Tuesday, November 24, 2009

Playing cat and mouse with the law

A few weeks ago, as I was passing, there was a surprise raid by city officials on the hawkers at the premises of the Masjid Jamek LRT station. Within minutes , the hawkers made their rushed ‘getaway’, clearing the area of their makeshift counters and culinary spreads.

Since then, I note the resilient hawkers and vendors are back, even in greater number, it would seem to me. Well…it kind of set me thinking. Not that most of us are unaware of this phenomenon, but I am curious as to its nature, dynamics and the rational of it all.

This is not to say, I am unsympathetic towards the small man trying the earn a living, for I would consider myself as one naturally inclined towards the underdog of society, rather than the spoilt and decadent of the upper class or ‘the big boys’ of business. But then the issue I am raising here is not of sectarian interests, but a point of law and governance, or concerning ‘mismanagement’ perhaps? It raises questions too on the effectiveness of the law and its enforcement.

Now I am sure the vendors are not unintelligent lot. They must and do calculate their risk, gain and losses Wouldn’t it be reasonable for me to conclude that somewhere in their reckoning, they find it still ‘worth it’ to persevere playing cat and mouse. How do they come to resolve thus? The penalty is not severe enough so as to deter, the trade is lucrative, the officials can be persuaded to be lenient, there are possible loopholes in the law and implementation that one can avail oneself of? Or simply, the law is really a farce and not to be taken seriously?

What make me curious rather is the stand of the law enforcement agency. Now given their goal of outlawing such businesses, as evident in their periodic raids, haven’t they come to the conclusion by now that their action had been ineffective? Or can it be this is not an issue altogether with them? The point to them is periodic demonstration of power or authority, a ritual of sort which needs to be performed?

I know this much. In places like Singapore, reputable for its law and order, law and enforcement had been diligently crafted to underscore one principle, that ‘it is not worth the  risk doing it’. This message would be clearly signaled in the formulation of the law, as well in its implementation. When and if necessary, the penalty would be costly enough to deter would -be adventurous and high-risk takers. Don’t take my word for it, check out the relevant court cases. By and large, I think the law and enforcement work over the causeway because the law is strict in words and cannot be negotiated or compromised in enforcement. It has nothing to do with the natural law abiding instinct of Singaporeans. Well you can apply this to littering and driving offences as well.

Playing cat and mouse with the law is a well-known modus operandi in Malaysia. In parts of Kuala Lumpur city, it is public secret that illegal vendors, say of pornographic materials or pirated goods, can move in steps with raiding city officials, avoiding confrontation with much precision. Very much like the Filipino bamboo dancers, jumping in an out in time, avoiding being ‘cornered’. It is often alleged as soon as the officials turn into the next street, the vendors would be back, as a matter of routine really.

We can of course develop this phenomenon into an even wider picture, of greaer significance. Playing cat and mouse can get bigger with much higher  stake. Hence we note with much regret, illegal logging goes on for decades in the country. Given the nature and scale of the business, this is not easy to manage without complex organization and nimbleness at playing cat and mouse. The government knows, the officials know, the laws are there, and yet the game continues. The same with corruption in high places, the laws are there, sometimes enforced with much fanfare. But somehow ‘the players’ have reasoned that ‘it is still worth the risk’. Is it a case of lenient law, or of lax enforcement, making the risk low enough as to be worth taking? Or putting it in other words, making corruption and wrong doings most tempting and still rewarding?  After all they may reason, ‘ no risk no gain’? Could it be they find it to be not risky at all? So they continue playing.

What is wrong with our law and enforcement? Or is it more the case of our civic mindedness, public ethics? Is it purely a question of integrity and morality? I very much doubt it. I think if we all could be saints, there would be no need for the police, the court and even the law. But the reality is that all of us are not saints! Hence we still need good strict laws, diligently enforced, in addition to good incorruptible leadership paving the way.

Wednesday, November 18, 2009

To die over a leaking water pipe!

