The Analysis
Showing posts with label corruption. Show all posts
Showing posts with label corruption. Show all posts

Thursday, August 2, 2007

TOWARDS A DECENT SOCIAL ORDER FOR ALL MALAYSIANS

An excerpt from the inaugural lecture by Raja Nazrin Shah, Raja Muda of Perak, to commemorate the legacy of Professor Syed Hussein Alatas on July 31, 2007, in the Islamic Arts Museum, Kuala Lumpur. The lecture was titled "Towards a decent social order for all Malaysians."

Before I begin, let us observe a moment of silence in memory of Allahyarham Professor Dato' Dr Syed Hussein Alatas. I invite Muslims in the audience to offer the Al-Fatihah for his soul and the souls of all those who have passed on before us.

2. I am delighted to be able to present this lecture on the legacy of Allahyarham Professor Dato' Dr. Syed Hussein Alatas. For more than five decades, Alatas was one or Malaysia's leading intellectual lights. He was a role model and inspiration to many and i include myself among them. He was more than a pioneering Southeast Asian social scientist. He was a public intellectual whose ideas and influence touched many fundamental aspects of Malaysian life. He wrote on subjects that resonate deeply within society. He was far from the "useless sociologist" that he claimed to be in this matter, at least, he was completely wrong. The many glowing tributes' that have been published since his departure, both within and outside the country, are clear evidence of this.

3. The truth is that Syed Hussein Alatas made a great impact during his lifetime. He continues to do so today through his writtings and through those whom he influenced. Alatas was not only a brilliant academic. He was also a public figure who believed deeply in this country and did what he thought was right even if it cost him dearly. He never hesitated from speaking the truth.

4. Alatas' work has substantial, indeed, profound, implications for a decent social order for all Malaysians. This lecture will focus on three themes that Alatas felt most compelled to write about and which are as relevant today as they ever were.

The first was religion, especially islam and how it was positive force in development; The second was how Asian needed to be mentally liberated from colonial and western patterns of thinking. He was an ardent believer in Asians being able to think independently and creatively for themselves. The third theme was creating the conditions for good governance, particularly the eradication of corruption. He regarded the scourge of corruption to be the most damaging in developing countries.

5. Alatas wrote on other subjects as well, on history on Malaysian politics and in his own field of sociology. The scope of his work was very wide and his output remarkable. He published more than 16 books and over 50 articles and papers during his lifetime.

6. Schooled in the European tradition. Alatas was also equally familiar with the writings of Islamic scholars. This added a dimension to his analysis that was rarely available to most western social scientists. Whether conducting a penetrating analysis, constructing an intricate argument or the pen and his mastery of language meant that he was capable of conveying the most nuanced thoughts and arguments.

7. As with all good scholars, he was fiercely independent of mind. He refused to be subservient to any foreign imposed epistemology or to neglect his intellectual roots. He could take on and take apart western scholars and eastern politicians alike with devastating critiques. At the same time, Alatas was fair-minded. He was not an ideologue. He thought about issues rationally. He was prepared to acknowledge the importance of the contributions of those he disagreed with provided they had merit.

8. He was proudly Malay, passionately Muslim and yet persistently multi-racialist. He believed in non-communal politics, an ideal he shared with his illustrious uncle, Dato' Onn Jaafar. He knew how strong the retrogressive forces at work in society could be. He was a rare breed of man in his day and rarer still in this day and age. I will now turn from the man to the first of his great themes, namely, religion.

Religion, Islam and Development

9. The world view on Islam in the West has been tainted by past prejudices when little was know about it. Exacerbating the current situation are books on Islam written by non-Muslims. I am reminded of the comment by Schopernhauer, "What Peter says about Paul says more about Peter than it says about Paul".

10. The tendency to give islam fictitiously antagonistic and anti-modern qualities is unmerited and unwarranted. It would have been all too easy to become angry at the unfair allegations launched at the Muslim world and to repay hatred with hatred. While an emotional response of some kind could be understandable, it also runs the risk of being counterproductive. One hardly demonstrates the superior nature of one's religion by taking actions that contradict them. This is something that the radicals of all religious stripes, and not only those who are Muslim, have failed and still fail dismally to comprehend.

