Kurup keeps MP seat on Firday the 13th.

A victorious Tan Sri Kurup with his supporters after his appeal was allowed by the Federal Court yesterday

For some supertitious people, Friday the 13th is about a day of bad luck. According to folklorists, the belief that Friday the 13th is a particularly unlucky day is a modern amalgamation of two older superstitions: that thirteen is an unlucky number and that Friday is an unlucky day. But to PBRS President, Tan Sri Joseph Kurup, Friday the 13th seems to be a lucky and glorious day. This is so when the Federal Court ruled that he was in fact, duly elected as the Member of Parliament of Pensiangan on nomination day, February, the 24th, 2008.

In the absence of Appeal Court President Tan Sri Alauddin Mohd Sheriff and Chief Justice of Malaya Datuk Arifin Zakaria, the Federal Court Judge, Datuk Nik Hashim Nik Abdul Rahman delivered a unanimous decision to declare Tan Sri Kurup as duly elected. Inter alia he said “There had not been any failure on the part of the returning officer to comply with the election laws. Accordingly, we unanimously allow the appeal with costs here and the court below,”

Nik Hashim further held that the requirement that the nomination papers must be delivered between 9am and 10am was mandatory and that the returning officer was justified in upholding the objection and rejecting Andipai’s nomination papers for non compliance with regulation 6(2)(b) of the Elections (Conduct of Elections) Regulations 1981 which provides that the nomination papers in triplicate must be delivered to the returning officer between 9am and 10am on nomination day by the candidate and seconder or by any two or any one of them.

The Federal Court’s grounds of decision were further highlighted by the Daily Express in its 14th March 2009 publication as follows:-

Nik Hashim said that it was true, as the election judge decided, that the Election Commission had the power of control and supervision over the conduct of elections and that the returning officer was subjected to the direction of the Commission.

“Nevertheless, such power and direction must be exercised according to law,” he said. In this case, the commission’s deputy director’s directive to the returning officer to accept Andipai’s nomination papers outside the time frame was contrary to regulation 6(2)(b) of the Regulation.

“The Election Judge was erroneous when he held that the power of the Election Commission overrides the Regulations. Nothing in the law provides for such power,” he said.

Nik Hashim further said the court held that it was not within the purview of the Election Commission to effect any amendment to election regulation relating to the conduct of elections.

The court also held that while it was true there were 12 people who wanted to be candidates and only one counter opened at the nomination centre, nevertheless, the responsibility for submitting the nomination papers to the returning officer within the time fame lay with the candidates.

“No statutory duty is imposed on the returning officer to ensure that all nomination papers of all candidates present at the nomination centre must be accepted but only to ensure that no nomination papers are to be accepted during the time frame (9am-10am),” Nik Hashim held.

He said the court was also unanimous in holding that in this case the fault lay with Andipai for failing to deliver his nomination papers within the stipulated time to the returning officer.

The court also held that Andipai had pleaded the facts and grounds of his petition but without specifying which provision of written law relating to the conduct of election had not been complied with by the returning officer.

“This failure is fatal. Parties are bound by their pleadings. Since the mandatory requirements stipulated by section 32(b) of the Election Offences Act 1954 had not been met, the learned judge ought to have dismissed the respondent’s (Andipai) petition outright,” Nik Hashim said.

With this decision, Tan Sri Kurup who is also the Federal Deputy Minister of Rural and Regional Development said that the rule of law has prevailed and that he looked forward to concentrate on his work as the MP for Pensiangan and to help the people of Pensiangan out of their misery.

Well, folks, I said so in my previous post that the Federal Court would definitely allow his appeal. It has done just that. Now to all those who had dreamt of becoming the new MP for Pensiangan, barring any unforeseen circumstances, they may have to wait for another 4 years. Well, could it be earlier than that? No body has the crystal ball right now. I can only say that it is politics after all. In the meantime, let us allow Tan Sri Kurup to perform his duties peacefully and diligently as the duly elected MP in the interest of the people of Pensiangan.

Cheers!

When sense and sensibility no longer apply

It is rather unfortunate to witness the political impasse in Perak not showing any sign of concession from either party of the political divide. To some, the open-air so-called emergency assembly sitting under the raintree in Perak was so surreal that one couldn’t believe that it would ever happen in their lifetime. But that was what actually happened yesterday when the Perak Assembly Speaker, V Sivakumar called it to be held just about 100 meters from the locked Perak Darul Ridzuan building.

