Najib's appeal to the UNHCR is a first step towards a Guatemalan type International Commission that can investigate corruption at all levels in Malaysia (even if Najib does not intend it)

 by Ganesh Sahathevan 

                                               

                                                                                    Najib: SRC money was for orphans, Umno

FMT has reported:

 Incarcerated former prime minister Najib Razak has submitted a petition to the United Nations Human Rights Council Working Group on Arbitrary Detention (UNWGAD) seeking a release from prison or retrial of his SRC International case.

At a press conference, Najib’s lawyer, Shafee Abdullah, maintained that the former Pekan MP’s appeal in the Federal Court had “serious defects” and went against the “rules of international justice”

This writer has previously said that to recover and preserve all that was stolen from 1MDB Malaysia needs a Guatemalan style International Commission Against Impunity (see story below.


Najib's appeal to the UNHCR is a first step toward such a Commission, that can investigate corruption at all levels in Malaysia , even if Najib did not intend it. A submission to the United Nations Human Rights Council Working Group on Arbitrary Detention will necessarily involve a review of all the transactions involved in the SRC case. These include payments to a number of UMNO members, as well as members of other political parties. 

It will also involve a review of former Attorney General Apanadi Ali's refusal to pursue any investigation into Najib's role in the 1MDB theft. 


Prime Minister Anwar Ibrahim should regard the above a godsend and immediately enlist the assistance of the United Nations in establishing a formal Malaysian Commission Into Corruption. 

END 

 

Monday, May 23, 2022

To recover and preserve all that was stolen from 1MDB Malaysia needs a Guatemalan style International Commission Against Impunity - International Commission requires cooperation with the UN, and might well be Anwar Ibrahim's opportunity to lead the way

 by Ganesh Sahathevan 

                                                     Anwar Ibrahim can do better than debate Najib Razak who has been convicted of crimes related to the 1MDB theft

                                                        

The International Commission Against Impunity in Guatemala (CICIG) was created in December 2006 through an agreement signed between the government and the UN, with the mandate of identifying and disarticulating illegal organizations and clandestine security apparatuses (CIACS). 

Over a period of 12 years since its establishment in 2007, CICIG has achieved numerous victories in prosecuting corrupt politicians, businessmen, judges, and law enforcement officers, as well as in reforming legal and judicial institutions in Guatemala. CICIG represents an experimental approach to the fight against impunity and corruption in weak and failed states, with the aid of international anti-corruption and law enforcement experts¹

In 2016 the US Department Of Justice (DOJ) announced that it had exercised its powers pursuant to its Kleptocracy Asset Recovery Initiative to seize assets acquired with funds misappropriated from Malaysia's 1Malaysia Development Fund (1MDB). The DOJ has declared that the seizures have been the largest ever recovered under that initiative 

Since the seizures Malaysia has seen three prime ministers come and go. Seized assets have been returned to the country but it is now thought likely that the politicians involved in the theft are likely to return to power. Meanwhile, much more remains to be recovered.

A  Guatemalan style  International Commission Against Impunity seems the likely solution but of course it would have to be a Malaysian Government initiative. The politically fractured nature of the country is not conducive to such an initiative, but however a concerted effort led by the Leader of the Opposition, Anwar Ibrahim, might just gain sufficient support from  members of the current  Malaysian Parliament. 

Anwar has promoted himself on the world stage as both an internationalist and a champion against corruption. This might well be his moment.

END 

Article 6(7) of the Sabah Constitution provides only for a majority, not a plurality, or relative majority - The ordinary meaning of majority cannot be plurality or relative majority

 by Ganesh Sahathevan 

There has been some noise recently about validity of the appointment of Datuk Seri Hajiji Noor as Chief Minister Sabah (photo above). An argument that is causing some confusion is premised on Article 6(7) of the Sabah State Constitution which provides:

“For the purpose of clause (3) of this Article, where a political party has won a majority of the elected seats of the Legislative Assembly in a general election, the leader of such political party, who is a member of the Legislative Assembly shall be the member of the Legislative Assembly who is likely to command the confidence of the majority of the members of the Assembly.”

