked the best candidates based on their ability, calibre and experience.”

Khalid has also formed a committee headed by Selangor Assembly Speaker Datuk Teng Chang Khim which had shortlisted three names that were submitted to the palace.

Palace officials have however maintained the mentri besar was “late” in forwarding his choice of candidates with Sultan Sharafuddin Idris Shah’s aide Datuk Mohamad Munir Bani saying that Khalid had sent in three shortlisted candidates on December 7, but by then the Ruler had already agreed to the federal government’s pick.

Is the Sultan of Selangor INTENTIONALLY Precipitating a Constitutional Crisis in SELANGOR?

Read here for more in Malaysian Insider

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The controversial appointment of Datuk Mohd Khusrin Munawi as the Selangor state secretary may lead to a
constitutional crisis IF the Selangor Sultan carries out a planned swearing-in ceremony for the post on January 6.

Constitutional experts argued today that the ceremony, scheduled for next Thursday, was “unlawful” as the state constitution dictates that the oath of office has to be done in front of the Selangor mentri besar, and NOT the Selangor Sultan.

The Selangor government has insisted it has the final say in deciding the state secretary, after the Selangor Sultan agreed with Putrajaya to appoint Mohd Khusrin as state secretary despite Khalid having his own list of names for the top civil service post in the country’s wealthiest state.

It is understood however that outgoing state secretary Datuk Ramli Mahmud’s official oath of office was done in the presence of Sultan Sharafuddin Idris Shah back in March 2006, during the previous Barisan Nasional (BN) Selangor government.

Karpal Singh told The Malaysian Insider:
“The Sultan has to seek legal advice from the state legal adviser before proceeding with this ceremony. On a matter like this, the Sultan acts on executive advice, His Highness cannot do it on his own.

The concern is that if the ceremony is carried out, it can be declared null and void by a court of law. This is unconstitutional, as it is not within the provisions of the state constitution.

The state constitution does NOT allow for this.

It could lead into a constitutional crisis because it is not in line with the state constitution... but I hope this does not happen, that is why the Sultan must be extra careful before going through with this,”

I am actually looking at the laws right now... I have been asked to help on behalf of the MB.

The act of the Sultan can be taken up in a court of law.”
The veteran lawyer revealed that he had been asked by Selangor Mentri Besar Tan Sri Khalid Ibrahim to look into the legal aspects of the matter personally.

Article 52 (4) of the Selangor state constitution stipulates that the state secretary “shall take and subscribe in the presence of the Mentri Besar the following oath of secrecy.”

There is no mention that the state secretary’s oath of office has to be done in the presence of the Sultan.

Constitutional expert Prof A. Aziz Bari claimed that the swearing-in ceremony of the state secretary in front of the Selangor Sultan was a “new practice,” saying that he was not aware that such a ceremony existed.

Aziz said,
“As far as I know this is the first time such a ceremony is being held, even though I feel that it is only an official function and such a ceremony is not needed.

There is NOTHING in the state constitution which supported the basis for the planned ceremony.

I don’t think this logic can be used, it is like a state assembly Speaker not having the power to take action against state lawmakers, but the Parliament Speaker being able to do otherwise.”
The political secretary to the Selangor MB, Faekah Husin, confirmed today that the MB’s office received invitation letters for the January 6 ceremony three days ago.

Khalid has himself indicated that he will not accept Mohd Khusrin as Selangor’s new state secretary.

During a solat hajat function last night at his residence in Shah Alam, the Selangor MB had stressed that he still had the option to not accept Mohd Khusrin by not agreeing to him taking the oath of secrecy.

PAS MP Khalid Samad told The Malaysian Insider:
“If Mohd Khusrin does not take the oath of secrecy in front of the MB, then he cannot perform his duties as state secretary fully.

He cannot attend state exco meetings or be privy to state secrets.

Sure he will be state secretary in name but not by duty. MB is implying that this is the option Selangor has, to not allow the state secretary to angkat sumpah (take the oath)."

The Shah Alam MP was among those present during Khalid’s function last night, where the Selangor MB made his first public statement on the matter.

The Chief Secretary to the Government announced on Monday Mohd Khusrin’s promotion to replace Ramli, who leaves on December 31.