Entrance to University should follow Federal Constitution

I refer to the statement yesterday by The Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin, who called on all parties to stop questioning the status and position of Universiti Teknologi Mara (UiTM) for “Bumiputera”.

Under Article 153 (8A) of the Federal Constitution:-Notwithstanding anything in this Constitution, where in any University, College and other educational institution providing education after Malaysian Certificate of Education or its equivalent, the number of places offered by the authority responsible for the management of the University, College or such educational institution to candidates for any course of study is less than the number of candidates qualified for such places, it shall be lawful for the Yang di-Pertuan Agong by virtue of this Article to give such directions to the authority as may be required to ensure the reservation of such proportion of such places for Malays and natives of any of the States of Sabah and Sarawak as the Yang di-Pertuan Agong may deem reasonable; and the authority shall duly comply with the directions.

As stated in Article 153(8A), it is only when the number of places offered in the University for any course is less than the number of candidates qualified for such places, then the Yang di-Pertuan Agong can give directions to the authority to make reservation for Malays and natives of Sabah & Sarawak (“Bumiputera”). Save for the amendment of the Federal Constitution in relation to Article 153(8A), this provision should supersede any other laws enacted in Malaysia.

The question of whether the number of qualified candidates exceeds the number of places offered in the University for any course, can only be determined after the “closing of the application to the University”. And not pre-determined at any time before the application.

For example, if there are 1000 Malaysian students (all with 5As’ in STPM, being the assumed required qualification) who applied for a medical course in a local University and there are only 400 places, then it shall be lawful to reserve places for Bumiputera within the 1000 Malaysian students.
The qualification of all Malaysian students applying for University entrance should be the same for the same course.

Thus, I hope that the Ministry of Higher Education would strictly follow and direct all local universities to comply with Article 153(8A) of the Federal Constitution when dealing with the application of Malaysian students for entrance to local universities, such as UM, UUM, USM, UKM, UPM, etc.

Pakatan Rakyat, One Malaysia and Kedah Housing Policy

I refer to the recent continuous criticism by Pakatan Rakyat leaders against the One Malaysia Slogan by our Prime Minister, Dato Seri Najib Tun Razak and other federal government policy.

Since the last general election in March, 2008, not many Malaysian are aware that the Pakatan Rakyat led Kedah government had created an extreme housing policy in Kedah, which increased the bumiputra quota in housing development (for swap Malay Reserve land) from 30% to 50% in Kedah.

It is ironic that Pakatan Rakyat leaders are criticizing the “One Malaysia Concept” and “the People First and Performance Now”, when in actual fact, Pakatan Rakyat are not doing anything to review the implementation of the increase of bumiputra quota in housing development in Kedah.

I am surprise that DAP leaders such as YB Lim Kit Siang and PKR de facto leader, Dato Seri Anwar Ibrahim had not assisted Kedahan to abolish the increase of the housing Bumiputra Quota in Kedah. Pakatan Rakyat is in control of Kedah and there is no reason why Pakatan Rakyat cannot immediately abolish the increase of the housing Bumiputra Quota in Kedah. Otherwise, Pakatan Rakyat would be seen as practicing “Double Standard” when proposing and implementing policy in different states.

Instead, other states led by Barisan Nasional such as Negeri Sembilan and Perak, had recently indicated their willingness to review the current bumiputra quota housing policy in their respective state in view of the current economy slowdown. See http://www.nst.com.my/Saturday/National/2564162/Article/index_html
http://malaysia.news.yahoo.com/bnm/20090506/tts-mohamad-housing-bm-993ba14.html

I believe that the increase of the housing Bumiputra Quota in Kedah is destructive to the development of Kedah. There is no benefit to the state for the implementation of such policy, which the Kedah state government had failed to explain.

DETERMINE THE LEGITIMATE MENTERI BESAR OF PERAK FIRST BEFORE DISSOLVING STATE ASSEMBLY

I refer to the recent constitutional crisis in Perak and the challenge by Dato Seri Anwar Ibrahim to Dato Seri Najib Tun Razak to dissolve the Perak State Assembly for a fresh state election (as seen in his blog posting today at http://anwaribrahimblog.com/2009/05/14/anwar-cabar-najib-adakan-praya-di-perak/).

In my personal view, such a challenge is premature at this juncture as:-

1. a lot of Pakatan Rakyat leaders have expressed their doubt on the legitimacy of Dato Seri Dr Zambry Abd Kadir as Menteri Besar of Perak based on the High Court decision which proclaimed Dato Seri Mohammad Nizar Jamaluddin as the rightful Menteri Besar of Perak and have questioned the validity of the stay of proceeding granted against the High Court decision pending an appeal to the Court of Appeal;

2. before the dissolution of the State Assembly, it is important to determine who is the legitimate Menteri Besar, who is thus entitled to advise the Sultan of Perak for the dissolution of the State Assembly under Article 16(6) of the Perak Constitution FAILING WHICH any call for the dissolution of State Assembly by the person purporting to be the Menteri Besar of Perak could be challenged again in the court, by the losing party of the fresh state election;

3. as the matters pertaining to the legitimacy of the Menteri Besar Perak are currently being brought to the Court of Appeal, it is only right that the matter should first be resolved at the judiciary level to avoid any future complications; and

4. with due respect, I feel that the Royal Highness Sultan of Perak should consider this factor before deciding to dissolve the state assembly of Perak.

For the avoidance of doubt, the above are my personal views, which I felt need to be highlighted so as to avoid future complications after any fresh state election in Perak.