On 28 October 2009 I posted on this blog a short article entitled ‘Our Little Sacrifices-The Tragedy of Kuala Dipang, Kampar’. Therein I criticized a certain callous mentality besetting our national life, characterized by the following traits: lacking maintenance mentality, the capacity of anticipating dangers and taking preventive measures, and lacking respect for the sanctity of human life, subverting it to other short term or immediate gain. In the particular context of my article, sloppiness led to the loss of three young lives.

Part of my article reads: ‘The tragedy of Kuala Dipang maybe unique in manifestation, but I believe the same principle is at work throughout our national life. Sloppiness reigns supreme everywhere, exacting heavy human costs. It is not necessarily a bridge the next time, could be a bridge, a building, a condominium, even a whole section of a road, just anything really’.

On the way to work today, I picked up a free copy of the Sun at the LRT station. The front page headline reds: ‘Landslide report declassified’. The article covers the findings of the technical committee report on the Bukit Antarabangsa landslide disaster on December 6, 2008, which claimed five lives and destroyed 14 bungalows. The Selangor state government had decided to make the report available to the public and interested parties, especially those  affected.

My memory flashed back to the time of the disaster and the news coverage of the event. I remember distinctively the statements made by parties deemed responsible then, all seemingly leaning towards the natural disaster theory, sort of ‘an act of God’ kind of explanation and rationalization. On the whole the tenor was defensive, dismissive and rather evasive of responsibility or blame.

Now with the declassification of the report, we have the story. The main cause of the landslide was ‘a leaking water pipe along a row of abandoned houses’ which according to the analysis ‘caused moisture build-up and weakened the slope’. Other factors contributing to the disaster included the loosening of the soil during development, the lack of maintenance, damage and lack of maintenance of the drainage system in the areas surrounding the landslide’.

Wow! In short, sloppiness strike again then, costing lives, human suffering, as well as huge losses. Just imagine, people actually died because of ‘a leaking pipe’ as the main cause behind the tragedy! Then it was top by callous development, presumably driven by the profit motive, with no regards for safety and sanctity of human life. Make special note of the lack of maintenance for the drainage in the area mentioned, which says a lot on the attitude towards public accountability and social responsibility.

Few points strike me further on this episode. The area hit was an up-market residential area and not the cheaper public housing category. So it would seem to me, even the upper class of our society are not being spared falling prey, victim or even sacrifices to sloppiness. It makes me wonder also just how many more of such stories of sloppiness devouring human lives remaining buried. In this instance we get to know only because the report had been declassified by the Selangor state government.

Well, if even the rich or the affluent are not spared (one tend to assume their greater affordability perhaps could buy better service and quality of life), how can we be sure where sloppiness will strike next! And with the creepy thought of people actually dying due to a leaking water pipe, compounded by general sloppiness, how can anyone sleep peacefully at night or feel safe at any time for that matter!

PS: On page 5 of the same Sun edition referred to above, there is news of a landslide near the Cheras Awana Flats, with the caption ' Three cars, motorcycle buried in landslide'. There is a gruesome picture of a car 80% buried by landslide.

Wednesday, November 11, 2009

Soccer wrath, street demos and moral indignation

I heard today’s news over the radio. The Kelantan Football Association had been slammed with a fine of $50, 000 over the behaviour of its fans in Kuala Lumpur after the finals between Kelantan and Negri Sembilan, when Kelantan lost 3-1.

So the Kelantanese fans swooped down on the capital, braving the flood water, and outwitting the disruption of public transport, determined to be there in support of their beloved soccer team. Their historic hope of bringing home the cup were soon dashed convincingly by the gallant knights of Negri Sembilan. High hopes quickly turned into extreme frustration, demanding outlet and venting. So they went on a rampage, throwing fireworks and missiles into the field, hitting even officials. The more agitated vented their wrath on the properties of the stadium, setting fire to plastic seats in the stadium.

