The Idiot Logic Test on Malaysian Judicial Appointment Commission Bill

I’m no lawyer, so i will consider myself an idiot in the field of law...so here it goes....

How things are in Article 122b

122B.

(1) The Lord President of the Supreme Court, and chief justices of the High Courts and (subject to Article 122C) the other judges of the Supreme Court and of the High Court shall be appointed by the Yang di- Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.

satD: The finality of judgment lies at the hands of Agong who acts on the advice of PM after conference of rulers agrees in principle on the candidates proposed by PM

(2) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President of the Supreme Court, the Prime Minister shall consult the Lord President.

satD: If PM needs a name to propose to the Agong for any other judges lower than Lord President(LP), he consults the boss of the judges(LP) and if he needs to appoint the big boss himself no need to consult as everyone is after the job so conflict of interest situation may arise, so i wonder who he consults in that situation

(3) Before tendering his advice as to the appointment under Clause (1) of the Chief Justice of a High Court, the Prime Minister shall consult the Chief Justice of each of the High Courts and, if the appointment is to the High Court in Borneo, the Chief Minister of each of the States of Sabah and Sarawak.

satD: Same logic goes with lower level courts, i.e PM needs to consult the mini-Bosses of each court and then he will run thru the names with their Big Boss (LP)

(4) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President or a Chief Justice, the Prime Minister shall consult, if the appointment is to the Supreme Court, the Chief Justice of each of the High Courts and, if the appointment is to one of the High Courts, the Chief Justice of that court.

satD: Same logic goes i.e PM needs to consult the mini-Bosses of each court and then he will run thru the names with their Big Boss (LP)

(5) This Article shall apply to the designation of a person to sit as judge of a High Court under Article 122A (2) as it applies to the appointment of a judge of the court other than the Chief Justice.

satD: Ahh this one not so critical to my idiot test

(6) Notwithstanding the dates of their respective appointments as judges of the Supreme Courts or of the High Courts, the Yang di- Pertuan Agong, acting on the advice of the Prime Minister given after consulting the Lord President, may determine the order of precedence of the judges among themselves.

satD: this one i think for the evaluation of seniority among the judges

Some Highlights of the Idiotic Bill -source 1, source 2

"PM must uphold the continued independence of the judiciary and have regards to defend the independence, support the judiciary and the need for public interest to be properly represented;"

satD: How in the world can the PM do that , how do we monitor his performance, if he fail can we take him to the “non-independent” court ? This one ranks as No 1 in my Idiot ranking

"A committee will be established to vet the appointment of judges of the superior courts. The JAC will consider the appointment of judges of the Federal Court, Court of Appeal and High Court and judicial commissioners. This includes the appointment of the Chief Justice of the Federal Court, the President of the Court of Appeal, and the Chief Judges of Malaya, Sabah and Sarawak.The commission will consist of the Chief Justice of the Federal Court as chairman, the President of the Court of Appeal, the Chief Judges of Malaya, Sabah and Sarawak and a Federal Court judge to be appointed by the prime minister. Four eminent persons, who are not members of the executive or public service, will be appointed by the prime minister after consulting with the Bar Council, the Sabah Law Association, the Advocates Association of Sarawak, the Attorney-General of the Federation and other relevant bodies."

satD: Total Number is 9 idiots with 4 of them the Big-Boss(LP) and his Kuncu Kuncu , 1 High court and 4 "eminent" PM proxy....can i be the eminent one ah?

"The JAC will meet at least once a month and the quorum will be seven, including the chairman. Each member present at the meetings is entitled to one vote by secret ballot.

In the event of a tie in the number of votes cast, the chairman will have a casting vote.

In the selection process, JAC will pick no fewer than three persons for each vacancy in the High Court and no fewer than two for other superior courts.

The chairman will also head the selection meeting unless it is selecting for vacancies in the High Court.

