YB V. Sivakumar : Let’s Move On Approving The SRJK (T) Gunung Rapat’s Land Application

MEDIA STATEMENT BY YB V.SIVAKUMAR, ADUN TRONOH, DAP PERAK DEPUTY CHAIRMAN, ON 10TH OCTOBER 2011 ON

LET’S MOVE ON APPROVING THE SRJK (T) GUNUNG RAPAT’S LAND APPLICATION

Referring Dato’ S. Veerasingam’s to media statement in the Tamil daily Makkal Osai on 10th October 2011, I would like to stress to him that the SRJK (T) Gunung Rapat’s land application is not a new application. This matter has been dangling for many years. What is MIC doing all these while on this matter? Are they sleeping with silent snores on it?

Because of MIC’s total inefficiency, the school’s 2 (two) other land applications which were initially applied, had not been successful.

The latest application was made in April 2011 and now it is October 2011. Why does it take a very long duration to work on this issue? When many hundreds and thousands of acres of lands can be issued in various places, why can’t SRJK (T) Gunung Rapat’s be issued and approve a 4-acre land in a period of 6-months’ time? This clearly shows that MIC is good for nothing. As what as Dato’ S. Veerasingam said proudly, the file pertaining the school’s land matter is at the Land Office, but why is it moving slower than a tortoise?

The recent land which was identified and applied by the PIBG, had been physically constructed by Majlis Bandaraya Ipoh with, some kiosks and a walking track. Has Dato’ S. Veerasingam visited this land recently? Now, with these structures been set up at this land, it will definitely be an excellent excuse to be given as a reason to the school. The school’s authorities will be told to identify another land and submit the application as usual. There will be repentance in the procedure which will be back as status quo. In the long run, with the entire process takes place as a roller-coaster, the school will not be able to get any piece of land for its own in the near future.

I am worried that the MIC leaders will do nothing about it. This worry had led me to call for the peaceful demonstration. There is no bad intention as what was mentioned by Dato’ S. Veerasingam.

The recent peaceful demonstration held was to highlight the issue to the entire nation so that a special attention will be given to this particular application. The news had been captured widely in the local media. And I am glad to say that it was a fruitful occasion for the school itself because I was told that now, the Ministry of Education has asked the school’s authorities to provide full information on what is actually going on about the land matter. At least now, after by the lit up of firecracker at it’s tail, the tortoise has begun to move a little faster.

The Perak MIC should be ashamed when the MCA president, Datuk Seri Dr. Chua Soi Lek had announced that he will help to get a piece of land for the SRJK (T) Gunung Rapat school. It is a transparent indication that the MIC had failed and MCA daringly wants to put their head in and work on this Tamil school matter.
How long does Dato’ S. Veerasingam and Perak State Government needs to approve a small piece of land to the SRJK (T) Gunung Rapat school? Can it be resolved in the next 3 weeks?

I call upon Dato’ S. Veerasingam to give us the details of what work has been done so far pertaining the SRJK (T) Gunung Rapat land application matter apart from sending that 1(one) letter? Please tell us in which stage is the land matter now? Is it in the initial, middle or the final stage?

MIC constantly shouts its favourite team chant “continuously put in effort”.

But I do not understand Dato S’ Veerasingam’s remarks, ‘put in effort’ or ‘work on it’ as though the land belongs to some foreigners. I would like to remind him that this piece of land belongs to the Perak State Government and can be approved by the state immediately. The statement by Dato’ S. Veerasingam undoubtedly shows that he is helpless and powerless in the Perak State Government.

I am sure that if Pakatan Rakyat comes into power, we will solve this issue within 2(two) months. I will personally take the responsibility on completing this Tamil school matter within the said period.


YB V. SIVAKUMAR
ADUN TRONOH
10 OCTOBER 2011

Tun Zaki’s admission nullifies Federal Court Judgment.

PRESS STATEMENT BY YB V.SIVAKUMAR

-  Tun Zaki’s admission nullifies Federal Court Judgments relating to rulings by Speaker of Perak Assembly [(a) suspension of Zambry and others; and (b) the refusal by Election Commission to hold by-elections relating to Jelapang, Behrang and Changkat Jering]

Supreme Court ruling in 1988 holds that all sittings not convened by CJ are illegal

1.              According to Hashim Yeop Sani, CJ (Malaya), in Malaysian Bar v Tan Sri Abdul Hamid Omar (1989) 2 MLJ 281 at 282, any sitting convened by any other Judge other than the Chief Justice is not a lawfully constituted court.  Reference was also made to the Tribunal Report against the five Judges that their sitting was “illegal and without jurisdiction.”

2.              The Federal Court ruled that the Supreme Court which sat on 2 July 1988 was convened in contravention of ss 38 and 39 of the Courts of Judicature Act and in the result the court was not a lawfully constituted court and so has no jurisdiction to make the purported order for interim stay.