Now I find that amazing! I kind of admire the intensity, passion, commitment, but how I wish such anger or wrath could be diverted to the betterment of our nation. If only we Malaysians, leaders and citizens, could transform such intensity of passion into a moral indignation against all forms of backwardness, sloppiness, wrong doings, injustice, I am confident Malaysia would be a formidable nation respected by the world.

By this, of course I do not mean it should take the form of our increasingly frequent street protests and demonstrations, despite the laudable messages on the placards and t-shirts, the militant headbands, and the rebel rousing rhetoric of its leaders. For quite beyond these icons and symbols of righteous cause, the soccer wrath and street demonstrations share many traits in common. They are both amenable under circumstances to get out of hand, both ephemeral explosion of frustrations and anger, quickly subsiding after the event, both are more in the nature of mob action, pliable to manipulation, and above all both are not really constructive of the cause they champion, neither improving soccer nor nation-building.

Our leaders should take heart. The Malaysian citizens are not without passion, intensity of purpose and commitment. The challenge for leaders is to transform and sublimate such passion into constructive nation-building. If leaders are creative and genuinely committed to nation-building, they should be able to do so, and in doing so they would have a formidable force in their hand to work with.

I am reminded (faintly though) of a teaching in Chinese philosophy, but universally shared by all great civilizations, particularly in Islamic philosophy.  A nation may find itself in one of  three possible situations in history. First, the people are bad, but the leaders are good. In this case there is hope for the nation, for the good leaders will educate and make the people good. Secondly, a nation may have good people but the leaders are bad. In this case there is still hope for the nation. The good people will throw out the bad leaders and appoint good ones in their place. Thirdly, we have a nation where the people are bad and the leaders are bad too. In this case there is no hope for the nation. In this case the people and the leaders simply deserve each other! I wonder how do we figure in this scheme, first, second or the third?

Of one thing I am certain though. With good leadership and citizens capable of moral indignation against all injustice and wrongdoings, frowning on all forms of backwardness, Malaysia would be a formidable nation. Malaysia would not only be world class, but truly a great nation deserving the respect and admiration of the world!

Tuesday, November 3, 2009

Comment on Dr Mahathir: We don't even have the minimum!

 I read with interest Dr Mahathir’s statement on the need for a single stream national education system in Malaysia., published by Bernama dated 4 Nov 2009. I am in complete agreement with his cold logic on the matter.

I have always considered it to be one huge gap in our efforts towards nation-building, a gap which makes all the other efforts seem like an exercise in social niceties or self-delusion, sweeping real problems under the carpet while mouthing pronouncements on nation building and the beauty of national unity.

Can a people be a nation, in the sense of one people sharing one common destiny, without crucial meeting points, education being a vital one? I note with interest, Dr Mahathir emphasized ‘at least’ we should have the people in their formative years going to the same school. Now, the plain logic is that currently we don’t have even the minimum prerequisite for nation building, yet we indulge ourselves in the rhetoric of it.

Dr Mahathir pointed out on the uniqueness of our situation, being the odd one out in the world without this one important pillar of a nation, one single stream education system based on the national language. Unfortunately this one ‘uniqueness’ does not speak of our originality or boldness, but simply of our serious omission and failure. We have not embark on this one fundamental step towards nation building.

I am in agreement with Dr Mahathir when he pointed out that Malaysia has always been deferential  of cultural diversity in the country, and that the move towards a single stream schooling is really asking for the ‘least’, the minimum, that is if we care at all being a nation.

Well, I have been surfing the last few days following comments and responses on this issue. I find some of the remarks by those opposing the suggestion for one stream missing the point. One response from Dong Zong vehemently rejected the idea outright, zealously defending the multi-stream vernacular education with the argument that Malaysia is a ‘multi nation-state’ and not a single ‘nation-state’. The view considers Malaysia a ‘multi nation-state’ because of the presence of its various ethnic groups. Just pure cacophony of sound! There is no such thing as ‘multi nation-state’. A ‘multi nation-state’ would be many separate nations and not one single nation. That’s why a nation is of essence always associated with 'oneness' and  ‘a common destiny’, never of multiplicity and divergence!

