Mantra can help keep safe from novel Corona virus . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

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Mantra can help keep safe from novel Corona virus . . .

Mantra remains form of protection against evil i.e. guilty conscience arising from sin!

Commentary and Analysis . . . Retnaguru Sandrakasan, The mind is quite capable of deceiving us to keep us “sane”.

Reincarnation and rebirth implies that Karma — the law of cause and effect as the 1st eternal law based on eternal Truth — is carried to the other side which is nothingness.

Karma, if any, is left behind. The Holy Bible, the Word of God on the spiritual nature of Truth, states that “the sins of the fathers will be visited on the children”. Jesus, who has the healing touch, interpreted this and said everyone is responsible for his or her actions.

Karma does not exist.

Karma only exists if we create it.

What others do to us is their Karma.

How we react is our Karma.

No can escape Karma once created. Karma is neutral i.e. it does not discriminate.

The more that we fight Karma, the more that it will fight us.

Karmic forces exhaust themselves sooner or later. Anything that has beginning will have end.

Many people have seen Jesus and been healed. Healing is about forgiveness of sins. Sin can create unhealthy emotions. It’s now known that cancer, for example, goes into remission if emotions become healthy again. This is known as miracle. Google the miracles of Fatima in Portugal and Lourdes in France. This is about the Blessed Virgin Mary.

Spiritualist, mystic and yogi Sadhguru has cautioned against believing in “such rubbish” as reincarnation and rebirth.

In a contradiction in terms, he has said that if a person dies after 84 years old, he or she will not easily slip into another womb after death as “the Karmic bonds to Earth are weak”.

We must not believe in “such rubbish” either even if it’s “true”. It’s politically incorrect and unacceptable.

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Ghosts in distress . . .

England, for example, fascinates tourists. They preserve everything as it was in the beginning.

So, they may attract ghosts i.e. those who have moved on but remain in distress on the other side until their time comes and they move into nothingness. Buddha saw it as Nirvana or heaven.

S’pore regrets that it tore everything down. Very few old places are left. The spanking new buildings and 5 Star international chain hotels interest no one. Many countries have the same structures.

The jungle, islands, beaches and rivers must be preserved. Landscaping, i.e. having the same plants in their own areas, looks artificial.

Particular plants, in the jungle, are never together. They are spread, far apart from each other.

Sadhguru claims that almost everybody becomes a ghost after death. The ghost stage indicates distress (or being in hell). During one minute on the other side, as ghost, thousands of years would have passed on Earth. Once distress comes down, the ghost state disappears, and the deceased moves to the other side in nothingness.

Jesus and Mary and the Saints are examples of ancestor worship by followers of the Christ (the annointed one).

There’s no work on the other side. Even God — the subtle force which as the only reality permeates everything, reality being defined as having no beginning, no end — has no work.

God has work on this side. God helps those who help themselves. We have often heard personal testimonies, “only God helped me”. The proof of the pudding is in the eating. God remains personal experience which may or may not be form of delusion driven by demons i.e. signs of mental illness.

God, as evident from trouble spots around the world, may not be about the collective.

We know from the universe that there’s materialisation in the form of illusions from manifestation. Light energy turns into matter.

We are the sum total of vibration, intensity and frequency. Science has established this.

Ancient India established OM as the primordial sound of creation. Vibration comes from sound.

So, they chanted the OM Mantra as a form of protection against evil (guilty conscience arising from Karma).

Church . . .

In the Church, the recital of the Holy Rosary of the Blessed Virgin Mary is the most powerful Mantra in Christianity. Many people have seen the mother of Jesus but only during the collective bad i.e. humanity in trouble as before war comes. The people are urged to pray to ease sins and seek protection from evil.

The recital of the Holy Rosary of the Blessed Virgin Mary, it’s said, wards off the novel Corona virus. Don’t take my word for it. Belum cuba, belum tahu. Keep on the safe side. Stay safe. Also, follow SOP.

Mantra remains about awareness, unsmiling seriousness, not looking here and there, focus, concentration i.e. daydreaming, consciousness — i.e. not slipping in and out — conscience (keep it clear, it’s the guilty conscience that kills), spirit, subtle force — which permeates everything as the only reality, i.e. no beginning, no end, always was, always will be) and universe for a powerful Mind and Will.

There are mathematical directions on the behaviour of physics in nature. There are no laws of physics. Mathematical directions are not God at work. God isn’t a mathematician. Mathematics was created by Man to help explain natural phenomenon. It’s like forecasting 4D results. Many people can forecast 4D results. Some people claim to have dreamt 4D results.

Day dreaming . . .

Einstein said that day dreaming was the secret behind his genius.

French philosopher Rene Descartes said, “I think, therefore I am”.

Buddha said, “you are what you think, “you are what you feel”, “you create what you imagine”.

Spiritualist, Mystic and Yogi SadhGuru said that spiritualism was about emanicipation of the Spirit, mysticism was about the mind exploring for no rhyme or reason except for no rhyme or reason, yoga was union with the universe by realising the slight edge between the gross human body and the consciousness.

Philosophy, according to SadhGuru, was just “fantastic explanations for things which cannot be explained”.

“That’s why ancient India never produced philosophers.”

Ancient India produced Sanatana (science) Dharma (duties) about civilisational values. It’s not Hinduism which remains a collection of local practices which vary from place to place. Brahma worship and Vishnu worship in the north was merged with sivalingga worship in the south for Trinity or Teen Murthi (Three Jewels).

India and China, for all their claims as great civilisations, never discovered the rule of law where the cue was taken from the Holy Bible, the Word of God, on the spiritual nature of Truth.

Human beings, by nature, may be more evil than good. The rule of law may be the only sustainable approach. That will be proven when the war in Ukraine ends.

The world, it’s said, makes way — read subtle force — for a man who knows where he’s going.

Jesus explained Truth (emancipation of the mind) and Faith (seeing in the mind what can exist).

Truth combined with Faith and Commitment (not giving up) brings the Destination (what can exist) within reach.

Jesus said that “the Truth, once it emerges, cannot be hidden. It would be shouted from the rooftops”.

Truth takes on a life force of its own and comes into fruition.

Jesus said, “they have eyes but do not see, ears but do not hear, but to you (disciples) is given to know what men do not know”.

Knowledge . . .

The Holy Bible, the Word of God on the spiritual nature of Truth, states, “for those who have more (knowledge), more will be given, for those who have little (knowledge), even the little that they have will be taken away from them”.

The Holy Bible, the Word of God on the spiritual nature of Truth, says, “seek and you shall find, knock and the doors will be opened to you, ask and you shall receive”.

Read as widely as possible, mull over, seek inspirations, discoveries and revelation.

Write from memory fresh each time, from new angles, with new words. Don’t plagiarise what was written before.

Issues only matter if they appear in the media. They will become controversies if they last more than two weeks. They will never go away until there’s closure.

Keep the issues alive through follow ups. Determine and dictate the Agenda and control the Narrative.

The war in Ukraine, for example, can be ended if there’s permanent dialogue mechanism. Let all thoughts flow. The Debate goes back and forth until there’s closure. The Last Word wins.

Najib’s ‘light at end of tunnel’ in Federal Court Review . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

Najib’s ‘light at end of tunnel’ in Federal Court Review . . .

Superior court can only concede previous court’s ‘shortcomings’ at the Appeal stage!

Commentary and Analysis . . . Interestingly, it’s telling that the Federal Court Review had a rethink on Thurs 19 Jan 2023 on the RM42m SRC International case.

Initially, based on virtually nothing, it rejected Shafee’s bid for three days extension of time needed for wrap up on the oral submission. There’s no law that allows rejection. The day wasn’t over yet when the court postponed the Review. It will now resume on Mon 20 Feb 2023 when Shafee will have the three days on concluding oral submission.

