Friday, March 14, 2008

Corruption In Selangor On Eve Of Election?

Latest Updates: One Down More To Go!

Datuk Seri Dr Mohd Khir Toyo stepped down as Selangor Umno and Barisan Nasional chief and will be replaced by Tan Sri Muhammad Muhammad Taib. Dr Khir said he was taking full responsibility for the state BN's dismal performance in the general election. His decision had been conveyed to Umno president Datuk Seri Abdullah Ahmad Badawi and deputy president Datuk Seri Najib Razak -March 19, 2008.

March 18, 2008.
Is Khir Toyo quitting? If it's true...Pak Lah, don't forget to 'reward' him with a broom for poor Selangor BN performance in Election 2008..yes..just like what he has done before to his PBTs!.."Bekas Menteri Besar Selangor, Datuk Dr Mohd Khir Toyo memberikan penyapu kepada PBT sebagai 'hukuman' kerana gagal membaiki prestasi".

a) Mentri Besar Tan Sri Khalid Ibrahim said the agreement, signed on March 7, seemed lopsided and would profit Puncak Niaga more than it would the state government or the people of Selangor. Khalid said he had asked the state legal adviser to write to Puncak Niaga and asked that the papers be declassified so that they could be reviewed.

The agreement was being questioned because it was signed after the state assembly was dissolved and one day before polling. Meanwhile, investors’ concerns about the review of the Sungai Sireh water treatment agreement saw Puncak Niaga’s share price tumbling 24 sen to RM2.80 yesterday, the lowest since December 2006, on the back of falling global markets.

Shares in water concessionaires were among the loss leaders yesterday after new Selangor Mentri Besar Tan Sri Khalid Ibrahim said a controversial water concession agreement was “lopsided”. Puncak Niaga bought back 253,500 of its shares yesterday for RM712mil. It has been buying back since March 13, accumulating up to 953,700 shares to date.

b)The implementation of the New Economic Policy has deviated from its original intentions, Selangor Mentri Besar Tan Sri Khalid Ibrahim said.

He said the policy was intended to help all Malays but, in the 1990s, it started benefiting only certain groups.

“You discriminate within the race as you have to be within the inner circle of Umno to benefit. What is the use of having such a policy?” he said at a press conference at his official residence yesterday

c)The DAP wants Datuk Seri Anwar Ibrahim to be the alternative prime minister and help transform Malaysia into becoming a healthy functioning democratic country.

Its secretary-general Lim Guan Eng said the party chose Anwar because it believed that he was the most suitable person to complete the transformation.

Speaking at the one-day DAP national leadership convention, Lim urged party leaders and members not to rest on their laurels but must starting working as from now.

"Please remember that the national mission to transform Malaysia into a healthy functioning democracy is not yet won,” he said. "Only when there is political equality, equal economic opportunity, social justice, freedom from fear and corruption can this mission succeed. To do that, all members and leaders have to redouble their efforts to be a "friend" of the people to complete the national transformation of Malaysia.”

Unholy UMNO leaders in Selangor!

Pas Admit Umno Selangor Using Racial Issue (May 13) to pursuade PAS to desert from their coalition with PKR and DAP.

Selangor Pas commissioner Datuk Dr Mohd Hassan Mohd Ali attended a meeting with Datuk Seri Dr Khir Toyo to pre-empt any attempt by Umno to used foul means to nullify the election.

The secret meetings were held immediately after the BN Selangor government fell to the opposition but Pas insisted that they never had any intention of deserting the coalition. Pas received the first invitation last Sunday.

Fears of another May 13 were circulating and discussions were kept going as a ploy, to prevent it from becoming a reality,” Khalid who is Selangor PAS Deputy Commissioner told a press conference today at the Pas Shah Alam branch.

Pas, he insisted, was always committed to the election pact with DAP and PKR. “There was never our intention and we have remained committed to our coalition partners,” he said.

Tiada Tindakan Polis DiPerhimpunan Haram Pembangkang Kerajaan Negeri Pulau Pinang

Semalam, dilaporkan 3,000 anggota pelbagai pertubuhan bukan kerajaan (NGO) Melayu dan penyokong UMNO menyertai satu perhimpunan haram pada pukul 2.30 petang itu bermula di pekarangan Masjid Simpang Enam berhampiran Kompleks Tun Abdul Razak (Komtar) sekalipun sebelumnya Ketua Polis Negara Tan Sri Musa Hassan telah mengarahkan kononnya tiada siapa dibenarkan menyertai perhimpunan tersebut. Bila mereka ini nak sedar?