11. Alatas' response to the unjust views about Islam was to be committed, alongside others in the Muslim world, to inter-civilisational dialogue. At the tender age of 26, he founded and edited a journal entitled 'Progressive Islam', which was dedicated to "the promotion of knowledge concerning Islam and Modern thought". Two years later, in 1956, he published a small booklet entitiled 'The Democracy of Islam'. He demonstrated to Muslims that they have nothing to fear, either doctrinally or intellectually, to anything that the West had to throw at them. They could be as knowledgeable and confident as any in the western world.

12. His defence of Islam comprised not just in appealling to Quranic authority. He drew on Greek, Roman, liberal and even socialist thoughts. He was able to soundly cite little-known historical events and well-known historical authorities. And because he was familiar with the world's major religions, he was able to rationally deconstruct the popular arguments against Islam to show the underlying myths and fallacies. Through dialogue, he was able to engage western intellectuals, inform them, make them reconsider their arguments and eventually earn their respect.

13. Today, there are those who think that the interest of the Islamic world is somehow advanced by being insulated and isolated from the west. They think that they can gain appreciation and admiration by mantra-like repetition of religious doctrines. And where Islamic civilisation in the past loved knowledge and produced great scientific and technological breakthroughs, the present appears to be marked by a sad lack of ability and an even sadder lack of interest.

14. Many Muslims today consider themselves under siege to such an extent that their only option is to escape into "other-worldiness". When they respond to provocations, It is to lass out with displays of heated emotion rather than cool reasoning minds. Little do they realise that the less rational the discourse and the more coercive the reponse, the greater is the extnt to which Islam's authority and power is undermined. If Islam has to be defended by force rather than reason. I would submit that there is something fundamentally wrong about our interpretation of it. Such responses are by those who lack the knowledge and self-assurance of Islam's fine intellectual and discursive tradition.

15. As a sociologist, Alatas showed that Islam is not opposed to progress but is inherently compatible with capitalism and modernisation. The qualities that were supposedly part of the capitalist spirit such as a strong work ethic, frugality time management, rational thinking and most importantly the concept of a 'calling' by the Almighty were all "strongly pronounced in the Islamic ethic". The application of scientific knowledge to all aspects of human life is also compatible with Islam. These include objectification of nature, rationally, empiricism, critical and inquiring thought and emphasis on systems procedures. If some Muslims do not demonstrate their economic proficiency, he argued, it was not due to Islam. Rather, non-religious factors were at work. If Islam were to blame, one would find Muslims everwhere devoid of economic success. This is clearly not the case.

Mental Liberation

16. The second of Alatas themes is that of mental liberation. In his seminal work, 'The Myth of the Lazy Native', he analysed colonial capitalism and the way the natives of Malaya, the Philippines and Indonesia were portrayed. He then comprehensively deconstructed the accounts which stereotyped their poor racial qualities. He argued that it was the colonial system that produced the observed behaviour. The natives of these countries were no more nor less hard working than any if the surrounding political, economic and social environment were the same.

17. The visible effects of colonialisation have been studied and are relatively well know. What had been much less examined, however, was the way that colonial ideology was held in place the invisible yet pernicious effects that it exerted on thinking. Colonial ideology required that the ability of the natives be lowered in order to justify foreigh powers taking and holding on to the reins of power. Thus, they were typecast as being unable to fulfill proper economic functions by reason of their nature.

18. Even more damaging than the typecasting was the insidious effects on thinking. Colonialism created a total schema or what i like to refer to as a "thought regime" which dominated the way people understood and spoke about subjects. Words, concepts and supposed cause-and effect relationships were all constructed to suit the purpose of the colonialists. What was particularly annoying was that colonialists then accused the local populace of becoming addicts.

19. As a result, intellecutal thinking became "captive" to the prevailing thought regime. It became bound by colonial language and assumptions, imitative and non-creative. This was something the communists also understood very well. From an early stage, they imposed social order throgh such means as mass propaganda campaign, the decimation of intellectuals and so called "re-education" programmes, all in order to impose the desired worldview. History was rewritten to favour the political order. Facts were omitted or misrepresented to shape collective social consciousness. Language itself was subverted to serve the regime.

