LPHJ Changed, pre-DUN Presentation

Dewan Undangan Negeri Johor

The proposed Johor Housing and Property Enactment (LPHJ) 2014 expected to be tabled to the Johor State Assembly tomorrow is expected to see some changes, compared to the original draft.

NSt story:

08 June 2014| last updated at 04:50PM

Johor makes changes to Housing and Real Property Board enactment

By Rizalman Hammim
JOHOR BARU: The state government will make some changes to the Housing and Real Property Board enactment regarding the role of the Sultan of Johor in the board.
Menteri Besar Datuk Seri Mohamed Khaled Nordin said the changes includes the matter regarding the appointment of directors, which will now state that the Sultan will make the appointments with the advice of the menteri besar.

“Other clauses in the enactment that mention the (word) Sultan will be changed to the state authority,” said Khaled while winding up the Royal address at the state assembly.
Read more: Johor makes changes to Housing and Real Property Board enactment – Latest – New Straits Times http://www.nst.com.my/latest/johor-makes-changes-to-housing-and-real-property-board-enactment-1.613702#ixzz342QG3y53

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And The Star story:

Published: Sunday June 8, 2014 MYT 5:01:00 PM
Updated: Sunday June 8, 2014 MYT 5:11:38 PM

Johor housing Bill to be amended

BY DESIREE TRESA GASPER AND KATHLEEN ANN KILI

 

NUSAJAYA: The Johor Housing and Real Property Enactment Board Bill 2014 will be amended to include a provision that the Sultan is to act on the advice of the Mentri Besar.

The amendment, which reads “role of the Johor Ruler is on the advice of the Mentri Besar”, was announced by Mentri Besar Datuk Mohamed Khaled Nordin during the state assembly sitting here, Sunday.

Khaled said that other clauses in the Bill which mention the Johor Ruler would be changed to “state authorities”.

The Bill is expected to be tabled at the state assembly sitting on Monday.

It had been reported that the Bill would empower the Sultan to appoint JHRPB members, oversee its accounts and also dissolve the board.

It is understood that the Johor Ruler would also be able to determine the remuneration of board members, approve the appointment of a director and pass the estimated expenses for each following year before seeking the state government’s approval for the allocations.

****************

This came after Prime Minister Dato’ Sri Mohd. Najib Tun Razak sounded out that the new law for Johor should be within the ambit of the Federal Constutution, where there is a clear separation of power between the Ruler and Executive.

Najib: Proposed Johor Act must be in line with Constitution principles

KUALA LUMPUR, June 7:
Datuk Seri Najib Razak said the proposal by the Johor government to table a Bill to enact the formation of the Johor Housing and Property Board must bring advantages and benefits and protect the interests of all, especially the people.
The Prime Minister said the enactment must also be in line with the principles of the Federal Constitution which upheld the constitutional monarchy and parliamentary democracy systems in the country.
Najib said he had stressed this to Datuk Seri Mohamed Khalid Nordin after he was informed by the Johor Menteri Besar on the state government’s plan to table the Bill.
“The Menteri Besar explained that the Bill is consistent with the provisions of the Federal Constitution.”
“He will also be fully responsible in managing the board,” Najib said in a statement to Bernama today.
Najib said Mohamed Khaled would ensure that the enactment fulfilled its objectives, one of which was to make available more affordable homes for the people of Johor.
It was reported that the Johor government planned to table the proposed Bill on Monday.
The Bill has received mixed reaction with some quarters claiming that, if passed, it will see the involvement of the Johor Sultan in state administration, which the Menteri Besar has since denied.

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It is uncommon for the Prime Minister to sound out for a new bill in Barisan Nasional controlled states outside Sabah and Sarawak. It is a subtle reminder that any new bill which gives a Ruler power that should remain with the Executive contravene the principle of power of separation as part of the Constitutional Monarchy.

Bar Council media statement on the LPHJ enactment:

PRESS RELEASE

Johore Housing and Real Property Board Bill 2014 Violates the Federal and Johore Constitutions

The Malaysian Bar has deep concerns regarding the proposed Johore Housing and Real Property Board Bill 2014 (“Johore Bill”).

The Johore Bill unnecessarily and improperly seeks to involve the Ruler in matters of executive government and administration.