It can be argued, based on what transpired in Federal Court Review on Jan 19, that former Prime Minister Najib Abdul Razak can be freed from prison pending the UN Review on alleged “arbitrary detention”. It may not seem, if carefully considered, so much wishful thinking and living on hope for the Najib Family.

The thrust of Jan 19 was about court procedures allowing for extension of time on Tues 23 Aug 2022, when Najib was jailed, and the court being duty-bound on recording lawyer Hisyam Teh’s discharge. In retrospect Chief Justice Tengku Maimun Tuan Mat acted with impunity on both matters. She could not fall back on law and discretion doesn’t arise since it isn’t Applicable.

It was not immediately clear whether push will come to shove and Najib will win freedom from alleged “arbitrary detention”. The court can only consider what’s placed before it.

The Federal Court Review, in keeping on the safe side and thereby avoiding fatal flaws in law, can defer final determination on the RM42m SRC International case until the UN Review comes within the next few weeks. The UN Review sits three times a year.

link . . .

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Options . .

The jury may still be out on whether New Appeals and Applications remain options between now and the UN Review.

The Federal Court Review saw no reason why Court of Appeal (CoA) judge Abu Bakar Jais should be dropped from the five-man Panel. It cited the vague “in the interest of justice” Article 122 (2) in the Federal Constitution which allows for co-opting from the CoA. CJ Maimun had no reason beyond discretion. Both reasons deny the court interpretation based on special circumstances.

Lawyer Shafee Abdullah prefers three-person Panel, under Section 74 of the Courts of Judicature Act 1964, but without judge Abu Bakar Jais. He wants the judge recused but didn’t address him directly via an Application. It’s pointless having too many persons in a Panel if dissenting judgments will not emerge.

There’s no reason why the Panel can’t be drawn exclusively from the Federal Court as other judges are available.

The issue isn’t that judge Abu Bakar Jais may be biased. The issue is that CJ Maimum allegedly went out on a limb and chose Abu Bakar Jais apparently for no rhyme or reason. If it’s about being “better safe than sorry”, it’s the Defence contention that the judge may have no business being on the Panel. Besides, it’s not a must that the judge must be on the Panel. Justice must not only be done but be seen to be done.

It would be pisang berbuah dua kali (banana planting fruiting twice) if the judge isn’t dropped from the Panel.

We can recall, based on what former Chief Justice Abdul Halim wrote in the Blog, that the Panel set up for the Federal Court Appeal had at least two serious issues viz. CJ Maimun refused to recuse herself although she wasn’t properly appointed and there were issues with the husband. He was hanging around the court, allegedly offering “advisory services”, after creating public unease in the social media with controversial comments before GE14 on Wed 9 May 2018. CJ Maimun, being “good Muslim wife”, could not be seen as going against the husband.

The Panel itself, argued the former CJ, wasn’t properly set up.

One way or another . . .

Najib, it can be argued again, will be released, one way or another, when the UN Review comes in.

The superior court isn’t about guilt or innocence. It’s about due process, court procedures and the greater emphasis on the spirit of the law in the rule of law, the basis of the Constitution, albeit read with the letter of the law.

The letter of the law, by itself, isn’t law. It’s dictatorship. There’s no democracy, no legitimacy.

The best guess estimates don’t see the UN Review taking the position that Najib isn’ under “arbitrary detention”, or that Najib was under “arbitrary detention”. The UN Review wouldn’t go against M’sia or favour the country. If for nothing else, the UN Review can be read as compliant in favour of Najib. The Federal Court Review and Agong can duly take note or risk having mud on the face.

The UN Review, being Advisory Opinion, isn’t binding. Having said that, where there’s lacuna (gap) in local law, it can be cited as case law Applicable in M’sia. Case laws are always about principles in law.

In retrospect, based on court procedures seen on Jan 19, it must be reiterated that Najib was unrepresented on Tues 23 Aug 2022 when he was jailed. The conviction wasn’t perfected in law.

If true, there was no conviction and Najib remains under political detention. He should be placed under house arrest pending Immediate Pardon for miscarriage of justice arising from Tainted Ruling based on mistrial. This isn’t about what nine judges in three courts said. The court of law remains only about law, not Truth or related areas viz. ethics, moral values, theology, sin, God or justice (this isn’t about the principles of natural justice, one of the three criteria in law, the other two being common sense and universal values).

No lingering doubts . . .

In the rule of law, the manner in which an accused was convicted comes first. Conviction only follows if there has been compliance which ensures that it can be perfected in law i.e. no issues can be raised, there are no lingering doubts and there must be finality of closure.

The Client and the lawyer decide on discharge. The court merely records the discharge.

In lawyer Hisyam’s case, the court did not record the discharge. It didn’t even take note.

It did not advise him to put the discharge in writing. The discharge would have been recorded by the court’s audio system.

The court will not record the lawyer discharging himself or herself, but only in civil cases, if the Client objects on the grounds that commitments made had not been kept.

In criminal cases, commitments are not possible.

Sabah S’wak in M’sia forever poorer than Kelantan Terengganu . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

Sabah S’wak in M’sia forever poorer than Kelantan Terengganu . . .

PAS will continue to win in Kelantan Terengganu by pointing at Sabah S’wak!

Commentary and Analysis . . . It’s important not to keep starting stories in the middle or only from angles which suit our convenience.

It’s an open secret that even Kelantan and Terengganu in Malaya have always been less poor than the Borneo Territories — Sabah and S’wak — on the other side of the South China Sea.

link . . .

https://www.malaysiakini.com/news/652476

That’s why PAS continues to win in Kelantan and Terengganu. The people know that there’s no work on the other side. Even God — the subtle force that permeates everything as the only reality i.e. reality being defined as having no beginning, no end, always was and always will be — has no work on the other side.

God, on this side, helps those who help themselves. God isn’t about the collective as evident from trouble spots around the world. God remains personal experience. The proof of the pudding is in the eating.

Sabah and S’wak have been the poorest places from even before Malaysia Day on 16 Sept 1963 when the British transferred the Administration of the Borneo Territories to the central gov’t in Malaya. British troops marched out. The Royal Malay Regiment marched in. The Sabah Border Scouts and S’wak Rangers were disbanded. The Orang Asal (Original People) in the Borneo Territories lost their place in the defence and internal security of their own land.

The two Borneo Territories are bogged down by proxy gov’ts which facilitate Putrajaya’s internal colonisation policies including plundering oil and gas resources in cahoots with Petronas.

There’s non-compliance on the Malaysia Agreement 1963 (MA’63), the basis in international law, for Equal Partnership of Sabah, S’wak and Malaya in Malaysia.

In adding insult to injury, based on media reports, Putrajaya has not been very vociferous as China nibbles away at South China Sea waters which belong to Sabah and S’wak. India’s blue water navy could help protect Sabah and S’wak waters as they have been doing in Vietnam since 2011. The Russian navy is also present.

India, as recognised by US President Trump on the global security framework, remains the only nation on Earth which can put China in its place.

Unfortunately, the relationship between M’sia and India could not get any worse. In fact, Indian expatriate IT expertise generally also avoid M’sia like the plague after several incidents reported in the media. New Delhi has also made its position clear on the plight of local Indian in Malaya clear. It was in the media that some 350K British subjects in Malaya were denied citizenship after Merdeka on 31 Aug 1957.

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It’s said that Borneo lawmakers should have veto powers in the Malaysian Parliament i.e. one third of the seats plus one. There were no British self-gov’t and independence Acts for Sabah and S’wak.

Borneo lawmakers should confine themselves to four areas in the M’sian Cabinet viz. defence, internal security, foreign affairs and M’sian Common Market. The Territories can contribute to their upkeep.

