Crackdown on rear seat belt offenders

New Straits Times, 1 January 2009

KUALA LUMPUR: Back-seat passengers must from now buckle up or will be issued with a compound fine of RM300.

A spokesman of the Road Transport Department said enforcement officers would start a nationwide crackdown on those who violated the rear seat belt ruling, which took effect from 12.01am today.

Under the latest ruling, offenders above the age of 17 will be individually fined.

On the other hand, if rear-seat passengers under the age of 17 are not buckled up, the car driver will be fined for the offence.

Rear-seat passengers who do not wear seat belts will be fined except for:
- vehicles registered before Jan 1, 1995;

- vehicles registered after Jan 1, 1995 but without anchorage points;

- commercial vehicles, including taxis and rental cars;

- vehicles with more than eight passengers (not including the driver);

- goods vehicles with a maximum load limit of 3.5 tonnes; and,

- the fourth rear-seat passenger in a car with three seat belts at the rear.

From July, the RM300 compound fine will be increased to a maximum fine of RM2,000, or up to a year's jail.

The new rules are contained in the amendments to the Motor Vehicles (Safety Seat Belt) Rules 1977, under the Road Transport Act 1987.

Ahead of the midnight deadline last night, the RTD mounted a nationwide operation to nab errant motorists in conjunction with the countdown to the new year.

A total of 500 officers were posted at roadblocks nationwide under Ops Ambang Tahun Baru 2009, which started at 10pm. They also inspected vehicles for illegal high intensity discharge (HID) lights and other offences.

In the Klang Valley, two major roadblocks were placed at the Jalan Duta-Kuala Lumpur and Batu 3 toll plazas on the Federal Highway.

Perak to go on issuing freehold titles

New Straits Times, 24 December 2008

IPOH: Land offices in the state have been instructed to continue accepting land conversion applications from residents of planned and new villages.

These offices have also been told to disregard orders from the Federal Government to the contrary.

Menteri Besar Datuk Seri Mohd Nizar Jamaluddin said the instruction was given yesterday to clarify doubts among district land administrators following newspaper reports that said the National Land Council viewed the state's land conversion exercise as having contradicted the National Land Code.

Deputy Prime Minister Datuk Seri Najib Razak, who chaired the council meeting on Tuesday, reportedly said the land conversion exercise could not be done without approval from the council.

Najib's announcement created uncertainty at many land offices yesterday morning, resulting in some of them declining to accept land conversion applications.
But by early afternoon, the state government had moved to allay their doubts by telling them that the state government was the only authority which could decide on land matters in Perak.

"As far as statutory provisions are concerned, the DPM's announcement has no effect on our land administrators. So we told them to go ahead and accept the applications," Nizar said after chairing Perak Water Board meeting late yesterday.

He said, under the Federal Constitution, the state government was the rightful authority to decide on land matters, stressing that the Federal Government had no business interfering in state land-related affairs.

"In the absence of any legal impediments, the state government can lawfully proceed to implement the proposed conversion of leasehold titles into freehold ones."

Nizar, who was joined by senior executive councillor Datuk Ngeh Koo Ham at the press conference, said the state government would however send a report to the National Land Council regarding the land conversion exercise.

Perak gives out first batch of permanent land titles

STAR, 31 December 2008

IPOH: The Pakatan Rakyat-led Perak government has given out 11 permanent land titles to residents of new villages in the state despite the objections of the Federal Government.

State senior executive councillor Datuk Ngeh Koo Ham said the first batch of applicants received their land titles from Mentri Besar Datuk Seri Mohammad Nizar Jamaluddin at a ceremony in Gerik on Tuesday.

They were from Kampung Baru Kuala Rui.

The 11 are the first batch of 47,000 lot owners in 134 new villages and 102,000 lot owners in 349 planned villages eligible for automatic conversion of their titles from leasehold to freehold.

Ngeh told reporters here on Wednesday that the conversion of land titles had been carried out legally, and noted that the state’s panel of at least 10 lawyers had vetted the entire process.

