CAT in action – Pakatan Rakyat States

First published in the Penang Economic Monthly, February 2010 Issue. 

CAT in Action: Competency, Accountability and Transparency in the Pakatan States

Tricia Yeoh

One of the electoral themes that took the now-governing Pakatan Rakyat states by storm was that of transparency and accountability. Indeed, harsh criticisms of corruption, financial mismanagement, wastage and abuse of power was levelled against their predecessor Barisan Nasional at both the state and national level. The stories worked: voters were angry and disgusted at their tax-paying money having gone down the drain to advantage a privileged few. Indeed, Malaysia dropped from 47th in 2008 to 56th place in 2009, in Transparency International’s Corruptions Perceptions Index, its worst ranking in 15 years.

Two years into their administration, what exactly has been done in order to fulfill their pledges of CAT – competency, accountability and transparency – that the Pakatan Rakyat states have waxed lyrical about? This article explores the attempts made by the state governments in improving administrative efficiency through transparency and accountability measures and the challenges encountered therein.

The reason for placing transparency as a priority is simple: the more information that is available to the public from the administration, the more likely it is for governments to behave responsibly in order to uphold standards and commitments. This also allows citizens to obtain, analyse, and evaluate for themselves details about projects carried out by the government. A mature democracy requires that people are in this manner empowered. However, transparency is often a principle that many leaders champion yet fail to translate into reality. It is easy to make motherhood statements and pronouncements of reform, as Malaysians recall former Prime Minister Abdullah Badawi doing, but the devil lies in the detail, where laborious standards and stringent guidelines are required.

  Continue reading

Posted in Selangor, The Cause | Leave a comment

Towards Better Urban Public Transport

Again, first published in the Penang Economic Monthly.. I think the March 2010 issue.

Towards Better Urban Public Transport

Tricia Yeoh

The image of a CEO with a full business suit opting to hop on an LRT or monorail instead of taking his chaffeur-driven car is not one we would imagine, although this is common practice in countries with an efficient public transport system. Singapore, for example, has more than 60 percent of its population taking public transport, a drastic difference from Malaysia with only 10 percent. Today, only 60 percent of the population resides within 400 metres of a public transport route. Anyone residing in Penang or the Klang Valley can testify to experiencing horrid traffic jams and wasting hours weaving through a daily gridlock on the road.

There are many factors leading to the massive traffic congestion in the urban centres of both Penang and the Klang Valley today, one of which was the government’s past policy of increasing cars on the road thereby supporting the local car industry. Instead of attempting to limit private vehicles on roads, this led to the commissioning of elevated highways and additional bridges. Mandatory payments for city access during peak hours would have instead reduced the number of cars on the road. There needs to therefore be a modal shift away from private to public transport use.

Too Many Cooks

The other major problem is the multiple players involved in managing public transport in Malaysia, unwieldy and terribly uncoordinated. The Ministry of Transport (MOT) regulates the overall transportation network but is generally not involved in its maintenance or network planning. The Ministry of Finance (MOF) owns – through MOF Incorporated – the government-linked companies, Prasarana Berhad which builds or buys public transportation assets, Prasarana subsidiaries RapidKL Sdn. Bhd., RapidPenang Sdn. Bhd., and KLStarrail Sdn. Bhd., which operates the assets owned by Prasarana, and Keretapi Tanah Melayu Berhad (KTMB). If you think that’s complicated, there’s more.

Continue reading

Posted in Uncategorized | 1 Comment

Federal-State Relations in Malaysia

First published in the Penang Economic Monthly.

Revisiting the Federalist System:

Federal-State Relations in Malaysia

Tricia Yeoh

Although Malaysia is officially a federalism, over the years the central government has responded to the opposition by tightening their terms of power sharing across tiers. This has even more interesting dimensions when one considers the political developments that have taken place in light of the March 2008 election results, where the “opposition” became the state governments of five states in the country. Now officially governing in Penang, Selangor, Kedah and Kelantan (the status of government in Perak is debateable), what effects has this predominantly centralised government had on the way Pakatan states operate? How have Pakatan states especially in Penang and Selangor responded to this situation? What are the alternatives available to these state governments, given current limitations?

