Al Jareeza: BERSIH Rally for Electoral Reform in KL, Malaysia

Zainuddin Maidin Al-Jazeera Telephone Interview

DARIPADA MEMBIDAS, LEBIH BAIK JIKA DISIASAT

Kebelakangan ini kerajaan sentiasa war-warkan bahawa pelabur-pelabur asing rancak melimpah wang dalam ekonomi Malaysia. Kerajaan pula melancarkan koridor-koridor pembangunan bermula dengan Wilayah Pembangunan Iskandar. Tidak kurang juga di gembar-gemburkan dengan berita wang Arab yang dikatakan semakin hari semakin mencurah ke dalam koridor-koridor pembangunan.

Justeru itu, adalah mengejutkan untuk mendengar Naib Ketua UMNO dalam perhimpunan agung UMNO mendedahkan bahawa ada segelintir syarikat-syarikat swasta negara yang memandang dingin iklim pelaburan di negara ini, kurang yakin dengan peluang pelaburan di negara sendiri sehinggakan ada diantara syarikat-syarikat swasta yang sanggup membawa keluar modal ke luar negara, padahal pelabur dari Asia Barat cukup yakin dengan Wilayah Pembangunan Iskandar (WPI).

Beliau membidas syarikat-syarikat swasta yang tidak berminat mengusahakan dan membangunkan koridor-koridor pembangunan ekonomi tetapi sebaliknya sanggup melabur di luar negara. Tidak kurang juga syarikat-syarikat swasta yang sanggup menarik diri daripada Bursa Malaysia dan membawa keluar modal untuk dilaburkan di negara lain. Contohnya, ada syarikat swasta yang membawa keluar modal untuk dilaburkan dalam industri hiburan luar negara. Apakah syarikat yang dimaksudkan ini adalah Genting Berhad yang pada masa ini begitu liat membuat pelaburan berbilion-bilion di Singapura dalam sektor resort pelancongan dan kasino dalam menjayakan impian Singapura untuk menjadi negara tumpuan pelancongan dan riadah, mesyuarat dan kasino perjudian yang terulung di Asia.

Dalam era globilasasi, kebanyakan negara sedang berlumba-lumba untuk mempelawa para pelabur. Justeru itu tidaklah menghairankan bahawa jika sesebuah syarikat berkeupayaan, ianya juga akan cuba mengembangkan sayap niaganya di mana-mana negara yang boleh memberi perolehan maksimum tanpa dihantui dan dibelengu pelbagai polisi dan karenah kerajaan. Ini lumrah adab niaga. Yang dicari pelabur dan peniaga “maximum profit, minumum fuss”.

Saya percaya daripada kita membidas syarikat-syarikat tempatan yang membawa keluar modal dan giat melabur di luar negara, eloklah kita risik alasan untuk mereka berbuat demikian. Jangan jadikan wang Arab yang masuk sebagai kayu ukuran iklim niaga negara. Pada masa ini dunia Arab dipandang serong oleh negara-negara barat. Pelaburan dari mereka kurang disenangi dan pelabur dan pedagang Arab berbekalkan wang tidak disambut dengan tangan terbuka biarpun dan selepas peristiwa 9-11, menghadapi pelbagai halangan dan rintangan di dunia Barat. Justeru itu, Malaysia sebagai sebuah negara Islam yang maju meraih tuah memasuki radar niaga mereka dan memberi satu destinasi dan pilihan selamat bagi wang Arab. WPI sudahpun berusia hampir setahun. Persoalannya ialah berapa banyak wang yang benar-benar telah dilaburkan di WPI oleh pelabur Asia Barat ataupun apakah yang ditunjukkan pelabur Asia Barat adalah sekadar minat ingin melabur dan janji untuk melabur di WPI. Mungkinkah lebih sudu dari kuah?

Berbalik kepada soalan pokok, adalah wajar untuk Kerajaan mendapat tahu alasan sebenar mengapa syarikat swasta membawa modal keluar ke luar negara dan agak dingin membuat pelaburan di negara ini dan lebih-lebih lagi di koridor-koridor pembangunan yang dilancarkan. Apakah sebabnya? Mungkinkah politik semasa negara, mungkinkah sistem undang-undang dan kepolisian (law and order), mungkinkah kadar korupsi, mungkinkah sistem pelajaran dan penguasaan bahasa Inggeris, mungkinkah polisi-polisi kerajaan, mungkinkah karenah birokrasi, mungkinkah kerana Malaysia sudah condong dan jadi paksi Asia Barat, mungkinkah pengistiharan Malaysia sebagai negara Islam. Kemungkinan adalah banyak tetapi hakikatnya ialah kebanyakan isu-isu ini telah mengeruhkan suasana politik dan iklim niaga negara ini.

Daripada membidas, lebih baik kita ambil tahu apa yang mula membuat syarikat swasta tempatan gelisah dan rimas dan tidak yakin lagi dengan iklim pelaburan di negara sendiri dan mengambil langkah-langkah yang sewajarnya yang boleh meyakinkan pelabur tempatan.

ASSOCIATED PRESS – ‘KURANG AJAR’

MalaysiaToday 29 October 2007, published an Associated Press report by Sean Yoong titled “Malaysia’s former King grieves over public loss of trust in the judiciary”.

Sean Yoong in his report claimed that Sultan Azlan Muhibiddin Shah referring to recent events voiced his distress over the loss of confidence by the public in the judiciary.

What I found deeply offensive in the article was the manner, the writer made reference to HRH Sultan Azlan Shah. Sean Yoong throughout his article kept referring to HRH as “Azlan” as though HRH was his drinking buddy. Just look at the references of HRH made by Sean Yoong. “Azlan said”, “Azlan stressed”, “Azlan was the former king”.

This is nothing but a report by a ‘kurang ajar’ reporter who hardly has any respect for protocol and decency. In Thailand he would have been charged for lest majeste.

I think Associated Press owes Malaysia and Malaysians an apology.

WHY KICK UP A FUSS?

With regret, I must disagree with the views of DAP Secretary General, Lim Guan Eng that UMNO is being insensitive and has hurt the feelings of Hindus by continuing to hold the UMNO General Assembly meeting on Deepavali day. Calling on UMNO to apologise to all Hindus is really unnecessary.

I am of the view that, the decision to hold the meeting is the prerogative and wisdom of UMNO. If M.I.C, being the Indian component party in Barisan Nasional is hardly upset, then why should DAP then kick up an unnecessary fuss.

Happy Deepavali.

MALAYSIAN INDIANS - TIME FOR A PARADIGM SHIFT

After 50 years of independence and more than 35 years after the formulation of the New Economic Policy, the Malaysian Indians remain as the most marginalised and underclass community. A large segment of the community remains mired in poverty.

Indians must face up to the fact that the government would continue to be fixated with raced based and affirmative action policies. In the premises, it is high time it dawned on the Indians that they cannot expect nor depend on the government to assist them and instead face up to the truth that only they can uplift themselves from the quagmire they are in.

There has to be a paradigm shift and it must start with education.

In America, the rise and the influence of the minority Jews in many ways came from the community’s emphasize on education. Blacks and the Jews suffered, albeit differently. Both were an underclass community. Unlike the Blacks, who blamed their predicaments on historical injustices and continued on with their lamentation, the Jews on the other hand recognized that the only hope for upward mobility is through education. The end results are clear for all to see. Jews have gone on to rule the world while much of the Blacks remained transfixed in ghettos.

In Malaysia, for inspiration we can look at the Chinese community and see how the community places utmost importance on education. The parents may have been poor and uneducated but not necessarily their children. Chinese parents have long recognized that however poor there are, education and educating their children remain their paramount consideration. That zeal extends to the community unselfishly financially supporting their children’s Chinese school. The Chinese say “ Zai Quiong Ye Bu Neng Quiong Jiao Yu” – Literaly and roughly translated to mean “however poor we are, we must not sacrifice our education’s financial need”. It rubs on the children, seeing the sacrifices the parents make, the children study hard. Haven’t we all seen the scene where the father will be busy frying kwai teow and in the far end of the shop his child is engrossed in his books. Education alleviates their life and the upward mobility continues with their own children.

Within two to three generations they have uplifted themselves to an educated middle class.

Upward mobility for Indians and particularly the Indian poor is possible. But that is only possible with sound education. Indians have to exploit education as an escape tool. Poverty and government alienation ought not to be an excuse.

I came from a poor family. My father, a non citizen could not find work however hard he tried. For almost 13 years he was unemployed. During those hardship years, my mother held on three jobs. She worked as a pre-school teacher, worked weekends at the turf-club and gave tuition. I even remember her working in a factory. Despite being poor, there was no compromise when it came to education. She woke us up at 5 am to make us study, after school she would send us for tuition classes and then more studying till late. Once when we grumbled, she pointed us to the dreary factory workers boarding the factory bus and for good measure also showed us the court house where we saw all those smart and rich looking lawyers gliding by. She showed us our options. We never grumbled ever again. She kept awake and watched us study. Within one week of school closing, she would take us to the bookshop and buy all the books for the following year. While other children went away on end of year holidays, we spent time studying and having a head start. She was prepared to buy any book that would give us that added mark in order to beat our nearest competitor in class. If our exam mark was 80, we were happy but not her. She conducted a post-mortem to see how the 20 marks were lost.