“Everything we have done is legal and, with due respect, we would like to note that the Deputy Prime Minister (Datuk Seri Najib Tun Razak) had erred in his legal opinion,” he added.

Ngeh revealed that titles to 10 other plots of 1.6ha under a cluster-farming scheme in Tanjung Rimbun had been given out to Malay farmers.

“Again, the state government would like to stress that it does not practise racial policies. Everything it does is for the rakyat (people),” he said.

Ngeh added that 320 plots covering 598.8ha would be given out under the scheme.

Later, at a function to present aid to 400 poor and orphaned children, Nizar said as far as the state was concerned, it had not broken any laws in giving out the titles.

Najib: National Land Council to decide on State’s move to award freehold titles

New Straits Times, 24 December 2008

PUTRAJAYA: The Perak government will have to put on hold its intention to award freehold land titles to those residing in settlements and new villages.

This is because states which want to do so will have to get the approval of the National Land Council to ensure there is uniformity in procedure and policies.

Deputy Prime Minister Datuk Seri Najib Tun Razak said Perak had during the council’s meeting yesterday, voiced its intention to award freehold land titles to those living in settlements and new villages.

However, the decision would have to be deferred until the council has held an in-depth discussion on the matter.

“We have a policy where states cannot make unilateral decision on issuing freehold land titles. Such titles are usually given to land that is to be used by the Federal Government, for public use and under special circumstances.

“The National Land Council will convene a special meeting soon to enable the state to present its working paper and for us to discuss their proposal.

“Until the council makes a decision, Perak cannot award the land titles to the people concerned,” he told reporters after chairing the National Land Council meeting at the Implementation and Coordination Unit here yesterday. It is learnt that the state’s intention would involve around 2,800ha of land.

Najib also said the e-tanah pilot project, currently being tested in Penang would be extended to Malacca and Negri Sembilan next year.

“If the project proves successful and beneficial, we will extend it nationwide.”

The e-tanah is an electronic land transaction system that promises a more modernised land office administration.

Penang ferry must buck up

New Straits Times, 2008/12/22

GEORGE TOWN: Penang Port Sdn Bhd (PPSB), which operates the ferry service, has been instructed to adhere to the standing operating procedure and keep six ferries running daily from 7am to 11pm and beyond if necessary.

Penang Port Commission (PPC) board chairman Tan Cheng Liang said she had informed the ferry service's operations manager of the board's decision.

"We have eight ferries, one will be in the dock for servicing and the other on standby.

"The PPC board has instructed PPSB to operate all the six ferries and if after 11pm there is still a long queue they should continue operating until the congestion is cleared.

"We have received countless complaints about the PPSB ferry service, especially during school holidays, weekends and public holidays," she said during a RM50,000 cheque presentation by the state MCA to the Methodist Boys' School at the school's premises here.
The funds are for the school to construct a three-storey building for Form Six students.

Tan said it was PPSB's social obligation to provide the service, even though the company was operating at a loss of about RM13 million annually.

She also urged PPSB staff to help control traffic at Pengkalan Weld, where motorists often jumped queue.

"The holding area at the Raja Tun Uda ferry terminal on the island has been reduced to half due to the Rapid Penang buses being parked there.

"The understanding for loaning the holding area to RapidPenang was that it was to be temporary but the buses have been there for two years now.

"Unless the holding problem is solved, we will continue to face traffic congestion at the ferry terminal area," said Tan, who is also a member of the MCA central working committee.

Tan said commuters who were facing problems or wanted to lodge complaints should call the PPSB hotlines at 04-2102363 (Penang Island) or 04-3102377 (Butterworth) or email the board at penangport.gov.my.

MACC can target firms

New Straits Times, 2008/12/23

THE Malaysian Anti-Corruption Commission (MACC) is empowered to investigate graft in the private sector, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz told the Dewan Negara yesterday.

"The MACC will investigate complaints of corruption in the private sector and this is provided for in the act. Everyone has talked about corruption of those in the public sector like ministers, members of parliament, menteris besar and executive councillors .

"The perception is that those in the private sector are exempt.

