Monday, April 28, 2008

Globe-trotting Desperate VIP wives

Neither law nor ethics in mind

Comment by R. Nadeswaran(http://www.sun2surf.com/email%20to:citizen-nades@thesundaily.com)

If in March 2007 I had "temporarily transferred" the LawCare Fund out, to ensure that the money would be spent for the welfare purposes intended, and because I was unsure whether (Datuk) Ambiga (Sreenivasan) might remove some of the names from the list of recipients, I would be (and should be) struck off by now. My face will also not suffer from dry skin, because people will spit at me wherever I go. Carry on insulting the intelligence of the people, if you must.
- Yeo Yang Poh (former President of the Bar Council)
THE above response to theSun’s front page report on the transfer of funds from Balkis to Bakti appeared in the Bar Council’s website last week. It puts the whole issue into context. In a nutshell, the movement of money from one account to another is illegal and the council has been quoted in The Star as saying that this could tantamount to criminal breach of trust.
But the spin doctors and certain sections of the media who are beholden to individuals and not the truth have joined the bandwagon in an attempt to exonerate Datin Seri Zaharah Kechik, the beleaguered wife of former Mentri Besar, Datuk Seri Dr Mohamad Khir Toyo from any wrongdoing.
However one looks at it, the whole exercise appears to have been carried out hastily without cognisance of law and procedure; ethics and morals and above all, common sense.
Donations to Balkis are exempt from tax, a privilege that is enjoyed by a select few and the all-important criteria is: the exemption is given ONLY for non-political bodies. Therefore, Balkis, in the eyes of the law, is apolitical although its membership is made of elected women wakil rakyat and in the case of men, their wives. There is a category for associate members, restricted to women who had been politicians or whose husbands had been elected wakil rakyat. They have no voting rights. Therefore, the issue of it being an exclusive "Barisan Nasional" club does not arise and ad-hoc decisions cannot be made by Zaharah, whose position as president is by virtue of being the Mentri Besar’s wife.
The issue that comes into question is the dissolution of Balkis. Zaharah, in her capacity as the former president (emphasis is the writer’s), has no power of dissolution. According the Balkis’ constitution, it can only be dissolved by two-thirds of the members at a special meeting convened at the request of at least one-fifth of "ordinary members".
The constitution is clear on such special meetings and it states it must be held within 30 days of receiving notice of such a requisition. It goes on to say that the notice and agenda of the meeting must be sent out by the secretary to members giving them 14 days’ notice.
Let’s work backwards. If the meeting was held on March 11, the notice must have been given on Feb 25 – at the latest. But her husband, then the Mentri Besar, was going around campaigning on the lines of "Zero Opposition in Selangor"! Did Zaharah get a written requisition from one-fifth of the members on Feb 11 – when Parliament was not even dissolved? Unless of course, some wives knew that their husbands won’t be occupying the seats of power!
Therefore, in short, this whole exercise of dissolution is void because procedures were not followed. This has been confirmed by the Registrar of Societies, who in his letter dated April 14 to the (new) Selangor Mentri Besar, says: "After going through the application to dissolve Balkis, we discovered that the information provided is incomplete. I have sent a letter asking Balkis to provide additional information within 30 days."
So, legally, Balkis is not dissolved. Therefore, no individual or factions can take it upon herself or themselves to transfer any monies to any other person or organisation.
Even if they had the power, they have defied their own constitution which states that upon dissolution, all monies should be donated to the government or a similar fund approved by the Inland Revenue Board (IRB). So, the inevitable question is: When was an application made to the IRB and if given the go ahead, when did it come?
Again, on March 11, Zaharah was no longer the president. There’s no such thing as "caretaker president" in its constitution. The only consolation she can take is that she can apply for associate member which does not come with voting rights, which she has not done to date.
But Bakti, the national body, cannot be absolved of blame for this shameful episode. How could it have accepted the money and held it in a separate account without checking if Balkis’s dissolution had been carried out in accordance with the law?
According to documents sighted by theSun, a sitting judge credited as "Bakti’s legal advisor" opined that it is all right. But Datuk Param Cumaraswamy, the former United Nations Special Rapporteur on the Independence of Judges and Lawyer said that the judge’s conduct was "likely to cause a reasonable suspicion that the judge allowed his private interests to come into conflict with his judicial duties, which could amount to a breach of the Judge’s Code of Ethics 1994".
Do remember, two wrongs don’t make a right.
And by the way, Mr Yeo, a lot of people are not yet walking around with wet skin!




9 comments:

Anthony Roy said...

Pakatan Rakyat, please don't let these theiving bitches of UMNOputras get away with this!

PRAY,IT WORKS. joe's blog said...

These people really have no shame. They profess to believe in God, yet dare to cheat, thumbing their noses against God. They are really daring God to show His power to punish them. Do not put God to the test. Yours maybe a fate worse than death.

yatim said...

What a shameful conduct. Power corrupts and absolute power corrupts absolutely. This how the UMNO people being chetaing the Rakyat all these while. How cld they pray and sleep peacefully with all these sins. People with no self conscience.

yc said...

These characters took the whole chapter from the book Conspiracy of Fool - The Enron Story.

The CFO Andy Fatsow set up an Arts Foundation with him, wife, father and brother as trustee. Every year they have several meeting in far away exotic places places. Guess who paid for the 100% tax deductible first class travel and accommodation meeting expenditure. The Foundation of course. To make the Foundation legitimate, it makes some donation but unfortunately, most failed to meet the required criterias. This is a classic.

Those who are intersted - read the book

Nor said...

It's oredi in her blood...just look at her face....penangan tempe jugak, laki bini sama naik...orang shah alam and sekitar dah dengar citer dia buat keje ni just few days after PRU12, in fact one datin gang dia dalam persatuan ada tegur dia, tapi sebab haloba, dia ketegaq buat jugak. Bangkai mana bule tutup lama...dia lupa pada Ya Rabb!

Amuraria said...

Just like Karam Singh Walia's said 'Harapkan pagar pagar tak boleh diharap' ,a case of 'songlap'ing in the making plus the full backing of biased Umno/BN media faithfully barking for a bone !

Zawi said...

They performed the Umrah recently. They must be praying to Allah forgiveness for all the sins they made. Hopefully Allah will will show them the right path to redeem themselves for the sin against the people of Selangor.

HRH Raja Mongrel said...

Freedom of Speech? Here is the truth ...
Kebebasan Bersura? Sinilah kebenarannya ...

rajamongrel (dot) blogspot (dot) com

Latest @ Royal Mongrel ... No Hole Barred
>>> Royal Masturbate ... C4 Bombshell!

Raja Mongrel - Victim of RPK's "Freedom of Speech"

ccdev said...

The UMNOPUTRA WHORES AND LEPERs continue thier "lawatan sambil belajar" and what not at the expense of the Rakyat's money under the guise of "charity". Remember that these $$$whores must eradicated like a cancer of society. Spare no mercy, this is a disease that must be wiped out.