There are several reasons for this highly centralised government, although by definition a federalism is one in which the federal and state governments have their separate and distinctive powers. In its proper form, it is a system of government that allows simultaneous recognition of diversity and common identity. In a country as diverse as Malaysia, federalism would be an ideal system of ensuring states preserve their individual and regional identities. However, despite the fact that Malaysia is a federalism, this exists perhaps only on paper especially in recent years.

Continue reading

Posted in Selangor | Leave a comment

The “Allah” Debate – from 11th Jan 2010

“Allah” Debate: Dealing with False Insecurities

11th Jan 2010 (Published in Malaysiakini here)

Tricia Yeoh

News of the recent series of attacks against churches across Malaysia has sent shockwaves to all. Although there have been tensions in the past few years between different religious groups, few imagined that these could ever descend into violence such as the kind experienced recently. Within three days, there were arson attacks on at least eight churches in various locations throughout the country (in Klang Valley, Perak, Melaka, Sarawak and Seremban), in which the Metro Tabernacle church had its ground floor (its administrative office) entirely destroyed.

Although police investigations are ongoing, many speculate that the attacks were linked to a controversial court ruling on the 31st December 2009, effectively allowing the Catholic newsletter The Herald to use “Allah” in reference to God in its Malay edition. “Allah” has been used for God amongst the Malay-speaking East Malaysian Christians for centuries, but problems only arose in 2007 when the Home Ministry threatened not to renew The Herald’s publishing licence. Some have insinuated that it was only after the newsletter began carrying critical pieces against the government that the clampdown began.

The court ruling has stirred uneasiness amongst certain sections of the Muslim community, and this has been aggravated by regular racist and inflammatory articles in a mainstream newspaper Utusan Malaysia. These groups say it loud and clear that “Allah is for Muslims only”. It is therefore important to identify the various fears and insecurities involved in this highly emotional issue.

Continue reading

Posted in Religion | Leave a comment

Welcome Back to Blogosphere

Hello. It’s been many moons I have not written, due to a multitude of factors, of which I shall not bore you. To re-begin, I shall now post articles I’ve written for random publications in recent months. They may be stale, but for Malaysia, where many things change rapidly, the issues remain the same. We’re circling the roundabouts many times over, chasing our own tails.

But here you go. To those interested in reading, welcome back to Tricia Yeoh’s lair.

Posted in Uncategorized | Leave a comment

Water management: Selangor can borrow buckets from Penang

Water management: Selangor can borrow buckets from Penang

(First published in Penang Monthly’s inaugural issue in December 2009).

The new political situation in Malaysia means greater diversity in how problems are perceived and how they can be solved. Policy competition between states also means that each state has more opportunities to learn from others. This is welcome because some of the challenges these states face today are enormous.

Reports of the intense water battle in Selangor have featured in the mainstream media throughout 2009. Most of these speak of tensions arising between the Selangor State Government and the Federal Government, or with water concession companies, over its attempts to reach a solution in its consolidation exercise. Numerous incidents have peppered the exchange, and it is difficult to determine whether a successful outcome will be achieved in the near future.

This is unfortunate as the water industry is already muddled with problems and a solution needs to be reached immediately.

Although the Selangor government is pressed for time and seeks an urgent resolution, there are other parties involved which have posed stumbling blocks. It is important to present the background behind this mess.

The source of the problem

The Selangor water services industry represents all that went wrong with Malaysia’s overzealous privatisation policy. The need to restructure the water industry is itself an admission of this failure.

In the past, the Selangor water industry was managed by the state itself, including control of water resources and water treatment, whilst water distribution was handled by Jabatan Bekalan Air Selangor

(JBAS), also a state agency. However, when the-then Prime Minister Tun Dr Mahathir Mohamed proceeded to privatise public entities, lucrative water concessions were given to private companies. Eventually, JBAS was corporatised into Perbadanan Urus Air Selangor (PUAS), and later privatised into Syarikat Bekalan Air Selangor (Syabas). The water treatment operations were privatised, and concessions given for periods of up to 30 years to three separate companies – Konsortium Abass, Syarikat Pengeluar Air Sungai Selangor (Splash) and Puncak Niaga Sdn Bhd (Puncak).