Pas has appealed to Penang Umno representatives to voice their grievances at the State Legislative Assembly instead of taking it to the streets.

The impression one gets after the protest by Umno leaders at Komtar on Friday is that they are bad losers.

Main Story :- The Kerajaan Bersih dan Cekap - BN style!

A contract was signed between the Selangor State government and Puncak Niaga Holdings Bhd on the eve of polling (on March 7, 2008) when KDEB has been mandated by Federal in January 2008 to consolidate all water supply within Selangor, Putrajaya and Kuala Lumpur.

Pak Lah...please take immediate action..The State Investment arm KDEB will be a victim...Is this what you call a BERSIH (Clean Government) or 'Pembersihan' Danar Kerajaan Negeri?

March 11, 2008.

PANDAMARAN State assemblyman Ronnie Liu Tian Khiew lodged a police report in Shah Alam after learning that a contract was signed between the Selangor State government and Puncak Niaga Holdings Bhd on the eve of polling (on March 7, 2008).

"As Parliament was dissolved Datuk Seri Dr Mohamad Khir Toyo had no right to sign any contract with any corporation. It is a serious offence on his part as the Menteri Besar of Selangor," Liu said in his report.

"The contract to manage the Sungai Sireh water treatment plant was signed on the eve of polling day but under the law, when the Parliament is dissolved any position in the government is automatically revoked and they have no right to approve a contract on behalf of the Selangor government.”

Selangor police chief Datuk Khalid Abu Bakar said the report was forwarded to the Anti-Corruption Agency for investigation.

What's the issue?
Kumpulan Darul Ehsan Berhad, the investment arm of Selangor, received a mandate from the Government in January 2008 to play the lead role for the integration of water supply within Selangor, Putrajaya and Kuala Lumpur.

Datuk Abd Karim Munisar's CEO of KDEB said, it would be a win-win situation, as the producers (Puncak Niaga and others) would be given opportunities to either cash out or consider equity participation. “It boils down to pricing,” he said.

Now, with the water agreement signed (in a rush a day before election), KDEB would have to pay a much higher price (drain-up state coffer) to Puncak Niaga or Puncak Niaga will gain a higher equity in KDEB in the consolidation process (as it now will be able to capitalised on the value and potential earnings of Sungai Sireh project).On top of that, how come a state government ignore a federal decision/mandate?

22 Jan 2008- Syarikat milik kerajaan Selangor, Kumpulan Darul Ehsan Bhd (KDEB) akan diberikan kontrak untuk membina loji rawatan air Langat II, selain daripada operasi dan penyelenggaraan, kata Menteri Tenaga, Air dan Komunikasi Datuk Seri Dr Lim Keng Yaik.

Loji rawatan itu, yang akan memproses air yang akan dipindahkan dari Pahang ke Selangor, akan dimiliki oleh Pengurusan Aset Air Bhd (PAAB), katanya.

Beliau berkata KDEB juga telah diminta untuk menguruskan pemindahan rawatan air pecahan sedia ada dan sektor bekalan di Selangor sebelum ke industri perkhidmatan air yang holistik.

Terpulang kepada KDEB untuk mengambilalih rawatan dan penghantaran air di Selangor , Dr Lim berkata.

Syarikat baru itu akan diberikan lesen kekal untuk menjalankan perkhidmatan air dan bukan secara konsesi, katanya.

Pembekal air di Selangor ialah Konsortium ABASS Sdn Bhb (Abass), Syarikat Pengeluar Air Selangor Sdn Bhd (Splash) dan Puncak Niaga Holdings Bhd manakala pengagihan oleh Syarikat Bekalan Air Selangor Sdn Bhd (Syabas).

Menurut Dr Lim, KDEB berada dalam kedudukan terbaik untuk pengurusan industri air di Selangor setelah ia memiliki 55 peratus kepentingan dalam Abass, 30 peratus dalam Splash dan 30 peratus dalam Syabas.

February 18, 2008

KDEB, which received the letter of award from the Government earlier this month, has been appointed the main contractor as well as awarded the operation and maintenance contract for the Langat 2 water treatment plant.

In addition, KDEB would play the lead role for the integration of water supply within Selangor, Putrajaya and Kuala Lumpur.

While the details of the consolidation plan remain sketchy, it is very likely that KDEB would assign the lead role to KPS to form the consortium that would eventually hold the licence to manage water supply in Selangor.

The task now is to discuss with the rest of the water players in the state on their participation. They can choose to cash out or take stakes in the consortium.