Putrajaya should stop collecting income, taxes, revenue, resources and assets in the Borneo Territories. Sabah and S’wak get back very little.

The private sector and GLCs in Malaya steal NCR (native customary rights) land from the Orang Asal in the Borneo Territories in cahoots with local tyrants, the proxy gov’ts and the superior courts.

Christian, for example, form 70 per cent of the population in S’wak.

The Orang Asal form the majority in S’wak.

The Orang Asal form the single biggest group in Sabah. It’s plagued by the PTI phenomenon, allegedly created even before Projek IC Mahathir added illegals to the electoral rolls.

JPN, in adding insult to injury, when push comes to shove, may be administratively re-classifying the Orang Asal in the Borneo Territories as members of the Potong group in the MyKad.

It’s an open secret that the Orang Asal are denied opportunities and promotion prospects — read Article 153, NEP and quota system — unless they Potong.

The Orang Asal in S’wak in particular have been reduced to being hewers of wood and drawers of water for others. There should be at least one university graduate in every Orang Asal family. It isn’t possible to keep denying them this destiny for much longer without risking all hell breaking loose in S’wak, possibly even Revolution which has probably long been “delayed”. If Revolution comes, it will be the heads of the Orang Asal leaders, God forbid, which will be the first on the chopping block.

The gov’t sector in S’wak doesn’t reflect the demography of the Territory. The issue has been well articulated in the social media. The powers that be claim that only merit can govern the situation. Merit, ironically, stands undefined.

Sovereignty . . .

The people in S’wak have lost their sovereignty since 1966 when Chief Minister Stephen Kalong Ningkan was ousted by the anti Borneo rights Tunku Abdul Rahman regime in Kuala Lumpur.

No Orang Asal has been Chief Minister of S’wak since Penghulu Tawi Sli, briefly, after Ningkan.

Ningkan has become case law 1966 applicable to Sabah and S’wak and non-sultanates in Malaya. The sultanates are governed by Perak case law 2009.

The gov’t in S’wak has not changed since 1966. Election results are not perfected in law. There’s no consent of the governed for legitimacy. In the absence of runoff, candidates are declared winners even if they get less than 51 per cent of votes counted. The First Past the Post System (FPtPS) from UK fell on undemocratic soil in S’wak, in S’pore and in Malaya before GE14 on Wed 9 May 2018.

It’s the duty of the international community, under international law, to restore the sovereignty of a people who have lost it.

The hanging of President Saddam Hussein of Iraq in 2066 by the Coalition of the Willing has created binding precedent in international law on restoration of sovereignty.

Hangings . . .

In S’pore, the gov’t regularly hangs drug traffickers. They keep the drug trade lucrative for the kingpins by refusing to legalise drugs so that the bottom will fall out of the market.

The court in S’pore, bogged down by the letter of the law, refuses to recognise that the gov’t, based on the balance of probabilities and beyond reasonable doubt, may inadvertently be in cahoots with drug kingpins.

The letter of the law, by itself, isn’t law at all. It’s dictatorship. There’s no democracy, no legitimacy.

In the rule of law, the basis of the Constitution, there’s greater emphasis on the spirit of the law, albeit read with the letter of the law.

By the spirit of the law, based on balance of probabilities and beyond reasonable doubt, it can be argued that the S’pore gov’t may be in cahoots with international drug kingpins. Lawyers are bogged down by the letter of the law.

Civil action . . .

Everyone is waiting for the Anwar gov’t to file civil action against Mahathir and Family and Daim Zainuddin, among others, for being party to illegalities viz. money laundering activities.

Civil action is open and shut. It can be done in one morning.

There’s no Trial.

Agong caring and sharing with the people . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

My favourite question . . . ‘Just who the hell do you think you are?’ I have been asked many times (only by Indian). Indian have crab mentality. I answer, ‘son of God!’

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Agong caring and sharing with the people . . .

I have written many times about Agong’s discretion on executive authority!

Commentary and Analysis . . . Agong wasn’t only a sportsman but he elevated many sports reporters. He loved meeting them at the Istana. I am not sure about sportsmen and sportswomen.

link . . .

https://www.malaysiakini.com/letters/652407

These sports reporters, at least those with Malay Mail, reportedly became very rich. They were all awarded Datukships and became millionaires.

Agong was not just generous with KFC and McD takeaways for the media on duty. He was caring and sharing.

I have written about Agong many times but not about what’s written in this comment piece. My takes, in taking the cue from the Constitution and the English Royal Family, were on Agong’s discretion on Executive Authority.

Agong, according to the media, used to stop and check on accident victims. He also liked stopping by roadside stalls for teh tarik. Teh tarik, by the way, is from Kerala, southwest India. Other food from Kerala are roti canai, rojak, cendol and ABC.

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Anwar Ibrahim’s AG won’t go after AG Tommy Thomas . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

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Anwar Ibrahim’s AG won’t go after AG Tommy Thomas . . .

It’s inconceivable that an Attorney General will go against a previous Attorney General!

Commentary and Analysis . . . It’s inconceivable that an AG will go against a previous AG.

Having said that, deal or no deal, there should be RCI on what AG Tommy Thomas wrote or said in law. Thomas’ memoirs, “My Story: Justice in the Wilderness” refers.

RCI isn’t criminal court. It’s bound by Terms of Reference and will come up with a list of recommendations for the gov’t.

The 2012/2013 RCI on Illegal Immigrants in Sabah and Projek IC Mahathir, for example, came up with a list of recommendations. There were select and cabinet committees labeled Working, Technical and Management. No progress was made and the committees were mothballed.

Mahathir Mohamad, Father of PTI and Chief Architect of Projek IC Mahathir, walks around free as a bird. Former Prime Minister Najib Abdul Razak, meanwhile, rots in jail after 12 year sentence and RM210m fine for “abuse of power” on RM42m political donation transferred to his personal account/s without his knowledge from a gov’t company for corporate social responsibility (CSR) activities.

It’s not racist to question a racist concept like Malay gov’t facilitated by Malay voters being under one political platform. In any case, Malay are spoilt for choice. They can see that being under one political platform only benefits a small group in power. Those in gov’t get disproportionate political power to facilitate plundering the public treasury through inflated gov’t contracts under various guises. The people are left high and dry.

https://www.malaysiakini.com/news/652238

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https://www.malaysiakini.com/news/652238

There’s no due diligence on gov’t contracts and forensic accounting of the money trail for civil action on being party to illegalities i.e. money laundering activities.

The IRB does not go after those who collect gov’t contracts.

The MACC and Bank Negara do not file civil action to freeze, seize and forfeit money laundering assets.

Corruption, fully defined, remains the act of making everything one touches to go bad.

The CLP, for example, is a racist and corrupt tool used by the gov’t against LLB graduates from foreign universities. Law graduates from 20 local public universities are exempted from the CLP.

The CLP, being a punitive memory test, hasn’t any relevance in law practice. It’s not about court room skills.

It has long been proposed that the non-discriminatory Common Bar Examination (CBE) be brought in for all law graduates, whether from local or foreign universities.

The AGC, another example, does not reflect the demography of the nation. It’s not only Thomas’ who found the AGC wanting in more ways than one. AG Gani Patail from Sabah, before he was sacked, reversed the formula at AGC and hired 198 local Indian and local Chinese lawyers and only two Malay.

Thomas and Gani found that AGC lawyers could only win judicial review cases where, except for cases originating from the Industrial Court, the cards were stacked against Applicants. AGC lawyers don’t appear in judicial review cases originating from the Industrial Court. These cases are confined to the parties in dispute on issues in conflict i.e. the employee and employer.

Unfair procedures . . .