The Johore Bill provides the Ruler with specific executive responsibilities and powers to:

(a) appoint four representatives to the Johore Housing and Real Property Board (“Board”) and revoke such appointments;
(b) determine the remuneration or allowances of all the members of the Board;
(c) approve the appointment of the Director to be the Chief Executive Officer of the Board;
(d) wind up and dissolve the Board; and
(e) approve the establishment of a corporation to maintain, develop or manage any housing plan, project scheme or industry.

The Johore Bill also provides that the “Ruler or the State Authority may at any time direct such person as he may appoint to make an investigation of the books, accounts and transactions of the Board”.

The Johore Bill further requires the Board to submit to the Ruler and the State Authority the annual budget, annual audited accounts and the annual report of the Board.

The Malaysian Bar is therefore unable to agree with the contention of the Menteri Besar of Johore, reported in the news media, that the Menteri Besar or the State Government of Johore would retain executive responsibility or power with respect to the matters set out in the Bill, as highlighted above.

Under our constitutional and legislative scheme, the term “State Authority” means either the State Government, or the Ruler acting on the advice of the State Government, in which case the Ruler is obliged to accept and act in accordance with such advice. An example of this can be found in the equivalent legislation in Selangor, namely the Selangor Housing and Real Property Board Enactment 2001. It is noteworthy that in the Selangor Enactment, there is no reference to the “Ruler”.

In providing for functions, responsibilities, duties and powers in the Johore Bill, the said Bill makes references to, amongst others, the “State Government”, the “State Authority” and the “Ruler”. Given that the Johore Bill makes reference to the “State Government”, “State Authority” and “Ruler” as three distinct entities, they cannot then mean the same thing in the Bill. Therefore, the provisions in the Johore Bill that accord to the Ruler specific executive responsibilities and powers mean that these responsibilities and powers are exercisable by the Ruler himself, without the need to be bound by, and to act upon, the advice of the State Government. This is in breach of the provisions of the Eighth Schedule to the Federal Constitution and Article 7 of the Constitution of Johore, which vouchsafe the concept of a constitutional monarchy.

The idea that a Ruler should have executive functions with respect to an agency or instrumentality of the State Government, such as the Board in this case, is a departure from the principles of constitutional monarchical government. This is not envisaged under the Federal Constitution and the Constitution of Johore. Under such a system of government, while powers and functions are carried out in the name of the head of state, the exercise of executive functions and powers must lie with the State Government that is democratically elected by the rakyat. Given this, save for limited specified matters in the Eighth Schedule of the Federal Constitution and matters such as Article 7 in the Constitution of Johore, which provides for the discretion of the Ruler to appoint the Menteri Besar or to withhold consent to a request to dissolve the State Assembly, the Ruler acts on the advice of the State Government.

The State Government of Johore has, by the proposed measures in the Johore Bill, burdened the Ruler with functions and responsibilities that are properly the duties and responsibilities of the State Government. They expose the Ruler to scrutiny and possible criticism and opprobrium. This affects the dignity and stature of the institution of the monarchy.

The Prime Minister is reported in the news media to have issued a timely reminder to the Menteri Besar of Johore to ensure that the Johore Bill is consistent with the Federal Constitution. We urge the Menteri Besar and State Government of Johore to heed the Prime Minister’s call.

The Malaysian Bar therefore calls upon the State Government of Johore to withdraw the Bill from consideration by the State Legislative Assembly, and to make appropriate amendments to the Johore Bill to remove all references therein to the Ruler.

Christopher Leong
President
Malaysian Bar Council

**********

The proposed LPHJ enactment drew a lot of criticism when the original draft provided specific and direct authorities to HRH Sultan Johor to determine LPHJ Board members and remuneration.LPHJ Board also would have authorities to inspect accounts.

This very much translated to HRH Sultan Johor meddling into land matters, especially in the decision making for property development proposals and deals.

This is against the principle of separation of power between HRH Rulers and the Executive, in the Constitutional Monarchy democratic system that Malaysia adopted, modeled after Westminister.

 

Shareholders of SIPP Energy Sdn. Bhd.

Shareholders of SIPP Energy Sdn. Bhd.

In the recent public outcry about YTL International Power Bhd. Managing Director Tan Sri Francis Yeoh’s faux pas about “Capital Cronysim”, inadvertently the deal on the RM3.5 billion new Pasir Gudang combine cycle power plant came into market information where Sultan Johor has direct interests via his company SIPP Energy Sdn. Bhd.

