Baru Bian, LGE, Anwar should bid for PM’s post

Prime Minister . . .

The Cabinet works on consensus i.e. no one opposes. So, being PM or CM means nothing.

No Prime Minister must be older than 75 years old. Every generation has a right to rule. No generation must be making decisions for the next generation.

If anything has a beginning, it will have an end. The idea of always having a Malay Prime Minister is unsustainable.

The MPs on the gov’t side can choose the Prime Minister by majority vote.

There should be at least three candidates from different races and from Malaya and Borneo. Mahathir should not participate.

For example, Baru Bian from Borneo, and LGE and Anwar Ibrahim from Malaya can bid for the PM’s post. This should happen by convention i.e. the working of the Constitution and not by law. Indians and Chinese in Malaya can take turns to bid for the PM’s post.

The Orang Asal in Sabah and Sarawak can take turns to bid for the PM’s post.

If no one gets 51 per cent, there should be a runoff between the top two candidates.

There should be no Deputy Prime Minister.

Mahathir . . .

At present, Mahathir is the Prime Minister for Umno/PAS through Bersatu in PH and Putrajaya.

Mahathir, Indian (Malayalee) by race and Malay by identity under Article 160, is not bothered about PH.

Besides Bersatu, he has Umno/PAS with him and Warisan and GPS.

Mahathir and Family should go into exile. He should only be allowed to come home in a coffin. The Gen Y and Gen X will piss on his grave. This is a favourite Malay past-time.

GE15 . . .

Except for the Gen Y and Gen Z, the BoMa/SoCaMa (bogus Malays and/or so-called Malays) will not vote for PH.

So, it’s pointless PH playing/pandering to the BoMa/SoCaMa gallery.

Majority . . .

There is no race, religion and political parties in the legislature. There are only lawmakers.

Lawmakers represent in the legislature all the people in their seats.

The only majority that matters in law is that on the gov’t side in Parliament.

The majority across the divide in Parliament, in demography and in the streets is not the majority in law.

The minority in law is the losing votes in a seat. These must be given the right to be heard in Parliament, through non-constituency seats, if they collect total 2 per cent of the votes counted.

Democracy means the right of the majority in law to rule and the right of the minority in law to be heard in the legislature.

Political parties with card-carrying members are not about democracy but a new form of tribalism and feudalism. They are a corruption of the electoral process.

Don’t join any political parties.

Vote for candidates including independents.

Political parties should not have card-carrying members but only staff and party workers. They can have many supporters.

There should be no automatic or compulsory registration of voters or compulsory voting.

Voters must not be ferried to the polling booths by political parties. This is a form of corruption.

Judicial review . . .

Administrative laws are not laws at all but gov’t policies in action. They can be challenged by judicial review within three months of a decision affecting the Applicant.

In NCR land cases, judicial review can be launched within three years.

Gov’t procedures cannot violate Article 5, Article 8, Article 13, Article 153 and the NEP.

Putrajaya does not declassify official documents. This is another major flaw with the system in Malaya. Invasion of data privacy continues.

The card-carrying members of political parties are all about a new form of tribalism and feudalism.

Rule of Law . . .

The rule of law is the basis of the Constitution. Religion doesn’t enter the picture.

Lawmakers are sworn on Oath to uphold, respect, honour, and defend the Constitution. Bringing religion into the public domain is a violation of the Constitution.

Lawmakers who violate the Constitution automatically lose their seats in the legislature.

The Federal Constitution is the social contract. There’s no other social contract.

Malaysia . . .

Malaysia is a geographical construct based on defensible borders bound by water, jungle and mountain and bearing in mind national security, sovereignty and territorial integrity.

The Constitution of the Federation of Malaysia, a nation-state, is based on rule of law.

Customary laws, based on customary practices, have force of law.

Race, religion, language, culture, and customs, and traditions don’t enter the picture.

The Constitution is colour blind.

States have their own Constitution, state legislative assembly, crest, flag, and anthem. Putrajaya does not oppose.

Land is a state matter.

Political power should be divided between Putrajaya, the state gov’t and local gov’t.

The Federal gov’t has invaded and occupied Sabah and Sarawak since 16 Sept 1963 as it failed/refused to comply with the Malaysia Agreement 1963 (MA63). Partial compliance is not compliance.

MA63 was supposed to be one form of self-determination.

The onus is on Sabah, Sarawak and Malaya to Invoke Article VIII of MA63 for a new form of self-determination for devolution of greater administrative powers to Sabah and Sarawak, autonomy, self-gov’t and independence.

The law . . .

It’s better to view MA63 as a political issue. It does not come under the law of contract. It’s an international treaty signed by five gov’ts viz. North Borneo, Sarawak, Singapore, Malaya and the UK. The Malaysian gov’t and state is the successor gov’t and state to the Malayan gov’t and state.