"But this is not the case, and if there is a complaint about a corrupt practice in the private sector, the MACC will investigate it," Nazri said while replying to points raised by senators during the debate on the Malaysian Anti-Corruption Commission Bill 2008.

The bill was passed without any amendments after 14 senators spoke on it.
Apart from giving the MACC more powers to investigate, the bill also provides for the creation of five bodies which will watch over the MACC to ensure its transparency and integrity.

They are the Anti-Corruption Advisory Board; Special Committee on Corruption; Operations Review Panel; Corruption Prevention and Consultative Panel; and a Complaints Committee.

Several senators said the new commissioner of the MACC would be beholden to the prime minister for the appointment and the MACC would not be truly free.

They said although the commissioner would be appointed by the Yang di-Pertuan Agong, this would be done on the advice of the prime minister.

Nazri said there was no running away from the role to be played by the prime minister in the appointment of the commissioner.

"In any system there is bound to be someone who would be involved in the appointment of another person. The prime minister is the right person to make the recommendation as he is elected by the people and commands the majority support of the members in the Dewan Rakyat.

"Moreover, the prime minister has to be careful as the appointment is scrutinised by the public and if the decisions he makes are not popular, he has to face the backlash of the electorate when it is time for the Barisan Nasional to seek a new mandate."

Nazri denied a claim that the Anti-Corruption Agency was not free to investigate and charge the corrupt until the prime minister gave it the green light.

"This is not correct. The ACA is placed under the Prime Minister's Department but this is only for administrative reasons.

"It is free to investigate and charge anyone.

"I believe there have been several cases of ministers and menteris besar who had been charged in the past for corruption.

"This would not have happened if the agency was not free."

Bills get through unscathed

STAR, December 21, 2008

DESPITE the lack of a two-thirds majority, Barisan Nasional managed to get two reform Bills on corruption and the judiciary passed without a single amendment.

The Malaysian Anti-Corruption Commission (MACC) and the Judicial Appointments Commis–sion (JAC) Bills were a culmination of Prime Minister Datuk Seri Abdullah Ahmad Badawi’s efforts to bring reforms to the important institutions.

His seriousness in getting the reform packages passed was apparent when he and not the Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz read the titles of the two Bills. Abdullah even sat through the four days of debates.

Credit must also be given to Nazri, the de facto law minister, for getting things together to get the Bills passed.

Barisan MPs and observers agreed that Nazri did a good job to fight off the constant flow of criticisms and attempts from Pakatan Rakyat MPs to insert new amendments and changes to the Bills.

Opposition MPs were concerned over the independence of the MACC since it will not have any power to prosecute. They said the Attorney General had featured prominently in the Bill. The MACC is a version of Hong Kong’s respected Independent Commission Against Corruption.

Nazri replied the MACC would not be placed under Parliament, as Lim Kit Siang (DAP - Ipoh Timur) had demanded, since there might be a possibility of favouritism should an MP be charged with corruption.

“Since the ACA (Anti Corruption Agency) was formed, it has never been the case to place it under Parliament,” he added.

Nazri said MPs would still have a say in the Special Committee on Corruption that would look into problems regarding the investigation of corruption cases.

On the suggestion that prosecution powers be placed under the chief commissioner of the MACC, Nazri said the Federal Constitution would have to be amended to allow changes to the Attorney-General’s powers.

“To put it (MACC) under Parl–iament is not an option,” he stres–sed.

Datuk Tajuddin Abd Rahman (BN - Pasir Salak) said a certain level of authority must be vested with the Prime Minister over the MACC to ensure smooth running of the country’s administration.

Lim and R. Sivarasa (PKR - Subang) submitted their own amendments to the Bill but the effort failed when it was put to a vote later.

The heat was also turned up during the debate on the JAC, which has been tasked with upholding the independence of the judiciary in appointing the judges.

Nazri said the JAC would only be involved in the selection of candidates and it could stand on its own without the need to amend the Constitution.

Sivarasa argued that it didn’t matter if the JAC is formed because the Prime Minister’s name has been mentioned many times in the Bill, hence his dominant role in the appointments.

