Allah decision against Constitution, gives Home Minister more power, says DAP

BY LEE SHI-IAN
OCTOBER 15, 2013

The decision by the Court of Appeal on the usage of the word Allah by non-Muslims has given the Home Minister wide-ranging discretionary powers to make pre-emptive executive decisions, said DAP national publicity secretary Tony Pua (pic).

"The court argued that 'such usage if allowed would inevitably cause confusion within the community... so the Home Minister had sufficient material before him to ban the Herald from using the word'. With this, the court has empowered the Minister to make pre-emptive executive decisions to ban words or publications which he deems will cause confusion," Pua said.

"With such powers, the Home Minister will be able to rule that the Sikh Holy Book should be banned, as such any Bahasa Malaysia church material in East or West Malaysia should be declared illegal if they use the term Allah. The Court will deem itself to have 'no plausible reason for the High Court to interfere with the minister's decision'," he added.

In a statement, Pua highlighted several key points which he had deduced from the judgment read out yesterday by appellate court judge Datuk Seri Mohamed Apandi Ali.

He said the Federal Constitution clearly stated that other religions could be practised in peace and harmony in any part of the Federation and every religious group has the right to manage its own affairs.

"But the court had decided on behalf of the Roman Catholic Church on what was deemed an integral part of the faith and practice of Christianity," he said, arguing that the court's only role was to decide on the legality of the use of the word Allah by the church and nothing more.

"The court has no role in deciding what is integral or otherwise in any religion practised in Malaysia. The court has clearly overstepped its authority into the realm of theological discourse and also breached the Federal Constitution," he said.

Another key point, Pua said, was that the appellate court had defined the rule of law as the "wishes of the majority" and ruled that the welfare of an individual or group must yield to that of the community. He said the court had neglected its role to protect and defend the rights of the minority.

"Article 8 of the Federal Constitution clearly states that 'all persons are equal before the law and entitled to the equal protection of the law'. But the court has made a decision which is based purely on the wishes of the majority," Pua pointed out.

He quoted the third United States president, Thomas Jefferson, who proclaimed in his presidential address that "All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable, that the minority possess their equal rights, which equal laws must protect, and to violate which would be oppression”.

Pua added, "In ruling that the welfare of an individual or group must yield to that of the community, the Court of Appeal should define the community or the majority and their needs and wants. It is not the place of the appellate court to decide who the majority are and what they want.

"It should be emphasised that the role of the appellate court is to determine legality and not make such highly subjective moral judgment on ill-defined subjects," Pua argued.

Pua said the far-reaching consequences of yesterday's ruling meant that the appellate court has given itself the authority to make discretionary judgment which are not based on the Federal Constitution and the laws passed by the Parliament, but based on the judges’ own personal viewpoints and bias.

"Secondly, the appellate court has trampled on the rights of the minority by endorsing the oppression by the majority. The court has also given discretionary and absolute pre-emptive powers to the Home Minister to take action against anyone who is deemed to be wrong," he added.

Pua said the argument by the Court of Appeal in delivering its judgment on the usage of the word Allah was clearly unreasonable and must be challenged in the Federal Court.

It was not because of the usage of the word Allah, he said, but because of the implied powers of judges and the executive branch of the government to mete out punishment without legal or factual basis. - October 15, 2013.

Source: http://www.themalaysianinsider.com/malaysia/article/court-decision-on-allah-against-the-federal-constitution-gives-home-ministe

GET OUT OF MALAYSIA: Zahid should remember he is only part of the minority that voted BN!

Friday, 17 May 2013 11:46

Written by  Tony Pua

In a shocking article published in Utusan Malaysia, completely unbecoming of a Home Affairs Minister, Dato’ Seri Zahid Hamidi tells Malaysians who are not happy with the outcome of the 13th General Election to migrate somewhere else with an electoral system which suits their fancies.

In the article, he said that

Jika golongan ini mahu menerima pakai list system atau single transferable vote seperti mana yang digunakan oleh negara-negara republik, sepatutnya mereka berhijrah ke negara-negara berkenaan untuk mempraktikkan kepercayaan politik mereka.

Dato’ Seri Zahid gave the excuse that Malaysia has inherited the first-past-the-post system from the United Kingdom, which is also utilised in many Commonwealth states.