In M’sia, unlike in England for example, the court does not consider whether gov’t procedures were unfair. If the gov’t has complied with its own procedures, the court does not look at the merits of the case. It’s an open secret that gov’t procedures in M’sia are generally unfair. Parliament can only pass about 35 laws every year. So, it falls back on hundreds if not thousands of administrative laws for the business of governing. In the UK, for example, Parliament can only pass 60 to 70 Acts a year. So, in compensation, it comes up with about 2K administrative laws a year.

The court system, falling back on the letter of the law only and acting with impunity, is the pits. The letter of the law, by itself, isn’t law at all. It’s dictatorship. There’s no democracy, and no legitimacy.

In the rule, the basis of the Constitution, there’s greater emphasis on the spirit of the law, albeit read with the letter of the law.

The court, as well as the legal fraternity, allegedly can’t fathom the rule of law.

Najib’s RM42m SRC International case remains the most notorious example in recent months.

What about Mahathir? All his children are multibillionaires.

That’s proof, in law, of being party to illegalities i.e. money laundering activities.

Based on the court’s own procedures, due process and the rule of law, the basis of the Constitution, Najib should not have been jailed on Tues 23 Aug 2022, as conviction wasn’t perfected in law. He was jailed despite being unrepresented.

Ex-CJ Abdul Halim, based on TT’s memoirs, said CJ Maimun wasn’t properly appointed. He also charged, based on experience, that the Federal Court Appeal Panel wasn’t properly appointed.

The Federal Court Appeal did not advise lawyer Hisyam to put the discharge in writing. They also did not note that he discharged himself. That’s against court procedures.

Based on the Ad Hoc Prosecutor’s own words, in briefing the media after the solar power project conviction, he implied that conviction by hook or by crook was the only approach that was sustainable.

“Otherwise, no one will be convicted,” said Gopal Sri Ram disingenous to a shocked press which was left speechless by the unscrupulousness and sheer evil on display.

Google YouTube for the video.

Read further . . .

High Court can direct JPN on religion in MyKad . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

High Court can direct JPN on religion in MyKad . . .

Syariah Court has no power over Islam in MyKad!

Commentary and Analysis . . ..The letter of the law, by itself, isn’t law. The court of law cannot fall back on the letter of the law, by itself, as law and act with impunity.

link . . .

https://www.malaymail.com/news/malaysia/2023/01/13/selangor-govt-islamic-council-win-court-of-appeal-bid-to-restore-woman-as-muslim/49982

In the rule of law, the basis of the Constitution, there’s greater emphasis on the spirit of the law, albeit read with the letter of the law.

The Court of Appeal (CoA) has “no jurisdiction” because syariah isn’t law. The court of law is only about law. The issue of the court of law in M’sia having no power does not arise. Opinion isn’t law. Only the court can declare law. In fact, the syariah court has no power on Islam in the MyKad which comes under the National Registration Act 1959/1963.

There’s Advisory Opinion from Commonwealth jurisdictions on Islam and Syariah. These are not binding but can be cited if there’s lacuna (gap) in local law.

In the Allah case, for example, since there was lacuna (gap) in local law, the Federal Court cited the Ananda Marg case law from the Supreme Court of India as Advisory Opinion accepted as case law in M’sia. There were problems with the citation against the Herald, the Catholic weekly, but let’s not go there. We can blame the nine allegedly self-serving lawyers who represented the Church. It was sheer waste of money. The Church should ask for its money back. That’s another story for another day.

There’s Advisory Opinion from the Supreme Court of India on Islam and syariah. The Advisory Opinion, although not binding, can be cited by the CoA since there’s lacuna (gap) in local law.

The Supreme Court of India declared that syariah was not law but based on a person’s willingness to accept it. It would be unconstitutional, cautioned the court, to impose syariah on anyone. Islam was not law but based on the concept of sin.

Lawyers not thinking . . .

The court of law cannot get into theology. However, it can direct JPN (Jabatan Pendaftaran Negara or National Registration Dept) to remove religion from the MyKad without mentioning Islam. Again, the syariah court can’t do that. The woman’s lawyers may not thinking on law but playing politics with the issue and/or dragging it out for allegedly self-serving reasons.

The CoA Ruling on the woman is a violation of the rule of law, the basis of the Constitution.

The Constitution, being secular, enshrines freedom of conscience, freedom of association, free speech and human rights. The state cannot dictate to a citizen on religion. In law, there’s separation of Church and state. Article 3, Islam, is a standalone clause. It isn’t about the rest of the Constitution based on the rule of law.

Islam does not accept the rule of law, freedom of conscience, freedom of association, free speech, human rights, women’s rights, and the universality and commonality of citizenship. In Islamic states, non Muslim are not citizens but subjects (i.e. slaves).

The court of law isn’t about ethics, moral values, theology, sin, God, justice or Truth.

In jurisprudence, God isn’t source in law. Law must have source to have jurisdiction, authority and power. Law exists, and has always existed, based on common sense, universal values and the principles of natural justice.

Justice and the principles of natural justice are not one and the same. If there are rights, there must be remedies. However, Declarations by the court are not remedies if there’s no reference to an issue in conflict between parties in dispute.

Declarations by themselves, i.e. with no reference to issues in conflict between parties in dispute, are about seizing the moral high ground. They can be cited in other cases.

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Read further . . .

Ahmad Zahid Hamidi 1st non-Malay Muslim Umno President . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

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Ahmad Zahid Hamidi 1st non-Malay Muslim Umno President . . .

Zahid came to Malaya from Java in 1965, i.e. after Merdeka 31 Aug 1957, can’t be categorised as Malay under Article 160(2)!

Commentary and Analysis . . . Ketuanan Melayu, whether rooted in fantasy or otherwise, remains no different from the caste system in ancient India, Nazism in Germany, Fascism in Italy, Apartheid in South Africa, and other forms of racism, xenophobia, prejudice and hate.

All of them remain banned by international law and having application in national law being read as compliant.

Ketuanan Melayu arises from Malay nationalism, a concept created in S’pore long before Merdeka by Malayalee Muslim from Kerala in southwest India. Kerala is mountainous land having coconut groves (Keralam) along the coasts. Malayalee means people of the hills/mountains.

Malay means hill in Tamil and Malayalam.

The Malay language, the lingua franca of the Archipelago, was created by Hindu and Buddhist from southeast India.

The Malayalee Muslim created the first Malay printing press and first Malay newspaper in S’pore to spread the concept of Malay nationalism. Utusan Melayu in Jawi was created by Malayalee Muslim. Utusan M’sia in Rumi followed.

The Editor of Utusan Melayu, Malayalee Muslim called Yusuff Ishak, was S’pore’s first President.

Aziz Ishak, another brother, was Agriculture Minister in Malaya. Tunku Abdul Rahman accused him of stealing money meant for chicken feed and sacked him.

Read “Origin of Malay nationalism” by Professor William Roff. Universiti Malaya Press. Australian National University.

https://www.malaysiakini.com/news/651346

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All nationalism are defined by what they oppose. Malay nationalism opposes the idea of Chinese economic domination of S’pore and Malaya.

Chinese economic domination of southeast Asia was inadvertently created by the Emperors in Beijing. They encouraged the rebellious people in south China to migrate. More people migrated when colonialism arrived. The south Chinese followed the western flags wherever they were planted.

The British codified Malay as an administrative term covering the squatter colonies in Orang Asli (Aboriginal people) country. These illegal immigrants from different ethnic groups in India, China and the Archipelago used Malay to communicate with each other.

Initially, until just before Merdeka came, non-Muslim — mostly Indian and Chinese — were also known as Malay.

The British got Muslim immigrants out of the way by resettling them on gov’t reserves — tanah Melayu being the misnomer — gazetted on Orang Asli land. The resettlement freed land for rubber planting and tin mining.

