Guan Eng: Local elections under EC’s purview Thursday, February 2, 2012 – 22:14 by Llew-Ann Phang

GEORGE TOWN: It is the Election Commission’s (EC) responsibility to conduct local government elections, says Penang Chief Minister Lim Guan Eng.

He reiterated this in response to a recent statement by the commission’s chairman, Tan Sri Abdul Aziz Mohd Yusof, who had said Penang and Selangor could hold local elections should they want to, but without the EC’s involvement.

“If we do this, we will be going against the law because the Elections Act is still being enforced. This falls under federal law and we must comply and uphold this.

“We must practise what we preach, so we must comply. Let’s not break the law.We don’t want to jeopardise the legality of the councillors or decisions of local councils,” Lim told a press conference at the state administrative complex in Komtar, yesterday.

When told about alternative ways in which councillors could be elected, at non-governmental organisation or Rukun Tetangga levels and then appointed to Penang City Council or Seberang Perai Municipal Council posts, he said: “Let’s not take these things lightly. We want to hold proper elections.”

He said the state had sought constitutional lawyers’ help and advice, and was making an application seeking a declaration for the EC to conduct local elections.

“We do not want the legality of decisions made by councils and councillors questioned. These are some of the realities we have to face.

“If we were the federal government, we could amend the law, but we are governed by the federal law, and so we have engaged lawyers for this purpose.

“(Former prime minister) Tunku Abdul Rahman had said once peace is restored, local government elections (which ceased to be practised in the 1960s) will be restored and it is our hope this will come to pass.”

The Penang government has instructed the state legal adviser to issue a gazette notification exempting local authorities there from Section 15 of the Local Government Act 1976 as a precursor to seeking a court declaration to compel the EC to conduct local elections.

“This is something that will take time but it is in the process of being done,” said Lim.

Citing a previous letter to the EC, he said the commission replied it was impossible to hold local elections in adherence to the same provision, resulting in the Local Government Elections Act to be of no force and effect.

“Clearly, the Local Government Elections Act authorises the EC to conduct elections for local authorities in Malaysia.

“It is, therefore, perplexing that the EC chairman continues to refuse to conduct local government elections in Penang as it is the only legal authority empowered to carry out the elections.

“The state has no choice but to seek a court declaration compelling the EC to obey and abide by the state’s directives.”

 

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Wheres all that attitude when hurling meaningless ill aimed insults that waste the taxpayer’s money in Parliament? If the EC is doing something illegal by UN standards, it is up to people like YB CM Lim Guan Eng to take up the issue and file lawsuits, not accede as if nothing can be done. We are living in a global village now, not a Penangite Tempurung. Are you sure you’re the right man for the job of Chief Minister? Who voted you in as Chief Minister? Oh right, Guan Eng’s dad ‘golden parachuted’ Guan Eng there.

In a one man one vote system (1.5 million Penangites vote at 66.6% minimum quorum, like the USA’s presidential vote) which DAP has no capacity to conceptualise (like the cave man before fire), Lim Guan Eng would very likely not even be on the EXCO in Penang. Try quorums and direct democracy, probably 75% of DAP’s ‘Supremos’ including Guan Eng and dad Kit Siang would be kicked out immediately being based on nepotism and oligarchy (also limitless terms) than anything else.

Complain to the ‘UN Commission for Election Practices’ or what not, don’t tell us it’s entirely up to the EC – the EC is still run entirely by vested interest politicians placed there by the BN coalition. This lack of PR coalition or even non-political party affiliated representation in the EC has not even been mentioned by Guan Eng to the UN in the context of stating the EC’s actions as purely biased and thus getting UN to require the EC to place Opposition and neutral non-party panellists in the EC. The UN can well get NATO to breathe down Libya and Tunisia and now Syria’s necks about election problems, so Malaysia should be no different. More like a crypto-lapdog waiting for 750K funds, why aren’t you doing this yet Guan Eng, new leadership is needed if you go ‘. . . ho hum EC decides everything . . . ‘ and go back to sleep  . . . you call yourself an opposition leader or even minority race leader?

Demerit system mulled by Josephine Jalleh and Tan Sin Chow – 16th September 2011 (north@thestar.com.my)

THE Penang Municipal Council (MPPP) is working on a set of conditions that beach operators would have to comply with before the ban on water sports activities in Batu Ferringhi can be lifted. State Local Government and Traffic Management Committee chairman Chow Kon Yeow said one of the conditions was the implementation of a demerit system whereby operators who violate the rules and regulations would have their license revoked and their equipment confiscated. This move was among the proposals raised at meetings that the MPPP held separately with the operators, hoteliers and the police, with the aim of creating tighter regulations for water scooter and parasailing activities at the beach.