Malaysia mewarisi sistem politik daripada United Kingdom dan kebanyakan negara Komanwel juga menggunakan sistem first past the post yang mana parti-parti politik yang bertanding di kawasan pilihan raya memilih hanya seorang wakil bagi setiap kawasan pengundian yang mengambil kira prinsip undi majoriti mudah.

Therefore he argued that despite Pakatan Rakyat achieving 51.78% of the popular vote, our adopted system allows for a party or coalition with lower popular vote to win the elections.

Obscuring the facts

Dato’ Seri Zahid fails in his argument on 2 separate counts.

Firstly, while the first-past-the-post system does indeed grant disproportionate allocations of seats relative to the percentage popular vote, our electoral boundaries have been excessively corrupted over the past decades. The gap between the constituencies with the least number of voters such as Putrajaya (15,791 - Tengku Adnan Mansor) and Padang Rengas (28,518 - Nazri Aziz) and those with the biggest population such as Kapar (144,159) and Serdang (133,139) goes to prove that our electoral system is manipulated to give the ruling Barisan Nasional an unfair advantage. One will not find such ridiculous discrepancies between constituencies in other advanced first-past-the-post democracies such as United Kingdom or Australia.

The evidence is also clear in the fact that the average size of a constituency which Pakatan Rakyat candidates won had 77,655 voters compared to only 46,510 voters for a typical BN constituency.

Secondly, the fact that we have an imperfect electoral system in place is exactly the reason why the people are speaking up and expressing their disappointment and anger at the system. It is the reason why hundreds of thousands of Malaysians have gathered in various cities over the past week to demand a better electoral system, be it a fairer distribution of voters in all constituencies or a thoroughly revamped proportional representation system, or a mixture of both as practiced in certain other advanced democracies. It is the right of ordinary Malaysians to demand free and fair elections.

Why should the majority leave

Dato’ Seri Zahid in his article is in effect denying these Malaysians their rights for a system which will better able to reflect the wishes of the citizens of the country. Such arrogance and contempt by the newly appointed Home Minister and the current UMNO vice-president points to the fact that UMNO-BN has no desire at all to seek “national reconciliation” post the 13th General Election.

His comments also points to the hypocrisy of the new UMNO-BN government which the Prime Minister has promised to be inclusive and “transformative”. It is the same arrogance and hypocrisy which has caused BN to lose its 2/3 majority in 2008 and the popular vote in 2013.

Such arrogance and hypocrisy will only lead to one inevitable result in the next general election, that is the rakyat will vote overwhelmingly for Pakatan Rakyat to ensure that no amount of cheating and gerrymandering will stop the tidal wave from sinking the BN party.

Tony Pua is the MP for PJ Utara

Source: http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=101212:get-out-of-malaysia-zahid-should-remember-he-is-only-part-of-the-minority-that-voted-bn&Itemid=2

Retract bogus safety claim, MP tells PEMANDU

September 04, 2012

KUALA LUMPUR, Sept 4 — Opposition lawmaker Tony Pua today accused the government’s efficiency unit PEMANDU of laying a bogus claim to Malaysia being the safest country in the region and urged it to take back the declaration which, he said, was based on misleading crime data.

He also urged the government agency to revamp its entire crime reporting and evaluation system for an accurate depiction of the real crime situation in the country instead of focusing on battling negative public perception on domestic security.

“PEMANDU must retract its bogus claim of Malaysia being Southeast Asia’s safest country by using misleading and manipulated crime statistics,” Pua(picture), the Petaling Jaya Utara MP, said in a statement.

The agency had boasted of Malaysia being ranked the “most peaceful” and “safest nation” in Southeast Asia and fourth safest in the Asia-Pacific, ahead of Singapore and just behind New Zealand, Japan and Australia, in the fifth edition of the Global Peace Index 2011 in its Government Transformation Programme (GTP) Annual Report the same year as well as in presentations, Pua noted.

He also noted PEMANDU had claimed credit for Malaysia being “ranked the safest country among 19 upper-middle-income countries by the World Justice Project’s Rule of Law Index 2011”. 

But the DAP publicity chief insisted that such claims were negligible in the face of allegations raised last month by an anonymous letter writer, under the pseudonym Sumun Osram, who claimed to be a policeman, that the government’s crime statistics had been manipulated to paint a rosier image of domestic security.