The reserves were untitled land. They can be degazetted for public purposes or returned as Orang Asli NCR (native customary rights) land based on Adat i.e. customary practices which have force of law.

The Orang Asal (Original People) in Borneo — M’sia, Brunei, Indonesia — have NCR land as well.

On 31 Aug 1957, the Constitution defined Malay as not race or administrative term but form of identity based on the 1st Prong and 2nd Prong. Both Prong must be read TOGETHER, in law, for the Definition of Malay. In S’pore, after 1965, Article 152 allowed Muslim to leave Islam and still remain Malay. In Malaya, only Muslim before Merdeka are Malay. Their descendants are also Malay.

Non-Malay Muslim . . .

Umno President Ahmad Zahid Hamidi, for example, is Muslim non-Malay. He came to Malaya from Java in 1965 i.e. after Merdeka.

There’s case law from the High Court of Malaya on the Definition of Malaya . . . Petmal Oil (Malaysia) Sdn Bhd v. Che Mariah Mohd Tahir (Trading As Delta Mec Enterprise) [1994] 3 CLJ 638.

The Negrito (Semang) were the first people in Malaya. They are still there in the mountains of Malaya.

The Negrito came to Malaya from Kerala, southwest India, 40K years ago. They are still there in the mountains of Kerala. They came 70K years ago by hugging the coasts of Arabia and Persia as they made their way from east Africa to India.

Others in India came 15K to 8K years ago.

The white Caucasian (new Caucasoid) or Aryan are descended from Albino Dravidian (dark Caucasoid or old Caucasian) in north India. The Brahmin (priest caste) created the caste system based on distorted interpretation of Karma i.e. the law of cause and effect arising from the 1st eternal law based on eternal Truth.

Karma does not exist. It only exists if we create it. What others do to us is their Karma. How we react is our Karma.

No one can escape Karma once it has been created.

Karma is neutral i.e. it does not discriminate.

Karmic forces exhaust themselves sooner or later.

The caste system placed Aryan at the top, Dravidian at the bottom and mixtures in between.

The Dravidian entered India and south China from Afghanistan.

The Dravidian from south India entered south China.

The Dravidian specialised in south China and emerged as Mongoloid (yellow skin) tribes.

The Shang, the 1st Dynasty of China, “had black and oily skins”.

Pictures of Kublai Khan show that two of the 12 tribes in China still had dark skins.

All the people in southeast Asia and the eight states in northeast India, Tibet, Yunnan, north China, Korea and Japan are descended from the people in south China and Taiwan.

https://www.malaysiakini.com/news/651346

UPDATE . . . Article 153 is about Special Position, by way of a reasonable proportion, for Orang Asal, Orang Asli and Malay in four specific areas viz. intake into the civil service; intake into training institutes owned by the gov’t and training opportunities; gov’t scholarships; and opportunities from the gov’t to do business.

The gov’t observes Article 153 in the breach. It has now become sapu bersih.

Ninety per cent of the gov’t sector is Malay.

In the 2010 National Census, Malay made up only 50.4 per cent of the population.

In the 2020 National Census, delayed by the pandemic, the Malay, Orang Asal and Orang Asli categories were replaced by the Bumiputera (son of the soil) category.

This is highly misleading.

Only Orang Asal and Orang Asli are Bumiputera. Malay, i.e. form of identity, isn’t Bumiputera. The gov’t calling Malay as Bumiputera does not make them Bumiputera.

History cannot be based on collective amnesia driven by taqiyya (deliberately lying) and kitman (lying by omission).

Already, Chinese schools in M’sia have rejected the gov’t’s version of history. That’s telling!

UPDATE 2 . . . Mustapha Harun once said that Mahathir wasn’t a human being. “A human being is someone with friends,” said Mustapha. “Mahathir has no friends.”

Mahathir has very poor personality and character development. He has no empathy and lacks feelings. The definition of evil is lack of empathy.

The 13 May 1969 disturbances were allegedly instigated by Mahathir, Harun Idris, Razak and the small Malay capitalist class.

Like Hitler, this evil man Mahathir was only interested in helping a small capitalist class, Malay, accumulate as much capital as possible by plundering the public treasury “legally” i.e. through inflated gov’t contracts when not robbing the Chinese or the consumer through monopolies, cartels, quota, AP, licences, concessions, permits and the halal scam.

Gov’t contracts are going for double, triple and even ten times what it should cost the taxpayer.

MACC said that gov’t contracts are not corruption since both sides signed contracts. The MACC does not do due diligence on inflated gov’t contracts or forensic accounting on the money trail.

MACC and Bank Negara do not go after the beneficiaries of inflated gov’t contracts for being party to illegalities i.e. money laundering activities.

The IRB does not go after those who benefit from inflated gov’t contracts.

Money laundering has been defined by international law — read by national law as compliant — as having assets far in excess of what can be legitimately accumulated over a lifetime.

Such assets, being proof by itself as money laundering, can be frozen by civil action, seized and forfeited by the state. In law, “secret profits” belong to the principal i.e. the employer or the state.

Criminal suits would only be instituted if the civil action is challenged.

The national debt burden, gov’t guarantees, other gov’t financial commitments and financial leaks shows the extent of plundering by the small Malay capitalist class.

Mahathir wants the accumulation of capital by the small Malay capitalist class in excess of capital held by the Chinese.

Much of the Federal gov’t funds come from Sabah and S’wak especially the oil and gas fields and marine fisheries.

Shafie Apdal should stop waving Sabah Constitution at media . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

Thank you for the RM5 sponsorship every four months. rgds

https://fb.watch/hZr5B5fnp6/?mibextid=NnVzG8

Shafie Apdal should stop waving Sabah Constitution at media . . .

It did not help that there were weekly figures at the allegedly PTI squatter settlements when Shafie was CM!

Commentary and Analysis . . . Hajiji, backed by Orang Asal strongman and tribal and feudal chief Jeffrey Kitingan in particular, demonstrates strong, decisive leadership. Putrajaya can’t wag its tail in Sabah.

Hajiji, being Bajau, comes from a community settled in Sabah more than 300 years ago along with the Suluk. They are very much part of Sabah despite the misgivings of the Orang Asal who tend to dub them PTI as well.

The British Empire existed, indirectly and directly, in Sabah. Like Indian and Chinese in M’sia, those who came from the Philippines more than 300 years ago, and during colonial times, are covered in law by the British Empire. So, it’s not the done thing in law to dub them pendatang or PTI.

Sabah and Sabahan — despite the Sabah for Sabahan Mantra — cannot ignore the Philippines.

In fact, if push comes to shove, the Orang Asal (Original People i.e. Kadazan Dusun Murut) would be autonomous under the Philippines. M’sia has not been good for them. This isn’t about the claim by the heirs of the defunct Sulu sultanate to the eastern seaboard of Sabah.

It was the British Empire that divided eastern Sabah from the Sulu Archipelago.

Sabahan, especially Orang Asal are against PTI — mostly recently arrived Suluk, some Bajau and an undetermined number of Indonesian especially Bugis — in gov’t.

Since the Orang Asal in Sabah, as in S’wak, are being denied the CM’s post through the machinations of Putrajaya, the DCM posts are necessary. Two of the three DCM posts are held by Orang Asal. It’s unfortunate the pro-PTI Chinese could not be accomodated. They can be compensated with a senior Ministry.

https://www.thestar.com.my/news/nation/2023/01/10/swearing-in-for-new-sabah-cabinet-on-jan-11-says-kitingan

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https://www.nst.com.my/news/nation/2023/01/869046/sabah-cabinet-reshuffle-take-place-tomorrow

The Chinese — read DAP and PKR — and Anwar Ibrahim should stop supporting the PTI. They are lawbreakers and should not be equated with the Chinese status as migrants. Those who support the PTI are being anti-Orang Asal.