Since Sept 6, all water scooter and parasailing activities in Penang were temporarily banned with immediate effect following a recent spate of accidents where a number of tourists were injured along the Batu Ferringhi-Tanjung Bungah tourism belt.

Remedial action: Chow and MPPP reaction, tourism and international affairs director Mohamed Akbar Mustapha showing the signs that will be displayed for public awareness at the benches in Batu Ferringhi.

In January, the council had also imposed a permanent ban on commercial horse-riding and quad bikes along the beach. Chow told a press conference in Komtar yesterday that one of the proposals was for an enquiry body to be set up to investigate accident cases and violation of regulations.

“Another suggestion is to give operator companies identification numbers and require beach boys to wear uniform with serial numbers,” he said. Chow added that suggestions included setting up buoys to identify zones for swimming and for water sports, and signboards displaying instructions and prohibitions in various languages to make tourists aware of the risks involved. There were also suggestions that the MPPP assist the operators in setting up the Association of Watersports Operators, and that a patrol team would be on duty at the popular spots on the beach. “We will hold more meetings with the quarters involved to look into the finer details of all the suggestions and conditions,” he said, adding that there were 30 operators with 80 water scooters in Batu Ferringhi.

The latest incident which sparked the ban was on Aug 20 when five tourists from Malaysia, Singapore, Britain and Australia claimed they were attacked by about 10 beach boys in Tanjung Bungah over a water scooter accident. On Sept 6, police picked up four beach boys aged between 18 and 30 in connection with the brawl. When contacted, George Town OCPD Asst Comm Gan Kong Meng said police were still waiting to record statements from the tourists. “Their statements are vital. We need information from them to help us wrap up investigations,” he said. ACP Gan added that the suspects were now out on police bail pending investigations. It was earlier reported that the case was being investigated under Section 323 of the Penal Code for voluntarily causing hurt. Police have since reclassified it as rioting under Section 147.

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Rubbish and arrogance by DAP’s TERM LIMITLESS Chow Kon Yeow and gas tank stealing, 750 funeral law cohorts. It is the voters who will mull which MP to remove that dares that intends to impose such INSULTING demerit laws – does DAP think this is school? The voters will put DAP in detention and remedial instead. The voters will permanently give demerits to fallen politicians who presume to ‘mull’ anything as if they ‘controlled’ society.

They will vote these abusive ‘mulling’ CITIZENS posing as politicians out of power, who dare presume IMPOSING a demerit point system. Tour operators, Horse ride operators, Beach Boys and Buah Pala residents, Gambier Threat affected citizens, Muslim Traders, KOMTAR Traders etc.. – Penang need only rally 13 MPs, to run for candidacy for Penang to become independent, and ALL so-called demerit systems (even taxes, rent assessments etc.. in entirety) could be REMOVED permanently.

How dare DAP presume to mull anything? DAP will be removed along with all APARTHEID racists and bad law (Vehicular AP, Toll Concession, Forced Military Conscription, GAT/VAT Proposers ) promulgators. You had your 15 mins Mr. 6 term (unlimited term) Chow, pack up and leave Penang to the real citizens who are not PAP style oppresso-Zion-stooges. Mull this – EITHER amend those laws, and stop presuming to ‘mull’, or be voted out of power. Put uneducated morons in a suit (rote learning degree educated types) and they begin to think they are really in charge . . . Meanwhile the 3 items again :

1) Freedom from Apartheid/Fascism
2) Freedom from Religious-Persecution/Religious-Supremacy.
3) Equality for all ethnicities and faiths in all aspects of policy, Law and Constitution.

Vote 3rd Force!

Guan Eng moves to compel EC into holding local govt elections – Written by Lim Guan Eng – Friday, 13 January 2012 14:38

In 1956, George Town became the first local council in the country to have a fully elected council with the president elected from among the councillors. In 1965, local government elections in Malaysia were suspended. The official reasons given was that the country was facing the threat of Confrontation initiated by Indonesia.

The Local Government Act passed in 1976 , provided for only appointed councillors and presidents (Section 10) and was adopted by the Penang State Government. All councillors, including the presidents were appointed by the state government of the day. One of DAP’s key agenda is the restoration of local government elections.

The Penang PR state government has pressed for local government elections to enable councillors and mayors to be directly elected ever since we took power in 2008. Amongst some of the efforts taken by the Penang State Government to restore the third vote(after vote for parliament and state seats) are as follows:-

1.     On  11/8/2009 The Penang State Government moved a resolution in the State Assembly calling on the Federal Government to bring back local government elections. This was passed by the Penang state assembly.

