Bernama quoting the Minister for Information and PKR Communications Director Fahmi Fadzil has confirmed that Anwar Ibrahim's MOU is in fact designed to fetter MPs -MOU clearly in breach of Malaysia's laws, including Anti-Hopping laws

 by Ganesh Sahathevan 

Bernama quoting the Minister for Information and PKR Communications Director Fahmi Fadzil has confirmed that Anwar Ibrahim's MOU is in fact designed to fetter MPs. 

The NST reporting in English says:

The possibility of another political manoeuvre similar to the Sheraton Move in February 2020 will be "low" following the signing of the memorandum of understanding (MoU) on the unity government.

PKR information chief Fahmi Fadzil said the MoU must be read together with the Anti-Hopping Law.

The communications and digital minister said there were several clauses in the MoU that prohibited members of parliament (MPs) from changing political parties.

"There will be no more repetition (of such move) as there are two things that we have worked on — one is the agreement that is signed today and another is the Anti-Hopping Law that prohibits MPs from changing parties.

As reported , the MOU  seems likely to offend the decision in the matter  of Sabah state assemblyman Hassan Gani Pengiran Amir where  Mr Justice  Wong Siong Tung held: 

“An elected member of legislature should be free to act according to the best of his or her ability and his independent judgement should not be legally constrained by obligations to either his party or to the electorate or subject to the dictates of anybody.   

“Any arrangement that fetters or deprives such freedom of elected members of the legislature will be contrary to public policy and unlawful."  

It does appear as if Anwar, aware of the problem, has resorted to a MOU rather than contract or deed so that he can say, if challenged about the legality of this manoeuvre, that no one can be legally constrained by a MOU.

TO BE READ WITH

Friday, December 16, 2022

Anwar Ibrahim's MOU binding MPs unlawful, nothing in anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10

 by Ganesh Sahathevan 

FMT has reported:

Every party in the unity government must ensure that their MPs support Prime Minister Anwar Ibrahim and his administration in any confidence motions or bills in the Dewan Rakyat.

This is one of the conditions set under the memorandum of understanding signed by all the party leaders involved.

In addition, any MP who fails to toe the line as set by his or her party and, instead, votes against the prime minister or the government will be deemed to have resigned as an MP.

It added that the MP’s seat is then essentially vacated, citing Article 49A(1) of the Federal Constitution.

“The party concerned must then issue a notice to the Dewan Rakyat Speaker on the vacant seat, according to Article 49A(1), to notify the Election Commission (EC) on the need to hold a by-election.

However, contrary to what Anwar Ibrahim might decree, there is nothing in the anti-hopping laws that binds MPs to directives from their parties' leaders (see explanation below). Additionally the MOU  seems likely to offend the decision in the matter  of Sabah state assemblyman Hassan Gani Pengiran Amir where  Mr Justice  Wong Siong Tung held: 

“An elected member of legislature should be free to act according to the best of his or her ability and his independent judgement should not be legally constrained by obligations to either his party or to the electorate or subject to the dictates of anybody.   “Any arrangement that fetters or deprives such freedom of elected members of the legislature will be contrary to public policy and unlawful."  

In any case, it is only a MOU, not a deed, not a contract.

TO BE READ WITH 

Monday, November 21, 2022

Nothing in the anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10

 by Ganesh Sahathevan 

The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, can make any decision he wishes, but it is really the MPs who decide 

Much has been said about the The Constitution (Amendment) Act (No.3) 2022, or the Anti-hopping law, but all commentators seemed to have missed the point that Members Of Parliament must at the end of the day act in the interest of their electorate, even if that is against the interests of their parties, or their parties leaders.

While some commentators have referred to "loopholes" that allow sacked MPs to "hop", their analysis confuses loyalty and obedience to party rules with their duties as elected representative. There is nothing in the The Constitution (Amendment) Act (No.3) 2022 which requires that MPs obey edicts of the party of the party leadership. 

Some reports have suggested that the Agong has demanded representations from parties rather than individual MPs. While that may be within his powers, written and unwritten, it cannot, as a matter of practicality, be an obstacle to MPs expressing an opinion as to who they wish to lead them. 

END 

See Also

The Agong can appoint Anwar PM 10 but the majority of members can still vote to reject the Motion of Thanks to the Agong, and remove Anwar as PM.

Anwar Ibrahim's MOU binding MPs unlawful, nothing in anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10

 by Ganesh Sahathevan 

FMT has reported:

Every party in the unity government must ensure that their MPs support Prime Minister Anwar Ibrahim and his administration in any confidence motions or bills in the Dewan Rakyat.

This is one of the conditions set under the memorandum of understanding signed by all the party leaders involved.

In addition, any MP who fails to toe the line as set by his or her party and, instead, votes against the prime minister or the government will be deemed to have resigned as an MP.

It added that the MP’s seat is then essentially vacated, citing Article 49A(1) of the Federal Constitution.

“The party concerned must then issue a notice to the Dewan Rakyat Speaker on the vacant seat, according to Article 49A(1), to notify the Election Commission (EC) on the need to hold a by-election.