Nazri replied that under the JAC, the judges would be recommended by nine commissioners for the Prime Minister to consider. Under the present system. the chief justice alone provides the names to the Prime Minister.

Throughout the debates, Pakatan Rakyat MPs were seen trying to plan strategies to win arguments against the two Bills.

Anwar was seen walking along the Pakatan bench to talk to fellow MPs, especially those armed with legal knowledge to rebut the Government’s points.

The House adjourned sine die on Thursday after the conclusion of the third meeting of the 12th Parliament, which started on Oct 13.

The debates on the Witness Protection Bill and the Judges’ Ethics Committee Bill were deferred to next year’s sitting when the Special Complaints Commission Bill would also be tabled.

Federal intervention in water scheme

Edge Daily, 15 Dec 2008
By Pauline Puah

In a dramatic turn of events, the federal government has indicated to the Selangor government that the consolidation of water assets in the state is strictly a matter between the state and water concessionaires.

It is also learnt that the federal government is preparing a paper to take the lead in water consolidation in Selangor.

The move — under the purview of the Ministry of Finance (MoF) — is because of the delay in the water consolidation efforts that were initially mandated by the federal government to Kumpulan Darul Ehsan Selangor (KDEB), an investment arm of the Selangor government.
"Selangor is due for a tariff hike in January next year. The federal government cannot stop the increase without a good reason. That is why it is stepping in to hasten the consolidation process," says a source.

Last Friday, Minister of Energy, Water and Communications Datuk Shaziman Abu Mansor said the government has deferred the 37% increase in water tariff in Selangor, Putrajaya and Kuala Lumpur to March 31 next year. The hike, under the concession agreement with Syarikat Bekalan Air Selangor Sdn Bhd (Syabas), is due on Jan 1.

Shaziman also said consumers in affected areas will have to pay higher rates if Selangor does not hand over the water assets to Pengurusan Aset Air Bhd (PAAB) by March next year.
Sources say the hike cannot be postponed for long because it involves obligations to bondholders.
"Also, Syabas has the right under the concession agreement. What the MoF paper will stipulate are strict conditions for concessionaires which express interest in leasing the water assets that the federal government will take control of through PAAB. When all parties agree to the federal government-led move, a sum of RM20 billion will be allocated to take over the debts and for capital expenditure," says a source.

The intervention will allow existing players, such as Puncak Niaga Holdings Bhd, to continue to operate the water concessions subject to the terms and conditions set by the federal government.

Among the conditions are that the concessionaires:
• Give guarantees on meeting non-revenue water (NRW) targets; and
• Be held accountable for the cash flow projections that they put in their proposals to manage the assets.

Sources say the clearest sign that the federal government is taking the lead in water consolidation was a letter dated Nov 26 sent by the Ministry of Energy, Water and Communications to Selangor deputy state secretary (development) Datuk Noordin Sulaiman.

"The proposal to restructure (the water industry) should be seen as the state government's initiative to enhance the competence and effectiveness of its water supply services, which should only involve two parties, namely the Selangor government and the water concessionaires.
"Therefore, whatever form of understanding or negotiation towards the said restructuring, including signing a memorandum of understanding as suggested (by the state government), will only need to involve the two parties," stated the letter.

It was silent on whether the federal government would support the state or KDEB to take the lead. This is contrary to earlier indications that the central government was solidly behind KDEB to take charge of the consolidation.

For instance on July 4, KDEB issued a statement saying Shaziman had stated his full support for the consolidation of four water concession companies in Selangor to be managed in a holistic manner.

In the same statement, KDEB president Datuk Abd Karim Munisar said they had been notified, via a letter dated June 19 from the minister, that the federal government had set up a funding mechanism via PAAB to assume the assets and liabilities pertaining to water supply. It would act as the owner and holder of the assets and would be responsible for the funding of future capital expenditure.

Abd Karim also said Shaziman had given the assurance that his ministry, along with the National Water Services Commission (SPAN) and PABB, will give the state government and KDEB their full support and cooperation to ensure the success of the consolidation move.