Proponents of the Article 6(7) argue that while no party won the majority of seats, Hajiji's party did not win  the largest  number of seats and hence he ought not have been invited to form government.The argument then is that the leader of the party that has won the largest number of seats ought to have been invited to form government. Proponents of this argument go so far as to say that the ordinary meaning of "majority" is "relative majority". This position is absurd, when one comprehends that "relative majority" conveys a wholly different concept, that of plurality. 

The word "plurality" is not found in Article 6(7), or any other part of  of the Sabah State Constitution.

Article  6(7) requires that the Government make an assessment as to  "who is likely to command the confidence of the majority of the members of the Assembly".Whether of not that that would be the leader of the party that has won the largest number of seats is a matter of fact that may or may not be a factor that the Governor needs to consider when making his assessment. In simple terms, it all depends on the particular circumstances of each case.

END 

Reference with pictures

What is the meaning of majority?
Majority means the biggest part of something, or you can say a number that is greater than half of a total number. If you say, " I get majority of share". It means you get 51 out of 100. Majority must be more than 50 percent.
Majority is that group or party that is the greater part of a large group.
In India, Hindu is in majority.
Majority is the state of the age of legally being an adult. Eighteen is the age of majority in most of the countries.
Majority in sentence:

1. The majority of people like Youtube.
2. Modi was elected with the majority of votes.
3. The age of majority in India is 18 years.

What is the meaning of plurality?
Plurality means simply a large number, or a usually large number of things.
Plurality in sentence:

1. He won the election by receiving a plurality of the vote.
2. Manmohan Singh was elected with a plurality, not a majority.

What is the difference between Majority and Plurality?
In many articles you have seen the use of word "majority" where the word "plurality" should be; this happens with many writers as they don't know the difference between "majority" and "plurality". 
                        As we have seen the meaning, majority means more than half, while plurality means highest number within a greater number.
                       We try to get the meaning with an example, if 100 members of a club vote in an election which has four candidates, one of them must receive at least 51 votes to have a majority. If none of the candidates receives 51 votes, none has a majority. In such a situation, the candidate receiving the highest number of votes is said to have a plurality. Thus if A receives 46 votes, B receives 42, and C receives 12, A has received the plurality. - According to Thomas Elliott Berry.

According to Oxford, plurality is the number of votes given to one person, political party, etc. when this number is less than 50% but more than any other single person, etc. receives. 

According to Merriam-Webster's Advanced Learner's Dictionary, plurality is a number of votes that is more than the number of votes for any other candidate or party but that is not more than half of the total number of votes.

Questions on the Web:

What does plurality vote mean?
Plurality vote means a candidate gets more votes than any other, but does not get a majority.

How many votes are needed for a plurality?
Let us assume that three candidates A, B, C receive different numbers of votes. A receives 46 votes, B receives 42, and C receives 12, A has received the plurality.

Is a plurality of votes always the same as a majority of votes?
No, a plurality of votes means the highest number of votes, but less than 50%. If the number of votes more than 50%, it becomes majority of votes.

What is plurality winner?
Plurality winner gains highest number of votes, but less than 50% of votes. For example, if A receives 46 votes, B receives 42, and C receives 12, A has received the plurality, and A is the plurality winner.

Is a majority more than half?
Yes, a majority is more than half. It must be at least 51% of something.

Vincent Tan Chee Yioun appoints Prime Minister Anwar Ibrahim loyalist Farhash Wafa Salvador chairman 7-11, other board positions; Salvador accused of physically attacking Muhammed Yusoff Rawther, who has accused Anwar of sexual assault

 by Ganesh Sahathevan 

        PKR president Datuk Seri Anwar Ibrahim’s political secretary Farhash Wafa Salvador Rizal Mubarak has filed suit against Muhammed Yusoff Rawther for                    defamation. The Star, January 2020

In January 2020 The Star reported:

PKR president Datuk Seri Anwar Ibrahim’s political secretary Farhash Wafa Salvador Rizal Mubarak has filed suit against Muhammed Yusoff Rawther for defamation.In the statement of claim, Farhash, who is also Perak PKR chairman, stated that Muhammed Yusof had called for a media conference in the Klang Valley on Oct 4 last year and a video recording of it was uploaded to the Facebook page "Solidariti Buat Muhammed Yusoff Rawter” and other social media platforms. Farhash claimed that during the media conference, Muhammed Yusoff alleged that he was physically assaulted by him (Farhash).

