PKR Wanita dares Ngemah assemblyman to come to the forum

Kuching, April 13, 2012: PKR Wanita vice head Voon Shiak Ni has challenged Ngemah State Assemblyman Alexander Vincent to attend and speak at a public forum this coming Sunday.

"Since he has jumped to the defence of Parti Rakyat Sarawak (PRS) president Tan Sri Dr James Masing, we dare him to come and speak at the Who's The Boss forum," she said today.

The fourm, to be held at the Grand Continental Hotel on April 15 starting at 2.30pm, is prompted by a statement made by Masing telling the people that elected representatives were their bosses.

Masing made the statement when defending PRS Youth chief and Assistant Minister of Modernisation of Agriculture Datuk Mong Dagang for ordering the Agriculture Department and the Welfare Department to withdraw assistance to disabled person Frusis Lebi for supporting an Opposition in the April 16, 2011 state election.

Masing told the people "Jangan Lawan Towkay", referring to the elected representatives.

Reacting to Alexander's defence of Masing, Voon said Alexander was trying to say that the phrase "Jangan Lawan Towkay" was taken literally and out of context by the Opposition for publicity which he claimed simply meant "don't bite the hands that feed you".

"Our question is what difference does that make?" she asked.

She stressed that whatever is given in the form of subsidies and financial assistance is the taxpayers' money.

Voon said it is the people who pay for the salaries and allowances of the elected representatives.

She said Alexander should not try to mislead the people that the money given belongs to the elected representatives and the BN government.

"But in democracy we believe in the right to be heard and to be given a chance to explain and to justify the voters of Sarawak, and we do not mind Masing sending his wakil, Alexander, to the forum," Voon said.

She said the speakers at the forum will be a political scientist with Universiti Malaysia Sarawak Professor Dr Andrew Aeria, Pelagus State Assemblyman George Lagong and Batu Lintang State Assemblyman See Chee How.

A senior lawyer and a human rights activist Ann Teo Chiang Joo will be the facilitator.

In conjunction with the forum, PKR Stampin branch will exhibit half yearly record of work and activities in Batu Lintang constituency of See and his personal assistants.

"The exhibition of work and activities is our commitment to the voters, who are our bosses," Voon said. By Sematong Express

Illogical to give laptops to the illiterate elderly, says Baru Bian

Kuching, April 13, 2012: Sarawak PKR chief Baru Bian has described as illogical the distribution of 1Malaysia free laptops to illiterate grandfathers and grandmothers in rural Sarawak.

"What's the big idea of distributing the laptops when you know that they do not know how to use computers?" he asked at a press conference today.

"And the areas where these laptops are distributed do not have electricity and where there are no WiFI or Internet facilities available," the Ba'Kelalan state assemblyman said.

Baru said he had come across of instances where the laptops were given to the elderly, many of whom were illiterate and the majority of whom had no understanding at all of modern technology.

"It is a certainty that these people are going to sell the laptops or to let them gather dust in a corner of the room. At best, they will occupy a position of pride in the room, but will still be unutilised.

"So, what is the logic of giving laptops to old folk who do not know how to use them?" he asked.

"I have also been informed that a Tuai Rumah (village headman) would bring along his 1Malaysia laptop in his bag whenever he went for official meetings or attended government functions.

"When people asked him whether he knew how to open it, he just shook his head, and he would say "just to show that I have the laptop".

"This is a shocking revelation," Baru said of the Tuai Rumah given the laptop.

He said 1,800 laptops were distributed by Second Minister of Resource Planning and Environment Datuk AmarAwang Tengah Ali Hasan in Ba'Kelalan recently, and most of the recipients were illiterate elderly.

"And mind you, they come from areas where there are no electricity and where there are no Internet facilities available," he said.

Baru said he had been reliably informed that the list of recipients of the laptops was screened by the Barisan Nasional party leaders, the only criteria being support for the BN component parties.

"Whether these people are actually in need of the laptops and will benefit from having one has no bearing on the fateful tick or cancellation on the list.

"And among the recipients were  a BN councillor, his wife and two children, each of them was given one. This is an example of abuse of power because each family is supposed to receive one, but the family of this particular councillor received four," Baru said.

He said the eligible family must also have a monthly income of not more than RM3,000 and must subscribe to broadband service with a minimum package of RM25 per month from any telecommunication company.

"Does anyone make the necessary inquiries as to the household income, availability of broadband service and electricity, and most importantly, whether the laptop is going to improve the lives of the recipients, and I don't mean in monetary terms by selling off the laptops.

"Over 500,000 people do not have access to electricity, let alone broadband. So, where is the accountability of those who are entrusted with the distribution of the laptops? he asked.

Baru said the distribution should be based on the need and affordability of the laptops for the population as a whole, especially on the lower income group, and not according to the population in each parliamentary constituencies.