The original reasons for privatisation were:

• To increase efficiency based on supposed professional industrial expertise, and

• To let the private sector take responsibility for the water industry and thus leave the government free to focus on policy decisions.

Even if these reasons were justified, in reality, the concessions were given to companies whose managements had no experience in the water industry to begin with. These eventually became loss-making entities which ran up huge amounts of debts. The quality of water, and of service delivery, became extremely poor. The companies have been criticised for being favoured for their close contact with the political fraternity.

The mad scramble to privatise the water services industry therefore left it badly fragmentated:

• The state government controls raw water resources,

• Three separate concessionaires are in charge of water treatment operations, and

• One company handles water distribution.

Although the state government owns shares in Abass and Splash, and also Syabas through its state company Kumpulan Darul Ehsan Bhd (KDEB), this does not allow it to manage the water industry holistically.

The Water Services Industry Act adopted in 2006 was supposed to reverse the fragmentation of the water industry. Some quarters propound that infrastructure utilities such as water services, health services and public transportation should not be privately owned, and public services are not compatible with profit incentives. More market-driven proponents believe that if done correctly, privatised entities can indeed provide an efficient alternative to state-run monopolies. True privatisation, untouched by corruption and cronyism, leads to healthy competition, improvement in services and lower prices, which benefit the public.

Whatever the case, the way the Selangor water industry was privatised has produced undeniably disastrous results.

Reversing the flow

In 2006, the Federal Government grandiosely embarked on an upriver journey to remedy the situation. Two Bills – the Water Services Industry Act and the Water Services Commission Act – were passed and “water services” was transferred from the State List to the Concurrent List in the Federal Constitution, thereby giving federal and state governments joint jurisdiction over water issues. Next, the Cabinet in early 2008 decided that the restructuring of Selangor’s water industry would be led by the state government itself.

Little did they foresee that the results of the general elections in March 2008 would capsize their plans. The opposition front took over Selangor.

For a start, things were not hostile. In fact, the state government agreed to all points raised in the WSIA and to the Federal Government’s noble intention of consolidating the fragmented companies and forming a holistic entity. In its model, the state government would transfer some of its assets, along with the concession companies’ assets, to Pengurusan Aset Air Bhd (PAAB), which was formed under the Ministry of Energy, Water and Communications for this very purpose.) PAAB would then be the sole licensee, operating everything from raw water to water treatment right up to water distribution. It would hire a new and independent management with solid international experience, replace pipes, and improve water services significantly.

Trouble came at several different stages and from different quarters. The Federal Government claimed that the state government deliberately delayed the consolidation exercise. The truth was that the concession companies were not satisfied with the offers made, and were negotiating for a higher amount.

Selangor had already given them what it considered fair and reasonable returns on their injected capital (at a 12 per cent rate, which is justified based on termination rates found within the concession agreement itself), as well as 1 x Book Value on their assets. Most recently, two out of four concession companies have accepted the state’s offer (with some provisional clauses yet to be finalised). However, without the other two, it is still uncertain what the Federal Government will do. In fact, it has the power to terminate concession agreements if the minister believes it is in the national interest to do so.

Unfortunately, the ties between the Federal Government and concession companies Syabas and Puncak are extremely strong, and it is almost impossible to extricate the demands of one from the other. The fact that Puncak sponsors the Umno (leading party in the Barisan Nasional ruling coalition) general assembly every year says something about the independence – or lack thereof – of this concession company. Where favours are granted one way, it is invariable for it to be likewise granted for the other’s mutual benefit. You scratch my back, and I scratch yours.

Worse, Syabas is said to have breached crucial parts of its concession agreement, including giving more than 72 per cent of contracts worth RM600mil to selected companies, hence failing to practise open tenders. RM51.2mil was used to renovate its office when only RM23.2mil had been approved, amongst other things. These reflect badly on a professional company that’s supposed to exercise transparency and public accountability.

