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Showing posts with label Anwar Ibrahim. Show all posts
Showing posts with label Anwar Ibrahim. Show all posts

Sunday, February 26, 2023

Malaysian Budget 2023 revised up to RM388.1bil, GDP to grow 4.5% in 2023 from the expanded 8.7% in 2022

Budget 2023 revised up to RM388.1bil, GDP growth at 4.5%

KUALA LUMPUR: Budget 2023 is revised upward to RM386.1 billion, making it the largest allocation in Malaysia’s history, as the government continues to provide support to steer the economy, according to the Ministry of Finance (MoF).

The budget allocation is an upward revision from the RM372.3 billion budget tabled by the previous government in October 2022, which could not be passed before Parliament was dissolved.

In its Updates on Economic & Fiscal Outlook and Revenue Estimates 2023 report released today, the ministry said of the amount, 74.8 per cent will be utilised for operating expenditure while the remaining 25.2 per cent is for development expenditure.

A substantial allocation of 23.5 per cent will be provided for emoluments, subsidies and social assistance (15.2 per cent), economic (14.3 per cent), debt service charges (11.9 per cent), supplies and services (8.3 per cent), retirement charges (8.0 per cent), social (6.9 per cent), security (3.0 per cent), grants and transfers to state governments (2.1 per cent), general administration (1.0 per cent) and others (5.8 per cent).

MoF said funding for Budget 2023 will be sourced from income tax totalling 39.9 per cent of the total allocation, borrowings and use of government’s assets (24.5 per cent), non-tax revenue (19 per cent), indirect tax (14 per cent) and other direct tax (2.6 per cent).

Prime Minister and Finance Minister Datuk Seri Anwar Ibrahim said Budget 2023 will focus on addressing the high cost of living, further strengthening the social safety net and enhancing the micro, small and medium enterprises (MSMEs) eco-system.

He said the government will also examine ways and means to reduce market disruptions as well as streamline business processes through the adoption of high technology and digitalisation.

"The government is committed to protecting the livelihood of the rakyat, upholding integrity, enhancing a caring and compassionate society, as well as improving the effectiveness of public and private sector delivery systems.

"These commitments can be achieved through a methodical approach focused on the aspect of thought, spirituality and infrastructure, which is centred on the framework of Malaysia Madani that focuses on shaping the future of the nation and realising its full potential,” he said.

Malaysia Madani framework is supported by six core values -- sustainability, prosperity, innovation, respect, trust, and lastly, care and compassion.

After Anwar was sworn in, the Dewan Rakyat had, on Dec 20, 2022, passed a RM163.7 billion temporary operating budget to allow the government to spend a portion of the total estimated expenses during the months prior to the retabling and passing of the Supply Bill for 2023.

The amount includes RM107.7 billion, which is from the Consolidated Fund, to pay for emoluments and aid for the first six months of 2023, and RM55.96 billion from the Development Fund to fund the ongoing development projects.

Moderate 2023 GDP Growth

Anwar said Malaysia’s gross domestic product (GDP) is poised to record a growth of approximately 4.5 per cent in 2023, backed by the nation’s sound macroeconomic fundamentals, robust domestic demand coupled with the effective implementation of the 12th Malaysia Plan (12MP).

With the transition to the endemic phase and the reopening of international borders, Malaysia has seen an increase in tourist arrivals as well as trade and business activities, contributing towards a steady recovery, especially in the services sector, he said.

"2023 is expected to be a challenging year. The government will continue to be vigilant of economic headwinds as well as any potential geopolitical conflict in order to devise the appropriate strategies and actions,” the Prime Minister said.

The report indicated that the services sector will continue to steer growth in 2023, expanding by 5.3 per cent on the back of better domestic demand buoyed by wholesale and retail trade, transportation and storage, information and communication, food and beverages and accommodation, and finance and insurance subsectors.

Anwar also said the government remains steadfast in balancing the need to safeguard the well-being of the rakyat and the nation while ensuring a sound and sustainable fiscal position.

This is crucial in maintaining the high standing of the country's sovereign ratings and to ensure the country’s premier position as an investor- and business-friendly country, especially in creating and attracting high value-added investments to achieve quality and inclusive growth, he said.

MoF said the acceleration of infrastructure projects with high multiplier effects, robust growth in private investment and continuous external demand particularly among major trading partners will further support the economy.

It also said the contribution of the tourism-related sector is expected to improve following an increase in tourist arrivals.

"Looking ahead, efforts will be intensified to position Malaysia as a major investment destination. Various measures will be implemented to uplift and enhance the economic potential for Malaysia to become more competitive, sustainable and inclusive,” it said.

It added that the government will continue to provide counter-cyclical policy support as well as expedite structural reforms to strengthen the country's growth prospects and resilience.

