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Thinking Allowed

The Malaysian "Deep Throat"

AG It appears that all is not well on the legal front. The scandal over marks tampering in the CLP exams has led the guillotine to come down on director Khalid Yusoff now out on bail on such a charge. Marathon meetings were conducted by outgoing AG Ainum Mohd Saaid which apparently got to the bottom of the scandal. And now we’re in the midst of another one involving the replacement of the stoic Ainum herself by Abdul Gani Patail, dubiously famous for his performance during the Anwar trials.

Many questions have been asked but answers remain mired in the murky responses of a de facto law minister or worse, in the smirky smile of a prime minister, who tries to remain above the fray. The main questions of the episode that I want to pose are:

  • Why did Ainum resign after only 11 months on the job? She cited health reasons but speculations in the press pointed elsewhere. How true are these speculations?
  • How was Abdul Gani ‘appointed’ without the late Agong’s approval? The Dewan Rakyat speaker Mohamed Zahir said Gani was not ‘officially’ appointed but Rais Yatim seemed to differ.
  • Is Abdul Gani’s appoinment as AG acceptable?
Let me try to unravel a few puzzles in the episode first.

Ainum’s resignation for health reasons (a thyroid disorder) would have passed muster had it not been for rumours and press speculations that something had gone amiss in her previous tenure in the Securities Commissions. I hasten to stress that these were purely rumours which were likely floated by a party or parties which sought her resignation. The Malaysian Ambassador to the Netherlands, Noor Farida Ariffin, took great umbrage in a letter to Malaysiakini about how these rumours had sullied Ainum’s impeccable record in the legal service. Noor Farida being herself a senior insider of the service was only all too willing to attest to Ainum’s integrity and high standards of professionalism.

But here comes the interesting part of the episode. In these days of opaqueness and information scarcity about Malaysian goings-on behind the scenes, we have been blessed by the surfacing of a Malaysian “Deep Throat”.

Stephen Gan of Malaysiakini intimated in an editorial that a source of illumination on the mucky subject arrived on the night of Deepavali on his desk (or computer server, to be more exact). A succinct SMS message said, “AG to resign, Gani culprit” and was followed up with an e-mail by one “Abang Baik” (“Deep Throat” is my preferred lexicon). Deep Throat (DT) asserted boldly that the AG would resign on Monday (Nov. 31) and she did! She would resign for health reasons. She did! He also said she would be replaced by Abdul Gani. She was!

Much earlier before the event, the press were eagerly seeking information to confirm this but could not corner Ainum nor the law minister for definite answers. The Star reported that Rais Yatim said there would be changes in the AG's chambers, followed by Straits Times speculating that Abdul Gani would be the new AG but DT was way ahead of the Press.

Gan intimates there was much more to DT’s e-mail but here, unfortunately, we’re in the realm of conjecture since we cannot confirm this. I repeat we cannot confirm this. But what DT purportedly revealed was dynamite! He alleged that it was a conspiracy that brought down Ainum, hatched by high-ranking officials whom he named. Ainum was allegedly asked to step down and ‘advised’ to resign for ‘health reasons’.

Wow! What a story! Now you know why Abang Baik should be called “Deep Throat”. These kinds of scandals can bring down governments! Were it not for a Deep Throat in the Watergate Scandal, Richard Nixon would remain in the annals of history as a great American president. Could a “Malaysian Watergate” ever bring down a prime minister? We still await such a day. Now, to return to the main storyline…

In the light of the above, Abdul Gani’s supposed appointment in indecent haste as AG must surely remain problematic. Already Lim Kit Siang has called for Ainum’s reinstatement as AG so that she can finish her two-year term. Citing her gruelling work over the CLP fiasco, Kit Siang avers that health should not be an insurmountable factor here. Secondly, no proof whatsoever of any wrongdoing in her days at the Security Commission has been brought to light. These remain as mere unsubstantiated allegations most probably perpetrated by the “conspirators.”

As for Abdul Gani, given such a litany of misgivings, misinformation and missteps over his current ‘appointment’, the decent thing to do would be to step aside first before whatever is left of his reputation dissipates entirely. Furthermore, Rais Yatim should not make such a spectacle of himself by virtually pleading with the Dewan Rakyat to let the government go ahead with Abdul Gani’s appointment, especially given the speaker’s opinion on the subject. He should, with some dignity, hold back the appointment and keep making excuses for putting the cart before the horse. But in all likelihood my suggestions above would be academic when this goes to print, but it’s important nonetheless to put them on record.

Meanwhile, on the positive side of the ledger, we have some cause to celebrate for the surfacing of a Malaysian Deep Throat. May more brave Malaysians come forth to foil the nefarious schemes of those in authority whose actions have increasingly become more and more questionable, unethical and cynical. Anonymity is no crime if truth is the object.