Learning from Penang

This regular mess could have been avoided if the previous BN state government had been able to exercise

some wisdom and foresight. Because it privatised a loss-making entity from PUAS, Syabas would never have sufficient capex (capital expenditure) to replace pipes and reduce non-revenue water (NRW). It would have to constantly rely on state and federal funding, which contradicts the reasons for privatisation in the first place.

Penang, on the other hand, is a role model that should and could still be emulated. Perbadanan Bekalan Air (PBA) was corporatised – and not privatised – in 1999 to serve Penang as a professional corporate body. Its level of services is unprecedented in the country and it runs a very efficient call centre and corporate website. Its NRW was as low as 16.9 per cent in 2007, a stark contrast to Selangor’s 38 per cent in that same year. In fact, Penang’s NRW is one of the lowest in the world, a record that the islanders should certainly be proud of.

In addition, its good track record is reflected in its low and competitive tariff rates. Penang has one of the lowest tariff rates in the country, an average of 31 sen per 1,000 litres compared with Selangor’s rate of 72 sen for the same amount (without taking into account the free water for the first 20m3 per month). Penang has thus been able to successfully corporatise its water body, provide low water tariffs, and still enhance its NRW to its current rates. Of course, both states are very different and comparisons are difficult: Penang is a self-contained island; Selangor is a sprawling state. Nevertheless, there is much that Selangor can learn from Penang.

For the rakyat

The water services industry’s ultimate objective should be to serve the rakyat. This, in fact, was a primary reason why the Selangor government insisted on leading the consolidation exercise. It had after all pledged to reduce tariffs and increase service quality. By paying concessionaires a whopping amount for their companies (over and above what is reasonable), the state would effectively be lining their already well-oiled pockets with money taken directly from taxpayers. This is a double whammy for citizens, who would have first paid high amounts in taxes, and then have to, cover the ridiculously high compensation paid to concession companies.

As highlighted at the start, the problems faced in the Selangor water industry are an accurate reflection of the nation’s failed privatisation policy. We see this pattern replicated in other industries, toll concessions and healthcare services. The intentions of the Mahathir era to improve efficiency through the Malaysia.

Incorporated agenda were noble, but then again, the road to hell is often paved with good intentions, as they say.

The days of cronies in shining armour paid for by the rakyat must end, and this is precisely what the Selangor government is attempting to achieve in its battle over water.

Posted in Corruption, Economics, Federalism, Selangor, Water | Leave a comment

For ordinary Men and Women

I wrote a review recently in the Sun on Liew Chin Tong’s book…  Here it is!

For ordinary men and women
Tricia Yeoh


SPEAKING for the Reformasi Generation by Liew Chin Tong (Bukit Bendera MP) compiles the author’s writings between 2003 and 2009. It traces the thoughts and struggles of a Malaysian’s political awakening birthed out of the Reformasi movement of 1998. His views, sometimes frustrated but mostly rational, epitomise those of his comrades, making this book an important read since many who were bitten by the “reformasi” bug in their youth are today significant public figures.

This sentiment is captured perfectly by Liew in his personal recount of his participation in the protest against Anwar’s arrest. He states that the “cramped pilgrimage for justice” is “the deepest common bond among the leaders of Pakatan Rakyat”.

However, far from romanticising a singular event, Liew demonstrates incredible grasp of political realities. His passion for political governance is shown through prolific writings from party politics to administrative reform. In my conversations with Liew I have found a rare combination of idealism and pragmatism.

With pride, he says that “Malaysia has been in search of an alternative to Barisan Nasional, and Pakatan Rakyat is an idea whose time has come”… and is “likely to survive for a long time”.

This prediction is an optimistic one – rightly so, written by a Pakatan member – but nevertheless warrants attention. It is a stark reminder amid arising doubts that Pakatan needs to prove itself as a “viable alternative” by succeeding in its state governments.

According to Liew, though, co-operation among the three parties has improved tremendously. The “day-to-day working relationship” forces each member party to think along national lines instead. “The cultural breakthrough that sees PAS accepted by non-Malays and DAP by the Malays is gaining momentum,” recently culminating in the first Malay DAP (Democratic Action Party, of which the author is a member) branch formed.