However, contrary to what Anwar Ibrahim might decree, there is nothing in the anti-hopping laws that binds MPs to directives from their parties' leaders (see explanation below). Additionally the MOU  seems likely to offend the decision in the matter  of Sabah state assemblyman Hassan Gani Pengiran Amir where  Mr Justice  Wong Siong Tung held: 

“An elected member of legislature should be free to act according to the best of his or her ability and his independent judgement should not be legally constrained by obligations to either his party or to the electorate or subject to the dictates of anybody.   “Any arrangement that fetters or deprives such freedom of elected members of the legislature will be contrary to public policy and unlawful."  

In any case, it is only a MOU, not a deed, not a contract.

TO BE READ WITH 

Monday, November 21, 2022

Nothing in the anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10

 by Ganesh Sahathevan 

The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, can make any decision he wishes, but it is really the MPs who decide 

Much has been said about the The Constitution (Amendment) Act (No.3) 2022, or the Anti-hopping law, but all commentators seemed to have missed the point that Members Of Parliament must at the end of the day act in the interest of their electorate, even if that is against the interests of their parties, or their parties leaders.

While some commentators have referred to "loopholes" that allow sacked MPs to "hop", their analysis confuses loyalty and obedience to party rules with their duties as elected representative. There is nothing in the The Constitution (Amendment) Act (No.3) 2022 which requires that MPs obey edicts of the party of the party leadership. 

Some reports have suggested that the Agong has demanded representations from parties rather than individual MPs. While that may be within his powers, written and unwritten, it cannot, as a matter of practicality, be an obstacle to MPs expressing an opinion as to who they wish to lead them. 

END 

See Also

The Agong can appoint Anwar PM 10 but the majority of members can still vote to reject the Motion of Thanks to the Agong, and remove Anwar as PM.

In Sept 2022 Anwar Ibrahim promised a forensic audit of Maika if he became PM -he can start immediately, and trace funds into Oriental Assurance Capital and Tune Group

 by Ganesh Sahathevan 

In September 2022   Pakatan Harapan chairperson Anwar Ibrahim  promised that if his  coalition were to return to power in the next general election, they would conduct a forensic audit of  Maika Holdings Bhd's books.

That task can be commenced immediately, given the work done by others which is already in the public domain.

To Be Read With 

Wednesday, December 14, 2022

Malaysia's Indians, the poorest in the country, could regain billions if PM Anwar exercises his powers to claw back proceeds from the Tune Pro IPO, sale of Maika and Oriental Assurance Capital, that is rightfully theirs

 by Ganesh Sahathevan

As reported previously,  PM Anwar can help poor Indians by clawing back proceeds from the Tune Pro IPO,sale of Maika and Oriental Assurance Capital. 

The amounts involved are not small. As previously reported, the sums involved could be in the billions:

Thursday, March 21, 2019

Maika and the Oriental Assurance Capital sale-Maika shareholders can recover hundreds of millions, perhaps billions from the trustees, Tune Group

by Ganesh Sahathevan


The way forward: Ruben Gnanalingam (L) and Tony Fernandes, pic courtsey of 
BackPageImages.tsEmir Gnanalingam operates his father Tan Sir G.Gnanalingam's

varied business interests. The OAC Capital acquisition and the Tune Insurance IPO
was one of a number of deals in which the Gnanalingam and Tony Fernandes interests
collaborated. The QPR Football Team was another.

Fernandes and wife. The OCA shares, the proceeds from the saleof the shares, and the gains from the profits from the IPO wentinto a number of privately held companies. Maika shareholders would have to seek recovery from all these privately held entities.

Maika shareholders in search of what is rightfully theirs ,the Oriental Assurance Capital  (OAC) company, have a number of targets that they can pursue for the recovery of that asset.

The asset lost and which they can recover is not merely the cash consideration for the OAC shares, it would  now include their fair share of the listed entity , Tune Protect Group Bhd which was formed out of OAC,as well as any IPO profits.
The entities that they can pursue include those controlled by the trustees, including family companies, and the relevant private entities controlled by Tony Fernandes. Trusts for the benefit of these individuals'  families may also be targets for asset recovery.






Tony Fernandes and wife.Family interests including trusts could also be targeted for asset recovery.







END

See also

Maika and the Oriental Assurance Capital sale: Trustees led by Gnanalingam have no right to the proceeds ; RM 145 Million sent to Gnanalingam's Pembinaan Redzai should be clawed back;together with Tune Insurance IPO profits

Malaysian Government directive terminating the services of all political appointees at all GLCs may mean Petronas is now left without a board of directors

 by Ganesh Sahathevan 

The Malay Mail and others have reported:

 Prime Minister Datuk Seri Anwar Ibrahim's government has sacked all chairmen and board members of government-linked companies, statutory bodies and and state-investment fund appointed politically with immediate effect,


The directive has serious implications for the national oil company, where board appointments are invariably by order of the Prime Minister, who has sole ministerial oversight of the company, and all its subsidiaries. 