While our neighbours already had colour TV, my house had none. My mother grudgingly and reluctantly only bought a TV when I was in Form 4, and even then a second hand black and white TV. She was steadfast in her belief that having a TV will only be a distraction.

We studied, my mother encouraged us and also punished us when we did not do well. She expected us to be in the top three in the class. So coming out 4th meant getting a warning to buck up and coming out 5th meant getting a canning. It was simple as that. I still recollect coming out 1st in the class during the first term and dropping to 11th during the second term. The punishment I received was such that in the 3rd term I was 1st in the whole school!

My mother had long ago recognised that the value of education and a future with education. While parents were buying their dream house and splurging money on luxuries, my mother saved every possible cent. Finishing school, I did not get the course I desired - Law. When I told my parents that I wanted to study law and mentioned England, my father almost fell of the chair. For my mother, if England it was, then it shall be. I could go to England simply because of her foresight to save money for her children’s education. She must have long recognised luxuries could wait but children’s education could not be compromised. Maybe she had realised that one cannot rely on others or even the government for our future. My mother and later on my father after getting his citizenship and a job educated me, my brother and my sister and only after that they bought a house. We have done well thanks to our parents, particularly my mother who gave her today for our tomorrow. My parents had foresight and recognised very early on that the only way out of poverty was through education.

Pass by Chinese coffee shops in the evening and watch Indian men and the number of beer bottles on the table. Fathers deep in animated (and sometime violent) discussions and conversation which often veers on the state of affairs of the Indian community. Little does he realise that for every bottle downed he has actually drunk away a little his children future. RM20-RM40 a night may not make a dent but multiply that with the number of days, months and years. Imagine the money he could have saved for his children’s education. Instead the beneficiary is the coffee shop owners’ children who leaves overseas for further studies. In fact one beer company annually donates money to Chinese schools based on the number of bottles sold. The Tamil school regretfully gets no donation from the beer company notwithstanding Indians are also their consumers .

Go to Indian homes at night, more likely than not, mothers and their children who ought to be studying will be sitting together and shuffling channels watching Indian serials on ASTRO. Rightfully, the mother could have created a conducive studying environment by having the TV shut during studying hours or such a sacrifice is not possible ought to have made the children go the rooms and study. Instead, mother and children are discussing the story. I still remember when TV finally came to my house. My mother’s rules were very clear. We could only watch TV only on Friday nights and all day on Saturdays. That is all. The cane sat on the top of the TV. The message was clear. Now with the advent of ASTRO, some Indian children know more about sarees than theories.

Malaysian Indians cannot continue to blame their predicaments on their past. To continue to do so would make Indians no different from the American Blacks. Granted many had a life of hardship growing up in the estates. Perhaps their parents were uneducated and their parents left the estates with very little savings, which meant they missed out on good education. Should their own children now also suffer the same fate? Rightfully they should be like the Chinese, their past spurs them to ensure that their own children do not suffer the same fate as them or their grandparents. Upward mobility for the Indians is not impossibility. The Chinese has done it and it was education which did it.

Education is an investment and a prerequisite for investment is money. Indians must make it a priority to save money in order to be able to invest in their children’s education. Actually, there are so many ways to save for children’s education ranging from education insurance to education fund to simply depositing money in saving accounts. In short save religiously. Instead of that many splurge on unnecessary and luxuries. Many Indian parents baulk at the thought of buying a computer for their children because of the price but ensure their home has ASTRO. There is hardly an Indian home without ASTRO. How they get the priorities all mixed up.

In Malaysia, the ideal and cheapest educational option is to be able to enter public universities. However the reality is that places for Indians are limited and sometimes the course offered is not even their choice. Tamil Nesan August 23, 2007 at pg.6 reported in 37 years 117,075 students had graduated from University Kebangsaan and out of which only 247 or 0.07% students were Indians! In previous years, the much derided quota system provided some hope for Indians to enter public universities. Even then the numbers of places offered were very low and particularly for the critical and professional courses which is coverted by all. Now there is the added hurdle of meritocracy. Indian students would need to compete for places. Affirmative policies and now meritocracy makes it very hard for Indian children to enter local institutions and even worst getting the course of their choice. So the only viable option for Indians is private institutions and that naturally requires money.

The Chinese have become less dependent on public universities. Not because of the university’s standards but because of the limited places available. The have long recognised that their realistic option for educating the children is private institutions. The parents don’t place their hopes on scholarship, grants or loans to educate their children. Instead Chinese parents religiously save money for their children’s education.

Fees at private institutions are much higher and it is not always easy to obtain loans, grants and scholarships. Even the fees at the M.I.C initiated AIMST is expensive and beyond the reach of many Indian parents. However, had Indian parents put aside some money and saved through the years, they could have financed their children’s studies at private institutions. Scan the newspapers and see private institutions graduation day roll calls. See how many Indian students graduate in contrast to the Chinese. It is also an indication of the number of Indians studying in private institutions. Many claim that Chinese can afford private institutions because they are rich. My experience has shown otherwise. Chinese parents make tremendous sacrifices for the children’s education.

The lack of foresight to save and to make saving money for children’s education as top-most priority has meant many Indians could not afford to educate their children. The financial constraints meant their children’s education came to a halt. With the lack of qualifications, Indians find it even more difficult to get a job. Thus, the upward mobility becomes a distant dream and their own children’s future even more bleak. They remain in the cycle of poverty. Another wasted generation.

Many Indian parents also fail to realise that with a proper education there is also an opportunity to find jobs elsewhere. With qualification, the children need not remain unemployed in Malaysia. In a globalised economy the world is your opportunity. By fate you were born in Malaysia, by destiny your future could be elsewhere. In America, some 38% of doctors are Indians, 12% of scientist are Indians, 36% of NASA scientist are Indians, 34% of Microsoft employees are Indians, 28% of IBM employees are Indians, 17% of INTEL scientist are Indians and 13% of XEROX employees are Indians. Pepsi-Cola’s CEO is an Indian woman from Madras. See what education has provided. Opportunities and upward mobility.

Instead today, we see jobless, uneducated Indians whose option is to turn to a life of crime. Malaysian Indians have no one to blame but themselves. Malaysian Indians are to some extent responsible for their present unenviable and ignominious situation.

In recent months, some segments in the Indian community have begun to assert themselves. There has been a couple of marches to Putrajaya to handover memorandums demanding action from the Prime Minister and even a law suit has even been filed against the British government for failing to protect and neglecting the interest of the Indians. These protest march and filing of lawsuits would at most only have the result highlighting the community’s plight. It will not bring results.

Indians should stop placing their hope for a better life for them and their children on their community leaders and government. Instead Indians must realise that only they can change their destiny and their children’ and must recognise that education is the main avenue of upward mobility particularly for the Indian poor. Unless that is recognised and there is a paradigm shift the Malaysian Indians would go down as the African Americans in US, if not even worse.

HOW ABOUT A TERIMA KASIH FOR S. KRISHNAMOORTHY, TOO!

In between the hoopla and the moolah of our angkasawan, Dr Sheikh Muszaphar Shukor’s trip to space and back, spare a thought for S. Krishnamoorthy. Krishnamoorthy who? Yes, for many this name would not ring a bell. That’s not suprising since the man of the hour and hero of the nation is Dr Sheikh Muszaphar.

Now for those who do not know S. Krishnamoorthy, he was the 19 year old Malaysian Indian who helped save passengers from the Seagull Express 2, which caught fire on-route Tioman Island on October 13,2007.

One survivor, Ng Soon Tiong, 41 recounted how he saw Krisnamoorthy selflessly handing out life jackets to other passengers and helping children off the burning ferry. He also said that Krishnamoorthy repeatedly dived into the water to pull others to safety. Ng went on praised him by saying “many of the passengers are alive today because of him. We are greatly indebted to him”.

I can understand the nation leaders are over the moon with Dr Sheikh Muszaphar Shukor’s history making and it is only natural to expect that accolades and honorifics would soon follow suit. In the meantime and once the euphoria and the cooing over Dr Sheikh Muszaphar historic space vovage is over, would the national leaders also do the decent thing by equally recognising the selfless heroism of S.Krishnamoorthy who is truly a towering Malaysian we all can be proud of. I watched Prime Minister Datuk Seri Abdullah Ahmad Badawi having a video conference with Dr Sheikh Muszaphar. I am sure Krishnamoothy would be pleased to get a terima kasih phone call from the Prime Minister.

DUMB AND DUMBER

Recently, former Singapore Prime Minister Lee Kuan Yew called the Myanmar leaders (generals) dumb. Could the dumber ones be here? According to the Science, Technology and Innovation Minister, Datuk Seri Dr Jamaluddin Jarjis, there is an urgent need for a new jetty at Tioman Island which according to him would result in better services and prevent untoward incident. (Star October 19,2007)

Is the Minister having the view from the wrong end of the teacup?

Perhaps the Minister would like to be informed that people had died from a ferry tragedy and not from a collapsed jetty. As of yesterday, the death count from the Tioman Island ferry tragedy is six and one passenger is still listed as missing. At this stage, what is important is for the government and relevant authorities to first slap criminal charges on the ferry operator for their omissions (at the same time check on the others) and haul up all those who had shricked from their responsibility in ensuring that the ferries plying Tioman Island are not only sea worthy but importantly has all the necessary licenses and has complied with all relevant requirement.

What matters most and importantly now is to ensure safe and sea worthy ferries, and not the construction of a new jetty.