One respects Liew’s boldness in being one of the few Chinese to study PAS (Parti Islam Se-Malaysia) with great interest. An entire section is dedicated to PAS – not only in a rigorously analytical manner, but in a genuine attempt at understanding their religious philosophies. His inclinations towards the Erdogan faction are clear, while his respect for PAS is evident in a column dedicated to the late president of PAS, “In Memory of Fadzil Noor”, whom he attributes as providing the reformasi movement “one of its most important organisational supports in the early days”.

The relationship among the three Pakatan parties is key, and this book underscores the importance of forming common objectives subsequently informed to the public. The Pakatan convention in December may be an appropriate avenue for this.

Lest he is accused of mere “politicking”, Liew presents clear government reform measures. He repeats the mantra of “a better Parliament”, through increased budgetary Parliament allocation to improve its facilities, and live telecast of its debates. The reader finds it shocking that these fundamental needs are not provided for.

Liew also raises important reforms on public transport and for Kuala Lumpur to have an elected government.

Liew succeeds in planting a question in the reader’s mind: “How much longer can we be complacent about Malaysia’s dire situation?” And indeed, he has taken up the responsibility of being an elected representative, the less-trodden path of his peers. Through his writings, a strong sense of idealism seeps through, although he admits that “politics is about perception”.

And perception seems to be the name of the game these days. Most prominent, however, is Liew’s opinion of Prime Minister Datuk Seri Najib Razak. His Achilles heel lies in his very heritage, which is “(his) political blue blood and … inability to comprehend the common man’s life and needs”. This observation is visibly contrasted against his own raison d’etre where “reformasi was not just about Anwar; it was very much about us.”

Perhaps then, this is what the reformasi generation has sought to represent. The needs and dreams of the everyday Malaysian. It is my hope that Pakatan Rakyat can encapsulate exactly this: the lives of “ordinary men and women”, as Liew so accurately writes.

Tricia Yeoh serves as research officer in the Selangor State Government. The views expressed here are her own.

Posted in Uncategorized | 4 Comments

Happy Malaysia Day! (“Looking beyond race” in theSun)

My comment for theSun in commemoration of Malaysia Day was published today, which can be found here.

In the article, I make a reference to 1Malaysia. It was meant to be sarcastic in nature, but unfortunately that little quip was edited out… so it looks and sounds as if I am praising it.

Some other subtle hints I make were also edited, so I think it’s best to publish the article in its original form here. Happy Malaysia Day, everyone!

* Malaysia Day is going to be busy. Just got back from this morning’s Fast4Peace event, a grassroots effort to fast for the nation on Malaysia Day. Was a little late as I only decided to go after I got up for the usual sahur for the month. In the morning our Selangor State Government will be celebrating Hari Malaysia with Menteri Besar and some guests from the East (Malaysia). In the evening, there is the launch of Saya Anak Bangsa Malaysia, at BlogHouse. What are you doing today to remember you are Malaysian? 

Looking Beyond Race: Ethnic Minorities in Malaysia

Tricia Yeoh

Any right-thinking Malaysian should be increasingly disturbed by recent incidents that are rocking the multiethnic boat. These separate events coalesce in our minds into one thing: the nation is riddled with racialist individuals. Whilst Malaysia battles with numerous other problems, ethnic relations is considered the primary wild animal to tame, and rightly so, since without equality of opportunity what pride can one take in one’s birth country?

The feeling of helplessness and disquiet is of course not new. Yes, recently a cow head was stomped and spat on to protest the building of a temple in a Muslim-majority area (cows are sacred to the Hindus). Yes, certain newspapers allow opinion pieces that read, “nothing can stand in the way of ensuring only Malay and Muslim rights are defended”. While one does not want to dilute the severity and gravity of these, Malaysians should not be particularly shocked.

Official policy in Malaysia already sets the fertile ground upon which ethnocentrism can grow and flourish. This has been debated at length, and many view the country’s socio-economic policies as being unable to contribute constructively towards building a united nation. The unfettered overzealousness in ensuring the advancement of a particular ethnic group turned sour over the years, never mind that the Constitution actually emphasises the well-being of all ethnic groups equally. Our race-based political structure does not help either, and has in fact proven instrumental in promoting division.