The exercise will involve the takeover of the water business in the state from the current concessionaires — Puncak Niaga, Syarikat Pengeluar Air Selangor Sdn Bhd (SPLASH), Konsortium Abass Sdn Bhd (Abass) and Syabas. In this regard, it is believed that the state proposed an MoU be signed between the concessionaires and the state and federal governments.
However, the federal government in the Nov 26 letter declined to be a party to the MoU. A crucial part of the MoU is to allow the postponement of Syabas' tariff hike to March next year, pending the completion of the consolidation exercise.

The letter, undersigned by Sutekno Ahmadbelon, secretary of the water services monitoring division in the Ministry of Energy, Water and Communications, also stated that the ministry had found "no necessity" to sign the MoU.

However, the letter stated that the ministry had no problem if the state government signed the MoU with the concessionaires, which the latter deemed would help expedite the restructuring process and would not contravene the Water Services Industry Act 2006.

The ministry also reminded the Selangor government to expedite the restructuring to avoid the hike because the former and SPAN have to review the tariff as the concession agreement with Syabas is still valid.

It also said adjustments to the water tariff later "will be in accordance with what has been stipulated in the concession agreement as long as it is still valid".

"Therefore, it is necessary for the state government, which has initiated the restructuring proposal, to finalise it as soon as possible," it said.

Tan Sri Rozali Ismail's Puncak Niaga owns 70% of Syabas, which oversees the water supply service and distribution in Selangor, Kuala Lumpur and Putrajaya, while KDEB has a 30% stake in the company.

On Oct 22, Selangor Menteri Besar Tan Sri Khalid Ibrahim told the press that the state would announce by December if it was able to strike a deal that would benefit the people and the state.But so far, the state has not been able to hammer out a deal with the various concessionaires.

The biggest water player in Selangor is Rozali's Puncak Niaga.

With the latest development, industry officials say Rozali, like KDEB, has a chance to manage the water assets in Selangor. The crucial factor that will determine who gets to manage them is the provision of guarantees on NRW and cash flow.

Water tariff hike in Johor put off pending talks

NST, 2008/12/20

Datuk Shaziman Abu Mansor says cabinet to discuss takeover of Johor water assets

PUTRAJAYA: The people of Johor may not have to put up with a 18.9 per cent hike in water charges next year.

This is because talks aimed at handing over the state's water assets to the Federal Government have started, and if the handover takes place, the concession agreement providing for the increase in the water tariff would be nullified.

The 30-year agreement was signed by the state and SAJ Holdings, a water company.

Energy, Water and Communications Minister Datuk Shaziman Abu Mansor said the scheme to take over SAJ Holdings by Pengurusan Aset Air Berhad (PAAB), a water asset management arm of the Finance Ministry, would be brought to the cabinet for discussions next month.

"However, in the meantime, the water tariff hike will be put off until a firm decision is reached," he said yesterday.
If SAJH is taken over by PAAB, it will be managed by the National Water Services Commission.

SAJH supplies water to 861,698 customers and water tariffs in the Johor are the highest in the country.

The Malacca government signed off their water assets to PAAB last week and Shaziman had earlier proposed to the Selangor government to hand over their water companies as well.

He said that it was part of the government's plan to standardise all water schemes in the country.

IJN takeover bid put off

NST, 2008/12/20

The National Heart Institute underwent a RM230 million expansion programme last year to buy more equipment and the building of a new wing.

PUTRAJAYA: The proposed takeover of the National Heart Institute (IJN) by conglomerate Sime Darby Bhd has been postponed pending a study.

Datuk Seri Najib Razak says that whatever decision is taken should benefit the people

The study will be undertaken by the Economic Planning Unit in the Prime Minister's Department, and the Finance and the Health Ministries, Deputy Prime Minister Datuk Seri Najib Razak said yesterday.

Najib, who is also finance minister, said the cabinet decided on the deferment following reactions from various quarters to the proposed takeover.

"I want to clarify that the government only agreed in principle (to the takeover) on condition that IJN's social responsibility would not be marginalised or reduced at all costs."