As for trade, the total trade is expected to expand further to RM2.887 trillion in 2023, with an estimated surplus of RM264.33 billion.

Strict Fiscal Discipline

Anwar said the government will prioritise strengthening the governance ecosystem at all levels to increase public trust in government institutions.

This initiative will focus on transparency, integrity and efficiency, particularly in government procurement, good governance, and the developmental role of government-linked companies (GLCs) and parliamentary institutions, he said.

He also said various initiatives have been identified to address issues related to public finances, including exploring new sources of sustainable revenue and minimising leakages.

"In achieving these initiatives, the government will prioritise on public expenditure review while ensuring debt sustainability and enhancing public spending efficiency in the long run.

"These measures will improve the nation's fiscal flexibility, allowing the government to implement counter-cyclical measures and maintain our economic resilience,” he said.

According to MoF, the fiscal deficit is expected to consolidate further to 5.0 per cent of GDP, to -RM93.94 billion from -RM99.48 billion in 2022.

Stellar 2022 Performance

Despite the softened global growth and escalating inflationary pressure, the Malaysian economy has performed better-than-expected in 2022, spearheaded by strong domestic demand and higher export performance in the aftermath of the COVID-19 pandemic.

Anwar said the country’s economic growth outperformed regional and global trends, rebounding to the pre-crisis level of 8.7 per cent, thanks to the swift policy responses and strong economic fundamentals.

MoF said in the report that growth in 2022 was anchored by the services sector, which grew by 10.9 per cent and contributed 58.2 per cent share to the GDP, mainly supported by the wholesale and retail trade, transportation and storage, as well as real estate and business services sub-sectors.

It said the manufacturing sector grew by 8.1 per cent with 24.2 per cent contribution to the GDP, while agriculture (0.1 per cent/6.6 per cent), mining (3.4 per cent/6.4 per cent), and construction (5.0 per cent/3.5 per cent).

The growth was also attributed to robust external demand, especially among Malaysia’s major trading partners, which resulted in a 27.8 per cent increment to RM2.848 trillion total trade last year. Similarly, the trade surplus expanded by 0.6 per cent to RM255.1 billion. - Bernama
 
 

Restoring confidence Largest one in M’sian history heralds overhaul of country’s finances

Prime Minister Datuk Seri Anwar Ibrahim has unveiled a Rm388bil Budget, the largest in Malaysian history, and one that is inclusive and holistic as well. His approach to dishing out goodies is novel, taking care of priority areas while also setting the country up for a financial overhaul.

Budget 2023 will be based on three thrusts, that is spurring the economy, reforming institutions to ensure investor confidence and ensuring social justice to balance inequality. Prime Minister and Finance Minister Datuk Seri Anwar Ibrahim

PETALING JAYA: Budget 2023, unlike many earlier ones, is not one that is a continuation of promises laid out in larger umbrella plans like the Malaysia Plans.

Instead, it is a unique creation under Prime Minister Datuk Seri Anwar Ibrahim’s Malaysia Madani concept, which is a manifestation of the more inclusive approach promoted by the unity government.

The Rm388.1bil budget is the largest in Malaysian history, with Rm97bil being earmarked for development expenditure, also the highest allocation yet.

While the government has been drumming home a message about the mounting debts of the Federal Government, why did it propose such a huge spending Bill?

The answer lies in government taxes, which rose strongly last year to Rm294.4bil due to much stronger economic growth than forecast. With the economy clocking an 8.7% growth rate, tax collection will mirror the performance.

Still, there will be a relatively high deficit in the budget at 5% of GDP. This, however, will be less than an earlier estimate of 5.5%.

The plan is to bring it down to 3.2% by 2025. That debt reduction schedule is going in the right direction.

Higher tax revenues are only part of the cash-raising proposals. Asking the well-heeled populace to foot their fair share of tax revenue is a good step.

High-income earners are not going to make too much of a fuss about paying their fair share in raising government finances. It was also good that vape and e-liquids be subjected to tax.

It is a huge grey area that has flourished without government control. The best thing now is to tax such products as they are substitutes for cigarettes and basically perform the same function.

Then there is the tax on sale of shares in unlisted companies. This is basically a capital gains tax on unlisted companies that sell their business for a profit. This will also be an equitable approach.

It is not an inheritance tax, but just a case of the government taking a slice for enabling companies to sell their assets at a profit. Maybe it is a different approach from the prosperity tax (or windfall tax), but in an era of high indebtedness by countries and greater calls for progressive taxes, such a tax was inevitable.

The tax on luxury goods will have to be balanced against the need to maintain tourism receipts. Will this put off potential tourists given that Malaysia is one of the cheapest destinations for luxury goods? The devil will be in the details. Budget 2023 also reflects a different approach to addressing the issues of the past.