“The recent expose accused the Royal Malaysia Police (PDRM) of manipulating crime statistics to present an artificial picture of the crime situation in Malaysia was confirmed with the data provided by PDRM,” Pua said.

He said based on police statistics, official crime statistics had dropped from a total 209,572 cases in 2007 to 157,891 in 2011, or 24.7 per cent within the four-year period.

“However, this was achieved at the expense of the unpublished ‘non-index crime’, which increased from 42,752 to 72,106 or a massive 68.7 per cent over the same period,” Pua said.

In Malaysia, the police divide crime into two categories, index and non-index — the former defined as crime that is reported with sufficient regularity and significance to be a meaningful indicator of the crime situation while the latter is regarded as minor in nature.

He urged the government’s efficiency agency to stop “crowing” about its “bogus” achievements in battling crime and buckle down to overhauling its entire crime reporting and evaluation mechanism.  

“PEMANDU must immediately recommend the scrapping of the ludicrous official ‘index crime’ and the hidden ‘non-index crime’ classifications which are clearly subjected to manipulation and to artificially improve ‘perception’ among Malaysians,” he said.

PEMANDU has had to repeatedly defend itself from public criticism after a spate of crime incidents that seemed to contradict the image painted by its crime statistics.

The agency, along with the police and Home Ministry, has continued to stand by its claim that the country’s crime rate has dipped considerably since initiatives under the Government Transformation Programme (GTP) were put in place two years ago.

PEMANDU’s crime reduction national key results areas (NKRA) director Eugene Teh had in July released fresh statistics to show that index crime in Malaysia dropped by 10.1 per cent from January to May this year compared with the same period last year.

The agency had earlier released figures to show that index crime had dropped by 11.1 per cent from 2010 to last year while street crime dipped 39.7 per cent in the same period.

Source: http://www.themalaysianinsider.com/malaysia/article/retract-bogus-safety-claim-mp-tells-pemandu/

Empty denial further dents crime stats credibility, says Pua

By Ida Lim

August 29, 2012

Pua said that non-index crime has risen sharply in recent years, as was alleged in the anonymous letter. — File pic

KUALA LUMPUR, Aug 29 — A mere denial to an allegation of crime data manipulation suggests the police lack credible data with which to disprove the claim, DAP lawmaker Tony Pua said today.

“If there is indeed no manipulation of data as claimed by PDRM (Royal Malaysia Police), how else can they explain the shockingly divergent trends between index and non-index crime?” asked Pua.

Yesterday, former Inspector-General of Police Tan Sri Musa Hassan expressed a similar view, saying that authorities needed to refute the allegation with objective data in order to head off public speculation.

Last week, an anonymous letter, purportedly written by a policeman who penned his name as Sumun Osram, had alleged that crime cases were being methodically shifted from “index” crime into “non-index” offences that were not registered as part of the official statistics presented by Putrajaya’s efficiency unit PEMANDU.

In Malaysia, the police divide crime into two categories, index and non-index — the former defined as crime that is reported with sufficient regularity and significance to be a meaningful indicator of the crime situation while the latter is regarded as minor in nature.

Yesterday, the police dismissed the claim as “erroneous”, and maintained that both sets of data were taken into account for its crime statistics. It added that “overall crime (Index + Non-Index) has in fact reduced in 2010, 2011 and 2012”.

Pua said today, however, that there was a “significant drop in index crime” but that this was accompanied by “drastic increase in non-index crime” from 2007 to 2011, which appeared to corroborate the anonymous letter.

Using crime statistics provided by the police, Pua said that while index crime had dropped 24.7 per cent from 2007 to 2011, non-index crime has increased 68.7 per cent over the same period.

“What is even more glaring is the fact that ‘non-index crime’ is increasing annually as a proportion of total crime since 2007 based on PDRM data,” he said.

“Under normal circumstances, if the crime situation in the country has improved as much as boasted by the authorities, then both index and non-index criminal cases should show a declining trend,” Pua said.

Pua also pointed to the significant drop in crime-fighting performance “after non-index crime is taken into account” as “strong evidence of manipulation”.

He said Putrajaya had previously “boasted its achievement of 15.4 per cent, 11.1 per cent and 10.1 per cent reduction in the crime index over 2010, 2011 and 2012, respectively”, based on index crime alone.

But PDRM yesterday said that the combined index and non-index crime has dropped 7 per cent, 9 per cent and 5.3 per cent in 2010, 2011 and 2012, respectively.