Parliament should declare Amnesty for the PTI in Sabah. This would allow them to surrender their dubious M’sian personal documents at the nearest police station.

The onus is on them to produce proof of identity in law but it cannot be M’sian.

Home Minister Syed Hamid Albar once promised in KK that everyone in Sabah would have proof of identity at least in the form of the green card (temporary resident). The gov’t should consider doing away with the yearly renewal requirement for the green card.

The green card can be replaced by MyPR (permanent resident or red MyKad). They can probably get the blue MyKad (citizen) before going to the other side. Many people in M’sia belabour in the delusion that they cannot go to the other side without the blue MyKad.

At present, foreign children born in Sabah get the MyPR if they can produce M’sian Form 5 school leaving certificate.

Indiscriminate issuance of the blue MyKad to the PTI — read Projek IC Mahathir — has compromised the sovereignty of the Orang Asal in particular. As it is, they are being denied the CM’s post. However, despite Putrajaya, this can be resolved by compliance with the Sabah Constitution on the appointment of the Chief Minister.

Article 6(3) and Article 6(7) refer.

The parti parti Malaya in Sabah are not qualified to hold the CM’s post as they are headed by leaders on the other side of the South China Sea. So, even if these parties hold the largest number of seats in the state assembly, they are out of the equation on the appointment of the Chief Minister.

This is a unique situation in constitutional law.

The sanctity of the Sabah Constitution must be upheld.

Musa Aman went to the High Court, after being ousted by Shafie Apdal on Sat 12 May 2018, ostensibly to uphold the sanctity of the Sabah Constitution. He discovered to his horror, after the Federal Court majority ruling on Tues 1 Sept 2020, that he was in fact not qualified to be Chief Minister after GE14 on Wed 9 May 2018. He withdrew the 10 to 12 constitutional questions in court.

Shafie Apdal, after Pairin in 1994, was the only one qualified after GE14. However, he was not appointed. Also, he didn’t press the claim at the Istana or through the High Court. He simply ousted Musa Aman through the numbers game.

Shafie, on Sat 26 Sept 2020, was the only one qualified as CM. Instead, Hajiji was appointed through the machinations of backdoor Prime Minister Muhyiddin Yassin who prevailed on the Istana.

The Tues 1 Sept 2020 Federal Court majority Declaration did not touch on political personalities but it was implied.

The Declaration was on the discretion of the Governor on the appointment of the Chief Minister and dissolution of the state assembly. Unlike sultan, he had no other discretion.

It’s unfortunate that Shafie Apdal, in public perceptions, continues to be linked with the PTI. Putrajaya may be using this against him. He claims he isn’t PTI.

It did not help that there were weekly fires at the allegedly PTI squatter settlements when Shafie was CM. The JPN allegedly was at the scene even before the fire started.

Shafie should stop waving the Sabah Constitution at the media.

https://www.malaysiakini.com/news/651113

Bung Mokhtar, under the Sabah Constitution, isn’t the leader of Umno.

His blessing does not hold water.

https://www.malaysiakini.com/news/651131

RM80m allegedly went missing from a state GLC. So, heads rolled.

The RM80m may be in court soon.

The people in Sabah can get back the money if civil action is filed. The money can be frozen, seized and forfeited by the state. The errant parties will return to rags from riches. That’s the worst form of punishment.

Criminal suit can be instituted if the civil action is challenged.

https://www.malaysiakini.com/columns/650996

https://www.malaysiakini.com/news/651099

Anwar Ibrahim, being a smooth operator unlike the crude and evil Mahathir Mohamad the rabid racist for example, would probably give them enough rope. If push comes and there’s shove, they would hang themselves. Bung Mokhtar in Sabah remains an example.

Agong, under the Special Court provision, would step down if facing charges.

Ironically, if the Agong steps down, it’s inconceivable that he would be charged.

Just look at the history of the Special Court since it was included in the Constitution. The Special Court remains a tool which can be used by the Majlis Raja Raja against the Agong.

https://www.malaysiakini.com/columns/650964

Do away with the racist CLP for the long proposed Common Bar Examination (CBE).

Allow non-law degree holders to sit for the CBE without going through law conversion course.

Pay citizens, permanent residents, refugees and illegal immigrants, all aged 70 years and above, RM2K a month for the rest of their life.

Give them a low cost house free if they don’t own a property.

Give them half hectare each to do some work on the land.

Give them free travel for life on buses, taxi, ride services, rail, ferry, sea and air.

Free medical and health care for life.

Free lifelong learning at institutions.

https://www.malaysiakini.com/letters/650855

Shafie Apdal, after Pairin, only ‘lawful’ Chief Minister of Sabah . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

Thank you for the RM5 sponsorship every four months. rgds

Shafie Apdal, after Pairin, only ‘lawful’ Chief Minister of Sabah . . .

There should be compliance on Sabah Constitution after next state polls in 2025!

Commentary and Analysis . . . The Sabah situation may be more complicated than what many people realise. There are jurisdictional and constitutional issues which should be before the Federal Court.

Musa Aman withdrew 10 to 12 constitutional questions after the Federal Court, by majority on Tues 1 Sept 2020, ruled that the Sabah Governor had only the discretion stated in the Sabah Constitution. The Stephen Kalong Ningkan case 1966 in S’wak refers.

Sultan, being hereditary Ruler, had reserve and residual powers. The Perak case law 2009 does not apply to non-sultanates.

Under Article 6(3) and Article 6(7) of the Sabah Constitution, Pairin in 1994 and Shafie Apdal after GE14 on Wed 9 May 2018 and the snap Sabah election on Sat 26 Sept 2020, were the only candidates eligible to be appointed Chief Minister.

Still, Pairin resigned in 1994 as CM for no rhyme or reason despite being advised otherwise. Sakaran Dandai was appointed CM. He was not qualified under the Sabah Constitution. Mahathir, as head of Umno, was qualified but he held no seat. Besides, Umno had less seats than PBS.

Except for Shafie, all Chief Ministers after Pairin in 1994 were unlawful.

Hajiji, although not qualified, was appointed CM after Sat 26 Sept 2020. Bersatu did not have the most seats in the state assembly. Besides, Muhyiddin was Bersatu leader, not Hajiji.

The issue under Article 6(3) and Article 6(7) isn’t support but appointment.

The appointment of the CM must come first before support in the state assembly.

Academic . . .

In any case, the entire Sabah situation re the appointment of CM has become academic.

Hajiji has already been CM since Sat 26 Sept 2020.

Shafie should put it down to experience and move on instead of serving tea and cakes to the media.

The public perceptions see his party as PTI-friendly.

Parliament should declare Amnesty for those holding dubious blue MyKad i.e. PTI born outside Sabah having late registration birth certs. The 2012/2013 RCI on Illegal Immigrants and Projek IC Mahathir in Sabah refer.

The dubious blue MyKad should be surrendered at the nearest police station. The onus is on the PTI to produce proof of identity in law.

https://www.malaysiakini.com/news/650493

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https://www.thestar.com.my/news/nation/2023/01/05/sabah039s-seven-pakatan-reps-reiterate-support-for-current-state-govt

Ironically, the Federal gov’t is the only protection the people in Sabah and S’wak have against local tyrants.

Everyone knows how Mustapha Harun, Harris Salleh, Musa Aman, Abdul Rahman Yaakub and Abdul Taib Mahmud had to be chased out.

https://www.malaysiakini.com/news/650474

The matter of complying with Article 6(3) and Article 6(7) of the Sabah Constitution on the appointment of the Chief Minister may have been rendered “academic” by the march of events and inaction in law.