The usual ministries received an allocation bump and for good reason, but with a twist. Healthcare got a raise but there is acknowledgement that fixing the bottlenecks will use “the whole of nation” approach with spare beds and doctors from university and army hospitals, along with private hospitals, being utilised.

The move to tackle the problem of the hardcore poor is to be applauded. The call to alleviate the scourge of poverty within a year is formidable, but for Malaysia, which is on the cusp of high-income nation status, having 130,000 people on the wrong side of the poverty line is a shame.

Fixing the amenities at schools fast is also an urgent need, thus the increased allocation for the Education Ministry.

Defence too got higher allocations, as these are the basic foundations of any country.

The caring side of the budget was shown when it looked to help micro, small and medium enterprise sectors. These small companies employ a lot of people, and for them to get a tax deduction will go some way towards helping to shore up their finances.

The overall tone of Budget 2023 was appropriate.

It showed care and compassion for a large cross section of Malaysians. It is surely the start of an overhaul of the country’s finances as we head towards a national revitalisation over the next few years

By the Star Malaysia25 Feb 2023By JAGDEV SINGH SIDHU jagdev@thestar.com.my 

 

Highlights of Budget 2023/Belanjawan 2023


1. Bankrupts with debts of less than RM50,000 who fulfil certain requirements will be released from bankruptcy on March 1. This is expected to benefit 130,000 people.
2. The government will amend the Insolvency Act 1967 to release bankrupts automatically.
3. Bank Negara will allow consumers to freeze their accounts should they detect any suspicious activities.
4. RM10 million to support the National Scam Response Centre.
5. A special task force to reform government agencies, known as STAR, will be set up. It will be led by the chief secretary to the government.
6. Malaysian Road Records Information System (Marris) allocations increased to RM5.2 billion.
7. RM50 million to install lampposts in accident-prone areas.
8. Government will use district engineers to speed up the repairing of federal roads.
9. RM2.7 billion to repair and upgrade federal roads.
10. RM1.2 billion to repair 400 dilapidated clinics and 380 dilapidated schools.
11. The government plans to table amendments to the Whistleblowers Act to better protect whistleblowers.
12. The government plans to table the Government Procurement Act.
13. Government procurement must be transparent. RM22 billion worth of contracts linked to flood mitigation projects and the Jana Wibawa project were awarded via direct negotiation.
14. Private sector to establish a “Madani wakaf” involving assets worth more than RM1 billion.
15. The government will increase the availability of Islamic financing.
16. The government will also support the plans for the private sector to develop a port in Pulau Carey.
17. The government will support the development of the Sanglang port in Perlis.
18. Putrajaya to expand Subang and Penang airports to attract investments. This is more economical than the proposed construction of a RM7 billion airport in Kulim, says the prime minister.
19. The Tun Razak Exchange will become the country’s international financial hub.
20. Bank Pembangunan Malaysia Berhad to provide RM6 billion in strategic funding to encourage automation.
21. Tax incentives for aerospace industry will be extended to Dec 31, 2025.
22. Tax incentives for manufacturers to move operations to Malaysia will be extended to 2024.
23. The government will introduce a New Industry Master Plan 2030. This will include the restructuring of investment incentives.
24. The government will give incentives to local councils that make it easier for businesses to be set up.
25. Government proposes extending the Green Investment Tax Allowance (GITA) and Green Income Tax Exemption (GITE) incentives until Dec 31, 2025.
26. Bank Negara to provide RM2 billion in loans to support green technology startups and help SMEs embrace low-carbon practices.
27. RM50 million to increase the number of wildlife rangers to 1,500 people.
28. RM38 million allocated to protect endangered wildlife including tigers and elephants.
29. The government will increase allocations given to states to preserve forests from RM70 million a year to RM150 million a year.
30. RM50 million for the armed forces, fire and rescue department, and Rela to prepare for natural disasters.
31. RM150 million for Nadma to prepare for natural disasters.
32. Six flood mitigation projects will be re-tendered.
33. Anwar gave the example of flood mitigation projects. He said the government could have saved RM2 billion for the projects awarded by the previous government.
34. High impact projects must be awarded via tenders to ensure the government enjoys the best value and savings.
35. Bank Negara to provide nearly RM10 billion in loans for SMEs.
36. Government to waive driving test fees for taxi, bus, e-hailing and B2 motorcycle licenses.
37. Syarikat Jaminan Pembiayaan Perniagaan will provide RM20 billion in loans to SMEs in high value sectors.
38. RM1.7 billion in loan facilities under Bank Negara, BSN and TEKUN.
39. Government agencies to provide RM40 billion in loan facilities for MSMEs.
40. RM176 million to upgrade business premises and facilities under Mara, DBKL, PUNB and UDA.
41. RM50 million to build and upgrade 3,000 stalls and kiosks nationwide
42. Income tax for micro SMEs reduced from 17% to 15% for the first RM150,000.
43. The government will incentivise self declaration for income tax arrears beginning June 1.
44. Half of revenue from excise duties collected under the Generational Endgame (GEG) law will be channelled to the health ministry.
45. Putrajaya to introduce excise duties on vape and e-cigarette liquids containing nicotine.
46. The government will study the possibility of introducing a capital gains tax from 2024.
47. The government will introduce wealth tax. Luxury watches and goods will be taxed.
48. The government will maintain electricity subsidies for all domestic users and SMEs.
49. Lower income Amanah Saham Bumiputera (ASB) contributors will be given more dividends.
50. The government will table a Fiscal Responsibility Act in Parliament this year to ensure better management of the economy in the future.
51. Government aims to reduce fiscal deficit to 5% this year, compared to 5.6% in 2022.
52. Government aims to collect RM291.5 billion in revenue, a decrease compared to RM294.4 billion in 2022.