Norman Fernandez

ALAHAI MALAYSIAKU

Bangunan…
rahai;
design fault.

Paip…
bocor;
kontraktor guna alat tiruan.

Siling…
jatuh;
sampah atas bumbung.

Loji…
retak;
blacklist kontraktor

Jalan…
berlubang;
bila ajal baru turap

Parit…
kambus;
tunggu pilihanraya

Tanah…
runtuh;
act of God


Banjir…
kampung tenggelam;
“El Nino” punya pasal

Hutan…
gondol;
demi pembangunan

Jambatan…
goyang;
pacak cerucuk

Feri…
karam;
cari kambing hitam

Wang…
bazir;
siapa cakap ?..dakyah pembangkang

Projek…
terbengkalai;
kontraktor baru ambil alih.

Alasan…
Oooh… seribu.

Norman Fernandez.

NO FAULT LIABILITY SCHEME- WHAT’S THE RUSH AND TO FAVOUR WHOM?

In a radical departure, the Attorney-General’s Chambers is proposing the introduction of a new no fault liability scheme (NFLS) to replace the existing fault based liability system for persons involved in motor-vehicle accidents.

According to statistics from Royal Malaysian Police Website, there is a high incidence of accident cases in Malaysia and the uptrend is alarming. The number of motor accidents reported are as follows:-

2001 265,416 cases
2002 279,711 cases
2003 298,653 cases
2004 326,815 cases
2005 328,264 cases
2006 341,252 cases

Further, statistics obtained from the Federal Court on Insurance Claims filed in Sessions and Magistrates Court for the period July 2005 to June 2006, reveals that there are almost 37,267 insurance claims pending before the Session courts throughout Malaysia while as at 1st July 2006, there are approximately 11,800 insurance claims still pending in the Magistrates courts in Malaysia.

The attractiveness of the proposed NFLS according to the Attorney General’s Chambers is that, the proposed scheme would provide benefits to all who was involved in the accident regardless who was at fault or had caused the accident. Also, under the NFLS payment of benefits will be prompt upon the production of specified documents such as the medical and police reports. Another feature is the initial minimum payment of benefits with the balance of benefits being paid within a specified time frame.

Thus in brief, what the NFLS provides is the prompt compensation to all persons who have suffered injuries and losses regardless of who caused the accident and even better without going to court. It is this selling point which would be attractive to the average person.

Should NFLS is implemented, it is said that the scheme will be administered by a body similar to the SOCSO.

THE PRESENT SYSTEM

The public perception (and lawyers whose area of practice does not include personal injury litigation) is that the personal injury claim practice is highly lucrative. Not surprising when, the Director of National Consumer Complaints Centre, Mr Darshan Singh in a letter to Malaysiakini (October 10, 2007) welcoming the proposed NFLS claimed that:-

“ The current system has been plagued by many abuses. Accident victims are shortchanged at every level before the award amount reaches them. And when the award does reach them, a bulk of it goes towards professional fees. They are at the mercy of lawyers-be it plaintiffs or defendants-who cash in on the misery of these victims.

High contingency fees are charged although the lawyers Practice & Etiquette Rules clearly forbid the charging of contingency fees. Touts prey on accident victims. Police and medical reports are manipulated in order to shift fault and inflate injuries. Complaints have been received that interest is charged on monies advanced to the victims.

To digress a little, this ass-brained view is lopsided and made without acknowledging and recognising the shortcomings and the pitfalls lawyers in personal injury claim faces or even the present system.

For a start let’s stop associating touts with accident lawyers. It can be safely said touting is prevalent in every area of practice be it personal injury claims or conveyancing. Strangely it is the lowly accident tout who gets the name but never the lawyer who canvases work by arranging a night out and a hooker for the corporate client.

What is conveniently ignored is the fact that in most accident cases, the victim becomes financially strapped and can ill afford medical specialist consultation of even pay for the reports. In most cases it is the lawyer who forks out these payments. Other incidentals include like payments for witnesses and the Investigation Officer. Some times clients don’t even have money for transport to come to court. So is it wrong in such circumstances to charge contingency fees, which I believe should be permitted. No one complains the easy money estate agents make by merely introducing the parties. Aren’t their fees excessive when comparing the extent of their work and liabilities.

With regard to the award, on the contrary it is the lawyers who are at the mercy of their clients. Unlike yesteryears, the insurance awards are made in tee name of the client and not in the name of the law firm. Tales of absconding clients after receiving the money is aplenty.

So when compared to the no win no fees, the high risk and expenditures incurred it is only fair that the lawyers fees are reflective in the lawyers contingency fees of 20% to 25%. The client just provides the case, the rest lies on the shoulder of the lawyer.

The adage it is always prudent to engage the brain before exercising the mouth continues to hold truth.

Coming back to the issue, on paper, NFLS does look like an attractive scheme. But is it?

Tort law has two primary objectives. The first being to compensate parties who have suffered loss. Thus, the injured party obtains compensation for his injury and suffering, loss of amenities, medical expenses, loss of earnings and earning capacity. Where the injury causes incapacity, he can claim for cost of domestic help, nursing care, future cost of medical care and surgery. The second objective is to provide incentives to the potential tort-feasor not to and avoid causing acts which causes loss. NFLS on the other hand, removes the need to provide cause and instead so long as it can be proven loss has incurred, compensation is paid regardless of the fault.


THE MODEL

The Attorney General Chambers in proposing the NFLS states that the objectives of the scheme are to achieve the following goals:-

Community responsibility
Comprehensive entitlement
Appropriate rehabilitation
Fair and expeditious relief
Payment of benefits during interim period.

These objectives clearly mirror the five principles advocated by New Zealand’s Woodhouse Commission 1967. The Woodhouse Commission’s recommendation of a complete overhaul of the existing common law system and replacing it with a new no fault.

Justifying the abandonment of the tort system in favour of the new system, Sir Owen Woodhouse said:-

“Just as the test of fault against standards of reasonable care was becoming confused with standards of near perfection, so did the final result depend too often upon the fortuitous assessment of the evidence or the fortuitous skill of the attorney…It all seemed not only expensive but wasteful to the point of extravagance, as was demonstrated so clearly by the high proportion of funds which never reached the injured persons in respect of whom they have been collected. And there was the affliction of protracted delays”.

The Woodhouse Commission’s report and finding lead to the New Zealand government enacting the Accident Compensation Act of 1972 which came into effect on April 1, 1974. Expressing his support and confidence, the then New Zealand Prime Minister Geoffrey Palmer said that in the previous system, damages tended to overcompensate less serious injuries and that the process of adjudication was a lottery and that there were strong incentives to maximize misery. Trading the tort system for a no fault system according to Geoffrey Palmer would now mean;-

“More victims are paid, they do not have to prove fault from which massive savings results and overall, everyone is better off. It is true that claims that every individual victim will be financially better off cannot be convincingly made. However, judged in the broad spectrum, the reforms provide a better set of arrangements than tort”.

Essentially, the enactment of the Accident Compensation Act 1972 abolishes the right to sue for personal injury caused by accidents. Infact s.394 of the Accident Insurance Act 1998 codifies the no fault scheme. It provides:-

“no person may bring proceedings independently of this Act whether under any rule of law or any enactment in any court in New Zealand, for damages arising directly or indirectly out of (a) Personal injury covered by this Act or (b) Personal Injury covered by former Acts.”

Under the ACA 1972 twenty four hour coverage for accident and injuries was provided for the entire New Zealand population. Despite, the enactment of a number of acts in the preceding years to perfect the scheme, the essential features established under the predecessor act has remained.

The administration of the scheme under the ACA was delegated to the newly established Accident Compensation Commission (later changed to Accident Compensation Corporation). Funding for injury compensation was derived from three distinct funds created under ACA, namely an earner’s account, funded by levies on employers and self employed individuals, motor vehicle accident account, funded by levies on owners of motor vehicles and a supplementary account subsidized by the government. ACC is able to fund these programs by collecting premium payments from all citizens of New Zealand at government regulated rates. The money collected by the government is then assigned to the funds maintained by ACC.


MAKING A CLAIM

In making a claim, the claimant must first lodge a complaint with the ACC and provide all relevant documents. Within two months of being lodged, the ACC must investigate the claim and notify the claimant of its decision or notify the claimant that it requires an extension of time to investigate. Ultimately within nine months of the claim being lodged ACC must notify the claimant of its decision. A claimant may apply within three months of the ACC’s decision apply to the ACC for review of any decision of the ACC under the Code of ACC Claimants’ Rights. Once ACC has received an application seeking review, ACC must appoint as many independent reviewers as necessary to assess the appeal. Following the hearing, the independent reviewer has twenty eight days to make a decision. A claimant may appeal a review decision to the District Court and a party dissatisfied with its decision can appeal to the High Court followed by an appeal to the Court of Appeal.

CRITICISM

In 1996, The New Zealand Business Roundtable after undertaking a research on accident compensation concluded that “the introduction of a state monopoly, no fault accident compensation scheme in New Zealand has been a huge mistake” and argued the introduction of choice and compensation into accident insurance.

A letter appearing in the New Zealand Herald sums up:-

“ More than 20 years have elapsed since New Zealanders were duped into accepting the ‘no fault’ accident compensation scheme. Initially, the new scheme may have appeared attractive enough – if only because of the propaganda expounded in its favour. However on almost all counts, it has proved to be an abysmal failure.