Rumpus on the Campus

They’re at it again – meddling with campus politics. But this time it’s not your usual knee-jerk response of direct clamping down on dissidents. It’s more sinister than that. It’s a concerted orchestration of student elections to the various university student representative councils (MPPs). Piecing together the various bits of information, I gathered that the usual screening of candidates has become more stringent, including using a student’s academic standing to determine if he or she is eligible to stand. This is a job traditionally handled by the HEP (student affairs) department but more definite input seems now to be coming from the government itself.

students The reason for this new round of interference is obvious. Ever since Reformasi, students have been suspect as a major sector of support. Puteri UMNO as we once noted in the column tried a few ruses to get students on its side but this appears to have been a bit of a flop. Many of the councils are still controlled by Islamic and reformasi-minded students.

So, when student elections were conducted - and mind you they were being conducted simultaneously as far as we know for the first time - the Malay media characterised candidates and the resultant councils as either pro-kerajaan (pro-government) or pro–pembangkang (pro-oppositon). Yep, campus politics is now a microcosm of national politics. So, how fared the two opposing forces this time?

According to Utusan Malaysia, six institutes of higher education are now pro-government and seven are pro-opposition. Of course, university spokesmen vehemently deny this.

Among the more prominent, Universiti Utara Malaysia (UUM), Universiti Teknologi Mara (UiTM) and Kolej Tun Hussein Onn, Universiti Sabah Malaysia (UMS) are now said to be in government control. On the other hand, Universiti Malaya (UM), Universiti Teknologi Malaysia (UTM), Universiti Kebangsaan Malaysia (UKM) and Universiti Sains Malaysia (USM) continue to be controlled by the opposition.

There’s surely cause for alarm for the government, then. Despite all the best efforts of the campus ‘Pak Turut’ to skew student politics in the governmental direction, only the newer universities seem to have succumbed to such pressures.

The student elections episode came close on the heels of the infamous remark by a Penang politician who said he was privy to an alleged list of USM lecturers who supported the opposition. The man had the temerity to imply that the VC should take some sort of action against these lecturers. The president of the staff association roundly condemned the politician’s interference as an affront to academic freedom but it worries me that academic freedom may become academic one day. Rumour has it that all university lecturers will soon be required to sign some sort of oath of loyalty to the government. “Sign or resign” seems to be the new motto on campuses!

“Sign” was exactly what a delegation of students representatives did when they met the prime minister for a supposed “dialogue”. As the prime minister arrived late, the group had to go ahead with breaking fast, followed by prayers and the dialogue was conveniently avoided. Instead the event became a ruse for the students to sign prepared oaths of loyalty to the government!

The Nameless

Speaking of which, can anybody apart from the education minister and his officers running the higher education department, tell us the names of today’s VCs? Okay, the students, faculty and administrative staff of a particular university will be able to tell us who their VC is. But apart from him (hint, hint, they’re all males) can they name another VC? Wonder why their names are so difficult to come by?

True, most have only been appointed these past years. But it’s also true that most, prior to their appointments, had not been particularly outstanding academicians either. Nor have we heard of any of them making a scientific discovery, authoring an outstanding book, or contributing substantively to any recent debate on a matter of public interest since their appointments. It’s really unfair on our part then to expect them to prioritise academic matters and to restore a climate of serious scholarship in our universities. After all, they were not appointed to do that. Their main task is to assist the authorities to hold the fort, come what may. And they do have the necessary credentials for that: dependable, loyal, trustworthy. Like those loyal and dependable top civil servants, so too the VCs remain nameless. Who can name the top officer in communications? or immigration? or human resources?

Admittedly, there’s this chap in this university bordering Thailand whose name might ring a bell. His outlandish claims that the universities have been overrun by anti-government students and staff have gained him much press and projected him as a model VC, although what’s-his-name has been taking to his task more like a security officer rather than an innocuous administrator, let alone an academic.

And all right, some might have also heard of this other new VC who’s getting into the news too. Most recently he outlined plans on how he intended to make his university a ‘more healthy place’ – with clean toilets mind you – as well as more ‘student-friendly’ even though his university, too, had been ferreting out unbecoming students who had allegedly contravened the Universities and University Colleges Act. How so? By issuing press statements, demonstrating and possessing anti-ISA badges apparently. Now that’s really doublespeak ! His plans for improving academic standards remain as yet unveiled. With VCs like these, who needs politicians and the police!

It’s hard not to fear the rapid slide of our universities into abysmal mediocrity when the very essence of a university’s intellectual climate is denied by the actions of the government and those who command positions of authority from VCs down to Department heads.

