I had the honour and responsibility, after PAS parliamentarians nodded to my request to move a standing order to get the Prime Minister to be impeached and be referred to the Committee of Privileges for what I consider a downright lie aimed at misleading the August House, when answering the question raised by YB Kubang Kerian.
YB Salahudin Ayub (Kerian Kerian) has asked the Prime Minister on ‘Question for Oral Answers’ on Wednesday, 4 November, 2009, to state when the oil royalty claims by the Kelantan state Government be paid by Petronas. The acrimonious debate first mooted by Dato’ Husam Musa as an EXCO of the state government of Kelantan has been raging unabated eversince Manik Urai by-election. The Kelantan oil royalty issue continues to take centre-stage amongst PAS’ law-makers especially those from Kelantan in the current debate on the PM’s Maiden Budget.
PAS has always claimed that the Malaysia and Thailand joint development area (JDA) remains part of Kelantan. Kelantan is claiming oil royalty from the Thai-Malaysia joint venture in the JDA, Malaysia-Venture in the CAA and also the gas extraction from the P301. Production in the JDA started in 2004, while the CAA in 1997 and PM301 is expected to start production in 2011. By virtue of the Petroleum Development Act, 1974, signed between Petronas and the various state governments (including Kelantan back in 1975), Kelantan, like Sabah, Sarawah and Terengganu, is deserving of the oil royalty. The contentious issue hence is only in regard to determining the quantum of royalty.
The PM on that eventful day had decided to come and reply it himself. Most unfortunately he had decided to mislead the House. Firstly, he announced that Kelantan is not deserving of the oil royalty as the oil site is further than 3 nautical mile from the shore of Kelantan , a condition he alleged to a criteria for the award of the oil royalty. Secondly, like the Wang Ehsan awarded to Trengganu, the cabinet is gacious enough to be giving the same to the people of Kelantan but it will be channelled through the JPP (Jabatan Pembangunan Persekutuan), a body established by the BN government in all states under the opposition. This is totally in contradiction with the spirit and letter of Federalism. Thirdly, as he had placed the condition of 3 nautical miles, he therefore indirectly has made Sabah and Sarawak ineligible to the oil royalty as their oil wells are in fact further than that of Kelantan.
Referring to the Petroleum Development Act, 1974, no reference and mention of the requirement of 3 nautical miles was made. The PM must have known or at least be made to know of this fact. Either he is selectively choosing to be oblivious or he is in fact contravening the provision of the Act, hence has no respect and little regard for the “Sanctity of Contract”. That doesn’t bode well to the international and local business community. That damages further the already tarnished image of our (read BN) little regard for the law and contract of the country.
I have no other choice but to refer the PM to the Committee of Priviliges to be disciplined for deliberately misleading the August House.
Attempt to refer PM to Select Committee thwarted
Dipetik dari NST Online
KUALA LUMPUR: An attempt by opposition Member of Parliament Dr Dzulkefly Ahmad (PAS-Kuala Selangor) to refer Prime Minister Datuk Seri Najib Tun Razak to the Parliamentary Select Committee for allegedly making a deviationary statement was turned down by the Dewan Rakyat Speaker.
Dr Dzulkefly, who was earlier dissatisfied with Najib’s reply on the payment of oil royalty to Kelantan, claimed that the Prime Minister had given wrong facts on the condition for paying royalty to the states based on the Petroleum Development Act 1974.
“Under the Petroleum Development Act, there is no requirement stating that the petroleum must be obtained within three nautical miles offshore before the five per cent oil royalty could be paid to the states concerned.
“In fact, based on the Petronas Financial Report, the money paid to Sabah, Sarawak and Terengganu is called royalty and not compassionate payment,” said Dr Dzulkefly who raised the matter as soon as the question and answer session concluded.
However, his attempt was thwarted by Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia who explained that three conditions must be fulfilled before a Member of Parliament could be referred to the Select Committee.
“In any question and answer session, the reply given by anyone, including the Prime Minister, can be said to have deviated if it has three elements, namely the facts are actually wrong, the person replying knows that the facts are wrong and yet continues with his reply, and there is an intention to divert.
“To me, the reply from Yang Amat Berhormat the Prime Minister earlier did not breach any meeting procedure,” he said, which drew protests from opposition MPs including Dr Dzulkefly, Mahfuz Omar (PAS-Pokok Sena) and M Kulasegaran (DAP-Ipoh Barat).
In this context, Pandikar Amin said if they were not satisfied with his decision, they should follow house rules by submitting a resolution first before raising the matter in the house.
Pandikar Amin later said that his decision was final before making way for Datuk Idris Haron (BN-Tangga Batu) to begin his debate on the Supply Bill 2010. – Bernama
Filed under: Artikel, Dari Parlimen
It’s business as usual. Whenever anything turns up unfavorable to the BN, the Speaker sure will side lopsided!