20. The recognition that minds can held captive to particualar worldviews was an important step in the intellectual development of former colonies. Not only did countries have to be decolonialised politically, they had to be de-colonialised in terms of mindsets. Having achieved freedom we need to be careful not to fall back into set patterns of thingking which serve narrow interests and stifle the spirit of inquiry, creativity and ultimately, change. Entrenched interests, of course, generally prefer the status quo. They do not appreciate being challenged by new ideas and new ways of doing things. And change is essential if countries are to develop holistically.

21. The one group Alatas turned to was intellectuals, which he believed would serve as an antidote to two widespread 'poisons' in developing countries.The first of these poisons were those he called 'fools' - persons who were educated but yet unable to provide any creative solutions to the problems of the day or to demonstrate high standards of behaviour and performance. According to him, developing countries lag behind others when a large number of fools determine the interest of the nation. 'They usually just follow the line of least resistance. The second poison was 'bebalisma' - a general attitude of ignorance, indifference and idolence (or dislime of work). It makes society non-anticipatory, non-thinking, non-rational and non-contextual. No priority is given to the things that really matter and no embarrassment is felt for mistake and shortcomings.

22. The concept of the fool and bebalisma stuck a chord with the Malaysian public. Who, after all, does not have a favourite personal story of clownish bureaucracy or of bebalism? The stakes, however, are much higher.

"To lack intellectuals," Alatas said, "is to lack leadership"

Our national problem', he said, "should be tackled with intellectual justice, not with exploitative ignorance" intellectuals possess the ability to pose, define and analyse problems and propose solutions.

Good governance

One of the great themes in Professor Syed Hussein Alatas' work is known in today's parlance as 'governance'. He fought tirelessly to elevate integrity and justice in society and to correct social ills. The battle against corruption received top priority. His books on the topic were published from as early as 1968. Four of his publications were exclusively devoted to the discussion of this social illness. He drew attention to the debilitating effects of corruption on the human condition.

Corruption is mankind's most deadly social disease. It is a disease than can undermine good governance, weaken institutional foundations, distort public policy, compromise the rule of law and constrain the economy. If not nipped in the bud, it is like a cancer whose deadly cells multiply rapidly and pervade the body politic. Once corruption becomes widespread, there is the danger that corrupt acts will no longer seem immoral and unlawful - just business as usual. In Syed Hussein's terminology, it can even become 'an industry' in itself.

A society where corruption is rife is one where the actions of an unprincipled minority have detrimental consequences on the welfare of the majority. The interests of a minority override the interests of the majority. It curbs competitiveness to the detriment of economic and social development. It leads to tremendous misallocation of resources. The cost of doing business becomes unacceptably high. Investors shy away. Incomes fall. Jobs are lost, People suffer.

Corruption exists because of man's enduring desire for personal gain.

The monotheistic religions believe that even the first humans, Adam and Eve, were bribed - by a serpent. As the story teaches, the consequences for humanity were colossal. History has shown how a culture of corruption can lead to the fall of empires and the destruction of civilsations. Unfortunately, societies have not always learned from their own sufferings. Greed can be so rife that lessons from history often go unnoticed.

This is why values, and principles based on integrity and soical justice, as enaunciated by Syed Hussein, are crucial. Mental attitudes and values are what shape a nation's development. Strengthening processes, systems and institutions can only be effective if a strong value system exists as the foundation.

In addition, the environment in which corruption takes place has to be conditioned to keep it in check. The starting point is with the nation's leaders. Figures in authority must be chosen for their integrity first and qualifications second. They must take personal ownership in bringing out a decent social order, and they must be held accountable if they do not achieve it. Those with a chequered past or clear evidence of questionable morality should be prevented from taking office. There should be zero tolerance for corrupt practices.

There must also be concrete anti-corruption measures and management practices based on efficiency, transparency and accountability. This is the second leg. Unnecessary and complex regulations and licensing requirements should be pared back or else simplified in order to discourage under the table deals. The award of contracts should be fairly and transparently administered. Oversight agencies and appeal processes should be in place to ensure that discretionary power is not abused. It goes without saying that an anti-corruption system must be functioning and effective.

Syed Hussein was right when he observed that there was no leader or any developing country who had not adopted an anti-corruption platform. Those who could be taken seriously, however, were very few.