The issue also now focused on the award of the project by Energy Commission (EC) to  SIPP Energy, without proper open tender. This is against EC’s own policy set in 2012.

Johor has came into a lot of attention, recently. Elusive one time celebrity blogger Raja Petra wrote about Johor would trigger a fresh round of Constitutional Crisis. Needless to say, a lot is at stake here.

Published in: on June 8, 2014 at 17:15  Comments (18)  

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18 CommentsLeave a comment

  1. How is state authority defined?

    Can’t be too trusting on how lawyers play with words.

  2. It’s an utter shame for a State Government making such stupid mistakes and having to face public outcries and amend a draft state legislation.

    Ancient Roman generals would have “fallen on their swords”, the Japanese would have disembowelled themselves in harakiri to avoid shame like that. Of course, the Japanese have an Emperor who strictly maintains his constitutional monarchy status, not an iota of business interest, not meddling in administrative matters one bit, satisfied with the comforts of life for him and his family in a huge palace, complete with life amenities that are practically endless.

    Imagine if Utusan had not exposed the stupid legislation draft. Thanks to Utusan and to hell with those ungrateful ingrate pendatangs who keep barking at that voice of the Malays.

    I’m proud that the UMNO mouth piece has played its part in making errant UMNO leaders wake up from slumber. There should be more and more of this, as sleeping – in order to catch votes, to protect and promote one’s personal interests, etc – has become frequent among UMNO leaders.

  3. “This came after Prime Minister Dato’ Sri Mohd. Najib Tun Razak sounded out that the new law for Johor should be within the ambit of the Federal Constutution ..” –

    Najib should not just “sound out” – he should tell the Menteri Besar off, at least privately. After all, the MB is Najib’s appointee and his performance – or lack of it – is a direct reflection on Najib.

    And Najib must not be seen as soft, much less apologetic, to Rulers who deviate from their role as constitutional monarchs. Do like Tun Dr Mahathir did – defend the Monarchs at all cost in the performance of their official functions but reign them in under a new enactment when their personal acts and behaviour do not appear “monarchical”.

    There’s enough erosion of the Malay rights and interests in this country by the ungrateful ingrate pendatangs since the time they got citizenship right. Attempts to question the Special Position of the Malays and the Bumiputeras of Sabah and Sarawak, wanting equality without simultaneously acknowledging that Special Position, until it caused the race riots of 1969.

    Heck, so many acres of Malay Reserve land have been “unreserved” and developed for housing and 60 – 70% of them sold to pendatangs by developers most, if not all, of whom are ungrateful ingrate pendatangs. And there has even been mention in a comment to the previous post that the Francis Yeoh ungrateful ingrate pendatang saying all the land in this country will one day belong to the pendatang Chinese.

    Enough is enough. This is the kind who glibly say they don’t depend on government contracts but get huge government or GLC turn-key projects and exploit anything they can find, including their relationship with Rulers in this country, to get preferential business treatment and such. We need to whack them endlessly. And those who allow themselves be used by such buggers.

  4. Please check the definition of ‘State Authority’!!!

  5. For those who are pro-royalty, think about this: Will this new enactment benefit people like Vincent Tan (Lido Boulevard), Lim Kang Ho (Danga Bay), Peter Lim (Stulang Laut), R&F China (Tg Puteri) and Country Garden (Danga Bay and Tg Kupang)?

    If so, who does these people partner with? Isn’t it an open secret who their partner is? Isn’t this partner who is pressuring the State to give-in into conditions being imposed like restrictions on plot-ratio, Bumi quota, low cost housing, environmental-impact assessment etc?

    MB must show in all honesty and transparency about the real reason for the setting up of this new body overseeing property development in JB. Is he working for the rakyat who voted for him, or is he working for some other individual?

    Rakyat is neither blind nor dumb. Do not instigate our anger.

  6. Apa ini Malay body backs Sultan of Johor’s role in LPHJ?

    Bernama says The Johor Malay NGOs Coordinating Council (GABUNG) is in full support of the new enactment allowing the involvement of the Sultan in the board. Who are these NGOs? Created by those with vested interest on the matter?

    What “important to balance real estate development and housing development in the state” the Treasurer was talking? And why the Treasurer? Not the President or Secretary, like normally done?