Anything can happen in court.

The Constitution is not law, but as the ultimate political document, it has force of law and goes on to be the supreme law of the land.

Likewise, MA63 is a constitutional document.

Conventions are about the working of the Constitution.

Conventions are not law.

No court will hear applications on conventions. The court is only about law.

The Federal Court ruled, not so long ago, that only what has been incorporated from MA63 in the Constitution was law. It referred to the Definition of law in the Constitution.

The court erred in facts and in law when it did not add that MA63, being the ultimate political document for Sabah and Sarawak, has force of law whether incorporated in the Constitution or otherwise.

Even if MA63 had been fully incorporated in the Constitution, it exists as a constitutional document in its own right alongside and separate from the Constitution.

It’s not true that the leaders of Sabah and Sarawak signed away the rights of their homelands since 16 Sept 1963.

In law, no one can sign against himself.

Malay . . .

Malays in 1957 were subjects of the sultans in Malaya. They were not British subjects. The sultans were British subjects.

British subjects became Malayan citizens.

Malays had to apply to become Malayan citizens. Those who failed to do so became stateless people.

There’s no Malay race in Singapore and Malaya. Read the 2nd Prong of the Definition of Malay in Article 160.

Malay in Article 160 is a form of IDENTITY for Muslims in Singapore and Malaya governed by the Merdeka cutoff deadline.

The 1st Prong in the Definition contradicts the 2nd Prong. The question of Malay culture, customs and traditions in the 1st Prong does not arise when Malay in the 2nd Prong is not race.

Bahasa Melayu . . .

Bahasa Melayu is based on a Cambodian (Austronesian) dialect, superimposed with Tamil, Sanskrit and Pali. It’s the lingua franca of the Archipelago.

There were many rulers in the Archipelago who used Bahasa Melayu for administration, education, trade and missionary activities. That does not mean these rulers were Malays.

Economy . . .

The RM25, 000 daily limit imposed by Bank Negara is just to prop up the ringgit against the US$.

The crux of the issues on bribery, corruption, money laundering, tax evasion, lifestyle, derma and Cash is King is the gov’t being in business, inflated gov’t contracts, payments for gov’t contracts not carried out, pocketing the proceeds of gov’t bonds, and gov’t guarantees which become gov’t liabilities.

All these plunder the public treasury and add to the national debt burden and gov’t liabilities.

BoMa/SoCaMa . . .

By elections can be handed to independents.

Mahathir and other issues can be resolved. Mahathir is the Prime Minister for Umno/PAS through Bersatu in PH and Putrajaya.

Don’t burn down the house i.e. PH just because a mosquito entered the net.

Indians and Chinese must support PH although they don’t benefit and the BoMa/SoCaMa (bogus Malays and/or so-called Malays), led by Mahathir, are trying to hijack the Alliance for Umno/PAS through Bersatu.

BN tortured Indians and Chinese for 60 years.

Mahathir is trying to divide the Indians and Chinese between PH and BN.

The BoMa/SoCaMa (bogus Malays and/or so-called Malays) should emulate the Chinese and pace them.

That’s what the Bidayuh in Sarawak are doing to a certain extent. For example, young Bidayuh can speak Mandarin and are venturing into business areas previously monopolised by the Chinese. The BoMa/SoCaMa keep away from the Chinese probably because the latter take pork. Also, generally, the BoMa/SoCaMa don’t speak English and Mandarin.

Chinese focus on education, getting a job and working hard, doing business, buying a house/car, taking loans and repaying them, maintaining a good credit profile, saving as much as possible and making their money make even more money for them.

The institutionalised approach of the BoMa/SoCaMa, advised by the DEEP STATE/DEEP ISLAMIC STATE, harp on the politics of bullshit a la tribalism and feudalism driven by BAND (bangsa, agama, negara, derma), ketuanan Melayu, ketuanan Islam, history based on collective amnesia created by taqiyya (deliberately lying) and kitman (lying by omission) and degenerating into deviations and distortions on Article 153 and NEP.

Administrative laws are not laws at all but gov’t policies in action. They can be challenged by judicial review.

Very few BoMa/SoCaMa pay taxes. They contribute to only 8 per cent of the GDP.

Evil . . .

After the fall of Nazi Germany, US forces tried to understand what drove Adolf Hitler and his 3rd Reich.

They realised why the Nazis were Evil.

They lacked empathy (feelings of sympathy).

They felt that they could best protect themselves by being Evil.

Likewise, Maszlee & Co lack empathy.

Otherwise, how do we explain the pregnant Altantuya being C4-ed, Hussain Najadi, Kevin Morais in a tong simen, and Pastor Koh and others being taken away, never to be seen again?

Read . . .

This means nothing.

It will not help make a difference for the better.

How does it help by whining, moaning and groaning and preaching to the converted?

This is just apology for bullshit.

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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