Wrong Malaysia Boleh Spirit

KJ John Oct 31, 06 12:11pm
(The following article that i think good to share with everyone)

Recently, I have been very bothered by the lack of respect for the system ofrule of law enshrined in the Rukunegara and premised on principles ofnationhood or Merdeka, as agreed in the 1957 social contract.

The Rukunegara frames and undergirds one core set of principles in oursystem of constitutional governance. But, of late, the 'close one-eye'culture has become a way of life in the governance of Malaysia, especiallyat local level.

It began with a MP asking the Customs department to close one eye over hisbusiness interests. Then we had the Inspector-General of Police agreeingthat the police can close an eye and settle compounds on the basis ofplea-bargaining. Mat Rempit break the law at whim, killing innocents in theprocess.

Now we have municipal councillors who build mansions like little kings, withtotal disregard for the very council in which they serve. Those who make thelaw seem to be above the laws they make.

Reggie Lee's cartoon (The Star, Oct 24) captured the very essence of my deepconcern. It said: 'First we had Mat Rempit, now we have Mat Build it.Malaysia Boleh' (with an illustration of the two illegal mansions built byKlang councillors).

My question: where is our concern for adherence to the rule of law headed?If all it takes is for one to pay 10 times the value of the application fee,what we are actually saying is that you can break the law; only be preparedto pay a fine. In fact a citizen wrote that we could perhaps do away withthe need for applications and invite all residents to build now and paylater.

If you follw the logic of the second councillor, breaking such rules isperfectly okay and legitimate. Mr Selangor Menteri Besar (MB), do you reallymean that this is your government's policy on adherence to the law, asexemplified by your two councilors?

Then can we go on to say all that Mat Rempit need to do is to pay a fine andthey can be excused for breaking the law? Where is the Attorney-General andwhat has happened to prosecution? Is the role of the state legal advisoronly to give wrong advice to the government?

No wonder we get multiple mixed signals about governance and messages whichare open to multifarious interpretations. Anything is okay so long as apolitician says so.

The prime minister has said no one should break the law. The MB even said noone is above the law, but then went on to say that there is no law statingthat law-breakers cannot be appointed to a local council. The deputy premiersaid the matter of 'the family of councillors' needs to be looked into as itmay promote an unintended practice and an undesirable corporate culture.

The people of Klang are flabbergasted to say the least, as they are beingtaken for a ride. The PM has left it to the MB to take appropriate actionagainst the law-breaker, but surely this cannot simply be a token fine forbreaking the law, especially when utter disregard has been shown for boththe law and due process of compliance with the law. All the more so if oneis a councillor, as per the Selangor Sultan's statement. Is this the kind orquality of leadership by example we are promoting in the so-called'developed' state?

Disregard for law

Thankfully that is not the end of the story in Selangor. I am appreciativeof the Sultan who has delivered the strongest rebuke to date for suchblatant disregard and disrespect for the law.

The Star report by Wong Chun Wai quoted a source reflecting the Sultan'sviews: "Tuanku is deeply disappointed at what has taken place and hecertainly cannot accept leaders in the state who have committed offences orshowed disregard for the law. As elected representatives, Tuanku expectsthem to demonstrate exemplary behaviour."

I can only agree 100 percent with this well stated view. Leadership in thestate that does not respect the law and worse still shows overt disrespectand contempt for the principle of rule of law must not remain part ofleadership, of which the Sultan is the head.

Daulat Tuanku, for your statement; only with such foresight and values canwe fully preserve our version of constitutional monarchy. The Thai monarchyhas consistently demonstrated that the institution of the monarch has aclear and unmitigated role to maintain and preserve the interests of thepeople even against democratically elected governments, if f they violatethe unwritten and God-ordained principles of honesty and sincerity.

Back to the Rukunegara principles of belief in God, loyalty to king andcountry, upholding the constitution, rule of law, and good behavior andmorality. How can anyone in Malaysia claim to be a leader if they violateany of these principles?

With due respect to the Klang councillor and his rags-to-riches background,the illegal construction of a mansion clearly demonstrates the violation ofALL the Rukunegara principles. Allow me to clarify.Our belief in God makes it a preamble to follow God-made and man-made rulesand regulations in any system of administration that is legally constituted.Therefore breaking local government rules is tantamount to violating thefaith in the God that we espouse. And this is especially so if you are anappointed councillor and a steward of good governance. It is never aquestion of whether it is a small law or a big law; it is the very act ofviolation that makes it wrong by evidence. Intentions are made evidentthrough actions.

At state level, the Ruler is the constitutional monarch. When one breaks thelaw, one shows disloyalty to both the Sultan and the nation-state.

The Federal Constitution is the national set of rules and regulations. TheLocal Government Act is the federal law that specifies the appointment ofcouncillors, who must also enjoy the favour of the state ruler, I believe.How can the MB then say that there is no law that disallows law-breakers tobe appointed? Immorality is surely a moral law also.

