‘Malays’ violate principle of ‘reasonable proportion’ in Article 153 and NEP


Malays have conceded too much to ‘racists’, minister reiterates stand

Faisal Asyraf

Aug 19th, 2019 (Updated Aug 19th, 2019)

My COMMENT on the above Article:

The theory that the so-called Malays in Malaya have conceded too much to “racists” does not hold water.

In fact, it can be proven that the only racists in Malaysia are the so-called Malays in Malaya.

The so-called Malays in Malaya are the last people on Earth to read the Constitution.

They prefer to take to the streets, beating their chests in unison, pulling at their hair and screaming hysterically “Allahuakbar” with tears streaming down their faces.

Have they ever read the Definition of Malay in Article 160?

Briefly, the Definition in the 2nd prong holds that Muslims able to speak Malay, and either born or domiciled in Singapore or Malaya, by Merdeka 31 Aug 1957, are Malay.

Their descendants are also Malay.

This is an artificial construct, an aberration in law. In short, it’s bad law.

Bad law is not law. It does not exist as law as if it never existed.

How can the people in the 2nd prong habitually practise the so-called Malay culture, customs and traditions in the 1st prong when they don’t exist as a race?

Patently, the Definition is not about DNA, race, history, geographical origin, Natekaran, Valiangkati, First Nation people, Orang Asal, Indigenous, Aborigine, Native, rumpun Melayu, Kepulauan Melayu, Nusantara, Archipelago or Austronesian.

Hence, again, it’s a contradiction in terms to speak in the Definition’s 1st prong of those in the 2nd prong practising Malay culture, customs, and traditions.

If ever a Malay people existed in the Archipelago, i.e. speaking the Malay language as their mother tongue, it’s not reflected under the 2nd prong in the Definition of Malay in Article 160 of the Federal Constitution.

There’s no evidence of a Malay race, so to speak, speaking only Malay. Every Malay speaker, i.e. those classified as Malay, has his mother tongue i.e. Malayalam, Tamil, Bugis, Minang etc

Generally, the Malays in Article 160 are Tamil, Malayalee, Pathan, Yemeni and Turks (only adherents of Islam among these communities, from India, were re-classified as Malays); and Bugis, Javanese, Minang, and Aceh (only adherents of Islam among these communities, from what is now known as Indonesia, were re-classified as Malays).

Language is no proof of race. I speak English as my primary language. That doesn’t make me an Englishman.

The Malay language was the lingua franca in the Archipelago before the advent of the West in the region.

Lingua franca means a language used by various communities, all having their mother tongues, to communicate with each other in a common medium.

The Malay language has also been carried to the Cocos Keeling Islands, Sri Lanka, South Africa, and Surinam in Latin America.

Malay “rights” . . .

The so-called Malays have violated the principle of “reasonable proportion” in Article 153 and the NEP. This is nothing but racism and internal colonisation.

The first people in Malaya . . .

The so-called Malays defined in Article 160 were not the first people in Malaya.

The British colonialists seized Orang Asli land in Malaya to create gov’t reserves by gazette.

Some of these reserves were given to Muslim squatters, labelled Malay for administrative reasons, to get them out of the way where the British wanted to plant rubber and mine tin.

The Malays referred to these gov’t reserves as “tanah Melayu”.

Tanah Melayu is a misnomer for Orang Asli land the British seized to create gov’t reserves.

Besides Article 8, the Orang Asli in Malaya can also refer to Article 5 “right to life” and Article 13 on “property rights”.

The Orang Asli came 40, 000 years before the Malayan gov’t. The Negrito (Semang) came from Kerala, south west India.

The Malayan gov’t cannot claim, in law, that the Orang Asli are squatting on state land.

The Orang Asli have Adat, based on customary practices, which has force of law.

Adat is international law.

Again, the Orang Asal came first. The gov’t came much later, hundreds and even thousands of years later. The gov’t, for example, cannot pass legislation to state that the Orang Asal are squatting on state land. Law cannot be backdated.

Article 5 of the Constitution guarantees the “right to life” and property rights. No one’s property can be acquired by the state without compensation. The state can only acquire property for public purposes, not for private use.

Plight of Indians in Malaya . . .

Indians should focus on Article 153.

The second prong mentions the legitimate interests/aspirations of non-Malays.

The first prong is about reasonable proportion, by way of a special position for the Orang Asal and so-called Malays, in only four areas viz. intake into the civil service; intake into institutions of higher learning owned by the gov’t and training opportunities; gov’t scholarships; and opportunities from the gov’t to do business.

Giving 90 per cent of matriculation seats to the so-called Malays is an unreasonable proportion. The so-called Malays formed only 50.4 per cent of the population in 2010, the last time the census was taken.

Article 153 has been deviated and distorted from reasonable proportion in the said four areas, to unreasonable proportion in the four areas, to unreasonable proportion in all walks of life.

Examples abound. For example, the canteens in all Klinik Kesihatan are run by so-called Malays. During puasa month, these canteens are closed. Non-Malays visiting the clinics can’t get even a drink.

Again, Indians in Malaya should focus on the deviations and distortions in the implementation of Article 153.

By focussing in this manner, Indians in Malaya can secure their legitimate interests/aspirations.

They have legitimate expectations.

Read the said Article here . . .


Malays have conceded too much to ‘racists’, minister reiterates stand

Faisal Asyraf

Aug 19th, 2019 (Updated Aug 19th, 2019)

Entrepreneur Development Minister Mohd Redzuan Md Yusof reiterated his stance that the Malays have compromised too much with “racists” and urged all to adhere to the Federal Constitution.

“The Malays are clear – we want to coexist with other races. We are not racist. We want other races to coexist based on the constitution.

“The society must understand that other than the flag, we have the constitution, we have (an official) language,” he told journalists in Kuala Lumpur today.

Last week, Utusan Malaysia quoted the Malacca Bersatu chief as saying that Malays have given in too much with racist demands and urged the former to defend Malay culture before it is destroyed.

Asked to elaborate this evening, Redzuan cited Chinese education group Dong Zong as an example, saying the latter lacked an understanding of the constitution.

“All these are consequential. They feel a distance with the constitution.

“I am afraid that the gap will widen and lead to racial issues. I don’t want this to happen in the country,” he added.

Dong Zong was one of the vocal opponents to the planned introduction of the compulsory teaching of Jawi khat (calligraphy) for Standard Four pupils.

Following a strong pushback from non-Malay communities, the Education Ministry later decided that the implementation would be subject to the consent of parent-teacher associations and students at vernacular schools.

Perlis mufti Mohd Asri Zainul Abidin had also urged Malaysians to sign a petition calling for a ban on Dong Zong, which he claimed was racist.

Meanwhile, Redzuan said failing to understand the constitution would give rise to racism and those who think that “what is mine is mine and what is yours is also mine.”

Utusan had also reported the Bersatu leader’s complaint that the government had been soft in its approach in tackling the khat issue.

Read further here . . .

We need a Saddam Hussein in Malaysia, says Asri in hitting out at ‘anti-Malay’ voices

All this crap is not borne out by the Constitution.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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