The third leg of good governance is the mobilisation of public opinion. Syed Hussein placed great store on the power of public outrage. He believed that if you awakened society's consciousness to the ills of corruption and gave cases of corruption widespread pubilicty, it would generate such an adverse reaction the the government would be forced to take action. Complaints and protests may be irksome, but they should be treated as welcome and constructive feedback.

Syed Hussein's work has many implications for a decent social order for all Malaysians. Before going into some of them, let me do what the good Professor would have done, and that is to define exactly what the term 'social order' means. While there are many competing and complementary definitions, the one I choose to use is simply this: A social order is one where formal and informal social institutions, customs and practices determine and reinforce what are acceptable and unacceptable social norms and behaviour in society. The former include class, ethnic, religious, kinship and intellectual influences.

A decent social order would be one where the social factors mentioned above produce social norms and behaviour that are fundamentally efficient, productive and just. Not only that, I would add that the idea of decency implies standards that are more than minimally adequate but which correspond to the highest international levels. What does all this mean in concrete terms? What characteristics or traits would a decent social order in Malaysia have? Let me quickly summarise five of them.

First, if Malaysia is to have a decent social order, it cannot be characterised by social fragmentation and polarisation. The social order must be one that leads to cohesion within and among communites. There must be horizontal equity whereby all Malaysians in equal circumstances are treated in exactly the same way.

Second, the social norms that a decent social order produce would lead Malaysians of all races and religions to engage one another with absolute civility and respect. Coercion and overt and covert threats of violence as a means of attaining political, economic and social ends would never be sanctioned. The only legitimate way to take into account differences and resolve problems is through dialogue and negotiations.

Third, Malaysians would feel a deep-seated sense of ownership over the problems of the country. They would be motivated to take decisive action and to make whatever sacrifices that are necessary for the good of the country. There would not be the high degree of indifference and apathy that there is at present. There would not be the tendency to escape from the challenges confronting the country or to apportion blame.

Fourth, only Malaysians who are capable, hard working, bold and scrupulously honest would be allowed to serve in positions of responsibility. Those who are inefficient, incompetent and most importantly, corrupt would be held in absolute and utter contempt by society. In this regard, the fight against corruption would be the first priortiy in the Malaysian development agenda. It would be recognised that corruption ensures that no decent social order is possible. Actions to ensure a corruption-free society would be unrelenting.

Fifth, the public would have a high degree of trust in the pillars of state, the executive judiciary and legislature, as well as the civil service and police. Those appointed to these institutions would be the best the country has to offer. They would never allow respect for their office to be compromised in anyway, preferring to resign rather than let it fall into disrepute. At all times, the rule of law would prevail.
In short, a decent Malaysian soical order would be one that is based on inclusiveness and accommodation as opposed to marginalisation and discrmination.

Problems that are of racial or religious origin would be resolved in ways that demonstrate the best aspects of race and religion rather than driving Maysian away from each other. Indeed, if Malaysia professes to be an advanced country, it had better be prepared to meet a higher standard of behaviour and morality. Anything less and it runs the risk of being declared a shameless sham.

Perhaps Syed Hussein's most important and enduring legacy for a decent social order for all Malaysians - one that underscores all five points I have mentioned - is his insistence on values and morality as a basis for public dicourse and action. Without these, development will not lead to the social uplifting of all Malaysians. Instead, it will result in rampant corruption, extreme elitism and perilous social inequlity.

40. In her tribute to Alatas, Dr. Deborah Johnson concluded as follows; "Perhaps posthumously and in the light of the distance that the passage of time brings, the work of an intellectual such as Syed Hussein Alatas may receive the balanced, critical attention that will affirm his contribution to crtique of 'fools', Alatas would possibly have been even given more public honour. Far more accolades have been heaped on those who have done far less. This presumes, however, that wealth, prestige and position were what he wanted. His life and his work show otherwise.

NOTE: Prof Syed Hussein died on Jan 27, 2007.

Tuesday, April 24, 2007

MAKING MALAYSIA CORRUPTION FREE

MAKING MALAYSIA CORRUPTION FREE
By Mohamed Jawhar Hassan*

The 2Ms attempted it 25 years ago. They launched the Bersih, Cekap dan Amanah initiative. They tried their best, but they did not succeed. Though the situation in Malaysia was much better than in most of the rest of the world, corruption continued unabated. Many even think that the problem grew worse.