In the land of "Zimmis"

islam The controversy continues to rage over Mahathir’s declaration of Malaysia as “Negara Islam” (Islamic state). The latest episode at the time of writing concerns the government’s withdrawal of its booklet “Malaysia as an Islamic State”. It’s not entirely clear why the booklet was withdrawn but the official reason has been that it “caused harm.” Let’s try to get beneath this classic epitome of opaqueness delivered by the deputy information minister Mohd Khalid Yunus.

First, the booklet in its psychedelic, orangey cover depicted an aeroplane speeding away from a mosque in the background. Wonderful graphics, especially given the terror attacks on the WTC twin towers!! The meek explanation came quickly that the booklet was conceived long before September 11. Still, what a tacky cover! What’s it supposed to convey – an Islamic state in which ‘technology’ is not taboo but represents the means to take us forward into a brave new world? If so, the plane is a poor metaphor when the national airline MAS has virtually hit rock bottom these days!

The more serious reason for withdrawal may only be surmised as something to do with the term “zimmi” (sometimes spelled, dhimmi). The DAP has urged the government to withdraw the booklet because in an Islamic state, non-Muslims are conceived as zimmis (or zimma), who are obliged to pledge loyalty to the state in lieu of its protection. Already some analysts have pointed out that the zimmi notion denotes a second-class citizenship. As Patricia Martinez has suggested in an article for Malaysiakini, policies with respect to zimmis in an Islamic state (deduced from the writings of Al-Marwadi) could include the following:

  1. identify their appearance by wearing the distinguishing badge and tightened belt;
  2. not build structures that are higher than the Muslims’;
  3. not allow bell-ringing, the chanting of their scriptures, or their sayings to reach Muslim ears;
  4. not display in public their wine-drinking, crosses and swine;
  5. conceal the burying of their dead and not publicly voice their wailing and mourning, and;
  6. be prohibited from riding horses, whether thoroughbred or crossbred, but not from riding mules and donkeys.
Given the above, it seems imperative for the government to explain whether an application of the zimmi concept will contravene the Malaysian constitution or not and if so how could it be modified if at all to accommodate the current reality and constitutional rights of all citizens. A re-interpretation could turn out to be quite amusing. Take the case of the ruling on horses, mules and donkeys. Presumably, in this day and age in Malaysia, Muslims will be allowed to buy cars such as Mercedes and BMWs but non-Muslims will have to be satisfied with Protons and Kancils!

It’s clear that Mahathir’s one-upmanship vis-à-vis PAS has led to its current mess of pronouncing Malaysia an Islamic state. In a multicultural society such as ours, it’s unethical and downright wrong to put out government documents with profound implications for the country’s various communities without prior consultation.

Stressed Out

‘Stressed Out!’ These were the words used by this architect-urban planner to describe Penang when he recently visited. The poor little island was simply carrying too much traffic, noise and pollution. In the narrow streets of the inner city, the entire stretch of Green Lane, Jalan Air Itam, the Bayan Baru vicinity, and all the way from Tanjong Tokong to Batu Feringghi, it was chock-a-block. Penangites and visitors were getting impatient and knocking into another which led to more stress. It didn’t help that road constructions were underway in Tanjong Bungah and Bayan Baru. Or that they were still digging to lay new water pipes in so many places.

Not only was there stress trying to get from one place to another. Once one got there – the Botanical Gardens, Gurney Drive, Kek Lok Si, hawker-food haunts or shopping malls – one could not find an empty parking spot. Many therefore resorted to parking up the curbs, alongside yellow lines, and double-parking too.

There were other tell-tale signs of breakdown. Because of the repeal of the Rent Control Act, numerous houses in the inner city now stood empty and were fast getting dilapidated while some of their former occupants now lived in the five-foot ways. Try looking for a public toilet and what you get in Gurney Drive for example is a portable box issuing foul smells and much besides. Go to the beach and find it crowded as well as strewn with plastic bags, bottles, and styrofoam food containers. Try swimming in the polluted waters if you dare.

Just a month earlier the State Assembly had sat and the future development plans of Penang were tabled. There was some debate about those plans and much hype about the CM’s plans to move the administrative center out of Komtar to Bayan Baru, touted as Penang’s mini-Putrajaya. Such a move might ease the woes of the political elite who now have to negotiate the inner-city traffic. But it does not resolve the island’s traffic problem whatsoever. It will probably worsen the inner city blight instead, as businesses and trades follow the politicians and administrators away. Sadly, there was no comprehensive transportation plan presented, and no serious querying by the Assemblymen (except for three all from the BN) about its absence. Nothing serious was asked, and so no concrete plans offered on how the public transport system might be improved. Given such serious stress now, wouldn’t the construction of a Third Link, whether in the northern or southern part of the island simply bring about a breakdown? Surely there’s a good overview of the problem from the upper reaches of Komtar. Or have the politicians become so accustomed to looking down on us that they have become impervious to recognizing how stressed out Penangites are?

D.L. Daun

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