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NEWS ALERT:     Federal Court rules Zambry is rightful MB of Perak, dismisses Nizar's appeal              NEWS ALERT:    Anwar sodomy trial postponed to tomorrow; defence to file a response to prosecution's affidavit-in-reply to Anwar's recusal application                        NEWS ALERT:      Najib: All quarters should accept Federal Court decision and stop politicising issue; concentrate on working for the people of Perak

Wed, 10 Feb 2010
Columnists :: Down 2 Earth - Terence Fernandez ( Every Tuesday & Friday )
Fine line between right and rights
Terence Fernandez


I MAY be a loyar buruk but I do know that the basic tenet of the law of contract is that an agreement between two parties – for goods, services or other considerations as long as legal – must be honoured.

But at least two ministries have not fulfilled their part of the deal in several promotional contracts. Now several companies are seeking legal recourse to get their money.

Here is the problem: the two ministries which were helmed by the same person (at different times) had appointed a RM2 company to deal with the media and come up with promotional stints and campaigns such as web TV, junior tournaments and tennis matches. The deals are worth millions of ringgit and include buying advertisements in newspapers.

If we had a paparazzi culture, the former minister would be regular fodder on our version of TMZ or E! While the former minister is living a colourful life, those who took over the ministries have to clean up the mess.

“There is no money to do anything. Semua lesap!” complained one minister in his first week of office.

“You have been exposing many activities here. So tell me, who can I trust in my ministry?” he asked Citizen Nades and me one day.

Before he was transferred to another ministry, he had a pow-wow with his officers and called in auditors to do some house-cleaning. According to those at the meeting, the soft spoken and calm minister lost it when he kept getting the runaround and yelled at his senior officers: “I have given you a year to come clean with me. Now I am left with no choice but to bring in the authorities.”

No one knows if his transfer was to suppress the dirt that would have come out of the auditor’s report but it’s been nine months since that meeting and the trash has yet to wash up on the beach. Anyway, the point I’m trying to get at is that ministers come and go but their deeds and omissions will always be the legacy that their officers have to deal with.

With regards to the contracts and agreements in limbo, the new administration of these two ministries have refused to release payment, partly because there is little or no return on investment. The one making any sen is the media agency which is not even a member of the established advertising standard agencies, media groups or public relations institute.

Goes to show that just like outdoor advertising, any abang adik can be a media or PR practitioner. All he has to do is be on the good side of some Yang Berhormat and he is set for life.

On another note, it seems where payment had been approved, this rent seeker has not forwarded any monies to several suppliers, newspapers and sub-contractors. Well, it is for them to talk to their lawyers. While I am all for protecting the public interest, fair is fair and if there is no dubiousness, then one must be paid for an honest day’s work. But herein lies the problem: some of the contracts were signed with the agency not the ministry.

Meantime, the auditor-general must look into the dealings of these two ministries over the last five years with a fine-tooth comb and get hold of all the paperwork with “sila beri kerjasama” or “saya setuju” scribbled by the minister – including a proposal letter for a RM3 million contract supposedly submitted by the minister’s father.

The fact that one ministry held two Hari Raya open houses last year (one at the PWTC and the other at the minister’s constituency) when government regulations allow only one, gives rise to talk that it was an exercise to share the spoils. I am surprised that the A-G missed this one and the Malaysian Anti-Corruption Agency (MACC) has been taking its time to address the issues.

So, while it educates MPs and assemblymen on what is graft, the MACC should also ensure that it investigates wrongdoings without fear or favour. I will be convinced that the MACC re-branding is not a mere PR exercise only when this minister is made to face the music. Otherwise, its acronym will continue to be linked to livestock and automobiles.

Terence says the government is walking a fine line between protecting the people’s interest and fulfilling its contractual obligations. He is deputy editor special reports & investigations and can be reached at terence@thesundaily.com and followed on Twitter @TerencetheSUN


Updated: 12:42AM Tue, 10 Nov 2009
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