2.     The State Government also engaged a 3 panel lawyer Dato Yeo Yang Poh, Mr Tommy Thomas and Malik Imtiaz and to provide legal opinion to the Penang State Government or our rights and powers to compel local government elections to be held.

3.     The Penang State Government wrote a letter to National Council of  Local Government (NCLG) under Article 95A of the Federal Constitution  NCLG date on 13/7/2009 and requested  bring up the topic of local government elections in this council. However the NCLG, rejected the State’s request.

4.     Based on the advice of the 3 panel lawyers, I wrote to the Election Commission on behalf of Penang State Government on 4/3/2010 requesting the Election Commission to conduct local government elections. Under Article 113 (4) Federal Constitution, it is explicitly state that Federal or State law may authorise the Election Commission to conduct elections other than those referred to in Clause (1).

As Clause 1 refers to parliamentary and state seats, clearly the state government has jurisdiction over whether to hold election for municipal seats since local government is under the State list. The Ninth Schedule of the Federal Constitution of powers within the State List explicitly states that the state government decides over local government elections.

5.     The reply by Election Commission dated 23 March 2010 to the Penang State Government rejecting the Penang State government’s request to restore Local Government Elections is disappointing. The Penang state government has no choice but to institute legal proceedings to compel the Election Commission to comply wth the state government’s directive to conduct local government elections.

As a first step, the Penang State Government has been advised by Tommy Thomas, at a meeting with Tommy Thomas and some EXCO members yesterday, to first negate Section 15 of the Local Government Act 1976. Section 15 states: “Not withstanding anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect.” In other words section 15 nullified all local government elections.

Tommy Thomas has also advised that the State government issue a Gazette notification exempting all the local authorities within Penang from applying Section 15 of the Local Government Act. This would result in section 15 not being applicable in Penang and is the first step towards seeking a court declaration to compel the Election Commission to conduct local government elections.

I will be proposing at the next EXCO meeting next week directing the State Legal Advisor to issue this gazette notification. This is a necessary precursor to take the issue to court to seek a declaration, which will be conducted by Tommy Thomas.

Lim Guan Eng is the Penang Chief Minister and secretary-general of DAP

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Who is DAP fooling?

DAP can APPOINT any councillors that voters can be asked informally to select from a list that is open for any aspiring preferably non-politically aligned candidates to list themselves on, WHILE refusing all Councillors failing to get enough votes on a 66.6% quorum that should be voted over a 6 month or even 1 year period. Hiding behind the BN government’s failure top act is shameless when DAP can do the above.

Also remember to vote only for MPs/candidates who endorse to grant :

1) Freedom from Apartheid/Fascism
2) Freedom from Religious-Persecution/Religious-Supremacy.
3) Equality for all ethnicities and faiths in all aspects of policy, Law and Constitution.

Pakatan has not made any move or sound on the above 3 items . . . and is now pretending to not be able to hold Local Council Elections as well, and has a rather fundo cast to it’s central committees. How is this better than what 3rd Force can offer? Make clear on so many issue, especially section 377B, or UNHCR Article 18 in the context of Apostasy to counter the potential fundo issue. You guys are several decades too old and several shades too dated ti be ‘todays’ government – nepotistic and term limitless to boot . . .

Workshop Operator (Demolished by Power Mad Council) Fails In Bid To Embarrass YB Chief Minister of Penang Guan Eng Thursday, 12 January 2012 06:38

GEORGE TOWN — An operator of a workshop which was allegedly torn down by the Municipal Council of Penang Island failed in his attempt to present a replica of the workshop, a toilet and a bulldozer to Penang Chief Minister Lim Guan Eng on the first anniversary of the alleged incident in Jelutong here.

Mohd Yacoob Mohd Nor, 23, arrived at the lobby of the state government office on the third floor of the Tun Abdul Razak Complex (Komtar) at 2.40 pm, yesterday accompanied by several members of the Penang branch of the Malay right-wing group Perkasa.

Security guards denied them permission to enter the office and they left after waiting for 45 minutes, leaving the items wrapped in red cloth at the counter of the guards.

Mohd Yacoob said he was unhappy with the alleged demolition of his workshop, Mega Xtreme Motor, claiming that he had a licence to operate the facility located on his own land.

“The demolition should not have taken place, and prior notice should have been given,” he told reporters.

He said that following the alleged demolition on Jan 11 last year, he wrote to the council president requesting the reason for its action but said he has yet to receive a reply.

(Bernama)

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DAP has a habit of destroying people’s livelihoods or harrassing people about their property. Though racism and apartheid typify PERKASA, I am on Nor’s side here. It’s his private property and he’s just making a simple living you Gambier Threat, KOMTAR Lockdown, Beachboy harrassing, gas tank confiscating, Condominium staircase trashing political party! Whats wrong with DAP? Mentally ill? Want to control which people are allowed to make a living?