If the august Parliament is not a place to thresh out justice and proper governance, our representative will have to take the matter further to the other Branch, the judiciary…but yet, they are lopsided in the so-called judgment! This is sad part of the Malaysian democratic system when the Parliament is a circus, the court is a kangaroo court! My foot!
Is this the cal-de-sec we are in and there is no other way?!
What about the Monarch? Can he listen to the misrepresentation of the FC and do something to rectify the ill manipulation of this canny PM who’s master of all twists and distorts?!
Najib lied, he knows he lied and yet he continued with the lies cause he know he is superman and untouchable when he has all the right people in the right places to protect him. In the Parliament he has the speaker to shield his ass, he has Musa Hassan protecting his left flank, the AG on his right and the chief justice in the front, Man he sure can’t be beaten.
Dr,
Don’t worry, when Pakatan rules the country teach the BN/umno a lesson in their own game.
One wonders if the PM is truely ignorant or adopting an unprecedent total disregard of duly enacted legislation
Imagine a head of state chosing not to comply with the law all citizens are bound under and apply the concept of “ak suka aku ikut, aka tak suka aku tak ikut”
Since the PM is not chosen by the people but by selected individuals from his political party while the rest of the coalition did nothing, he should get the people’s mandate now
Just as Awang Adik, Annuar Musa and Mustafa Mohd are being traitors to their own state of Kelantan, Pandikar Amin is being a traitor to his state of Sabah. He knows well that soon Sabah and Sarawak can be subjected to similar abuse by the UMNO/BN government. These people have no shame. Justice will catch up with them. Just look at TDM, who was once highly regarded and respected. I too was a great admirer of TDM. Now in his final years, he is looked down on and not respected by most malaysians. As much as he tries to put a brave face in the public, it is eating him inside. Sad way to while away his twilight years.
TDM is reaping what he sowed and so will Pandikar and Najib.
Rules according to Najib are meant for all non-UMNO associated malaysians.
Rules are bent and broken to suit the government which is no longer attempting to hide its absolute contempt for all malaysians.
Talk about organised crime, talk about Mafia and Cosa Nostra. The government of malaysia IS ORGANISED CRIME! WHy can not our malaysian brothers and sisters see that?
Dear YB Dr Dzul,
I totally agree with you. Over the years UMNO and BN have developed a certain delusion that Malaysia’s resources and wealth is UMNO/BN’s own ‘treasury’. It is absolute idiocy of the highest degree for our so called learned PM to say those things in Parliment regarding the oil royalty issue of Kelantan. UMNO is nothing but a thief in the eyes of Malaysians, plundering Kelantan’s resources without giving anything in return !
PR government or party, please do not get suck into the political game, whose rules were made by UMNO Party. They do not have the responsibility to make it easy for oponents to fight them, just be inteligent enough, gather all the information regarding their lies and subject to unilateral trial, the trial in absentia.
After all the PR has all the capable people to trial and get the fair verdict and state the punishment for all the people who currently abuse their power or corrupt.
There will be days people will regain their power, then the punishment could be executed immediately, without delaying the proses of fair trial, I believe if the proses of detemining fair trial or justice is delayed, a lot of informations were lost, withnesses may not be alive to testify in court, it ends the culprit will escape the punishment.
In the mean time I really hope, The PR people who are in position to help in any way to activate the prosess of participation for all races in activities pertaining seeking of livelihood of the people especially the downtrodens. Be it opening of more pasar malam, openinig more food squares or more kiosk selling ice cream or cofee at roadside whatever.
I believe if we as a nation together could seek our livelihood together and enjoy the yield together, nobody feel threaten, insyaallah, Malaysian will prosper day by day.
According to a lawyer friend, the definition of state territory in the Federal Constitution Article 1 (3) says this:
1. (3) “Subject to Clause (4), the territories of each of the States mentioned in Clause(2) are the territories comprised therein immediately before Malaysia Day.”
There is no mention any where in the Federal Constitution of limitation of territory of any State by reference to the offshore limits.
Further, In section 5 of the National Land Code “state land” is defined as “all land in the State” other than alienated land, reserved land, mining land and reserved forests.
The term includes the bed of any river and the foreshore and bed of the sea situated within the territory of the state.
The various state governments thus have a good claim to all territory comprised therein (including the sea bed) immediately before Malaysia Day, which the Federal Government cannot just simply set aside.
Dear Dr,
All this spirit of lying and bullying came when Dr.M rules and it was inherited to the next PM and the next PM from UMNO, never ending unless the Federal Gov change. For that, we need your help to spread the news to all the people about the truth.
The propaganda has begins by the crooks UMNO BeeN with 1Malaysia to blindfold the Rakyat again. Pls stop all this by not falling into their trap of unity govn or religion. They are trying to coverup all their corrupt deeds.
We need more people like you, Husam Musa, Nizar, Khalid Samad, RPK, LKS, Anwar to fight for the country and bring peace and wealth to the Rakyat.