"The inescapable conclusion is that 1Malaysia laptop giveaway is yet another example of shocking waste of the taxpayers' money by the BN government desperate to cover all bases in their vote-buying spree.

"It is a major concern for the Opposition parties that the BN government's wild spending of the taxpayers' money will have serious repercussions on the economy, which we will be left to deal when we, the Opposition, take over the government of this country.

"Of even graver concern is that our children and grandchildren will have to pay for the recklessness and irresponsibility of the BN government," Baru said.

"The real winners in this 1Malaysia laptop scam are the suppliers and the companies involved in the distribution of the computers," he said, adding that it is up to the people to make up their own conclusion as to owners of the companies. By Sematong Express.

Tuai Rumah Eri anak Ajok wins his court case against the Sarawak Government

Kuching, April 5, 2012: The High Court here has ruled that Eri anak Ajok was irrationally sacked as the village headman of Kampung Emplas in Simunjan district by the state government last year.

The judge Datuk Rhodzariah Bujang made the ruling today after hearing an application for the judicial review of Eri’s termination as the tuai rumah or village headman.

Eri, who was elected the Tuai Rumah in 1961, named the Simunjan district officer as the first respondent, the director of the Human Resources Division in the Chief Minister’s Department as the second respondent and the Resident of Samarahan Division as the third respondent in his application for the judicial review.

In her ruling, the judge said the termination was irrationally made through a letter signed by the director of the Human Resources Division.

“The reason for saying this is that. The applicant was only informed of the termination 2 ½ months after it took effect and he was paid the honorarium 4 ½ months later.

“With respect to the respondents and fully acknowledging that they are vested with a complete discretion on who to appoint as Tuai Rumah, the inordinate delay in conveying the decision on the termination is in complete defiance of reason and logic,” she said, adding that the late communication of the termination has satisfied the criteria of irrationality.

The judge said the decision to terminate, even if the option of payment of the honorarium was chosen, must logically  and of necessity be communicated to a Tuai Rumah before the effective date of termination or at the very least, on the very day of the termination itself and ideally, the honorarium be paid at the same time as when the decision is communicated.

“With respect to the respondents, I am compelled to ask this pertinent question: What is the use and where lies the logic of telling a man that he is no longer the anointed leader long after his appointment has been revoked?

“It is not only unfair to the applicant but to the community he serves for there are ramifications following such a delay.

“A Tuai Rumah in that same position the applicant would and could have happily performed his official duties as Tuai Rumah such as the common act of certifying or verifying documents for his people when in fact he was no longer holding the post as one.

“In that circumstance, the certification or verification would be rendered invalid and may even have legal repercussions, to the owner of the documents.

“Therefore, the act of notifying him of the termination only so many months after the effective date, even if one were to excuse the delay in payment of the honorarium, has rendered the termination bad in law and the letter of termination null and void.

“The decision to terminate him ought to be quashed,” she said.

In allowing the application for the judicial review, the judge ordered that the applicant be paid arrears from April 2011 until to date, but minus the one month honorarium which had been paid to him following the void termination letter.

Rohdzariah also ordered the respondents to pay RM3,000 as the cost of the summons in chambers and RM7,000 for the application.

The judge, however, ruled that the Circular Memorandum, dated Oct 2, 1980, regulating the terms and conditions of appointment of a Ketua Kaum as valid.

“Firstly, it is stated in the Circular at clause 6.1 thereof that a Ketua Kaum is not a government officer.

“It is then provided in the Circular that the power of appointment lies with the State Secretary who may delegate his authority to the Resident of each Division in the State and in respect of termination or revocation of the same, the applicable provision is Clause 3.4 thereof which states as follows:

“The appointment in the Ketua Kaum Service is made at the pleasure of the Government and may be determined by either side on giving one month’s notice or in lieu of notice to pay an equivalent of one month’s honorarium.”

“This Circular therefore proves that the applicant’s appointment as a Tuai Rumah is contractual and it being clearly stated to be at the pleasure of the State Government, means that the appointment is at the sole discretion of the appointing authority.

“Though it cannot be denied that in the days of old, prior to this Circular, a Tuai Rumah was appointed by way of ‘adat’ or tradition based on the support the appointee enjoyed from the majority of the households in the longhouse, such consideration is no longer the determinating factor in the post Circular period.

“And in this case,  the applicant cannot argue that the Circular does not apply to him because he was formally appointed after it came into effect and his appointment, prior to the termination, was made under it.

“The terms and conditions therefore bind him and the prerogative of the appointment lies solely with the State Government.

“Thus, even though there is probability to the applicant’s assertion that he still enjoys the support and confidence of the majority of the households in his longhouse, sadly for him this is not a ground for him to continue to cling on to his post as Tuai Rumah,” she said.

“Since the applicant held the office of Tuai Rumah at the pleasure of the State Government, the grounds for terminating his appointment is not open for examination by me,” the judge said.