Cost has continued to escalate rapidly and now consume a considerable proportion of nation’s wealth. On the other hand, the meanness of the benefits conferred bears absolutely no resemblance to the principles of compensation.”

DON’T TINKER THE PRESENT SYSTEM BUT RECTIFY SHORTCOMINGS

One is inclined to believe that the push for changes must have come from the insurers. Under the present fault based system, the courts decide the awards while insurers decide the premiums. In view of the escalating claims and the rising awards, insurers are in a hopeless position of being unable to control their claims, cost and income. The NFLS thus must come as manna from heaven, albeit in this case from Putrajaya.

Proponents and advocates of the NFLS are quick to list out all the deficiencies and shortcomings under the present system and that includes as always heaping blame on lawyers. The question is whether NFLS on the other hand, if implemented conclusively benefit the claimant and not the insurers? What is the guarantee that claimants would not be short-changed?

Why the haste in proposing changes without first doing a detail study to find out the shortcomings and the weakness of the present system. Even if there are weaknesses and shortcomings, the question is, what are the measures taken to simplify personal injury litigation and court procedures and also reduce waiting time? Strange as it seems is the fact that the Attorney General Chambers is prepared to implement a radical scheme without first attempting to reform the present system.

Further, since the insurance companies are alarmed with some of the awards handed down by the court, has the Attorney General’s Chambers done any study on the awards handed down by the courts? It is a known fact that some judges in personal injury claims are over generous in their awards. One judge was nick-named “santa claus” for being extremely generous to the Plaintiff and another Judge in making the award goes to the extent in allowing the cents in the claim.

In advocating the NFLS, the sweetener is the payment of the claim in the shortest time but what is not revealed is that in return, the claimant may not be able to claim loss of earnings, future surgeries, cost for domestic help or even nursing care? Aren’t the accident victims being shortchanged here? The claimant is not even told that he faces the real possibility that the awards under the NFLS will be considerably less that what he could obtain under the present system.

Since, the awards are made expeditiously; it is also possible that the awards will be below the levels awarded to accident victims presently. Corrective justice requires full and fair compensation for loss attributed to the wrong and it is unfair to limit the compensation paid to those injured by fault below the levels that would be awarded in a successful civil action for compensatory damages.

Next, under the NFLS, the scheme would be administered by a body similar to SOSCO Board. Judging from the New Zealand’s experience with ACC, claimants under the NFLS can also be put to considerable time, should they reject the quantum awarded. So the delay in obtaining the awards under the present system is also present under the NFLS. There is no guarantee it would not occur here. Claimants under the NFLS, more often than not reluctantly accept the award in the end simply to bring finality to the matter. At least under the present system, there is a choice and more importantly it is his own considered choice. The claimant can if he is prepared vigorously pursue his claim.

Then there is the question of how the Board is going to be funded. In New Zealand, a proportion of money in the ACC is injected by the government and in New Zealand, on a number of occasions due to costs over-runs, the ACC needed urgent injection of funds from the government. For example, in 1986 ACC faced massive cost blowout when compensation expenditures rose more rapidly than levy incomes and to cope with the shortfall, ACC had to draw on its accumulated reserves, which meant the reserves which were to last for the next 4-5 years becoming almost depleted. The New Zealand government had to step in and the government reaction was to increase the levies which in some cases rose up to 500%.

That could occur here too. A mismanaged Board could easily run into financial difficulties requiring government help and bailout. The money advanced has to be recovered somehow and naturally it will be recovered by the payment of higher and increased levies. The Board would never lose. It is the public who will. In the worst case the Board there is no guarantee that the Board itself will sooner or later be hived off and privatised.

Also, there is a possibility that the Board would face increased payouts. NFLS would not deter careless conduct and instead inevitably see a rise in accidents. In New Zealand, during the first year NFLS was introduced , the number of accidents reported jumped by 400%.

To succeed, the Board formed to administer and manage the scheme, has to be efficient, accountable and transparent - all hallmarks in New Zealand. In New Zealand there is efficient monitoring of the ACC- even then the ACC went through financial turmoil’s in the 1980’s. Malaysia, lets admit it, on the other hand, falls way short in these aspects. If the Board is money making, corporate sharks would circle it and edge the government to privatise it and in privatisation crazy Malaysia, it’s not impossible for this Board to be hived off and privatised. Naturally and inevitably, the beneficiary will definitely not be the consumer.

In short, before we consider NFLS, it is advisable a holistic study be conducted on the present system. Identify, rectify and remedy the weaknesses and the shortcoming, not rushing to implement a scheme which the citizens have not been properly informed or educated. Don’t tempt the public with the simplistic temptation of expeditious payment of awards and payment without fault or liability while not revealing the compromises the citizen must be accept in a NFLS. Has the present system been a complete failure? Definitely not. So why the rush and in whose favour is the new system being implemented for?

The views contained herein are solely the author’s as are all errors and omissions if any. The author acknowledges the input of participants of Lunchtime Roundtable - the highly opionated talkshop.

GET RID OF THE NIGERIANS

The STAR September 28 printed an anecdote which apparently has been circulating via SMS. It is titled The Malaysian Dilemma and goes like this:-

THE MALAYSIAN DILEMMA
Get Vietnamese workers,
dogs go missing;
Get Bangladeshi workers,
Malay girls go missing;
Get Indonesian workers,
money go missing;
Get Indian workers,
jewellery goes missing;
Get Chinese workers,
husbands go missing.

To that perhaps we can add
“with Nigerians they either
cheat you of your money or you could lose your life”

Nigerian have well earned a dubious distinction of being scammers trying to cheat and phish people out of their money. They are legendary for the well crafted email seeking assistance for transferring money out of the country. The usual modus operandi is this wogs, sending an email claiming that they are the blood relative of some deposed leader who has in his life time slushed and stashed away some money secretly. His relative, the sender of the email now needs your assistance namely details of your bank account to transfer the money into your account. For the assistance you are promised a mouth-watering cut. Of course in order to earn the windfall a small administrative fee, read a couple of thousand is required from you.

It is amazing how many people fall for this scam. Recently a foreign broadcast TV station showed a clip of a scene in a cyber café in Nigeria where Nigerians were at the computer terminals – all of them were busy executing their scams.

Malaysians can thank the British for one thing. They did not bring in Nigerian migrants. Imagine with the stout and burly bodies together with their violent behavior, we Malaysians would have been easy picking or to say bluntly would have ended up as dead meat. Just observe them in Malaysia, strutting around with a chip on their shoulder and with their attitude problem, you will know what I am saying. Add to that is their loutish behaviors, boisterous merrymaking and fighting.

Just how did they come into Malaysia? Some come in as students, just the same way how they enter United Kingdom. Sign up for a course at come downmarket and financially strapped college. Student visa in hand, arrive and in a matter of time they study at leisure while being engaged in crime. Of course most of these colleges are not bothered about their attendance so long as their fees have been paid.

Another modus operandi is to enter as visitors. Unlike Singapore who prefers and emphasize quality visitors and those with spending power, all the Nigerian need to do is land in Thailand. With enough money to pay for a bus trip to Malaysia and a few dollars in the pocket, a bagful of imitation watches, belts, cigarette lighters and pens and a bottle of coke to quench their thirst they enter Malaysia masquerading as tourist but in actual fact itinerant traders and petty criminals. In Johor they are a regular sight every night at restaurants and hawker centers. It is the same in other nig cities.

Many years ago living in Kuala Lumpur, I once called the Immigration Department and informed them of the street where these Nigerians and other Blacks had set up home. Despite my regular calls the place was hardly raided. It must have been because the Blacks still were there long after my calls.

Many can remember the brutal murder of a family in Kuala Lumpur of committed by Nigerians. One would have thought lessons would have been learned and particularly to curb these Nigerians from entering the country.

Obviously, lessons haven’t been learned. Malaysians have been shocked to read about the sexual assault and murder of two women in Kepong, Kuala Lumpur. It has all the hall mark of a typical crime committed by Nigerians - Brute force, extreme violence, sexual assault and the end result of murder.

In the aftermath of the murder, we also learn that Kepong has become a settlement for Nigerians. Imagine there is even a Nigerian restaurant. Clearly a Nigerian settlement has or at least is shape in Kepong. Should the police, RELA immigration and other authorities conduct raid, check, verify and apprehend the dubious Nigerians and other Blacks who have made their home in Kepong? Are their stout and burly bodies and the bodily harm they can rain causing fear in the authorities so much so that they turn a blind eye to their activities in Malaysia? Malaysian do not wish to see safe neighbourhoods to soon turn into of Harlem, Bronx or the Los Angeles riots to be played out in our streets. Keep our neighbourhood safe and get rid of these dubious Nigerians, Africans and other wogs fast.

Norman Fernandez

LUCKY ARE SOME

The former Inspector General of Police, Tun Hanif Omar, in his weekly column Point of View in the Sunday Star on September 23, wrote an article titled Negate Not The Hard Work. It was an interesting read as Tun’s articles are.

However, what caught my attention was when he related a recent burglary in his house. This is what Tun wrote:-

“…My house was burgled on September 5, I lost a DVD player, three speakers, some DVD discs and a bunch of keys. I wasn’t crestfallen because the moment I rang up the police to report, patrol cars, the investigation officer, the dog and forensic teams and several high ranking officers swarmed my house. They were certainly on the ball. Three beautiful fingerprints were lifted, hopefully not my maid’s. Even the IGP contacted me.”

