Thank you Pak Lah… but..

I am very please with the PM and cabinet decision that they had “apologize” to Tun Salleh Abas and now have made known publicly of their intention to create an independent BPR. I want to share my views and experience in a parallelism to my own small ways in running a “social organization” where we the office bearers has to put a high standard of integrity and shows an even higher professionalism. For the record, we are in a voluntary service where many people who do not want to volunteer but are very critical in making comments. Of course, we welcome the relevant comments but there are many hecklers out there who are not interested in coming forward to help but just like to make noise. Some claims that they are the African bees but, my own perception is that they are no more than a pesky house fly.

Apologize… Don’t apologize… Indirect apology…. Almost an apology

From many articles that I read, many writers insisted that the Government should apologize. Off course, being the Government, they feel they should not apologize. Instead they do a PR exercise where they get Tun Salleh Abas and Pak Lah shaking hands and splash it across the media. They even arrange it in such a way that both Tun Salleh and Pak Lah were sat at the same table giving an impression that everything is OK between them. It is no secret that the event is done to shut Tun M mouth.

In politics, especially when you are the big man.. in Malaysian Culture saying “SORRY” is like equivalent to saying “YES .. I AM GUILTY.. YES I DID IT..” Saying sorry is no longer being seen as a conduct of gentleman. It is no longer being seen as an honourable gesture. My interpretation is that when the Government wants to give ex gratia payment, it is indirectly trying to say sorry.. the Malaysian style… indirectly. In this context, the question that I want to ask is – Is it appropriate. What I want to know is, on what basis or provision of the law the Government giving Ex Gratia payment. Everyone is bound to JPA circulars. That is why I want to know which circular or under which section of the law, the Ex Gratia is being given.

Tun Salleh (and others), please don’t get me wrong. I am not questioning the issue whether you deserves it or not. That is a different matter all together. What is in question is the conduct of the government. Two wrongs don’t make it right. I think the apology must also be given to all Malaysian especially those who have become victim of the subsequent appointed court officers.

What is a right thing to do?

The right thing to do is to for the government to conduct an Independent inquiry on the actions of the tribunal that makes the decision. This must be done by an independent party (another Royal Commission) and this commission must establish whether the laws have been breached by the previous tribunal. At the same time, the commission must establish whether there is an unseen hand that influences the original tribunal. If there is a mistake, then rectification must be done. The wrong must be punished. The victim must be compensated. It also appears that the wrongs are getting off scoot free. At the current moment, it is implied that Tun Salleh (and his friends) are victims and this has not been established. The royal commission must also established whether the Article 122 (and other relevant articles) of the Federal Constitution need to be revert back to its original form to ensure that justice is prevail. Formation of independent body to appoint judges alone is not good enough.

BPR.. Making it independent.. is it really independent…

I commended the announcement of PM that they want to make BPR as independent body and it will follow the form of the Hong Kong model. I pray and hope that this will happen and will not be another PR exercise.

Why did I say it is a PR exercise? How many of us remember the raped of Bukit Cerakah? The immediate reaction of the PM is outraged. He shows his anger and frustration on TV. He blamed greedy developer and among others he says openly that from then onwards, all developers that are developing any land above the size of 20 hectares (compared to 50 hectares at that time) need to do a full EIA. The reality only surfaced last week when I had attended a meeting chaired by Ronnie Liu at MPAJ where a discussion was held between MPAJ (and other agencies) with residents of Taman Hijau.

The rep from EIA was grilled by the residence and he openly admitted that DOE only do EIA for projects involving a minimum of 50 hectares and he claims that as a government servant he is obliged to follow the laws. He was right. He also told all that was present that what the PM says is one thing but if the changes is not gazetted, their hands are tight. I saw many jaws dropped. This chap was being frank and sincere. He was merely bound by the law. Of course for some unknown reason, the Director General of DOE didn’t want to exercise his vast powers ( to do a complete EIA of any land development of any size) when he can. I wonder why?

Similarly, I hope the PM is not doing a PR exercise here. It should take measures to ensure his instruction is being carried out. I just gave one example. There are many more which I will share with others from time to time. So, my dear PM (Pak Lah), I will kiss your hand like what the other UMNO members do if you do what I have recommended above. Set up a tribunal to analyze the issue of Tun Salleh (and others). Ensure your instruction is carried out. We must do the right thing. If apology is warranted then apologize. That will make you a bigger man. If, Tun Salleh (and others) deserves an Ex Gratia payment then do it within the procedure of the law. At the moment, I see the way is being handled by buying up Tun Salleh (and others) with money. Isn’t this is a form of bribery? Maybe the BPR must review the case and see whether, the Cabinet has not breached the law in giving this Ex Gratia. This will test the BPR independence.