RESPONSE TO MINISTRY OF HIGHER EDUCATION ON PTPTN

I refer to my proposal on 6th May, 2009 to the Ministry of Higher Education for the exemption of repayment of PTPTN Loan for 1st Class graduates and 30% discount for 2nd Class Upper graduates. The proposal was made to serve as recognition by the Government of the students’ academic excellence. It would be disappointing to see that Malaysian students, who were not granted scholarship initially but actually performed up to expectation not being rewarded for their academic excellence.

Subsequent to the proposal, it was reported in local daily (see http://thestar.com.my/education/story.asp?file=/2009/5/10/education/3848450&sec=education) that Higher Education Minister Datuk Seri Mohamed Khaled Nordin replied that the Ministry “can only consider this when the financial situation of PTPTN is sustainable.” It was also reported that PTPTN chief executive officer Yunos Abd Ghani said the corporation was presently unable to consider the requests as “the amount would be too much for the corporation to absorb”.

Dato Seri Mohamed Khaled Nordin had also previously said the ministry was currently conducting research on how to ensure the sustainability of the PTPTN as “if the PTPTN funds continue to operate as they are, we will have a RM42bil deficit by 2020”.

Thus, I would like to take this opportunity to respond as follows:-
1. the current financial condition of the PTPTN is due to the high rate of default by borrowers. It would be unfair if the issues of default in PTPTN Loan would drag down the aim of our government to promote the development of human capital in Malaysia;

2. I am of the view that recognition of students’ academic excellence is an important aspect in developing a more vibrant and dynamic young Malaysians as well as to culture a feeling of gratitude among youth to serve our country in a more sincere manner as well as to the Barisan Nasional led government.

3. The recent by-election and the general election in 2008 had shown deteriorating support of young voters in our country, which I am not surprise considering the current higher education policy in our country. This includes the abolishment of the exemption of repayment of PTPTN Loan by 1st Class graduates, taken by the Cabinet two (2) years ago.

4. Thus, I would like to propose that the exemption of repayment of PTPTN Loan for 1st class Graduates and 30% discount for 2nd Class Upper Graduates will not burden the financial condition of PTPTN if:-
(a) A new Malaysian scholarship foundation can be set up by government to pay PTPTN for the exemption of repayment for 1st Class Graduates and the 30% discount for 2nd Class Upper Graduates; and
(b) A study to be conducted under the supervision of Ministry of Higher Education on the required amount to set up the new Malaysian scholarship foundation and to be proposed in the Budget for year 2010.

I hope that this proposal can be considered by the Ministry of Higher Education for the benefit of young Malaysians, which are the core future of Malaysia.

Give Exemptions for PTPTN Loan Repayment to Top Grads

By KAREN CHAPMAN (from Star Newspaper 10-5-2009)

STUDENTS who obtain first class honours in their undergraduate degrees should be exempted from repaying their National Higher Education Fund Corporation (PTPTN) loans.
Kedah Gerakan youth chief Tan Keng Liang in an open letter to Higher Education Minister Datuk Seri Mohamed Khaled Nordin dated Wednesday, said this would serve as recognition by the Government of the students’ academic excellence.
He said it would also be in line with the promotion of better quality undergraduates in local universities.
“The minister should also consider allowing a 30% discount for graduates when repaying their PTPTN loans if they obtain second class upper degrees,” he said in his open letter which was also distributed to the media.
Tan hoped Mohamed Khaled would consider the requests as before July 1, 2005, graduates who obtained first class honours could be exempted from the repayment of their loans, which has since been discontinued.
He said currently there were students who were given full scholarships to enter local universities before achieving any result and who might not perform up to expectation.
“It would be disappointing to see that Malaysian students who were not granted scholarships initially but who actually performed up to expectation, not being rewarded for their academic excellence,” he said.
In an immediate response, Mohamed Khaled said the Cabinet had decided on this matter about two years ago.
“We can only consider this when the financial situation of PTPTN is sustainable,” he said when contacted.
PTPTN chief executive officer Yunos Abd Ghani said the corporation was presently unable to consider the requests.
“The amount would be too much for the corporation to absorb,” he said.
On Tuesday, Mohamed Khaled had said the ministry was currently conducting research on how to ensure the sustainability of the PTPTN.
“If the PTPTN funds continue to operate as they are, we will have a RM42bil deficit by 2020,” he said.

My Letter to DS Khaled Nordin to Request Exemption for PTPTN Loan Repayment

I refer to the previous policy by National Education Fund Corporation (PTPTN) whereby graduates who obtained first class honours for loans approved before 1st July 2005 may apply for exemption for the repayment of the PTPTN loan. However, I understand that this policy had been discontinued.

In view that it should be the utmost priority for our government to assist Malaysian students who excel in their studies, I would like to request Dato Seri to consider:-

1. allowing full exemption of repayment of the PTPTN loan for graduates who obtained first class honours for their undergraduate programmes; and

2. allowing a 30% discount of the repayment of PTPTN loan for graduates who obtained second class upper for their undergraduate programmes.

This would serve as recognition by the government of the student’s academic excellence and in line with the promotion of better quality undergraduates in local universities.

Currently, there are students who are given full scholarship to enter local varsities before achieving any result and who may not eventually performed up to expectation. Thus, it would be disappointing to see that Malaysian students, who were not granted scholarship initially but actually performed up to expectation not being rewarded for their academic excellence.

Lastly, I would like to congratulate Dato Seri for the success to date by PTPTN in granting opportunity to Malaysians to enter local universities

Thank you.