    Why “The Sultan should be given room to ensure that Johor develops in a balanced manner because the current development is deemed to have sidelined the Malays from living in the urban areas,” he said at a press conference yesterday? Surely there are other ways to do so than involve the Sultan?

    Fine that “it was the Sultan who consented the construction of the Stulang People’s Housing Project (PPR) so that people who are less fortunate in the city can also own own homes,” but surely not to the extent of corrupting the role of the Sultan as a constitutional monarch? No understand that term ka?

    Good that the Johor Mentri Besar has said the bill to be tabled would have amendments to the provisions pertaining to the role of the Sultan in the board.

    • …“it was the Sultan who consented the construction of the Stulang People’s Housing Project (PPR) so that people who are less fortunate in the city can also own own homes,”

      It was the late Sultan Iskandar, not the current Sultan who gave the consent. Just to let the facts straight.

  7. Looking at this matters, perhaps the state govt need to redefine between the Sultan and executive. Present scenario in state of Johor are not welcome. The concern from public at large especially the Malays are genuine. This is not about taken care the interest of rakyat Johor, it is more about WHO will gain the ultimate control.

    The Malays is the one install Sultan to the throne and this has being proof in our history. Who will dare to say NO to Sultan upon his request … NONE. Between answering in the name of Allah SWT or position in this temporary world … one can surely know the answer.

    Someone need to advise the Sultan, what ever he undertaken today can the Sultan ensure his offspring can experience the same position as he today for the next 20 – 30 years or more . I worried on this.

    Forget about the legend of HRH Sultan Abu Bakar and HRH Sultan Ibrahim. During both HRH, Johor is known as Johore the kingdom as it own. Johor during that time was a country not a state in theory. Let the history past and Sultan need to looked into reality.

    I myself as anak Johor, proud with the history of Johor. But keeping with the realistic in mind.

    • Aku sampai segan nak ngaku anak Johor. Masalah berkaitan konsep raja berperlembagaan ni mesti di atasi di peringkat paling atas. Tun Dr Mahathir dah usahakan dengan menentukan Parlimen luluskan cadangan supaya Raja Raja dan keluarga nya pertanggung jawabkan tindakan peribadi nya. Yang Do Pertuan Besar Negeri Sembilan yang lalu telah di ambil tindakan mahkamah oleh sebuah bank kerana tindakan peribadi nya berkaitan dengan hutng bank itu. Dan bank tu telah menang, dapat tuntut semula wang yang di beri pinjam.

      Perniagaan dan kepentingan perniagaan ada lah hal persendirian dan Raja tidak boleh melibatkan diri atau di libatkan diri mereka dalam urusan urusan pentadbiran bagi mengejar, mempertahankan atau mempengaruhi kepentingan perniagaan itu. Nyata. Tidak boleh. Dan, di peringkat negeri, Menteri Besar lah yang bertanggung jawab menentukan ini di awasi, tidak di lakukan mana yang tidak boleh. Kalau MB tak sanggup atau tak boleh menentukan nya, runding dengan UMNO pusat. Kalau tidak, tarik diri, biar lain orang cuba lakukan tanggung jawab itu.

      • Betullah tu… dia sekarang semua projek ada share 30% tanpa keluar sesen. Ada satu GLC johor tu memang dia control sebab ketuanya orang Pontian dia yang lantik, bukan MB. Tak caya tanya orang Johor kat kawasan Danga…

        NGO Gabung pun orang-orang dia juga, Masalahnya, kroni-kroni dia semua orang power-power dalam umno… bukan cekai-cekai.

    • No need to redefine role, functions and responsibilities of the Sultan and the Executive i.e the Menteri Besar, the State Secretariat, the Exco politicians and the Johore Civil Service Government Officers. Their roles, functions and responsibilities have been in place and practiced for 57 years since Merdeka.

      Yes, the Sultan can exhort and ask the State Government to do things for the rakyat or his subjects. But it must be made to the Menteri Besar, not any one else. Not even the to the Exco or State Secretary who are responsible to the MB. That would be undermining the position of the Menteri Besar who must be respected as the ultimate administrtive and executive boss in the State.

      And it’s entirely at the discretion of the MB whether to carry out or not what the Sultan asks. Because what’s to be done are invariably administrative in nature and the MB is responsible for administrative matters in every state.