The nation stands confused and bewildered in the wake of irrational attitudes towards race, a tragedy indeed as we celebrate 46 years of Malaysia’s formation on the 16th September 2009. Our frail attempts at national unity seem to have all but shattered. What has become of mutual respect, understanding and compassion towards the other, all of which form fundamental elements of every religion? What should we make of sloganeering 1Malaysia when with one hand we cradle the platitudes of various motherhood statements, and with the other we fan the flames of racist sentiment?

Without wanting to place labels once again on ethnic groups, since I would rather all consider ourselves Malaysian first, it seems necessary to highlight the ethos of ethnic minorities: How should we react amidst such crazed antics? There are multiple ways in which ethnic minorities in Malaysia could respond to the strange direction the country seems to be taking of late.

The first and most natural reaction against an onslaught – real or imagined – is to retreat into respective ethnic bases, stick our heads into our own little communities, never to return to interethnic life. Unfortunately, this happens more often than not. Ethnic minorities around the world have a general tendency to close in on themselves, creating sub-cultures that overemphasise their own value-systems – like the early Turkish settlers in Germany, for example. Similarly, the danger for the Chinese, Indians and other “immigrant races” in Malaysia is to huddle in their own little club-houses, speak their own languages, build their own schools and produce and read their own newspapers. It is difficult to lobby for equality when participation of these communities in public life lies only within its fringes at best. It is difficult to counter the exclusivist positions when we entrench ourselves in precisely those categories of “immigrant” in which others seek to confine us.

Again, one understands this instinctive reaction, especially given their justified grounds: they feel excluded from mainstream of socio-economic life and hence create smaller worlds they can fully belong to and claim as their own territory. However, harsh as it may sound, this sort of thinking impedes the development of a united Malaysia. It is perfectly acceptable for multiple language to flourish as mediums of education and commerce, and the diversity of literature, resources, and culture should be encouraged. But the promulgation of isolated societies, members of which never see the light of any other community’s day, is unhealthy at best.

The second possible option is to react violently, akin to the ancient law of “an eye for an eye, a tooth for a tooth”. This is obviously immature and mutually destructive. A cow’s head may have been used to upset Hindus, but no one has the right to retaliate by desecrating a pig’s head to insult Muslims – far from it! Without necessarily resorting to physical acts of ridiculous rudeness, however, we have developed subtler ways to point fingers at the other. For example, should a Chinese-language publication spout biased remarks, its justification for doing so would be, “The other side did it first!” This may be so, but where does it end? No one should disgrace themselves by descending to whatever vile levels they think others have sunk. If, by contrast, we were to take the opposite tack of responding to provocation with calm and deliberate reason, would we not at least take a step closer – however small that step might be – towards admitting that we each have the right to be different?

The third and wisest option is the only one available in paving the way forward. The same trend has been developing in recent years in different shapes under different banners: “Anak Bangsa Malaysia”, “Malaysian Malaysia”, and yes even “1Malaysia” (hypocritical as the implementation is under the current government). As long as we continue to consider ourselves separate and divergent, leaders will continue to treat us as such. Whilst cultural diversity should be supported, one’s identity should be primarily identified based on one’s citizenship, that is, in being Malaysian. Ethnic minorities, while being critical of biased affirmative action policies should rise up against their natural tendencies and be counted for their ability to be colour-blind.

This means more than just fuzzy ‘we are all the same’ feel-good pats on the back. It also means the willingness to support institutions of government; for Chinese, Indians and others to work in the civil service; to reform educational institutions with the view of eventually sending all our children to national schools in which children interact with all races; for vernacular newspapers to shed their mindsets of defending only their own communities. Most importantly, we must all step out of our comfort zones and make genuine friends from other communities. We must honestly desire to help those communities that are poverty-stricken, whether they are Malay, Kadazandusun, Indian, Orang Asli, Penan, or Chinese. And we must be able to speak honestly and openly about each other’s religion and cultures.