The Pakatan Rakyat “MB”, Datuk Seri Mohammad Nizar Jamaluddin referred to it as under the “doctrine of necessity” that the Perak state assembly should hold an “emergency session” under such circumstances and therefore, believed it to be valid.

On the other hand, while they were at it, the High Court in Perak was inundated by legal arguments from the counsels of Perak MB, Datuk Dr. Zambry Kadir for the Court to agree to issue out a restraining order against the Speaker from convening any legislative assembly meeting inclusive of the one held yesterday without the DYMM Sultan of Perak’s consent. Well, they got it indefinitely to the effect of deeming illegal the said meeting and any other future meetings called by the Speaker without the Sultan’s consent prompting BN lead counsel, Datuk Hafarizam Harun to suggest that ” a meeting under the tree will remain under the tree “.

Folks, whatever it is, to me, it is quite natural for any supporters of the parties involved to suggest that whatever measures taken by their leaders to resolve the constitutional crisis are valid and within the law and that the other parties’ action are seemingly not valid and unconstitutional. They seem to suggest that the law is on their side. Well folks, just hang in there for a moment. Since both parties have resorted to the Courts for a decision and further relief, it is apt that all parties especially the Opposition to restrain themselves from doing anything illegal which would contribute to further political instability and chaos in the country.

Then again, it just occured to me that had Anwar Ibrahim’s attempt to lure the 30 odd BN Members of Parliament to jump ship to the opposition last year been successful, would the opposition be so kind and generous now to say that what they did then was constitutionally and morally valid. I don’t think I can reconcile with their attitudes today. Surprise! surprise! surprise!

So, the question is why is it considered by the PR and their sympathisers as immoral and unconstitutional when the BN was able to get the 3 Perak PR assemblymen to cross over to them? Double standard on the part of PR? I would like to think so.

If the argument is that it becomes immoral and unconstitutional when either money or position is involved. Let me just say this, Please show hard evidence and hard evidence only to MACC. Merely a bare allegation is as good as no evidence at all. Hence, pending the High Court’s decision, sense and sensibility must prevail.

Cheers!

Rizalman Abdullah.. Is it a joke?

Datuk Rizalman Abdullah in 2003

A blast from the past. I am of course referring to Datuk Rizalman Abdullah’s comical attempt to bulldoze a come back to Pensiangan after failing to retain his hold as Tenom UMNO chief recently. There is no doubt in my mind that he comes from Kg. Sinulihan Baru, Sook but lest we forget, it was he who abandoned Pensiangan about 18 years ago when he chose to helm the Tenom UMNO division and thereafter, became a one-term Member of Parliament for Tenom in the 1999 General Election.

Now that he had lost the Tenom UMNO Divisional chief post to YB Datuk Rubin Balang, in his final dash for a political survival, he suddenly remembers the 8000+ UMNO members in Pensiangan whom he had long abandoned. I don’t think any sane UMNO members would appreciate such act of treachery.

Folks, if one were to read and digest his press statement today as published in the New Sabah Times, he seems to forget that he is not making any political sense at all. While he is seen to be proposing the names of Datuk Ghani Yassin, the current Pensiangan UMNO chief and/or his deputy, Ahuar Rasam as being the most suitable UMNO candidate to stand as a BN candidate in Pensiangan, he, on the other hand, in the same breath, was also offering himself to stand in Pensiangan on behalf of any BN component party being nominated to stand or otherwise, in a veiled threat, he would stand as an Independent. So which is which? I thought he was being self-contradictory and making a joke of himself. Folks! you be the judge.

I sincerely think this particular politican has gone bonkers! Honestly speaking, he may have several pockets of grassroot support in Sook but definitely, not in Nabawan. Further, I was made to understand by a very prominent local politican in Keningau that when a large section of Sook was once part of the Tenom Parliamentary constituency, he made a lot of unfulfilled political promises in 1999 including the donation of a cow for every villages. When asked for after the election, he merely shrugged off his shoulder and uttered the words “itu politik bah” . Hence, in brief, I don’t think he is the so-called “saviour” for BN nor could he be a successful Independent. He is a politican past his prime. In his quest for a candidacy, he has, along the way, stepped on the feet of Datuk Ghani Yassin, Ahuar Rasam and several other UMNO leaders in Pensiangan. No doubt, he may have also hurt the feeling of fellow BN component parties by his action and tirade as published in the media for the past two days.