Budget 2023 highlights

Budget 2023; Highlights from updates on economic & fiscal outlook
and revenue estimates 2023

GDP to grow 4.5% in 2023 

 

PETALING JAYA: The Malaysian economy is projected to grow by 4.5% in 2023, even as the World Bank warned about the global economy being “perilously close” to falling into recession this year.

In the first section of the 2023 Economic Report, the Finance Ministry said all economic sectors are expected to remain in the positive growth trajectory in 2023, driven by the services and manufacturing sectors.

Other sectors, namely agriculture, mining and construction - which remained below pre-pandemic levels as of 2022 - are also expected to grow further in line with the improvement in economic activities.

“However, downside risks such as prolonged geopolitical conflict, climate-related disasters and persistently high inflation are expected to further hamper the global economic growth, hence, affecting Malaysia's performance.

Overall, the nation’s gross domestic product (GDP) is forecast to grow approximately 4.5% in 2023,” the ministry said.

Earlier this month, Bank Negara said the economy could grow by 4% to 5% this year. In 2022, the GDP expanded by 8.7% - the strongest growth since 2000.

The growth in 2023 would be mainly supported by steady domestic demand primarily private expenditure as well as initiatives under Budget 2023 and development expenditure under the 12th Malaysia Plan 2021-2025.

“However, a slowdown in external demand is expected to moderate exports growth, particularly in the electrical and electronic products and major commodities,” the Finance Ministry said.

The ministry projects the local services sector’s GDP to expand by 5.3% in 2023, down from a growth of 10.9% last year.

Manufacturing growth was forecast at 3.9% this year, as compared to 8.1% in 2022.

It is noteworthy that last year’s strong growth rate was largely attributed to the low-base effect as the economy was still impacted by Covid-19-related restrictions in 2021.

The mining sector is also forecast to record a slower growth next year by 1.2%, as compared to 3.4% in 2022.

However, the agriculture and construction sectors are projected to witness stronger growth rates, at 1.1% and 6.1% respectively.

In 2022, the agriculture sector’s GDP grew by a mere 0.1% and the construction sector expanded by 5%.

Commenting on the global growth, the Finance Ministry said the world economy is expected to further soften in 2023 at 2.9%.

The global economy would be weighed down by persistent pressures such as inflation, tightening global financial conditions and economic deceleration among major economies. 

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Budget 2023: An inspiring budget for all - New Straits Times

 

 Related post:

Malaysian Budget 2023 RM372.3bil from last year’s RM332.1bil

(Original)   

Saturday, December 10, 2022

Malaysian Unity Cabinet Ministers and Deputy Ministers full list

 CLICK TO ENLARGE 

CLICK TO ENLARGE

PUTRAJAYA: Prime Minister Datuk Seri Anwar Ibrahim unveiled the list of deputy ministers in a live telecast on Friday (Dec 9).

This follows after his audience with the Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah earlier to present the list of names.

ALSO READ: Sabah gets seven deputy ministers 

There are 27 deputy ministers in Anwar's unity government.

All the ministries got one deputy except for the Finance Ministry

ALSO READ: Nanta calls for more Dayaks, Chinese from Sarawak to be made deputy ministers

Anwar also said the swearing-in ceremony will take place at 3pm tomorrow (Dec 10).

On Dec 2, Anwar unveiled a slightly smaller Cabinet than that of his predecessor – naming two Deputy Prime Ministers and 25 ministers.

ALSO READ: MIC to turn down deputy minister posts if offered, says party sec-gen

The Prime Minister will also serve as the Finance Minister, a post he had held from 1991 until his sacking in 1998.

