Saturday, November 7, 2009

Compassionate My Foot!

This time around the PM has acquiesced to a to be payable to the Kelantan government starting from next year. However, it is not royalty per se and will never be as it is more to a kind of compassionate? pay depending on the oil production. Earlier on , the Federal government is adamant not to pay such as according to them, 'there is no oil in Kelantan '. Now, they are saying that such oil is far away from Kelantan territorial waters, thus unlike Sabah and Sarawak, Kelantan only deserve compassionate payment instead of a royalty for such valuable resource.

Those Kelantanese leaders align to the Federal government are rejoicing such compassion , which in truth is the effort by PAS leadership. It is typical of the former of stealing other people's idea which is more in tuned with the People's aspiration as can be seen in Perak where many of the overthrown PR's government's ideas are being copied shamelessly by the thief of all thieves, as their own. According to those so called Kelantanese leaders, never mind the payment being a compassionate one since it will be for the benefit of the people in Kelantan. According to their simplistic and shallow mind, as long as they get the money then it is enough, more than enough since the payment will be channelled to the Federal Development Department instead of the State government helmed by PAS.

Such half hearted and ulterior laced motive by the Federal government certainly and absolutely will severely affect Kelantan in the long run since being a compassionate or we can say humanitarian basis, the Federal government has no obligation to continue providing or servicing the payment. The payment depends on them solely without any legal consequences. However, if it is in the form of royalty payments, they are duty bound to continue paying the state government as long as oil is still being produced. Indeed, the state government is right in objecting to such payment as in the future although oil is still being extracted from their soil but there might not be any payments.

Besides, if what the BN- led government's claim is true that the oil is not within the territory of Kelantan, why they agree to pay? It , therefore can be summarised that the black gold is indeed within the legal right of the state and not otherwise. Hence, it is only right for the state to pursue the matter in court and demand royalty instead of mere compassionate payment for the resource. Agreeing to such compassionate payment will only put the state in difficult position in the future when the Federal government decides to do away with the payment. They can argue that being compassionate payment they are not legally bound to continue the practice. Furthermore since the state is willing to accept the payment as the Federal government intends it to be - compassionate payment hence, the state has effectively abandon their legal right to claim for royalty.

The above may be a simplistic observation but even if it is royalty as what happens to Sabah in the 90's when PBS was the opposition, the royalty was changed to compassionate payment though there is a special Act stipulating that Sabah has the right over 5% royalty payment as stated in the Petroleum Development Act 1974. The Federal government has no right to reverse, abandon or even changed the provisions and opt instead to compassionate payment. It is uncertain whether the balance has been duly paid to Sabah after UMNO took over the helm in a political coup back in 1994.

It is indeed very dangerous to act in the spur of the moment and accepting such payment as it is as suggested by those stupid leaders who certainly have ulterior motives in urging the state to accept the payment. It is doubtful that such payment if accepted will benefit the People as a whole as being politically different, bias and discrimination will certainly occur. Hence, those areas under the control of the ruling party will enjoy some preference and priority over the others.

"Claim what is rightfully yours even if it means death!"

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