Another stripping of rakyat's voice in Parliament?

There is this interesting nugget from Azmi Khalid that the PAC cannot investigate Sime Darby losses despite "urges to investigate" from "many quarters" because the investment was from private investors

The Chairman's argument does not hold water at all.

The "many quarters" probably consist of Malaysians. Parliament is a place to discuss and resolve Malaysians' problems be it public utilities, economic conditions, social security, commercial opportunities etc.

So why can't a matter of public concern be looked into by PAC? Investors, big or small timers, in Sime Darby's shares may have less dividend while the banks from whom Sime Darby borrow from would have lost depositors' money and EPF dividends would be lost as well.

The Speakers have constantly rejected Pakatan Rakyat MPs' motion or even evict them denying the rakyat's voice to be heard through their elected representatives....and now this. I have that sinking feeling that we are being barred from being heard in the Parliament.

Similarly, Azmi is saying that since it is a private enterprise the government has no business looking into it.

Wrong. If the government taxes the business community via income tax, stamp duty, custom duty, real property gains tax, service and sales tax and even on credit card ownership, plus setting up laws and regulations to government the conduct of commercial entities hence why the inconsistency here?

An extract from Sime Darby's Internal Control Statement included in its June 2010 annual reports stated that:



The Board of Directors, on 18 September 2009, established the Oil & Gas Projects Work Group (OGPWG) to review the operations of the Energy & Utilities Division with the objective to assess the corporate governance and performance of the division, following its results in the financial year ended 30 June 2009.

The OGPWG reviewed, in particular, the four projects (collectively referred to as the projects), namely:

• The Bulhanine and Maydan Mahzam project with Qatar Petroleum (QP project)
• The Maersk Oil Qatar project (MOQ project)
• The Bakun hydroelectric dam project (Bakun project)
• A project on the construction of vessels for use in the MOQ project (Marine project)

The Projects contributed a total loss for the year of RM1,645.6 million, inclusive of the loss of RM963.8 millionannounced in the third quarter


Can you spot the sore thumb there? Surely that is a government project paid by tax payers?

What or who Azmi is trying to protect? Citing the procedural restrain is at best a lame excuse or at worst another obvious attempt to frustrate tax payers and Malaysians to get an explanation or redress.

Anyone with some knowledge of commercial law will be familiar with the concept of lifting the veil of incorporation. A director and his company are 2 separate legal persons and the director is not suppose to assume all liabilities of the company.

However, under certain circumstances, if the court views that it is unjust to uphold this concept, the court then can ignore this separate identity concept and pin the liability on the director; e.g. I set up a company to cheat via a ponzi scheme and I will have to go to jail for that, regardless if I used the company's name and not mine to deal with the victims.

Otherwise, to escape the scrutiny of the Parliament on application of public money, one only needs to privatise some governmental Padiberas Nasional Berhad?

Sekinchan rice farmers were complaining about the unsustainable price they were told to sell to Padiberas Nasional Berhad was overshadowed by the disgusting physical assault on Sekinchan State Assemblyman YB Ng who went over to hear them.

If Najib administration's pet rallying call is "Performance Now" among other things, Azmi is sadly lacking in this respect, I think. If the Constitution can be changed hundreds of times, why not a part of the Standing Order?

If the above are not good enough reasons, then look at the top 10 Sime Darby shareholders and you will find Amanah Saham Bumiputra, Permodalan Nasional Berhad, EPF, Felda, :

So Azmi has to consider whether PAC has to look into this Sime Darby for the sake of Malay rights (the Tuan has the right to know), security of government funds and investment as well as the retirement basket of all Malaysians

Azmi would do well to look into Ahmad Zaki Berhad as well. If you look at the 2009 annual accounts of this UMNO-linked company, the joint venture between AZB with its JV partners incured net liabilities of exceeding RM28 million which includes highway and school construction work in Malaysia. Isn't that direct usage of tax payers' money?

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