  

Here is the full list:

Finance

Minister- Datuk Seri Anwar Ibrahim

Deputy Ministers - Datuk Seri Ahmad Maslan and Steven Sim

Rural and Regional Development

Minister- Datuk Seri Dr Ahmad Zahid Hamidi

Deputy - Datuk Rubiah Wang

Plantation and Commodities

Minister - Datuk Seri Fadillah Yusof

Deputy - Datuk Siti Aminah Aching

Works

Minister - Datuk Seri Alexander Nanta Linggi

Deputy - Datuk Seri Abdul Rahman Mohamad

Defence

Minister - Datuk Seri Mohamad Hasan

Deputy - Adly Zahari

Health

Minister - Dr Zaleha Mustafa

Deputy - Lukanisman Awang Sauni

Transport

Minister - Anthony Loke

Deputy - Datuk Hasbi Habibollah

Agriculture and Food Security

- Mohamad Sabu

Deputy - Chan Foong Hin

Economy

Minister - Rafizi Ramli

Deputy - Datuk Hanifah Hajar Taib

International Trade and Industry

Minister - Datuk Seri Tengku Zafrul Tengku Abdul Aziz

Deputy - Liew Chin Tong

Law and Institutional Reforms (PM’s Department)

Minister - Datuk Seri Azalina Othman Said

Deputy - Ramkarpal Singh

Women, Family, and Community Development

Minister - Datuk Seri Nancy Shukri

Deputy - Aiman Athirah Sabu

Communications and Digital

Minister - Fahmi Fadzil

Deputy - Teo Nie Ching

Education

Minister - Fadhlina Sidek

Deputy - Lim Hui Ying

Higher Education

Minister - Datuk Seri Khaled Nordin

Deputy - Datuk Muhammad Yusof Apdal

Youth and Sports

Minister - Hannah Yeoh

Deputy - Adam Adli Abd Halim

Local Government Development

Minister - Nga Kor Ming

Deputy - Akmal Nasrullah Mohd Nasir

Home

Minister - Datuk Seri Saifuddin Nasution

Deputy - Datuk Seri Shamsul Anuar Nasarah

Science and Technology

Minister - Chang Lih Kang

Deputy - Datuk Arthur Joseph Kurup

Domestic Trade and Cost of Living

Minister - Datuk Seri Salahuddin Ayub

Deputy - Fuziah Salleh

Natural Resources, Environment, and Climate Change

Minister - Nik Nazmi Nik Ahmad

Deputy - Datuk Seri Huang Tiong Sii

Foreign Affairs - Datuk Seri Dr Zambri Abdul Kadir

Deputy - Datuk Mohamad Alamin

Entrepreneur and Cooperatives Development

Minister - Datuk Ewon Benedick

Deputy - Saraswathi Kandasamy

Tourism, Arts and Culture

Minister - Datuk Seri Tiong King Sing

Deputy - Khairul Firdaus Akbar Khan

Human Resources

Minister - V. Sivakumar

Deputy - Mustapha Sakmud

Prime Minister’s Department (Sabah and Sarawak Affairs)

Minister - Datuk Armizan Mohd Ali 

Deputy - Datuk Wilson Ugak Kumbong 

 CLICK TO VIEW THE FULL LIST

CLICK TO VIEW THE FULL LIST

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Tuesday, December 6, 2022

PM: No salary for me at all, Cabinet ministers to take 20% pay cut


– BernamaAll eyes and ears: Anwar chairing the first special Cabinet meeting of the Unity Government at Perdana Putra.

Add the video to your site with the embed code above

PUTRAJAYA: Datuk Seri Anwar Ibrahim will not receive any salary, both as Prime Minister and as Finance Minister, he has clarified.

Cabinet ministers have also agreed to a 20% pay cut until Malaysia reaches economic recovery, he said.

ALSO READ: Zahid and Fadillah have role in bridging economic gap

Rubbishing talk that he would be paid as Finance Minister although he had declined the salary for the top job, Anwar announced he would not be taking any form of government salary.

This was in line with his promise made during the election campaign, he said.

During the campaign, Anwar had said he would not take a salary if he was appointed as prime minister because the people themselves were struggling to cope with rising costs.

“Some people say I’m not taking the Prime Minister’s salary because I am the Finance Minister. That’s not true. There is only one salary,” he said, laughing off such claims during a press conference here yesterday.

ALSO READ:Budget to be enhanced with MOF, Cabinet views

The Members of Parliament Act (Act 347) only allows one salary for ministers, deputy ministers or political secretaries.

On the Cabinet ministers’ pay cut, he said this was their way of acknowledging the tough times faced by the people.

“The pay cut will be implemented as long as Malaysia continues to recover economically.

“It shows the ministers are also concerned about the livelihood of the public,” he said.