Datuk Abd Karim Munisar's helms the investment arm of Selangor state, Kumpulan Darul Ehsan Bhd (KDEB), a position he has held since 2004 and is a very firm person.

Kumpulan Darul Ehsan Berhad

KDEB's utility operations are parked under listed entity Kumpulan Perangsang Selangor Bhd (KPS), which owns 55% of Konsortium Abass Sdn Bhd, 30% of Syarikat Pengeluar Air Sungai Selangor Sdn Bhd (Splash), 20% of Taliworks Corp Bhd, 60% of Hydrovest Sdn Bhd and 10% of JAKS Resources Bhd.

KDEB also owns 30% of Syarikat Bekalan Air Selangor Sdn Bhd (Syabas), which is the water distributor for Selangor.

“We'll be talking to all the water producers in Selangor soon. It depends on the consultant to finalise the costing before we can look at the mechanism,” Karim said, adding that the consultant was appointed by Pengurusan Aset Air Bhd.

Karim said it would be a win-win situation, as the producers would be given opportunities to either cash out or consider equity participation. “It boils down to pricing,” he said.

"Saya Yang Menurut Perintah - Dari Siapa dan Kepada Siapa? !" 'Siapa perintah siapa'- when it's a caretaker government?

March 13, 2008

PUNCAK Niaga Holdings Berhad had signed a deal a day before polling day (on March 7, 2008) to operate and maintain the Sungai Sireh water treatment plant

Puncak Niaga senior official said the deal was announced via Bursa Malaysia on Tuesday (the same day Dr Mohamad Khir denied any knowledge of the State government signing any contract related to the utility giant).

The Puncak Niaga official was also quoted as saying that anyone authorised by the State government could sign the contract but did not deny the fact that Dr Mohamad Khir should have been informed about the contract or at least been aware of it, even if he was not the signatory.

According to the Bursa Malaysia announcement, a contract was signed with the Selangor State government for Puncak Niaga to operate, manage and maintain the raw water intake and the treatment plant on a 2.7ha site beside a canal near Sungai Sireh in Tanjung Karang.

This confirmation was in stark contrast to a denial by former Selangor Menteri Besar, Datuk Seri Dr Mohamad Khir Toyo, that he had any knowledge of a deal signed with the utility giant as first reported by Reuters.

When contacted by The Malay Mail yesterday to clarify matters, Selangor State Secretary Datuk Ramli Mahmud said he was not aware of the issue.

“I honestly do not know any thing about this. I need to check the facts before issuing any statement.”

March 14, 2008

A DAY after claiming that he was not aware of the issue, Datuk Ramli Mahmud yesterday admitted that he was the one who signed the deal with Puncak Niaga Holdings Bhd to operate and maintain the Sungai Sireh water treatment plant a day before polling day.

"I signed it (on behalf of the State government), not (Datuk Seri) Dr Mohamad Khir (Toyo).I was the one who signed the papers, witnessed by my deputy," the Selangor state secretary.He also clarified that the former Selangor Menteri Besar had no knowledge of the deal.

"The deal was approved by the State Executive Council following an advisory from the Water, Energy and Communications Ministry," Ramli said.

Asked if such a deal could be signed under a caretaker government, Ramli said: "Kenapa tak boleh pulak? (Why couldn't it be done?). It's just a matter of agreement," he said.

Ramli said he did not think the agreement would be reviewed just because it was signed a day before the polling day. "Everything was properly done, there is no problem pertaining to the issue. We can put the documents on the table and you can have a look," he said.

Is Ramli telling the truth? Facts:-In January 2008, the Federal Government through The Water, Energy and Communication Ministry appointed/mandated KDEB to consolidate all water supply services in Selangor and KDEB to play the lead role for the integration of water supply within Selangor, Putrajaya and Kuala Lumpur.

Comments by Tan Sri Abdul Khalid, New Selangor MB

NEWLY sworn in Menteri Besar of Selangor, Tan Sri Abdul Khalid, said he
did not feel that destroying documents, as alleged by certain parties,
would hide anything.

On the Water Agreement issue,Tan Sri Abdul Khalid said, "Please give me one week to look through it. As a professional, I need to be clear on what is happening before saying anything.”

What is really a caretaker government?

When Parliament has been dissolved, the country is run by a caretaker government. Of course, we understand what ‘caretaker’ means. The most common connotation that comes to mind when we talk of a ‘caretaker government’ is ‘a government which takes care of things/matters temporarily’.

So in between the period of the dissolution of Parliament until election day, we are under the care of a temporary administration.