Eri was represented by See Chee How of Baru Bian Advocates &  Solicitors, while the three respondents were represented by the State Legal Counsel Saferi Ali of the State Attorney-General’s Chambers.

Ends

NCR land case : Court rejects bid by defendants to strike out application

Kuching (March 26, 2012): The High Court here ruled that a case involving  a dispute over native customary rights (NCR) land claims will go for a full trial after dismissing an application by three defendants.

The defendants, Naim Cendera Sdn Bhd, Superintendents of Lands and Surveys of Kuching Division and Sarawak State Government, applied to the court to strike the claims by six plaintiffs on technical grounds.

The plaintiffs, Simo Sekam, Tasek Ayau, Eddie Ahang, Bodui Dayu, Bungai Bengem and Sirus Jon, are suing the three defendants over 6,046ha of land in Upper Bengoh in Kuching Division.

They are claiming that they have native customary right over the land which they stated had been encroached the defendants.

In his decision, Mr Justice Sangau Gunting said the defendants seemed to have overlooked the fact that the plaintiffs very complaint in the suit pertained substantially to the defendants’ implicit failure to exhaustively fulfil the requirements of the Sarawak Land Code.

“But perhaps, more to the point is that the contention of the Lands and Surveys and the State government seems also indicative of their assumption that the plaintiffs’ claim has nothing to do with NCR whose creation may relate to the time when the Sarawak Land Code and other related statues were not yet in existence,” the judge said.

Sangau said there appeared to be substance in the plaintiffs’ contention of the existence and persistence of a factual issue arising from the Lands and Surveys and the State Government’s averment concerning “the land over which the NCR was extinguished”, presumably about 1,530 hectares, and the plaintiffs‟ averment concerning “the land over which NCR was exercised”, presumably 6,046.69 hectares.

He said it was the plaintiffs’ contention that the existence and extent of their native customary rights over the land constitutes the primary, if not the core issue, in the instant suit.

“Since the issue at hand involves possibly pre-existing rights pertaining to NCR, the overall issue of existence or otherwise of NCR is so intrinsically interwined with existence or otherwise of pre-existing rights, that the contention of equating the plaintiffs’ instant action to stepping into the shoes of the Settlement Officer, would appear no longer sustainable.

“Otherwise, such contention would tantamount to wrongly applying statutes to private rights which statues in any case were not in existence at the time the alleged creation of those private rights commenced,” he said, stating that the application by the defendants pursuant to Order 14A Rule 1 of the RHC 1980 must be dismissed with costs to be taxed unless otherwise agreed.

 Desmond Khoo of Baru Bian & Co advocates represented the plaintiffs while Naim Cendera was represented y Alicia Voon of Alvin Ching & Partners Advocates and state legal officer Joseph Chioh represented the Lands and Surveys and Sarawak State Government.

BMF welcomes RTA's move to scrap plans for US$2b aluminium smelter plant

The Bruno Manser Fund's "Stop Corruption Dams" campaign has achieved a major victory today as mining giant Rio Tinto PLC has announced it will scrap plans for a US$2 billion aluminium smelter project in the Malaysian state of Sarawak.

According to Dow Jones Newswires, Rio Tinto decided to scrap the controversial smelter plans as negotiations with the Taib family-controlled Cahya Mata Sarawak and the Taib-controlled Sarawak Energy Bhd failed to bear results.

Jacynthe Cote, chief executive of Rio Tinto Alcan's aluminium division said "agreement on a long term competitive power supply contract couldn't be reached" with the Taib family businesses.

Rio Tinto's announcement is a major blow for the Sarawak state government under Chief Minister Abdul Taib Mahmud who consistently used the aluminium smelter to promote the recently completed 2'400 MW Bakun dam, Asia's largest dam outside China.

As a result, the Bakun dam will cause a massive power glut in Sarawak whose costs will have to be born by Sarawak consumers, tax payers and Malaysia's pension fund EPF who funded the mega-project with massive loans.

Plans to export Bakun's excess power to West Malaysia had to be scrapped for economic reasons.

The Bruno Manser Fund welcomes Rio Tinto's decision to abandon its Sarawak smelter plans as a major victory for the international campaign to preserve the natural environment and the livelihoods of Sarawak's indigenous peoples.

Rio Tinto's decision proves that the Taib government's irresponsible economic policies have completely failed.

There is no need to build another twelve dams in the state as envisaged by the Taib government. All these corruption-driven dam plans that would only benefit the Taib family's construction companies must come tho a halt now.

This is the kind of development that you have to expect from a kleptocratic potentate who believes in witchcraft instead of sound economic analysis and blatantly abuses his public office in order to rob his people.

The Bruno Manser Fund is calling on the Sarawak government to immediately halt the ongoing construction works for the Murum dam and to shelve all further dam plans in Sarawak.

"We are also calling on the Malaysian federal government to explain how the Bakun dam should ever become profitable and how the EPF (Employees Provident Fund) loans to Bakun will be secured," BMF said.