Abdullah Badawi took over the reins and won the general elections that followed on a promise to wipe out corruption. Some felt that while it was laudable, the solemn pledge to eradicate corruption was politics, corruptionally unwise.

Corruption was too embedded and endemic to easily root out. The Mahathir administration had failed. The challenges were formidable, and there was every likelihood that the Abdullah administration too would fail. This would seriously undermine the new Prime Minister’s credibility, and dim his political star.

Progress

That Abdullah does mean business is shown by the fact that in the last three years there has been a record increase in the number of arrests made by the Anti Corruption Agency. From a total of 339 arrests in 2003, the number mounted to 497 in 2004, 485 in 2005 and 433 until October last year. The number of successful convictions has also increased substantially. A highly commendable 75 percent conviction rate is expected for 2006.

Further, the ACA was also beefed up, a National Integrity Institute was established, and a clear strategy to curb corruption is in place.

Scepticism

The public however has remained generally unconvinced despite this significant progress. Occasional reports of abuse of power and corruption and ineffectual enforcement have contributed to this sentiment. The 2006 Corruption Perception Index released by Transparency International appeared to reinforce negative perceptions. Malaysia slipped five ranks in the global survey of 163 countries, from 39 in 2005 to 44 in 2006, though in terms of score there was hardly any difference (from 5.1 to 5.0). Clearly, the progress achieved on the anti-corruption front did not register on perceptions. Perhaps it was a failure to effectively communicate the positive news. It must be noted too that despite the slip in ranking, three-quarters of the world is still behind Malaysia.

Political risk and courage

Pak Lah has also embraced other difficult “soft” development issues – transparency, accountability and more space for the media, besides greater credibility for political institutions. Notwithstanding that there is a compelling need to address all these issues if Malaysia is to become a fully developed country by 2020, the Prime Minister is further compounding his political risks, for the hardest issues to address are the soft issues. His administration becomes more vulnerable, because it is exposed to keener scrutiny and subject to higher standards. Governance is much easier in a more closed environment.

This risky course adopted by the Prime Minister suggests either political courage or political naiveté of the highest order. In the case of Abdullah it cannot be the latter, for he has been through too much. His courage deserves the full support of everyone – his colleagues in the cabinet, the political parties both in government and the opposition, public interest groups and the person in the street. For leaders like him are few and far between. His failure will be our failure.

A campaign by all

The campaign against corruption is one in which we all have a direct and important stake. It is easily one of the nation’s most formidable challenges, for corruption exists, to a greater or lesser extent, in the political structure, the bureaucracy and the business sector. The ordinary citizen too is implicated, by virtue of occasionally being the giver.

The government is presently consulting with a wide cross-section of business, public and private stakeholders on how best it can substantially enhance the effectiveness of the campaign against corruption. The outcome is eagerly awaited by all, not least the international community.