In October 2022 Malaysia Now reported, on a matter related to both men, and Rawther's allegation of sexual assault by Anwar Ibrahim: 

Muhammed Yusoff Rawther said the decision of the Shah Alam Sessions Court also ordering Tunku Nashrul Tunku Abaidah to issue him a public apology had cleared his name and vindicated him from what he described as "pernicious and malicious statements" from Anwar's office.

Nashrul was told to apologise to Yusoff and pay him costs over a media statement in 2019, where he denied an assault incident which the latter claimed had taken place at Anwar's office.

The remarks were made in the wake of a police report lodged by Yusoff, claiming that he was physically attacked by Anwar's political secretary, Farhash Wafa Salvador Rizal Mubarak.

Yusoff also filed a separate civil suit against Farhash, claiming compensation for injuries sustained after the alleged assault.

Yusoff, who worked at Anwar’s bungalow office in Bukit Gasing, Petaling Jaya, also filed a suit against the PKR president accusing him of sexually assaulting him some time in October 2018, days before the opposition leader won the Port Dickson by-election. 

Yusoff claimed to have suffered serious physical, psychological and social trauma as a result of the incident. The case is still pending in court.

On 3 January 2020 The Star reported that  Vincent Tan Chee Yioun had appointed Farhash Wafa Salvador  to  a number of executive and non-executive  board positions within his Berjaya Group.

Farhash Wafa Salvador

KUALA LUMPUR: 7-Eleven Malaysia Holdings Bhd today announced Farhash Wafa Salvador as the new chairman effective today.

In a filing with Bursa Malaysia, it said Farhash replaces Datuk Seri Robin Tan Yeong Ching who has resigned as chairman today to pursue other interests.

Robin was appointed as 7-Eleven Malaysia’s chairman on Nov 25, 2021.

"Farhash brings with him more than a decade’s worth of experience in the field of business, consultancy and advisory.

"In the business front, his illustrious career spans across a broad range of sectors which include construction, technology, hotel, food and beverage.

"He is also a staunch advocate to promoting the development of the small and medium enterprises (SME) industry in the country,” it said.

Farhash is or had been a director and/or shareholder in at least ten private companies including Swag Technologies Sdn Bhd, Salvador & Sons Sdn Bhd and Pacific Samudera Sdn Bhd.

He presently sits on the board of advisory of Yayasan Usahawan Malaysia, a non-government organisation that thrives on the frontier of gathering, creating and developing sustainable companies with strong entrepreneurship traits.

He is also a group executive chairman of Apex Equity Holdings Bhd and a director of Berjaya Construction Bhd. - Bernama

Australia's PM Albanese preparing miners for a free carried interest regime in favour of " Australia's first miners" - Albanese's Voice Constitutional amendments can enable a new mining fiscal regime designed to enrich Aboriginal entities

by Ganesh Sahathevan



PM Albanese has appointed First Nations leaders to guide referendum on Indigenous voice. 

They can be expected to enter the ranks of Australia's billionaires if the referendum succeeds.
Senators Linda Burney and Pat Dodson are suggesting that they do not have a voice in Parliament 

In September 2022 Australia's Prime Minister Anthony Albanese told a gathering of miners: 

A Voice to Parliament is a matter of common courtesy and common sense.

It pays respect to the extraordinary privilege we have to share this ancient continent with the world’s oldest continuous culture.

It’s heartening - and fitting - that leaders from the likes of BHP and Rio have already made such worthwhile contributions to this debate.
Because just as our history didn’t begin in 1788, mining in Australia didn’t begin with the Gold Rush.
First Nations people were digging for ochre in Wilgie Mia in the west - and trading it with people in the east, over 30,000 years ago.
And, alongside the conversation about constitutional change…

Albanese's comments are repeated on the Commonwealth Department Of Primary Of Industries website where Aborigines are described as Australia's first miners. The characterisation of Aborigines as Australia's first miners, and the assertion that the Stone Age Aboriginal societies had a mining industry going back more than 30,000 years prepares the ground for the assertion that European settlers usurped an exisiting, sophisticated mining industry.

