KUASA SULTAN

The Star Online > Nation Monday August 13, 2007

Sultan expresses concern over host of issues

SHAH ALAM: Immediate action must be taken to check corruption,
bureaucratic red tape, race problems, religious intolerance, the brain
drain and crime, the Sultan of Selangor said. Sultan Sharafuddin Idris
Shah said Malaysia had achieved tremendous progress over the last 50
years. Describing Malaysia as a blessed country, he said the people
certainly had much to be thankful for but should not rest on their
laurels as Malaysians also needed to take stock of what the country
needed to do in the next 50 years. "Corruption is still a problem,
which the people are very concerned about, and more effective action
needs to be taken," he said. Describing corruption as a cancerous
cell, the Sultan said if graft could not be wiped out, it should be
checked effectively. He also took to task government agencies that
continued to slow down approvals for foreign investors, saying the
lackadaisical attitude of some government servants had affected the
investment momentum.
"They must change their mindset because delays mean escalating costs and
lost job opportunities, which may even lead to corrupt practices," he
said. The Sultan said he was upset because the mindset of some people
had not changed, saying he feared investors may move to neighbouring
countries which were very competitive in attracting investors.
Selangor, he said, was one of the country's most important states and he
needed to emphasise this. In a strongly worded interview, the Sultan
said he had given Mentri Besar Datuk Seri Dr Mohamed Khir Toyo a deadline
for applications after the end of an investment promotion trip. He
acknowledged the Federal Government had set up the Special Task Force to
Facilitate Business (Pemudah) to fast-track procedures and transactions
between the Government and private sector. "That is good but more
needs to be done because the feedback from investors is that there is a
greater need for a bigger push. Time waits for no one. We do
not want investors to be discouraged from investing in Malaysia, as our
neighbouring countries would also be willing to accept them." The
Sultan also expressed his concern over the country's brain drain, saying
talented young people were leaving the country. "No one, irrespective
of his race, should be denied any opportunities. I am sad to see good
people being lost to other countries," he said. He said Singapore was
the greatest benefactor and that even the Singapore National Library was
designed by a Malaysian. In another case, he said, a highly qualified
Malaysian academic was not accepted by local universities but was invited
by the National University of Singapore to head a department. The
Sultan feared talent from the tourism and hospitality sectors would be
affected when the island republic's integrated entertainment resorts
opened. On race relations, he called for the young to have friends
from other races, saying this was important. He said
Tunku Abdul Rahman was very particular about national unity and as the
nation celebrated Merdeka, no one should forget his legacy of insisting
on racial harmony. The Sultan urged the people in Selangor to reject
any form of racial and religious intolerance. "Islam respects other
religions and other religions must also respect Islam," he said, adding
multiracialism must be instilled at primary school level. "If there is
a need to re-evaluate our school system, then our authorities must do so
to promote better racial harmony," he said. On crime, he said the
police needed support from the people as they lacked manpower and
facilities to fight crime. The Sultan said he had asked the Selangor
state government to install more CCTVs as a way to check crime. He
said he was aware Selangor had the highest crime rate because of the
influx of people from other states and foreigners to work in the state.
On the environment, he said the state had planted over a
million trees while the palace had committed itself to planting 5,000
trees on its grounds. "The environment is our concern and will remain
so. Tree replanting is essential," he said, adding that tree-planting
efforts in Bukit Jelutong were commendable. The Sultan said he was
also upset with the use of his name by unscrupulous people for securing
state awards or low-cost houses. "I am disheartened by such people
because Selangor does not sell state awards, that is clear, even to the
people. "But I am glad that the people in Selangor have taken the
trouble to call the palace to verify claims from such dishonest people,"
he said. The Sultan said the people could call his private secretary
Datuk Mohamed Munir Bani at 03-5519 4242 or e-mail
istanamastika@yahoo.com to check. He said the palace believed in
transparency and would be pleased to get feedback from the rakyat on
developments in Selangor.

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KUASA SULTAN

The Star Online > Nation Monday August 13, 2007

Sultan expresses concern over host of issues

SHAH ALAM: Immediate action must be taken to check corruption,
bureaucratic red tape, race problems, religious intolerance, the brain
drain and crime, the Sultan of Selangor said. Sultan Sharafuddin Idris
Shah said Malaysia had achieved tremendous progress over the last 50
years. Describing Malaysia as a blessed country, he said the people
certainly had much to be thankful for but should not rest on their
laurels as Malaysians also needed to take stock of what the country
needed to do in the next 50 years. "Corruption is still a problem,
which the people are very concerned about, and more effective action
needs to be taken," he said. Describing corruption as a cancerous
cell, the Sultan said if graft could not be wiped out, it should be
checked effectively. He also took to task government agencies that
continued to slow down approvals for foreign investors, saying the
lackadaisical attitude of some government servants had affected the
investment momentum.
"They must change their mindset because delays mean escalating costs and
lost job opportunities, which may even lead to corrupt practices," he
said. The Sultan said he was upset because the mindset of some people
had not changed, saying he feared investors may move to neighbouring
countries which were very competitive in attracting investors.
Selangor, he said, was one of the country's most important states and he
needed to emphasise this. In a strongly worded interview, the Sultan
said he had given Mentri Besar Datuk Seri Dr Mohamed Khir Toyo a deadline
for applications after the end of an investment promotion trip. He
acknowledged the Federal Government had set up the Special Task Force to
Facilitate Business (Pemudah) to fast-track procedures and transactions
between the Government and private sector. "That is good but more
needs to be done because the feedback from investors is that there is a
greater need for a bigger push. Time waits for no one. We do
not want investors to be discouraged from investing in Malaysia, as our
neighbouring countries would also be willing to accept them." The
Sultan also expressed his concern over the country's brain drain, saying
talented young people were leaving the country. "No one, irrespective
of his race, should be denied any opportunities. I am sad to see good
people being lost to other countries," he said. He said Singapore was
the greatest benefactor and that even the Singapore National Library was
designed by a Malaysian. In another case, he said, a highly qualified
Malaysian academic was not accepted by local universities but was invited
by the National University of Singapore to head a department. The
Sultan feared talent from the tourism and hospitality sectors would be
affected when the island republic's integrated entertainment resorts
opened. On race relations, he called for the young to have friends
from other races, saying this was important. He said
Tunku Abdul Rahman was very particular about national unity and as the
nation celebrated Merdeka, no one should forget his legacy of insisting
on racial harmony. The Sultan urged the people in Selangor to reject
any form of racial and religious intolerance. "Islam respects other
religions and other religions must also respect Islam," he said, adding
multiracialism must be instilled at primary school level. "If there is
a need to re-evaluate our school system, then our authorities must do so
to promote better racial harmony," he said. On crime, he said the
police needed support from the people as they lacked manpower and
facilities to fight crime. The Sultan said he had asked the Selangor
state government to install more CCTVs as a way to check crime. He
said he was aware Selangor had the highest crime rate because of the
influx of people from other states and foreigners to work in the state.
On the environment, he said the state had planted over a
million trees while the palace had committed itself to planting 5,000
trees on its grounds. "The environment is our concern and will remain
so. Tree replanting is essential," he said, adding that tree-planting
efforts in Bukit Jelutong were commendable. The Sultan said he was
also upset with the use of his name by unscrupulous people for securing
state awards or low-cost houses. "I am disheartened by such people
because Selangor does not sell state awards, that is clear, even to the
people. "But I am glad that the people in Selangor have taken the
trouble to call the palace to verify claims from such dishonest people,"
he said. The Sultan said the people could call his private secretary
Datuk Mohamed Munir Bani at 03-5519 4242 or e-mail
istanamastika@yahoo.com to check. He said the palace believed in
transparency and would be pleased to get feedback from the rakyat on
developments in Selangor.

----------------------------------------------------------------
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Kisah-1

Ketika belajar di Universiti Kebangsaan Malaysia, Salleh (bukan nama

sebenar) telah bertemu jodoh dengan isterinya Siti Rahmah (bukan nama

sebenar). Salleh mengambil jurusan kejuruteraan manakala Siti Rahmah

mengambil bidang perakaunan. Sekarang mereka telah 15 tahun berkahwin
dan

dikurniakan Allah dengan 7 orang anak. Beberapa bulan yang lepas saya

berkunjung ke rumah Salleh di Kajang. Kebetulan pada pagi Ahad itu
selepas

solat Subuh di Masjid Kajang saya bertemu dengan Salleh. Dia terus
mengajak

saya ke rumahnya. Dia menyewa rumah teres setingkat tidak jauh dengan

Masjid.

Saya mengenalinya sejak hampir 10 tahun yang lalu. Pagi itu tidak sedar

kami telah berbual-bual hampir lima jam. Saya ingin berkongsi tentang

keluarga Salleh ini yang pada saya satu contoh keluarga yang mendapat

keberkatan Allah.

1. Salleh bekerja makan gaji dan pendapatan bersihnya sebulan kurang
dari

RM3000.

2. Isterinya adalah anak sulung, walaupun berkelulusan ijazah namun
menjadi

suri rumah sepenuh masa atas kehendak Salleh. Sebagai penghargaan
kerana

isterinya sanggup tidak bekerja, Salleh memberikan RM300 sebulan kepada

ibu-bapa mertuanya setiap bulan.

3. Di samping itu Salleh juga memberi kepada ibunya di kampung RM200

sebulan. Bapa Salleh telah meninggal dunia.

4. Dia memiliki Toyota Unser dengan ansuran RM500 sebulan.

5. Dia membayar rumah sewa RM400 sebulan.

6. Di rumahnya serba lengkap dengan perabot (TV, Peti Sejuk, Mesin
Basuh,

Set Sofa) serta teratur dan kemas.

7. Pelik tetapi benar, bil elektrik dirumahnya kurang dari RM20 sebulan

sedangkan jirannya tidak pernah kurang dari RM60. TNB dah buat
pemeriksaan

bahawa meter di rumahnya tidak rosak. Begitu juga dengan bil air kurang

dari RM10 sebulan.

8. Empat orang anaknya dihantar ke sekolah agama integrasi.

9. Bayangkan dia boleh hidup dengan Selesa walaupun gajinya kecil jika
di

nisbahkan dengan keluarganya yang agak besar.

Sejak berkawan dengannya ada beberapa perkara yang saya lihat jadi
amalan

dia yang patut di contohi;

1. Solat Duha menjadi amalan hariannya walaupun ketika pergi outstation

2. Solat Istikharah menjadi suatu amalan walaupun nak membeli benda
yang

kecil seperti nak membeli mesin basuh.

3. Sering membaca Surah Al-Waqiah

4. Tidak terlibat langsung dengan sistem Riba. Dia menggunakan Kredit
Kad

Bank Islam. Pinjaman kereta pun menggunakan sistem pinjaman Islam.

5. Buat baik kepada Ibu bapa dan Ibu Bapa mertuanya.

6. Suka menolong orang dan memberi derma

7. Semua anak-anaknya mempunyai akhlak yang baik dan jarang kena
sebarang

penyakit.

