BREAKING NEWS! . . . Malay not bumiputera, can’t claim shopping malls . . .

Malay not bumiputera, can’t claim shopping malls . . .

Shopping malls outmoded concept will cease to exist as cyberspace takes over.

The following link was received by Messenger from Malay Mail . . .

The media like the Hindu deity Brahma can build, and destroy as well like the deity Siva, while only the people can preserve like Vishnu, the 3rd deity in the Hindu trinity of Gods.

Outmoded . . .

Shopping complexes are outmoded concepts worldwide given the advent of circulation corridors in cyberspace.

This is a thesis statement.

We have already seen the outmodeness emerging in city state Singapore where retail space has been dropping for many years even before late 2019 which saw the arrival of Covid-19, corona virus disease 2019, the label for serious symptoms unleashed by the immune system.

The immune system, to digress briefly, appears petrified by the perceived aggressiveness of the novel Corona virus in the epithelial cells and lymph nodes.

The virus necessitated gov’t imposition of movement control orders, lockdown being the worst form of physical violence, on human activities. It may be recalled that the #KibarkanBenderaPutih (#HoistWhiteFlag) phenomenon in Malaysia was the direct response to lockdown. Human activities weren’t only severely curtailed, except among frontliners in the public healthcare system, but virtually halted completely.

The downward trend in retail space in shopping malls has quickened since the media began harping on the pandemic brought by the novel Corona virus.

Many shopping malls lie abandoned. It’s not clear where the future lies. Some space, as in the hotel sector, has been used as quarantine centres.

History . . .

History tells us that human activities veered towards circulation of traffic and pacing, as in athletics, in the physical world.

The west coast of Malaya, in a heads I win, tails you lose move; won against the east coast of Sumatra as the international circulation corridor between southeast India and south China, and points further west and further east. The Sumatrans, the first people on the island being Tamil in the north, flooded into Malaya.

The Negrito from Kerala, in southwest India, were the first people to settle in Malaya. They came 40K years ago and can still be found as various tribes in the mountains of Malaya. The Negrito, the first people in India, came 70K years ago. They can still be found as various tribes in the mountains of Kerala. Others came to Iran, Afghanistan and the Indian subcontinent about 15K to 8K years ago. They entered Tibet, Yunnan (little Tibet) and south China from Afghanistan and south India.

South China and Taiwan saw the emergence in history, about 6K years ago, of the Austronesian people.

Physical world . . .

The physical world was becoming an outmoded concept even before the media harped on the pandemic brought by the novel Corona virus.

The pandemic has seen a quickening of the already massive shift towards cyberspace in the wake of innovations — new ways of doing old things — brought by technology which follows inventiveness and creativity.

Digitisation, digitalisation, and digital transformation brought by algorithms are the new Mantra. The gov’t in Putrajaya, and their beloved Malay, should take note of this or risk being swept aside by history and cast into its dustbins. They would not be even footnotes.

Follow the story of the AirAsia Group which has reinvented itself, in the wake of the pandemic, and found a niche in innovations. AirAsia appears no longer only about aviation since creating a SuperApp. That’s why it can refuse to refund passengers left stranded by lockdown. On a point of clarification, Tony F has agreed to fully refund passengers in the form of travel credits which have no expiry date. The court agreed that AirAsiaX could refund 0.5 per cent of the value of air tickets held by passengers. The court agreed that passengers are creditors, as otherwise it would be a form of discrimination against others considered creditors.

Tony F claims that the AirAsia Group has always been about innovations, as a technology company, even before aviation and the pandemic.

Forest . . .

The Malaysia Shopping Malls Association and Malaysia REIT Managers Association didn’t entirely miss the forest for the trees.

However, they have embarked on an exercise in futility. The gov’t, in catering to the lowest common denominator, remains all about wooing Malay votes, by hook or by crook, win or lose, do or die.

The notorious quota system Mantra, taking its cue from the failed Licence Raj in Nehru’s socialist India in basing itself on the even more dubious bumiputeraism Mantra, has always been has always been a failed approach since it burst on the scene in the way of the searing Sino-Malay riots on 13 May 1969 in Kuala Lumpur.

The quota system manifests as extreme distortion, deviation, depravity, and morally untenable approach on Article 153 and the NEP.

Fifty years after 13 May 1969, the Malay remain a failed people as a community compared with the Chinese for example, having probably nothing more than the proverbial shirts on their backs.

Their leaders have personally benefited at their expense as evident in numerous financial scandals and the Pandora Papers.

Great Kings . . .