In any case, opinion isn’t law. Only the court can declare law. Shafie Apdal can seek Declaration on Point of Law on the appointment of the Chief Minister.

Declaration isn’t remedy. The onus may be on Chief Minister Hajiji to step down and allow the formation of a gov’t in line with the Sabah Constitution. Toppling it isn’t the way forward.

Shafie should have staked his claim after GE14 on Wed 9 May 2018 and after the snap Sabah election on Sat 26 Sept 2020. He toppled the Musa Aman gov’t two days after it was installed on Thurs 10 May 2018. Musa tried to topple him before Sat 26 Sept 2020.

Now, belatedly, Shafie is trying to topple the Hajiji gov’t. He should have staked his claim on Sat 26 Sept 2020. He may have been petrified by public perceptions on his party being PTI-friendly. Also, the 2012/2013 RCI on illegal immigrants and Projek IC Mahathir refer. Sabah belongs to the Orang Asal (Original People), not the PTI and Anwar Ibrahim.

Even if Shafie didn’t stake his claim, the Governor could have acted in compliance with the Sabah Constitution.

Anwar Ibrahim . . .

Much will depend on the stand taken by Prime Minister Anwar Ibrahim who allegedly toppled the Pairin gov’t in 1994. (Correction: Pairin toppled himself by abruptly resigning after three defections including a nominated state assemblyman).

Sakaran Dandai, who replaced Pairin, was not eligible to be CM. He was not leader of a party as required by the Sabah Constitution. Besides, Umno still had less seats than Pairin’s Parti Bersatu Sabah (PBS).

Pairin, after resigning, was still the only lawmaker eligible to be CM under the Sabah Constitution.

Except for Shafie, no one after Pairin in 1994 was lawfully appointed as CM in Sabah.

The Sabah Constitution isn’t like the Federal Constitution on the appointment of the head of gov’t. It’s not about simple majority, it does not rule out minority gov’t. Majority gov’t can come after the CM is lawfully appointed. Appointment comes first, support later in the state assembly, as evident in the passage of gov’t Bills.

Ultimately, Article 6(3) and Article 6(7) should be amended to remove reference to leader of a party.

In law, an inferior law has been rendered null and void to the extent of its inconsistency with a superior law. Only the court can Declare whether this Applies to the Sabah Constitution.

https://www.malaysiakini.com/news/650541

Orang Asal were upset during the GE14 campaign when Shafie declared, “Sabah ini kita punya. Kita ubah.”

During the two years, after he toppled the Musa Aman gov’t on Sat 12 May 2018, there was a fire every week (sometimes two fires) at squatter settlements. It was alleged that JPN was at the scene of the fire even before it started. The victims were provided with temporary MyKad. The suspicion is that there may be a loophole in the system. It may allow PTI to get MyKad, as fire victims, by the backdoor.

The fires immediately stopped when Hajiji became CM on Sat 26 Sept 2020.

Parliament should declare Amnesty for those holding dubious blue MyKad i.e. PTI born outside Sabah having late registration birth certs. The 2012/2013 RCI on Illegal Immigrants and Projek IC Mahathir in Sabah refer.

The dubious blue MyKad should be surrendered at the nearest police station. The onus is on the PTI to produce proof of identity in law.

Ironically, the Federal gov’t is the only protection the people in Sabah and S’wak have against local tyrants.

Everyone knows how Mustapha Harun, Harris Salleh, Musa Aman, Shafie Apdal, Abdul Rahman Yaakub and Abdul Taib Mahmud had to be chased out.

https://www.malaysiakini.com/news/650541

The RoS only looks at one issue viz. whether a party has been non-compliant on its own Constitution.

In case of breach, the RoS will send a show cause letter to the errant party. It risks deregistration.

The party, if deregistered, can Appeal to the Home Minister. If that fails, the party can file judicial review in the High Court. It can Appeal all the way to the Federal Court followed by Federal Court Review.

In 1987, the High Court itself declared Umno unlawful. In law, it can be argued that Judge Harun Hashim was wrong. Let’s not go there. For what it’s worth, both Harun and Mahathir have their roots in Kerala in southwest India.

In Sabah, the situation has become “academic” given the march of events and inaction in law.

The court will not say that Shafie Apdal should be Chief Minister. It will not say that Hajiji is unlawful Chief Minister.

The court will throw out any related case on the grounds that it has been rendered “academic” i.e. there’s no “live issue”.

The Tues 10 Jan 2023 special Sabah Assembly sitting will go ahead. The gas Bill will be passed.

The anti hop Bill will be kept on the backburner. Sabah may spell the end of Umno and BN in the Territory. The local parties will take over. Sabah belongs to the Orang Asal (Original People), not the PTI and Anwar Ibrahim.

Since BN Sabah has pulled out from the gov’t, there will be Cabinet reshuffle. Some members of Umno may be retained.

PAS and Sapp, both PN members, will be removed from the state assembly. Sapp supports PN in opposition to DAP in Sabah. Likewise, with PAS.

Peer Mohd . . .

We don’t know whether Sabah MIC Peer Mohd, allegedly a PTI, will be retained as board member of Sawit Kinabalu, a state GLC, if he remains with the party. The case on his legal status is in court.

The complainant has alleged, based on what Peer Mohd told the 2012/2013 RCI on Illegal Immigrants in Sabah, that he remains a beneficiary of Projek IC Mahathir. He has further alleged that the authorities concerned are trying to cover up the case as was done with the Salman Majid and Majid Kani cases. The media covered these cases. Google!

The late Karpal Singh was the lawyer for Salman Majid. He argued that “citizenship once given can’t be taken back”. In law, he was wrong.

Immigration withdrew both cases.

https://www.malaysiakini.com/news/650626

https://www.malaymail.com/news/malaysia/2023/01/06/sabah-bn-umno-pulls-support-from-grs-state-government-and-cm-hajiji/48836

Democracy only works if the people participate.

In India, the people form movements on every issue and take to the streets if the gov’t closes the door to dialogue and/or the court denies them hearing.

Many politicians have been locked up.

S’pore PM Lee Hsein Loong said half the lawmakers in India are ex-convicts. He conceded that most of the cases were politically-motivated.

In M’sia, the people think that democracy is all about voting once in five years and going home and sleeping until the next election.

The people should avoid political personality cults like the plague. They should avoid political parties, membership in political parties and party politics. These are new forms of tribalism and feudalism under the guise of democracy.

Trump, Modi, Xijinping, Putin and BossKu are all political personality cults. They are promoting new forms of tribalism and feudalism.

Trump has MAGA.

Modi has Hindutva and Hindu Rashtra (both mean Hindu Nation and no to secularism).

Xijinping has Common Prosperity and the failed Zero Covid-19 policy.

Putin has anti-US hegemony — read Ukraine — and anti-US$ (both supported by China).

Then, there’s BossKu trying to get all the votes of youknowwho under one platform so that they can continue to squat on others.

https://www.malaysiakini.com/news/650626

All this is academic.

Let the state assembly decide.

The Federal Court, by majority decision on Tues 1 Sept 2020 ruled that the discretion of the Sabah Governor, not being hereditary Ruler, is confined to the Sabah Constitution.

The Perak case law 2009 does not Apply.

The right law is Stephen Kalong Ningkan 1966 from S’wak for the non-sultanates.

Sultan, being hereditary Ruler, has residual and reserve powers. He has discretion beyond the state Constitution. The Perak case law 2009 Applies in sultanates.

https://www.malaysiakini.com/news/650673

Except for Shafie Apdal since Joseph Pairin Kitingan in 1994, and Pairin in 1985, 1986 and 1994, no Chief Minister of Sabah was lawfully appointed under Article 6(3) and Article 6(7).

Initially, i.e. before Pairin, these Articles didn’t define “majority” in law and didn’t mention leader of a party.