8. Dia dah empat tahun menggunakan Toyota Unser, sekali pun tidak
pernah

rosak atau menyusahkan nya.

9. Segala masalah yang dihadapi dapat diselesaikan dengan mudah dan
cepat.

Kisah-2

Ketika saya bujang dahulu saya sering menziarahi kawan saya, Norizam
(bukan

nama sebenar) yang tinggal di Masai Johor. Pada hari Ahad itu saya
sampai

di rumah Norizam selepas waktu Asar. Norizam memperkenalkan Abang dia,

Rashid (bukan nama sebenar) yang baru sampai dari Kuala Lumpur. Rashid

berkunjung ke rumah Norizam kerana untuk menghadiri temuduga pada pagi

Isnin di Johor Baru.

Kawan saya Norizam ini, dalam beberapa hal dia tidak berpuas hati
dengan

abangnya. Kadang kala saya tidak suka mendengar dia merungut tentang

abangnya. Petang itu Norizam merungut lagi iaitu abangnya datang untuk

temuduga kerja sebagai Pengurus Besar (General Manager). Gaji Rashid

sekarang ialah RM10,000 sebulan. Katanya tidak mencukupi. Dia akan
minta

gaji sebanyak RM14,000 sebulan untuk tempat baru ini.

Saya pun berasa hairan gaji RM10,000 sebulan tidak mencukupi sedangkan

hanya mempunyai dua orang anak sahaja. Beberapa tahun kemudian baru
saya

tahu kenapa gaji abangnya RM10,000 tidak mencukupi. Ini ada kaitan
dengan

tiada keberkatan hidup.

Perkara-perkara yang pada pandangan saya menyebabkan Rashid jadi susah

ialah seperti berikut;

1. Banyak sangat terlibat dengan sistem Riba. Pinjaman Kereta, Kad
Kredit,

Pinjaman Rumah, Akaun Simpanan semuanya Sistem Konvensional (Riba)

2. Menggunakan banyak kad kredit konvensional kemudian bayar pokok
sahaja.

Bermakna memakan riba yang berterusan.

3. Sering bertukar kereta sebab kereta selalu bermasalah walaupun
kereta

baru (Masalah kena curi dan kemalangan jalan raya)

4. Sering bertengkar dengan isteri.

5. Isteri sering masuk hospital kerana penyakit misteri.

6. Anak perempuan sulungnya yang di tingkatan tiga kena tangkap basah.

7. Suka menengking jika ada orang mintak derma.

8. Soal sembahyang lima waktu dipandang sebelah mata sahaja.

Kedua-dua kisah ini adalah sesuatu yang lumrah berlaku di sekeliling
kita.

Kadang kala kita tidak sedar langsung atau tidak menghiraukan langsung

untuk mencari keberkatan hidup.

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We are embroiled in a Constitutional Crisis

Yes, we are embroiled in a Constitutional Crisis
Raja Petra Kamarudin

Seri Paduka Baginda Yang di-Pertuan Agong Tuanku Mizan ibni Al-Marhum
Sultan Mahmud Al Muktafi Billah Shah has already been unofficially
informed that Malaysia Today is garnering online signatures to
support a ten-point Peoples' Petition (Petisyen Rakyat) appealing for
Tuanku to intervene and rectify the very troubling and extremely
alarming state of affairs in this country. And Tuanku has also been
told that thus far we have obtained about 10,000 signatures, to which
Tuanku sighed and retorted that this is going to be another
responsibility he has to take care of.

We are due to officially submit the petition to Tuanku a week or so
before Hari Raya. Nevertheless, since Istana Negara comes under the
Prime Minister's Department, the powers-that-be can of course deny us
access to The Agong. That, in fact, happened back in November 1999.

Soon after Parliament was dissolved in November 1999, I tried to meet
The Agong, who at that time was the Sultan of Selangor. The purpose
of my request to meet The Agong was to hand him a letter expressing
our anxiety at what could possibly happen in the event Barisan
Nasional lost its two-thirds majority in the 29 November 1999 general
election -- or worse, if Barisan Nasional garnered less that 50% of
the seats in Parliament. This anxiety was certainly not misplaced as
had been proven in the Sabah episode when two Chief Ministers were
sworn in and finally, through the intervention of Kuala Lumpur,
Pairin Kitingan was declared the legitimate Chief Minister and PBS
ended up forming the State Government. History has shown this can and
has happened and therefore history could be repeated on the morning
of 30 November 1999 if we did not take precautions.

What we were concerned about (and don't ask me who the "we" are) is
that in the event Barisan Nasional, say, won 49% of the Parliamentary
seats and the four opposition parties (PAS, DAP, PKN and PRM) won 51%
of the seats, a Barisan Nasional Prime Minister could still be sworn
in to form the government. This is because Barisan Nasional, though a
coalition of 14 political parties, is a legally registered coalition;
whereas PAS, DAP, PKN and PRM were a 'loose' coalition that was not
legally registered. Therefore, say, PAS won 20% of the seats, DAP
15%, PKN another 15%, and PRM 1%, Barisan Nasional, at 49%, would
still be considered the largest minority and therefore its 49% would
beat PAS' 20%, DAP's 15%, PKN's 15% and PRM's 1%.

In short, Barisan Nasional would be regarded as one party winning 49%
of the seats and not 14 parties winning 49% while the four opposition
parties would be considered as four parties winning lesser seats than
Barisan Nasional and not one party winning 51%. So, Barisan
Nasional's collective 49% would beat the four opposition parties if
their seats are looked at individually instead of collectively.

The letter we wanted to hand to The Agong was signed by the four
opposition leaders -- Fadzil Noor, Lim Kit Siang, Dr Wan Azizah Wan
Ismail, and Dr Syed Husin Ali -- agreeing to combine all the seats
the four opposition parties were to win so that they could be treated
as a block just like the Barisan Nasional seats. On Thursday night, I
sent the letters to the four opposition leaders who were campaigning
all over the country with instructions to the couriers that the
letters must be returned by dawn. We sent two cars to each leader in
case one car broke down or got involved in an accident -- or in case
they get ambushed along the way. We also did not reveal which car was
carrying the letter in case....well, you know in case what.

The next morning I got the four letters back and around noon that
Friday I rode to the Istana Negara on my Yamaha Virago but was not
allowed into the palace. I explained that I am The Agong's nephew and
wanted to see Tuanku about a family matter. The palace official told
me that they are under strict instructions from the Prime Minister's
Department that no one gets to meet The Agong until after the general
election, not even family members. I phoned two of The Agong's sons,
my cousins, and tried, through them, to get to meet Tuanku. They told
me that even they, Tuanku's own sons, can't get access to The Agong.
I had no choice but to hand the letter to the palace official with
instructions that the letter be personally handed to The Agong. I
then went for my Friday prayers.

I went back to the office at 2.30pm and, lo and behold, there was a
letter waiting for me in the fax machine, the fastest response ever
from the government and which should have made the Book of Records.
It was a letter from the Prime Minister's Department turning down my
request to meet The Agong with instructions to try again after the
general election. Realising that Barisan Nasional was thinking
exactly what we were thinking and that they had pre-empted our every
move, we took steps to hire a helicopter and placed it on standby. In
the event the four opposition parties do win 51% or more of the
Parliamentary seats, the helicopter would take to the air and pick up
the four opposition leaders and drop them onto the lawn of the Istana
Negara so that they can get sworn in to form the new government;
beating Barisan Nasional to it like what Haris Salleh did to Pairin
in Sabah.

But, again, Barsian Nasional pre-empted this. The Agong was not in
the Istana Negara but was safely hidden in Langkawi where we could
not get to him. Invariably, The Agong was well-guarded and not even
his own sons could get to him. Anyway, that is all academic now.
Barisan Nasional managed to win two-thirds of the seats though it won
only 54% of the votes. So it did not matter any longer whether we
could reach The Agong or not.

Expect, therefore, that we may again get blocked and may not be able
to personally meet The Agong to hand Tuanku our Peoples' Petition. At
best they might just allow us to meet a palace official like what
happened to PAS yesterday when all they managed to meet was the
Penyimpan Mohor Besar Raja-Raja Melayu, Tan Sri Engku Ibrahim Engku
Ngah. Nevertheless, this is good enough as this would still be
regarded as official and would be as good as personally handing the
petition to The Agong. And that is why Malaysia Today chose to
conduct an online petition. Other than making this easier for all to
sign, an online petition would be public knowledge and even if they
block us from personally handing the petition to The Agong, they will
not be able to block knowledge of the petition. This means The Agong
will know about it even if the hardcopy version does not reach him.

Yes, November 1999 taught us a thing or two and it is not that easy
to do us in a second time.

Now, some have asked me: what can The Agong do? Sure, The Agong
receives our petition. But what can The Agong do about it when the
Rulers have no power? Undeniably, those who ask this question have
not read the Federal Constitution of Malaysia or do not even realise
that we have one. Even those who are aware of the Constitution point
out that Article 43 of the Constitution forbids The Agong from
interfering in the running of the government. The Agong, they argue,
can only act on the advice of the Prime Minister. Actually, that is
not quite true.

Article 43 (1) says: The Yang di-Pertuan Agong shall appoint a Jemaah
Menteri (Cabinet of Ministers) to advise him in the exercise of his
functions.

Note that it says the Cabinet is 'to advise him in the exercise of
his functions'. It says 'advise' and this is the one word that has
been wrongly interpreted as The Agong receives instructions from the
Cabinet. If they had meant for The Agong to receive instructions from
the Cabinet then Article 43 (1) would have used the word 'instruct'
and not 'advise'.

Now, look at Article 43 (1) (a) that says: The Yang di-Pertuan Agong
shall first appoint as Perdana Menteri (Prime Minister) to preside
over the Cabinet a member of the House of Representative who in his
judgment is likely to command the confidence of the majority of the
members of that House.

Note that Article 43 (1) (a) says that The Agong shall appoint as
Perdana Menteri 'a member of the House of Representative'. It does
not say that the Perdana Menteri must be the President of Umno or the
Chairman of Barisan Nasional. The only criterion for the appointment
of the Perdana Menteri is: 'who in his judgment is likely to command
the confidence of the majority of the members of that House'.

Note that part again: 'who in his judgment is likely to command the
confidence of the majority of the members of that House'. What
happens if The Agong, in his judgement, feels that the Perdana
Menteri is UNLIKELY to command the confidence of the majority of the
members of that House? In other words, what happens if 111 Members of
Parliament pass a vote of no confidence in Parliament? Would The
Agong then not, in his judgment, form an opinion that the Prime
Minister no longer commands the confidence of the majority of the
members of that House?

Okay, you may argue that this is in theory only and in practice could
never happen. We can never see the day when 111 Members of Parliament
will stand up in Parliament and pass a vote of no confidence against
the Prime Minister, you might say. Never mind! Even if you think that
in practice this will never happen, what is important is that in
theory it is possible and it will be perfectly legal to do so, and
The Agong, according to the Constitution, can intervene and remove
the Prime Minister. And it is not treasonous to talk about it or
actually do it because the Constitution provides for it.