The data did not, however, assuage Pua.

“While the total index and non-index crime cases based on PDRM data has indeed dropped over the past 2-3 years, it appears that the data has been systematically manipulated to present an inflated over-achievement under the Najib administration,” said Pua.

Last month, PEMANDU defended itself from public criticism after a spate of crime incidents that seemed to contradict the image painted by its crime statistics.

The agency, along with the police and Home Ministry, had continued to stand by its claim that the country’s crime rate has dipped considerably since initiatives under the Government Transformation Programme (GTP) were put in place two years ago.

PEMANDU’s crime reduction NKRA (national key results areas) director Eugene Teh had in July released fresh statistics to show that index crime in Malaysia dropped by 10.1 per cent from January to May this year compared to the same period last year.

The agency had earlier released figures to show that index crime had dropped by 11.1 per cent from 2010 to last year while street crime dipped 39.7 per cent in the same period.

Source: http://www.themalaysianinsider.com/malaysia/article/empty-denial-further-dents-crime-stats-credibility-says-pua/

Bersih urged to sue Putrajaya over ‘witch hunt’

By Clara Chooi

July 24, 2012

Bersih 2.0 led tens of thousands to demand for free and fair elections in the capital city on July 9 last year. — file pic

KUALA LUMPUR, July 24 — Electoral reform group Bersih 2.0 should sue the federal government for its “witch hunt” last year against those sporting the group’s signature yellow, DAP MP Tony Pua said today after a High Court here declared it a lawful society.

The authorities became the “butt of international jokes” at the time, Pua added, when premises and vehicles were searched for “illegal” yellow shirts and other Bersih 2.0 paraphernalia.

“The civil society group and its associated organisations will have a legal basis now to claim redress from both the Home Ministry and the Royal Malaysian Police (RMP) for damages, harassment, embarrassment and loss of property,” he told The Malaysian Insider via Blackberry Messenger.

Home Minister Hishammuddin Hussein had last year declared Bersih 2.0 unlawful, citing Section 5 of the Societies Act 1966. — file pic

He was responding to the Kuala Lumpur High Court’s decision today to quash Home Minister Datuk Seri Hishammuddin Hussein’s order last year and declare Bersih 2.0, a coalition of over 84 non-governmental organisations, a legal entity.

“The declaration that Bersih is a legal entity will also hopefully bring to an end one of the ugliest episodes of the Najib administration,” Pua said, adding that Hishammuddin and the police should also apologise to Malaysians.

Speaking at a separate press conference here, PKR strategy director Rafizi Ramli said he was not surprised at today’s court ruling as it was “ridiculous” in the first place for the government to have declared Bersih 2.0 illegal.

He pointed out that the associate members of the coalition were, in their own right, legally registered entities.

“It was just a matter of time that the court would validate this. Unfortunately, throughout the entire discourse on Bersih, the Umno-owned media were allowed to politicise and demonise the group without any basis or facts,” he said.

The minister’s order is quashed because Bersih is a lawful society. — Datuk Rohana Yusof

PKR deputy information chief Sim Tze Tzin called the court ruling a “people’s victory” for Malaysians who backed the polls watchdog’s fight for free and fair elections.

He urged the group to continue pressuring the government to meet its demands and warned the Barisan Nasional (BN) government against continuing its attacks against those who support the movement.

In her ruling today, High Court judge Datuk Rohana Yusof said the coalition of civil societies known as Bersih 2.0, though not officially registered, can be considered a society under the Societies Act.

“The minister’s order is quashed because Bersih is a lawful society,” Justice Rohana said.

Prominent lawyer and former Malaysian Bar president Datuk Ambiga Sreenevasan and 13 of her colleagues in Bersih’s steering committee had in July last year filed a judicial review seeking that the BN government’s July 1, 2011 ban against the movement be lifted.

DAP MP Tony Pua today said he hoped the ruling will “bring an end to one of the ugliest episodes of the Najib administration.” — file pic

Hishammuddin had last year declared the movement unlawful, citing Section 5 of the Societies Act 1966 as investigations had shown that Bersih 2.0 was not a registered organisation and that it was creating unease among Malaysians.

Bersih 2.0 had led tens of thousands to demand for free and fair elections in the capital city on July 9 last year, which resulted in some 1,600 arrests but ultimately resulted in the government agreeing to set up a bi-partisan parliamentary polls panel.