Then, the fact of  the Australian mining industry being founded on European technology can be put aside, and some form of compensation for that usurpation negotiated. The Voice referendum can be used to enable rules that will further that objective, as one can see from the example of South Africa and Malaysia. 

The US Biden-Harris Administration's proposals for  "inviting Tribes to join pre-application meetings with mine developers" are another example and could well provide a model for legislation in Australia. 

END 

TO BE READ WITH 

FACT SHEET: Biden-⁠Harris Administration Announces New Actions to Support Indian Country and Native Communities Ahead of the Administration’s Second Tribal Nations Summit

Domestic Mining Law Reform– Improving Tribal Engagement. This year, DOI launched an interagency working group to reform hardrock mining laws and policies to ensure that mining activities are conducted using strong environmental, sustainability, safety, Tribal consultation, and community engagement standards. 

Today, DOI and USDA are implementing a number of recommendations that will be part of a forthcoming report from the Interagency Working Group on Mining Regulations, Laws, and Permitting, including 

(1) recommendations on ways to ensure Tribes are engaged earlier during the development of mining proposals on public lands; 

(2) providing Tribes a seat at the table in discussions regarding mining proposals; and 

(3) improving consideration and protection of Tribal interests and resources as mining decisions are being made. Several steps will be implemented by DOI’s Bureau of Land Management, such as notifying Tribes when exploration work is about to occur and inviting Tribes to join pre-application meetings with mine developers. Complimentary to the efforts described above, the U.S. Federal Permitting Improvement Steering Council (Permitting Council) will set aside $5 million for Federally recognized Tribes in order to enhance Tribal engagement in the permitting review and authorization process for FAST-41 covered projects. The Permitting Council will issue a Dear Tribal Leader Letter to initiate consultations starting in February to design the program.

It happened in South Africa, and in Malaysia, and it will happen in Australia if The Voice referendum succeeds - Linda Burney and other First Nation elders can look forward to board appointments, stock options, assignment of stock that will create a cohort of First Nation billionaires

 by Ganesh Sahathevan

PM Albanese has appointed First Nations leaders to guide referendum on Indigenous voice. They can be expected to enter the ranks of Australia's billioniares if the referendum succeeds.

Mosima Gabriel (Tokyo) Sexwale spent many year in prison alongside Nelson Mandela. He was released in June 1990.By 2004 Al-Jazeear was describing him in these reverential terms:

The best known of the new black elite are Tokyo Sexwale, once a communist and the former leader of the wealthy Gauteng province and Cyril Ramaphosa, who led negotiations for the African National Congress (ANC) with the apartheid government in 1994.

 

Sexwale, 51, drives a Jaguar and lives in a mansion in an upmarket suburb in Johannesburg and had trained with the Soviet Union’s military in the 1970s.

He later spent 13 years in prison with former president Nelson Mandela for his role in the anti-apartheid struggle.

In 1994, Sexwale was elected as premier of Gauteng province but was later lured into the private sector in 1998 when he established Mvelaphanda Holdings, which has interests in among others mining and financial services.

The value of Sexwale’s assets and other holdings are unknown, but his shares are estimated to be worth at least $223 million.

Sexwale and other ANC elites like he made a killing after they took power , and introduced into law black empowerment policies, which are meant to address "imbalances", in effect to reclaim from white South Africa what Africans see as being rightfully theirs. These policies are based on Malaysia's New Economic Policy affirmative action policy, which has also created a cohort of immensely wealth ethnic Malays. 

The Voice referendum promoted by Labor MP Linda Burney and other First Nation elders, and backed by Prime Minister Anthony Albanese,  can be expected to do the same in Australia, given its likely impact on every aspect of the economy, including mining. 

The mechanism by which First Nation billionaires are likely to be created if The Voice referendum succeeds are relatively simple, and importantly cashless, as as has been demonstrated in South Africa and Malaysia.

END 

Reference