20 ideas

There are many critical and important things the government with the cooperation and participation of the major stakeholders can do, or do better. The following 20 ideas, some of them not entirely new, are perhaps worthy of consideration.
• The campaign cannot be a one-man mission. The Prime Minister must receive dedicated support and active participation at all levels and in all sectors.
• Designate the eradication of corruption as among the highest priorities of the nation.
• Adopt a no-nonsense, zero-tolerance approach to corruption eradication. A single-minded purpose should be inculcated at all levels and in all sectors.
• Set a realistic target, one that pushes the envelope, but is not impossible to accomplish. The present target of a ranking of 30 and score of 6.5 in 2008 cannot be achieved. Hong Kong, an oft-quoted success story, took a little more than 20 years to reach its 2006 ranking of 15 and score of 8.5, and Hong Kong is arguably a smaller and less challenging environment. Malaysia should aim for a minimum ranking of 20 and score of 8.0 by 2020, when it aspires to be fully developed. The score is more meaningful than the ranking. There should also be appropriate pragmatic annual, 2010 and 2015 intermediate targets. An annual increment of 2 ranks and score of 0.3 is perhaps desirable.
• Supplement the national target with corresponding state and institutional or departmental targets. It cannot be campaign by the centre alone, with the states neither seen nor heard.
• Apply key performance indicators at all levels and institutions.
• Strengthen a culture of integrity and abhorrence for corrupt practices in formal education, training programmes and public sensitisation campaigns.
• Raise investigation standards through better training and oversight among ACA and police officials as well as DPPs.
• Expedite court hearings of corruption cases.
• Make government services generally more transparent and accountable.
• Replace the Official Secrets Act with a Freedom of Information Act that ensures access to information that is of public interest, but which nevertheless provides for confidentiality on matters of national strategic and security interest.
• Reduce layers of bureaucracy and multiple tiers of approval without undermining efficiency and need for minimum check and balance.
• Provide more government services on-line, so that opportunities for corruption are reduced. On-line services should enable tracking of progress and stipulate minimum response times for enquiries.
• Consider increase in remuneration for low-wage groups especially for those working in urban high cost of living areas (for example through an increase in COLA or other benefits).
• To reduce the human factor, select and emplace only men and women of integrity for key high (corruption) risk positions (heads of service; heads of departments; oversight and investigation units; assessment agencies; and payment and collection units). The selection process must provide for this.
• Implement periodic rotation of officers in corruption-risk departments and positions, except for top key personnel of manifest integrity.
• Launch a high-impact drive against corruption with highly publicised arrests and disciplinary/legal action. The ACA now has increased manpower and resources for this purpose.
• Raise the penalty for offences under the Anti-Corruption Act and departmental regulations.
• Encourage whistleblowing and provide protection, incentives and non-monetary rewards for whistleblowers.
• Establish an independent Public Services Complaints Commission by Act of Parliament that is empowered to receive complaints and investigate corruption and misconduct in all branches of the public services as listed in the Federal Constitution – the general public service, the judicial and legal service, the police and armed forces, and others. The Commission should function as a complement to the ACA and departmental disciplinary bodies.

The exercise to reduce corruption will mutually complement and reinforce the other major initiative to improve delivery of services launched by the Abdullah administration. Both are sorely needed. They are part of the overall effort to improve governance and competitiveness, and position Malaysia firmly on the road to becoming a fully developed country by 2020.

They deserve our total support.


* The writer is Chairman and CEO of ISIS Malaysia. The views expressed are his own.


Saturday, April 21, 2007

Sarawak Chief Minister to sue Malaysiakini

Taib Mahmud, Sarawak CM to sue Malaysiakini
Apr 20, 07 1:56pm

Sarawak Chief Minister Abdul Taib Mahmud has demanded malaysiakini to remove several articles concerning accusations of corruption allegedly linked to him and his family. Taib, who has been the Sarawak leader for 26 years, said he would take legal action should malaysiakini refuses to do so in 48 hours. In the letter which was hand-delivered late yesterday to the malaysiakini office in Kuala Lumpur’s Bangsar Utama, Taib identified eight articles which he claimed were defamatory. These articles - published between April 6 and 14 - alleged that Taib has been implicated in a kickbacks scandal involving RM32 million in kickbacks paid by Japanese shipping companies for timber from the resource-rich state.


According to the report, the multi-million ringgit ‘commission’ - made over a period of seven years - was paid to a Hong Kong company said to be linked to Taib - who is the country’s longest serving chief minister - and his family. This was uncovered by Japanese tax authorities who deemed the payments made by the shipping companies as ‘illegitimate expenses’ since the Hong Kong agency, believed to be a paper company, did little ‘substantive work’ to justify the payments. According to tax authorities, the shipping companies had tried to disguise the payments as ‘business expenses’ and were thus not taxed. Japan Times reported that the shipping firms were likely to be slapped with well over 400 million yen (RM11.6 million) in back taxes along heavy penalties for ‘hiding’ the funds from tax authorities.


Following this, several members of parliament have urged the Anti-Corruption Agency (ACA) to investigate their colleague as Taib is also MP for Sarawak’s Kota Samarahan, near Kuching.

"The words contained in the above articles clearly referred to our client and were highly defamatory of our client," read the letter from Shearn Delamore & Co, the legal firm representing Taib.