What is even more interesting is Article 43 (4) of the Federal
Constitution that says as follows: If the Prime Minister ceases to
command the confidence of the majority of the members of the House of
Representatives, then, unless at his request the Yang di-Pertuan
Agong dissolves Parliament, the Prime Minister shall tender the
resignation of the Cabinet.

Yes, once 111 Members of Parliament pass a vote of no confidence on
the Prime Minister, he (plus the entire Cabinet) has to resign,
unless the Prime Minister asks The Agong to dissolve Parliament --
which means we shall then have fresh elections (and later I will show
you that The Agong can refuse to dissolve Parliament even if the
Prime Minister asks him to).

This continues in Article 43 (5) which says: Subject to Clause (4),
Ministers other than the Prime Minister shall hold office during the
pleasure of the Yang di-Pertuan Agong, unless the appointment of any
Minister shall have been revoked by the Yang di-Pertuan Agong on the
advice of the Prime Minister but any Minister may resign his office.

In short, while the Prime Minister must resign, if it pleases The
Agong, the Cabinet Ministers can stay in office.

Now, let us look at a hypothetical situation. Say 111 Members of
Parliament secretly meet The Agong or send him a petition saying that
they have lost confidence in the Prime Minister, although no official
vote of no confidence has been tabled in Parliament, this can also be
regarded as the majority of the Members of the House having lost
their confidence in the Prime Minister and The Agong can act on that.

Okay, now let us look at Article 32 (1): There shall be a Supreme
Head of the Federation, to be called the Yang di-Pertuan Agong, who
shall take precedence over all persons in the Federation and shall
not be liable to any proceedings whatsoever in any court.

And Article 32 (2) says: The Consort of the Yang di-Pertuan Agong (to
be called the Raja Permaisuri Agong) shall take precedence next after
the Yang di-Pertuan Agong over all other persons in the Federation.

In short, The Agong is the Supreme Head of Malaysia while his consort
is The First Lady who 'takes precedence next after the Yang di-
Pertuan Agong over all other persons in the Federation'. Maybe the
New Straits Times can stop calling Jeanne Danker The First Lady as
this goes against our Constitution.

The Agong's supreme power is further clarified in Article 39 which
says: The executive authority of the Federation shall be vested in
the Yang di-Pertuan Agong and exercisable, subject to the provisions
of any federal law and of the Second Schedule, by him or by the
Cabinet or any Minister authorised by the Cabinet, but Parliament may
by law confer executive function on other persons.

The icing on the cake is of course Article 40a.

40a. (1) In the exercise of his functions under this Constitution or
federal law the Yang di-Pertuan Agong shall act in accordance with
the advice of the Cabinet or of a Minister acting under the general
authority of the Cabinet, except as otherwise provided by this
Constitution; but shall be entitled, at his request, to any
information concerning the government of the Federation which is
available to the Cabinet.

40a. (2) The Yang di-Pertuan Agong may act in his discretion in the
performance of the following functions, that is to say:
(a) the appointment of a Prime Minister;
(b) the withholding of consent to a request for the dissolution of
Parliament;
(c) the requisition of a meeting of the Conference of Rulers
concerned solely with the privileges, position, honours and dignities
of Their Royal Highnesses, and any action at such a meeting and in
any other case mentioned in this Constitution.

40a. (3) Federal law may make provision for requiring the Yang di-
Pertuan Agong to act after consultation with or on the recommendation
of any person or body of persons other than the Cabinet in the
exercise of any of his functions other than:
(a) functions exercisable in his discretion;
(b) functions with respect to the exercise of which provision is made
in any other Article.

Now, while 40a (1) says "the Yang di-Pertuan Agong shall act in
accordance with the advice of the Cabinet or of a Minister acting
under the general authority of the Cabinet", it also says "except as
otherwise provided by this Constitution". So this means The Agong can
act WITHOUT the advice of the Prime Minister wherever the
Constitution allows him to do so.

Article 40a (2) in fact allows The Agong to "act in his discretion in
the appointment of a Prime Minister". This therefore makes it
perfectly legal for The Agong to use his discretion in appointing the
Prime Minister of Malaysia. Discretion here would mean that The Agong
can do what he feels is right and if he feels that Tengku Razaleigh
Hamzah should be the Prime Minister then Tengku Razaleigh it is.

And Article 40a (3) says that "Federal law may make provision for
requiring the Yang di-Pertuan Agong to act after consultation with or
on the recommendation of any person or body of persons other than the
Cabinet in the exercise of any of his functions other than functions
exercisable in his discretion". This means two things:

1. Any person or body of persons other than the Cabinet CAN advice
The Agong; which means these other people can override the Prime
Minister.
2. But these same people who can override the Prime Minister cannot
override The Agong in cases where The Agong is allowed to exercise
his own discretion.

And finally Article 41: The Yang di-Pertuan Agong shall be the
Supreme Commander of the armed forces of the Federation. So, in
short, while Article 31 makes The Agong the Supreme Head of the
Federation, Article 41 makes him the Supreme Commander of the armed
forces. If that is not power then I don't know what is -- unless you
don't know what the word 'Supreme' means.

Now, recently, the government openly declared that Malaysia is not on
the verge of another Constitutional Crisis, 20 years after the first
two. Actually this is not true. Malaysia is not on the verge but is
already embroiled in a Constitution Crisis. But those who walk in the
corridors of power are trying to hide this fact from us. Allow me to
reveal a message I received from one of my Deep Throats in the
corridors of power. The following is self-explanatory and
demonstrates what I am trying to say:

Two names, Nik Hashim and Hashim Yusof, were given by the CJ, both
whom are 'kaki bodek', as possible candidates to replace him. Both
these candidates were rejected by the Rulers. After their
elimination, as a consolation, they were promoted to the Appeals Court.

Since the Rulers had rejected Nik Hashim and Hashim Yusof, the next
in line would be Justice Dato Abdul Hamid Mohamed and Justice Dato
Alauddin Mohd. Sherif. But the CJ does not favour these two because
they are independent-minded, apolitical and well-known for their
integrity. The CJ bypassed these two on the pretext that both are
close to retirement in a year or two.

On the Rulers' insistence, the PM and the CJ had no choice but to
accept Justice Hamid as President of the Court of Appeal and Justice
Alauddin as the Chief Justice of Malaya. Both of them were appointed
by the Agong on 5 September 2007.

On the same day of the above two appointments, a senior lawyer from
the private sector, Tan Sri Zaki Tun Azmi, 62 years old, became the
first person to be directly-appointed to the Federal Court. He is
UMNO's Legal Adviser and a member of its Disciplinary Committee plus
is Fairuz's 'kaki' from the Kedah days.

His leaving a lucrative private sector practice where he was making
millions a month in legal fees -- repeat, millions a month -- raises
questions in the minds of the members of the bench, the chattering
class, and some important MPs on both sides of the political aisle.
The speculation is that he could probably succeed Fairuz as CJ.

It is an open secret that the Prime Minister wanted a two year
extension to Fairuz's contract. But this was rejected by the Agong
and his brother Rulers. As a temporary arrangement, the PM asked the
Agong to appoint Fairuz on a three-month contract. The Agong is still
holding back his agreement on this matter.

This whole affair, yet again, shows the PM's duplicity. Here is a God-
given chance to do something about our Judiciary, which has been
systematically destroyed over the last 25 years. Instead of doing
something about it, which is what the people want, the PM is still
trying to keep the rot afloat by working with Fairuz.

It is a shame that today our Rulers have to step in to defend the
Constitution and rebuild our much-battered institutions. It is also a
sad reflection of our UMNO-led governance. You have to expose this
and do not worry about the authenticity of the information as my
information is from impeccable sources. You will be doing Malaysians
a great public service by exposing this latest Constitutional Crisis.

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Lailatul Qadr: Malam misteri yang dirindui kedatangannya

Lailatul Qadr: Malam misteri yang dirindui kedatangannya

Ustaz Zainudin Hashim
Fri | Sep 28, 07 | 10:15:10 am MYT

Tazkirah Ramadan | Umat Islam di seluruh dunia akan memasuki fasa ketiga
pelaksanaan ibadat puasa serta amal-amal ibadat sunat yang lain pada
minggu hadapan, ini bermakna sedar atau tidak, Ramadan tetap akan
meninggalkan kita buat tempoh setahun.

Apa yang perlu sama-sama kita ingatkan antara satu sama lain, ialah
kenangan positif yang kita kecap sepanjang berada dalam bulan Ramadan,
iaitu bulan yang dipenuhi dengan segala macam keberkatan, rahmat,
keampunan Ilahi serta program-program yang dapat membebaskan diri
daripada api neraka.

Itulah bulan yang banyak memberi kita peluang untuk mendapatkan rahmat
Allah, keampunan-Nya dari segala kesalahan yang telah kita lakukan
sebelum ini, memohon kepada-Nya agar diri kita, keluarga serta anak-anak
bebas daripada siksaan api neraka.

Masa yang paling sesuai untuk kita lakukan kesemua itu adalah di tengah
malam, di ketika ramai manusia sedang seronok tidur dan mungkin juga
sebahagian mereka sedang menonton rancangan kesukaan mereka, kerana pada
waktu itu suasana hening menyelubungi manusia, justeru waktu itu juga
amat berkesan untuk menyatakan rasa hati kepada Maha Pencipta.

Apatah lagi pada malam akhir-akhir di bulan Ramadan, terdapat satu malam
yang disebut oleh Allah SWT dengan jelas sebutan namanya yang mulia dalam
satu surah yang pendek, malam yang diturunkan padanya kitab suci al-Quran
sebagai petunjuk kepada manusia menuju jalan kebenaran dan keselamatan di
dunia dan akhirat, iaitulah malam yang sangat dikenali dengan Lailatul
Qadr - atau diterjemahkan sebagai malam takdir.

Dalam al-Quran, Allah SWT berfirman yang bermaksud: "Sesungguhnya Kami
telah menurunkan (Al-Quran) ini pada Malam Lailatul-Qadar, Dan apa
jalannya engkau dapat mengetahui apa dia kebesaran Malam Lailatul-Qadar
itu? Malam Lailatul-Qadar lebih baik daripada seribu bulan. Pada Malam
itu, turun malaikat dan Jibril dengan izin Tuhan mereka, kerana membawa
segala perkara (yang ditakdirkan berlakunya pada tahun yang berikut);
Sejahteralah Malam (yang berkat) itu hingga terbit fajar!" (Quran,
Al-Qadr 97: 1-5)

Berdasarkan ayat di atas dapat dilihat bahawa malam al-Qadar disebut juga
dengan malam yang penuh keberkatan. Sebab pada malam itu Allah mencucuri
pelbagai rahmat, keampunan dan keberkatan kepada orang yang beramal
dengan khusyuk dan berdoa dengan penuh keikhlasan.