Imagine calling up the police and reporting the loss of a DVD set and a few DVD discs and the police rushed and they were on the case and were at the crime scene - policemen, patrolcars, forensic team, dog unit, investigation officer and even the IGP calling. Just like some American TV serial.

Reading Tun narrate his experience made me feel envious and understandably so.

A few years ago, my mum new house was burgled. The keys to the house had been just been given and the house had just renovated. Within three months of moving in my mum’s house was burgled. Never before had our house ever been burgled. Understandly my mum was in a state of shock and after regaining her composure she telephoned the police-station. What happened thereafter continue to be a topic of conversation now and then.

A few policemen appeared at the door step within minutes. They walked around the house. Went upstairs and found that the burglars had entered from the roof. That wasn’t difficult to deduce, afterall there were some foot prints and a little blood stain on the wall which indicated that the burglar(s) must have slid down the wall from the roof. Then the policemen looked at the wall to see if there were any finger prints and unfortunately found none. The policemen then asked a few cursory questions like what did my mum lose and when my mum said the burglar(s) had only taken a little money and little else, the police immediately kind of wrapped up their investigation. The policemen promised mum that they will investigate and left. That was all. I am inclined to believe that the case file must be still active. Afterall the crime remains unresolved.

Next day my mum decided to carry out her own high profile investigation. Since the house had only recently been renovated, she made out a list of all the persons and workmen who had been to my house. My mum made phone calls to the various workmen purportedly complaining about some defect in the work done. Most responded to the telephone call and almost everyone said they would come around and take a look. Except one and guess who. The person who did some work on the roof. First he did not respond to the telephone calls and after my mum’s persistent calls he answered. When my mum “complained” about a defect to the roof, he gave all sorts of excuse and said he was unable to come and take a look at the roof. Voila ! my mum had the lead and the suspect. What the policemen ought to have done, my mother within 24 hours of the crime could identify the likely suspect.

The only reason my mum refused to pursue the case further was her two lawyer sons who did not want their mum to endure time and expenses attending court in the event the suspect is charged. Being lawyers we know that due to the huge number of cases, it would be inevitable that this case would be postponed giving priority to earlier registered cases, part-heard or may be postponed for other reasons like I.O cuti, kursus or memberi keterangan dalam kes lain.

Yesterday, my friend Dason woke up and got a shock when he found out that his Honda CRV car which he had parked outside his house stolen. My friend went to the nearest police station, the policemen at the desk took the police report and the policemen at the end merely muttered “o.k yah”. That’s was it.

I am sure many others may have similar experiences. I write this piece simply to relate the experience my mum and my friend had when they were victims of crime and in contrast to the privilege accorded the former Inspector General of Police who had merely lost a DVD set, couple of DVD discs and a bunch of keys. In short what I want to say is this, Tun should consider how lucky and privilege he.

Norman Fernandez

ABANDONED BANGLADESHI WORKERS .IS SOMETHING AMISS?

According to the Home Office Ministry, 29,442 foreign workers had arrived in Malaysia between September 1 and September 16 while the Immigration Department said that over the past one month almost 2,000 foreign workers arrived daily. Newspapers have in recent days have given extensive coverage of almost 2000 Bangladeshis arriving with legal documentations who are now camping at the KL International Airport car park because their agents and employees have failed to collect them. The non-governmental organization Tenaganita is said to be sheltering almost 3,000 Bangladeshi workers in similar predicament. Even, the Catholic Church in Rawang is providing refuge to abandoned Bangladeshi workers.

The sheer number of foreign workers particularly Bangladeshi workers arriving daily defies logic and there is every reason to believe that something is amiss. Could this be the work of unscrupulous outsourcing agents who have found an easy way to make fast buck? Could the outsourcing agents who brought these workers not be traced and taken to task? Should Wisma Putra not summon the Labour Attache at the Bangladeshi High Commission and demand an explanation.? Rightfully,Wisma Putra should investigate whether the privilege given to the Bangladeshi High Commission labour department to approve workers applications is being abused. How could the department approve workers application in such magnitude or are they in cohoots with some people with a secret agenda to transfer and populate Malaysia with Bangladeshis.

The Home Affairs Ministry and the Human Resources Ministry ought to investigate how foreign workers are being issued documents, Judging from the high incidence of workers being abandoned upon arrival can only means that there is a mismatch between the number of workers needed and the number of jobs available. The government should revert to the old policy of allowing employers to recruit foreign workers directly in tandem with their requirement instead of recruiting through agents.

Already Malaysia plays host to almost 2,000,000 legitimate migrant workers not counting the thousands of undocumented migrants particularly the Indonesians. Lest the government forget, Malaysians have enough problems with these undocumented migrants and particularly the Indonesians. We do not need Bangladeshis to compound the problem. Is the government only going to act after the problem has spiralled over?

Norman Fernandez

ONE BIG PIG MESS

The September 21, deadline set by Alor Gajah Municipal Council for the pig farmers in Paya Mengkuang, Bukit Beruang and Kampung Man Kok to reduce the pigs from 160,000 pigs to 48,000 pigs as has gone by and till todate the pig farmers have been able only to take out 23,824 pigs. The pig farmers are now given until October 4 to reduce the pig population. It is going to be an uphill task to reduce 97,241 pigs in ten days or so. Thus, it is inevitable that another tense situation perhaps even worst than the events of September 4 to happen. For politicians from either divide, it provides them an excellent opportunity to gain political mileage.

Some have instinctively claimed that the action of the Alor Gajah Municipal Council smacks racism. Now these people unlike the long suffering residents neighboring the pig farms, fail to understand that pig farms emit nauseating smell which permeates the air for miles. Thus, it isn’t surprising to observe that even the Chinese (unless they are in the trade) often do not want to live close to areas where pig rearing activities take place. So it is inappropriate to look at this issue from a racial perspective.

Now, everyone knows that Chinese rear pigs for pork. Pork is part of the Chinese diet. Pig rearing in areas such as Paya Mengkuang is also not new. Pig rearing farms in these areas have been in existence for more than 30 years. The State Government and the Alor Gajah Municipal Council would not have become mired in the present situation had they from the onset regulated properly the pig farming industry. They ought to have known that pig farming can cause environmental problems if not properly regulated.

The relevant authorities in granting license to pig farmers ought to have made it a condition requiring the farmers among others not to exceed the permitted quota of pigs allowed at any one time in the farms and also requiring pig farms to have proper sewerage and solid waste management mechanism. The lack of environmentally friendly pig rearing farms in the state could be blamed on the state and local authorities own policies and indifferences.

Most pig farmers have been reluctant to spend money simply because the authorities are not prepared to not only gazette but also alienate land for pig rearing.

Due to the insecurity of tenure, many pig farms have instead antiquated sump pits to neutralize the noxious smells. Many sump pits are not even maintained properly. Some pig farmers take the easy way out by releasing the solid waste into the drains which naturally and inevitably finds its way into the rivers and seas and thereby causing immense environmental damage.

So the fault must also lie with the local authorities for creating the situation. Had the authorities provided the security of tenure which the pig farmers needed, in return the pig farmers would have been prepared to invest in proper sewage and waste management mechanism which do cost million of Ringgit. No right thinking pig farmer is going to spend millions installing sewage and waste management and create environmentally friendly pig farm when he lives with the fear that the authorities may anytime revoke his business or take way his land.

It must be remembered that many countries like Australia and Denmark have large environmental friendly pig farms and the reason for the success – clear and fair regulations.

One wonders what has happened to all the Lawatan Sambil Belajar to Denmark, Holland, Australia and Japan to learn about environmental friendly pig rearing. It can safely be assumed that these study tours like many others were nothing more then junkets (Riadah dan Relaks) at tax payers expenses.

It is unfortunate that the authorities lack of foresight and their failure to regulate and set the ground rules has now made the issue to morph and become racial and religious. Chinese on one side alleging that the state is meddling without offering solution and help while the Malays blaming the Chinese for being insensitive.

Norman Fernandez

RUMOUR MONGERING SMS – WALK THE TALK

Two weeks ago Johor Bahru was awash with rumours about SMS’s which warned that on National Day racial violence would occur in Pasir Gudang. Whatever the initial SMS was, the malicious falsehood sooned morphed into various variations. These SMS’s were enough to cause uneasiness among the public.

The police and particularly Johor Acting Police Chief Datuk Mohamad Mokhtar Mohamad Sharif must be commended for the quick and swift action they have taken and also for arresting four suspects (so far) who allegedly had spread the inflammatory text messages.

It is also comforting to note that Prime Minister Dato Seri Abdullah Ahmad Badawi views seriously the transmission of racial incitement through SMS and email and warns that punitive actions would be taken against. However concern by itself is not enough.

Last year an SMS made it rounds alleging that Azhar Mansor was going to baptise Malay children at a Church in Ipoh. That SMS was enough for some ignorant groups to mobilize a mob to descend at the entrance of the Church and terrorise the Sunday Catholic churchgoers.

In the aftermath, police took statements among others from the Mufti of Perak who alleged that a woman had met him and told of the baptism. Pursuant thereto a woman was arrested.

Till today the public and particularly the Catholics wonder what has happened to this case and why this woman has yet to be charged.