The same response also vehemently mobilized for all to oppose any attempt towards ‘assimilation’ of our citizens. Now, the process of nation-building demands a people to ‘assimilate’, at least in national sphere or space. National education is one of such vital space to be zealously and jealously guarded by us the Malaysian citizens. If we argue in a vague, unthinking manner against a blanket ‘assimilation’, we have to conclude there is no real understanding of what nation-building is really all about, or even worse what a nation is!





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Saturday, October 31, 2009

Deepening political crisis in Malaysia

I observe with great concern the deepening political crisis in Malaysia. By 'political crisis' I do not mean the constant bickering and convenient patch-ups of  factions within political parties, the hip-hopping of legislative members, in and out, or across party affiliations, nor do I mean the fluctuating fortunes of political parties at the polls, be it general or by-elections. Of these we have a plenty, of daily occurences, the staples of mass media, pundits, punters, speculators, adventurers, as well as long term investors. I do not mean the financial but the political kind.

Now I say a 'deepening' crisis. It might be legitimately asked, how do I know? Unfortunately there are measures to say perhaps I am not wrong. How I wish I am mistaken and perhaps just imagining

One measure is the extent of it. In the past, we use to have one main play occupying the centre stage. Be it one battle royal for UMNO presidency, or that of component party of ruling coalition, and perhaps on the side, one or two tid-bits on the scandals in the opposition ranks, just the usual kneedling of the 'small punks', the 'kuci rats' of an opposition. The political mood among the public then was the daily excitement and stimulant of watching a major 'cock-fight' in town, good for conversation at home, coffee shops and the office.No real contest based on serious issues, scandals, just contest between individuals and personalities, of warlords jockeying for party posts and positions.

But now, we have a more widespread and pervasive frictions and conflicts. So many and simultaneously. The press, the media and the internets have a frantic time covering them all. This is not the case of the camp fire in keeping with the nature and fun of politics. This is a general picture of conflagration, the uncontrollable situation of bush fire, fast spreading,consuming and destroying. UMNO, MCA, MIC, Gerakan, PAS, PKR, PR, just a quick listing, and I am sure I missed out a lot. The legislative assembly in Perak, Selangor, Trengganu, Kedah... and many many more. This is like 'durian runtuh' of a different kind. A big picture of attrition and crumbling. Now all this is matched with a picture of social (not to  mention economical) deterioration. In a single newspaper page we have rape, murder, robbery, corruption, incest, sex and drug offences, not of the ordinary kind but outlandish in its blatant flouting of law and order. Two parallels running, the political and the social, conjuring the bigger picture of a country going down the drain.

There is another unmistakable measure of the depth of our political crisis. There is widespread cynicism and scepticism everywhere. There is mounting criticisms not only pertaining to abuses,scandals, wrong doings and irregularities, but those which go deeper into the legitimacy of our vital institutions themselves. The whole saga of Anwar Ibrahim from sacking, prosecution, to political meanderings, had been very damaging. Initially his politics criticised and challenged only the reputation of individual judges, but soon widened to undermining respect for the judiciary itself. In the beginning the opposition made issue of individual police abuses and indiscipline, but soon undermined the reputation and legitimacy of the police force, the instution itself. By now the police force has been so demonised that it is considered kind of heroic to have a scuffle with them, or to literally bite them!

There is now a big storm brewing on this score, this unhealthy trend of  undermining the legitimacy of vital institutions. I am referring to the politics of Perak. It started when the opposition could not and did not get to appoint its candidate as the Mentri Besar of Perak, and had to settle for a compromised candidate of its own choice. As a result, the opposition saw the ruler and the state constitution as serious stumbling blocks to its design. When hip-hoping politics backfired and caused the opposition to lose the state of Perak to BN, and opposition manoevering to win the support of the ruler in reverting its fortune failed, the opposition decided to widen its criticism beyond that of individual ruler to the instution of monarchy itself. The relevant  statements of opposition leaders over the Perak crisis bear testimony to this development.