The group held a similar rally on April 28 this year, coining it “Bersih 3.0”, and is currently being sued by the Kuala Lumpur City Hall for some RM351,000 in damages.

The government’s statement of claim lists 15 vehicles, mostly belonging to the police, that had to be repaired at a cost of RM122,000.

The government also wants general damages, interest and a declaration that Bersih breached Section 6(2)(g) of the newly-passed Peaceful Assembly Act 2011.

Ambiga has countersued the government for allegedly violating her constitutional rights over the April 28 rally, saying the Najib administration had abused its power by ordering the police and DBKL to block the event from taking place at Dataran Merdeka.

Prime Minister Datuk Seri Najib Razak had said when tabling the law in Parliament last year that it would be “revolutionary” and allow Malaysians to participate in public gatherings “in accordance with international norms.”

PKR strategy director Rafizi Ramli said it was “ridiculous” in the first place for the government to have declared Bersih 2.0 illegal. — file pic

The April 28 rally that saw tens of thousands gather at six different locations before heading to Dataran Merdeka was peaceful until about 2.30pm when Ambiga asked the crowd to disperse.

But her call was not heard by most of the crowd who continued to linger around the historic square, which the courts had already barred to the public over the weekend.

Just before 3pm, some protestors breached the barricade surrounding the landmark, leading police to disperse the crowd with tear gas and water cannons.

Police then continued to pursue the rally-goers down several streets amid chaotic scenes that saw violence from both sides over the next four hours.

The Malaysian Human Rights Commission (Suhakam) and an investigative panel set up by the government are currently holding separate inquiries on Bersih 3.0, following reports of the excessive use of force by police to disperse protesters.

Source: http://www.themalaysianinsider.com/malaysia/article/bersih-urged-to-sue-putrajaya-over-witch-hunt/

民联：花数万报章打广告‧“SEDA逃避购电关键疑点”

2012-07-24 09:47

• 
  努鲁依莎（左）展示大马永续能源发展机构在报章上刊登的回应广告；右：潘俭伟。（图：星洲日报）

（吉隆坡23日讯）儘管大马永续能源发展机构（SEDA）昨日在报章刊登广告，针对太阳能再生能源配额和电力收购制所引起的爭议作出解释，但行动党全国宣传秘书潘俭伟与人民公正党副主席努鲁依莎却批评当局耗费数万令吉刊登的广告，並没有针对他们提出的关键问题作出回应。

质疑8公司进行电力研究

潘俭伟和努鲁今日在行动党总部召开新闻发佈会说，该机构为前政府首席秘书丹斯里莫哈末西迪的女儿苏兹苏丽娜与夫婿托麦可莫拉斯，获得45.9兆瓦或32.4%配额生產太阳能再生能源的12家公司辩护时，却引发了更多疑问。

潘俭伟说，2011年再生能源法令阐明，公司申请电力收购制之前，必须要求授权单位如国能进行电力系统研究（PSS）。

他披露，根据大马永续能源发展机构网站，清楚註明电力研究系统的费用与完成期限，1兆瓦以上至10兆瓦需耗资4万令吉，费时30天完成。

“成功取得太阳能再生能源配额的12家公司，特別是在申请截止日期前21天才设立的8家公司，是否已进行电力系统研究？”

促陈华贵指示冯镇安解释

另外，努鲁依莎也直斥大马永续能源发展机构花费金钱在报章打广告，却没有真正回答到他们所挑起的问题。

鑑於此，她促请能源部长拿督斯里陈华贵，指示该机构主席丹斯里冯镇安，亲自讲解这当中的疑问与爭议。

缴足资本仅100令吉
9公司应被撤销资格

潘俭伟说，虽然大马永续能源发展机构指成功申请的公司必须拥有至少20万缴足资本或2%的计划成本，否则將被撤销资格，他无法理解的是，12家公司获得这项计划已超过6个月，但他两週前向大马公司委员会（SSM）查询时，至少有9家的缴足资本只有100令吉，而且未被撤销资格。

来源：http://www.sinchew.com.my/node/255309?tid=1

SEDA’s reply deepens mystery over solar power deal, says Pakatan

By Ida Lim

July 23, 2012

KUALA LUMPUR, July 23 — Companies linked to Petronas chairman Tan Sri Mohd Sidek Hassan’s daughter had failed to meet the requirements for lucrative feed-in tariff solar power contracts awarded by the Sustainable Energy Development Authority (SEDA), Pakatan Rakyat MPs said today.