Asked if the pay cut would be carried out throughout the government’s five-year tenure, he simply said that it could range from three to five years, depending on the situation. 

Cabinet to take 20% pay cut

Prime Minister Anwar Ibrahim thanks his ministers “for their willingness to make some sacrifices” and said this was to show the government’s concern for Malaysians.

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Saturday, December 3, 2022

PM Anwar Ibrahim announced Malaysian new cabinet


 

 

CLICK HERE TO VIEW THE LIST 

CLICK HERE TO VIEW THE LIST


PETALING JAYA: Datuk Seri Anwar Ibrahim has named Datuk Seri Dr Ahmad Zahid Hamidi from Barisan Nasional and Datuk Seri Fadillah Yusof from Gabungan Parti Sarawak (GPS) as Deputy Prime Ministers in his Cabinet line-up.

Anwar will also be the Finance Minister, and Fadillah will also be the Plantations and Commodities Minister.

The Pakatan-led unity government will see Datuk Seri Saifuddin Nasution Ismail helming the Home Ministry, while Anthony Loke will be the new Transport Minister.

Dr Zaliha Mustafa will be the new Health Minister.

The other names and positions in the newly-formed Cabinet line-up are:

Economy – Pandan MP Rafizi Ramli

Local Government – Teluk Intan MP Nga Kor Ming

Defence – Rembau MP Datuk Seri Mohamad Hasan

Works – Kapit MP Datuk Seri Alexander Nanta Linggi

Home – PKR secretary-general Datuk Seri Saifuddin Nasution Ismail

Digital Communications: Fahmi Fadzil

International Trade and Industry – Datuk Seri Tengku Zafrul Tengku Abdul Aziz

Higher Education – Kota Tinggi MP Datuk Seri Mohamed Khaled Nordin

Science and Technology – Tg Malim MP Chang Lih Kang

Women, Family, and Community Development – Batang Sadong MP Datuk Seri Nancy Shukri

Domestic Trade and Cost of Living – Pulai MP Datuk Seri Salahuddin Ayub

Law and Institutional Reforms (PM’s Department) – Pengerang MP Datuk Seri Azalina Othman Said

Natural Resources, Environment, and Climate Change – Setiawangsa MP Nik Nazmi Nik Ahmad

Foreign Affairs – Barisan Nasional secretary-general Datuk Seri Zambry Abdul Kadir

Entrepreneur Development and Cooperatives - Datuk Ewon Benedick

Tourism - Datuk Seri Tiong King Sing

Education - Fadhlina Sidek

Unity - Datuk Aaron Ago Dagang

Religous Affairs - Datuk Seri Mohd Na’im Mokhtar

Youth and Sports - Hannah Yeoh

Health Minister: Dr Zaliha Mustafa

Sabah and Sarawak (PM's Department) - Datuk Armizan Mohd Ali

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Thursday, August 7, 2014

Selangor state of Malaysia in a mess!


Twists and turns aplenty

It is a mad, mad world in Selangor where the power struggle over the Mentri Besar post has resulted in political crossovers, name-calling, accusations of corruption and talk of fresh elections.

IT was a day of confusing twists and turns for journalists covering the never-ending saga of the tussle over the Selangor Mentri Besar post.

A press conference by the party’s Selangor deputy chairman Zuraidah Kamaruddin at the PKR headquarters took on a pasar malam atmosphere when two conflicting documents were handed out to reporters.

One document claimed that Selangor supported PKR president Datuk Seri Dr Wan Azizah Wan Ismail for the Mentri Besar post while another document nominated deputy president Azmin Ali as the alternative candidate.

The situation turned even more chaotic when Zuraidah, who is known to be an Azmin ally, read from the document supporting Dr Wan Azizah.

It seemed like Zuraidah had switched alliances and thrown her support behind Dr Wan Azizah.

Before the morning’s excitement could die down, reporters began getting whatsapp images of a sensational letter purportedly written by party secretary-general Datuk Saifuddin Nasution to Tan Sri Khalid Ibrahim.

Fortunately for Saifuddin, it was a fake letter or else his goose would be cooked. The fake letter had stated that if Khalid resigned, all the allegations of wrongdoing made against him would be withdrawn. It also offered to make Khalid the state economic adviser with a salary of RM50,000 a month.

Even as reporters rushed to verify the authenticity of the letter, the Mentri Besar had made a highly strategic move to invite the Malaysian Anti-Corruption Commission (MACC) to investigate him on the accusations of corruption that Saifuddin had made against him a few days earlier.

Khalid had sent no less than the chief private secretary to the Mentri Besar to lodge the MACC report. It was Khalid’s way of telling his accu­sers: I have nothing to hide, investigate me.