This developing and deepening crisis is visibly demonstrated by the latest posting by RPK and the ensuing debate provoked, orchestrated perhaps, by it in the internet. While the content of RPK's posting pertain to alleged abuses or corruption, the crafting of it certainly points to casting aspersions on the monarcy itself. The effects are alreading showing in ensuing debates.

Like I say, the crisis is  spreading and deepening. From isolated and far- in- between conflicts of the past to a conflagration. From cynicism and scepticism towards individual integrity to the legitimacy of vital institutions themselves. It is no longer a case of bad people running good institutions, but simply a case of evil institutions . Damn the police, the judiciary, the rulers, damn all except...In the history of social movements this points to anarchy and revolution, when all is scrapped and history starts afresh...if you are successful that is! Otherwise it is endless cycles of anarchy and chaos.

 I am reminded of what Datuk Seri Najib, PM once said, on how extraordinary times require extraordinary solution. He said it in the limited context of ushering in Liberalisation, replacing the NEP. I think there is a dire need  now for him to widen the context and application of his precept. More than ever, I would humbly submit, these are extraordinary times indeed!

Wednesday, October 28, 2009

Our Little Sacrifices- The tragedy of Kuala Dipang, Kampar

Our deepest condolence to the families of Dina Deve Nathan (11 years) , Divya Shree Vasudevan (12 years) and M. Devatharshini (11years) in their bereavement.

More details emerged in yesterdays Malay Mail, 28 October 2009. Besides the moving stories on the pain suffered by bereaving families, other details are merging into a general picture. We learned that investigations and inquiries are being conducted on various aspects of the accident. Even possible corruption or irregularities are being looked into.

As investigations are going on, it is only proper we reserve judgement as to  the exact cause or blame of the tragedy. Nevertheless, we refuse to attribute it  simply to fate. At the very least, based on the scanty details at this juncture, a general picture is emerging, that of sloppiness: sloppiness of planning, of anticipation, of maintenance, of preparedness, the lack of care and due diligence,  as well as callous disregard for the sanctity of human life. We reserve our judgement as yet on the role played by greed and self-aggrandisement.

A picture published in the Malay Mail seems to say much. Actually the bridge did not so much as 'collapse', suggesting a breakdown of parts of the bridge over the river. The picture indicates quite clearly the bridge simply 'came undone', with the foundation simply giving away, cleanly! Now that has got to be either irregularity or gross sloppiness.

The tragedy of Kuala Dipang may be unique in manifestation, but I believe the same principle is at work throughout our national life. Sloppiness reigns supreme everywhere, exacting heavy human costs. It is not necessarily a bridge the next time, could be a bridge, a building, a condominium, even a whole section of a road, just anything really.

Our only regret is that in Kuala Dipang, Kampar young children, ten eleven year old, had to experience a tragedy. We are relieved that many cheated death, which was possible only with the Grace of God. The danger they survived would have been formidable even for sporting or atheletic adults. See satdthinks.blogspot.com for an idea of the danger involved.

As for little Dina, Divya and M. Devatharshini, they had been our little sacrifices to sloppiness. Let us draw a lesson from the tragedy, to act and say no more,  never ever again!

Sunday, October 25, 2009

A pocketful of dreams, with holes!

Read the newspaper today. So the 2010 Budget is out. I gather it has a three pronged goals of developing a high income economy, achieving a holistic and sustainable development and ensuring the well-being of the people. Then it sets out the priority areas on which it would spend to achieve the desired outcome. So as a budget, it is very much in character of one, about good intentions, and the money to be spent in support. Another universal characteristic of a budget seems to be in place: the goodies must be spread around, or to be seen as such, for the winning of hearts and minds.


 So I would say, stripped to its barest elements and fundamentals, it is very much the usual budget. Only time will tell if good intentions and money allocated actually translate into the well-being of the people. Time will bear witness if a budget degenerates into a plundering, pilfering, squandering or cheating exercise.