Kepada mereka Allah memberikan ganjaran kebaikan yang sama nilainya dengan
beramal seribu bulan. Firman Allah bermaksud: "Malam al-Qadar itu itu
lebih baik daripada seribu bulan" (Surah al-Qadr, ayat 3) .

Sebab-sebab Allah adakan Lailatul Qadr
Allah SWT Taala yang Maha Pengasih Lagi Maha Penyayang, amat menyayangi
hamba-Nya yang taat beribadat kepada-Nya, ia tidak lain adalah untuk
menganugerahkan kepadanya pahala-pahal yang banyak, supaya dengannya dia
akan dapat masuk syurga.

Terdapat beberapa pandangan ulama yang menyebut bahawa, Allah SWT
mempunyai sebab kenapa Dia mengadakan Lailatul Qadr buat umat Nabi
Muhammad s.a.w antara lain.

Menurut Imam Malik, Rasulullah melihat bahawa umur umatnya tidak sepanjang
umat sebelum mereka, baginda bermohon kepada Allah memberikan peluang di
mana umatnya supaya dapat beramal dengan yang nilainya sama dengan amalan
umat sebelum mereka.

Sementara Imam al-Qurtubi pula berpendapat, Rasulullah diperlihatkan
kepadanya usia umat terdahulu, maka Baginda berasa usia umatnya terlalu
pendek hingga tidak mungkin dapat mencapai amal seperti yang diraih oleh
umat terdahulu yang usianya panjang. Purata usia umat Muhammad antara 60
hingga 70 tahun menurut maksud satu hadis Rasulullah. Sebab itu Allah
menawarkan malam al-Qadar yang mempunyai nilai pahala seribu bulan kepada
Rasulullah, para sahabat malah kepada seluruh umat baginda s.a.w.

Justeru, malam al-Qadar adalah satu kurniaan Ilahi yang dianugerahkan
oleh Allah kepada Rasulullah dan umatnya sebagai tanda kasih sayang dan
rahmat-Nya yang menyeluruh. Amal kebajikan seseorang hamba Allah pada
malam itu adalah lebih baik daripada amal kebajikan selama seribu bulan
atau menurut ulama sebagai 83 tahun empat bulan.

Dorongan Nabi supaya umatnya terus beribadat pada malam tersebut
Kerana keutamaan ini, Rasulullah menganjurkan umatnya agar mencari dan
seterusnya mendapatkan malam al-Qadar yang penuh keberkatan itu. Dalam
hal ini, Rasulullah perlu dijadikan ikutan yang menampilkan teladan
terpuji dalam menghidupkan malam terakhir Ramadan.

Ini dilakukan dengan melaksanakan iktikaf, membangunkan keluarga agar
lebih meningkatkan amalan ibadat pada malam hari dan tidak mendekati
isterinya dengan tujuan memperbanyakkan amal ibadat di masjid seperti
solat tahajud, Witir, solat Tarawih, membaca dan tadarus al-Quran serta
berzikir kepada Allah dan amalan solih lain yang dianjurkan Islam.

Rasulullah sentiasa memanjatkan doa ke hadrat Ilahi. Antara yang sering
Baginda baca ialah doa maksudnya: "Wahai Tuhan kami! Anugerahkanlah
kepada kami kebajikan di dunia dan juga kebajikan di akhirat serta
peliharakanlah kami daripada seksaan api neraka yang pedih."

Doa yang dilafazkan itu bukan sekadar satu permohonan untuk memperoleh
kebajikan dunia dan akhirat, malah untuk memantapkan langkah dan
kesungguhan agar dapat meraih kebajikan yang dijanjikan Allah. Ini kerana
doa itu sendiri membawa maksud satu permohonan yang penuh tulus dan
pengharapan, di samping disusuli dengan usaha melipatgandakan amal ibadat
yang mendekatkan diri kepada Allah.

Selain itu, setiap Muslim dianjurkan bertaubat dan memohon ampun kepada
Allah daripada sebarang kesalahan dan dosa selama ini. Setiap manusia
tidak terlepas daripada kealpaan dan seterusnya melakukan kesalahan yang
dilarang Allah. Dalam hal ini, Rasulullah bersabda maksudnya: Setiap anak
Adam tidak akan terlepas daripada melakukan dosa dan sebaik-baik orang
daripada kalangan yang berdosa itu ialah yang bertaubat kepada Allah.
(Hadis riwayat Tirmizi dan Ibnu Majah)

Berdasarkan permohonan inilah maka Allah menurunkan Lailatul Qadar.

Hikmah dirahsiakan kehadirannya
Sesungguhnya ayat al-Quran yang menceritakan tentang masa berlaku
Lailatul Qadr, tidak dijelaskan secara jelas, kerana ia bertujuan agar
manusia tidak hanya tertumpu pada satu malam sahaja jika mereka tahu
malam tersebut, justeru ia dirahsiakan agar mereka menghidupkan setiap
malam terakhir Ramadan dengan amalan-amalan yang pernah dilakukan oleh
baginda, para sahabat dan para solihin terdahulu.

Syeikh Muhammad Abduh berpendapat bahawa sebab malam itu diturunkan kepada
umat Muhamad kerana Qadar itu bermakna ketentuan atau takdir. Pada malam
itu Allah mula mentakdirkan agama-Nya dan memerintahkan nabi-Nya untuk
menyeru manusia kepada agama yang melepaskan mereka daripada segala
kehancuran dan kerosakan.

Pendapat Syeikh Muhammad Abduh ini berdasarkan kenyataan bahawa al-Quran
pertama kali diturunkan pada malam al-Qadar. Turunnya al-Quran pada
dasarnya adalah watikah pelantikan Muhammad sebagai nabi dan rasul yang
bertanggungjawab menyampaikan risalah Islam. Begitu juga dalam mengubah
corak hidup manusia daripada alam jahiliah kepada suasana Islam. Ertinya
malam al-Qadar itu adalah malam disyariatkan Islam kepada umat Nabi
Muhammad sebagai agama penyelamat untuk seluruh alam.

Ada ulama lain yang menyatakan bahawa penyebab dikatakan dengan malam
al-Qadar kerana pada malam itu Allah menetapkan takdir setiap makhluk
baik berupa rezeki, umur atau sakit atau sihatnya seseorang untuk jangka
masa setahun, iaitu dari malam al-Qadar tahun ini hingga ke malam
al-Qadar tahun depan.

Mengenai jatuhnya malam al-Qadar, ulama berbeza pendapat mengenainya.
Imam Nawawi berkata bahawa sebahagian ulama menyatakan malam itu bergilir
dari tahun ke tahun. Ertinya apabila pada tahun ini berlaku pada malam 29
Ramadan, maka tahun akan datang datang pada malam berbeza.

Hal sama dikatakan oleh Ibn Hazm bahawa Lailatul Qadar itu ada kalanya
pada malam 21, 23, 25, 27 atau 29 Ramadan.

Sementara menurut jumhur ulama, Lailatul Qadar berlaku pada malam yang
sama pada setiap Ramadan iaitu pada malam 27 Ramadan. Ini berdasarkan
hadis Rasulullah daripada Ubai bin Ka'ab yang diriwayatkan oleh Tirmizi
dan hadis dari Mu'awiyah yang diriwayatkan Abu Dawud. "Saya mendengar
Rasulullah bersabda carilah Lailatul Qadar itu pada malam 27."

Sebahagian sahabat dan ulama mencuba menentukan Lailatul Qadar dengan
cara lain, iaitu menggunakan rumusan tertentu.

Ibnu Abbas berkata bahawa surah al-Qadr itu terdiri daripada 30 kalimah.
Kata salamum hiya (selamat sejahteralah malam itu) berada pada kalimah
yang ke-27. Oleh itu Ibnu Abbas menyatakan bahawa malam al-Qadar berlaku
pada malam ke-27.

Sementara sebahagian ulama menyatakan bahawa kalimat Lailatul Qadr
terdiri daripada sembilan huruf. Dalam surah al-Qadr kata-kata Lailatul
Qadr itu diulang-ulang sebanyak tiga kali. Maka sembilan darab tiga
adalah 27. Maknanya Lailatul Qadar itu berlaku pada malam 27.

Sementara ulama lain seperti Ahmad Marzuk dan Ibnu Arabi berpendapat
bahawa Lailatul Qadar itu berlaku pada malam Jumaat ganjil pada 10 malam
terakhir Ramadan.

Namun dalil yang paling kuat mengenai Lailatul Qadar adalah hadis
daripada Aishah yang diriwayatkan oleh Imam Bukhari. "Carilah
sedaya-upaya kamu Lailatul Qadar itu pada sepuluh malam ganjil pada akhir
Ramadan."

Perbezaan pendapat sahabat dan ulama ini sebenarnya adalah satu kenyataan
bahawa tidak ada satu dalil jelas yang menunjukkan bila malam ini berlaku.
Tetapi sahabat dan ulama bersepakat dengan hadis Rasulullah yang
diriwayatkan oleh Aishah tadi bahawa malam itu berlaku pada sepuluh malam
ganjil akhir Ramadan.

Menurut Prof Wahbah al-Zuhayli, sebab dirahsiakan Lailatul Qadar supaya
umat Islam sentiasa berusaha beribadah pada setiap malam Ramadan tanpa
menumpukan pada satu malam saja. Ini kerana setiap malam pada Ramadan
memiliki hikmah dan rahsia tersendiri.

Tanda-tanda berlakunya Lailatul Qadr
Di antara tanda yang sempat terlihat pada masa Nabi s.a.w adalah
bahwasanya ketika baginda bersujud di waktu Subuh di atas tanah yang
dibasahi dengan air, ertinya bahawa pada malam itu turun hujan sehingga
baginda sujud di atas tanah yang berair.

Lailatul Qadr adalah malam dibukanya seluruh pintu kebaikan, didekatkannya
para kekasih Allah, didengarkannya permohonan dan dijawabnya segala doa,
amal kebaikan pada malam itu ditulis dengan pahala sebesar besarnya,
malam yang lebih baik daripada seribu bulan. Maka hendaknya kita berusaha
untuk mencarinya dengan bersungguh-sungguh.

Malam itu tenang dan hening, keadaannya tidak dingin dan tidak panas;
siangnya pula memancarkan cahaya matahari yang warnanya pucat; pada malam
itu juga malaikat Jibril akan menyelami orang yang beribadat pada malam
itu dan secara tiba-tiba kita akan rasa sangat sayu dan kemudiannya
menangis teresak-esak.

Ada pendapat yang berkata, bahawa orang yang menemui lailatul qadar akan
melihat nur yang terang benderang di segenap tempat hingga keseluruhan
ceruk yang gelap gelita.

Ada pula menyatakan bahawa kedengaran ucapan salam dan kata-kata yang
lain daripada malaikat.

Ada juga yang melihat segala benda termasuk pohon-pohon kayu rebah sujud.

Ada yang berkata doa permohonannya makbul.