Even if someone was supportive of apartheid and racist (which DAP did not address in any clarity with intent to end so far), a political party cannot invade their property and destroy their livelihood.

Take heart Nor, though most of us equal minded citizens detest you for being associated with PERKASA, we sympathise with what you faced, and this news is already embarrassment in itself. Your bid to embarrass DAP succeeded simply because most people detest such behaviour by political parties, regardless of race, and with the nepotism and limitless term issue, DAP is as bad a guy as PERKASA this day.

A LISTING OF DAP’s Council Abuse Shenanigans (DAP is unviotable! Try 3rd force!)

Illegal structures in a high-end apartment project in Batu Lanchang, Penang, have been removed by the developer.

Chief Minister Lim Guan Eng’s political secretary Ng Wei Aik said an illegally built staircase, which acted as a private entrance to the roof in four of the five penthouse units, had been removed after it was found that it was not in the approved plan by the Penang Municipal Council.

“The door between the staircase and the roof was also removed. The roof terrace has also been demolished.

“Basically they (the developer) are complying with the requirements. The amended building plan has already been submitted and it is pending approval,” he said when contacted on Sunday.

Ng added that he would send an observation report to the council, Jelutong MP Jeff Ooi and State Tourism Development and Culture Committee chairman Danny Law following his visit to the apartment on Friday.

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For every bit of opportunity these DAP guys would act out.

1) Was the staircase a help or hinderance overall?

2) Did the door prevent anyone from accessing the roof?

3) Was the staircase or roof built in an unstable manner that would cause danger?

If the above are all negative in reply, then the creeps should use their discretionary power to APPROVE whatever was built than tear down like the destructive power mad politicians they are.

The Gambier Threat – Mid 2010

Invasive By-Laws Against Sovereignty of Title/Land Owners
http://jeremiahfoo.com/?p=5887&cpage=1#comment-100231

12 people were sacked by DAP by April 2011, and at least another 12 more prior to this, mostly Indian members. If they believe in ending APARTHEID and are willing to sign a contract to support the end of APARTHEID, any independent, even Malay candidates should be voted over power mad and nepotistic DAP.

DID NOT DECLARE ASSETS as promised (however pretend to declare to CM Guan Eng like BN Mps pretend to declare to PM – don’t insult the voters’ intelligence Pakatan . . . )

Failed the EXCO Election Quorum at 0.002% / Failed to Keep Promise of Local Council Elections
http://apanama2020.blogspot.com/2010/11/daps-democracy-in-penang.html

Kampung Buah Pala compensation lies
http://groups.yahoo.com/group/Hindraf/message/5703

Sunset Bistro / Sabre Tours Destruction of 49 stalls – Traders plan to sue Teratai assemblyman for demolishing shop lots …
http://mmail.com.my/content/63597-traders-plan-sue-teratai-assemblyman-demolishing-shop-lots

Ronnie Liu sand mining case

300 million (86 billion) sPICE fallout BUNKER

Various spats involving Malicious Compliance against Indian Muslim Traders Association,
http://thestar.com.my/news/story.asp?file=/2010/8/9/nation/20100809120725&sec=nation

Effectively ‘Robbing’ Gas Tanks from Small stall owners (this was overseen by Ng Aik Wei)
http://thestar.com.my/news/story.asp?file=/2011/1/14/nation/20110114162244&sec=nation

Watersports Facility owners (this is their Island too, who needs a DAP government that will not amend by-laws, kick them out take power and write your own laws Beach Boys . . . ) Quiet beaches due to water sports ban | theSundaily
http://www.thesundaily.my/news/136408

Sponsorship and support (planning???) of Kitten Killer? Fate will extract the appropriate number of pure hearted kittens slain (as opposed to evil hearted humans) – with interest applied.
http://www.freemalaysiatoday.com/2011/03/16/dap-must-apologize-for-defending-kitten-killer/

So many petty minded and nepotistic, self serving law writing abuses. Well simple. Identify those unvotable in DAP and keep voting for those votable or uninvolved in the abuses as highlighted above. About 50% of DAP is unvotable because of limitless terms and nepotism via undemocratic self serving family blocs. Below is a link to a list and considerations that might help. And take note, DO NOT vote plutocrats or racists either.

The structures may not be approved or legal but the discretionary power to benevolently approve something useful is true application of law in spirit rather than in word that DAP has in all above cases refused to use. In this case the manner in which the consideration was applied, amounted to being trigger happy in looking for something to demolish within word and not spirit. DAP fails ! Word of law without spirit of law is simply  abuse of power, display of power madness.