I honestly believe the Federal and State BN leadership would not even think or attempt to temper with the present quota that has stood the test of time. Any attempt to temper with the present arrangment would seriously jeopardise the existing harmony prevailing in BN. The dacing will otherwise, be seen as tilting towards destruction. Folks! Believe me.

But then again, all this diatribe will remain as one and one only, a diatribe, if and when the Federal Court ruled to set aside the Election Court’s decision in favour of the PBRS president, Tan Sri Joseph Kurup. Period.

Cheers!

P182 Pensiangan: On the record

The bare facts and figures of previous parliamentary elections in P182 Pensiangan

Folks!, It is said that a picture tells a thousand words. So, just in case, any of you are interested to know about its recent elections history, I have taken the liberty to post a copy of the above for the whole world to see and analyse the bare facts and figures of previous parliamentary elections held in P182 Pensiangan, Sabah, Malaysia. (courtesy of Azlan Zamhari/Malaysiakini)

Cheers!

War of words on Pensiangan (Take 2)

There it was again. On the frontpage of the Daily Express today, Tan Sri Kurup challenged Datuk Pairin to a one to one debate over what had transpired between the two parties lately.

This was what he said “I would like to meet face-to-face with Pairin to debate on what he said and what I said on his statement on the candidacy in Pensiangan and implication of that statement, the meaning of ‘colourful and well documented history’ and Pairin’s performance as a two-term Pensiangan Member of Parliament,”
but refused to debate further over the matter in the media with Datuk Radin as to him, the latter was merely sheltering his President who hid behind his back over the issue he himself raised in the first place.

Folks! would you be able to imagine a picture of two overgrown bulls fighting head on in defence of their own niches.

To me, if the fight persists, BN will have to bear the political consequences of having to face the Pensiangan by-election in turmoil. I believe no political party in such a condition will survive the scourge of a very tough election, if, as predicted by many, would come true in Pensiangan.

I thought it would have been wiser if the top BN leadership kept a tighter rein on component members from making untoward comments against each other especially during these crucial times of uncertainty. However, on the other hand, as commented by several prominent members of the public, it was indeed prudent for Tan Sri Kurup to act the way he did, as to have kept his peace a minute longer would have been seen by PBRS members as a surrender to other bigger BN component parties. This I think would be disastrous to its image.

Folks! I leave it to your wisdom to decide.

Cheers!

Influence of PAS’ win in KT over Pensiangan

With the opposition PAS’ commendable win in the Kuala Terengganu by-election, Pensiangan becomes the next focus of political attention by Malaysians who care about the intriguing political development taking place in the country since the last 12th March 2008 general election.

Indeed, if there were a need for a by-election in Pensiangan, by convention, it should be the President of Parti Bersatu Rakyat Sabah (PBRS), Tan Joseph Kurup who would be most likely to be nominated as the BN candidate to stand against the opposition parties. I am saying parties in the plural because apart from PKR, other opposition parties like the SAPP and independents could be joining the fray too.

As it is now, Danny Andipai is the only identified candidate to stand for PKR since Dr. Jeffrey had earlier removed his name from the list of potential PKR candidates. However, rumour has it that his foot soldiers are still pushing all out for their boss to reconsider as they believe the prospect of winning is very good to the extent of saying that the inexperienced Andipai might not stand a chance against the onslaught of BN oil-laced election machinery. What more when Andipai has got a very shallow pocket to face the by-election as the chances of getting sufficient election fund from Central PKR are basically in doubt. I may be wrong here as PKR vis a vis Pakatan Rakyat has formed 5 state governments in Peninsular Malaysia.

On the other hand, the former MP of Pensiangan, Datuk Bernard J Maraat is also rumoured to be very keen to contest as an Independent, although, at this point in time, he is still a PBS member eventhough his Liawan PBS Division had been indefinitely suspended by the party. Rumour has it that he has already instructed his foot soldiers to do the groundwork in preparation for the by-election. It was, I think purposely leaked from among his inner circle of trusted lieutenants to test the water that his candidacy would be a definite YES if and only if Tan Sri Kurup should be the BN candidate in the by-election. However, rumour has it also that he would not go forward but would instead pull all his weight to support BN if a certain personality who happened to be his previous election rival were to be chosen as the BN candidate.