Thus, the Prime Minister’s warning about stern action against rumour-mongers would remain just mere talk and hollow speak when the woman arrested in connection with the baptism SMS till today has yet to be charged. One has to walk the talk.

Norman Fernandez.

FORGET ABOUT THE TAXI DRIVERS SHOES

Last weekend when I was in Kuala Lumpur, I did not realise that there was an unofficial strike by taxi drivers demanding higher fares. The taxi driver who ferried me from Plaza Seni (Central Market) to Segambut, told me that he (and other taxi drivers) had received messages asking them to stay away and not drive on Friday and Saturday. Apparently a few taxi drivers who decided to ignore had their windscreens smashed.

Today’s (Mondays September 3, 2007) newspapers reported that taxi drivers are being fined between RM100 and RM 300 by the Commercial Vehicle Licensing Board (CVLB) for not adhering to the code of uniform set by them. The offences among others include not wearing socks, not tucking in their shirts or even wearing dark brown shoes instead of black.

CVLB Chairman Datuk Markiman Kobiran said that the government was serious in enforcing the regulation on uniforms and that there would be a continuous crackdown on errant taxi drivers.

Clearly, CVLB has got its enforcement priorities all mixed up. The truth is that the average passenger is least bothered whether the taxi driver wears brown shoes or if he tucks in his shirt. Instead, what is important to the average passenger is that he expects the taxi driver to takes him to his destination, charge the fare according to the meter and with the least amount of fuss and rant. Of course the passenger also hopes for a clean and odorless taxi and a driver with neat appearance and pleasant personality. But in Malaysia, that’s asking too much.

In New York, Melbourne, London or closer home Singapore, one can flag a taxi, get in, tell the destination, be ferried to the destination and pay the fare according to the meter. It is as easy as that.

Not in Malaysia. After flagging a taxi, one has to pray, ask and hope that it is not too much of a trouble for the taxi driver to ferry you to your destination. Once he agrees, you have to then agree on the fare determined by him. Only after these brief formalities are completed you are invited into the very often weather beaten taxi.

In Johor Bahru one would be hard-pressed to find taxis using meters. Even if it is used, be assured that the fare on the meter is hardly ever followed. Instead a fare which is usually higher than the meter is the norm. On weekends and on Singapore holidays when Singaporeans flock to Johor Bahru, it’s a field day for taxi drivers. They simply ignore the locals and seek out the gullible Singaporeans who because of the exchange rate don’t mind paying the silly fares demanded by the taxi drivers.

What irks most passengers is the attitude of the taxi drivers who keep demanding for taxi fare rises but correspondingly show no sense of professionalism or have any desire to improve their image. It is always about them and their interest. Their usual complaint by the taxi drivers is that they have to pay high rental charges for their taxis. But shouldn’t this be an issue between the taxi drivers and the relevant authorities including the taxi companies. Why should the passengers be the victim and be fleeced of their money?

I speak with experience. In 2000, a taxi drivers association in Johor Bahru appointed me as their legal advisor. Regretfully, their shenanigans disgusted me, so much so that I tendered my resignation.

According to the rules, once a taxi is flagged down, the taxi driver has to take the passenger to wherever he wishes to go. Not so. Instead, it is the taxi driver who makes a considered decision whether to ferry you to the said destination. If he decides not, four standard excuses can be expected namely “tukar shif”, “on call”, “tak pergi sana” or “mau sembayang”. Next comes the fare haggling. Sometimes the taxi driver tells the fare only when the passenger has got into the taxi and after being driven a few metres. Disagree and he simply drops the passenger off there and there.

Hand towels near the taxi meter is not for the taxi drivers to wipe his hands or perspiration but instead used to cover the meter. If hand towels are not available a call card can be used to mask the fare. At the destination, the taxi driver takes a peek at the meter and then demand from the passenger a fare which is higher than the meter.

If you late about town, one would also observe the ritual of the taxis mysteriously going missing from 11.30 to midnight and only to appear after 12 am when the midnight charges have kicked in. Observe how after midnight droves of taxis appear and taxi drivers enthusiastically horn at you or drive close and stop close to the person standing near a sidewalk.

The reason taxi drives are able to behave like this is simply because they know that not only that the average passenger would not be bothered to report them to the authorities but also enforcement by authorities are never continuous but instead “seasonal”. I have made two reports against taxi drivers who demanded and overcharged me. After more that two years and despite numerous letters of reminders I have yet to get a reply from CVLB about my complaints.

So instead of CVLB getting all flustered about the physical appearance of the taxi drivers, it is advisable for CVLB to weed out taxi drivers who do not use meters, who overcharge passengers and who picks and chooses passengers and routes. Until and unless taxi drivers hear and see of licenses being revoked, taxi drivers will simply continue to fleece passengers. CVLB and the relevant authorities should start a crackdown and haul up these taxi drivers and until this is done it is the poor passengers who would continue to suffer.


Norman Fernandez
3rd September 2007

WE CAN LEARN FROM SINGAPORE

Recently an article appeared in the New Straits Times titled We can learn a thing or two from Singapore. For a moment I was stunned and wondered how an article such as this could appear and be given prominence in the nation’s premier newspaper.

After all what is there to learn from Singapore when Local Councillors on tax payers money go on a junket masqueraded as a study tour and go off to Australia simply to learn how to grow flowers when they could have gone for a visit to Singapore Botanical Gardens. Its always better and money worth spent especially when it is the tax payers money for state government official to go a study tours to Curitiba to learn about effective public transportation when a short trip to Singapore could suffice.

Why this article caught my attention is because of the writer. Had the article been written by a Chinese, in all probability it would have been viewed differently. But here is an article written by a Malay – Fauziah Ismail and without mincing her words saying that we can learn from Singapore.
As a Johorean, we witness much more closely at the way many things are done in Singapore and often it is done much better. Pride prevents us from admitting.

So can we learn from Singapore? I say we can learn many things from Singapore.


Here is the article in full.

COMMENT – FAUZIAH ISMAIL

WE CAN LEARN A THING OR TWO FROM SINGAPORE

The Malays have saying: Kuman di seberang laut nampak, gajah di depan mata tidak nampak - “you can see a germ across the sea, but not an elephant in front of you”.

This is how we treat our neighbour, Singapore. Politics and our troubled relations in the past continue to cloud our feelings towards the republic and its people.

Because of that, we’d rather venture further abroad looking for best practises, when we can find them easily down south.

We look at Japan’s high culture of maintenance, when Singapore practises such high standards, too. Its public toilets are as immaculate as those in Japan. Its pre-Independence buildings are restored and maintained as if they were brand-new.

We eye Singapore with suspicion. We detest any form comparisons between the two countries and their people. We sneer at Singaporeans’ “kiasu-ness” but do not realize that this fear of losing in a highly competitive society is what made Singapore what it is today.

The nation of 3.6 million, which turned 42 recently, has become the most successful economy in Asean.

Community Development, Youth and Sports Minister Dr Vivian Balakrishnan said “kiasuism” was not about being superior but for its own survival.

“ Ask any ordinary Singaporean if they feel superior,” the eye surgeon turned politician and minister said.” No oil, gas, palm oil, rubber, beautiful tourist spots or gems in the earth. What we have today is (the result of) hard work.

“ If anything, we are probably insecure in that if we don’t work hard, we will starve. Our focus on making money is actually survival.

“We are working to put food on our table for ourselves and our children. Any excess is put in reserves. This is security for the future,” said Balakrishnan, who is also the second minister for minister for information, communications and arts.

Asked if it was asking too much of one minister to handle several portfolios, he said:
“ It’s the Singapore way of doing things. If it is proven effective, why not?” (In Malaysia, his equivalent portfolios are handled by three ministries).

Singapore is a small country in hectarage – even with its land reclamation - - but through Temasek, Government of Singapore Investment Corp (GIC) and private companies, it has spread its tentacles far and wide.

While we get foreign manual workers in droves, Singapore gets the best brains from within the region through scholarships offered to student of the other nine Asean countries. While there are no bonds on the scholarships, nothing stops these students from staying on in the republic and working there.

When Singapore gained its independence in 1965, it had to be self – sufficient. Its leaders had to tackle widespread unemployment, raise the standard of living and implement large – scale public housing.

Minister of Foreign Affairs George Yeo, said the three main things the leaders prioritised in forming the structure for the country were education, health care and housing.

“We started by creating the foreign service and the defence force,” he said. “ Being small, we didn’t have the numbers. We had to start National Service. Then we had to give our people some sense of ownership of the country.”

The Housing Development Board (HDB) was formed two years after Singapore achieved independence. The agency has been in the red ever since but continues to build high – rise apartments – space constraints resulted in Singapore having to build upwards instead of sideways – to accommodate its growing population. It receives grants from the Singaporean government for its operational expenditure.

Married couples with a maximum combined income of S$8,000 (RM17,600) a month are eligible for HDB flats. Singles aged 35 and above are also eligible, while those in the upper – income range can buy in the open market.

HDB also offers financing to home - buyers, making it easy for Singaporeans to buy the flats. Now, nine of 10 Singaporeans own houses. “ We have created a structure for the country that over the years saw the government ceding its control and balancing the public and private sectors’ roles in nation building,” Yeo said.

The country has now developed its economic infrastructure, curbing the threat of racial tension through HDB ‘s ethnic integrations policy and independence national defence system, centring on National Service.