Fokus umat pada malam tersebut
Lailatul Qadr seperti yang dijelaskan di atas, adalah masa yang paling
sesuai untuk mengajukan segala permohonan kepada Allah SWT, apa yang
perlu dilakukan pada malam tersebut ialah dengan perkara-perkara berikut:

Menghayati malam tersebut dengan ibadah

Beriman dengan yakin bahawa malam lailatul qadar itu adalah benar dan
dituntut menghayatinya dengan amal ibadah.

Amal ibadah itu dikerjakan kerana Allah semata-mata dengan mengharapkan
rahmat dan keredhaanNya.

Kesimpulan, persoalan bila sebenarnya berlakunya Lailatul Qadr, hanya
Allah SWT sahaja yang tahu.

Apa yang telah dinyatakan kepada kita melalui hadis-hadis Nabi s.a.w ialah
tanda-tanda dan juga malam-malam yang kemungkinan berlakunya Malam
al-Qadr.

Berdasarkan hadis Nabi s.a.w menghidupkan 10 malam terakhir dengan
beriktikaf, ramai di kalangan ulama' cenderung mengatakan bahawa malam
tersebut kemungkinan besar akan berlakunya Malam al-Qadr.

Mengenai cerita pelik yang berlaku, usahlah dijadikan pegangan, oleh
kerana para sahabat juga mencari Malam Al-Qadr dengan berdasarkan
tanda-tanda yang telah Nabi saw ceritakan kepada mereka. Malah, tidak
terdapat sebarang periwayatan mengenai apa yang telah dilihat oleh para
sahabat. Maka tidak melihat, tidak bermakna tidak mendapat ganjaran Malam
al-Qadr!

Fikir masalah umat ketika sedang beritikaf adalah ibadat
Bukan sahaja melakukan ibadat qiyamullail itu dikira sebagai satu amal
ibadat yang baik di sisi Allah SWT, malah memikirkan sesuatu khususnya
mengenai masalah yang melanda umat Islam hari ini juga dikira sebagai
ibadat yang besar, apatah lagi ketika menjalani proses beri’tikaf dalam
masjid pada malam-malam terakhir Ramadan.

Lebih-lebih lagi masalah umat secara global, sama ada keruntuhan moral,
perilaku, akhlak di kalangan remaja lelaki mahupun perempuan, masalah
krisis keyakinan terhadap Islam di kalangan mereka yang mempunyai profil
tinggi dan lain-lain, kesemua itu dapat ditangani jika masing-masing
memainkan peranan sebagai hamba Allah yang mempunyai jati diri sebagai
orang yang bertakwa seperti yang dituntut dalam ayat mengenai matlamat
pelaksanaan ibadat puasa.

Fadilat Lailatul Qadr
Mungkin terdapat sesetengah orang menyangka bahawa mendirikan Qiyamullail
pada disepertiga (1/3) malam iaitu dengan hanya bersolat Tarawih (Qiyam
Ramadan) berjemaah pada awal malam, iaitu selepas Solat Ba'diyah Isya'.
Apakah orang seperti ini mendapat ganjaran atau pahala seperti mereka
yang bersolat di malam Al-Qadr (sekiranya berlaku Lailatul Qadr pada
malam tersebut)?

Berkata Muhaddis terkenal, Sheikh Nasyirudin Al-Albani (didalam buku
Risalah Qiyam Ramadan) :
"Sebaik-baik malam ialah Malam Al-Qadr, kerana baginda s.a.w bersabda
:'Barangsiapa yang berqiyam pada Malam Al-Qadr (berjaya mendapatkannya)
dengan keimanan dan pengharapan, telah diampunkan dosa-dosa yang telah
lalu' - [Hadith riwayat kedua Sheikh dari hadith Abu Hurairah, Ahmad
5/318].

Sementara Sheikh Dr Yusuf Al-Qaradhawi menceritakan mengenai syarat
beramal pada malam Al-Qadr, katanya :
"Membawa kepada apa yang harus dilakukan oleh seorang Islam pada malam
tersebut ialah : bersolat Isya' berjemaah, Solat subuh berjemaah dan pada
malamnya mendirikan qiyamullail.

Di dalam Sahih diriwayatkan bahawa Nabi bersabda :"Barangsiapa yang
bersolat Isya' berjemaah, seolah-olah ia berqiam di separuh malam, dan
barangsiapa yang bersolat subuh berjemaah, seolah-olah ia bersolat
disepanjang malam tersebut. (Riwayat Ahmad, Muslim dan lafaznya, dari
hadis Osman, Sahih Jami' Saghir - 6341).

Dan tujuannya ialah : Barangsiapa yang bersolat Subuh dengan
tambahan-tambahan di dalam waktu Isya', adalah sebagaimana yang
diriwayatkan di dalam Hadis Abu Daud dan Tirmizi :

"Barangsiapa yang solat Isya' berjemaah bagaikan berqiyam separuh malam,
dan barangsiapa bersolat Isya' dan Fajar bagaikan ia berqiyam sepenuh
malam (sumber yang sama - 6342)."

Semoga tahun ini kita mendapat rezeki untuk bertemu dengan Lailatul Qadr,
iaitu satu malam yang penuh dengan misteri, supaya pahala amalan kita
dilipat gandakan oleh Allah dan dikira sebagai amal-amal yang solih,
Insya Allah. - mks.

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From Dolahgate to Lingamgate

From Dolahgate to Lingamgate
Category: General Posted by: Raja Petra
THE CORRIDORS OF POWER

Din Merican

The controversy with regards to the video-clip -- now aptly dubbed
Lingamgate -- and the ongoing public debate surrounding it is about
the judiciary and the rule of law; which are universally accepted as
indispensable pillars of an enlightened government, a modern economy
and civilised life. In other words, this is to ensure that no person
will be subjected to the whims of another; as what should be in a
just society. Under the doctrine of the separation of powers, the
judiciary is the branch of government primarily responsible for
interpreting the law. It must therefore be above the executive branch
of the government, even above the Prime Minister, and certainly above
all those who walk in the corridors of power.

The judiciary's foremost role is to defend and uphold the
Constitution and to ensure that the rule of law prevails. A pervasive
element in the judiciary's role at every level is the protection of
each person's constitutional, human, civil and legal rights. The
judiciary also has an essential role in protecting us from the wrong-
doing of others, protecting the weak from the strong, protecting the
powerless from the powerful, as well as protecting individuals from
the unwarranted or unlawful exercise of power by the State.

The judiciary and the rule of law are the things which, perhaps, more
than any other, affect people's daily lives. The Anwar Saga of the
Reformasi days, the ongoing Altantuya Fiasco, plus many more such
'circuses' only serve to reinforce the argument that an independent,
impartial and un-exploitable judicial system is second to life itself.

Before we dwell into the recent announcement of the setting up of an
'independent' panel, it is pertinent for Malaysians to recall that
the legacy of the past, a pall that hangs over our judiciary,
continues to haunt this nation till this very day. The rot, we must
remember, began some 20 years ago and which saw the judicial system
on a slide down a slippery slope that promises to get worse before it
gets better.

Since the dismissal of the Lord President, Tun Salleh Abbas, the 1988
suspension of five eminent judges, and the eventual sacking of Tan
Sri Justice Wan Sulaiman and Tan Sri Justice George Seah, Malaysians
of all walks of life -- not to mention the Bar Council, civil society
groups and politicians -- have been expressing grave concern over the
independence of our judiciary. Doubts have also been raised with
regard to the character, integrity and performance of some of our
judges.

Tun Salleh Abbas was ousted supposedly on grounds of 'misbehaviour'.
Later, the Tun defined 'misbehaviour' as unlawful or immoral conduct
'such as bribery, corruption and acts done with improper motives',
none of which, Tun Salleh Abbas maintained -- and the public as well
-- to this very day applied to his dismissal. Strangely enough,
'misbehaviour' is a perception of what characterises the state of the
legal system as a whole from 1988 to the present day. In particular,
it dramatically took our judiciary down this greasy slope, gathering
speed as it went down the abyss.

After this most regrettable 1988 saga, there were growing allegations
about the involvement of some of our judges in corrupt practices.
There was the infamous 33-page 'poison-pen letter', one believed to
have been written by a then senior judge, which provided names, cases
and extremely fine details of specific allegations. The said poison
letter drew headlines in the mainstream media at home and abroad.
With mounting pressure from the Bar Council, politicians, civil
society groups and the general public, the then Attorney-General
promised to look into the matter. But nothing came out of it.
Instead, he caused more controversy than dignitaries did in a lifetime.

Then yet another case came out into the open. This was the Ayer Molek
affair involving a complex commercial wrangle over land acquisition
and shares. As it was connected to a senior politician and an
important corporate player, the Appeal Court reversed a High Court
ruling but was, in turn, overruled by the Federal Court. This Ayer
Molek case led to finger-pointing to a lawyer, since then known in
some circles as 'Mister Fix It', who was acting for a politically
well-connected tycoon and who allegedly attempted to bribe some
members of the judiciary. There was also a scandal implicating a
senior Minister in a share allocation exercise. This was again
covered up by the authorities.

After that the sex scandal of the Melaka Chief Minister exploded onto
the scene which implicated him in affairs with various women,
including a 15-year old girl, besides alleged misuse of state funds
that ran in millions upon millions. But the powers-that-be at the
time prevented further investigation and, as if in defiance of public
outrage, this disgraced politician was reinstated to an important
party post. What is worse, it also inflicted damage on the legal system.

Once again, despite promises by the authorities to get to the depth
of this matter, nothing was done. Instead, the public was soothed
with talk of a 'Code of Ethics' for judges. After much debate, in
1994 it was agreed that a code should be drafted. However, owing
largely to protests by certain judges, this too did not see the light
of day. As a result of the continued series of allegations on the one
hand, and empty promises by the authorities on the other, nothing was
really done to restore faith in the fairness and independence of the
judiciary -- and as such in that same process the rule of law also
suffered.

The above is, in a nutshell, the long and short of where we are
today. And the situation has been getting worse rather than better.
Not only does 'Mister Fix It' continue to work hand-in-glove with a
familiar politically-well-connected tycoon, but he is also alleged to
be engineering judicial appointments at many levels, besides bribing
some of them as well. According to local media reports, a prominent
serving Cabinet Minister is said to be also involved.

All told, Malaysians across the board and cutting across political
party lines and other sectarian divide are simply aghast at the state
of the judiciary, the rule of law, and the future of the country.
There is now a ground swell of public anger. It is against this
backdrop that the public is today debating over the video-clip
revelation and wondering where the hell this country is heading.

From the initial comments by the members of the special independent
panel entrusted with the task of investigating the video-clip, the 26
September announcement by the Deputy Prime Minister that the
government had set up a panel appears to be a rush-job, not to
mention confusing one as well. None of the panel members were clear
about their terms of reference. At this point of time, they have not
received their letters of appointment either. The impression given is
that this initiative was done in haste, reinforced by the fact that
their appointments were made over the telephone.