It stated that the published articles "amount to a very serious libel" against Taib and has caused him "considerable distress and embarrassment". "These baseless allegations have lowered our client’s reputation in the estimation of the public and exposed him to hatred, contempt and ridicule." "All the allegations made against our client are false and your attack against our client is wholly unjustified," added the two-paged letter. The letter demanded malaysiakini to do the following:
• Stop from publishing defamatory words or similar words to that effect.
• Immediately publish a full public retraction and apology according to terms approved by Taib.
• Provide Taib with a written undertaking within 48 hours that the website will refrain from publishing defamatory words or similar words to that effect.
• Nominate a substantial compensation sum within 48 hours for injury and damage to Taib’s reputation.
• Indemnify Taib of all costs incurred in this matter.

The letter also stressed that should malaysiakini fail to provide a satisfactory response to the demands, legal action will be taken.

Contacted this morning, a representative from Shearn Delamore said he was unable to reveal whether parties other than malaysiakini have been issued similar legal letters. Malaysiakini: We'll fight In an immediate response, malaysiakini editor-in-chief Steven Gan said the online news website intends to fight the law suit. "Over the past seven years, we have published numerous reports on corruption. Malaysiakini is not in the business of apologising every time we report on such scandals. As journalists, we have a duty to report on such matters, which is of public interest," he added.

Prime Minister Abdullah Ahmad Badawi had last Thursday said that the ACA could investigate the allegations if a report is lodged.

However, Gan said ACA need not wait for a report to be filed to launch a probe on the matter. "In any case, now that reports have been lodged, there’s no excuse for ACA not to open an investigation on Taib," he added. According to Gan, the law suit was aimed at muzzling malaysiakini.

"If by filing the law suit, Taib hopes to intimidate us, he is dead wrong. When we go to court, we have a long list of witnesses whom we plan to call - starting with the ACA and Japan’s tax authorities," he said. "This could turn out to be the mother of all court battles."


Thursday, March 29, 2007

"WALK THE TALK" MR. PM, INDICT ZULKIPLI !

Mr PM, indict Zulkipli!
by P Ramakrishnan
Aliran President
Wednesday, 28 March 2007

Anti-Corruption Agency chief Zulkipli Mat Noor can no longer be in office holding on to his position as Director General. It is an embarrassment to the ACA! An institution entrusted with the highly demanding responsibility of checking and eradicating corruption cannot be headed by an individual whose character and integrity comes under a cloud of suspicion. We cannot tolerate this absurd situation. The Prime Minister must surely understand this.

Zulkipli was not merely accused of being corrupt by any ordinary citizen. It was not a wild allegation by any means. But in this case, the accusation came from a senior (now retired) ACA official, Ramli Abdul Manan, who had investigated the issue of corruption involving Zulkipli. According to Ramli, the former Sabah ACA director, he had studied this particular case and had indeed filed his report in July 2006 alerting the ACA, the then Inspector-General of Police and the Prime Minister regarding Zulkipli's corruption. Strangely, no action was taken to pursue this matter.

Besides this, it has been disclosed that several reports dating back to 1997 were lodged with the police by a woman alleging sexual molestation and behaviour unbecoming of an official, who strangely seems to be enjoying the confidence of the authorities.

In spite of these earlier reports, Zulkipli’s contract was extended three times since his appointment by former Prime Minister Dr Mahathir Mohamad in 2001. (His current term ends on 31 March 2007.) We are now told that the police are investigating this case.

Notwithstanding this, further allegations of corruption have emerged with Dr Jeffrey Kitingan lodging a 24-page police report implicating Zulkipli with corruption.

What is really worrying Malaysians is that Zulkipli continues to be on duty and in service as Director General of the ACA. There is this real fear that, because of his top position, he has access to ACA files and information pertaining to his case. It is legitimate to wonder whether there is a possibility that evidence can be tampered with or witnesses threatened. This is something that cannot be easily dismissed or overlooked.

Zulkipli’s position in the ACA is tarnishing the image of the ACA. People are losing their confidence in the ACA as a body truly dedicated to wiping out corruption. When citizens no longer view the head of this very important agency as a man of impeccable character, then the entire outfit suffers. Its credibility is shattered and the very purpose of setting up the ACA is rightly questioned. We cannot have a person remaining in such a crucial office if his integrity has been called into question or if there is the slightest hint of irregularities.

Aliran is of the view that Zulkipli should be indicted. Indicting an officer while the case is being investigated is part of the disciplinary process. When an officer is cleared, he can be reinstated without suffering any loss in salary or seniority to his rank. Why should it be different for Zulkipli, Mr PM?