He is so confident that he is in the clear, he has not bothered to wait for his accuser to go to the MACC; he himself is asking the MACC to scrutinise him. It was a slap in the face of his accuser.

As all this was happening, a news portal reported PAS secretary-general Datuk Mustafa Ali calling PKR strategist Rafizi Ramli “stupid”.

When The Star phoned Mustafa about it, he said Rafizi had made a “stupid comment”.

Rafizi had told a forum on the Selangor crisis that, in the run-up to the general election, PAS had wanted Tengku Razaleigh Hamzah instead of Anwar for Prime Minister. It was his way of explaining PAS’ insistence on supporting Khalid and its opposition to Dr Wan Azizah.

Mustafa is a very courteous politician and he was obviously not impressed by Rafizi’s habit of showing everyone how much he knows about everything.

The media who have been covering the power struggle have often likened what Khalid was going through to a roller-coaster ride but it was reporters themselves who were now feeling like they were on a roller coaster.

Reporters would be chasing one story in the morning. By midday, the story would have been overtaken by new developments and by evening, something new would have happened. That is how convoluted and fast-moving events have been in PKR. It is a mad, mad world in Selangor.

The chaotic press conference yesterday morning was a step forward for the lady president who has been battling public opinion about her candidacy for the challenging job of Mentri Besar.

Zuraidah is not only the party’s No.2 in Selangor, she is also the Wanita chief. Two other Azmin allies, Dr Xavier Jayakumar and Abdullah Sani, were also present at the press conference.

It has been very embarrassing for Dr Wan Azizah that Selangor, where Azmin is the chairman, has been lukewarm about her candidature for the top job in the state.

Azmin would have overtaken her if the matter had been put to a vote in the PKR supreme council meeting that was held to discuss the Mentri Besar candidate and if Datuk Seri Anwar Ibrahim had not insisted on her.

Zuraidah’s U-turn suggests that the powers-that-be in the party have been working hard to undermine Azmin’s base by persuading his allies to change sides.

It has also come at a price and Zuraidah has been slammed by Selangor members for betraying her old friend Azmin.

It was also curious that she signed off her press statement in her capacity as Ampang division chief rather than deputy Selangor chairman.

Zuraidah’s U-turn is unlikely to be a turning point for Dr Wan Azizah in Selangor where Azmin still holds sway.

Moreover, very few are convinced that Dr Wan Azizah will ever make it as Mentri Besar.

Going by the commentary coming from PAS, it is evident that the party will not endorse her when it meets on Aug 10. PAS will continue to insist on Khalid.

The chatter among Pakatan politicians is that a snap state election is the only way out of the mess. The Kajang Move which was supposed to stabilise and unify PKR and its Pakatan partners has morphed into an uncontrollable monster that is about to consume the coalition.

But will the Mentri Besar issue be resolved even if Pakatan opts for fresh elections?

There is no guarantee that the three parties can agree on the next Mentri Besar even if they win. In fact, the coalition will probably crack by the time state polls are called.

- Comment by Joceline Tan The Star/Asia News Network


It's a game of numbers

The role of the Sultan becomes paramount if the political wrangling fails to come up with a solution.

THE raging turmoil in Selangor over the post of the Menteri Besar is testing the tenuous bonds of the Pakatan Rakyat (PR) partnership. Many riveting issues of constitutional law have come to the forefront.

The Selangor MB was appointed by the Sultan of Selangor and there are five main ways in which the MB’s term can come to an end – resignation, expulsion from his party, defeat in the assembly, dismissal by the Ruler and disqualification due to a criminal conviction.

Resignation: If the MB resigns and the ruling coalition (with 44 out of 56 seats) unanimously nominates a successor, a smooth transition is likely. The Sultan’s constitutional role of appointing a new MB will be largely formal.

Expulsion from party: If the MB digs his heels in because he thinks that he has a working majority of 28+1 in the 56-member assembly, an engaging political scenario may ensue. He may be expelled from Parti Keadilan Rakyat (PKR) and be reduced to an independent or join another faction.

Expulsion from PKR does not automatically affect the post conferred on him by the Sultan if Khalid retains majority support in the Assembly. For example Indira Gandhi, Prime Minister of India, was in 1969 expelled from her Congress Party. Mahathir Mohamed was left without a party in 1988 because Umno was declared illegal by the High Court. Yet both premiers retained their posts because it is not party affiliation or party posts but requisite number of legislative supporters that count.

No-confidence: If Khalid does not resign, a motion of no-confidence is a looming possibility. Two examples from constitutional history are: in 1976 the BN majority in the Selangor Assembly dismissed its MB, Datuk Harun Idris, because he had fallen foul of the national leadership. In Kelantan in 1977 PAS moved a motion of no-confidence against its own MB, Datuk Mohammed Nasir.