We know from history that great Kings, emerging as chief peasant and the greatest warriors employing brute force mercilessly, served the people selflessly, without fear or favour, win or lose, do or die, to obtain the mandate of power, even if it meant making the ultimate sacrifice. It’s not superstition that Jesus was hailed as a great King, prophet and messiah. He made the ultimate sacrifice.

Gov’t is like Kingship.

The Ismail Sabri gov’t is illegitimate, having no consent of the governed.

The people have lost their sovereignty to a handful of wannabe kleptocrats and kleptocrats in Putrajaya.

The Opposition PH, which won GE14, has disgraced itself thrice over.

Firstly, Opposition Leader Anwar Ibrahim kept a discreet silence when Agong intervened and interfered in the Executive and politics.

Secondly, pushed by DAP, PH entered into a morally untenable MoU with the illegitimate Ismail Sabri gov’t, offering it dubious support and lifeline in Parliament.

Thirdly, PAS in the Ismail Sabri gov’t has been running amok, pushing for the law of the jungle, making up stories as they go along. PH, DAP in particular which wants political stability at all costs for the economy, takes the blame for this tragic state of affairs.

Gov’t policies . . .

Gov’t, by policy decision, can assist the Malay or other communities for that matter, but it must stop harping on bumiputeraism as the grounds for its decision.

That does not mean that the gov’t cannot, by policy decision, designate any community as bumiputera (son of the soil).

Malay in Malaya aside since Merdeka on 31 Aug 1957 as stateless communities, the gov’t in the 1980s also declared the Malacca Portuguese, Chitty, Baba Nonya and Siamese — all former British subjects — as bumiputera for inclusion in the benefits of Article 153 and the New Economic Policy (1970 to 1990).

In law, gov’t can on paper do anything unless restrained by the court. Gov’t policies — i.e. administrative law — are not law. They can be challenged within three months of being affected i.e. not within three months, as widely believed, of being gazetted. In short, there’s no time limit in challenging administrative law.

The gazette cannot be challenged since it isn’t law. The court is only about law. However, the process of gazetting can be challenged since it must be based on law.

The gov’t can’t act with impunity. It won’t get away.

Malay not bumiputera . . .

The gov’t however belabours in the delusion that the Malay in Malaya are bumiputera. It’s not true as evident from the Definition of Malay in Article 160(2). Malay isn’t race, isn’t bumiputera, as evident in the Definition, but a form of identity. That has been declared in case law, in the High Court of Malaya, on the Definition.

The case law can be found here . . . Palm Oil (Malaysia) Sdn Bhd v. Che Mariah Mohd Tahir (Trading as Delta Mec Enterprise) [1994] 3 CLJ 638.

It was the British who first codified the term Malay as an umbrella term for various Muslim communities, either immigrants or descendants of immigrants, from the Malay Archipelago, the Indian subcontinent and elsewhere, squatting illegally in Siamese Territory. Google bunga mas and the Anglo-Siamese Wars. Malaya became British colonial territory after the two wars in the 1800s. The sultanates were created by the British as territorial states from rivermouth dwelling toll collecting centres run mostly by extortionist Bugis pirates masquerading as sultan. There were some sultan who were previously Hindu rajah, descended from Hindu rajah, and thereby claimed blueblood as aristocrats.

The rest is even more history.

Indigenous and aborigines . . .

The only bumiputera in Malaysia are the Orang Asal (indigenous) in the Borneo Territories, Sabah and Sarawak, and the Orang Asli (aborigines, original people) in Malaya. Only the Orang Asal and the Orang Asli have NCR — native customary rights — land in Malaysia under Adat, native customary practices which have force of law.

In law, Orang Asal and Orang Asli acquired NCR land, historical and ancestral property, by Adat, by the right of first settlement and working the land in the emptiness and vasteness of a geographical expanse bound by water, mountain and jungle.

Such properties are protected by Adat, customary practices which have force of law; Native Court, and Articles 13, 8, 5, Article 161A and the Sabah and Sarawak Constitutions.

Gov’t reserves . . .

Malay reservation land isn’t under the NCR category, there being no Adat, but gov’t reserves gazetted as untitled land by British colonial Administrators on Orang Asli land to get scattered immigrant Muslim squatter communities out of the way in areas declared for rubber planting and tin mining.

The immigrant Muslim communities, indolent by nature according to colonial accounts and scholars, were apparently found unsuitable for such activities. The colonialists brought Tamil and Chinese into Malaya. The British virtually kidnapped landless Tamil peasants in the Madras presidency, then part of British India, for tapping rubber trees. Also, they lured poor Chinese peasants from south China through Hong Kong, a crown colony, for working in the tin mines owned by large British companies.

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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