The danger of bigotry is that it often prompts an equally ugly reaction from the other side. Malaysians of all communities should not stoop to such levels, but instead rise up above the ‘tit for tat’ attitude that, if nothing else, is reminiscent of the insane zero-sum logic that has brought more harm than good to the world.

Furthermore, race is not as defining a factor as socio-economic status, income levels, and other demographics. Let us not fall under the sway of the ‘illusion of singular identity’, espoused by Amartya Sen in one of his books. Malaysians must be responsible for thinking and behaving as Malaysians, for the sake of a truly flourishing united nation.

 

Tricia Yeoh serves as Research Officer at the Selangor State Government. 

Posted in The Cause | 1 Comment

In Memory of Teoh Beng Hock

Much has already been said about the death of the late Mr. Teoh Beng Hock, political aide to Selangor State Government Exco member YB Ean Yong, and I understand the great anger and sadness being expressed by the public to this effect. I do not know whether what I will share here will be of any use to anyone, but I would like to express my experience of the matter as a colleague of Teoh’s in the State Government (as an aide of the Menteri Besar) in the same Selangor administration. I was not close to Teoh, but being colleagues in the same building we were of course acquainted and I would see him at State events and press conferences.

Words cannot express the deep shock that many of the aides went through when news of Teoh’s death came through. It is no different for me. The fact there this young man, aged 30, was merely assisting in an investigation of the Malaysian Anti-Corruption Commission (MACC) as a witness and not a suspect, fell to his death at the same building the MACC is located reeked suspicious from the very start. Any one of us as aides could have been equally tantamount to the treatment received by Teoh of the MACC – although the facts of this have not been determined – and this has been a traumatic time for all of us.

Deeper than the trauma stirs a great, great anger that is ready to implode. The anger stems from the knowledge that Teoh’s death is a result of MACC’s treatment towards him during interrogations. Teoh was believed to have fallen to his death from the 14th floor of Plaza Masalam, where the MACC’s office was located. The official post-mortem report states that the cause of death was multiple injuries from a high fall. Whatever the reason for this fall – suicide or otherwise – it must be stated clearly that the MACC must be held responsible.

The MACC’s responsibility is to ensure that any case of corruption is investigated and the culprit revealed. The manner in which they acted here was most unbecoming of a Commission that is supposed to be the bastion of justice, transparency and governance. Instead, their actions shamefully display the very reversal of a commitment towards truth.

First, the case began with the mere speculation on someone’s blog that there were State Exco members involved in misallocation of funds. YB Ean Yong was one of the seven assemblymen being investigated, and the accusation in his particular case was that he had paid RM2400 for 1500 Malaysian flags used in Merdeka Day celebrations in 2008, without actually receiving them for the suppliers. The measly amount of RM2400 surely cannot justify the way in which Teoh was treated, interrogated from 6pm till 3.45am of the following day. Surely corruption cases involving millions of Ringgit are more worth the time and effort of the MACC, and not petty cases as this.

As such, even by the largest stretch of the imagination, that if this case was indeed one of corruption, it is absolutely clear that the MACC was overzealous and making a mountain out of a molehill – which in turn causes minds to question its political neutrality. If instructions were given to play up this case – and that of other assemblymen – then the independence of the MACC has all but disappeared. This incident is the final nail in its coffin, from the public’s point of view. It will be impossible for it to reclaim public trust and confidence from hereon.

Second, the manner of interrogations is also suspicious. Boon Hwa, a councillor from the Kajang town municipality, was questioned in the same case and shared at a press conference that the interrogations involved standing at attention for four hours in a row, without food or drink. Threats were made to beat him up, and mention of his family was made, should he not give the answers they wanted. He was jeered at, with humiliating calls of “Cina Bodoh!” shouted at his face – “Stupid Chinese”, an utter racist remark and itself the most shameful display of an institution of the MACC. This is a far cry from the 1Malaysia concept that the Prime Minister Najib Razak has attempted to introduce.

Although this is speculation, many wonder if Teoh was subject to similar treatment. Psychological and mental abuse that may have taken place is not the role of the MACC. It was said that Teoh was inexperienced in this regard, and being for the first time interrogated in an anti-corruption case, could have been shaken and traumatised. Although his lawyer and boss told him exactly what to do and what to say, his frailty may have caused his interrogators to draw greater strength from their imaginary power and muscle.