What continues to puzzle the public is the rather cavalier manner in
which this panel is being established. One wonders whether this is
the way the government makes important decisions, in particular on a
matter that has raised serious public concern across the board. The
other worry is about why the Deputy Prime Minister rather than the
Prime Minister himself, who is also the Minister of Internal
Security, had to make this announcement.

It must be recalled that the Prime Minister had earlier, on September
21, directed the Inspector-General of Police to immediately start a
thorough investigation into the video recording which has implicated
a prominent lawyer purportedly brokering the appointment of judges.
Has the Deputy Prime Minister's announcement superseded the decision
of the Prime Minister? Furthermore, was this matter fully discussed
by the Cabinet? It would appear that it was not, because the
announcement was on September 25, a day before the weekly Cabinet
meeting. Is the setting up of the panel then a fait accompli?

Also, questions are being raised about the position of individual
members of the component parties in Barisan Nasional as represented
in the Cabinet. They remained elegantly or otherwise silent. Yet
another question is whether the idea of the selection of the members
of the panel -- comprising a former Chief Judge of Malaya, Tan Sri
Haidar Mohamed Noor as its Chairman, a former opposition politician
Tan Sri Lee Lam Thye, and a former Court of Appeal Judge, Datuk
Mahadev Shankar -- ever discussed by the Cabinet prior to the Deputy
Prime Minister's announcement? Neither has there since been any
confirmation that the setting up of the panel had been endorsed by
the Cabinet at its meeting yesterday; September 26.

The Chairman of the panel is an independent non-Executive Director of
the CIMB Group which is headed by the Deputy Prime Minister's own
brother. Tan Sri Lee Lam, as Chairman of the National Service
Council, works closely with the Deputy Prime Minister in the latter's
capacity as Minister of Defence. He is also a director of several
firms such as Media Prima Berhad whose companies include some
mainstream media. Datuk Mahadev has a legal background and remains a
consultant to a well known legal firm.

The whole matter leads to more questions than answers, raising
concerns of the public. Why not leave the investigation of the
authenticity of the video-clip in the hands of the police, as decided
earlier by the Prime Minister? Under these circumstances, it behoves
on the three-member panel to recognise that, today, more than ever as
we celebrate the 50th Anniversary of independence, that good
governance, especially of the judiciary, and the character and
integrity of judges, is not only paramount but vital.

The public and the future of the country are at stake. The panel must
take into account that if the government does not deal with past
deeds, how can it deal with the future, not to mention the present.
The current controversy over the video-clip goes to the very heart of
governance, that is, the rule of law, on the one hand, and
transparency and accountability, on the other.

At yesterday's meeting to announce Malaysia's ranking on the
Corruption Perception Index (CPI) by Transparency International (TI)
at the Integrity Institute of Malaysia, the founder president of the
TI Malaysian chapter, Tunku Aziz Ibrahim, said the following:

"In the long years I have been involved in the fight against
corruption both here in Malaysia and internationally, I have only
ever applied the term systemic corruption, in our part of the world,
to neighbouring Indonesia and the Philippines. Today, we (Malaysians)
are playing in the same league with them, and from all indications,
we are winning hands down."

He further added:

"In the last three years, in our own backyard (Malaysia), matters
have come to such a head, and in ways that suggest that corrupt
practices have become a way of life, that I feel justified in saying
that unless there is a demonstration of stronger and more focused
leadership to confront corruption decisively, Malaysia will continue
to carry a stigma of a country that has developed unethical public
behaviour, or not put too fine a point on it, corruption into a fine
art form with politicians and civil servants outdoing and
outperforming one another in the race to accumulate riches that defy
our imagination."

He also highlighted that:

"Today, we (Malaysians) are the grip of a widespread institutional
fatigue. Every major institution of Government, the justice system,
the road transport department, the Anti-Corruption Agency and local
government, to name but a few, have been ethically compromised and
have become in varying degrees a hotbed of corruption to such an
extent that public confidence in these institutions has all but
evaporated. Institutional failures resulting from poor,
unprofessional and unethical leadership are the primary cause of the
systemic corruption we now experience in Malaysia."

In addition, he noted:

"...The outcome of the investigation of the Lingam Tape is being
awaited with bated breath because the implications for the future of
our country are going to be profound."

Be that as it may, besides having direct impact on the lives of our
citizens on a daily basis in more ways than one, the judiciary has
economic consequences on the country. Malaysia has gained the
notorious reputation of practicing cronyism in politics which has
contaminated the judiciary and the civil service. This discourages
investments by a great majority of firms at home and abroad who do
not know people in high places. That, in turn, translates into slower
economic growth, loss in national competitiveness, lower government
revenues, fewer jobs, not to be forgotten the shame that it brings to
the country.

Simply put, tainted persons and those of questionable character --
whether in the judiciary, civil service or government -- should not
hold office. And this is exactly what Raja Dr. Nazrin Shah Ibni
Sultan Azlan Muhibbuddin Shah stressed in his policy speech recently.
In respect of the judiciary, it is a fundamental principle in any
legal system that a judge should not meet with any litigant. To say
the least, this is not conducive to public trust in the judiciary. As
it is often said, "justice should not only be done but be seen to be
done".

The appointment of the panel, which is an administrative measure with
no force law, is at best a half-measure and the public cannot be
faulted for being cynical about it or behind the motive for setting
it up. The perception is that the government continues to play as in
the 1980s and 1990s to the present fast and easy with the law to
decide cases on purely political grounds. In view of the above, the
setting up of the panel should only be seen as a first step to begin
cleansing the judiciary. The next logical step for the government is
to put the appointment of judges in the hands of an independent
commission.

For this to happen, a Royal Commission on the Judiciary is urgently
warranted.

There must be a root and branch reform of the legal system. Only then
will there re-emerge the likes of Tun Suffian, Tuanku Sultan Azlan
Shah and Tun Salleh Abbas, and others like Tan Sri Eusoffe Abdul
Kadeer, Tan Sri Gunn Chit Tuan, Tan Sri Kadir Sulaiman and Tan Sri
Siti Normah, to name but a few. They, it must be remembered, all
joined the judicial and legal service priding themselves on being the
best and to give the best. In the meantime, either the newly
appointed President of the Appeal Court, Datuk Justice Abdul Hamid
bin Mohamad, or the Chief Judge of Malaya, Datuk Justice Alauddin bin
Mohd Sherif, personalities of long-standing service in the judiciary
and, above all, men of character and integrity, should be elevated to
the post of Chief Justice.

Our Third Prime Minister, Tun Hussein Onn, passionately believed in
the inviolability of the Constitution and the Rule of Law. He always
insisted on justice, both economic and social, for all and also
equally demanded that everyone must be accountable before the law. He
proved this by his ability to move courageously, even boldly, when in
a tight spot, or even when issues of principles are at stake.

The panel should heed all of the above in carrying out its duty. The
panel does not have to wait or be bound by whatever its terms of
reference may be. Only then can sanity be restored in this country of
ours.

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Foreign Policy In Focus: Monks Versus the Military

http://www.fpif.org/fpiftxt/4582

Monks Versus the Military
Kyi May Kaung | S
eptember 26, 2007
Editor: John Feffer

Foreign Policy In Focus

www.fpif.org

In Rangoon and other cities of Burma, Buddhist monks have
confronted the military dictatorship with an unusual technique: they
refused to accept alms. In Buddhist tradition, this boycott is the
ultimate insult monks can deploy. On September 26, the government finally
responded to the monks' boycott by cracking down on the protests, which
attracted as many as 100,000 people at their height. Police reportedly
killed one protestor, and arrested as many as 200 monks. The future of
the democracy movement in Burma remains unclear.
Throughout the protests, the monks have used the symbols and practices
of Buddhism to express their discontent and rally public support. At
first only a few monks demonstrated in towns such as Pakokku, where the
authorities used hired thugs, now called Swan Arr Shin (Possessors of
Strength) to lasso and catch the fleeing monks with lariats. Then the
thugs threw the monks in prison where they forced them to disrobe and
tortured them. In Pakokku, the monks kept some army officers captive for
a few hours, but since then, they have walked through cities and towns
silently, observing the Theravada monks' traditional discipline of
silence and downcast eyes. They have also been chanting the Metta Thoke
or Loving Kindness Sutra, which sends and shares merit to all living
beings.

According to eyewitness reports, the monks maintained their silence even
when they met with Aung San Suu Kyi, Burma's democracy leader and Nobel
Peace Laureate, who has been under house arrest since May 2003. When a
group of about 500 monks was inexplicably allowed to walk past her house
on Saturday, she came out of a side gate dressed in yellow (the color of
the religious order or thathana) to pay her respects.

With the implicit blessing of a woman increasingly considered the
matriarch of Burma, the number of monks marching in the streets increased
together with the numbers of lay people forming human chains to support
them. The monks are a generation younger than the dissidents and
activists who led the last major challenge to the military junta in 1988.
Foreign journalists estimate the number of protesting monks countrywide to
be 500,000, which equals the number of conscripted and other soldiers in
the junta's standing army. Now that the government has decimated Suu
Kyi's National League for Democracy party, the monks are the only
organized force strong enough to challenge the junta.
Drawing from Buddhism In smuggled-out videos and photographs taken by
citizen journalists inside Burma, masses of shaven-headed monks in
rust-red and maroon-red robes hold out their hands in the gesture of
shikoe or paying respect. Some of the monks appear to be hiding their
faces from the camera, but the majority does not hide. During the
protests, the monks often marched behind a banner with the colors of the
Buddhist thathana. Or they were led by a monk holding his black lacquered
begging bowl upside down. In Burmese, the word for "strike" or "to strike"
- thabeik hmauk -- literally means "to turn the thabeik or begging bowl
upside down."

It is the custom in Burma for monks to make their rounds of the
neighborhoods every morning with their begging bowls. They stand silently
outside each house for a few moments. Usually the lady of the house will
donate a few scoops of cooked rice, or whatever curry she can afford. The
monk is not supposed to be choosy and cannot refuse whatever is offered.
Once back at the monastery, the monk may not eat at leisure, savoring
each flavor, but must instead mix all the offerings up in his bowl and
then eat this mush.

In Theravada Buddhist belief, a monk, as the Buddha Gautama himself did,
does a layperson a favor by allowing him or her to obtain merit by
accepting alms from them. It is not the other way around. So when a monk
or monks refuse alms from the junta, it is an act of severe moral
censure.
Theravada means the the creed of the theras. It is the oldest form of
Buddhism, that Burma shares with other South and Southeast Asian
countries such as Sri Lanka (in fact Burma got its Buddhism from Sri
Lanka in the 10th century), Thailand, Laos and Cambodia. The Vinaya, or
rules of the order, have come down from the time of the historic Buddha,
the Gautama Buddha (Prince Siddartha before he obtained Enlightenment)
and number a total of 227 rules. These begin with the Ten Commandments
(do not destroy life, do not become intoxicated, and so on) and extend to
rules regarding personal possessions, modes of dress, and rules regarding
meals (monks may not eat any solid food after 12 noon until dawn of the
next morning).