Even if the MB is badly counselled regarding the federal law, surely heknows the simple criteria for good behaviour and morality. Any kid inprimary school will know that you cannot elect the worst law-breaker or themost undisciplined kid in class as class monitor. Does the MB need theSultan to re-educate him on this subject?

Lack of integrity

I sincerely hope the MB will recognise that he is also currently underobservation for good behaviour and morality. As a citizen who voted forBarisan Nasional in the 2004 election, I am observing the MB to see if hisleadership meets the ground rules of good stewardship of the so-calleddeveloped status he claims to have engineered. Unfortunately, he has failedto date to convince me of the same.

This event is one more marker of the latitude the PM has given him to do theright thing. In the rape of Bukit Cahaya, the MB was chairperson of one ofthe companies that violated the law, but it was let off with a minimal fine.I hope the MB is not tempted to do the same in this case.

We know that he appointed the councillor who is a strongman of Umno Klang,but the core issue is directly related to leadership by example, as theSultan has pointed out. Unilateral and blatant violation of all theprinciples of the Rukunegara cannot be surely justified even if theappointee is chairperson of of Umno Selangor.

I hope the MB realises that more is at stake here than merely poorleadership in the Klang council, headed by a president who saw no evil,heard no evil and spoke no evil until The Sun shone on this with aphotograph of the illegal mansion.

The real and core issue is about the quality and calibre of people chosen torepresent the interests of ordinary taxpayers and law-abiding citizens inKlang. The truth of the matter is that in the matter of governance of theKlang council, the councillors are also the 'legislators'. How then can theyinclude law-breakers?

It goes to the heart of integrity of leadership of the state. I am thankfulthat the Sultan has highlighted this issue of uprightness.I wonder what the Attorney-General and ACA chief think of all this. How dida railway gatekeeper build a mansion costing at least RM3 million, excludingfurnishings?If he has not paid assessment rates, shouldn't the Inland Revenuedirector-general pull out his files to review what kind of taxes this people's representative has been paying?

It is time to get rid of bribery and corruption as the grassroots. Toordinary citizens it is becoming increasingly aware that we cannot trustpoliticians who say one thing and do another.That is a clear indication of the lack of integrity.

Mr MB, do you stillhave any doubts?____Nazri: Umno members are immune to graft laws

http://www.malaysiakini.com/news/58901__

__http://thestar.com.my/news/story.asp?file=/2006/11/1/nation/15878918&sec=nation

Councillor Faizal also blames it on his architect

Wednesday November 1, 2006KLANG:
It is the architect's fault.

Faizal Abdullah, a councillor from the Klang Municipal Council, gave thesame excuse as his fellow councillor and Port Klang state assemblyman DatukZakaria Md Deros for building a bungalow without obtaining prior approvalfrom the local authorities.

Faizal openly apologised for his misdeed.

"Yes, it is my mistake for not submitting the building plans beforeconstructing the house," Faizal said, when contacted yesterday after it wasrevealed that a property under his name in Jalan Melikai, Kampung Raja Udahere, had been slapped with a stop-work order from the council.

"With a sincere heart, I apologise to the people of Klang, Selangor MentriBesar Datuk Seri Dr Mohd Khir Toyo and council president Abdul Bakir Zin,"said Faizal."Being a businessman, I was pressed for time and left it to the architect todo the necessary applications. He failed to do so."

The council had issued stop-work orders on three properties belonging tolocal VIPs, after checks showed the council had not approved theirconstruction. The properties - all bungalows - belong to Zakaria, Faizal anda third councillor, Datuk Mazlynoor Abdul Latiff.

Council president Abdul Bakir Zin had repeatedly reminded Zakaria, Faizaland Mazlynoor to submit the building plans for their bungalows after hefound out they had not done so prior to constructing the properties.

On the bungalow under construction in Kampung Raja Uda, Faizal said he wasentrusted with rebuilding the house belonging to his father-in-law, SelangorSpeaker Tan Sri Onn Ismail. The house needed to be torn down and rebuiltbecause it was termite-infested and the wiring was old.

The second Klang Municipal Councillor caught building his house in KampungRaja Uda in Klang without approval.Faizal said he regretted that his architect had taken things easy."

When I questioned him, he told me plans were not in yet. He even told methat he assumed he could start work first without the necessary approvalsbecause I was a councillor and I could get the matter sorted out later," hesaid."

I was shocked when he said such things. Even though I am a councillor, noone is above the law. I directed him to quickly get things in order."

Faizal added that the architect had gone to the council's planningdepartment on Monday to sort things out.

"Please give me and my architect until the end of this week to submit theplans and settle the fine," said Faizal, who is Selangor Umno Youthvice-chairman and Kapar Umno Youth chief
.____Photo of Faizal's house:
http://thestar.com.my/archives/2006/11/1/nation/n_01faizal.jpg
Photo of Zakaria's house:
http://thestar.com.my/archives/2006/11/1/nation/n_01zakaria.jpg
Photo of Mazlynoor's "SMALL" house:
http://thestar.com.my/archives/2006/11/1/nation/n_01mazlynoor.jpg