Third, it is unclear as to whether the MACC did indeed act according to the laws that govern them. I am not a lawyer and this should be clarified with detailed analysis. Whatever the jurisdiction of the MACC, any witness or suspect in a case should be allowed to have an accompanying lawyer. The length of time allowed for interrogation should not extend to the wee hours of the morning. The numbers of officers should be clearly specified, along with recordings of any statements made during the course of the interrogation done – both in audio and video format. If the MACC was acting outside of its legal powers, action must be taken immediately. Again, this is subject to legal analysis.

Fourth, the MACC was responsible for Teoh as he was being interviewed in their premises. Their current claim is that once interrogations ended at 3.45am, Teoh was allowed to return home but instead he requested to rest in their office. Except for someone who saw him at 6am, nobody else apparently saw him until his body was found at 1.30pm subsequently. MACC’s stand is that because he was released, they were no longer responsible for where he went and what he did.

The story seems strange because Teoh had his car parked at the basement of the building. Would it not make sense for him to have left as soon as possible? Even if he did want to rest at the office, his handphone would have been returned to him (since “interrogations were already over”), and some contact would have been established with his friends and family members, surely. However, no communication was made as far as has been reported to date.

The MACC would surely have monitored Teoh’s comings and goings. As a key witness that would warrant such thorough investigations through the night, surely his presence was important. Surely some record would have been noted, of his having officially left the building’s premises. Whatever the case, the response that nobody knew where he was – is weak and irresponsible.

Teoh was a quiet character who must have been thoroughly enthused about working in a new state administration. I cannot speak on his behalf, but the reason I have chosen to work in this Pakatan State government is because I want to contribute to a cause I believe in. To better socioeconomic policies in the view of fairness for the sake of the rakyat. I am sure Teoh was no different. Spurred on by the results of the March 8th General Elections, hope for a budding democracy had begun. Although the actual management and administration of the State has not been easy, nor without error, the struggle to create a better society is real.

As a young person, I resonate with his desire to contribute so willingly to this cause. His death cannot be in vain. Although it may spark fears amongst the young – and their parents – as to the grave political dangers of this working environment, I believe with a greater urgency and fervour that this is the right thing to do.

It can no longer be mere speculation that we as Malaysians are living in a system of darkness, corrupt and unfair practices. The treatment of a youthful, innocent man could be the same treatment given to any commoner on the street should he be hauled up by the MACC. What justice is available to an ordinary rakyat? No, the need to raise up a new generation of people to transform Malaysia to a nation of hope, justice, peace and good governance is even more necessary.

Along with many others, I call for a Royal Commission of Inquiry into the death of the late Teoh Beng Hock. The inquiry must be independent, transparent and conducted by individuals of the highest integrity. This has been a rare first political death of its kind, and should changes not be made immediately to the  rotten system of Malaysia, the question looms dark in our minds: Who will fall prey as the next victim?

Posted in Uncategorized | 29 Comments

1Malaysia and all Reformist speeches all down the drain

Sivakumar Dragged out of House

This is Sivakumar being forcefully dragged out of the Speaker’s Seat from the Perak State Assembly House by the Police; before Zambry is put on the seat like a little puppet of BN (not like, but is) and Raja Nazrin begins his speech.
Stories here, here and here.
 
This is what democracy in Malaysia has been reduced to: brute force.
 
This week’s incidents clear any residual doubts about whether the 1Malaysia concept would indeed bring a difference. Let me be clear: It will not.
All talk has been effectively negated. Any speech that comes out from here onwards will only reek of rhetoric, which has been the suspicion of many, now confirmed.
 
Any talk of reform will and should, fall on deaf ears from today on. It is akin to the story of the boy crying wolf. Once bitten, twice shy. It is going to be extremely difficult for the current government to worm their ways out of this one. Everything that emerges from official statements about liberalisation and making necessary changes, all the talk about “the era of ‘Government knows best is over'” will now mean absolutely nothing. Nothing.
Posted in Uncategorized | 3 Comments