Thursday, March 1, 2007

The Zulkipli case is getting curiouser and curiouser

The Zulkipli case is getting curiouser and curiouser
by Lim Kit Siang

The Zulkipli case is getting curiouser and curiouser – with the ACA head caught “red-handed” telling a lie that he had been cleared of serious corruption allegations made against him

The case of the Anti-Corruption Agency (ACA) Director-General, Datuk Seri Zulkipli Mat Noor is getting curiouser and curiouser - panning out even to raise serious questions about the efficiency, competence and credibility of the Police, the Attorney-General’s Chambers, the Cabinet and the Prime Minister.

Firstly, the Sun today in its front-page headline story, “Papers with AG – Police resubmit investigation file on ACA chief to Attorney-General” reported the disclosure by the Inspector-General of Police Tan Sri Musa Hassan that the Kuala Lumpur police investigated the complaints on sexual crimes and assault allegedly committed by Zulkipli against a housewife in 1997 and later submitted investigation papers to the AG’s Chambers.

However, as the AG had not reverted to the police on the next course of action, a fresh submission was made yesterday.

The New Straits Times in its front-page report “GRAFT AND SEXUAL ABUSE ALLEGATIONS - SPEED UP PROBE ON ACA CHIEF – Attorney-general tells IGP” tells quite a different story.

NST quoted the Attorney-General Tan Sri Gani Patail that Zulkipli was cleared years ago of a claim of sexually abusing a woman after a thorough investigation into the sexual assault allegation in July 1997. The police investigation papers (IP) were submitted to the AG’s chambers on Oct. 24, 1997, and the AG’s Chambers found there were no grounds to prosecute Zulkipli, and the case was filed as “No Further Action” (NFA) needed.

Secondly, on the serious corruption charges against Zulkipli, the IGP was conspicuously silent but the NST reported Gani as saying that he had told Musa “to speed up the investigations into these allegations”.

Gani said the investigations would include checks against the asset declaration made by Zulkipli – “We compare these asset declarations to how one pays or finances one’s properties”, which would include “checks on the financial position of one’s family members to ascertain their contribution to the household income”.

Here, Zulkipli is caught “red-handed” telling a lie that he had been cleared of serious corruption charges made against him, as he told the NST in its report yesterday: “Zulkpli called the charges ‘baseless’ and said prior to his appointment as director-general, he had been vetted and cleared by both the ACA and police.”

Was Zulkipli cleared by the police of the serious corruption charges referred to by former top ACA official Mohamad Ramli Manan in his 4th July 2006 police report against Zulkipli as “a very corrupt senior police officer who had amassed substantial property and assets through corrupt practices”?

Clearly, the police had not cleared him or Gani could not have instructed the IGP to “speed up” the investigations. There is also the question as to why the police had sat on the investigations into the serious corruption allegations against a senior police officer for seven long years, to be instructed by the Attorney-General to re-open the seven-year-old investigations into the serious corruption allegations against Zuliipli.

What is indisputable however is that Gani’s disclosure has exposed Zulkipli as publicly telling a lie that he had been cleared by the police with regard to the serious corruption charges against him.

For this public lie alone, Zulkipli should be immediately sacked as ACA Director-General to restore badly-shattered confidence in the ACA – a decision which the unusual Cabinet meeting tomorrow should take without any more procrastination or indecisiveness. By telling a lie that he had been cleared of serious corruption charges, Zulkipli had lost all authority, credibility and legitimacy to continue as ACA head.

Had the ACA exonerated Zulkipli of the serious corruption charges to clear the way for his appointment as ACA Director-General in 2001, re-appointment in 2004 and further extension of his tenure in 2005? Who is to answer from the ACA?

When the ACA Director-General is accused of serious corruption charges, who and how is he investigated by the ACA when the agency is completely subordinate to him?

There are other questions crying out for answer:

If the police had not been aware that the Attorney-General’s Chambers had decided on NFA on the sexual charges against Zulkipli, how could the police clear Zulkpli of the sexual allegations as alleged by the ACA director-general?

How could Zulkipli be cleared for the important and sensitive appointment of ACA Director-General, and to be repeatedly extended in his term of office, when he is under such a cloud of serious corruption allegations? What has the Cabinet and the Prime Minister got to say?