The only leaders of parties in Sabah at present are Shafie Apdal, Maximus Ongkili, and Jeffrey Kitingan, among other local leaders.

The “foreign” leaders of parties in Sabah at present are Anwar Ibrahim, Zahid Hamidi, Muhyiddin Yassin etc

Anyway, all this is academic.

In law, Hajiji remains Chief Minister. The court will not say that his status is unlawful.

The Governor cannot interfere. He’s not sultan or Agong.

His discretion is confined to the Sabah Constitution.

The state assembly can decide on the status of Hajiji.

https://www.malaysiakini.com/news/650673

Bung, under the Sabah Constitution, isn’t the leader of the party.

He has no locus standi.

The right and proper Forum is the state assembly. The Federal Court, by majority, ruled on the matter on Tues 1 Sept 2020.

The discretion of the Governor is confined to the Constitution and that too immediately after the election, not months later.

https://www.malaysiakini.com/news/650707

The discretion of the Governor, as declared by the Federal Court majority on Tues 1 Sept 2020, is confined to the Sabah Constitution i.e. immediately after election and on the dissolution of the state assembly.

The recurrent power struggles in Sabah would not happen if there’s compliance on the Sabah Constitution.

Also, the Sabah state assembly is the right and proper forum, not the Governor. The court has already declared on the matter.

https://www.malaysiakini.com/news/650713

Anwar Ibrahim should remember that Sabah belongs to the Orang Asal (Original People), not to him and the PTI.

Let’s hope Anwar would not show his true colours in Sabah.

https://www.malaysiakini.com/news/650714

The matter isn’t in court.

Opinion isn’t law. Only the court can declare law.

The situation in Sabah has been rendered academic i.e. there’s no live issue.

No court in the world will declare that Hajiji is an unconstitutional Chief Minister. The issue doesn’t arise. The court will disregard the matter on the grounds that the challenge to the position of Hajiji as Sabah Chief Minister has been rendered academic.

The state assembly is the right and proper Forum.

The Governor has no say. The Federal Court declared by majority on Tues 1 Sept 2020. The discretion of the Governor, not being hereditary Ruler, is confined to the Sabah Constitution. The right law that interprets discretion is the 1966 Stephen Kalong Ningkan case.

The sultan, being hereditary Ruler, has residual and reserve powers i.e. beyond the state Constitution. The Perak case law 2009 interpreted discretion.

https://www.malaysiakini.com/letters/650691

High Court judge Yew Jen Kie cited the dictionary meaning of majority when she interpreted Article 6 (7).

Her interpretation of Article 6(7) may have been unconstitutional. It’s no use having this Article based on the dictionary meaning.

The Definition of majority in Article 6(7) isn’t about simple majority and does not rule out minority gov’t.

Any challenge against Hajiji’s position as CM may be academic i.e. there’s no live issue.

The state assembly remains the right and proper forum to determine Hajiji’s position as CM.

The Governor has no say. The Federal Court, by majority on Tues 1 Sept 2020, declared that the Governor’s discretion was limited by the Sabah Constitution i.e. the appointment of the CM after election; and the dissolution of the state assembly where it has not automatically expired.

https://www.malaysiakini.com/news/650651

Shafie Apdal should have been appointed Chief Minister on Thurs 10 May 2018 and Sat 26 Sept 2020.

He was denied both times. Musa Aman was appointed on Thurs 10 May 2018. Shafie ousted Musa on Sat 12 May 2020.

Musa tried to oust Shafie in July 2020 after the former’s 46 corruption charges were dropped.

Musa was on the way to the Istana to claim the CM’s post.

Shafie called for snap Sabah election which was held on Sat 26 Sept 2020.

Shafie should have asked the Governor for audience on Sat 26 Sept 2020. He held back after news emerged that Hajiji would be appointed CM. Muhyiddin, then backdoor Prime Minister, backed Hajiji.

https://www.malaysiakini.com/news/650651

Najib free if UN rules on ‘arbitrary’ detention . . .

Perfection in writing for perfection in law based on keeping the conscience clear and Truth coming into fruition . . . Law, ultimately, is the power of language i.e. the English language. Very few people can master the English language. The mastery of the English language begins from within by a student acting on his own.

Thank you for the RM5 sponsorship every four months. rgds

https://fb.watch/hScT2OZWQj/

Najib free if UN rules on ‘arbitrary’ detention . . .

The UN will find that Najib’s conviction wasn’t perfected in law!

Commentary and Analysis . . . It’s unfortunate that Najib’s lawyers did not place the jurisdictional and constitutional issues on the SRC case before the High Court. Instead, they rushed into defence based on bare denial, among other things.

No court raised the Arab donation story. It should not have been brought up. There was enormous damage done to Najib’s case.

Although Najib was in public service since he was 23 years old, there was no mitigation by the lawyer before the Ruling.

In Sodomy 1, Anwar Ibrahim refused to mitigate. Judge Augustine Paul mitigated for him.

Perhaps Najib realised the mistakes made on the SRC case when he decided to drop lawyer Shafee Abdullah after the court of appeal. However, he’s still stuck with Shafee.

It was a fatal flaw in law when the Federal Court did not arrange for legal representation for Najib on Tues 23 Aug 2022. Instead, in another fatal flaw in law, the Federal Court jailed Najib on that day.

https://www.malaysiakini.com/news/650443

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The UN will find that Najib’s conviction wasn’t perfected in law. If so, there was no conviction. He’s a political prisoner. Najib should be under house arrest.

The UN would likely rule, in Advisory Opinion, that Najib is being arbitrarily detained, probably to get him out of the way.

Advisory Opinion, although not binding, is applicable where there’s lacuna (gap) in local law.

The court needs principles in law to rule. Advisory Opinion is based on principles in law.

Fortunately for Najib, Mahathir and the entire Pejuang Party lost their election deposit.

https://www.malaysiakini.com/news/650582

Advisory Opinion from Commonwealth jurisdictions and the UN, although not binding, can be cited by the court in M’sia if there’s lacuna (gap) in local law.

https://www.malaysiakini.com/news/650582

The Ananda Marg case law, by the Supreme Court of India, was cited by the Federal Court as Advisory Opinion in the Allah case by the Herald and Catholic Church against the Home Minister, Home Minister and gov’t of M’sia.

There was lacuna (gap) in local law.

In fact, there were problems with this citation. Anyway, let’s not go there.

The point is that Advisory Opinion from the UN on Najib’s case would have bearing on the court in M’sia. The issue of the UN compelling the court does not arise. M’sia’s sovereignty remains.

It’s about the principle in law carried by the Advisory Opinion.

There’s lacuna (gap) in local law and/or non-compliance on the rule of law, the basis of the Constitution.

In the rule of law, the manner in which an accused is convicted comes first. If there has been compliance on the court’s oft-cited “amalan, tatacara dan prosedur”, and there has been compliance on the rule of law, conviction can follow.

It was unsafe for the Federal Court to uphold on Tues 23 Aug 2022 the conviction of Najib and jail him.

There were fatal flaws in law.

Najib’s conviction wasn’t perfected in law.

If so, there was no conviction.

He’s being held as a political prisoner.

He should be under house arrest.

The Agong should grant him Immediate Pardon for miscarriage of justice arising from Tainted Ruling based on mistrial. This is about the Appeal in the Federal Court.

Alternatively, the Federal Court Review can declare mistrial and set aside the SRC conviction. The case can be sent back to the High Court to be heard by a new judge. The Federal Court can also hear the case.

If the case is sent back to the High Court, the Attorney General as Public Prosecutor is at liberty to file it afresh. Otherwise, the case cannot be filed afresh. The double jeopardy ruling comes in.

https://www.malaysiakini.com/news/650582

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