DAP MP Tony Pua asked whether the 12 companies, owned by Suzi Suliana Mohd Sidek, her husband Todd Morath and two others, had fulfilled a technical condition required by law before applying to produce the solar power, where each company is allocated a quota of between 1MW (Megawatt) and 5MW.

“Before you submit an application to get feed-in approval, you must have conducted a power system study (PSS),” he told reporters, referring to the Renewable Energy Act 2011.

Based on SEDA’s guidelines on its website, Pua (picture)said “a PSS conducted for a company applying to supply 1MW to 10MW will take 30 days, costing RM40,000.”

But he pointed out that eight of the companies were only set up 21 days before the application deadline, saying: “Very clearly the law says PSS needs to be conducted 30 days in advance.”

Pua and PKR’s Nurul Izzah Anwar had recently highlighted that Suzi Suliana and others controlled 12 out of 32 firms that had collectively won the “lion’s share” or 32.4 per cent of the nation’s solar energy quota.

The Petaling Jaya Utara MP also challenged SEDA to show that the companies have sufficient funds to carry out the contracts.

He said the 12 companies had altogether secured 45.9MW of the quota which would require investments of RM367 million, basing his calculations on the estimation that each MW will need an investment of at least RM8 million.

Based on the SEDA application form, Pua said the companies would need to have “at least 20 per cent of the total capital cost” in their bank accounts before application, which in this case would be 20 per cent of RM367 million.

“We challenge SEDA to state that Suzi’s companies have fulfilled the RM73 million cash balance requirements for the application by the 12 successful companies,” he said.

Pua also blasted the renewable energy authority’s clarification that successful applicants “must have a minimum RM200,000 in paid-up capital or two per cent of the project cost”.

“Why is it that the latest information from the Companies Commission of Malaysia (SSM) showed that at least nine of the 12 successful companies had a paid-up capital of only RM100 more than six months after they were awarded?” asked Pua.

Pua’s comment comes after SEDA published an advertorial answering the allegations in major newspapers last Sunday.

“Considering his advertorial did not really answer our questions... we ask Tan Sri Fong Chan Onn and... Datuk Peter Chin to meet us... explain in a transparent manner,” said Nurul Izzah, who was also present at the press conference today.

Fong heads SEDA, which comes under Chin’s Ministry of Energy, Green Technology and Water.

Source: http://www.themalaysianinsider.com/malaysia/article/sedas-reply-deepens-mystery-over-solar-power-deal-says-pakatan/

Pua questions Sidek’s daughter’s solar power deal

UPDATED @ 02:15:48 PM 16-07-2012

By Ida Lim

July 16, 2012

KUALA LUMPUR, July 16 — The DAP's Tony Pua continued to question the awarding of feed-in tariff (FiT) solar power contracts to companies set up just three weeks before the application deadline.

Showing reporters the Sustainable Energy Development Authority (SEDA)'s Feed-in Approval application form, Pua asked: “Can a company which is freshly set up only three weeks before the application deadline meet the above fairly onerous requirements?”

Pua (picture) and his PKR ally Nurul Izzah Anwar had last Tuesday said that both Suzi Suliana Mohd Sidek and her husband, Todd Morath, held a controlling stake in 12 out of a total of 32 companies that had won the contracts amounting to 32.4 per cent of the nation’s energy quota fixed for between 1MW (megawatt) and 5MW.

Suzi is the daughter of the newly appointed Petronas chairman Tan Sri Mohd Sidek Hassan.

Pua today said that the 12 companies controlled by Suzi, her husband and two other business partners would be able to generate “approximately RM70 million yearly revenue for the 45.9MW (32.4 per cent)”.

He said this would be “around RM1.5 million to RM1.8million per MW”, basing his estimation on the price range for solar energy which he said would be RM0.85 to RM1.78 kWh (kilowatt per hour).

Pua pointed out that applicants must have “a 'site use agreement' for the proposed site to farm the solar energy” and “specific financing compliance.”

According to SEDA’s application form, companies must show that they have in their bank account “a credit balance of at least the total capital cost of the renewable energy installation” if they are self-financed.