"There is also a need to explain that if IJN is taken over by Sime Darby, the government's contributions towards operations at the institute will continue to be made, in the sense that it will continue to fulfil its social obligations."
The government, Najib said, would never neglect or sacrifice its social responsibility towards the people, especially poor heart patients.

"However, as the takeover proposal has led to various reactions, it has been postponed to enable the government, through the EPU and Health and Finance Ministries to undertake a comprehensive study so that whatever decision is made later will not cast any doubt, particularly towards IJN's future in carrying out its social responsibility."

Najib said a decision would only be made once the study was completed. "It (study) may take a few months but this is not important.

"The most important thing is that whatever decision is made later must benefit the people and help develop IJN into a world-class heart institute. Our main emphasis is the interest of the rakyat."

Najib said the cabinet's decision had nothing to do with the Kuala Terengganu by-election. "No, nothing whatsoever," he said.

Prime Minister Datuk Seri Abdullah Ahmad Badawi had said the government would only allow the takeover if the company gave a guarantee that the poor and needy would be taken care of.

Abdullah said he understood the concerns of the people over the proposed privatisation.

Sime Darby's interest in IJN had caused ripples of unease among many quarters, due to worries that fees would be increased when it is made private.

The fees for IJN patients are subsidised by the government. Built in 1992 at a cost of RM151.5 million, the institute has become the country's premier institution for cardiac treatment.

The hospital also underwent a RM230 million expansion programme last year to purchase more equipment and to build a new wing.

A spokesman for the company said that "Sime Darby Berhad stands guided by the decision of the cabinet and awaits further instructions from the government".

Sime Darby's healthcare flagship is the Subang Jaya Medical Centre.

Asked whether banks and financial institutions would continue to lower their interest rates in view of economic slowdown, Najib said he did not want to comment as his policy was to allow the federal bank to decide on the level of the interest rate.

"Bank Negara will keep me informed of their decision. There are many factors to be taken into account before deciding on the level of interest rate. These include inflation, growth prospects and capital outflow. It is not based on one single factor."

Mechanism not ready

NST, 2008/12/16

Domestic Trade and Consumer Affairs Minister Datuk Shahrir Abdul Samad says there is no decision yet.

PUTRAJAYA: The National Economic Council (NEC) exco members have yet to reach a decision on whether the managed float mechanism for fuel pricing would be implemented by the end of the month as earlier promised.

Domestic Trade and Consumer Affairs Minister Datuk Shahrir Abdul Samad said they had yet to agree on a final fuel-pricing module.

Last month, Shahrir said NEC exco members would be able to determine by the end of this month whether the managed float mechanism or the fuel floor price mechanism would be implemented.

"I am not very confident that this (announcement of a fuel pricing module by the end of the year) would be possible," he said yesterday in a telephone interview.

"It would take less than two months for us to reach a decision but as of this month, the discussion on this issue is not on the agenda."

National Slope Masterplan ready next year

STAR, 7 December 2008

KUALA LUMPUR: People in buildings in slope development areas will be asked to vacate their premises if they are found to be on the list of risky slopes under the National Slope Masterplan expected to be ready early next year.

Under the masterplan, ongoing development projects will be asked to stop if they are found to be in highrisk slope areas.

Deputy Minister of Housing and Local Government, Datuk Robert Law Hui Chew, said development on Class 3 and Class 4 slopes was catergorised as highrisk.

The masterplan, to be drawn by the Public Works Department (PWD), will provide guidelines on construction and development on slopes and his ministry will use it to monitor projects, Law said at the scene of the Bukit Antarabangsa landslide in Kuala Lumpur on Sunday.

On the call by Prime Minister Datuk Seri Abdullah Ahmad Badawi that housing projects on hill sides and on highrisk slopes be halted, he said it should be supported.

"If construction is going on, investigation should be done carefully," he said.

On the allegation of a Bukit Antarabangsa resident who said that the Ampang Jaya Municipal Council (MPAJ) did not investigate the causes of fallen trees a few months ago, Law said there might be "negligence" on the part of MPAJ in the matter.

"If MPAJ received the information and did not investigate and take appropriate action, that is not right," he said. - Bernama