The caretaker government's role is to keep the government machinery running, and should not involve making policy changes or formulating new legislation.

When parliament dissolved on February 13, all members of the Dewan Rakyat would have ceased to receive their allowance as from that day onwards. This is a basic principle of the parliamentary system.

In this connection, it has to be pointed out that with the dissolution of parliament, the status and function of the government also changes accordingly. The government becomes a caretaker government with caretaker functions.

a more precise meaning of 'caretaker' ...

A caretaker government in a parliamentary democracy merely performs the rudimentary duties of the state. Apart from maintaining law and order, it ensures that government machinery continues to function so that the day-to-day task of administration can be carried out.

According to Universiti Teknologi Mara’s Law Professor Dr Shad Saleem Faruqi, the country’s constitution is silent on the appointment of a caretaker government or whether the government of the day must resign after calling for elections or the Yang di-Pertuan Agong must appoint a caretaker government for the interim period.

“The constitution does not spell out the role of the caretaker government, how it functions its duty, whether it is simply to perform the basic essential functions or possesses the normal powers of a government.

By convention the caretaker government should not make any politically controversial decisions such as making appointments or dismissals in key posts, make important policy decisions, implement new laws or commit the incoming government into any expenditure, Dr Shad said.

During the interim period which includes election campaigning, members of the caretaker government must not use their position, government machinery or funds for partisan or political advantage.

The King had the power to appoint a new government during the interim period, and if the prime minister abused his power, the King may decline to listen to his advice.

“But this is usually in extreme circumstances and the King will usually let the prime minister rule the country just as during his term,” he said.

The courts, he said, could not do much to stop the caretaker government from making important policy decisions.

“This is because there is no law that permits the government and no law that forbids it either,” he said.

Similarly, Dr Abdul Aziz Bari of the International Islamic University Malaysia agreed that the constitution does not mention the word ‘caretaker government’ in any of its provisions. However, anyone who understands the nature of the cabinet as ‘responsible government’ would straight away recognise the existence of such an entity within the system.

It has to be admitted that the legitimacy and basis of a caretaker government can only be appreciated through a comprehensive understanding of government in a Westminster system, something that was incorporated into the constitution by the Reid Commission way back in 1957.

One also needs to see the constitution as a democratic instrument. It is certainly illogical and indeed monstrous to suggest that a caretaker government could initiate new policies or drastic measures such as proclaiming a state of emergency.

Also implicit in the concept is the prohibition of the use of government facilities for political advantage during an election. In simple terms, one could say that as the government has ceased to exist, ministers no longer hold any portfolios and thus are not in a position to use their official car, staff and other state resources.

One must admit that in order to allow our democratic institutions and traditions to develop and grow, those entrusted with public power and duties must ensure that they follow not only the letter but also the spirit of the Constitution, added Dr Abdul Aziz.

It is true that the constitution does not mention the word ‘caretaker government’ in any of its provisions. However, anyone who understands the nature of the cabinet as ‘responsible government’ would straight away recognise the existence of such an entity within the system.

The Next BIG Corrupt Practise To Be Exposed .....

PKFZ land sale under scrutiny
Facts are now emerging that the parcel of land sold to the Port Klang Authority (PKA) for the Port Klang Free Zone (PKFZ) for a hefty RM1.09 billion was originally bought for a much lower price.The land - sold by Kuala Dimensi Sdn Bhd (KDSB) to PKA in November 2002 - was purchased from a local cooperative at only eight percent of the selling price.

Pulau Lumut Development Cooperative Bhd (PLDCB) had sold half of the 405-hectare land on Pulau Indah to KDSB in the early 1990s for RM30 million, while the remaining half was sold after the 1997 financial crisis at RM65 million.

Revealing this information today, PLDCB secretary Ruslan Akhyar said the 1,400-member cooperative established in 1989 received the land from the Selangor government only “a few years” before it was approached by KDSB with the offer to buy the land.

This means the price of the land - originally farm land and mangrove swamps - went from RM1.37 per square foot (psf) when the first half was sold to RM2.98 psf when the remaining 202.5 hectares were bought over by KDSB.

KDSB would have received the windfall when PKA agreed in 2002 to buy the whole lot to PKA at RM25 psf.

Both Ruslan, who is also Rantau Panjang village chief, and Pulau Indah village chief Mohd Halil Selamat - who confirmed the figures - denied any knowledge pertaining to the transactions conducted subsequent to PLDCB’s disposal of the land.

‘This is business’.They also declined to comment on the tremendous difference between the prices at which the land was bought and sold by KDSB.