If the companies take loans, they must have “at least 20 per cent of the total capital cost” in their bank account.

He had last week claimed that at least eight of the 12 companies were set up on November 11, 2011, three weeks before the December 2, 2011 deadline.

Pua also noted that nine of the 12 companies only had a paid-up capital of RM100 at the time of application.

He claimed that documents from the Companies Commission of Malaysia (CCM) show that the all 12 companies share the same address and many of them had the same directors.

Last week, SEDA chairman Tan Sri Dr Fong Chan Onn had said the renewable energy authority was weighing the possibility of suing Pua for defamation.

“You’re welcome to sue me, but still you must answer the public,” said Pua today.

Pua said that both SEDA and its chairman “owe an honest explanation to Malaysians as to how these companies were ‘successful’ with their applications, while many other qualified companies were not even able to secure a single licence.”

Sidek retired as the Chief Secretary to the Government last month and was immediately named Petronas chairman.

Source: http://www.themalaysianinsider.com/malaysia/article/pua-questions-sideks-daughters-solar-power-deal/

UMNO / BN Crony -- Sidek’s daughter has ‘no capital and no track record

Another example of UMNO / BN Cronies
---------------------------------------

By Ida Lim

July 12, 2012

KUALA LUMPUR, July 12 — The DAP’s Tony Pua today slammed the country’s renewable energy authority for awarding lucrative feed-in tariff (FiT) solar-power contracts to Petronas’ new chairman Tan Sri Mohd Sidek Hassan’s daughter, saying that her companies have “no capital” and “no track record”.

Pua and his PKR ally Nurul Izzah Anwar had on Tuesday noted that both Suzi Suliana Mohd Sidek and her husband, Todd Morath, held a controlling stake in 12 out of a total of 32 companies that had won the contracts amounting to 32.4 per cent of the nation’s energy quota fixed for between 1MW (megawatt) and 5MW.

Pua (picture) today blasted Sustainable Energy Development Authority (SEDA) chairman Tan Sri Fong Chan Onn for reportedly saying that “the selection was above board as it was done through an online system.”

He refuted Fong’s claim in The Staryesterday that all companies selected had fulfilled the technical and financial requirements.

“A random check on two companies — Synergy Must Sdn Bhd and Trinity Creations Sdn Bhd — showed that they had only RM100 in paid-up capital each,” said Pua.

He noted that all 12 companies controlled by Suzi Suliana and her business partners “were set up only a few weeks before the 2 December 2011 application deadline”, with at least eight of them only set up on November 11, 2011.

“How is it that these companies with no capital, no track record and in all likelihood no employees as at the point of time of application, met ‘all the necessary technical criteria as well as financial commitments’?” asked the DAP national publicity secretary.

Pua urged SEDA to “reopen the bidding process for the solar energy quota to ensure that all players are given fair treatment”, saying that unqualified bidders should be “knocked out from the qualification process”.

Pua and Nurul Izzah had pressed Fong and Energy, Water and Green Technology Minister Datuk Peter Chin to explain the award and lay to rest allegations of foul play and favouritism among industry players.

They had also highlighted records they said showed Suzi Suliana, her husband and two business partners were handed the “lion’s share” of the limited contract introduced last year to enable homeowners and industry players to feed electricity produced by solar panels onto the national power grid.

The two opposition MPs had pointed out that together, the four business partners control “45.9MW or 32.4 per cent of the total quota allocated to companies producing 1MW to 5MW, much larger than established companies of Cypark and Petronas Power” which were respectively given 9.2per cent and 7.1 per cent.

Sidek retired as the Chief Secretary to the Government last month and was immediately named Petronas chairman.

Malaysia aims to have over 3,000MW of green energy on the national grid by 2020 and the federal government introduced a new policy last December to develop more independent power producers (IPPs), including households, to provide it.

This is not the first time the federal opposition pact has questioned SEDA’s FiT quota mechanism to encourage long-term use of cleaner energy.

Last February, DAP secretary-general Lim Guan Eng said the system limiting energy producers to RM300 million on a first-come-first-served basis to each of the four renewable energy sources was not very efficient.

He pointed out that SEDA had invited the public, including households, and small-time IPPs who contributed up to 30MW, although it was limited to 5MW in solar PVs, to apply and book the amount of renewable energy intended for the national grid and suggested Malaysia learn from Germany.