Be as it may, I truly believe the opposition’s win in Kuala Terengganu would generate greater influence on the Pensiangan voters in choosing their next MP. Pakatan Rakyat would have to play the mind game with the people here as, in terms of providing instant development, they are incapable of doing it there and then as they are neither the state government nor the ruling party in Putrajaya.

But mind game is a very effective tool nowadays. PKR would be trumpeting for the Pensiangan people to emulate the voters’ wisdom in Kuala Terengganu that despite BN’s promises of more development, big increases in federal funding as compared to other states and its good choice of a very capable candidate, the voters of KT still voted for the opposition with even a bigger majority.

In their quest for votes, PKR would be making allegation that after 51 years of being the government, the BN leadership especially UMNO have grown aloof, elitists and quite detached from the ordinary people on the ground. They would also be saying that BN leaders should earn the peoples’ respect and be grateful to the people instead of the other way round.

Pakatan Rakyat leaders like Dato’ Seri Anwar Ibrahim, Lim Kit Siang, Lim Guan Eng and of course, SAPP president, Datuk Yong Teck Lee are veteran politicians who are very well versed with playing the mind game to psychologically influence the voters. I would not be surprised if populist issues like land acquisition by big private companies and the burning of native huts in forest reserve lands are to be inflamed like wild fires to show the state government’s inhuman treatment of the natives as compared to illegal immigrants from Pulau Gaya and other places in Kota Kinabalu who were being well-treated and given decent houses to live in by the state government.

But to many, as in Kuala Terengganu, it finally boiled down to the personality of the respective candidates. Who they can trust? who they can get along with? who they can bear with? whose presence they can tolerate? whose words of comfort and promises they can believe? who they can easily meet and discuss with? whether he is all ears when they are talking to him of their problems? whether he has the same background as them to enable him to intergrate with their life styles and finally whether he would have the same wavelength as them and be able to speak aloud their inner thoughts of cry for help from the clutches of poverty.

I believe these are the fundamental qualities which the voters are looking for in the respective candidates. And I further believe that for BN to counter the mind game that would be perpetrated by the opposition parties in the by-election, it has to give ample airtime to them so that they can in turn tell the voters what sort of development they have done so far to the people since the last general election, which I believe is very negligble, and in so doing, BN would have the opportunity to counter attack the opposition rhetorics by making comparasion of who has the greatest ability and promises fulfilled in the very short time since the last general election. Only by doing this, BN would be able to decamouflage the real meaning of opposition politics to the people of Pensiangan.

Cheers!

PAS won big in Kuala Terengganu By-Election

The winning PAS candidate in green Batik

PAS candidate Mohd Abdul Wahid Endut won big in the Kuala Terengganu parliamentary seat by-election. He polled 32,883 votes to Barisan Nasional candidate Datuk Wan Ahmad Farid Salleh’s 30,252 votes for a majority 2,631 win. While the Independent candidate Azharuddin Mamat obtained only 193 votes. There were 665 spoilt votes.

With this latest victory, the Opposition is now one seat nearer to its previous attempt of trying to oust and form the next federal government. They are presently controlling 82 seats plus 2 opposition leaning seats from SAPP in Parliament while BN has 137 seats. ( I consider Ibrahim Ali’s independence as suspect as he could be on either side of the divide going by his previous record of speeches in Parliament) However, realistically speaking, it is my personal opinion that it would not materialise for the rest of the remaining lives of the present Parliament especially so, when we are going to witness the changing of the guard at Putrajaya in March. I believe with YAB Dato’ Seri Najib Tun Razak at the helm, the present BN MPs should be rock solid in their belief the new leadership would be able to introduce new measures namely,

(1) to check the decline of BN support among the Malaysian voters;
(2) to attract those who had “temporarily” shifted their support to the opposition in the last general election;
(3) to attract the younger generation of voters who might have been, by accident or by their own free will, attracted to the opposition; and
(4) to cure open wounds inflicted against fellow BN components parties by certain overlord in BN.

But, what went wrong for BN? This seems to be the most popular question asked by many political analysis including me. They were saying that in the KT campaign, BN had among others:-

(1) projected its very good track record of developing the state of Terengganu since it was captured from the opposition in the 2004 general election;
(2) promised to increase more federal funding than other states in West Malaysia since it is an oil producing state; and
(3) its BN candidate who is an UMNO division head would be reappointed to his old job as a Deputy Minister if he were to win the by-election.