Singapore’s leaders and people have made something out of nothing. Take tourism. Last year, the republic received 9.7 million tourists and registered S$13 billions in receipts.

This year, it wants to see 10.2 million tourists and 17 million in 2015. By then, it should be looking at S$30 billion in receipts.

Singapore creates new tourism products every year – the Night Safari ( on good nights, and there are many visitors get to see more nocturnal animals than they would in Taman Negara) and theDUCKTours, which take visitors on an hour – long tour of the city on an amphibious vehicles that can also take to the river, among many other attractions.

Next year, the world ‘s tallest Ferris wheel, with gondolas that can accommodate up to 35 people each, will open on Feb 14. Forget about being among the first to ride it: The attraction’s booked solid for the first six months. Two casinos will also be opening. Construction of a Las Vegas Sand – operated casino near Marina Bay and Resorts World on Sentosa, with the universal Studio theme park, is under way.

Singapore’s been doing all this without a ministry in charge of tourism, just the Singapore Tourism Promotion Board. And up to 90 percent of the workforce in the island’s hospitality industry are Malaysians.

So, when Singaporeans recite their pledge – “ We the citizens of Singapore pledge ourselves as one united people, regardless of race, language or religion, to build a democratic society, based on justice and equality, so as to achieve happiness, prosperity and progress for our nation” – I believes they mean it.

We don’t have to open our hearts to them; just our eyes and ears. We may learn a thing or two.

KOTA TERAPUNG AIR

Oleh Norman Fernandez
Dedikasi buat Sdr Abdul Razak Ahmad
06hb June 1939 – 12hb Ogos 2007

Cecucuk-cerucuk besi di bibir pantai
yang dipukul ombak Tebrau
adalah testamen
angkara dan keangkuhan politikus-politikus
yang tergoda janji saudagar-saudagar impian
sehingga sanggup sekongkol menggadai pantai untuk ringgit

Dimanakah mereka kini
politikus-politikus dan adikara
yang memperlekeh suara-suara kerdil
mencerca mereka sebagai abar-abar.

Dimanakah hakim lagi arif
yang membidas peguam sebagai “busy body”
malah disuruh membayar kos
salahnya cuma mencari pengadilan
Kini siapa yang betul ?

Di bibir pantai
papan iklan yang dimamah mentari
masih degil mendabik
menjaja impian yang sudah lama pudar.
Dibibir pantai
Cerucuk-cerucuk besi yang lama terbengkalai
aib berdiri sebagai mercu kegagalan

Karya
Norman Fernandez
Johor Bahru 2002

INSULTING RELIGION - LESSONS NOT LEARNED

In February last year, two newspapers were suspended for publishing caricatures of Prophet Muhammad which had appeared in the Danish newspapers. The Sarawak Tribune was suspended indefinitely for reproducing the caricature while Guan Ming daily was suspended for two weeks for carrying a picture of a man reading a Danish paper with the caricature visible.

Thus one would have thought the incident, the people’s reaction and the government’s response was a sobering reminder to be mindful and sensitive of another’s religion. Alas, it would seem that lessons have yet to be learnt.

Now we have the Tamil newspaper Makkal Ossai or The People’s Voice insulting the Catholics by printing in its Tuesday edition a picture of Jesus Christ holding a cigarette in one hand while on the other hand Jesus is seen holding a can of drink, probably a beer and with a caption saying “If someone repents for his mistake, then heaven awaits him.”


Non Christians ought to be reminded that for the Catholics, the Sacred Heart is one of the most revered picture and has deep religious symbolism. Thus, it is sacrilegious for Makkal Ossai or for the matter anyone to reduce the picture of Sacred Heart or Jesus Christ to an object of ridicule. The manner Jesus Christ was portrayed was an act calculated to injure the feelings of Catholics in particular and the Christians in general.

Makkal Ossai the next day printed a front page apology after an uproar from the Christian community. Its General Manager S.M Periasamy in its defence, claims that a member of its newspaper graphic department had downloaded the picture from the internet to go with the daily inspirational quote section. This answer is unacceptable. In fact prudence dictates that we should be careful with information obtained from the internet and should verify the accuracy of the information obtained. Surely, the Chief Editor, Editor, General Manager or even the Proof Readers must have known that there is no such such picture of Jesus Christ ever holding a cigarette or a beer can, and, having seen how offending the offensive picture downloaded from the internet was could have rejected it.

Makkal Ossai, is an offshoot of Tamil Ossai and which had ceased operation in 1990 was a weekly newspaper for 15 years when it became a national daily. So it cannot plead inexperience or ignorance as a defence. How could the editorial team or the management not know that under s.6(1) of the Printing Presses and Publication Act 1984 it is an offence to publish materials that are damaging, potentially harmful to the peace, morality and safety of the public, threaten public and national interest or which go against the law.” One last question, did anyone do a final check and verification before setting the press on.

By publishing the picture it can be safely assumed that the insertion of the offensive picture to accompany the quote could not have been an oversight. Oversight is a hollow defence.

I am in full agreement with the Minister in the Prime Minister’s Department Datuk Dr Maximus Ongkili when he said “Increasingly there are irresponsible people including certain sections of the media who openly engage in ridiculing other religions or making a mockery of the national anthem. These are dishonourable acts and have long terms ramifications for national unity because of the sensitivities involved. After committing such acts they take an easy route of expressing remorse and apology. This is not enough.”

I am also in agreement with Dr Ongkili who said that those responsible should be charged in order to deter others from committing the same acts. The apology can be their mitigation and it is up to the courts.

The government has been quick to react by punishing Makkal Ossai by suspending it for one month and Makkal Ossai ought to consider itself very lucky at the punishment meted out.

The incident also saw M.I.C Youth urging the government to take stern actions against Makkal Ossai hoping that it may suffer the same fate as The Sarawak Tribune. M.I.C Youth move comes at a surprise since one hardly finds M.I.C Youth protesting or demonstrating against demolishing of temples, making police reports when temples are demolished or even handing over memorandums when temples are earmarked for being demolished and here they are seeking justice for the Christians.

It is a known fact that Makkal Ossai in recent months has been strident in their criticism of Dato Seri Samy Velu and M.I.C. With the Maika A.G.M coming soon and particularly the issue of the proposed sale of Capital Insurance becoming a hot potato, Makkal Ossai would have provided an avenue for many to stoke feelings against M.I.C and Maika. Thus, for M.I.C, Makkal Ossai transgression came at the appropriate time and presented M.I.C with an opportunity. The one month suspension of Makkal Ossai now must come as a relief to some in the M.I.C.

Coming back to the issue, let this incident be a sobering reminder and a final warning to all that in multicultural and multi religious Malaysia, it is incumbent for all to refrain from causing any act which could injure the feelings and the sensitivities of another.


Norman Fernandez
25th August 2007

ABDUL RAZAK AHMAD DALAM KENANGAN

(Ucapan Norman Fernandez di Majlis Mengenang
Abdul Razak Ahmad pada 26hb Ogos 2007
Hotel Selesa, Johor Bahru)

Hadirin yang dihormati,

Hari ini genaplah tiga minggu pemergian Sdr Abdul Razak Ahmad ataupun lebih dikenali dengan panggilan Razak Ahmad. Sdr Razak Ahmad yang lahir pada 6hb Jun 1939 menyahut seruan Allah pada hari Ahad 12hb Ogos 2007.

Hari ini kita bersama-sama rakan-rakan kenalan dan sahabat Razak Ahmad berhimpun dimajlis peringatan ini untuk mengimbas kembali dan mendengar coretan perjalanan hidup serta perjuangan politik Sdr Razak Ahmad. Hari ini kami berhimpun untuk memberikan penghormatan terakhir kepada seorang insan yang cukup dihormati dan disanjung ramai.

Bagi pihak DAP Negeri Johor, izinkan saya untuk menyampaikan rasa takziah kepada isteri Sdr. Razak Ahmad, Pn Kintan Mohd Amin, anak-anaknya Zulkifli, Juliah, Faizal dan Azlina diatas pemergiannya.

Hadirin,

Saya berasa sungguh bertuah kerana dapat mengenali Sdr Razak Ahmad secara peribadi. Sdr Razak Ahmad seperti saya adalah peguam yang menjalankan amalan guaman di Johor Bahru. Sdr Razak Ahmad adalah graduan Undang-Undang dari Universiti Singapura dan diterima masuk sebagai peguambela dan peguamcara Mahkamah Tinggi Malaya pada 10hb September 1973.

Sebagai peguam, beliau terkenal sebagai sebagai seorang yang beretika apabila menjalankan tugas dan mendapat penghormatan bukan sahaja dari peguam yang lain tetapi juga dari hakim-hakim. Beliau menjadi pembela kepada yang tersisih dan tertindas. Beliau pernah membela orang-orang kampung kawasan Gelang Patah yang kehilangan tanah dibawah Akta Pengambilan Tanah dan pernah mengingatkan orang-orang Melayu di Gelang Patah agar jangan tergoda dengan habuan yang ditaburkan untuk tanah-tanah mereka. Suatu hari “apabila wang yang diterima kamu hari ini habis, kamu akan insaf dengan tindakan silam kamu. Tanah orang Melayu yang terlepas takkan kembali.”