Members being considered for selection (to be a judge or commissioner) are disqualified from attending selection meetings.”

satD: This one really aiyooo..... the blardy idiot who drafted this really dont understand how to count to ten.....say the CJ dies of heart attack....all the other members now need to find a candidate..the other surviving senior judges i.e President of the Court of Appeal, the Chief Judges of Malaya, Sabah and Sarawak now cannot vote.....so how many left u f*&#king idiot!!!!! quorum pun dah tak cukup to make the whole meeting legal.....whats left is a bunch of dunggus appointed by the PM............what the f**k for....blardy waste of tax payers money 

“After making its selection, the JAC shall submit its findings to the prime minister stating the candidates and the reasons for their selection. The JAC will consider the appointment of judges of the Federal Court, Court of Appeal and High Court and judicial commissioners. This includes the appointment of the Chief Justice of the Federal Court, the President of the Court of Appeal, and the Chief Judges of Malaya, Sabah and Sarawak. Although the JAC makes the appointment of judges more transparent, the commission’s powers are limited. The prime minister is not bound by the recommendations of the JAC in the selection of judges.”

satD: I guess this one we are back to Article 122B , SO WHAT THE F**K FOR!!!!!

Folks I’m really sorry for the abusive language used in this post...but gua tak tahan kalau benda bingai gile........nak eksyen kata reform... my arse........... dah la tu Dato’ Sri Abdullah Badawi.....pi balik kepala batas la...this is exactly what happen when u believe in a flyby night operator who copy and paste other country model that have just started with so many potential operational problems.......

My final question to the folks in the parliment.....can u legislate something that is AGAINST our constitution or do u need to change 122B first?

Confessions from Room 101

Data...simply fascinates me..dissecting layers upon layer for observable behavior amidst all the randomness......imagine an army of statisticians having an orgy analyzing your daily activities like ur spending patterns, important dates in your life...etc..all of this then goes into building an assumption in a model......this model then predicts your behavior.....sometimes it works... sometimes miles away..do u feel "violated" in anyway?? Folks be wary of the evil monster called Facebook they know who u r and your associations .......Walmart for instance, learns from all your spending activity and utilize this to the max...take for example after 9-11 they reacted by "immediately" controlling the TOTAL supply of american flags.....a very well calculated strategy indeed.....

Enough of this crap, inconsistent rambling..... my point is.....this Nat-Geo pic on the left is what we we would become once the DNA bill becomes law n goes in-force with a policeman appointed by the Home Ministry in-charge....... everything seems like an afterthought...then they try to counter everything with the unseen "Rock solid" Data Protection Act...even with that i'm still worried actually knowing how valuable datas are.....insurance n biotech companies would love to get their hands on them .......mmm..ever got a call from strange faceless telemarketer who seems to know a few common things about u n u wonder how they got ur blardy fuckin number.....our "private" data is an active "organized"black market for years......identity thefts....that's our thing actually......the Malaysians are so good at this.....u can check with Visa International .....they effortlessly steal ur shit without u knowing it.....in atm machines., hotels, shops..everywhere...data data data......arent we all just numbers anyway....

What if all new babies born after this bill will have their DNA taken with or without consent??....and imagine finding out the baby is not yours...a day after ..........i would rather not know forever.....

Who was supposed to be incharge of this...anyway ????

Institutions are man's creation to better manage interactions and reduce chaos....policy actions are mere delivery tools for achieving a stated objective.....so when the perception on the institutions n the policies are going off tangent to its original objective one must take a step back to understand the "original" and the current objectives amidst the ever changing environment variables and critically evaluate how best to move forward...

Article 153 framed the thinking of the Bumiputra lot....all this "discussion" from the perspective of non-beneficiaries of A.153 as well as previous abusers of A.153 who could no longer dip its fingers into it .....are counter-productive to the whole process. If the problem was the delivery mechanism than fix it, dont go into do "we" still need such a policy..given the fact the intended objective is still far.

Countries grow and wealth becomes more concentrated, a typical behavior of market economy with some help from the hidden hands of government....not just for the case of Malaysia...yg lu orang kecoh kecoh ni apehal beb??