The directive must means the removal of all Petronas directors, leaving the company without a board of directors.. The same is likely to be the case for all Petronas subsidiaries. 

The current board of directors is led led by chairman Bakie Salleh.



Board of Directors


Tan Sri Dato’ Seri Mohd Bakke Salleh                                                                                                           Chairman

Non-Independent
Non-Executive Director/
Chairman


YM Datuk Tengku Muhammad Taufik Tengku Kamadjaja AzizPresident &
Group Chief Executive Officer

Executive Director


Ainul Azhar Ainul JamalChairman of Audit Committee

Member of Nomination &
Remuneration Committee

Independent Non-Executive Director


Dato’ Razali Mohd YusofChairman of Nomination &
Remuneration Committee

Member of Risk Committee

Independent Non-Executive Director


Thayaparan S. SangarapillaiChairman of Risk Committee

Member of Audit Committee

Independent Non-Executive Director


Datuk K Y MustafaNon-Independent
Non-Executive Director


YB Dato Haji Ibrahim Haji BakiMember of Risk Committee

Non-Independent
Non-Executive Director


Datuk Seri Asri Hamidin @ HamidonNon-Independent
Non-Executive Director


Tan Sri Zaharah IbrahimMember of Audit Committee

Member of Nomination &
Remuneration Committee

Independent
Non-Executive Director


Liza MustaphaExecutive Vice President &
Group Chief Financial Officer

Executive Director


Datuk Johan Mahmood MericanAlternate Director to Datuk Seri Asri Hamidin @ Hamido

END 

Agreement in support of Anwar may be deemed unlawful given High Court decision in Hassan Gani Pengiran Amir’s case - PM Anwar, party leaders cannot ignore decision that may bind even the Agong

 by Ganesh Sahathevan 

The Malay Mail and others have reported:

Deputy Prime Minister II Datuk Seri Fadillah Yusof today confirmed that political parties that support the administration of Prime Minister Datuk Seri Anwar Ibrahim will sign an agreement on their cooperation with the unity government tomorrow.

Fadillah said it will precede the motion of confidence that will be presented in Parliament this Monday.....

The agreement seems likely to offend the decision in the matter  of Sabah state assemblyman Hassan Gani Pengiran Amir where  Mr Justice  Wong Siong Tung held: 

“An elected member of legislature should be free to act according to the best of his or her ability and his independent judgement should not be legally constrained by obligations to either his party or to the electorate or subject to the dictates of anybody."

“Any arrangement that fetters or deprives such freedom of elected members of the legislature will be contrary to public policy and unlawful."

TO BE READ WITH 

Tuesday, November 22, 2022

Agong may be bound by the High Court decision in Hassan Gani Pengiran Amir’s case - Agong cannot compel MPs to toe party line, and must as he has done before interview MPs individually

by Ganesh Sahathevan   

 

In the matter  of Sabah state assemblyman Hassan Gani Pengiran Amir Mr Justice  Wong Siong Tung held: 

“An elected member of legislature should be free to act according to the best of his or her ability and his independent judgement should not be legally constrained by obligations to either his party or to the electorate or subject to the dictates of anybody."

“Any arrangement that fetters or deprives such freedom of elected members of the legislature will be contrary to public policy and unlawful."

“Any cause of action based on such an arrangement to deprive such freedom cannot be sustained in law. The appropriate penalty against the elected member of legislature for broken political promises is for the voters or electors to consider voting differently at the next opportunity.”

Hassan was elected a Sabah state assemblyman under the Warisan banner, but then left the party. Warisan  sort to have his seat declared vacant, but the High Court rejected the application with costs.

The  Agong may therefore  be bound by the decision of Judge Wong Siong Tung in Hassan's case and may be constrained from compelling MPs to toe the party line (see story below).

His Majesty does seem to be  in a position where interviewing  MPs individually (rather than their leaders ) is the only option he has to try and determine who among them commands the confidence of the majority of members.

TO BE READ WITH 

Nothing in the anti-hopping laws to bind MPs to directives from their parties' leaders - Malaysia's anti-hopping laws do not prevent MPs from choosing whoever they wish as PM10

 by Ganesh Sahathevan 

The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, can make any decision he wishes, but it is really the MPs who decide 

Much has been said about the The Constitution (Amendment) Act (No.3) 2022, or the Anti-hopping law, but all commentators seemed to have missed the point that Members Of Parliament must at the end of the day act in the interest of their electorate, even if that is against the interests of their parties, or their parties leaders.

While some commentators have referred to "loopholes" that allow sacked MPs to "hop", their analysis confuses loyalty and obedience to party rules with their duties as elected representative. There is nothing in the The Constitution (Amendment) Act (No.3) 2022 which requires that MPs obey edicts of the party of the party leadership. 

Some reports have suggested that the Agong has demanded representations from parties rather than individual MPs. While that may be within his powers, written and unwritten, it cannot, as a matter of practicality, be an obstacle to MPs expressing an opinion as to who they wish to lead them. 

END