Source: http://www.themalaysianinsider.com/malaysia/article/sideks-daughter-has-no-capital-and-no-track-record-says-pua/

民联揭获32%太阳能发电固打，称西迪哈山女儿公司无经验

这就是国阵55年治国带给人民的效绩 -- 国家财富都往朋党人士袋子塞，而人民却要付上吃西北风的代价。
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作者／刘伟鸿 2012年07月10日 2:22 pm 【本刊刘伟鸿撰述/摄影】 民联国会议员潘俭伟和努鲁依莎（Nurul Izzah Anwar） 揭露， 由前政府首席秘书西迪哈山（Mohd Sidek Hassan） 女儿通 过Sun Energy Ventures公司拥有的12间子公司， 获得介于1兆瓦 和5兆瓦（MW）发电领域的32.4%总太阳能发 电固打，违反永续能源 发展机构（SEDA）的透明、公平竞争 指南。 潘俭伟表示，在介于1兆瓦和5兆瓦发电领域中，“纸面上没有 任何 公司获得超过10%固打。”，但西迪哈山女儿苏兹哈山 （Suzi Hassan） 通过12间子公司，获得32.4%或45.9兆瓦 的固打。 他说，令他震惊的是，上述12间生产再循环能源公司，都是 在2010年 之后设立，而且都没有任何的相关发电经验。 来源： http://www.merdekareview.com/news_v2.php?n=25731

Pua: Voter survey shows failure of PM’s reforms

By Shazwan Mustafa Kamal

May 26, 2012

Pua said Najib still has the opportunity to make meaningful reforms to the electoral process before the next general election. — File pic

KUALA LUMPUR, May 26 — The latest Merdeka Center survey result is clear indication of Datuk Seri Najib Razak’s failure in executing his political reforms pledge, DAP MP Tony Pua has said.

The research house found that more than nine in 10 voters in peninsular Malaysia want the electoral roll cleaned up before the general election that must be called within the year, according to its survey conducted just days before tens of thousands joined the April 28 Bersih rally for free and fair polls.

DAP national publicity secretary Pua said the survey results were loud and clear, as only 44 per cent of the 1,019 registered voters surveyed were  “confident” that the electoral process was free from irregularity and only five per cent of respondents felt the voter roll did not need cleaning up before the next general election.

“Merdeka Center’s latest survey results [give] damning evidence that the people [have] lost faith in the country’s electoral system, despite the ‘best effort’ by the prime minister, Datuk Seri Najib Razak, to set a transformation agenda.

 “The results clearly showed that Malaysians have very little confidence in the half-hearted steps taken by the prime minister, which [were] intended to give a better perception of our electoral process,” he said in a statement today.

The survey also found that nearly half of the 1,019 registered voters surveyed believed the registry contained dubitable entries that included foreigners.

Pua took a swipe at the government’s Parliamentary Select Committee (PSC) on electoral reforms, saying the survey’s results demonstrated public distrust towards the panel.

Only 34 per cent thought the PSC was “a sincere effort” from the Barisan Nasional government “to reform” while 43 per cent thought it was an “attempt to cover up or divert public attention.

The Petaling Jaya Utara MP said the survey also “fully justified” Bersih’s reasons for having its third rally last month in the city capital.

“The prime minister will have the opportunity to pass new laws seeking a full transformation of the electoral process when the Parliament commences its sitting on June 11 before dissolving it for the next general election.

“Without true and thorough reforms from Datuk Seri Najib, he will fail to win legitimacy even if he were to win the vote count in the 13th GE as he will be seen as having won the elections through cheating and fraud, instead of via the support of the people,” Pua said.

 After last July’s Bersih demonstration, Najib announced a raft of reforms including a parliamentary panel to look into enhancing the electoral system over a period of six months.

However, early last month, Bersih called for another protest, saying the recently-concluded polls panel had fallen short of its demands, which include a cleaning of the electoral roll, postal voting reform, free access to media for all parties, and the use of indelible ink.

Although tens of thousands descended onto the capital last month, the event was marred by clashes between police and protestors.

This led the ruling Barisan Nasional (BN) to accuse the opposition of attempting a violent coup by hijacking the rally.

Source: http://www.themalaysianinsider.com/malaysia/article/dap-voter-survey-shows-failure-of-pms-reforms/