Khalid is not entirely powerless in the face of such a threat. The Selangor assembly is not in session and the power to advise the Sultan to summon the assembly belongs to the MB and not the Speaker or the PKR leadership.

Under Article 70 of the Constitution of Selangor, six months can elapse between one session and the next and Khalid can frustrate PKR by not advising early summoning of the assembly! The Sultan may, of course, frown upon such unreasonable delay.

A motion of no-confidence needs an absolute majority of the total membership i.e. 29/56 legislators. Many permutations are possible. First, PKR’s 13 Assemblymen (Khalid excluded), DAP’s 15, PAS’s 15 and Umno’s 12 may all team up to oust Khalid.

Second, Umno may support Khalid or abstain but all PR partners (43) may unanimously support the motion. Third, PAS may be divided but even if one PAS member supports PKR’s 13 and DAP’s 15, the motion will reach the requisite number 29. A fourth scenario is that PAS’s 15 and Umno’s 12 may abstain. With PKR having 13 (Khalid excluded) and DAP 15, the motion will fail by one vote! Khalid will have a right to continue. PAS’s role is therefore pivotal.

Dismissal by Sultan: The power of the Sultan to dismiss an MB is not explicitly mentioned in the Selangor Constitution. However Common­wealth conventions indicate that the Head of State has a reserve, residual, prerogative power to dismiss the political executive in some exceptional circumstances.

For example, PM Whitlam of Australia was dismissed by Governor-General Sir John Kerr in 1975 due to the budget stalemate between the Senate and the House and Whitlam’s refusal to call an election to resolve the issue.

In the present scenario, the Sultan can remove Khalid in the following three circumstances.

First, if a majority of the members of the Selangor assembly make a written representation to the Sultan that they have lost confidence in Khalid and the Ruler wishes an immediate sitting of the assembly to resolve the issue of confidence and the MB refuses to advice the Sultan to summon the legislature immediately.

Second, because the assembly is in prorogation, the Ruler can follow Perak’s Nizar v Zambry (2010) precedent and personally determine the issue of confidence by taking note of political realities outside the assembly. The Stephen Kalong Ningkan v Tun Abang Haji Openg (1966) ruling in Sarawak that the issue of confidence must be resolved only in the legislative chamber is no more law.

If the Ruler comes to the conclusion that confidence has been lost, he can ask the MB to resign. If the MB refuses, the Ruler can dismiss him.

Third, if the assembly when convened, votes Khalid out, the Sultan can ask him to resign.

Dissolution: If Khalid is defeated by an absolute majority of the total membership, he has two options: resign or advise dissolution. The Sultan has wide discretion to accept or reject the advice. There are precedents from Kelantan (1977), Perak (2009) and Sabah (1994) when the advice to dissolve the assembly was rejected by the Rulers and Governor respectively.

Appointing a new MB: If Khalid resigns or is voted out but the PR coalition is deeply split over the choice of its MB, then the Ruler’s discretion and wisdom can provide the solution. As on many occasions in the States of Australia, the Sultan can choose a compromise candidate of his choice till the coalition puts its house in order.

Can a woman be appointed as MB? The incredible assertion that she cannot, has no basis in federal or State laws. In fact Article 8(2) of the Federal Constitution is clear that gender discrimination is forbidden except in explicitly specified areas like personal laws.

A “hung Parliament”: If after a new election, no party or coalition in the assembly has a clear majority, the Sultan’s discretion will become pivotal. He may appoint a minority government or a unity government pending a repeat election.

Sultan’s role: All in all, it can be said that in the following critical circumstances, the Sultan holds the key to keeping things on an even keel:

> the summoning of the assembly in case the MB is reluctant to face a vote;
> the discretion to accept or reject the MB’s advice on dissolution in case it is 28-28 on the confidence vote;
> the discretion to accept or reject a defeated MB’s advice to dissolve the assembly after a vote of no-confidence;
> If on a vote of confidence, the floor is split 28-28 for both sides, the Sultan would have the discretion to allow the MB to continue pending elections;
> the dismissal of the MB in the situations outlined above;
> the choice of a new MB if the majority coalition is hopelessly deadlocked over who should lead it;
> after a dissolution, to allow the incumbent to remain as caretaker MB or to appoint someone else as head of an interim, neutral government pending election that must be held within 60 days after dissolution;
> after the election, the appointment of a minority or unity government if the results indicate a “hung” Assembly with no decisive support for any grouping.

One prays that none of the above exceptional powers will have to be marshalled and that Selangor politicians, despite themselves, are able to put the State’s and the nation’s interest above their compulsion for partisan polemics.

-  Reflecting On The Law by Shah Saleem Farquqi

> Shad Faruqi is Emeritus Professor of Law at UiTM. The views expressed here are entirely the writer’s own.

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