Pray excuse my lack of exuberance. It is not altogether unfounded, for we have been down the road before. Experience of the past , and for countless times, dictate caution, vigilance and reserved judgment for the moment.


 Take for instance the whole NEP saga. The Malays, bumiputras, in whose name it was promulgated, gained little in substance, but attracted much ill-will and stigma. The non-Malays, wrongly perceiving that all or most Malays waxed riches with little effort, felt denied. Both Malays and non-Malays see themselves as victims of injustice, while seeing the opposite camp as the perpetrators. In truth a small group of Malays and non-Malays gained hugely by playing heroes of their people and whipping the blame game. The NEP as implemented, or rather abused, did not usher in a ‘holistic and sustainable’ development but succeeded well in dividing the nation.


The particular context of the 2010 Budget makes it very crucial and important. Firstly it is the maiden budget of Datuk Seri Najib Abdul Razak as the Prime Minister. Hence the budget is an important indicator of the thinking of the man at the helm, which will set the direction for the years ahead. Secondly, it is a budget in times of heightened political wariness or cynicism in terms of ethnic relations. Thirdly, it is a time of serious economic downturn. The GDP growth for 2008 was 4.6%, while the projection for 2009 is -3%. It seems the private sector, on which the PM is relying upon heavily to pull off his budget, is also shrinking. The private sector used to contribute about 30% to the GDP in the 1997-98 prior to the Asian financial crises, but below 10% currently. To sum it all, this is a budget that cannot afford to miss, for this will spell disaster for the nation!


The best of plans, the noblest of intentions, would come to naught if hijacked, side tracked and subjected to greed and opportunism. I won’t make issue of krrrrruption or krrrrronism for populist propaganda. However, I would caution our leaders, planners, administrators to mind those ‘holes in your pockets!’ It upsets and saddened me to read of civil servants abusing claims, suppliers and contractors overcharging and over quoting, civil servants and businessmen colluding in false claims, billions disappearing in the black hole of ghost accounts, kickbacks and fake consultancies, and the whole complex of human ingenuity for self aggrandizement.


 All these eat into the budget, undermining its ‘value for money’ aimed at by the Prime Minister in his speech. It seems to me that in the past the bigger the project, the bigger are the holes in the nation’s pockets.

Initially I intended to discuss the substantive aspects of the budget. On the question of setting priorities, niches and remodeling the economy. The advisability of cutting  public spending by cutting subsidies. On boosting the financial sector, banks, the stock exchange and Islamic finance. The development of the regional corridors and the beefing of IT industry. The promotion of tourism and green companies. The support for medium size businesses and the granting of AP’s for stimulating the automobile industry. The boosting of Iskandar Development Region, the residents of which shall be paying less income tax than the rest of the country.


Easy visas for talented expatriates, and for the spouses of Malaysian women who may not be as talented. On attacking food and fuel subsidies , which may not be a good idea. On the suitability of the new sources of revenues. On the subject of spreading the goodies for students on broadband facilities, for the common man in the street, in the name of social justice.


And then I stopped in my track and changed my mind about discussing the budget substantively. It is not the main thrusts of the speech that did it, but the closing lines at the very end! The Prime Minister said: ‘Our recent success in Bagan Pinang has sparked our zeal to embark on this journey of transformation to lift our beloved nation to greater heights’. I wonder had BN lost the by-election of Bagan Pinang, would the budget be a very different one ? The Prime Minister then continues: 'Indeed, this budget touches the heart and soul of all Malaysians. Indeed, this is an earnest and sincere contribution from the government to the people’ Well, why the bipolarity of the ‘government’ and the ‘people’? Why is a budget a ‘contribution from the government to the people’? I have always thought of it as a duty and service of the government of the day in managing public fund.


 According to the theories of the sub-conscious, it is the small slips that are most revealing of the real thinking. Maybe I am reading too much into this. I shall attribute these statements to a zealous speech writer with an overworked mind. Anyway the closing lines were received with thunderous applause from the government supporters in the Dewan Rakyat. The effects desired by the speech writer had been achieved!