Monday, June 4, 2018

WHO IS TOMMY THOMAS?



WHY HAS HE  BECOME AN ISSUE?

Just blank out that name.
The Prime Minister of Malaysia
Thomas the Train???

Let's talk about the candidate for the position of Attorney General in Malaysia

Who decides to pick the candidate for the position in accordance with the law?

This appointment must be done in accordance with the Federal Constitution. 

KEEP IN MIND THAT NO ONE AND ABSOLUTELY NO ONE, IS ABOVE THE FEDERAL CONSTITUTION.

THE ANSWERS TO THE QUESTIONS POSED ABOVE CAN BE FOUND BELOW:


THE ATTORNEY GENERAL OF MALAYSIA


The Attorney General is the principal legal adviser to the Government. His role and responsibilities are provided for in Article 145 of the Federal Constitution. Article 145 of the Federal Constitution provides:

(1) The Yang di-Pertuan Agong *shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.


(2) It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.


(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.

(3A) Federal law may confer on the Attorney General power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.


(4) In the performance of his duties the Attorney General shall have the right of audience in , and shall take precedence over any other person appearing before, any court or tribunal in the Federation.


(5) Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine.


(6) The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.




Please note the words in item (1) above; the word "*shall" is is used and it is important to note what that word means in this case;


*"when drafting a legal document, the term "shall" is used to indicate that something must be done, as opposed to the term "may" which simply means that something is allowed". 

The term shall is used here and it simply means there is no choice and that the Yang di-Pertuan must on the advice of the Prime Minister appoint the  person the Prime Minister advises him to appoint, there is no reference to race or creed.

All conditions fulfilled the appointment must go on, no one  can introduce any other terms.

As far as Islamic law in Malaysia is concerned it is interesting to note what the Borneo Post reported some time ago;

"According to Malaysian jurist Zaiton Othman, contrary to the perception of many, Malaysia is not an Islamic country. The Federal Constitution of Malaysia provides that Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation."
 

The Attorney General is not the person to advice the King on matters of Islamic law,  as is clearly implied in item (3) above  Matters of the Syriah courts are beyond his purview.

The Attorney General however will advise the Prime Minister and the King on the provisions of the Federal Constitution as may from time  to time be requested by either the King, the Prime Minister, or any Minister in the cabinet of Malaysia.

What is is of utmost importance is that the person who holds the position is qualified and capable and is appointed after taking into account the best interest of the country which is matter for the government fo the day to decide.



Tuesday, May 22, 2018

IS ROSMAH VYING THE WANITA HEAD POSITION IN UMNO?

Has  Rosamh designs for Sharizat's position in UMNO?
Now with Najib's resignation from UMNO is Rosmah mansor going to attempt a Hilary Clinton, Malaysian style?

Can she lead Wanita UMNO?
Of late Rosmah has been trying to grab the limelight again, with statements via the press asking the Police investigating the 1MDB scandal to stop leaks about the bags, jewelry and cash confiscated during the raid.

One would have expected a statement
to that effect to have come from Najib Tun Razak, but here it was Rosmah still talking down to the cops.

 "Despite the overwhelmingly trying times afflicted upon us, we have, and will continue facilitating, and avail ourselves to any requests."

“However, we would like to bring to attention about the seemingly compromised inquiry process, whereby a series of leaks pertaining to the probe has made its way into social media spheres, in real time,   enforcement agencies should not be feeding social media trolls, but observe and uphold strict professionalism at all times,” she is reported to have said..

In an exclusive interview with the UMNO owned Malay Mail she expressed doubt the current Pakatan Harapan (PH) administration would continue her Permata programme.

 "Accompanied by her lawyers, Datuk Geethan Ram Vincent and M. Puravalen and this was her first press interview since the BN lost the 14th general election and law enforcement agencies began investigating her family over 1MDB.

In an immediate response to Rosmah's call for the continuation of  Permata Face book users suggested that whatever the government decides to do with Permata, they should first conduct a complete audit of the body.

The Deputy PM has also come out saying that may continue with Permata but needed to conduct an audit of the body first.

Najibs is always "Press Shy," especially in controversial issues and more so with 1MDB, on the other hand Rosmah loves the limelight and feels she has the ability to handle the press.

Two  of UMNO's branch leaders , whom  I met yesterday told me, this, "don't write Rosmah off, we really do not know the impact she can create on UMNO, and she may just go for Sharizat's post."

Well I shared this statement with my friends and all seem to agree that this is most certainly a possibility as with Rosmah you really never can tell.

Will Rosmah go for the position of Wanita head and possibly eye the Presidency in UMNO to attempt to be the first woman  PM in Malaysia to outdo Dr. Wan Azizah?

Well you really can't tell but the more people I talk to the more are convinced that she is capable of giving it a shot.