Lets go back to 1950's had we not put in A.153 how would the current composition of wealth in Malaysia be? In the early years of its implementation the people most negatively affected from it are the foreign companies who came along with the western colonial powers??? Who cares about them, if i was in power then i would have nationalized everything as send those good for nothing invaders back where they came from.....

Read A.153 carefully...who is tasked to undertake the function?? Agong ..so if the people whom the Agong have delegated perform poorly/or abused the delegated responsibility then he should with the powers vested under the constitutions undertake a full audit of the whole activities involved....

Perhaps it is time for Malaysia to have a full analysis something like A Royal Commission of Audit on the Performance of NEP, A.153 and the future challenges facing the Malays in a globalized environment and make strategic recommendations to the Rulers on how best for them to undertake n monitor their own performance in upholding A.153--> This can be a private and honest report submitted to the Rulers and it is for them to then direct the government to execute the recommendations if needed..

Be brave folks the more u sapu crap under the carpet the more u have to clean up in years to come..i think even the pakcik makcik in the kampung have evolved in their thinking....to be able to appreciate about what the problems are......be part of the solution....

We must not forget about how we got here.......those who require enlightenment go and read http://patanibook.blogspot.com/ as well as his latest gem http://deminegara.blogspot.com/2008/11/racial-polarisation-and-forging-of.html
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The System of Ones and Zeroes

In a decision process system whereby the choice are simply yes or no in order to proceed into the next path of decision making process....visualize a branch of tree.....of how it grows and spread......in a system of ones and zeroes.....sometimes when 2 potential functions clashes with one another and either cancels the function of the other ..the decision process system fails.........the level of authority of each function will then be questioned......next the question of where it should resides arises ......worst still when the function is in the control of a single entity.......

Now imagine the functions of Official Secrets Act and the Anti Corruption Agency and its supporting acts and the function of the government decision making process.......
Individually OSA and ACA should function with its own objective......but when there's a mexican stand off between the two ......i must say who ever is at the seat to decide at that moment ..will have to do some serious thinking...........

Imagine someone who is seeing it with his or her own eyes a blatant corruption process in the making with people whom he knows or probably report to .....and depending on the level of authority the boss has.....one could probably have fears to even go to sleep......sometimes one suddenly becomes a part of the value chain of corruption....maybe by choice ...and maybe by convenience....for some extra financial support....simply because one feels that one is so underpaid and unappreciated.......

The ACA should be completely independent of the Government and made up of an Independent Commission from the People of Malaysia depending on the skill set required to evaluate the charge......it should be armed with proper information surveillance technology, advanced data mining and have access to all financial transaction records held by the banking system and capital market systems and corporate information, financial accounts information, genealogy data .......and of course i cant help but mention the primal function of being able to undertake an effective witness protection system........people should be safe to be able to divulge how messed up the system without fear of being prosecuted under the OSA for these information.......

My Fellow Malaysians wherever you are.............. its happening right in front of our eyes folks.........how the two function collides and the impact to the system of government.....

ACA should use the power of information technology to the maximum in providing transparency in its decision making process, proper documentation of successful prosecution should be made public in a simple layman terms....and if a case goes to a hearing it should be made "public" for more people who in the corruption value chain to come forward and be able to testify backed by solid documentary evidence with full identity protection.....and they should be at the top of the food chain in order to be able to snatch to biggest fish in town...but they must be accountable and proper system of check and balance should be introduced......this is where the system of Agung and the rulers could come in to support.....stand and protect the people interests.......

OSA should have the function to protect our National Interest but wielding such an ability to say that you cannot talk about it or you risk being put away ...........treason on the other hand is just gutless...i'm still 50:50 on the OSA.......

It needs to be fixed urgently......people want to have a proper and stable working system of decision making process in governing the country , in building the nation, in building the bangsa malaysia which we all belong to .........corruption just sucks no two ways about it.

Selamat Menyambut Hari Kemerdekaan ke 50 Malaysia Ku.........