Sekali lagi apabila Wilayah Pembangunan Iskandar di lancarkan, Sdr Razak Ahmad mengingatkan orang Melayu kepada apa yang terjadi di Gelang Patah dahulu untuk dijadikan iktibar. Pernah suatu hari semasa saya berbincang dengan Sdr Razak Ahmad tentang WPI, beliau dengan nada sayu meluahkan, jika orang Melayu tidak sedar, WPI akan melihat kepada kehilangan lebih banyak tanah orang Melayu. Masanya akan datang bila orang Melayu tidak akan memiliki tanah. Peringatan kepada nama “Tanah Melayu” akan hanyalah kepada peninggalan silam yang terukir pada koc Keretapi Tanah Melayu. Semoga rakyat di WPI mengambil iktibar dari amanat Sdr Razak Ahmad.

Sebagai orang politik, saya mula mengenali Sdr Razak Ahmad secara terdekat semasa kemelut politik sekitar tahun 1998. Namun perjuangan politiknya sudah bermula ketika Sdr Razak Ahmad menuntut di Universiti Singapura tahun. Idealisme dan semangat untuk berkhidmat kepada rakyat membuatnya menceburkan diri dalam Parti Rakyat dan di penghujung hayatnya beliau bersama dengan Parti Keadilan Rakyat. Apa yang boleh diperhatikan ialah kepercayaan dari awal lagi kepada konsep multiculturalism.

Walaupun berkali-kali Sdr Razak Ahmad bertanding dalam pilihanraya namun tuah kemenangan tidak memihaknya. Paling dekat ialah pada tahun 1986 apabila Sdr Razak Ahmad kalah di DUN Tanjung Puteri dengan 22 undi dan kemudian kesahihan keputusan ini telah dicabarnya di Mahkamah yang akhirnya memutuskan bagi pihak Sdr Razak Ahmad. Dalam pilihanraya kecil Sdr Razak Ahmad sekali lagi kalah dengan hanya 31 undi.

Hadirin,

Sdr Razak Ahmad akan dikenali sebagai seorang insan biasa yang sedia kedepan dan berani berdiri bersama rakyat yang tersisih dan tertindas. Sdr Razak Ahmad menabur budi membela nasib rakyat tanpa memikir tentang ganjaran peribadi mahupun keselesaan diri untuknya. Bayangan hukuman undang-undang sama sekali tidak mengoyahkan perjuangannya.

Sehingga hari ini ramai masih memperkatakan bagaimana pada tahun 1974 Sdr Razak Ahmad menunjukkan solidaritinya bersama dengan hampir 200 warga setinggan yang kehilangan tanah dirampas pihak berkuasa dan berkhemah bersama mereka di perkarangan Bukit Timbalan. Sdr Razak Ahmad ditangkap dan ditahan dibawah ISA dan kemudiannya diletakkan dibawah Restricted Residence selama dua tahun. Kesalahannya hanyalah kerana tampil membela nasib warga setinggan Tasek Utara.

Bagi ramai, tahanan dalam ISA sudah cukup untuk melunturkan semangat politik. Tetapi bukan bagi Sdr Razak Ahmad. Semangat menegakkan keadilan tetap berkobar dan keinginan berjasa untuk insan tertindas tetap disanubari.

Pada tahun 1986, melihat kepada kekejaman Zionis terhadap rakyat malang Palestin dan untuk menarik perhatian kepada ketidakadilan di bumi Palestin, Razak Ahmad membantah kedatanganan Presiden Israel Chaim Herzoq ke Singapura. Beliau memberanikan diri berbaring di landasan keretapi Johor Bahru untuk menghalang tren KTM menghala ke Singapura. Razak Ahmad membuat sedemikian bukan untuk meraih publisiti murahan tetapi untuk membuka mata rakyat dan dunia kepada keperitan rakyat Palestin dan menghantar mesej kepada rakyat Palestin bahawa masih ada yang bersamamu.

Sekali lagi pada tahun 1995, Sdr Razak Ahmad menjadi perhatian.
Pantai dan laut adalah kurnia tuhan untuk manfaat rakyat. Tetapi pihak berkuasa apabila ditaburkan ringgit dan janji indah sanggup memfaraidkan persisiran pantai Lido kepada pemaju mengunakan alasan kononnya ingin melaksanakan pembangunan tepi pantai pada hal pembangunan sebelah pantaipun belum terlaksana.

Sdr Razak Ahmad mengambil tindakan untuk mencabar keputusan pihak kerajaan Negeri dan menyaman Majlis Bandaraya Johor Bahru. Malangnya Sdr Razak Ahmad bukan sahaja tidak berjaya dan dipaksa membayar kos tetapi lebih memilukan ialah hakim kes dalam penghakimannya menyelar Sdr Razak Ahmad sebagai “tukang sibuk”.

Kini apabila rakyat melalui tepian jalan pantai Lido kita boleh lihat melihat bagaimana cerucuk-cerucuk besi menjadi mercu tanda projek terbengkalai.

Saya pernah mengarang sebuah sajak tentang isu ini dan izinkan saya untuk mendeklamasikan sajak berjodol :-

BANDARAYA TERAPUNG AIR

Cecucuk-cerucuk besi di bibir pantai
yang dipukul ombak Tebrau
adalah testamen
angkara dan keangkuhan politikus-politikus
yang tergoda janji saudagar-saudagar impian
sehingga sanggup sekongkol menggadai pantai untuk ringgit

Dimanakah mereka kini
politikus-politikus dan adikara
yang memperlekeh suara-suara kerdil
mencerca mereka sebagai abar-abar.

Dimanakah hakim lagi arif
yang membidas peguam sebagai “busy body”
malah disuruh membayar kos
salahnya cuma mencari pengadilan
Kini siapa yang betul ?

Di bibir pantai
papan iklan yang dimamah mentari
masih degil mendabik menjaja impian yang sudah lama pudar.
Dibibir pantai
Cerucuk-cerucuk besi yang lama terbengkalai
aib berdiri sebagai mercu kegagalan.

(Info Johore Bar Sept 2002)


Hadirin yang di hormati,

Saudara Razak Ahmad pernah berkhidmat dalam Perkhidmatan Awam Negeri Johor sebagai Penolong Setiausaha Kerajaan Negeri dan pernah menjadi Timbalan Pengarah Tanah dan Galian. Beliau juga pernah menjadi Setiausaha Kerja FELDA dan pada masa itu Pengerusinya ialah Tan Sri Musa Hitam.

Hadirin, bolehlah bayangkan dengan jawatan-jawatan tinggi yang dipegangnya berpeluang untuk Sdr Razak Ahmad menikmati hidup yang lebih senang sememangnya sudah terbentang luas. Kontrak-kontrak kerajaan senang di bolotnya, menjadi Pengarah Syarikat-syarikat papan utama Bursa Saham Kuala Lumpur bukannya sukar. Pinggat Datuk dan Tan Sri hanya menanti masa. Malah menjadi seorang menteri tidak begitu mustahil.

Namun, untuk menghirup dunia senang lenang hanya boleh jikalah Razak Ahmad mengabdikan diri kepada wang ringgit dengan menutup mata kepada kesemua ketidakadilan, jika Razak Ahmad sanggup bersekongkol dengan ahli politik tidak bermaruah dan memekakkan telinga kepada ratapan rakyat dan jikalah Razak Ahmad sanggup membisu dan tidak membicarakan rentetan rakyat biasa dan sedia menjadi pak turut mengipas punggung si politikus keparat.

Malah dizaman serba senang ini, bukan senang untuk mencari peguam yang sanggup berjuang bersama barisan alternatif membela rakyat yang tertindas kerana takut-takut disenarai hitam dan tidak diletakkan dalam panel bank dan pemaju.

Tetapi Sdr Razak Ahmad bukan orang sedemikian yang boleh dipancing dengan wang, jawatan dan pangkat. Kerana itulah sepanjang hayatnya dan sehingga Sdr Razak Ahmad menghembuskan nafas terakhirnya Sdr Razak Ahmad melaksanakan perjuangan politiknya yang penuh dramatis dan penuh pengorbanan dengan caranya yang tersendiri. Prinsip pegangan hidupnya dan prinsip perjuangannya hanyalah satu untuk rakyat dan hanya untuk rakyat.

Benarlah bak kata ungkapan Melayu lama seperti yang terpapar dalam kad jemputan ke majlis ini “harimau mati meninggalkan belang, Manusia mati meninggalkan nama”.

Pulau Pandan jauh ke tengah
Gunung Daik bercabang tiga
Hancur badan dikandung tanah
Budi yang baik dikenang jua.

Budi dan jasa Sdr Razak Ahmad Budi akan tetap dikenang.

Dalam majlis terakhir Workshop Hak-Asasi Manusia anjuran Badan Peguam Johor pada bulan Julai 2007 Sdr Razak Ahmad selepas menceritakan pengalaman politik dan kepeguaman telah memberi nasihat “ I would urge young lawyers to come forward together with senior lawyers whenever you see abuses and take it up”.

Hari ini, Badan Peguam telah kehilangan seorang yang tidak gentar membela yang teraniaya. Hari ini politik pembangkang kehilangan seorang yang lantang bersuara berani berjuang. Hari ini Malaysia kehilangan seorang patriot.

Percayalah, wahai Sdr Razak Ahmad, kamu telah berusaha dengan sebaiknya dan sudahpun sampai di garis akhir. Bersemadilah sahabatku Sdr Razak Ahmad dalam kedamaian abadi.

Norman Fernandez
25hb Ogos 2007