These rules have long shaped Burmese culture and society, for it is a
devoutly Buddhist country. In the 1950s, the democratically elected Prime
Minister U Nu banned the eating of beef, went on Buddhist retreats, and
sponsored the Seventh Great Buddhist Synod, during which monks from all
over the world discussed the sacred texts. Despite this official
promotion of Buddhism, Rangoon and other cities were more secular and
westernized. Under the system established by General Ne Win, who took
over in a military coup in 1962, the Burmese have sought solace in
religion. The isolation of the country has also led to renewed
superstition and animist beliefs, which have always co-existed with
Buddhism in Burma since ancient times. The military rulers, with their
low level of education, are notoriously superstitious.
Adhering officially to Buddhism, the military regime has repressed and
harassed other religions, for instance destroying churches and hilltop
crucifixes in the Chin state in the northeast and forcibly deporting the
Muslim Rohingya to Bangladesh. In the late 1990s, the junta set up a
rival Karen force led by pseudo monks to attack the Karen National Union
forces, which is predominantly Baptist and has been in armed struggle
against the central government for more than half a century.
The ruling generals wish to be known as major patrons of Buddhism. At
the same time, at least since 1975, the military junta has been using
Buddhist institutions to consolidate its power. The founder of the
current military government, General Ne Win, barely tolerated the monks
and tried to control them through a system of ID cards in 1975. More
recently, it has excommunicated monks who do not follow the Vinaya, those
who do not observe vows of celibacy, and other rules. The junta calls this
process Thathana Thant Shin Yay or the Cleansing of the Sangha (the
community of monks). The junta has used the senior monks - the Nakaya
Sayadaw, which it appoints - to control, judge, and police the Burmese
Sangha. For this reason, the current presiding Nayaka have been
ineffective as liaison between the demonstrating monks and the
government. When the monks' protests started, an open letter from the
underground organization behind the protests, warned the Nayaka to see
that the
protestors' grievances were heard.

There is a long tradition of Buddhist monks challenging the political
status quo. Under the Burmese kings, until the British annexation of
Burma in 1886, the Buddhist monks, especially the Thathana Paing or the
Buddhist Patriarch, in many instances tried to prevent the worst excesses
of the authoritarian kings. They also sometimes took on diplomatic
functions, going to neighboring countries such as China, most famously in
the 13th century. In the British period, the monks were at the forefront
of the independence movement, some sacrificing their lives for the
freedom for the country.

The monks of Mandalay, known as the Yahan Pyo (Young Monks) have been
active in politics since the 1950s. In 1992, Burmese monks went on strike
against the military regime, refusing alms from army families. In the late
1990s, there were incidents in Mandalay where the most sacred Maha Myat
Muni image was desecrated. This sacrilege, widely considered a junta
provocation, angered the monks and set off riots.
Roots of the Current Protests The military government has repeatedly
used massive force to suppress peaceful demonstrations of unarmed
civilians. This cycle of protests and government counterforce is
memorialized in recent Burmese history by a series of dates. On July 7,
1962, shortly after seizing power, the junta shot university student
demonstrators and dynamited the Rangoon University Student Union
building. During the troubles of 1967, the junta tried to blame high rice
prices on the native Sino-Burmese community, and its provocateurs
instigated rioting against Chinese-owned businesses. In 1975 came riots
after the family of former U.N. Secretary General U Thant brought his
remains home. On September 18, 1988, the government began to clamp down
on the mass pro-democracy movement, which was born that year. And on May
30, 2003, in what is known as the Depayin massacre, hired thugs attacked
Suu Kyi's entourage.

This present round of demonstrations began on August 18, when the
government raised the price of
diesel oil by 500% in order to cover a budget deficit that resulted from
a salary hike for civil servants.

The junta's move of the Burmese capital to Pyinmana, now called
Naypyidaw (King's Royal City), must have also contributed to the budget
deficit. The military government covers these deficits by its old methods
of printing new money or by declaring some denominations void. Its
privatizations since 1988 have enriched a new class of well-connected
business people or oligarchs at the expense of the impoverished majority.

The August 2007 demonstrations were led by well-known dissidents such as
Min Ko Naing (with the nom de guerre Conqueror of Kings), Su Su Nway (now
in hiding), and others. The military quickly cracked down and still has
not allowed the International Red Cross to visit Min Ko Naing and others
who are reportedly in Insein Prison after being severely tortured.

It was at this point that the monks of Burma, coordinated by an
underground organization, stepped into the foreground and added new life
to the movement. Under Suu Kyi's leadership, passive resistance, with Suu
herself worshiping with leading monks, has been the norm since 1988.
Prospects for the Future The scale of the demonstrations has caught the
attention of the international media. Experienced and highly successful
international dissident groups such as the U.S. Campaign for Burma have
started a vigorous media and fundraising drive and are pressuring Chinese
embassies overseas as well as the UN Security Council. The Chinese
government has the most extensive ties with the Burmese junta, and India
too is on good terms with the government. Even as the monks were
marching, an Indian company
bought some more tracts of land from the junta for natural gas
exploration in Burma.

The UN has taken up the Burmese issue again, and both President George
W. and Laura Bush have spoken up for Burma. The Bush administration has
announced heightened sanctions against the Burmese junta, a widened visa
ban for junta officials, and greater scrutiny of their financial
transactions. Since 2004 when the first round of sanctions was put in
place, Burmese officials have allegedly been keeping euro accounts or
accounts in Singapore. The administration is looking into ways of cutting
off the flow of funds into and out of the coffers of the ruling elite.

In Burma itself, the military needs to realize that a government can
benefit by having an active opposition party as an early warning
indicator. Such a party can help the government democratically structure
meaningful policies that are developmental and not detrimental. The
military would be wise to form a transitional government with Suu Kyi at
least as a minister (of labor affairs or education) or as an ombudsman.
So far, it seems, the military is afraid of such an option.

The monks and the people of Burma have legitimate grievances. They have
the right to their own lives, to improve their lives, to speak up and be
left alone. Moethee Zun, a former student leader of 1988, now based
overseas, in a privately produced video has called for the military
government to "approach us. We are not your enemies. You have a
responsibility to the people and so do we."

Kyi May Kaung holds a doctorate from the University of Pennsylvania and
has two degrees in economics from Rangoon University. She is a
Washington, DC-based writer and analyst, a contributor to Foreign Policy
in Focus, and a close observer of the Burmese scene since the 1960s. For
more articles in FPIF's Religion and Foreign Policy focus, please visit
www.fpif.org.

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Russia is far from oil's peak

Russia is far from oil's peak
By F William Engdahl

The good news is that panic scenarios about the world running out of
oil any time soon are wrong. The bad news is that the price of oil is
going to continue to rise. "Peak Oil" is not our problem. Politics
is. Big Oil wants to sustain high oil prices. US Vice President Dick
Cheney and friends are all too willing to assist.

On a personal note, I've researched questions of petroleum since the
first oil shocks of the 1970s. I was intrigued in 2003 with something
called the Peak Oil theory. It seemed to explain the otherwise
inexplicable decision by Washington to risk all in a military move on
Iraq.

Peak Oil advocates, led by former BP geologist Colin Campbell and
Texas banker Matt Simmons, argued that the world faced a new crisis,
an end to cheap oil, or Absolute Peak Oil, perhaps by 2012, perhaps
by 2007. Oil was supposedly on its last drops. They pointed to
soaring gasoline and oil prices and to the declines in output of the
North Sea, Alaska and other fields as proof they were right.

According to Campbell, the fact that no new North Sea-size fields had
been discovered since the North Sea in the late 1960s was proof. He
reportedly managed to convince the International Energy Agency and
the Swedish government. That, however, does not prove him correct.

Intellectual fossils?
The Peak Oil school rests its theory on conventional Western geology
textbooks, most by American or British geologists, which claim oil is
a "fossil fuel", a biological residue or detritus of either
fossilized dinosaur remains or perhaps algae, hence a product in
finite supply. Biological origin is central to Peak Oil theory, used
to explain why oil is only found in certain parts of the world where
it was geologically trapped millions of years ago.

That would mean that dinosaur remains became compressed and over tens
of millions of years fossilized and were trapped in underground
reservoirs perhaps 1,200-2,000 meters below the surface of the Earth.
In rare cases, so goes the theory, huge amounts of biological matter
should have been trapped in rock formations in the shallower ocean
regions such as in the Gulf of Mexico or North Sea or Gulf of Guinea.
Geology should be only about figuring out where these pockets in the
layers of the earth, called reservoirs, lie within certain
sedimentary basins.

An entirely alternative theory of oil formation has existed since the
early 1950s in Russia, almost unknown to the West. It claims that the
conventional US biological-origins theory is an unscientific
absurdity that is unprovable. They point to the fact that Western
geologists have repeatedly predicted finite oil over the past
century, only then to find more, lots more.

Not only has this alternative explanation of the origins of oil and
gas existed in theory, the emergence of Russia as the world's largest
oil and natural-gas producer has been based on the application of the
theory in practice. This has geopolitical consequences of staggering
magnitude.

Necessity the mother of invention
In the 1950s, the Soviet Union faced "Iron Curtain" isolation from
the West. The Cold War was in high gear. Russia had little oil to
fuel its economy. Finding sufficient oil indigenously was a national-
security priority of the highest order.

Scientists at the Institute of the Physics of the Earth of the
Russian Academy of Sciences and the Institute of Geological Sciences
of the Ukraine Academy of Sciences began a fundamental inquiry in the
late 1940s: Where does oil come from?
In 1956, Professor Vladimir Porfir'yev announced their conclusions:
"Crude oil and natural petroleum gas have no intrinsic connection
with biological matter originating near the surface of the Earth.
They are primordial materials which have been erupted from great
depths."

The Soviet geologists had turned Western orthodox geology on its
head. They called their theory of oil origin the "abiotic" theory -
non-biological - to distinguish it from the Western biological theory
of origins.

If they were right, oil supply on Earth would be limited only by the
amount of organic hydrocarbon constituents present deep in the Earth
at the time of the planet's formation. Availability of oil would
depend only on technology to drill ultra-deep wells and explore into
the Earth's inner regions. They also realized that old fields could
be revived to continue producing, so-called self-replenishing fields.
They argued that oil is formed deep in the Earth, formed in
conditions of very high temperature and very high pressure, like that
required for diamonds to form.

"Oil is a primordial material of deep origin which is transported at
high pressure via 'cold' eruptive processes into the crust of the
Earth," Porfir'yev stated. His team dismissed the idea that oil is is
biological residue of plant and animal fossil remains as a hoax
designed to perpetuate the myth of limited supply.

Defying conventional geology
The radically different Russian and Ukrainian scientific approach to
the discovery of oil allowed the USSR to develop huge gas and oil
discoveries in regions previously judged unsuitable, according to
Western geological exploration theories, for the presence of oil. The
new petroleum theory was used in the early 1990s, well after the
dissolution of the USSR, to drill for oil and gas in a region
believed for more than 45 years to be geologically barren - the
Dnieper-Donets Basin in the region between Russia and Ukraine.