3.              Likewise, a panel not properly constituted by Zaki cannot make any proper orders.  The equivalent provisions today are ss 74 and 75 of the Courts of Judicature Act, 1964:-

74 (1) … every proceeding in the Federal Court shall be heard and disposed of by three Judges or such greater uneven number of Judges as the Chief Justice may in any particular case determine.

75 (1) The Court shall sit on such dates and at such places as the Chief Justice may from   time to time appoint.

Suspension of Zambry and Exco

4.              Tun Zaki J, retired Chief Justice admitted on 21.9.2011 that he did not convene or select the Judges for cases relating to the Perak crisis.  He told Malaysiakini “In Sivakumar’s case, as I said, I did not constitute the panel.   I do not know whether the President of the Court of Appeal (Alauddin) consulted with then Chief Judge of Malaya (Arifin Zakaria).”  A suit in question is Zambry Abd Kadir & ors v myself and the Attorney-General as Intervener vide Notice of Motion No. 06-64-2009 (A).

5.              The Judges who sat were Alauddin Mohd Sheriff PCA, Arifin Zakaria CJ, Nik Hashim FCJ, Augustine Paul FCJ, and Zulkefli Makinuddin FCJ.

6.              The Court held that the Committee of Powers and Privileges had no power to suspend the Menteri Besar and his EXCO.

Refusal by Election Commission to hold by–elections

7.              Another such hearing affected by Tun Zaki’s admission is the Federal Court Application vide Notice of Motion No. 06-3-2009 (A) filed by Jamaluddin, Osman and Hee Yit Foong and heard by Alauddin Mohd Sheriff PCA, Arifin Zakaria CJ, Nik Hashim FCJ, Augustine Paul FCJ and James Foong FCJ on 8.6.2009. 

8.              That application asked the Federal Court to set aside my ruling that the seats of Changkat Jering, Behrang and Jelapang were vacant.  As I was then the Speaker, I had accepted the resignations of the assembly persons namely, Jamaluddin, Osman and Hee Yit Foong

9.              As the Federal Court judgments are now undeniably bad, all rulings made by me as Speaker must stand.  Therefore, the seats of Changkat Jering, Behrang and Jelapang are vacant and the suspensions should not have been set aside.

All State Assembly sittings after 3^rd March 2009 are illegal

10.           By reason of the illegal sittings of the Federal Court I am still the Speaker of the Perak State Assembly and the recent admission by Zaki reinforces my stand.  As I did not preside in sittings called by Zambry, those sittings are unlawful.  The last valid sitting was the one under the tree on 3.3.2009.

11.           Therefore, regardless of whether I was physically evicted from my chair on 7.5.2009, the legal position is that the Perak Assembly sittings were attended by persons who should not be present.

12.           After all, they had acted as they did by relying on the void judgments of the Federal Court.

13.           The entire legal basis relied upon by Zambry to hold the Assembly sittings on 7.5.2009 and other sittings have now collapsed in view of the admission by Tun Zaki that he did not empanel the Judges. 

Zambry and EXCO must vacate their seats

14.           This illegal Menteri Besar and his EXCO should step down to prevent further embarrassment and hardship to the people of Perak.

15.           I call on them to respect the law.   A copy of the Federal Court Judgment is annexed.

YB V.SIVAKUMAR

ADUN Tronoh

8.10.2011

Media Statement by YB V.Sivakumar, Tronoh State Assemblyman on 22/9/2011.

Tamil Schools In Perak

Out of 523 schools in Malaysia, Perak has the highest number of Tamil schools with a number of 134 schools. There is 25% of Tamil schools in Perak and 65% of the schools are in the estate.

Issues:

1.     Due to economic reasons and limited job opportunities, the Indians have left the estate and moved to urban areas. This had reasoned the under-enrollment of students in Tamil schools is unavoidable.

2.     So, how will the community and MIC going to safeguard the Tamil Schools?

3.     For the past 3 years, Dato’ Veerasingam had been saying that the MIC had identified lands here and there but there is no constructive work has been materialized.

4.     In many meetings, Dato’ Veerasingam said they have identified new sites for these Tamil Schools :

a) Gunung Rapat

b) Jelapang

c) Langkap 

d) Sungai Siput 

e) Changkat Salak

-       but there has been nothing concrete taken place as at-to-date.

  - Has MIC secured the so-called identified lands and has it been gazette for the schools. Hope it is not simply an empty promise for the coming general elections.

  - Can Dato’ Veerasingam ask the state EXCO to pass an order to gazette those lands which they said had identified? It has to be done immediately before the general elections.

5.   Can MIC Perak come out with a blue-print for the Tamil schools in Perak?

YB V.Sivakumar

ADUN Tronoh