Despite all the above, BN not only failed to retain KT but lost by a bigger margin. But to me, all is not lost. To lose a by-election is quite normal and prevalent in a free democracy. Likewise, it is also normal for the voters to return the seat to the other party comes the next general election. Afterall, after licking its wound, I am confident that BN will once again rise to the occassion provided always, the new leadership is prepared to introduce and implement new measures as I have suggested aforesaid.

Before ending this post, I would just like to highlight that as the parties’ candidates were cruising on their final laps to the finish line. Rumour has it that it was more of a personality clash of the candidates than anything else. Folks, I let you be the Judge and Jury.

Be as it may, the next important question is, to what degree of influence, PAS’ win in Kuala Terengganu, has on the Pensiangan voters, in the event of a by-election should Tan Sri Kurup failed in his appeal at the Federal Court?? Now that Pas had won big today, I stand to be corrected in my perception posted here on the 7th January 2009.

Cheers!

Datuk Rubin Balang, the new Tenom UMNO Chief

Datuk Rubin Balang, the President of Persatuan Murut Sabah (PMS) in action with a traditional Murut Blowpipe

” RUBIN WINS ” that was the New Sabah Times’ headline today. Yes. Would I be delighted of the news? who wouldn’t. He is my president, the current President of Persatuan Murut Sabah (PMS) of which I am currently the Treasurer-General. I have of course served as the Secretary-General of PMS when Datuk Rubin was first elected as the President way back in 2000.

Since then, we have gone back a long way in the rough and tumble of strenghtening PMS and getting it to be offically recognised by the state government as being the rightful platform for the Murut not only economically but I have to concede, the full recognition of the Murut culture, its beautiful traditions and of its people who would excel in producing eye catching original handicrafts. Under Datuk Rubin’s leadership, the evidence of PMS’ success is none other than the state-sponsored KALIMARAN Festival held annualy at the Pusat Kebudayaan Murut in Tenom.

Although he is currently the Kemabong Assemblyman, the Chairman of the Sabah Housing Development Board and a former Sabah Minister of Culture, Youth and Sport, he is to me first, a president of our Murut association who, since his election, had done so much in bringing the association to where it is now. A place, aptly recognised by the state government. At the back of my mind, I thought, our association had also played a very important role in determining who the right BN candidate should be to contest in the Tenom Parliamentary seat in last general election? Any of you folks buying this? Unbelieveable? Believe it.

Honestly, I should say that although Datuk Rubin may not have the necessary paper qualifications, he is no doubt, a charismatic leader who had held the Kemabong state seat for four terms. When he was the Minister of Culture, Youth and Sport, he made it his mission to place the Murut warrior dance at the forefront of every cultural presentation culminating in, if my memory serves me right, a commendable win in a cultural dance competition in Spain?

That is why, I was very confident that where the majority of UMNO members are Muruts and if the Tenom UMNO Divisional election were to be conducted according to the true meaning of a democratic process, Datuk Rubin Balang would win the election this time around after failing to wrest it from Datuk Rizalman Abdullah in the last UMNO election. Well. He did it yesterday. He toppled Datuk Rizalman who had been the Chief for a record 17 years.

It was in fact, an open secret that there was bad blood between the two contenders. No stone unturned in the heat of the campaign. Each had his own pebble to throw at the other and vice versa. The heat became so unbearable that one of the contenders had to lodge a police report alleging someone from the other camp had purportedly hired a hitman to cause hurt to the complainant. I would not wish to dwell further on this as I believe the relevant authority are in the process of investigating the alleged incident.

But what a memorable farewell to the last UMNO divisional meeting in Malaysia!. Apart from the above, I was told later that the recount of votes went on for about 10 times last night. Imagine OMG. At one time, it was Datuk Rubin Balang who won by two votes but on count back, it was Datuk Rizalman winning by a mere one vote. Could anybody believe the tension filling the Chung Hwa school hall where the votes were counted? It was not only very stressful for the contenders but their supporters too. In the end, it was Datuk Rubin who triumphed. He won by a majority of 56 votes after ganering 189 votes to Rizalman’s 133 votes. I was told that the police and Rela had played a very important role in making sure that no untoward incident happened. A big thank you to them.

With this defeat, it is anybody’s guess about the political future of Datuk Rizalman. Would he be able to make a come back? Only time will tell.

Cheers!