Following their abiotic or non-fossil theory of the deep origins of
petroleum, the Russian and Ukrainian petroleum geophysicists and
chemists began with a detailed analysis of the tectonic history and
geological structure of the crystalline basement of the Dnieper-
Donets Basin. After a tectonic and deep structural analysis of the
area, they made geophysical and geochemical investigations.

A total of 61 wells were drilled, of which 37 were commercially
productive, an extremely impressive exploration success rate of
almost 60%. The size of the field discovered compared to the North
Slope of Alaska. By contrast, US wildcat drilling was considered to
have a 10% success rate. Nine of 10 wells are typically "dry holes".

That Russian geophysics experience in finding oil and gas was tightly
wrapped in the usual Soviet veil of state security during the Cold
War era, and was largely unknown to Western geophysicists, who
continued to teach fossil origins and, hence, the severe physical
limits of petroleum. But slowly it begin to dawn on some strategists
in and around the Pentagon well after the 2003 Iraq war that the
Russian geophysicists might be on to something of profound strategic
importance.

If Russia had the scientific know-how and Western geology did not,
Russia possessed a strategic trump card of staggering geopolitical
import. It was not surprising that Washington would go about erecting
a "wall of steel" - a network of military bases and anti-missile
shields around Russia to cut its pipeline and port links to western
Europe, China and the rest of Eurasia.

English geographer and geopolitician Halford Mackinder's worst
nightmare - a cooperative convergence of mutual interests of the
major states of Eurasia, born of necessity and need for oil to fuel
economic growth - was emerging. Ironically, it was the blatant US
grab for the vast oil riches of Iraq and, potentially, of Iran that
catalyzed closer cooperation between traditional Eurasian foes, China
and Russia, and a growing realization in western Europe that their
options too were narrowing.

The peak king
Peak Oil theory is based on a 1956 paper by the late Marion King
Hubbert, a Texas geologist working for Shell Oil. He argued that oil
wells produced in a bell-curve manner, and once their "peak" was hit,
inevitable decline followed. He predicted that US oil production
would peak in 1970. A modest man, he named the production curve he
invented Hubbert's Curve, and the peak as Hubbert's Peak. When US oil
output began to decline in about 1970, Hubbert gained a certain fame.

The only problem was, it peaked not because of resource depletion in
the US fields. It "peaked" because Shell, Mobil, Texaco and the other
partners of Saudi Aramco were flooding the US market with dirt-cheap
imports from the Middle East, tariff-free, at prices so low
California and many Texas domestic producers could not compete and
were forced to shut their wells.

Vietnam success
While the US oil multinationals were busy controlling the easily
accessible large fields of Saudi Arabia, Kuwait, Iran and other areas
of cheap, abundant oil during the 1960s, the Russians were busy
testing their alternative theory. They began drilling in a supposedly
barren region of Siberia. There they developed 11 major oilfields and
one giant field based on their deep abiotic geological estimates.
They drilled into crystalline basement rock and hit black gold of a
scale comparable to the Alaska North Slope.

They then went to Vietnam in the 1980s and offered to finance
drilling costs to show that their new geological theory worked.
Russian company Petrosov drilled in Vietnam's White Tiger oilfield
offshore into basalt rock some 5,000 meters down and extracted 6,000
barrels a day of oil to feed the energy-starved Vietnam economy. In
the USSR, abiotic-trained Russian geologists perfected their
knowledge and the Soviet Union emerged as the world's largest oil
producer by the mid-1980s. Few in the West understood why, or
bothered to ask.

Dr J F Kenney is one of the only Western geophysicists who has taught
and worked in Russia, studying under Vladilen Krayushkin, who
developed the huge Dnieper-Donets Basin. Kenney told me in a recent
interview that "alone to have produced the amount of oil to date that
[Saudi Arabia's] Ghawar field has produced would have required a cube
of fossilized dinosaur detritus, assuming 100% conversion efficiency,
measuring 19 miles [30.5 kilometers] deep, wide and high." In short,
an absurdity.

Western geologists do not bother to offer hard scientific proof of
fossil origins. They merely assert their belief as a holy truth. The
Russians have produced volumes of scientific papers, most in Russian.
The dominant Western journals have no interest in publishing such a
revolutionary view. Careers, entire academic professions are at
stake, after all.

Closing the door
The 2003 arrest of Russian Mikhail Khodorkovsky, of Yukos Oil, took
place just before he could sell a dominant stake in Yukos to
ExxonMobil after a private meeting with Cheney. Had Exxon gotten the
stake, it would have had control of the world's largest resource of
geologists and engineers trained in the abiotic techniques of deep
drilling.

Since 2003, Russian scientific sharing of knowledge has markedly
lessened. Offers in the early 1990s to share knowledge with US and
other oil geophysicists were met with cold rejection, according to
American geophysicists involved.

Why then the high-risk war to control Iraq? For a century, US and
allied Western oil giants have controlled world oil via control of
Saudi Arabia or Kuwait or Nigeria. Today, as many giant fields are
declining, the companies see the state-controlled oilfields of Iraq
and Iran as the largest remaining base of cheap, easy oil.

With the huge demand for oil from China and now India, it becomes a
geopolitical imperative for the United States to take direct military
control of those Middle East reserves as fast as possible. Cheney
came to the job of vice president from Halliburton Corp, the world's
largest oil-geophysical-services company. The only potential threat
to that US control of oil just happens to lie inside Russia and with
the now-state-controlled Russian energy giants.

According to Kenney, Russian geophysicists used the theories of
brilliant German scientist Alfred Wegener fully 30 years before
Western geologists "discovered" Wegener in the 1960s. In 1915,
Wegener published the seminal text The Origin of Continents and
Oceans, which suggested an original unified landmass or Pangaea more
than 200 million years ago that separated into present continents by
what he called continental drift.

Up to the 1960s, supposed US scientists such as Dr Frank Press, the
White House science adviser, referred to Wegener as "lunatic".
Geologists at the end of the 1960s were forced to eat their words as
Wegener offered the only interpretation that allowed them to discover
the vast oil resources of the North Sea.

Perhaps in some decades Western geologists will rethink their
mythology of fossil origins and realize what the Russians have known
since the 1950s. In the meantime, Moscow holds a massive energy trump
card.

F William Engdahl, author of A Century of War: Anglo-American Oil
Politics and the New World Order, Pluto Press Ltd. To contact:
www.engdahl.oilgeopolitics.net.

(Copyright 2007 F William Engdahl.)

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Shahrir: Judicial hangover from 1988 crisis

Shahrir: Judicial hangover from 1988 crisis
Beh Lih Yi
Sep 25, 07 3:25pm

exclusive Oct 10, 1988. What was to have been a special morning for
veteran parliamentarian Shahrir Abdul Samad ended with him being
penalised for defiance.

Just 46 days earlier, Shahrir had won the Johor Baru parliamentary
seat as an Independent in a by-election, with a whopping majority of
12,613 votes. He had held the seat for three terms since 1978, but on
an Umno ticket. He had resigned from the seat after his fallout with
then premier Dr Mahathir Mohamad, forcing a by-election.

As the swearing-in ceremony got underway in Parliament, he stunned
the House by refusing to stand when he was called to take the oath of
office before Speaker Mohamed Zahir Ismail. He was ordered to leave
the House.

Sixteen days later, Shahrir returned and took his oath before Zahir
so that he could keep the seat and perform his duties as a member of
parliament.

His refusal to take the oath the first time was an expression of how
strongly he feels about judicial integrity, he recalled in a two-hour
interview last week at his office in Sri Hartamas, Kuala Lumpur.

Zahir (left), a former High Court judge, was part of a six-member
tribunal that had found then Lord President Salleh Abas (right)
guilty of misconduct earlier that year and recommended his dismissal.

"I don't think it was a right thing to do (to sack Salleh)," said
Shahrir, now 57.

"To do it (impeach Salleh) without having all the necessary strong
reasons to make that move, that's the failure of the system - because
once you damage it, it's not easy to get it back..."

In 1988, Mahathir had Salleh tried by a special tribunal on charges
of misconduct, for questioning constitutional amendments that
seriously eroded the powers of the judiciary.

Two of five Supreme Court (now known as the Federal Court) judges -
George Seah and Wan Sulaiman Pawanteh - who had ruled that the
tribunal was convened unconstitutionally were sacked along with
Salleh after being found guilty of misconduct by the tribunal.

Return to Umno

The protest was typical of a politician often deemed a maverick
because of his outspoken ways and independent thinking.

Having been trained in economics and statistics, he then earned a
Master's in Business Administration. From 1983-1987, he helmed the
federal territory and welfare ministries respectively and was
generally seen as a potential high flier in Umno politics.

But 1987 saw infighting within party resulting into two bitter
factions - Team A and B - and then Umno being deregistered after
being declared illegal in a court ruling.

A supreme council member at the time, Shahrir was in Team B camp led
by Tengku Razaleigh Hamzah (photo). However, he was left out of the
new Umno pro-tem committee along with seven other council members.

Amidst the crisis, Shahrir resigned as MP and contested the ensuing
Johor Baru by-election as an Independent.

Shahrir returned to Umno in 1989 but took a back seat until his
return to full-time politics in the 2004 general election, when he
retained the Johor Baru seat.
'Ridiculous stage'

So what has changed within the judiciary two decades after his one-
man protest in Parliament?

Shahrir said he believed that the repercussions of the 1988 judicial
crisis are still being felt today, even coming to the "ridiculous
stage" where people can correctly predict the outcome of court cases.

"There are some judges who think they still have to be over-
conservative or over-protective of the government, rather than
justice," he argued, quipping that they may perhaps think they are
still in 1988.

Something has to be done, he said, and it needs to come from judges
themselves.

"It's really more of a problem of culture and personality, which has
caused the judiciary to be held in a position of some disrepute. I
hope that this culture can be dismantled if the personalities who are
now occupying the judiciary understand that things have to change and
try to go back (to how it used to be)."

Asked to comment on revelations in an explosive video clip on alleged
'judicial appointment-fixing', Shahrir said the matter has to be
investigated.

The eight-minute edited clip, said to be recorded in 2002, shows
senior lawyer VK Lingam talking on the phone allegedly with Chief
Justice Ahmad Fairuz Sheikh Abdul Halim - then the chief judge of
Malaya - about judicial promotions, among other matters.

(Ahmad Fairuz is said to have denied any involvement in the matter,
while Lingam has not been available for comment as he is said to be
abroad.)

"If (mentions of) fixing cases are bad enough, fixing appointments
will be worse," Shahrir noted.

He was not too optimistic that the problems within the judiciary can
be fixed anytime soon.

"Once the system is tampered with for some frivolous reason, the
repairs may take a long time to happen. You will need another
generation (to see the effects)," he added.

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