      There is no question as to “WHO will gain the ultimate control.” The MB has to have ultimate control and the Sultan has to play his role as a constitutional monarch or Raja Berperlembagaan i.e rules or acts “on the advice of the Menteri Besar”. Nothing more, nothing less. That’s the system, the rule, the practice all these 57 years in all the states with Malay Rulers.

      I don’t understand what you mean by saying “The Malays is the one install Sultan to the throne”. All facts of history have been taken into account when the Federal Constitution and the State Constitutions were drafted and passed into law after Merdeka. That’s the law, the only law that we need to and must follow after Merdeka until now and until they are amended. The MB must be able, in the most polite and beradab and beradat way, “to say NO to Sultan” when his request cannot be met for various reasons. If he is not willing, resign. Yes, it’s easier said than done. But that has to be done to ensure the State moves and progresses normally. Otherwise the rakyat suffers.

      Let’s speak up matter-of-factly. Avoid statements that sound or are seditious like DAP Karpal Singh did, but just state what the law is, what the Constitution says, read up and explain what Raja Berperlembagaan means.

  8. Derhaka!

    Pulangkan balik segala pingat Dan kebesaran yang dikurniakan Baginda.

    Kalau tak setuju Sultan harus lebih berkuasa, maka berambuslah kamu dari Tanah jajahan Tuanku.

    Rakyat adalah Hamba Raja-raja. Tak faham ke?

    • Apa kamu cakap ni, Mamat? Kamu dah ketinggalan zaman. Zaman feudalisma sudah lama berlepas. Sekatang zaman demokrasi sejak Merdeka 57 tahun lalu.

      Kita berpandukan kapada Perlmbagaan negara dan Perlembagaan negeri. Itu sahaja undang undang yang kita mesti patuhi.

      Kedudukan Tuanku Sultan pin ada di nyatakan di situ. Semua rakyat tak kira bangsa dan agama mesti hormat kapada Raja. Kita juga mesti ikut konsep Raja Berperlembagaan saperti yang di tulis di dalam Perlembagaan Negara dan Perlembagaan negeri itu.

      Kalau kamu tak faham juga lagi, baca lah lagi apa yang di tulis di atas. Atau Google Perlembaggan negara dan Perlembagaan negeri Johor, baca dan cuba fahamkan. Jika tidak juga, cuba pergi jumpa orang yang bertauliah, minta penerangan – peguam, umpama nya.

      • “Itu sahaja undang undang yang kita mesti patuhi.”

        Perlu di tambah:

        Dan juga segala undang undang yang di perkanunkan menyusul peruntukan peruntukan di dalam Perlembagaan negara dan Perlembagaan negeri itu (in pursuit of the provisions of the national and state Constitutions).

    • dandy ni mungkin anak developer, ingin majukan Johor sebagai sambungan singapura yg ura ura nak tambah rakyat sampai 6.9 juta.

  9. Could be the start of greater singapore – in line with its 6.9 million population.

  10. Cuba siasat perkara ini….

    1. Siapa Penaung NGO Gabung & Ketua UMNO Bhg & pengarah dalam syarikat yang dimiliki DYMM? Adakah orang yang sama?

    2. Siapa Timbalan Pengerusi Eksekutif satu GLC Johor & Ketua UMNO Bhg & Presiden NGO Gabung? Adakah orang yang sama>

    3. Cuba siasat GLC Johor itu samada dibawah kawalan MB atau istana? Apa jadi kepada Pegawai Khas MB dalam GLC itu? Masih ada atau dah kena tendang balik ke NUsajaya?

    4. Cuba siasat GLC mana penyumbang utama kepada renovation Stadium Larkin?

    Kalau MB berani, tukar sahaja ketua kat dalam GLC itu yang tidak ikut arahan Nusajaya tapi ikut arahan dari atas DYMM. MB ada kuasa sebagai Pengerusi. Gunakanlah! Kalau dia marah, bagi nasihat… Macam dalam cerita Tiga Abdul….. Katakan JANGAN MARAH…. NANTI KENA JUAL…

    MB kena berani sebab rakyat semua harap pada dia untuk selamatkan hak rakyat.

    p/s: Bosan sekarang jadi rakyat Johor bila orang politik dan istana perangai begini….

  11. […] Monday, MB Johor Dato’ Seri Mohamad Khaled Nordin pushed through in Dewan Undangan Negeri Johor for an…to be passed, amidst controversy drawn for a law which so many opined contradicted the principles of […]


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